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Review of S.A. Local Government Awards held in the state system to

transition to a federal award system

1/2/2014

Robert Wallace BBL, Rachael Scott BA

ECM 589766 Page 1 of 22

Acknowledgements

The “Transition Plan in the event of Local Government moving from the State to

Federal Industrial Relations System” project was conducted by the Local

Government Association (LGA) of South Australia with funding from the Local

Government Research and Development Scheme.

The LGA would like to acknowledge the team of people responsible for the conduct

of the project.

Robert Wallace, LGA, Industrial Relations Advisor who had overall responsibility for

the guidance, management and coordination of the project.

Rachael Scott, consultant, who undertook some of the consultation, information

gathering, surveying and final reporting

Introduction

It is anticipated there is the likelihood of a transition of our current state based

Local Government award system to a federal award system in the near future.

This review will provide a transitional framework, which includes summary sheets

of the Classification Structure, and any other relevant clauses; such as Hours of

Work & Penalty Rates, from both the Local Government Employees (LGE)

Award and the South Australian Municipal Salaried Officers (SAMSO) Award

to the Federal Local Government Industry Award (LGIA) to assist Local

Councils in their assessment and deliberations should a transition to a federal

award system occur.

Attached are the following summary sheets;

1. LGIA Award Summary Sheet – which is a summary of the Classification

Structure of the Federal Local Government Industry Award.

2. SAMSO General & Senior Officers Classification Criteria - which both

summarises the SAMSO award classification structure and makes

suggestions as to the appropriate transition to the LGIA classification

structure for further consideration.

3. Municipal Employees Classification Structure Criteria – which both

summarises the LGE award classification structure and makes suggestions as

to the appropriate transition to the LGIA classification structure for further

consideration.

4. Hours of Work & Penalty Rates Comparison sheet – which summarises

all three (3) awards for a quicker comparison of Hours of Work, Work

Breaks, Overtime, Penalty Rates, Call Out clauses & so on.

ECM 589766 Page 2 of 22

Recommendations

There are significant differences in the underpinning Awards in the state system

compared to the Local Government Industry Award in the federal system. While

the Federal Award provides more flexibility in the hours of work and other

conditions, the pay levels are higher for University qualified or Trades people and

supervisory allowances are also higher in the federal system.

Enterprise bargaining, and or, Industry bargaining is considered the most effective

method of ensuring there are no significant impacts on Councils should Local

Government in South Australia become „National Employers‟.

Wherever possible, Agreements need to be comprehensive in relation to the

classification structure, pay rates and hours of work to ensure a smooth transition

across.

ECM 589766 Page 3 of 22

ATTACHMENT 1

LGIA Award Summary Sheet

Level 6 –

Administrative Employees,

Technical Employees, &

Trades Employees with duties & responsibilities > level 5

Level 1 –

Entry level - Operational Employees only, with;

Minimal experience, qualifications

Level 7 –

Specialist Technical* Employees with duties & responsibilities > level 6

Entry Level – Graduate Professional Employees

Level 2 –

Operational Employees with duties & responsibilities > level 1 & with;

Experience in LG or

equivalent

Level 8 –

Specialist Employees &/or, Professional Employees, with;

Both Advisory & Project Management responsibilities with duties &

responsibilities > level 7

Employees with a;

Major impact on day-to-day Operations of a;

a) Function, b) Department, or c) Work Area

Level 3 –

Operational Employees with duties & responsibilities > level 2

Entry Level – Administrative

Employees

Level 9 –

Employees with duties & responsibilities > level 8. Includes but not limited to;

Key Specialist in a specific field, with Management function.

Experienced Professionals

Level 4 –

Operational Employees with duties & responsibilities > level 3

Administrative Employees with

duties & responsibilities > level

3

Entry Level – Technical Employees

Entry Level – Trade Level

Employees

Level 10 –

Management Employees with a focus on; a) Operational & b) Strategic objectives

Senior Managers who report to Senior Executive

Officers

Level 5 –

Administrative Employees,

Technical Employees, &

Trades Employees with duties &

responsibilities > level 4

Level 11 –

Management Employees with a focus on; a) Operational & b) Strategic objectives > level 10

Senior Executive Officers, with overall responsibility and accountability for a number of significant functions

ECM 589766 Page 4 of 22

ATTAHCMENT 2 - GENERAL & SENIOR OFFICERS CLASSIFICATION CRITERIA

SAMSO Award Transition to Federal Local Government

Industry Award

Level 1A

Child Care ONLY with introductory qualifications & on-

the-job training which may include induction

Early Childhood Assistants NOT covered by LGIA – refer to

Educational Services (Schools)

General Staff Award (2010)

Early Childhood Teachers

(University qualified) NOT covered

by LGIA – refer to Educational

Services (Teachers) Award (2010)

Level 1

Initiative & Judgement, General Responsibilities –

If NO Local Govt. or other relevant experience.

Operations Employees ONLY

Minimal experience & qualifications Level 1

With experience or other relevant experience Operations Employees ONLY with

experience in LG or equivalent

Level 2

Technical Field –

With experience or technical oversight

Trainee

Entry Level 4

National Training Wage – Ref:

Training and Skills Development

Act 2008

Works Area Level 2 if more manual work and

some administrative – Non Trades

Level 3 Entry level for

Administrative substantive role

Libraries Level 3 Entry level Admin

Level 7 Entry level Graduate

Librarian

Recreation Complex (Aquatic or not) Kiosk worker 1 or 2

Admin level 3 Entry level

Maintenance level 1 or 2

depending on qualifications &

experience.

Swimming Instructor level 4

Local Animal and Plant Board n/a this level ---------------------------------------

“Professional” Field n/a this level ---------------------------------------

Clerical/Secretarial/Administrative Level 3 Entry Level

Child Care Early Childhood Assistants NOT covered by LGIA – refer to







Environmental Services Level 3 if substantive role Admin.

Level 4 Entry level for Technical

Level 7 Entry level for Graduates

Community Services n/a this level ---------------------------------------

ECM 589766 Page 5 of 22


Industry Award

Level 2

Technical Field Level 4 Entry Level

Works Area

Level 4 Entry for qualified trades

with Administrative role

Libraries

Level 3 Entry level Admin


Librarian

Recreation Complex (Aquatic or not)

Kiosk worker 2

Admin level 3 Entry level

Maintenance level 2



“Professional” Field n/a this level ---------------------------------------

Clerical/Secretarial/Administrative Level 3 Entry Level

Child Care








Environmental Services

Level 3 if substantive role Admin.



Community Services Level 3 Entry Level Admin

Level 3


Works Area

Level 4 Entry for qualified trades


Libraries

Level 3 Entry level Admin


Librarian

Recreation Complex (Aquatic or not)

Admin level 3

Maintenance 3


Local Animal and Plant Board Level 3 Entry level – Admin.

“Professional” Field

Level 7 Entry Level for Graduate

Professional.

Clerical/Secretarial/Administrative Level 3

Child Care












Community Services Level 4

ECM 589766 Page 6 of 22


Industry Award

Level 4


Works Area Level 4 Entry for qualified trades


Libraries Level 4 - Admin

Level 7 - Entry level Graduate

Librarian

Recreation Complex (Aquatic or not) Admin level 4

Maintenance level 4 Trade level


Local Animal and Plant Board Level 4 – Admin role

“Professional” Field Level 7 Entry Level for Graduate

Professional.













Level 5

Technical Field Level 5

Works Area Level 5

Libraries Level 5 - Admin


Librarian

Recreation Complex (Aquatic or not) Admin level 5

Maintenance level 5


Local Animal and Plant Board Level 5 – Admin role

“Professional” Field Level 5










Level 5 for Technical



Level 6

ECM 589766 Page 7 of 22


Industry Award


Works Area Level 6

Libraries n/a this level Level 6 - Admin


Librarian

Recreation Complex (Aquatic or not) n/a this level Admin level 6

Maintenance level 6


Local Animal and Plant Board n/a this level Level 6

“Professional” Field Level 7 Entry Level

Clerical/Secretarial/Administrative n/a this level Level 6

Child Care n/a this level Early Child hood Assistants NOT covered by LGIA – refer to



Early Child hood Teachers









Level 7


Works Area Level 7

Libraries n/a this level University Qualified Librarians Entry

Point level 7

Recreation Complex (Aquatic or not) n/a this level Level 7 Specialist Technical

Employee

Local Animal and Plant Board n/a this level ----------------------------------------



Child Care n/a this level Early Childhood Assistants NOT covered by LGIA – refer to







Environmental Services n/a this level Level 7 Entry level for Specialist

Technical


Community Services n/a this level

---------------------------------------

Level 8


Works Area Level 8

Libraries n/a this level Level 8 Qualified Librarian

Recreation Complex (Aquatic or not) n/a this level Level 8 Professional Employee with

Managerial responsibilities &/or

ECM 589766 Page 8 of 22


Industry Award

major impact on day-to-day

operations

Local Animal and Plant Board n/a this level ----------------------------------------



Child Care n/a this level Early Childhood Assistants NOT covered by LGIA – refer to







Environmental Services n/a this level Level 8 for Specialist

Level 8 for Professional


Level 9

Technical Field n/a this level Level 9 Key Specialist with

Management function

Works Area n/a this level Level 9 Key Specialist with

Management function

Libraries n/a this level ---------------------------------------

Recreation Complex (Aquatic or not) n/a this level ---------------------------------------


“Professional” Field Level 9 Experienced Professional

Clerical/Secretarial/Administrative ----------------------------------------

Child Care n/a this level ---------------------------------------

Environmental Services n/a this level Level 9 for Key Specialist

Level 9 for Experienced

Professional


Level 10 SENIOR EMPLOYEES

Technical Field n/a this level Level 10 Management Employees with a focus on operational & strategic objectives Level 10 Senior Managers who report to Senior Executive Officers

Works Area n/a this level Level 10 - Management Employees with a focus on operational & strategic objectives Level 10 - Senior Managers who report to Senior Executive Officers

Libraries n/a this level Level 10 - Management Employees with

a focus on operational & strategic objectives

Level 10 - Senior Managers who report to Senior Executive Officers



“Professional” Field Level 10 - Management Employees with a focus on operational & strategic objectives Level 10 - Senior Managers who report to Senior Executive Officers

ECM 589766 Page 9 of 22


Industry Award

Clerical/Secretarial/Administrative ---------------------------------------


Environmental Services n/a this level Level 10 - Management Employees with

a focus on operational & strategic objectives Level 10 - Senior Managers who report to Senior Executive Officers


Level 11 SENIOR EMPLOYEES

Technical Field n/a this level Level 11 - Management Employees with a focus on operational & Strategic

objectives > level 10 Lev el 11 - Senior Executive Officers, with overall responsibility and accountability for a number of significant functions

Works Area n/a this level Level 11 - Management Employees with

a focus on operational & Strategic objectives > level 10 Lev el 11 - Senior Executive Officers, with overall responsibility and accountability for a number of significant functions

Libraries n/a this level ----------------------------------------



“Professional” Field Level 11 - Management Employees with a focus on operational & Strategic objectives > level 10 Lev el 11 - Senior Executive Officers,

with overall responsibility and accountability for a number of

significant functions

Clerical/Secretarial/Administrative ---------------------------------------


Environmental Services n/a this level


ECM 589766 Page 10 of 22

ATTACHMENT 3 - MUNICIPAL OFFICERS CLASSIFICATION STRUCTURE CRITERIA

ME GRADE 1 Transition to LGIA level

general labouring

use of hand tools (non-powered)

washing / cleaning vehicles

fuel pump attendance

roadside litter clearing

concrete mixing by hand

sweeping

grubbing or chipping weeds

hand weeding

hand pruning (under direct supervision)

watering

raking leaves etc

general tasks about a public camping ground/caravan park

tip employee (in charge of garbage tip)

truck loader

driver (class car)

level 1


tradespersons assistant

crusher feeder

greaser (mechanical equipment)

pipe layer

pipe locater operator

hammer and drill operator

jumper person (boring in stone)

auto scythe operator

air compressor attendant (in charge)

metal, rubble and/or gravel spreading

picking stones and other general labouring work re road/footpath construction and maintenance

scarifying and/or reforming roads or footpaths

scoring

greenkeeping (golf course)

nursery attendant (weeding, mixing soils, watering and staking)

gardener (labouring duties such as site preparation, garden plots

preparation, weeding, sowing etc)

grounds employee (watering, rolling, care of surrounds and assisting other grounds employees)

tree attendant (prunes/lops trees, trims, sprays plants and transplants trees, chainsaw/pruning saws, general tree maintenance)

"Gravely" or similar mower operation

push mower operation

driver (class car)

lower classified tasks if required

level 1


brush-hand

• cemetery attendant

• cleaner

• chainperson

• concrete floating

• cook

• garbage carter's assistant

• handyperson

ECM 589766 Page 11 of 22

• kerb/slab making and laying

• tax and bitumen work

• tool sharpening

• caretaker/porter

• chainsaw operation

• operation of ride-on and self propelled plant such as: 32R ride-on

vibrating roller and other vibrating rollers of AS 2868 - 1986 Class No VR10, Chain trenchers of AS 2868 - 1988 (Class 5 or Class 8). Wheeled Tractors of AS5 2868 - 1986 Class 10W, 15W, or 30W, motor mowers and rotary hoes.

Note: Wheeled tractor operator with attachment using

power/hydraulics off the tractor is ME4)

operation of a variety of hand-held motorised tools such as: quick-cut saw, vibrating plates, rollers (hand guided), wakkers, tampors, concrete mixing machine, jackhammer (pneumatic or electric), chainsaw, posthole auger, whipper-snipper, brush-cutter, rotary hoe,

grass edging machine.

gardening duties such as: pruning, use of herbicides, fungicides etc, planting and transplanting of trees, shrubs, flowers etc, landscaping, rockeries, construction of paths, pergolas etc associated with landscaping.

grounds employee (care, alignment and maintenance of bowling greens and/or turf wickets)

driver (class car)

lower classified tasks as required

level 2


storeperson

• senior chainperson (defined)

• powder monkey

• swimming pool attendant (wage rate includes weekend penalties)

• brick and other paver laying (including setting up and levels)

• concrete finisher

• trench/shaft worker (greater than 6' in depth)

• transfer station attendant (Playford)

• leading worker (defined)

• lower classified tasks as required

Driving community bus driver

driver (class LT)

Plant/Machine back-hoe loader (class 2)

wheeled loader (class 35 WL)

static roller (class 8 - 20)

vibrating roller (class VR 24)

pneumatic multityred roller (class PR 22)

wheeled tractor (class 400W)

level 3


trade level for bricklayer, painter, motor mechanic, plasterer, carpenter/joiner, plumber (other than registered sanitary), horticulture, electrician, welder (1st class)

• irrigation mechanic (defined)

• senior storeperson (defined)

• cemetery curator

• mechanical grave digger

• leader worker (defined)


Driving driver (class HT/LA)

ECM 589766 Page 12 of 22

Plant/Machine excavator and shovel-loader (class 55)

grader operator (class 60)

(ME6 whilst engaged on "construction" grading)

back-hoe loader (class 4)

wheeled loader (class 150WL)

tracked loader (class 40TL)

vibrating loader (class VR55)

pneumatic multityred roller (class PR30)

standard scraper (class 7)

bulldozer (class 30)

level 4


trade level for registered sanitary plumber, signwriter

• senior motor mechanic

• cemetery supervisor

• driver/operator for mechanical grave digger, line marking machine, mechanical road sweeper and weed unit

• leading worker (defined)


Driver driver (class HA)

Plant/Machine excavator and shovel-loader (class 85)

grader operator

(ME7 whilst engaged on "construction" grading)

back-hoe loader (class 5)

wheeled loader (class 250WL)

tracked loader (class 98 TL)


bulldozer (class 150C)

level 5


leader worker (defined)


Plant/Machine excavator and shovel loader (class 470)

grader operator (class 110)


level 6


leading worker (defined)


level 6

Award Comparisons – Hours of Work and Penalty Rates etc. LGIA SAMSO LGE

ECM 589766 Page 0 of 22

Note: This Award operates in conjunction with the National Employment Standards (NES) to phase in any increases or decreases in wages, loadings & penalty rates ref: S.59 to 131, Fair Work Act 2009 (Cth)

Sect 7 Award Flexibility – by way of individual written agreement :

Arrangements for when work is performed;

Overtime rates;

Penalty rates;

Allowances; and

Leave loading.

Clause 5.1.4 Variation to standard week – by agreement with majority employees:

To arrangements to when work is performed to;

19 day p/4 week period

9 day fortnight,

Flexi-time

Any other regular hours arrangement

PROVIDED not more than 38 p/week

Clause 2.1 Enterprise Flexibility – At each enterprise or workplace by consultative mechanism, to include Union. By majority agreement & with formal variation application in industrial Commission. Any variations to Award must be consistent with s79 of the Industrial & Employees Relations Act 1994 Clause 2.2 Multi- Skilling – allows for employees to carry out multiple duties within their limits of skill, competence & training

21 Ordinary Hours of Work- 21.1 Ordinary hours 38 per week

21.2 Days on which ordinary hours can

be worked (a) Mon to Fri – Except for: (b) Mon to Sun – for roles listed here:

aerodromes/airports;

caretakers/hall keepers/caravan park employees;

catering/hospitality;

cleaners;

community services;

customer service centres;

garbage, sanitary and sullage services;

local law enforcement and community safety services;

libraries;

livestock and saleyards;

parking station attendants;

recreation centres/golf courses; and

tourism services. Then for actual ordinary hours worked on w/e, Weekend Penalty Rates apply in accordance with S23.2 (Sat T+50% &

5.1 Ordinary Hours of Work- 5.1.1 Full-time ordinary hours 38 average

per week 5.1.2 Days on which ordinary hours can

be worked

Mon to Fri – Except for Recreation centres Swimming pools Libraries, as

Penalty rates apply per clauses 5.2 (Rec centres/pools) & 5.3 (Libraries) 5.1.3 5 Except as provided in 5.1.2 - max

7.6 hours p/day, over standard 5 day working week, subject to 5.1.4

Variation to standard week 5.1.4.1 By majority agreement variations

to a standard 5 day working week may apply: (a) a 19 day 4 week period; (b) a 9 day fortnight; (c) a system of flexi-time; (d) any other form of structured

and regular hours arrangement,

6.1 Hours of Work 6.1.1. Ordinary Hours of Work 38

per week Span of ordinary hours

Mon to Fri

7am till 6pm

NOT > 7.6 p/day EXCEPT for:

Public Convenience Attendants Mon to Fri – 7am till 6pm Sat - 7am till noon

Town Hall Porters, Caretakers and Watchperson

38 per week By individual agreement

Garbage Tip Works Employees 38 per week By individual agreement IF shift starts after 12 noon

shift premium will be agreed between the employer and the employee.

Garbage Collection Employees Hours may be varied by mutual agreement of majority of employees.


ECM 589766 Page 1 of 22

Sun T+75%) 21.3 Span of Ordinary Hours (a) 6.00 am till 6.00pm – Except for;

(i) Childcare services – 6.00am till 7.00pm;

(ii) Libraries – 8.00am till 9.00pm (iii) 5.00 am till 10.00pm as listed

here –

aerodromes,

airports,

caretakers,

catering,

cleaners,

community services,

garbage,

sanitary and sullage services,

hall keepers,

hospitality,

livestock and saleyards,

local law enforcement

community safety services,

parking station attendants,

recreation centres and

tourism services.

(b) any Ordinary hours worked outside of the above span then Weekday Penalty rates apply in accordance with S23.1 (T+20%)

provided NOT >38 hours per week is worked within the cycle.

5.1.5 Lunch break between 30 and 60 mins each day to be taken between 11.30 am and 2.30 pm.

5.1.6 Paid rest period or tea break

10mins morning and afternoon each day.

Lockmasters (Holdfast Bay Council)

56 hours p/week on continuous duty over 3 day roster. 24 hours on duty, 48 hours off duty.

By following roster: Summer ( 1 October - 31

March) 5.00am 11.30am Active

Duty 11.30am 12.30pm Lunch 12.30pm 9.00pm Active

Duty 9.00pm 5.00am Stand By Winter (1 April - 30

September) 7.00am 11.30am Active

Duty 11.30am 12.30 Lunch 12.30pm 6.00pm Active

Duty

Swimming Pool Attendants over 7 days of the week excluding any public holiday NOT > 38 hours p/week IF emergency a period of duty on any day will be continuous subject only to meal breaks.

Council Community Bus Drivers 38 p/week over 7 days On any 5 or 6 of those days max. 7.6 hour p/day min. 6 hours p/day Hours before 6.30am or after 6.30pm T+15%. Non-cumulative for overtime, Saturday, Sunday or Public Holiday work.

All other conditions relating to hours and penalty rates are prescribed under the South Australian Transport Workers (Passenger Vehicles) Award.

21.4 Arrangement of Hours (a) 38 hour average p/week over 28 days

(not inc. unpaid meal breaks) (b) if accrued RDO falls on P.Hol

(prescribed in NES) substitute for next or other working day by written agreement.

5.1.7 Change to span of hours 5.1.7.1 Change to span of hours by

individual written agreement Where 38hours ordinary time p/week cannot be worked in span of hours in clause 5.1.2, appropriate standard penalties as prescribed by clause 5.2 to

6.1.3 Early Starts/Late Finishes (Ordinary Time) Penalty Rates Penalty Rates for work on Mon to Fri, outside normal span:

Shift start between 5am & 7am - T+15% all time worked before 7am.

Shift start between 4am & 5am -


ECM 589766 Page 2 of 22

21.5 Max. ordinary hours p/day

Up to 10 ordinary hours any/day/shift (not inc. unpaid meal breaks); OR

Up to a max. of 12 ordinary hours any/day/shift by individual agreement.

21.7 Flexible working arrangements

By individual agreement can include;

o Flexitime; o Banked hours; o Make-up time o Accrued days off; o Rostered days off; &/or

Seasonal working arrangements

apply unless other benefits/penalties agreed .

EXCEPT for employees engaged in

Recreation Centres, Swimming Pools and Libraries.

all time worked prior to 7am T+ 25%.

Shift finish between 6pm & 8pm - T+15% all time worked after 6pm.

Shift finish between 8pm & 9pm -T+25% all time worked after 6.00pm.

EXCEPT where by consultation agreement reached to either make the additional payment or adjust the daily/weekly working hours of the employee(s), having regard to the penalties prescribed herein.

Any time worked prior to 4am or after 9pm paid at the normal overtime rates.

Except for: Swimming Pool Attendants or garbage collection employees whose working arrangements have been varied by mutual agreement.

15 Allowances 15.1 Meal allowances in relation to

Overtime – (a)> 2 hours O/T worked in a min. of 10

hours on duty $12.00. (b) further 4 hours of continuous O/T,

additional $12.00. (c) Meal allowance NOT payable:

i. 24 hour notice of O/T, OR ii. O/T worked < 2 hours

iii. If meal provided

15.2 Vehicle allowance- (a) Employee’s own vehicle used, then

allowance for each km of authorised travel: i. Motor vehicle - $0.74 p/km

ii. Motorcycle - $0.25 p/km (b) log book may be required 15.3 Tool allowance- Tradespersons and

apprentices (a) Tradesperson or apprentice

tradesperson supply & maintain tools then weekly allowance $17.00.

(b) does NOT apply if, tools provided OR Employee absent from work.

5.2 Penalty Rates On Ordinary Time 5.2.1 Ordinary hours worked prior to

7.30am or after 6.30pm on a Mon to Fri - T+ 15%

5.2.2 Ordinary hours worked Saturdays and Sundays -T+ 50%

5.2.3 Ordinary hours worked public holidays either: (a) T+150%; or (b) T+50% plus paid time off in lieu

equal to the number of hours worked, to be taken at a mutually agreed time.

5.2.4 If regularly rostered over 7 days, including Sundays and public holidays, granted an additional week of annual leave.

5.2.5 if qualify under 5.2.4 shall have all annual leave loading calculated at the rate of 20% instead of 17.5%.

5.2.6 If Saturday and Sunday part of ordinary week, then entitled to 2 consecutive days off during the period Mon to Fri as agreed.

5.2.7 The penalty provisions of this subclause will not apply to supervisory staff.

5.2.8 All time worked in excess of ordinary hours in any one day or > average 38 hours p/week paid as prescribed in clause 5.4

6.1.4 Hours Arrangements (9 Day Fortnight etc.)

Hours Agreements negotiated and agreed between the employer and employees which involve the working of longer daily hours and the taking of accrued time. As follows: 6.1.4.1 By majority mutual

agreement of at least two thirds :

Ordinary hours over a 4.5 days p/ week, or

9 days per 2 week period, or

over 19 days per 4 week period,

provided not >38 ordinary hours p/week, or

not >76 ordinary hours in any 2 week period, or

not > 152 ordinary hours in any 4 week period.

6.1.4.3 Public Holidays and

Bereavement Leave will be allowed for the number of ordinary hours that the employee would normally work on the day at the appropriate total daily rate.


ECM 589766 Page 3 of 22

6.1.4.4 Any arrangement made does not alter or vary the number of hours leave with full pay that an employee would be entitled to; in particular, `day' for the purposes of calculating annual leave and sick leave credit means 7.6 hours and that no employee is entitled to receive more than 152 hours of annual leave per annum or to accrue more than 76 hours of sick leave credit per annum.

6.1.4.5 Annual Leave and paid sick leave is debited as actual time lost.

6.1.4.6 A deduction from wages is made equal to actual time lost for unauthorised absences from duty.

6.1.4.7 By mutual agreement the rostered day off is allowed to accumulate and to be taken at a mutually agreed time. Provided that such accrued days is taken within 12 months from the date of accrual.

6.1.4.8 Where an employee is required to work on a normally rostered day off (and no mutually acceptable arrangements are made to take the time off at some future time) the overtime rates as prescribed in Clause 6.3 will apply.

6.1.4.9 Any disagreement or dispute arising out of the application of 6.1.4 herein will be resolved in accordance with the Dispute Settlement Procedure contained in Clause 3.2.

23 Penalty Rates 23.1 Weekday Penalty Rates Any ordinary hours on Mon to Fri outside of normal span (with ref. to 21.3) paid T+20% 23.2 Weekend Penalty Rates Saturday or Sunday work performed by

5.3 Library Officers 5.3.1 If normal roster on any day Mon to

Fri beyond 5pm shall be paid: (a) for employees paid up to and

including Level 4 increment 3, T+ 15%;

(b) Level 4 increment 4 but not more than Level 6 increment 1, T+15 % loading calculated at Level 4 increment 3

6.2.1 Paid Break (Morning Tea) 15 minute paid morning tea break

6.2.2 Unpaid Break (Afternoon Tea) By majority agreement an afternoon tea break (at a time fixed by the employer) may be taken which is an unpaid break.


ECM 589766 Page 4 of 22

roles specified in 21.2(b) entitled to penalty rates for all ordinary hours:

(a) all ordinary hours worked Sat T+50%.

(b) all ordinary hours worked Sun T+75%

(c) W/E penalty rates for ordinary hours per 23.2(a) & (b) paid for actual time worked on Sat &/or Sun.

23.3 Weekend Penalty Rates –

Recreation Centres & Community Centres

These workers are NOT entitled to W/E penalty rates for ordinary hours worked on Sat or Sun between 5.00 am and 10.00pm.

Any other W/E hours worked penalty rates paid according to 23.2

ordinary time rate of pay; (c) Level 6 increment 2 n/a.

These loadings will only be paid where the work time is continuous other than for meal breaks. 5.3.2 Library employees who are required

to work as part of their ordinary weekly hours:

(a) On Saturday up to noon shall be paid a loading of 25% for such time;

(b) On Saturday after noon, on Sunday or a public holiday shall be paid a loading of 50% for such time.

5.3.3 If required > 38 hours in any week T+50% for all time worked, or time-off in lieu in accordance with clause 5.6.

6.2.3 Meal Break Not > 5 hours without taking an unpaid meal break of at least 30 minutes. In respect of ordinary hours, overtime, and weekend work performed.

24.1 Overtime

all work performed at the direction of the employer:

(a) in excess of the employee’s ordinary weekly hours as specified in clause 21.1;

(b) on days other than ordinary working days as specified in clause 21.2; or

(c) excess of the max ordinary hours on any day provided by clause 21.5.

24.2 Payment for Overtime

(a) paid at T+50% first two hours and T+100% thereafter.

(b) Sunday T+100%.

(c) overtime rates is calculated on ordinary time rate.

(d) each day’s work stands alone.

5.4 Overtime 5.4.1 All work > ordinary hours of duty

per week or, before the ordinary commencing

hour or, after the normal ceasing hour on any

day Mon to Fri T+50% first 3 hours and T+100% thereafter until the

completion of the overtime worked. 5.4.2 Sat before noon T+50% first 3 hours

and T+100% thereafter. 5.4.3 Sun or afternoon on Saturday

T+100%. 5.4.4 Public holiday T+150% for 3 hours

minimum. Except for: 5.4.5 Level 6 increment 1 or above

overtime payments or paid time in lieu calculated at the Level 5 increment 3 salary rate.

6.3 Ordinary Overtime (Monday to Friday)

6.3.1 All time worked in excess of

the ordinary hours of work and/or the span of hours (as established under Clause 6.1) is paid for at the rate of T+50% for the first 2 hours and T+100% thereafter. In computing overtime each day stands alone.

6.3.2 Saturday Overtime (Previously

Advised) 6.3.2.1. Morning

The normal overtime rates shown above in 6.3.1 apply for Saturday morning overtime.

6.3.2.2 Afternoon Saturday afternoon/night overtime is paid at the rate of T+100%.

6.3.2.3 Minimum Period of Payment A min. period of payment for a period of 2 hours applies (at the am/pm rate whichever being relevant).

6.3.3 Sunday Overtime (Previously


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Advised or Call-Outs) 6.3.3.1 All overtime worked on a

Sunday is paid for at the rate of T+100%.

6.3.3.2 A min. period of payment of 3 hours applies for Sunday call-outs or overtime.

24.3 Time off instead of payment for overtime

(a) An employee may elect, with the consent of the employer, to take time off instead of payment for overtime.

(b) Overtime taken as time off during ordinary time hours must be taken at the ordinary time rate, that is an hour off for each hour of overtime worked.

(c) Time off instead of payment for overtime must be taken at a mutually convenient time and within four weeks of the overtime being worked.

(d) Unless otherwise agreed, an employer will provide payment at the appropriate overtime rate for any overtime worked under clause 24.1 where time off has not been taken within four weeks of the overtime being worked.

5.5 Rest Period After Overtime 10 hour break between shifts - if not, start work at later time either without loss of pay to ensure break of at least ten hours; OR T+100% until the employee has received a break of at least ten hours.

6.3.4 Call-Outs 6.3.4.1 Monday to Friday

If recalled to work after the end of a normal shift (whether notified before or after leaving the premises) paid for a min. of 4 hours work at T+50% for each time so recalled. Provided that if required to work for 2 hours or more, will be paid for a min. of 4hours work at T+50% for the first 3 hours and at T+100% thereafter.

6.3.4.2 Saturdays If called out to work on a Saturday, min. of 3 hours work at T+50% for each time called out. Provided that, if required to work for 2 hours or more, will be paid for a min. of 4 hours work calculated at T+50% for the first 3 hours and at T+100% the ordinary prescribed rate thereafter.

6.3.4.3 Overlapping Call-Outs Each call-out stands alone provided however that where an employee is notified of a subsequent call-out prior to returning to his/her place of residence (after performing the first call-out), the total time taken will be treated as a single call-out.

24.4 Rest period after overtime

(a) Wherever reasonably practicable, working hours should be arranged so that an employee has at least 10 consecutive hours off duty between the work on successive days or shifts.

(b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next day that the employee has not had at least 10 consecutive hours off duty between those times must, subject to the other provisions of this clause, be

5.6 Time Off In Lieu Of Overtime By mutual agreement time off may be taken in lieu of overtime payment as follows: 5.6.1 Such time off shall be either:

(a) time equivalent to the amount of overtime worked multiplied by the appropriate penalty rate; or

(b) time equal to the amount of overtime worked together with a payment representing the difference between the normal time rates and the appropriate penalty rate.

6.3.5 Overtime/Meals Associated With Work Breaks

6.3.5.1 Unless overtime <1.5 hours,

before starting overtime & after working ordinary hours, an employee is allowed a paid meal break of 20 minutes at ordinary time.

Variations acceptable by individual agreement provided no payment in respect of any time allowed in excess of 20 minutes.

6.3.5.2 If required to work during meal break to be paid at the appropriate overtime rate until


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released until the employee has had 10 consecutive hours off duty without loss of pay of ordinary hours occurring during such absence.

(c) If on the instructions of the employer, an employee resumes or continues work without having had the 10 consecutive hours off the employee must be paid at the rate of double time until the employee is released from duty for such period. The employee is then entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.

(d) On call, call-back and remote response

Notwithstanding clauses 24.4(a) to (c), this clause will not apply where an employee works for less than three hours on call, call-back or remote response on any one day in accordance with clauses 24.5 or 24.6.

released for the full meal break. 6.3.5.3 When working overtime,

allowed a paid crib time of 20 minutes after each 4 hours of overtime worked if the employee continues work after such crib time.

6.3.5.4 An employee required to work overtime > 1.5hours after working ordinary hours is paid by their employer an amount prescribed by Schedule 6 (Minimum Wage) of this Award, to meet the cost of a meal, or at the option of the employer, will be provided by the employer with and adequate and suitable meal.

24.5 Call-back

(a) For the purposes of this award, an employee will be deemed to be on a call-back if the employee is recalled to work overtime after leaving the employer’s premises or worksite and without receiving prior notice of the requirement to work overtime before ceasing work. Provided that employees will not be deemed to be on call-back where the employee works such overtime continuous with the employee’s ordinary hours.

(b) Any employee who is called back to work will be paid for a minimum of three hours’ work at the appropriate overtime rate for each time so recalled. Provided that any subsequent call-backs occurring within three hours of a call-back will not attract any additional payment. An employee working on a call-back will be paid the appropriate overtime rate from the time that such

5.7 Call Out 5.7.1 If recalled to work, wether notified

before or after leaving premises minimum 3 hours work at the overtime rate.

5.7.2 Where the employee is being paid an availability allowance in accordance with clause 4.4.1, a minimum of two hours work, at the appropriate overtime rate, will be paid for each time he/she is so recalled, provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full two or three hours, as the case may be, if the job he/she was recalled to perform is completed within a shorter period. Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of clause 5.5 when the actual time worked is less than three hours on such recall or on each of such recalls.

5.7.3 This clause shall not apply where the overtime is continuous (subject to a

6.3.6 Rest Period After Performing Overtime

6.3.6.1 A least 8 consecutive hours

off duty between work of successive days.

6.3.6.2 When unable to have 8 hours break between shifts, employees is to be released until they have had 8 consecutive hours off duty without loss of pay for ordinary working time during absence.

IF employee resumes or continues work without having had 8 consecutive hours off duty, to be paid at T+100% until released from duty, then entitled to be absent until having had 8 consecutive hours off duty without loss of pay for ordinary working time during absence.

6.3.7 City Of Holdfast Bay

Lockmasters work in excess of or


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employee departs for work.

(c) Except in the case of unforeseen circumstances arising, the employee will not be required to work the full three hours if the job that the employee was recalled to perform is completed within a shorter period. This clause will not apply in cases where the call-back is continuous subject to a reasonable meal break with the commencement of ordinary hours.

reasonable meal break) with the completion or commencement of ordinary working time.

outside the rostered hours prescribed at the rate of T+100%, each shift's overtime shall stand alone.

T+100% payment continues until the employee has been relieved for at least 8 hours.

6.3.8 City Of Burnside

Swimming Pool Attendants will be paid for all time worked >38 hours on any week at the rate of T+50% for the first 2 hours and T+100% thereafter

24.6 On call

(a) An employee directed by the employer to be available for duty outside of the employee’s ordinary working hours will be on call. An employee on call must be able to be contacted and immediately respond to a request to attend work.

(b) On call allowance

Where the employee is on call, the employee will be paid an on call allowance each day equivalent to:

(i) one hour at the standard rate for an employee on call, Monday to Friday inclusive;

(ii) one and a half hours at the standard rate if required to be on call on a Saturday; or

(iii) two hours at the standard rate if required to be on call on a Sunday or a public holiday.

(c) Call out

An employee who is on call and in receipt of an on call allowance will be paid at the appropriate overtime rate for time required to attend work. Actual time worked will be deemed to apply from the time the employee leaves home.

(d) Remote response

An employee who is in receipt of an on call allowance and available to immediately:

(i) respond to phone calls or messages;

6.4 Weekend Work In Ordinary Time

Ref to 6.1 re: employees who work part of their ordinary hours over the weekend.

6.4.1 Saturday Morning

T+25% loading for time worked prior to noon.

6.4.2 Saturday Afternoon

T+50% loading for time worked after noon.

6.4.3 Sunday Work

T+ 100% loading for time worked.


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(ii) provide advice (‘phone fixes’);

(iii) arrange call out/rosters of other employees; and

(iv) remotely monitor and/or address issues by remote telephone and/or computer access,

will be paid the applicable overtime rate for the time actually taken in dealing with each particular matter.

(e) An employee remotely responding will be required to maintain and provide to the employer a time sheet of the length of time taken in dealing with each matter remotely for each day commencing from the first remote response. The total overtime paid to an employee for all time remotely responding in any day commencing from the first response will be rounded up to the nearest 15 minutes.

24.7 Sleepover allowance

(a) A community service employee who is required to be present at the workplace for any period while on a sleepover shift will be paid 50% of the standard rate for each hour plus the on call allowance provided for in clause 24.6(b).

(b) Time spent while on a sleepover shift will not be regarded as ordinary hours or as time worked for any purpose whatsoever.

(c) Payment of the on call allowance referred to in clause 24.7(a) will be payment for work undertaken by the employee during any continuous period of a sleepover shift unless the work is in excess of either:

(i) one hour; or

(ii) two call outs.

(d) Subject to clause 24.7(c), an employee called out to work will be paid at overtime rates for the period of the call out with a minimum payment of 30 minutes.

(e) A sleepover shift will not exceed 12 hours unless the premises at which the employee is required to remain is the employee’s principal place of residence, in which case the


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employee may be on a sleepover shift for up to 14 hours.

(f) An employee will not be entitled to the sleepover shift allowance prescribed by this clause for any hour in respect of which they are entitled to payment for ordinary hours or overtime.

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