Crown Employees (Roads and Traffic Authority of New South Wales Traffic Signals Staff) Award 2007




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SERIAL C5660


Crown Employees (Roads and Traffic Authority of New South Wales - Traffic Signals Staff) Award 2007
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Correction to Serial C5410 published 20 April 2007
(362 I.G. 588)
(No. IRC 247 of 2007)
CORRECTION
1. Delete the award published 20 April 2007 (362 I.G. 588) and substitute the following:
AWARD
Table of contents
1. Title

2. Definitions

3. Purpose of this Award

4. Terms of Employment

4.1 General terms

4.2 Part-time employment

4.3 Working hours

4.4 Shiftwork

4.4.1 General

4.4.2 Short term shiftwork

4.5 Promotion criteria

5. Payments

5.1 Salaries

5.2 Minimum and maximum payments

5.3 Incremental progression

5.4 Overtime

5.4.1 General

5.4.2 Call-outs

5.5 Higher duties relief

5.6 Salary and grade appeals

5.7 Allowances and expenses

5.7.1 Meals on Journeys that do not require Overnight Accommodation

5.7.2 Meals on overtime

5.7.3 Private motor vehicle allowances

5.7.4 Residential course allowances

5.7.5 Lodging and travelling allowances

5.7.6 Fares to temporary work location

5.7.7 Location expenses

5.8 Provision of tools

5.9 Compensatory travel leave and payments

6. Leave

6.1 Public holidays

6.1.1 Local public holidays

6.1.2 Public service holiday

6.2 Recreation leave

6.3 Long Service Leave

6.3.1 General

6.3.2 Effect of approved Leave Without Pay (LWOP) on Long Service Leave Entitlements

6.3.3 Taking of long service leave

6.3.4 Sick leave while on long service leave

6.3.5 Public Holidays while on long service leave

6.3.6 Payment or transfer of long service leave on termination

6.4 Sick leave

6.5 Maternity leave

6.6 Adoption leave

6.7 Parental Leave1

6.7A Communication during Maternity, Adoption and Parental Leave

6.7B Rights of request during Maternity, Adoption or Parental Leave

6.8 Study leave

6.8.1 Examination and pre-examination leave 6.9 Military leave

6.10 Special leave

6.11 Leave without pay

6.12 Family and community service leave

7. Other Conditions

7.1 Deduction of Union Membership Fees

7.2 Grievance resolution and dispute settlement 7.2.1 Grievance resolution

7.2.2 Dispute settlement

7.2.3 Disputes relating to OH&S

7.3 Anti-Discrimination

8. Leave reserved


PART B
MONETARY RATES
Salary Increases
APPENDIX A - WORKPLACE REFORM
A1 Parties to the award

A2 Enterprise bargaining infrastructure

A2.1 RTA's Single Bargaining Unit (SBU)

A2.2 Project teams

A2.3 Staff task groups

A2.4 Regional consultative groups

A2.5 General principles

A3 Commercialisation

A4 Process improvement

A5 Competency based training

A6 Performance planning and feedback

A7 Conditions of employment

A8 Work environment

A9 Consultation on excess staff

A10 Contractors' protocol

A11 Agreed procedures for market testing and contracting out

A12 Unplanned absenteeism (Sick leave)

A13 Spread of hours

A14 Consultation

A15 Communication

A16 Casual and limited duration employment

A17 HIAB, Driving and compressor allowances

A18 Meal allowances

A19 Austel licence

A20 First aid

A21 Work apparel


APPENDIX B - IMPLEMENTATION
B1 Rescinding of previous awards

B2 Duration of the award and operative dates for future salary increases

B3 Negotiating the next award
APPENDIX C - GRIEVANCE RESOLUTION
Policy

Guidelines

Definitions

General Principles of Grievance Resolution

Interpreters

External Referral Sources

Protection

Documentation

Training

Assessing Grievance Resolution

Appeal Right

Grievance Resolution Procedures


APPENDIX D - MARKET TESTING AND CONTRACTING OUT
Principles

Selection of an Area of Work to Market Test

Conduct of Market Testing Projects

Management of an Area of Work After Market Testing

Definitions

Consultative Process


APPENDIX E - GLOSSARY OF TERMS
Traffic Signals Group

Electronic Equipment Group


Part A
1. Title
This Award will be known as the Crown Employees (Roads and Traffic Authority of New South Wales - Traffic Signals Staff) Award 2007. The terms of this Award will apply to Traffic Signals Staff employed by the Roads and Traffic Authority.
2. Definitions
(a) "RTA" shall mean the Roads and Traffic Authority Division of the Government Service of New South Wales, established under Chapter 1A of the Public Sector Employment and Management Act 2002 (NSW).

(b) "Staff" shall mean the Traffic Signals classifications set out in Part B, Monetary Rates, employed by the Roads and Traffic Authority Division of the Government Service of New South Wales, established under Chapter 1A of the Public Sector Employment and Management Act 2002 (NSW).


(c) "ETU" shall mean the Electrical Trades Union of Australia, New South Wales Branch.
3. Purpose of This Award
(a) The main purpose of this Award is to ensure that the following parties:
- RTA management;
- Staff; and
- the ETU
are committed to continually improving all areas of the RTA to achieve lasting customer satisfaction and increased productivity.
(b) The RTA is totally committed to improving the way in which it performs its operations to ensure it meets customers' needs. This is being done by means of the RTA Continuous Improvement Strategy.
(c) This award is made on the understanding that the salaries and conditions existing for employees at the date on which this award takes effect shall not be reduced merely as a consequence of the coming into operation of this award.
4. Terms of Employment
4.1 General terms
(a) Employment is by the fortnight for full-time and part-time staff.
(b) The RTA will pay all staff fortnightly by electronic funds transfer into a bank or other approved financial institution.
(c) The RTA and the ETU recognise that all Staff will perform work as specified by the RTA. The RTA will regard any unreasonable failure to perform this work requirement as a refusal to perform duties. The RTA's disciplinary policy will be followed in such cases.
(d) Staff must carry out duties that:
(i) they have the skills, competence, training and qualifications to undertake;
(ii) are within the classification structure of this Award;
(iii) do not promote de-skilling.
(e) The RTA will not require a staff member to work in an unsafe or unhealthy environment or in breach of any statutory or regulatory requirement.
(f) Employment of full-time and part-time staff can be terminated by the RTA with the following periods of notice dependent upon the years of "continuous service":
(i) up to three years' service 2 weeks' notice;
(ii) more than three years' but less than five years' service at least 3 weeks' notice;
(iii) more than 5 years' service at least 4 weeks' notice with a loading of one week on the applicable period where the staff member is over 45 years and has at least 2 years' completed years of continuous service with the RTA as at the date of termination.
4.2 Part-time employment
(a) Staff may be employed on a part-time basis subject to the needs of the RTA and in accordance with its policies and procedures for permanent and part-time staff.
(b) Staff may apply to work part-time and the decision to do so is voluntary. No person can be directed or placed under any duress to move from full-time to part-time work, or vice versa.
(c) Part-time staff will be employed as required.
(d) If it is essential that part-time staff work extra hours, the extra hours will be paid at the following rates:
(i) ordinary rates of pay plus a loading of 4/48ths in lieu of recreation leave for work performed up to the normal daily working hours of full-time staff performing similar duties;
(ii) appropriate overtime rates for work performed in excess of the normal working hours of full-time staff performing similar duties.
(e) Individual working arrangements will be:
(i) agreed between the RTA and the staff member concerned;
(ii) set out in a written agreement signed by both parties and approved by the appropriate Branch Manager;
(iii) able to be varied at any time by negotiation between the parties.
(f) The salaries and conditions of employment for part-time staff will be based on a pro rata application of salaries and conditions of employment contained in this Award for full-time staff performing similar duties.
(g) The RTA will notify the ETU prior to the employment of part time staff.
4.3 Working hours
(a) A normal working week for workers other than continuous shift workers will consist of 38 hours worked as follows:
- a 20 day, 4 week cycle
- Monday to Friday inclusive
- 19 working days of 8 hours each
- working hours each day between 6.00am and 5.30pm.
(b) The commencing times operating at the various RTA offices at the time of implementing this clause shall not be changed without consultation with the ETU.
(c) For each day worked 0.4 hours per day accrues as an entitlement to take the fourth Monday in each work cycle as a Paid Accrued Day Off ("ADO").
(d) Staff required to work on their ADO, will be given at least 24 hours' notice, or failing such notice, will be paid for all time worked at double time.
(e) Staff who attend RTA conferences, attend training organised by the RTA or who sit for an examination on their ADO will have another day off in lieu.
(f) By agreement with the RTA, staff may be required to substitute the fourth Monday with another day (nominated in advance) in the working cycle. The conditions of this Award will apply to the alternate nominated ADO.
(g) Where the fourth Monday (or ADO) falls on a public holiday, the next working day is taken in lieu of the ADO. By agreement with the RTA an alternate day of the four week cycle may be taken as the ADO.
(h) Each day of paid, sick or recreation leave taken and any public holidays occurring during any cycle of four weeks is regarded as a day worked for accrual purposes.
(i) Staff who are ill or incapacitated on their ADO are not entitled to paid sick leave on that day, nor is the staff member’s sick leave entitlement reduced.
(j) Staff who have either:
(i) not worked a complete four-week cycle; or
(ii) are regarded has not having worked a complete four-week cycle according to (a) above
receive pro rata entitlements on the ADO for each day (or fraction of day) worked, or regarded as having been worked. On termination of employment staff receive pro rata accrued entitlements on the ADO.
(k) Staff may be required to work on their ADO for the following reasons:
(i) to allow other staff to be employed productively to carry out maintenance outside of ordinary working hours;
(ii) because of unforeseen delays to a particular project (or part);
(iii) emergency or other unforeseen circumstances on a project.
Staff required to work on their ADO will be paid at Saturday rates.
(l) Staff required to work on their ADO may elect, where practicable, to have another day off instead. This day off must be taken before the end of the succeeding work cycle. In such cases, the accrued entitlements are transferred to the substituted day off.
(m) Staff on continuous shift work accrue 0.4 hours for each eight hour shift work to allow one complete shift to be taken off for every 20 shift cycle.
(n) The conditions in (b) to (k) above also apply to continuous shift workers.
(o) Staff on shift work shall have their 20 minute crib break, at the workplace rather than return to their headquarters for this purpose.

4.4 Shiftwork


4.4.1 General
(a) For the purpose of this clause:
"Afternoon shift" means a shift on which ordinary time finishes after 6.00pm and at or before midnight.
"Night shift" means a shift on which ordinary time finishes after midnight and at or before 8.00am commences at or before 4.00am.
(b) Staff engaged on shift work will be allowed a minimum of 10 hours between shifts except:
(i) at change of shifts when a minimum of 8 hours will be allowed; or
(ii) in cases of unavoidable necessity.
(c) If the RTA instructs staff to resume or continue work without having 10 consecutive hours off duty, they will be:
(i) paid double time until they are released from duty;
(ii) entitled to be absent, without loss of pay for ordinary working time, until they have completed 10 consecutive hours off duty.
(d) The conditions in (c) above also apply to shift workers except that 8 hours will be substituted for 10 hours when overtime is worked:
(i) for the purpose of changing shift rosters;
(ii) where shift workers do not report for duty and day workers or shift workers are required to replace them;
(iii) where a shift is worked by arrangement between staff themselves.
(e) In addition to salaries to which they are entitled under this Award, staff on afternoon and/or night shift are paid an additional 15 per cent for each ordinary afternoon or night shift performed on week days.
(f) All time worked:
(i) between 11.00pm and 12.00 midnight Friday;
(ii) between 12.00 midnight Sunday and 7.00am Monday
is paid a shift loading of 15 per cent of the ordinary rate of pay.
(g) Sunday time
"Sunday time" is:
(i) time worked between 12.00 midnight on Saturday and 12.00 midnight Sunday;
(ii) paid at double time rate.

(h) Saturday time


Saturday time is:
(i) time worked between 12.00 midnight on Friday and 12.00 midnight on Saturday;
(ii) paid at the rate of time and a half (the time which forms part of the ordinary hours of the week continues to be taken into consideration for the calculation of overtime).
(i) Staff employed under this clause and working a six or seven-day week three-shift roster are credited with an additional five days recreation leave per annum. This leave accrues at the rate of 5/12 of a day for each complete month that an officer so works.
4.4.2 Short term shiftwork
Where shiftwork for construction or maintenance works is of up to 2 weeks' duration the following will apply:
(a) Staff required to work shift work will be given at least 48 hours' notice. If shift hours are changed, staff will be notified by the finishing time of their previous shift.
(b) Shift work will be worked between:
(i) Sunday to Thursday inclusive; or
(ii) Monday to Friday inclusive.
(c) Working hours and payment for shifts are:


Single shifts:

no longer than 8 hours, and paid at time and a half.

(i) Single shifts are worked after 6:00pm and finish before 6:00am.


(ii) For shifts worked between Sunday and Thursday, Sunday shifts are normal shifts that start before midnight Sunday.
(iii) For shifts worked between Monday and Friday, Friday shifts are normal shifts that start before and end after midnight Friday.


Two shifts:

-

worked between 6.00am and midnight or as agreed with the RTA, and







paid at time and a quarter










Three shifts:

-

with the third (night) shift being seven hours and 17 minutes paid at







time and a quarter.

(d) Staff who are employed during normal working hours are not allowed to work afternoon or night shifts except at overtime rates.


(e) Work in excess of shift hours, Sunday to Thursday or Monday to Friday (other than public holidays) will be paid double time.
(f) Time worked on a Saturday, Sunday or public holidays will be paid at overtime rates, provided that:
(i) Friday shifts referred to in clause 4.4.2 (d) will be paid at ordinary shift rates;
(ii) Sunday shifts referred to in clause 4.4.2 (d) will be paid at ordinary shift rates after midnight Sunday.

(g) If staff work a shift of less than five continuous days and:


(i) it is not due to the actions of staff they will be paid overtime rates;
(ii) it is due to the actions of the staff they will be paid normal shift rates.
(h) If a shift exceeds four hours, staff will be allowed and paid 30 minutes' crib time on each shift.
(i) 0.4 of one hour for each shift worked will be accrued, entitling staff to one shift off without pay, in every 20 shift cycle, known as the Accrued Day Off (ADO). Wages for the accrued time will be paid in the wages period during which it has been worked.
(j) Each shift of paid leave taken and any public holidays occurring during a four week cycle will be counted as a shift worked for accrual purposes.
(k) Staff who do not work a complete four week cycle will receive pro rata accrued entitlements for each shift (or part of a shift) worked.
(l) Local management and staff will agree on the:
(i) arrangements for ADO's during the 20 shift cycle;
(ii) accumulation of ADO's (maximum of five).
(m) Once ADO's have been rostered they must be taken unless the RTA requires a staff member to work in emergencies.
4.5 Promotion criteria
(a) All promotion from one grade to another will be on the basis of merit and be subject to the existence of a vacancy.
(b) Selection shall be in accordance with the RTA Selection Policy in force from time to time.
5. Payments
5.1 Salaries
(a) For a detailed list of the salaries of staff, refer to Part B, Monetary rates.
(b) For the purposes of this Award:
(i) the weekly rate will be calculated by dividing the annual salary by 52.17857;
(ii) the hourly rate will be calculated by dividing the weekly rate by 38;
(iii) the salary rates listed in Part B are inclusive of a 1.35% annual leave loading.
5.2 Minimum and maximum payments
Staff who attend for duty and:
(a) who are not required shall receive five hours' pay unless 12 hours' notice was given personally that they were not required;
(b) who commence work shall receive 7 hours' pay.

5.3 Incremental progression


(a) Staff will be entitled to incremental progression within a grade after 12 months' satisfactory service and conduct on each step-in grade.
(b) The RTA may withhold an increment or reduce a staff member’s salary on the basis of the staff member’s:
(i) inefficiency;
(ii) misconduct in an official capacity.
(c) The RTA will provide staff with written reasons for withholding an increment or reducing their salary within 30 days of the increment being due, or of the reduction taking effect.
(d) Periods of leave without pay where the total period of absence in any one year is greater than 5 days will not count as service when determining increments.
5.4 Overtime
5.4.1 General
(a) Overtime will be paid only for work performed in excess of the normal working hours per day which is specifically directed by an authorised officer.
(b) Overtime is used to allow essential work to be carried out which, due to its character or special circumstances, cannot be performed during normal working hours. It is not an optional work pattern.
(c) Overtime will be kept to a minimum and other work arrangements such as shift work should be considered before overtime is undertaken.
(d) If staff work flexible working hours, overtime will only be paid for approved overtime worked outside the bandwidth.
(e) Overtime will be paid at the following rates:
(i) first two hours - time and a half;
(ii) after the first two hours - double time;
(iii) all work on Saturday -
(1) time and a half for the first two hours; and
(2) double time after the first two hours;
(iv) all work on Sunday - double time;
(v) all work on a public holiday - double time and a half.
(f) Staff who are required to attend work on a Saturday, Sunday public holiday, picnic day or ADO will be paid for at least four hours work at the appropriate overtime rate.
(g) Overtime is not payable for:
(i) any period of work that is less than a quarter of an hour;
(ii) time taken as a meal break (except as provided for in 5.4.1(j));

(iii) time spent travelling outside normal hours.


(h) If staff work overtime on a Saturday, Sunday or public holiday, they may apply for leave in lieu of payment for all or part of their entitlement calculated at the appropriate overtime rate. This is provided that:
(i) the application for leave in lieu of payment is made within two working days of their work on a Saturday, Sunday or public holiday;
(ii) leave in lieu is taken at the convenience of the RTA;
(iii) leave in lieu is taken in multiples of a quarter of a day;
(iv) the maximum period of the leave in lieu for a single period of overtime is one day;
(v) leave in lieu is taken within one month of approval to take leave in lieu, except for work performed on a public holiday which may, at the election of staff, be added to annual leave credits.
Staff are paid for the balance of any entitlement not taken as leave in lieu.
(i) Overtime will not be paid for attending activities which principally benefit the staff member concerned and only indirectly benefit the RTA. Such activities may include:
(i) conferences of professional bodies;
(ii) lectures conducted by educational institutions;
(iii) self-nominated training activities.
(j) Staff required to work two hours or more overtime after their normal ceasing time are entitled to:
(i) 30 minutes for a meal or crib break without loss of pay, after the first 2 hours; and a similar time allowance for each additional 4 hours of overtime worked.
(ii) To qualify for the above allowance, staff must continue to work after their allowed break.
(iii) Staff required to work past 12 noon on Saturday are entitled to a 30 minute meal break, without loss of pay between 12 noon and 1pm.
(k) Staff working overtime and supervising other staff will be paid the same penalties as those under their control.
(l) The RTA may require staff to work reasonable overtime at overtime rates. An officer may refuse to work overtime in circumstances where the working of overtime would result in staff working hours which are unreasonable. For the purposes of this paragraph what is unreasonable or otherwise will be determined having regard to:
(i) any risk to the staff member’s health and safety;
(ii) the staff member’s personal circumstances including any family and carer responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the Authority regarding the working of overtime, and by the officer of their intention to refuse the working of overtime; or

(v) any other relevant matter.


5.4.2 Call-outs
(a) Staff recalled to work overtime:
(i) having ceased normal duty (whether notified before or after leaving the premises) are paid for a minimum of four hours' work at the appropriate rate for each time they are recalled will not be required, except in unforeseen circumstances, to work the full four hours if the job is completed within a shorter period.
(ii) This subclause does not apply where:
1. it is customary for staff to return to the workplace to perform a specific job outside ordinary working hours;
2. the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
(b) Overtime worked on a call-out where the actual time worked is less than three hours on such recall or on each of such recalls shall not be regarded as overtime for the purposes of 10 consecutive hours off duty as outlined in 5.4.3 below.
(c) (i) Despite 5.4.2(b), where a staff member:


-

is called out on two or more occasions; and




-

each recall is less than three hours duration; and




-

the timing of the callouts means that the staff member does not have a sufficient




amount of sleep meaning that he or she will not be in a fit state to attend work.

The staff member should discuss with their supervisor to delay their commencement of duty to ensure that the staff member has sufficient rest.


(ii) The staff member should be given sufficient additional rest time except in cases of emergency where the staff member is required for duty.
(iii) When additional rest time is granted to a staff member, he or she will be paid at ordinary rates for the period that they are absent from work.
(iv) Should the RTA not be able to grant the staff member additional rest time in accordance with 5.4.2(c)(i) and the staff member is required to attend for duty, no additional penalty payment will be made. Penalty payments will only be made where sub clause 5.4.3 comes into operation.
5.4.3 Rest break between shifts after overtime
(a) Staff required to work after finishing a shift without a break of 10 consecutive hours before their next starting time are entitled to be absent from duty for 10 consecutive hours without deduction of pay.
(b) Staff required to commence duty before the expiration of the 10 hour break will be paid double time for the time worked.
(c) The provisions of (a) and (b) above also apply to shift workers who rotate from one shift to another by substituting "10 hours" with "8 hours":
(i) for the purpose of changing shift rosters;

(ii) where a shift worker does not report for duty;


(iii) where the shift worked by arrangement between staff.
5.5 Higher duties relief
(a) When the RTA has directed a staff member to relieve in a higher graded position and the staff member performs the normal duties of the position, the staff member will be paid an allowance to the first year salary rate of the position for the full period of relief.
(b) If a staff member performs the duties of a higher graded position for 260 days either continuously or not he or she shall:
(i) be paid the next higher rate of pay for the position;
(ii) be paid the next higher rate of pay for the position on the completion of a further 260 days' relief either continuously or non-continuously.
(c) Periods of relief of less than 5 working days shall not be counted in the above.
(d) All time acting in a higher grade position, except when less than 5 continuous working days, shall be recognised for determining the appropriate salary when promoted to that grade.
(e) If a staff member acts in a position more than one grade above his or her position the period of relief will only be recognised in determining the appropriate salary when promoted to the grade immediately above them.
(f) Public holidays falling within the period of relief shall be paid at the higher rate provided the staff member works in the higher grade on the day before and after the public holiday.
5.6 Salary and grade appeals
(a) Staff may apply to the RTA, through their Branch/Section Manager, for an:
(i) increase in salary in excess of the rate of salary provided in this Award;
(ii) alteration in the grade to which the staff member is appointed.
(b) Staff may appeal to the RTA if they are dissatisfied with a decision of the RTA:
(i) in respect of the staff member’s salary or grade;
(ii) in respect of any other matter under the Government and Related Employees Appeal Tribunal Act 1989, as amended (Part 3, Division 1, Promotion Appeals, or Part 3, Division 2, Disciplinary Appeals)
do not exercise their rights before the Government and Related Employees Appeal Tribunal, by forwarding a Notice of Appeal to the RTA within 30 days of being advised of the decision to be appealed. The Notice will set out the grounds for appeal.
(c) The RTA will hear the appeal and allow the staff member to either:
(i) attend the appeal and present the case; or
(ii) arrange for their representative to present the case.

5.7 Allowances and expenses


5.7.1 Meals on journeys that do not require overnight accommodation
(a) Staff who travel on official business and who do not need to stay temporarily at a place other than their home, will be paid an allowance of $22.50 for:
(i) breakfast - when the RTA requires them to start travelling at or before 7.00am and return after 9.00am;
(ii) an evening meal - when the RTA requires them to travel before 6.30pm and return is after 6.30pm;
(iii) lunch - when, due to the journey, travel commences before 1pm and return is after 2pm.
(b) The allowances will not be paid to staff unless:
(i) travel is outside their headquarters in the Sydney, Newcastle, Wollongong transport districts;
(ii) other staff travel at least 25 km from their headquarters.
(c) A meal allowance of $22.50 will be paid when:
(i) on the first day a staff member transfers from one work location to another more than 25 km from their headquarters in the same Transport District Headquarters;
(ii) a staff member attends an evening meeting at a location in the same Transport District 25 km from their headquarters.
(d) The hours referred to above shall read one hour earlier in respect of staff working at offices or depots which start work at 6.00am.
5.7.2 Meals on overtime
(a) A meal allowance of $22.50 will be paid when working overtime:
(i) for longer than one and half hours;
(ii) for working each additional four hours.
(b) When recalled to work a meal allowance will be paid:
(i) after working four hours;
(ii) after each additional four hours worked.
(c) When recalled to work overtime, a crib time of 20 minutes without loss of pay will be allowed for each four hours worked if work continues after the break.
5.7.3 Private motor vehicle allowances
(a) If staff do not wish to use their private motor vehicles for RTA business, under no circumstances can they be required to do so.
(b) Staff may use their private motor vehicle on official RTA business only if:
(i) there is no RTA vehicle, or public or other transport available;

(ii) the use of the private motor vehicle is essential for the economic performance of the staff member’s duties; and


(iii) the use is authorised in advance.
(c) Staff will be paid the:
(i) RTA business rate for use of a private vehicle on RTA business;
(ii) Specified journey rate.
1. for use of private vehicle for transport to a temporary work location;
2. for the approved use of a private vehicle on RTA business when a RTA vehicle or public transport is available, but the staff member chooses and prior approval is given to use the private vehicle.
(d) The rates of motor vehicle allowances will be published separately by the RTA.
(e) If staff are entitled to the cost of rail travel, but choose to use their private motor vehicle, they will be reimbursed the equivalent cost of the rail fares (including sleepers where appropriate).
5.7.4 Residential course allowances
Staff who attend residential courses are entitled to allowances.
5.7.5 Lodging and travelling allowances
(a) If the RTA requires staff to journey away from their headquarters and stay overnight at a place other than home, they are eligible for the prescribed rate and allowances for travel and lodging expenses.
(b) If expenses exceed the prescribed rate, reasonable and actual expenses plus an incidental daily expense rate may be paid.
(c) Full expenses shall be paid in all cases irrespective of claims made.
5.7.6 Fares to temporary work location
Staff who take up duty temporarily at a location different than their regular place of work will receive the amount of any additional fares reasonably incurred in travelling to and from the temporary location.
5.7.7 Location expenses
(a) Staff shall not have their headquarters changed when it is known they will be relocated for less than six months unless they are surplus and have to be absorbed.
(b) Staff who are relocated to new headquarters are entitled to reimbursement for necessary costs actually incurred in relocating themselves, their dependants and their household to the new headquarters. Unless approved by an RTA Director, this does not apply to staff who relocate:
(i) at their own request within two years of starting duty at their previous headquarters;
(ii) to a new headquarters within 34km of their previous headquarters;
(iii) due to official misconduct;
(iv) at their own request because of ill health or other hardship.
(c) The reimbursement of actual and necessary relocation costs will include:
(i) travel and temporary accommodation on relocation;
(ii) temporary accommodation at the new headquarters;
(iii) removal or storage of furniture and effects;
(iv) conveyancing costs for the sale of the residence at the former location where a new residence or land for a residence is purchased at the new location;
(v) rental subsidy for increased rental costs at the new location;
(vi) education costs for dependent children;
(vii) relocation costs on a staff member's retirement;
(viii) relocation costs for a staff member's spouse and/or dependant on the death of a staff member (to the point of recruitment or equivalent).
5.8 Provision of tools
The salary rates of Traffic Signals staff in Part B takes into account that the tools listed below are provided and adequately maintained by such staff:


Centre punch

Diagonal cutting nippers (insulated, 150mm)

Measuring tape (3m)

Allen keys, metric

Hacksaw

Insulated screwdriver (Phillips No 2, 100mm)

Ball pien hammer (250g)

Screwdriver (Phillips No 0, 75mm)

Multigrips or vise-grip

Insulated screwdriver (Square, 250x10mm)

Knife (Stanley)

Screwdriver (Square, 200 x 8mm)

Universal adjustable wire stripper

Screwdriver (Square, 130 x 6mm)

Combination pliers (insulated)

Screwdriver (Square, 100 x 3mm)

Long-nose pliers (insulated, 150mm)

Shifting spanner (100mm)




Shifting spanner (200mm)

5.9 Compensatory travel leave and payments


(a) Staff are entitled to claim ordinary time payment or compensatory leave (if the RTA approves) when the RTA directs them to travel in connection with official business:
(i) to and/or from somewhere other than their normal headquarters;
(ii) outside normal working hours.
(b) Staff travelling on a day where they are not required to work may claim for time spent in travelling after 7.30am.
(c) Staff travelling on a day where they are required to work may claim for time spent travelling before the normal start time or after the normal finishing time, provided that:
(i) the normal time for the trip from home to headquarters and return is deducted from travelling time;
(ii) periods of less than ¼ hour on any day are disregarded;

(iii) travelling time does not include any travel between 11.00pm on one day and 7.30am on the following day when staff have travelled overnight and accommodation has been provided;


(iv) travelling time is calculated on the basis of reasonable use of the most practical and economical means of transport;
(v) travelling time does not include travelling for a permanent transfer which:
1. has increased salary;
2. is for disciplinary reasons;
3. is made at the staff member's request.
(vi) travelling time does not include travel by ship on which meals and accommodation are provided.
(d) Staff are entitled to claim waiting time as follows:
(i) Where no overnight stay is involved:
1. one hour shall be deducted from the time of arrival and the commencement of work;
2. one hour shall be deducted from the time of ceasing work and the time of departure for home, headquarters or another work centre.
(ii) Where overnight accommodation is provided:
1. Any time from the completion of arrival until the time of departure shall not count as travelling time unless:
- work is performed on the day of departure

- waiting time less one hour shall be allowed.


2. Where no work is done on the day of departure waiting time less one hour after normal starting time until time of departure shall be allowed.
6. Leave
6.1 Public holidays
(a) This section covers the following gazetted public holidays:
New Year’s Day

Australia Day

Good Friday

Easter Saturday

Easter Monday

Anzac Day

Queen’s Birthday

Labour Day

Christmas Day

Boxing Day

Proclaimed State public holidays
Proclaimed local public holidays do not qualify.

(b) If the holiday falls on a weekend, no additional payment will be made unless the RTA requires staff to work on that day. For further details, refer to Section 4.4, Shiftwork, and Section 5.4, Overtime.


6.1.1 Local public holidays
(a) Staff in country areas may observe up to two local public holidays (or four half days) each year. This applies regardless of whether the local public holidays are:
(i) proclaimed (gazetted);
(ii) locally agreed.
(b) Recreation leave, study leave and flexible leave may be taken in conjunction with local public holidays.
6.1.2 Public service holiday
(a) Staff observe the Union Picnic Day instead of the Public Service Holiday.
(b) Staff are entitled to a day's leave with pay on the first Monday in December to attend an annual union picnic. If they are required to work on that day they will be granted a leave day in lieu.
6.2 Recreation leave
(a) Recreation leave accrues at 1 2/3 days for each completed month of service, up to a maximum of 20 working days per year.
(b) Leave is granted at the discretion of the RTA.
(c) The minimum period of leave that may be claimed is one hour. Any leave claimed in excess of one hour is to be claimed to the nearest one minute.
(d) Staff employed on seven day continuous shift basis will accrue recreation leave of 2 1/12 days for each completed month to a maximum of 25 days.
(e) Subject to paragraph (ga) of subclause 6.12 - Family and Community Service Leave, staff shall wherever practicable, take their annual leave within six months of it becoming due.
(f) Subject to paragraph (ga) of subclause 6.12 - Family and Community Service Leave, the RTA may direct staff to take leave for which they are eligible, provided that:
(i) the RTA gives the staff member at least four weeks’ notice of the starting date of the leave;
(ii) as far as practicable, the RTA takes the staff member’s wishes into account when fixing the time for the leave.
6.3 Long Service Leave
6.3.1 General
(a) The entitlement to long service leave is set by the Transport Administration Act 1988 (NSW).

(b) Staff who have completed 10 years' service recognised by the RTA, are entitled to long service leave of:


(i) 44 working days at full pay; or
(ii) 88 working days at half pay; or
(iii) 22 working days at double pay.
(c) For each additional calendar year of service completed in excess of 10 years, staff accrue 11 working days' long service leave.
(d) From 1 January 2005, staff who have completed at least 7 years' continuous service with the RTA, or as recognised in accordance with paragraphs (g) and (h) below, are entitled to access the long service leave accrual indicated in b) above on a pro rata basis of 4.4 working days per completed year of service.
(e) Staff who are employed part-time are entitled to long service leave on the same basis as that applying to full-time staff but payment for the leave is calculated on a pro rata basis.
(f) Staff who are employed as shift workers are debited the number of working days that fall during the period of leave, which may include a Saturday or Sunday that forms a part of the ordinary roster.
(g) All previous full-time and part-time service with the RTA, the former Department of Main Roads, Department of Motor Transport or the Traffic Authority are to be taken into account as service when determining the appropriate rate of accrual of long service leave for staff employed on a full-time or part-time basis with the RTA.
(h) Permanent service with other NSW government bodies will also be recognised by the RTA in accordance with the Transferred Officers Extended Leave Act 1961 (NSW).
(i) Nothing in paragraphs (g) or (h) above entitles staff to payment for previous service recognised, where the accrual for that service has previously been taken as long service leave or paid out on termination.
6.3.2 Effect of approved Leave Without Pay (LWOP) on Long Service Leave Entitlements.
(a) To determine if staff have completed the required 10 years of service:
(i) any period of approved leave taken without pay before 13 December 1963 counts as service to determine whether or not staff have completed 10 years of service;
(ii) any period of approved leave taken without pay after 13 December 1963 does not count towards the 10 years of service.
(b) Where staff have completed 10 years' continuous service with the RTA, or as recognised in accordance with paragraphs 6.3.1 (g) and (h) above, approved LWOP for the reasons listed below counts as service for long service leave accrual:
(i) military service (e.g. Army, Navy or Air Force);
(ii) major interruptions to public transport;
(iii) periods of leave accepted as workers compensation.
(c) For staff who have completed 10 years continuous service, or as recognised in accordance with paragraphs 6.3.1 (g) and (h) above, any period of approved leave without pay not exceeding 6 months counts for the purpose of calculating length of service.

6.3.3 Taking of long service leave


(a) Subject to RTA approval, staff may take long service leave:
(i) at a time convenient to the RTA;
(ii) for a minimum period of one hour;
(iii) at full pay, half pay or double pay.
(b) If staff take leave at double pay:
(i) the long service leave balance is debited the actual number of working days/hours of leave at full pay, plus the equivalent number of working days/hours at full pay necessary to make up the additional payment;
(ii) the additional payment is made to staff as a taxed, non-superable allowance;
(iii) all leave entitlements will accrue based on the actual number of working days/hours absent from work on long service leave.
(c) If staff take leave at half pay:
(i) the long service leave balance will be debited at the rate of half the days/hours taken as long service leave;
(ii) recreation leave entitlements will accrue at half the ordinary rate for the days/hours absent from work;
(iii) all other entitlements will accrue based on the actual number of working days/hours absent from work on long service leave.
(d) For staff whose ordinary hours of work are constant, payment is made at the current rate of pay.
(e) For part-time staff whose ordinary hours are not constant, payment is made based on the substantive rate of pay averaged over:
(i) the past 12 months; or
(ii) the past 5 years
whichever is the greater.
(f) Payment includes all allowances in the nature of salary but does not include any amounts normally paid for shift work, overtime or penalty rates.
(g) Payments will be increased to reflect any increment action that staff become eligible for while absent on long service leave.
(h) Staff who take long service leave while in service may choose to be paid fortnightly or in one lump sum in advance of taking leave.
6.3.4 Sick leave while on long service leave
(a) Staff are only entitled to claim sick leave that occurs during an absence on long service leave when sick for five or more consecutive working days.
(b) To claim sick leave, staff must provide a medical certificate for the period claimed as soon as possible.
(c) If sick leave is approved, the long service leave balance is re-credited with:
(i) the equivalent period of sick leave if taking leave on a full or half pay basis; or
(ii) the equivalent period of sick leave and the extra amount of long service leave entitlement accessed to make up the double pay allowance if taking leave on a double pay basis.
(d) If long service leave is taken at double pay, the RTA will recoup any allowance already paid for the period being claimed as sick leave.
(e) The above apply if staff take long service leave prior to retirement but not long service leave prior to resignation or termination of services.
6.3.5 Public holidays while on long service leave
(a) Public holidays that fall while staff are absent on long service leave are not recognised as long service leave and are not deducted from the long service leave balance.
(b) Payment for a public holiday is calculated on the ordinary hours of work and paid at single time even if staff have chosen to take long service leave at half-pay or double pay.
6.3.6 Payment or transfer of long service leave on termination
(a) Staff who are entitled to long service leave on termination of employment, including retirement, are paid the monetary value of the leave as a gratuity, in lieu of taking the leave.
(b) For staff employed on a full-time basis, payment is calculated at the substantive rate of pay on the last day of service.
(c) Staff who have at least five years’ service as an adult but less than seven years’ service, are paid pro rata long service leave if employment is terminated:
(i) by the RTA for any reason other than serious and intentional misconduct; or
(ii) by staff request in writing on account of illness, incapacity or domestic or other pressing necessity.
(d) In the event (c) applying, any period of leave without pay taken does not count as service.
(e) Staff who resign to join another Government Department, and ‘transfer’ as defined by the Transferred Officers Extended Leave Act 1961 (NSW) are entitled to have their long service leave accrual accepted by their new employer.
6.4 Sick leave
(a) Staff are eligible for sick leave where it is established that leave is necessary due to ill health.
(b) Staff are eligible for 15 days, fully accumulative, sick leave in each calendar year subject to compliance with the following, if required by the RTA:
(i) notifications;
(ii) the completion of applications;
(iii) the submission of medical certificates.
(c) Part time staff are entitled to pro rata ordinary sick leave.
(d) Staff are eligible for additional special sick leave if they:
(i) have at least ten years' service recognised by the RTA;
(ii) have been or will be absent for more than three months; and
(iii) have exhausted or will exhaust available paid sick leave.
(e) Staff who are eligible for additional special sick leave may be granted:
(i) one calendar month additional special sick leave for each ten years of service; and
(ii) an additional ten calendar days less all additional special sick leave previously granted.
(f) If any special sick leave is taken during service, the entitlement to special sick leave will be reduced by the amount of special sick leave already taken.
6.5 Maternity leave
(a) Female staff are entitled to maternity leave to enable them to retain their position and return to work within a reasonable time after the birth of their child.
(b) Unpaid maternity leave may be granted on the following basis:
(i) up to nine weeks before the expected date of birth;
(ii) up to 12 months after the actual date of birth.
(c) Permanent staff may be granted paid maternity leave if they have completed at least 40 weeks’ continuous service in the NSW public sector prior to the expected date of birth of their child at the ordinary rate of pay for:
(i) fourteen weeks at full pay; or
(ii) 28 weeks at half pay; or
(iii) a combination of the two options above.
(d) The equivalent pay for the period of leave can be requested as a lump sum, paid in advance of starting maternity leave.
(e) The lump sum payment will be made up to the maximum period indicated or for the period of leave actually taken, whichever is the lesser.
(f) Staff who choose to take paid maternity leave as a lump sum and request to return to work before the period of leave is completed, must repay the remainder of the lump sum amount.
(g) Staff who receive payment under this clause are not entitled to any payment under clause 6.7. Parental Leave.
(h) Where staff are on one form of leave and their child is born before the expected date of birth, maternity leave commences from the date of birth of the child.

6.6 Adoption leave


(a) Staff are entitled to adoption leave if they are the person who assumes the primary role in providing care and attention to the child.
(b) Adoption leave starts from the date of taking custody of the child.
(c) Unpaid adoption leave is available to all permanent staff and may be taken as:
(i) short adoption leave, being three weeks on leave without pay;
(ii) extended adoption leave up to 12 months on leave without pay including any short or paid adoption leave.
(d) Paid adoption leave may be granted to permanent staff who have completed at least 40 weeks’ continuous service in the NSW public sector prior to taking custody, at the ordinary rate of pay for:
(i) fourteen weeks; or
(ii) 28 weeks at half pay; or
(iii) a combination of the two options above.
(e) The equivalent pay for the period of leave can be requested, as a lump sum, paid in advance of starting adoption leave.
(f) Payment will be made up to the maximum period indicated or for the period of leave actually taken, whichever is the lesser.
(g) Staff who choose to take paid adoption leave as a lump sum and request to return to work before the period of leave is completed must repay the remainder of the lump sum amount.
(h) Staff who receive payment under this clause are not entitled to any payment under clause 6.7. Parental Leave.
(i) Where both partners are employed in the public sector, adoption leave will only be granted to one partner for each adoption.
6.7 Parental Leave
(a) Staff who are not entitled to maternity or adoption leave may be entitled to unpaid parental leave to enable them, as a parent, to share in the responsibility of caring for their child or children.
(b) Staff employed on a full-time or part-time basis who have completed at least 40 weeks continuous service in the NSW public sector, are entitled to paid parental leave of:
(i) one week at full ordinary pay; or
(ii) two weeks at half ordinary pay
with the remainder of the requested leave being unpaid leave.
(c) Unless otherwise agreed, the entitlement to paid parental leave will be paid at full ordinary pay for the first five days of approved leave as set out in (b).

(d) Parental leave approved by the RTA may be taken as:


(i) short parental leave for an unbroken period of up to five working days at the time of the birth or other termination of their spouse’s or partner’s pregnancy or, in the case of adoption, from the date of taking custody of their child or children;
(ii) extended parental leave for a period not exceeding 12 months, less any paid or short parental leave already taken as outlined above.
(e) Extended parental leave may commence at any time within two years from the date of birth of the child or the date of placement of the adopted child and leave may be taken:
(i) full-time for a period not exceeding 12 months; or
(ii) part-time over a period not exceeding two years; or
(iii) partly full-time and partly part-time over a proportionate period of up to two years.
6.7A Communication during Maternity, Adoption and Parental Leave
(a) Where an employee is on maternity, adoption or parental leave and a definite decision has been made to introduce significant change at the workplace, the RTA shall take reasonable steps to:
(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing maternity, adoption or parental leave;
(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing maternity, adoption or parental leave.
(b) The employee shall take reasonable steps to inform the RTA about any significant matter that will affect the employee’s decision regarding the duration of maternity, adoption or parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.
(c) The employee shall also notify the RTA of changes of address or other contact details which might affect the RTA’s capacity to comply with paragraph (a).
6.7B Rights of request during Maternity, Adoption or Parental Leave
(a) An employee entitled to maternity, adoption or parental leave may request that the RTA allow the employee:
(i) to extend the period of unpaid maternity, adoption or parental leave for a further continuous period of leave not exceeding 12 months;
(ii) to return from a period of maternity, adoption or parental leave on a part-time basis until the child reaches school age;
to assist the employee in reconciling work and parental responsibilities.
(b) The RTA shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may refuse the request only on reasonable grounds related to the effect on the workplace or the RTA’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

(c) The employee’s request and the RTA decision in writing.


The employee’s request and the RTA’s decision made under paragraph (a) must be recorded in writing.
(d) Request to return to work part-time
Where an employee wishes to make a request under paragraph (a), dot point 2, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from maternity, adoption or parental leave.
6.8 Study leave
(a) Staff are entitled to paid study leave if they are studying a course which:
(i) is appropriate to their present classification; or
(ii) provides progression or reclassification opportunities relevant to the RTA.
(b) Study leave will be granted on the following basis:
(i) face-to-face students:
1. half an hour for every hour of lectures, up to a maximum of four hours per week; or
2. 20 days per academic year, whichever is the lesser.
(ii) correspondence students:
1. half an hour for every hour of lecture attendance involved in the corresponding face-to-face course, up to a maximum of four hours per week; or
2. 20 days per academic year, whichever is the lesser.
6.8.1 Examination and pre-examination leave
(a) To assist staff attempting final examinations in courses for which study leave has been approved and to free them from work immediately prior to an examination, staff will be given a maximum of:
(i) five days' paid examination leave per calendar year for time occupied in travelling to and from and attending the examination;
(ii) half a day for pre-examination leave on the day of examination, up to a maximum of five days per calendar year.
6.9 Military leave
(a) Staff who are part-time members of naval, military (including 21st Construction Regiment) or air force reserves will be eligible for military leave each 12 months commencing 1 July on the following basis:
(i) Military forces:
14 calendar days annual training;
14 calendar days instruction school, class or course.
(ii) Naval forces:
13 calendar days annual training;
13 calendar days instruction school, class or course.
(iii) Air force:
16 calendar days annual training;
16 calendar days instruction school, class or course.
(iv) an additional grant of up to four calendar days for additional obligatory training.
6.10 Special leave
(a) Staff will be granted special leave for jury service.
(b) In accordance with Human Resources Policy 8.14, Special Leave, staff may also be granted paid special leave for certain activities which are not regarded as being on duty and which are not covered by other forms of leave. Activities may include:
(i) transfer
(ii) as a witness when called or subpoenaed by the Crown
(iii) emergency volunteers
(iv) emergency or weather conditions
(v) trade union activities/training
(vi) ex-armed services personnel: Medical Review Board etc.
(vii) National Aborigines' Day
(viii) miscellaneous:
- graduation ceremonies
- returning officer
- local government - holding official office
- superannuation seminars
- naturalisation
- bone marrow donors
- exchange awards - Rotary or Lions
- professional or learned societies
6.11 Leave without pay
Staff may be granted a maximum of three years’ leave without pay. Leave without pay is calculated in calendar days.
6.12 Family and community service leave
(a) Staff may be granted family and community service leave:
(i) for reasons related to the family responsibilities of the staff member; or
(ii) for reasons related to the performance of community service by the staff member; or
(iii) in a case of pressing necessity.
(b) The maximum amount of family and community service leave payable at ordinary rates that may be granted to a staff member is:

(i) in the first 12 months of service - 19 hours for staff working a 38 hour week; or


(ii) after completion of 12 months' service - in any period of two years, 38 hours after the first year of service; or
(iii) 7.6 hours for each completed year of service after 2 years’ continuous service, less any family and community service leave and short leave already taken by the staff member, whichever is the greater.
(c) Family and community service leave is available to part-time staff on a prorata basis, based on the number of hours worked.
(d) Where family and community service leave has been exhausted, additional paid family and community service leave of up to 3 days may be granted on a discrete, ‘per occasion’ basis to a staff member to cover the period necessary to arrange or attend the funeral of a family member or relative.
(e) For the purposes of this subclause, ‘family’ means a staff member’s:
spouse;
de facto spouse, being a person of the opposite sex who lives in the same house as their husband or wife on a bona fide basis, although they are not legally married;
child or adult child (including an adopted child, step child, foster child or ex-nuptial child);
parent (including a foster parent or legal guardian);
grandparent or grandchild;
sibling (including the sibling of a spouse or de facto spouse);
same sex partner who they live with as a de facto partner on a bona fide domestic basis; or
relative who is a member of the same household where, for the purposes of this definition:
'relative' means a person related by blood, marriage, affinity or Aboriginal kinship structures;
'affinity' means a relationship that one spouse or partner has to the relatives of another; and
'household' means a family group living in the same domestic dwelling.
(f) Subject to approval, accrued sick leave may be accessed when family and community service leave has been exhausted, to allow staff to provide short-term care or support for a family member who is ill.

(g) Access to other forms of leave is available to staff for reasons related to family responsibilities or community service, subject to approval. These include: accrued recreation leave, leave without pay, time off in lieu of payment for overtime and make up time.


(ga) Other forms of leave and carer's responsibilities
A staff member may elect, with the RTA’s agreement, to take annual leave at any time within a period of 24 months from the date at which it falls due.
(h) Depending on the circumstances, an individual form of leave, or a combination of leave options may be taken. It is the RTA’s intention that each request for family and community service leave be considered equitably and fairly.
(i) A staff member appointed to the RTA who has had immediate previous employment in the NSW Public Sector may transfer their family and community service leave accruals from the previous employer.
7. Other Conditions
7.1 Deduction of Union Membership Fees
(a) The ETU shall provide the RTA with a schedule setting out union fortnightly membership fees payable by members of the ETU in accordance with the ETU’s rules.
(b) The ETU shall advise the RTA of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of union fortnightly membership fees payable shall be provided to the RTA at least one month in advance of the variation taking effect.
(c) Subject to (a) and (b) above, the RTA shall deduct union fortnightly membership fees from the pay of any employee who is a member of the ETU in accordance with the ETU's rules, provided that the employee has authorised the RTA to make such deductions.
(d) Monies so deducted from employees’ pay shall be forwarded regularly to the ETU together with all necessary information to enable the ETU to reconcile and credit subscriptions to employees' union membership accounts.
(e) Unless other arrangements are agreed to by the RTA and the ETU, all union membership fees shall be deducted on a fortnightly basis.
(f) Where an employee has already authorised the deduction of union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.
7.2 Grievance resolution and dispute settlement
7.2.1 Grievance resolution
(a) A grievance is defined as a personal complaint or difficulty. A grievance may:
(i) relate to a perceived denial of an entitlement;
(ii) relate to a perceived lack of training opportunities;
(iii) involve a suspected discrimination or harassment.
(b) The RTA has grievance resolution policy, guidelines and procedures which should be observed when grievances arise because of this Award.
(c) The policy, guidelines and procedures are detailed in Appendix C.
(d) While the policy, guidelines and procedures are being followed, normal work will continue.
7.2.2 Dispute settlement
(a) A dispute is defined as a complaint or difficulty which affects more than one staff member. A dispute may relate to a change in the working conditions of a group of staff which is perceived to have negative implications for those staff.
(b) It is essential that management and the ETU consult on all issues of mutual interest and concern, not only those issues that are considered likely to result in a dispute.
(c) Failure to consult on all issues of mutual interest and concern to management and the ETU is contrary to the intention of these procedures.
1. If a dispute arises in a particular work location which cannot be resolved between a staff member or their representative and the supervising staff, the dispute must be referred to the RTA's Manager of the Industrial Relations Section or another nominated officer who will then arrange for the issue to be discussed with the ETU.
2. If the issue cannot be resolved at this level, the issue must be referred to senior management.
3. If the issue cannot be resolved at this level, the issue must be referred to the Industrial Relations Commission of New South Wales.
4. While these procedures are continuing, no work stoppage or any other form of work limitation shall occur and the status quo existing prior to the dispute shall remain.
5. The ETU reserves the right to vary this procedure where a safety factor is involved.
7.2.3 Disputes relating to OH&S
(a) The RTA and Traffic Signals Staff are committed to the Occupational Health and Safety Act 2000 and other relevant statutory requirements at all times.
(b) When an OH&S risk is identified or a genuine safety factor is the source of dispute:
1. staff have a duty to notify the RTA of the risk through their Occupational Health and Safety Committee and to allow the RTA a reasonable amount of time to respond;
2. the RTA has a duty to address the issue identified and report on the issue within a reasonable timeframe.
(c) the notification to WorkCover without allowing the RTA a reasonable amount of time to respond to the issue is a breach of the legislative provisions.
(d) The RTA respects the right of staff to refuse to continue work owing to a genuine safety issue.
(e) The unions and wages staff acknowledge that the creation of an industrial dispute over an OH&S matter that is not legitimate is a breach under s.25 of the Occupational Health and Safety Act.

7.3 Anti-Discrimination


(a) It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(b) 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 the effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provisions of the award, which by its terms or operation, has a direct or indirect discriminatory effect.
(c) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in this clause is to be taken to effect:
1. Any conduct or act which is specifically exempted from anti-discrimination legislation;
2. Offering or providing junior rates of pay to persons under 21 years of age;
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;
4. A party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.
(e) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
NOTES
(1) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(2) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects .... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
This award is made on the understanding that the salaries and conditions existing for employees at the date on which this award takes effect shall not be reduced merely as a consequence of the coming into operation of this award.
8. Leave Reserved
Leave is reserved for the parties to discuss the operation and quantum of the on call allowance during the life of this Award.

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