1
Fair Work Act 2009
s.185—Enterprise agreement
Keolis Downer Northern Beaches Pty Ltd
(AG2022/1817)
KDNB SENIOR AND SALARIED OFFICERS’ AGREEMENT 2021
Clerical industry
COMMISSIONER MATHESON SYDNEY, 6 JULY 2022
Application for approval of the KDNB Senior and Salaried Officers’ Agreement 2021.
[1] An application has been made for approval of an enterprise agreement known as the
KDNB Senior and Salaried Officers’ Agreement 2021 (Agreement). The application was made
by Keolis Downer Northern Beaches Pty Ltd (Applicant) pursuant to s.185 of the Fair Work
Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
[2] I observe that certain provisions of the Agreement may be inconsistent with the National
Employment Standards (NES). However, noting clause 5.3 of the Agreement, I am satisfied
that the more beneficial entitlements of the NES will prevail where there is an inconsistency
between the Agreement and the NES.
[3] The Employer has provided written undertakings. A copy of the undertakings is attached
at Annexure A of this decision (Undertakings). The views of each person I know is a
bargaining representative for the Agreement were sought in relation to the Undertakings and
no objections were raised. I am satisfied that the effect of accepting the Undertakings is not
likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
[4] Pursuant to s.190(3) of the Act, I accept the Undertakings.
[5] Subject to the Undertakings, and on the basis of the materials before the Commission, I
am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant
to the application for approval of the Agreement have been met.
[6] The Australian Rail, Tram and Bus Industry Union, the Australian Municipal,
Administrative, Clerical and Services Union and the Association of Professional Engineers,
[2022] FWCA 2241
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2022] FWCA 2241
2
Scientists and Managers, Australia, being bargaining representatives for the Agreement, have
given notice under s.183 of the Act that they want the Agreement to cover them. In accordance
with s.201(2) of the Act, I note that the Agreement covers the organisations.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
13 July 2022. The nominal expiry date of the Agreement is 31 December 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE516558 PR743401
E FAIR F THE FAIR WORK COMME SSION THE SEAL
[2022] FWCA 2241
3
Annexure A
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2022/1817
Applicant:
Keolis Downer Northern Beaches Pty Ltd
Section 185 - Application for approval of a single enterprise agreement
Un dertaking-Section 190
I, Damien North, Group Manager Industrial Relations for Downer EDI Ltd give the
following undertakings with respect to the KDNB Senior and Salaried Officers'
Agreement 2021" ("the Agreement"):
1. I have the authority given to me by Keolis Downer Northern Beaches Ply ltd
to provide this undertaking in relation to the application before the Fair Work
Commission.
2. The Applicant will apply the definition of shift worker at 32.3.2 of the Agreement
for the purposes of the National Employment Standards.
3. Casual employees will have a minimum engagement of three hours.
4. Junior employees will be paid an hourly rate no less than the rate for the
corresponding level contained in the applicable Modem Award.
5. The shift allowances specified in the Agreement will apply on an hourly basis.
The rate specified in Schedule C will apply to all officers other than Senior
Officers
6. Where overtime is worked on Saturdays, Sundays and Public Holidays by
employees who are shift workers and would otherwise be covered by the
Clerks Private Sector Award 2020, a minimum engagement of four hours will
apply.
7. Where overtime is worked by a casual employee who would otherwise be
covered by the Clerks Private Sector Award 2020 classified as Clerk Grade 1
, Year 1 or Clerk Grade 1, Year 2, they will be paid for such overtime at a rate
no less than the rate they would receive were they covered by the Clerks
Private Sector Award 2020.
8. Where a casual employee who would otherwise be covered by the Clerks
Private Sector Award 2020 is required to perform public holiday, weekend or
shift work, they will be paid the casual loading in addition to the applicable
public holiday, weekend or shift loading.
1
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2022/1817 Applicant: Keolis Downer Northern Beaches Pty Ltd Section 185 - Application for approval of a single enterprise agreement Undertaking-Section 190 I, Damien North, Group Manager Industrial Relations for Downer EDI Ltd give the following undertakings with respect to the KDNB Senior and Salaried Officers' Agreement 2021" ("the Agreement"): 1. I have the authority given to me by Keolis Downer Northern Beaches Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission. 2. The Applicant will apply the definition of shift worker at 32.3.2 of the Agreement for the purposes of the National Employment Standards. 3. Casual employees will have a minimum engagement of three hours. 4. Junior employees will be paid an hourly rate no less than the rate for the corresponding level contained in the applicable Modem Award. 5. The shift allowances specified in the Agreement will apply on an hourly basis. The rate specified in Schedule C will apply to all officers other than Senior Officers 6. Where overtime is worked on Saturdays, Sundays and Public Holidays by employees who are shift workers and would otherwise be covered by the Clerks Private Sector Award 2020, a minimum engagement of four hours will apply. 7. Where overtime is worked by a casual employee who would otherwise be covered by the Clerks Private Sector Award 2020 classified as Clerk Grade 1 , Year 1 or Clerk Grade 1, Year 2, they will be paid for such overtime at a rate no less than the rate they would receive were they covered by the Clerks Private Sector Award 2020. 8. Where a casual employee who would otherwise be covered by the Clerks Private Sector Award 2020 is required to perform public holiday, weekend or shift work, they will be paid the casual loading in addition to the applicable public holiday, weekend or shift loading. 1
[2022] FWCA 2241
4
9. Where an employee who would otherwise be covered by the Clerks Private
Sector Award 2020 is required to perfom1 overtime on a Sunday or public
holiday they will have a minimum engagement of four hours.
9. These undertakings are provided on the basis of issues raised by the
Fair Work Commission in the application before the Fair Work Commission.
Signature
5/07/22
Date
9 Where an employee who would otherwise be covered by the Clerks Private Sector Award 2020 is required to perform overtime on a Sunday or public holiday they will have a minimum engagement of four hours. 9. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 5/07/22 Date
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
AGREEMENT
PART 1 - CORE CONDITIONS FOR SENIOR AND SALARIED OFFICERS
SECTION 1A -APPLICATION ANQ OPERATION OF AGREEMENT
1 Tltle
1.1 This Agreement may be cited as the "KDNB Senior and Salaried Officers' Agreement 2021 R (Rthe
Agreemenr).
2 Arrangement
2.1 This Agreement is arranged as follows:
PART 1 - CORE CONDITIONS FOR SENIOR AND SALARIED OFFICERS
SECTION 1A- APPLICATION AND OPERATION OF AGREEMENT
Title ................................ ,,,,,,,,,,, ......................................................................................................................................... 1
2 Arrangement. ..................................................................................................................................................................... 1
3 Facllltatlve Provisions ........................................................................................................................................................ 4
4 Definitions ................................................................................. , ...... : ................................................................................. 4
5 Parties Bound .................................................................................................................................................................... 6
6 Relatlonshlp to Industrial Instruments ............................................................................................................................... 6
7 No Extra Clalms ................................................................................................................................................................. 6
8 Area, Incidence and Duration ............................................................................................................................................ 6
9 Anti-Dlscrlmination ............................................................................................................................................................. 6
SECTION 1 B-WAGES, ALLOWANCES AND RELATED MATTERS ............................................. : ......................................... 8
10 Wage lncreases ........................................................................................... ; ..................................................................... 8
11 Industry Allowance ............................................................................................................................................................ 8
12 Payment of Wages ............................................................................................................................................................ 8
13 Superannuation ................................................................................................................................................................. 8
14 Salary Sacrifice .................................................................................................................................................................. 9
15 Expenses ........................................................................................................................................................................... 9
16 Meal Allowance ............................................................................................................................................................... 10
17 Travelling Allowance ........................................................................................................................................................ 10
18 Relocation Allowance ...................................................................................................................................................... 10
19 Uniform Allowance ........................................................................................................................................................... 11
SECTION 1 C - COMMUNICATION AND DISPUTE RESOLUTION ......................................................................................... 12
20 Consultali9n,,,,, ................................................................................................................................................................ 12
21 Consultative Committee ............................................................................................................ ,. ..................................... 13
22 Dispute Sattlament Procedures ....................................................................................................................................... 14
23 Rights of Union Delagatas .......................................................................................... ,,,,,, ............................................... 15
SECTION 1D- EMPLOYMENT RELATIONSHIP ....... ,,,,,, ........................................................................................................ 16
24 Types of Employment ........................................................................................................................................ ,,, ........... 16
25· Temporary Appointments ................................................................................................................................................ 16
26 Managing Sick Leave Related Absences ................................................................... ,,., ................................................. 16
Page 1 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 AGREEMENT PART 1 - CORE CONDITIONS FOR SENIOR AND SALARIED OFFICERS SECTION 1A - APPLICATION AND OPERATION OF AGREEMENT 1 Title 1.1 This Agreement may be clted as the "KDNB Senior and Salaried Officers' Agreement 2021" ("the Agreement"). 2 Arrangement 2.1 This Agreement is arranged as follows: PART 1 - CORE CONDITIONS FOR SENIOR AND SALARIED OFFICERS SECTION 1A - APPLICATION AND OPERATION OF AGREEMENT 1 Title .... 1 2 Arrangement 1 3 Facilitative Provisions. 4 4 Definitions .. 4 5 Parties Bound. 8 6 Relationship to Industrial Instruments .. 6 7 No Extra Claims ...... 8 Area, Incidence and Duration .. 6 9 Anti-Discrimination ..... .. 6 SECTION 1B - WAGES, ALLOWANCES AND RELATED MATTERS 8 10 Wage Increases. 8 11 Industry Allowance 8 12 Payment of Wages 8 13 Superannuation .. .8 14 Salary Sacrifice. .9 15 Expenses ......... 16 Meal Allowance 10 17 Travelling Allowance ... .. 10 18 Relocation Allowance ... 10 19 Uniform Allowance .. 11 SECTION 1C - COMMUNICATION AND DISPUTE RESOLUTION 12 20 Consultation ...... 12 21 Consultative Committee ... 13 22 Dispute Settlement Procedures ... 14 23 Rights of Union Delegates ............ ... 15 SECTION 1D - EMPLOYMENT RELATIONSHIP 16 24 Types of Employment .... 16 25. Temporary Appointments . 16 26 Managing Sick Leave Related Absences .... 16 Page 1 of 60
BoothF
Undertaking Stamp
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
27 Commitment to Business Reforms .................................................................................................................................. 18
28 Use of Eligibility Lists ....................................................................................................................................................... 19
29 Employee Dlsclpllne ........................................................................................................................................................ 19
30 Abandonment of Employment ......................................................................................................................................... 19
SECTION 1E ·LEAVE .............................................................................................................................................................. 21
31 Personal Leave ................................................................................................................................................................ 21
32 Annual Leave ................................................................................................................................................................... 22
33 Leave for Matters Arising from Domestic and Family Violence ....................................................................................... 23
34 Long Service Leave ......................................................................................................................................................... 24
35 Flexible Use of Long Service Leave ................................................................................................................................ 24
36 Parental Leave ................................................................................................................................................................ 24
37 Out of Home Care Leave ................................................................................................................................................. 27
38 Altruistic Surrogacy Leave ............................................................................................................................................... 28
39 Military Leave .................................................................................................................................................................. 28
40 Jury Service ..................................................................................................................................................................... 30
41 Blood Donors Leave ........................................................................................................................................................ 30
42 Leave for Indigenous Day of Significance ....................................................................................................................... 30
43 Emergency Leave ............................................................................................................................................................ 30
44 Purchased Leave for Personal or Family Reasons ......................................................................................................... 31
45 Picnic Day ........................................................................................................................................................................ 31
46 Public Holidays ................................................................................................................................................................ 32
47 Concessional Day ............................................................................................................................................................ 32
48 capping of Additional Days Off (AD Os) .......................................................................................................................... 32
SECTION 1 F • FLEXIBLE WORK ARRANGEMENTS .............................................................................................................. 34
49 Make Uptime ................................................................................................................................................................... 34
50 career Break ................................................................................................................................................................... 34
51 Flexible Working Arrangements ...................................................................................................................................... 34
52 Individual Flexibility Arrangement .................................................................................................................................... 34
SECTION 1 G • GENERAL ........................................................................................................................................................ 36
53 Higher Duties for Senior and Salaried Officers ................................................................................................................ 36
54 Employee Travel Passes ................................................................................................................................................. 36
55 Workplace Health and Safety Training ............................................................................................................................ 36
56 Drug and Alcohol Testing ................................................................................................................................................ 36
57 Childcare ......................................................................................................................................................................... 36
58 Quallty Certification ......................................................................................................................................................... 37
59 Introduction of New Technology ...................................................................................................................................... 37
60 Job Evaluaflon Review Process ...................................................................................................................................... 37
PART 2 • CORE CONDITIONS FOR SALARIED OFFICERS· .................................................................................................. 38
61 Hours of Duty for Salaried Officers .................................................................................................................................. 38
62 Minimum Payments ......................................................................................................................................................... 38
63 Spread of Hours .............................................................................................................................................................. 38
64 Overtime .......................................................................................................................................................................... 38
65 Time Off In Lieu of Payment for Overtime ....................................................................................................................... 39
66 Sunday Time ................................................................................................................................................................... 39
67 Saturday Time ................................................................................................................................................................. 40
68 Shift Work Allowance ....................................................................................................................................................... 40
69 Time Off Between Shlfts .................................................................................................................................................. 40
70 Rostered Day Off ............................................................................................................................................................. 40
71 Excess Travelllng Time ................................................................................................................................................... 41
Paga 2 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 27 Commitment to Business Reforms 18 28 Use of Eligibility Lists .. 19 29 Employee Discipline ......... 19 30 Abandonment of Employment 19 SECTION 1E - LEAVE 21 31 Personal Leave .... 21 32 Annual Leave ... 22 33 Leave for Matters Arising from Domestic and Family Violence 23 34 Long Service Leave .... 24 35 Flexible Use of Long Service Leave 24 36 Parental Leave .......... 24 37 Out of Home Care Leave. 27 38 Altruistic Surrogacy Leave 28 39 Military Leave. 28 40 Jury Service ..... 30 41 Blood Donors Leave ..... 30 42 Leave for Indigenous Day of Significance 30 43 Emergency Leave .. 30 44 Purchased Leave for Personal or Family Reasons . .. 31 45 Picnic Day ... 31 46 Public Holidays ... 32 47 Concessional Day. 32 48 Capping of Additional Days Off (ADOs) 32 SECTION 1F - FLEXIBLE WORK ARRANGEMENTS 34 49 Make Uptime 34 50 Career Break 34 51 Flexible Working Arrangements ...... 34 52 Individual Flexibility Arrangement 34 SECTION 1G - GENERAL 36 53 Higher Duties for Senior and Salaried Officers. 36 54 Employee Travel Passes. 36 55 Workplace Health and Safety Training ..... 36 56 Drug and Alcohol Testing. 36 57 Childcare ......... 36 58 Quality Certification 37 59 Introduction of New Technology 37 60 Job Evaluation Review Process 37 PART 2 - CORE CONDITIONS FOR SALARIED OFFICERS 38 61 Hours of Duty for Salaried Officers. ... 38 62 Minimum Payments 38 63 Spread of Hours 38 64 Overtime ..... 38 65 Time Off In Lieu of Payment for Overtime 39 66 Sunday Time ..... 39 67 Saturday Time .. 40 68 Shift Work Allowance. 40 .... 40 69 Time Off Between Shifts. 40 70 Rostered Day Off. ......... 40 71 Excess Travelling Time. 41 Page 2 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
72 Change of Usual Workplace .................................. ,,,,, .... ,,,,,,, ........................ ,,,,, ............................................................. 41
73 Increment lncreases ............................................................................................................................................... ,, ....... 41
74 Termination ofEmployment ............................................................................... ,, ... , ... ,, ... ,, .................... ,,,,,, .................... 41
75 Salary Rates ,,,, ................................................................................ ,,,,, .... , ........ ,, ... ,, .. ,, ................................................... 42
PART 2A-ADMINISTRATIVE STREAM ........................................................................................................................... ,,,, ... 44
76 DlrectAppolntment ....................................................................................................................... ,, ................................. 44
77 Filling of Authorised Positions ......................................................................................................................................... 44
78 Traineeships ...................................................................................................................................................... ,, ............ 44
PART 2B- MAINTENANCE STREAM .............................................................................................. , .... ,, ................... ,,, ........... 45
79 Filling of Authorised Positions ......................................................................................................................................... 45
80 Flexibility .......................................................................................................................................................................... 45
81 Master Roster Changes ................................................................................................................................................... 45
PART 2C- OPERATIONAL SUPPORT STREAM ....................... ,,,, ......... ,,,,, ............. ,, .................... ,,,, .................................... 46
82 Revenue Rooms ................................................................. ,,,,, ........................................................................................ 46
83 Pass lssue ......................................................................................................................................................... ,,, ........... 46
84 Check Validity of Licences/Accreditation and Bus Operator Presentation ...................................................................... 46
85 Cleaning and Maintaining Street Furniture, licket Readers and Driver Consoles .......................................................... 46
86 Perfonnance Assessment of Bus Operators ................................................................................................................... 46
87 Minor Bus Repalrs ........................................................................................................................................................... 46
88 Bus Operations ................................................................................................................................................................ 46
89 Handover Perlod .............................................................................................................................................................. 46
90 Fatigue Management ....................................................................................................................................................... 47
91 Duty Officer (Night) Relief.. .............................................................................................................................................. 47
92 Network Control Centre Q~alification Training ................................ ,,,,, ........................................................................... 47
93 Duty Officers and Network Supervisors Roster Principles .............................................................................................. 47
94 Network Control Centre Roster Prlnclples ....................................................................................................................... 50
PART 3 - SENIOR OFFICER STREAM ............................................................................................ ,,,,,,,, ................................ 53
95 Hours of Work for Senior Officers .... , .................................. ,,,, .......... ,,,, .......... ,,,, ............................................................. 53
96 SpanofHours .................................................................................................................................................................. 53
97 Transfers Within the Division ................................................................................................................................. , ......... 53
98 Perfonnance Agreement Programs ................................................................................................................................. 53
99 Increment Increases ........................................................................................................................................................ 54
100 Filling of Authorised Positions ......................................................................................................................................... 54
101 Salary Movement Linked to Promotion & Acting in Higher Grade ................................................................................... 54
SCHEDULE A ..................................................................... , .......... , ............ , ........... ,,, ...................... , .. ,,,,, ................................. 55
SCHEDULE B , .. ,,,,,,, ............. , ... ,,,, .. , ......................................................................................................................................... 56
SCHEDULE C ........................................................................................................................................................................... 57
SCHEDULE D , .. ,,, .. ,, ....... ,,,,, .... ,,,,, .......... ,,,,,,, .... ,,,,,,, ............... ,,,,,,, .......................................................................................... 58
Page 3 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 Change of Usual Workplace 41 73 Increment Increases ... 41 74 Termination of Employment 41 75 Salary Rates .... 42 PART 2A - ADMINISTRATIVE STREAM .... 44 76 Direct Appointment. 44 77 Filling of Authorised Positions . 44 78 Traineeships. 44 PART 2B - MAINTENANCE STREAM 45 79 Filling of Authorised Positions 45 80 Flexibility ..... 45 81 Master Roster Changes .. 45 PART 2C - OPERATIONAL SUPPORT STREAM 46 82 Revenue Rooms. 46 83 Pass Issue. .46 84 Check Validity of Licences/Accreditation and Bus Operator Presentation .. 46 85 Cleaning and Maintaining Street Furniture, Ticket Readers and Driver Consoles 46 86 Performance Assessment of Bus Operators 46 87 Minor Bus Repairs ... 46 88 Bus Operations. 46 89 Handover Period .. 46 90 Fatigue Management ... 47 91 Duty Officer (Night) Relief ............................. " 47 92 Network Control Centre Qualification Training .. .... 47 93 Duty Officers and Network Supervisors Roster Principles 47 94 Network Control Centre Roster Principles .... 50 PART 3 - SENIOR OFFICER STREAM . 53 95 Hours of Work for Senior Officers .... 53 96 Span of Hours. 53 97 Transfers Within the Division ........... 53 98 Performance Agreement Programs. 53 99 Increment Increases. 54 100 Filling of Authorised Positions ... 54 101 Salary Movement Linked to Promotion & Acting in Higher Grade 54 SCHEDULE A .. 55 SCHEDULE B 56 SCHEDULE C. 57 SCHEDULE D 58 Page 3 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
3 Facilitative Provisions
3.1 This Agreement contains facllltatlve provisions which allow agreement(s) to be reached between
the employer and employees on how specific Agreement provisions are to apply at the workplace
level.
3.2 Facilitative provisions are not to be used as a device to avoid Agreement obllgatlons nor should
the provisions result In unfairness to an Employee or Employees covered by this Agreement. The
facilitative provisions are identified below:
96 Span of Hours .................................................................................................................... Error! Bookmark not defined.
§§. Time Off in Lieu of Payment for Overtime ......................................................................... Error! Bookmark not defined.
61 Hours of Dlll•r for Salark:.J Officers .................................................................................... Error! Bookmark not defined.
64 Overtime ............................................................................................................................ Error! Bookmark not defined.
69 Time Off Between Shifts .................................................................................................... Error! Bookmark not defined.
49 Make Ucflma ..................................................................................................................... Error! Bookmark not defined.
4 Definitions
In this Agreement:
4.1 •ADO" means Additional Day Off eamed by an Officer as the result of an arrangement whereby
the officer, In the case of an Officer who works 38 hours per week, works an additional 24 minutes
per day over 19 days and, in the case of an Officer who works 35 hours per week, an additional-22
minutes per day over 19 days.
4.2 aFWc• means the Fair Work Commission.
4.3 •Authorised Position• means a permanent full-time or part-time position approved by the employer
as such.
4.4 •casual Employment'' has the meaning given that term by virtue of sub-clause 24.1 O of this
Agreement.
4.5 •continuous Service• means continuous employment with the Employer under a contract of
service excluding any period of:
a) unauthorised Leave Without Pay;
b) unpaid Sick Leave which exceeds three months;
c) and
d) authorised Leave without Pay, of any type, which exceeds three months.
•OIsclpllnary Proceedings" means the Institution of formal discipline procedures against an
employee by way of the laylng of a written charge or allegatlon.
4.6 Subject to 4.6 (a) "Employee• means, persons employed by the "Employer" who are:
• based in depots located in Greater Sydney Bus Contract Region 8; and
• are engaged In positions contained in Schedule D of this Agreement.
a) Where the term "Employee• appears In:
PART 1 of this Award, It will mean all Salaried or Senior Officers employed as Officers of the Employer
PART 2 of this Award, it will mean Salaried Officers only;
PART 2A of this Award, it will mean Salaried Officers who are Administrative Officers only;
PART 2B of this Award, it will mean Salaried Officers employed within the Maintenance areas of KDNB;
PART 2C of this Award, it will mean Salaried Officers within the Operational Support areas of KDNB only;
and
PART 3 of this Award, It wlll mean Senior Officers only.
4. 7 "Employer" or •KDNB• means Keolis Downer Northern Beaches Pty Ltd KDNB
Page4 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 3 Facilitative Provisions 3.1 This Agreement contains facilitative provisions which allow agreement(s) to be reached between the employer and employees on how specific Agreement provisions are to apply at the workplace level. 3.2 Facilitative provisions are not to be used as a device to avold Agreement obligations nor should the provisions result in unfairness to an Employee or Employees covered by this Agreement. The facilitative provisions are identified below: 96 Span of Hours ... .. Error! Bookmark not defined. 65 Time Off in Lieu of Payment for Overtime . Errori Bookmark not defined. 61 Hours of Duty for Salaried Officers. .. Errori Bookmark not defined. 64 Overtime ..... ..... Error! Bookmark not defined 69 Time Off Between Shifts .. Errori Bookmark not defined. 49 Make Uptime ....... ...... Errori Bookmark not defined. 4 Definitions In this Agreement: 4.1 "ADO" means Additional Day Off earned by an Officer as the result of an arrangement whereby the officer, In the case of an Officer who works 38 hours per week, works an additional 24 minutes per day over 19 days and, in the case of an Officer who works 35 hours per week, an additional 22 minutes per day over 19 days. 4.2 "FWC" means the Fair Work Commission. 4.3 "Authorised Position" means a permanent full-time or part-time position approved by the employer as such. 4.4 "Casual Employment" has the meaning given that term by virtue of sub-clause 24.10 of this Agreement. 4.5 "Continuous Service" means continuous employment with the Employer under a contract of service excluding any period of: a) unauthorised Leave Without Pay; b) unpaid Sick Leave which exceeds three months; c) and d) authorised Leave without Pay, of any type, which exceeds three months. "Disciplinary Proceedings" means the institution of formal discipline procedures against an employee by way of the laying of a written charge or allegation. 4.6 Subject to 4.6 (a) "Employee" means, persons employed by the "Employer" who are: · based in depots located in Greater Sydney Bus Contract Region 8; and · are engaged In positions contained in Schedule D of this Agreement. a) Where the term "Employee" appears in: PART 1 of this Award, it will mean all Salarled or Senior Officers employed as Officers of the Employer PART 2 of this Award, it will mean Salaried Officers only; PART 2A of this Award, it will mean Salaried Officers who are Administrative Officers only; PART 2B of this Award, it will mean Salaried Officers employed within the Maintenance areas of KDNB; PART 2C of this Award, it will mean Salaried Officers within the Operational Support areas of KDNB only; and PART 3 of this Award, it will mean Senior Officers only. 4.7 "Employer" or "KDNB" means Keolis Downer Northern Beaches Pty Ltd KDNB Page 4 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
4.8 Extended Leave (Long Service) for Employees will accrue and be granted as if section 68Q of the
Transport Administration Act 1988, together with Schedule 1 of the Government Sector
Employment Regulation 2014 or succeeding Act applied.
4.9 nAct• means Fair Work Act 2009 (Cth)
4.10 "Officer" means a Salaried or Senior Officer employed by KDNB on a permanent, temporary full
time or part time basis, but does not include a person employed under a contract for services,
provided that, officer is to be read consistently with the definition of employee provided above.
4.11 Parties means the KDNB ('Employer'), the Australlan Services Union of NSW ('ASU'), the
Australian Rail, Tram and Bus Industry Union ('RTBU') and the Association of Professional
Engineers, Scientists and Managers, Australia (NSW Branch) ('APESMA', known as Professionals
Austral la).
4.12 "Part-Time Employment• has the meaning given that term by virtue of sub-clause 24.3 of this
Agreement.
4.13 "Personal Leave" has the meaning given that term by clause 31 of this Agreement and includes
pe~onal Sick Leave, Carers' Leave and Compassionate/bereavement Leave.
4.14 "Purchased Leave" means a form of additional paid leave whereby an Employee elects to
purchase up to a maximum of four weeks additional paid leave per year, by having the Employer
set aside a portion of their weekly wage, for a period of up to 12 months prior to clearing the
additional leave, equal to the value of the addltlonal paid leave.
4.15 "Picnic Day" means an annual picnic event for Salaried and Senior Officers employed under this
Agreement.
4.16 "Public Holiday" means:
a) New Year's Day;
b) Australia Day;
c) Good Friday;
d) Easter Saturday;
e) Easter Monday;
f) Anzac Day;
g) Sovereign's Birthday;
h) Labour Day;
I) Christmas Day;
j) Boxing Day; and
k) any day which is gazetted or proclaimed as a Public Holiday in the state of New South
Wales in substitution for, or In addition to, any of the days llsted in (a) to ij)above.
4.17 "Shift Worker" means an Employee whose roster requires them to regularly work on Saturdays,
Sundays and Public Holidays and/or shifts which otherwise attract the payment of a shift penalty.
4.18 "Temporary Employmenr has the meaning given that term by virtue of subclause 24.13 of this
Agreement.
4.19 'Week" means:
a) for an Employee who is a Shift Worker, Sunday to Saturday.
b) for an Employee who is not a Shift Worker, Monday to Friday.
Page 5 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 4.8 Extended Leave (Long Service) for Employees will accrue and be granted as if section 68Q of the Transport Administration Act 1988, together with Schedule 1 of the Government Sector Employment Regulation 2014 or succeeding Act applied. 4.9 "Act" means Fair Work Act 2009 (Cth) 4.10 "Officer" means a Salaried or Senior Officer employed by KDNB on a permanent, temporary full time or part time basis, but does not include a person employed under a contract for services, provided that, officer is to be read consistently with the definition of employee provided above. 4.11 Parties means the KDNB ('Employer'), the Australian Services Union of NSW ('ASU'), the Australian Rail, Tram and Bus Industry Union ('RTBU') and the Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) ('APESMA', known as Professionals Australla). 4.12 "Part-Time Employment" has the meaning given that term by virtue of sub-clause 24.3 of this Agreement. 4.13 "Personal Leave" has the meaning given that term by clause 31 of this Agreement and includes personal Sick Leave, Carers' Leave and Compassionate/bereavement Leave. 4.14 "Purchased Leave" means a form of additional paid leave whereby an Employee elects to purchase up to a maximum of four weeks additional paid leave per year, by having the Employer set aside a portion of their weekly wage, for a period of up to 12 months prior to clearing the additional leave, equal to the value of the additional pald leave. 4.15 "Picnic Day" means an annual picnic event for Salaried and Senior Officers employed under this Agreement. 4.16 "Public Holiday" means: a) New Year's Day; b) Australia Day; c) Good Friday; d) Easter Saturday; e) Easter Monday; f) Anzac Day; g) Sovereign's Birthday; h) Labour Day; 1) Christmas Day; j) Boxing Day; and k) any day which is gazetted or proclaimed as a Public Holiday in the state of New South Wales in substitution for, or in addition to, any of the days listed in (a) to (j)above. 4.17 "Shift Worker" means an Employee whose roster requires them to regularly work on Saturdays, Sundays and Public Holidays and/or shifts which otherwise attract the payment of a shift penalty. 4.18 "Temporary Employment" has the meaning given that term by virtue of subclause 24.13 of this Agreement. 4.19 "Week" means: a) for an Employee who is a Shift Worker, Sunday to Saturday. b) for an Employee who is not a Shift Worker, Monday to Friday. Page 5 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
5 Parties Bound
5.1 This Agreement shall be binding on the following parties and classes of persons:
• the Employer;
• the Australian Rail, Tram and Bus Industry Union ('RTBU');
• the Australian Services Union of NSW('ASU');
• the Association of Professional Engineers, Scientists and Managers, Australia (NSW
Branch) ('APESMA', known as Professionals Australia),and
• all Employees of the Employer covered by this Agreement.
5.2 This Agreement shall operate to the exclusion of any and all other industrial instruments, includlng
but not limited to enterprise agreements and modem awards that might otherwise apply, or that
applled In the past, to Employees.
5.3 It is a term of this Agreement that the Employees covered by this Agreement shall have their
conditions maintained to not less than those prescribed In the National Employment Standards
(NES). Should any provision of this Agreement be interpreted In a manner that is less beneflclal
than or inconsistent with the NES, then the corresponding term of the NES shall apply to the
extent of the inconsistency.
6 Relationship to lndustrlal Instruments
6.1 This Agreement wholly supersedes and replaces the following instruments:
The State Transit Authority Senior and Salaried Officer (Enterprise) State Award 2021
• This Agreement supersedes all previous negotiations, warranties, representations and
agreements between the parties and contains the whole of the agreement between them.
7 No Extra Claims
7 .1 The parties agree that, during the term of this Agreement, there will be no extra wage claims,
claims for Improved conditions of employment or demands made with respect to the Employees
covered by the Agreement and, further, that no proceedings, claims or demands concerning
wages or conditions of employment with respect to those Employees will be instituted before the
FWC or any other industrial tribunal.
7.2 The terms of the preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing Agreement provisions.
8 Area, Incidence and Duration
8.1 This Agreement shall take effect seven days after approval by the Fair Work Commission and
rescinds and replaces the copied State Transit Authority Senior and Salaried Officers' Enterprise
(State) Award 2021.
8.2 The Nominal Expiry Date of this Agreement is 31 December 2025.
8.3 The parties wlll commence negotiations for the next Agreement six months prior to the nominal
expiry date of this Agreement.
9 Anti-Discrimination
9.1 It is the intention of the parties to this Agreement to seek to prevent and ellmlnate discrimination in
the workplace. This includes discrimination on the grounds of race, sex, marital status, dlsabllity,
homosexuality, transgender Identity, age and responsibilities as a carer.
9.2 It follows that in fulfilling their obligations under the dispute resolution procedure presaibed by this
Agreement the parties have obligations to take all reasonable steps to ensure that the operation of
the provisions of this Agreement are not directly or Indirectly discriminatory in their effects. It will be
consistent with the fulfillment of these obligations for the parties to make application to vary any
provision of the Agreement, which, by its terms or operation, has a direct or Indirect discriminatory
effect.
9.3 Under the Anti-Discrimination Act 1977, It Is unlawful to victimise an Employee because the
employee has made or may make or has been involved in a complalnt of unlawful discrimination
or harassment.
Page 6 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 5 Parties Bound 5.1 This Agreement shall be binding on the following parties and classes of persons: · the Employer; . the Australian Rail, Tram and Bus Industry Union ('RTBU'); . the Australian Services Union of NSW('ASU'); · the Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) ('APESMA', known as Professionals Australia), and · all Employees of the Employer covered by this Agreement. 5.2 This Agreement shall operate to the exclusion of any and all other industrial instruments, including but not limited to enterprise agreements and modern awards that might otherwise apply, or that applied in the past, to Employees. 5.3 It is a term of this Agreement that the Employees covered by this Agreement shall have their conditions maintained to not less than those prescribed in the National Employment Standards (NES). Should any provision of this Agreement be interpreted in a manner that is less beneficial than or inconsistent with the NES, then the corresponding term of the NES shall apply to the extent of the inconsistency. 6 Relationship to Industrial Instruments 6.1 This Agreement wholly supersedes and replaces the following instruments: The State Transit Authority Senior and Salaried Officer (Enterprise) State Award 2021 · This Agreement supersedes all previous negotiations, warranties, representations and agreements between the parties and contains the whole of the agreement between them. 7 No Extra Claims 7.1 The parties agree that, during the term of this Agreement, there will be no extra wage claims, claims for improved conditions of employment or demands made with respect to the Employees covered by the Agreement and, further, that no proceedings, claims or demands concerning wages or conditions of employment with respect to those Employees will be instituted before the FWC or any other industrial tribunal. 7.2 The terms of the preceding paragraph do not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of existing Agreement provisions. 8 Area, Incidence and Duration 8.1 This Agreement shall take effect seven days after approval by the Fair Work Commission and rescinds and replaces the copied State Transit Authority Senior and Salaried Officers' Enterprise (State) Award 2021. 8.2 The Nominal Expiry Date of this Agreement is 31 December 2025. 8.3 The partles will commence negotiations for the next Agreement six months prior to the nominal expiry date of this Agreement. 9 Anti-Discrimination 9.1 It is the intention of the parties to this Agreement to seek 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. 9.2 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Agreement the partles have obligations to take all reasonable steps to ensure that the operation of the provisions of this Agreement are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfillment of these obligations for the parties to make application to vary any provision of the Agreement, which, by its terms or operation, has a direct or Indirect discriminatory effect. 9.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an Employee because the Employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment. Page 6 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
9.4 Nothing In this clause Is to be taken to affect:
• any conduct or act which Is specifically exempted from anti-discrimination legislation;
• offering or providing junior rates of pay to persons under 21 years of age;
• any act or practice of a body establlshed to propagate religion which Is exempted under s
56(d) of the Anti-Discrimination Act 1977;
• a party to this Agreement from pursuing matters of unlawful discrimination In any State or
federal jurisdiction.
9.5 This clause does not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
9.6 Employers and Employees may also be subject to Commonwealth anti-discrimination legislation.
9.7 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 confonns to the doctrines of that
religion or is necessary to avoid Injury to the rellglous susceptibllities of the adherents of that
religion."
Page 7 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 9.4 Nothing in this clause Is to be taken to affect: · any conduct or act which is specifically exempted from anti-discrimination legislation; · offering or providing junior rates of pay to persons under 21 years of age; · any act or practice of a body established to propagate religion which Is exempted under s 56(d) of the Anti-Discrimination Act 1977; · a party to this Agreement from pursuing matters of unlawful discrimination in any State or federal jurisdiction. 9.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause 9.6 Employers and Employees may also be subject to Commonwealth anti-discrimination legislation. 9.7 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 avold injury to the religious susceptibilities of the adherents of that religion." Page 7 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
SECTION 1B -WAGES, ALLOWANCES AND RELATED MATIERS
10 Wage Increases
10.1 A wage increase will apply to employees covered by this Agreement payable as follows:
i) From the First Full Pay Period commencing on or after 1 January 2022 an increase of
2.04%, and
ii) From the First Full Pay Period commencing on or after 1 January 2023: a percentage
increase consistent with the Wage Price Index" (WPI) percentage increase of March
2022.
iii) From the First Full Pay period commencing on or after 1 January 2024: a percentage
Increase consistent with the Wage Price Index" {WPI) percentage increase of March 2023
iv) From the First Full Pay period commencing on or after 1 January 2025: a percentage
increase consistent with the Wage Price lndex".(WPI) percentage Increase of March
2024.
v) To avoid any doubt, there will be no reduction in Wage Rates should the reported WPI
decrease.
*The March Quarter index. ABS Quarterly Wage Price Index Cat.6345 Table 5b (Private and
Public; Transport, postal and warehousing)
11 Industry Allowance
11.1 During the llfe of this Agreement the current Industry allowance rates will increase as shown in
Schedule C of this Agreement.
12 Payment of Wages
12.1 The Employer wlll effect the payment of an Employee wages, salarles and allowances by
electronic transfer of funds Into flnanclal Institution accounts (Banks, Credit Unions and Building
Societies) as nominated by Employees, and will continue to do so for the life of this Agreement.
13 Superannuation
13.1 Superannuation legislatlon, Including the Superannuation Guarantee (Administration) Act 1992
(cth), Superannuation Industry (Supervision) Act 1993 (cth) and the Superannuation (Resolution
of Complaints) Act 1993 (cth), as amended from time to time (Superannuation Leglalatlon), deal
with superannuation rights and obligations.
13.2 The Employer wlll make superannuation contributions (Compulsory Contributions) In
accordance with Superannuation Leglslatlon to any superannuation fund (as defined In the
Superannuation Leglslation (Fund) chosen by the Employee.
13.3 An Employee choosing a Fund, other than the Default Fund (Aware Super) wlll be required to
fumlsh sufficient evidence to the Employer to determine that the chosen Fund meets the
requirements of Superannuation Leglslatlon as amended from time to time.
13.4 An Employee may elect, subject to the agreement of the Employer, to salary sacrifice on a pre-tax
basis a specific amount of thelr base wage paid under this Agreement to additional
superannuation payments. Such an electlon must be made in writing by the Employee, addressed
to the Employer, and shall specify a fixed dollar amount.
13.5 Any salary sacrifice arrangement entered Into by an Employee under this clause Is subject to
appllcable taxation and Superannuation Leglslatlon as amended from time to time.
13.6 Employees are responsible for seeking their own independent financial advice with respect to
salary sacrifice arrangements.
13.7 Where an Employee does not Inform the Employer of their superannuation fund, or an Employee
Is not a member of a superannuation fund at the time they commence employment with the
Employer, the Employer will make contributions to the Aware Super fund
Page 8 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SECTION 1B - WAGES, ALLOWANCES AND RELATED MATTERS 10 Wage Increases 10.1 A wage increase will apply to employees covered by this Agreement payable as follows: i) From the First Full Pay Period commencing on or after 1 January 2022 an increase of 2.04%, and ii) From the First Full Pay Perlod commencing on or after 1 January 2023: a percentage increase consistent with the Wage Price Index* (WPI) percentage increase of March 2022 iii) From the First Full Pay period commencing on or after 1 January 2024: a percentage Increase consistent with the Wage Price Index* (WPI) percentage increase of March 2023 iv) From the First Full Pay period commencing on or after 1 January 2025: a percentage increase consistent with the Wage Price Index* (WPI) percentage Increase of March 2024. v) To avoid any doubt, there will be no reduction in Wage Rates should the reported WPI decrease. *The March Quarter index. ABS Quarterly Wage Price Index Cat.6345 Table 5b (Private and Public; Transport, postal and warehousing) 11 Industry Allowance 11.1 During the life of this Agreement the current Industry allowance rates will increase as shown in Schedule C of this Agreement. 12 Payment of Wages 12.1 The Employer will effect the payment of all Employee wages, salarles and allowances by electronic transfer of funds Into financial Institution accounts (Banks, Credit Unions and Building Societies) as nominated by Employees, and will continue to do so for the life of this Agreement. 13 Superannuation 13.1 Superannuation legislation, Including the Superannuation Guarantee (Administration) Act 1992 (Cth), Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), as amended from time to time (Superannuation Legislation), deal with superannuation rights and obligations. 13.2 The Employer will make superannuation contributions (Compulsory Contributions) in accordance with Superannuation Legislation to any superannuation fund (as defined In the Superannuation Legislation (Fund) chosen by the Employee. 13.3 An Employee choosing a Fund, other than the Default Fund (Aware Super) will be required to furnish sufficient evidence to the Employer to determine that the chosen Fund meets the requirements of Superannuation Legislation as amended from time to time. 13.4 An Employee may elect, subject to the agreement of the Employer, to salary sacrifice on a pre-tax basis a specific amount of their base wage paid under this Agreement to additional superannuation payments. Such an election must be made in writing by the Employee, addressed to the Employer, and shall specify a fixed dollar amount. 13.5 Any salary sacrifice arrangement entered Into by an Employee under this clause Is subject to applicable taxation and Superannuation Legislation as amended from time to time. 13.6 Employees are responsible for seeking their own independent financial advice with respect to salary sacrifice arrangements. 13.7 Where an Employee does not Inform the Employer of their superannuation fund, or an Employee Is not a member of a superannuation fund at the time they commence employment with the Employer, the Employer will make contributions to the Aware Super fund Page 8 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
14 Salary Sacrifice
14.1 Notwithstanding the wages prescribed In this Agreement, an Employee other than a temporary or
casual may elect, subject to the agreement of the Employer, to sacrifice a portion of the base
wage payable under this Agreement to additional employer superannuation contributions. Such
election must be made prior to the commencement of the period of service to which the earnings
relate.
14.2 Where an Employee has elected to sacrifice a portion of that payable wage to additional Employer
superannuation contributions:
14.2.1 Subject to Australian taxation law, the sacrificed portion of wage wlll reduce the wage
subject to appropriate PAYG taxation deductions by the amount of that sacrificed
portion; and
14.2.2 Any allowance, penalty rate, payment for unused leave entitlements, weekly workers'
compensation or other payment, other than any payments for leave taken in service, to
which an Employee is entitled under the Agreement, Act or statute which is expressed
to be determined by reference to an Employee's wage, shall be calculated by
reference to the wage which would have applled to the Employee under this
Agreement in the absence of any salary sacrifice to superannuation made under this
Agreement.
14.3 The Employee may elect to have the portion of payable wage, which Is sacrificed to addltlonal
Employer superannuation contributions:
14.3.1 Paid Into the superannuation scheme establlshed under the First State
Superannuation Act 1992 as optional employer contributions; or
14.3.2 Subject to the Employer's agreement, paid Into a private sector complying
superannuation scheme as employer superannuation contributions.
14.4 Where an Employee elects to salary sacrifice in terms of sub-clause 14.3, the Employer will pay
the sacrificed amount into the relevant superannuation fund.
14.5 Where the Employee is a member of a superannuation scheme establlshed under:
• the Superannuation Act 1916;
• the State Authorities Superannuation Act 1987;
• the State Authorities Non-contributory Superannuation Act 1987; or
• the First State Superannuation Act 1992;
the employer must ensure that the amount of any additional Employer superannuation
contributions specified In sub-clause 14.3 is included in the Employee's superannuable salary,
which is notified to the New South Wales public sector superannuation trustee corporations.
14.6 Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an Employee had
entered Into an agreement with the Employer to have superannuation contributions made to a
superannuation fund other than a fund established under legislation listed In sub-clause 14.5, the
Employer wlll continue to base contributions to that fund on the base wage payable under this
Agreement to the same extent as applied before the Employee sacrificed portion of that salary to
superannuation. This clause applies even though the superannuation contributions made by the
Employer may be In excess of superannuation guarantee requirements after the salary sacrifice is
implemented.
15 Expenses
15.1 For the life of this Agreement, the Employer will continue to apply the allowance rates provided for
In the •Meal, Travelllng and Related Allowances Clrcular", as published from time to time by the
NSW Premiers' Department, for the following allowances:
• meal expenses on same day journeys (travel not involving an overnight stay);
• travelllng allowances when staying In non Government accommodation (involvlng
overnight stay);
• incidental expenses when claiming actual expenses;
Page 9 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 14 Salary Sacrifice 14.1 Notwithstanding the wages prescribed in this Agreement, an Employee other than a temporary or casual may elect, subject to the agreement of the Employer, to sacrifice a portion of the base wage payable under this Agreement to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate. 14.2 Where an Employee has elected to sacrifice a portion of that payable wage to additional Employer superannuation contributions: 14.2.1 Subject to Australlan taxation law, the sacrificed portion of wage will reduce the wage subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion; and 14.2.2 Any allowance, penalty rate, payment for unused leave entitlements, weekly workers' compensation or other payment, other than any payments for leave taken in service, to which an Employee is entitled under the Agreement, Act or statute which is expressed to be determined by reference to an Employee's wage, shall be calculated by reference to the wage which would have applied to the Employee under this Agreement in the absence of any salary sacrifice to superannuation made under this Agreement. 14.3 The Employee may elect to have the portion of payable wage, which is sacrificed to additional Employer superannuation contributions: 14.3.1 Paid Into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or 14.3.2 Subject to the Employer's agreement, pald Into a private sector complying superannuation scheme as employer superannuation contributions. 14.4 Where an Employee elects to salary sacrifice in terms of sub-clause 14.3, the Employer will pay the sacrificed amount into the relevant superannuation fund. 14.5 Where the Employee is a member of a superannuation scheme established under: · the Superannuation Act 1916; the State Authorities Superannuation Act 1987; . the State Authorities Non-contributory Superannuation Act 1987; or · the First State Superannuation Act 1992; the employer must ensure that the amount of any additional Employer superannuation contributions specified in sub-clause 14.3 is included in the Employee's superannuable salary, which is notified to the New South Wales public sector superannuation trustee corporations. 14.6 Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an Employee had entered Into an agreement with the Employer to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in sub-clause 14.5, the Employer will continue to base contributions to that fund on the base wage payable under this Agreement to the same extent as applied before the Employee sacrificed portion of that salary to superannuation. This clause applies even though the superannuation contributions made by the Employer may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented. 15 Expenses 15.1 For the life of this Agreement, the Employer will continue to apply the allowance rates provided for In the "Meal, Travelling and Related Allowances Circular", as published from time to time by the NSW Premiers' Department, for the following allowances: · meal expenses on same day journeys (travel not involving an overnight stay); · travelling allowances when staying in non Government accommodation (involving overnight stay); · incidental expenses when claiming actual expenses; Page 9 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
• overtime meal allowances; and
• rates for use of private motor vehicles.
16 Meal Allowance
16.1 An Employee who is authorised by their manager to undertake a one-day journey on official
business where overnight accommodation is not required shall be paid the appropriate rate of
allowance set out In the Meal, Travelling and Related Allowances Circular, as published from time
to time by the NSW Premiers Department, for:
• Breakfast: If travel commences before 7 a.m. or finishes after 8.00a.m.;
• Lunch: if travel commences before 1.00 p.m. or finishes after 2.00p.m.;
• Dinner: If travel commences before 6.30 p.m. or finishes after 6.30p.m.;
but an Employee shall not be deemed to have incurred expenses for any meal or a bed provided
free of charge by the Employer.
No payments shall be made except where an Employee proceeds to a place outside the
boundaries of the Sydney metropolitan system which is at least 24 kilometres from the usual
work.piece, the distance being computed by the ordinary means of travel.
16.2 The Employer shall not be obliged to pay any allowance under this clause unless the Employee
concerned makes a claim, but if a claim is made, the allowance shall be paid in full regardless of
the amount claimed.
16.3 Employees shall be entitled to the following meal allowance:
16.3.1 An Employee who works authorised overtime for two hours or more in excess of their
ordinary shift shall be ellglble for an overtime meal allowance, as prescribed in the
Meal, Travelling and Related Allowances Circular, if they finish later than 8.00 a. m.
(breakfast), or 1.30 p.m. (lunch), or 6.30 p.m. (dinner) or 1.00 a.m.(supper).
16.3.2 A Salaried Officer who ordinarily commences duty at 8.30 a.m. or later, If directed to
commence before 7.00 a.m. on irregular occasions, and does so commence, shall be
ellglble for a meal allowance for breakfast.
17 Travelllng Allowance
17 .1 An Employee who is required by their manager to work from a temporary work location shall be
paid the appropriate rate of allowance for accommodation, meal or incidental expenses (if
accommodation/meal has not been provided by the employer) as set out in the Meal, Travelling
and Related Allowances Circular, as published from time to time by the NSW Premiers
'Department.
17.2 The need to obtain overnight accommodation shall be determined by the Employee's manager
having regard to the safety of the Employee travelling on official business and local conditions
applicable in the area.
17.3 As an alternative to the provisions, the Employer could make other arrangements to meet the
travelling expenses properly and reasonably incurred by an Employee who is required to work at a
temporary work locaUon.
17.4 This clause does not apply to Employees who are on an Employee-initiated secondment.
18 Relocatlon Allowance
18.1 Where an Employee is transferred In the Interest of the Employer or on promoUon, the Employee
shall be eligible for a relocation allowance which allows for free rail travel for their famlly, free
transit for their furniture; reasonable expenses to cover cost of removal, and reasonable cost of
living for a period not exceeding six weeks pending the arrival of their furniture, and for their
securing of a residence.
18.2 In the case of an Employee who is transferred to suit their own convenience, or by way of
disciplinary action, the Employee, their partner and famlly wilt be eligible for free rail travel and free
transit for their furniture, but no other travel allowances will be allowed.
18.3 Appllcatlons for Relocation Allowance must be made In advance and be approved at the discretion
of the Head of Human Resources.
Page 10 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 · overtime meal allowances; and · rates for use of private motor vehicles. 16 Meal Allowance 16.1 An Employee who is authorised by their manager to undertake a one-day journey on offlclal business where overnight accommodation is not required shall be paid the appropriate rate of allowance set out in the Meal, Travelling and Related Allowances Circular, as published from time to time by the NSW Premiers Department, for: · Breakfast: If travel commences before 7 a.m. or finishes after 8.00a.m .; ·Lunch: if travel commences before 1.00 p.m. or finishes after 2.00p.m .; · Dinner: if travel commences before 6.30 p.m. or finishes after 6.30p.m .; but an Employee shall not be deemed to have incurred expenses for any meal or a bed provided free of charge by the Employer. No payments shall be made except where an Employee proceeds to a place outside the boundaries of the Sydney metropolitan system which is at least 24 kilometres from the usual workplace, the distance being computed by the ordinary means of travel. 16.2 The Employer shall not be obliged to pay any allowance under this clause unless the Employee concerned makes a claim, but if a claim is made, the allowance shall be paid in full regardless of the amount claimed. 16.3 Employees shall be entitled to the following meal allowance: 16.3.1 An Employee who works authorised overtime for two hours or more in excess of their ordinary shift shall be eligible for an overtime meal allowance, as prescribed in the Meal, Travelling and Related Allowances Circular, if they finish later than 8.00 a.m. (breakfast), or 1.30 p.m. (lunch), or 6.30 p.m. (dinner) or 1.00 a.m.(supper). 16.3.2 A Salaried Officer who ordinarily commences duty at 8.30 a.m. or later, If directed to commence before 7.00 a.m. on irregular occasions, and does so commence, shall be eligible for a meal allowance for breakfast. 17 Travelling Allowance 17.1 An Employee who is required by their manager to work from a temporary work location shall be paid the appropriate rate of allowance for accommodation, meal or incidental expenses (if accommodation/meal has not been provided by the employer) as set out in the Meal, Travelling and Related Allowances Circular, as published from time to time by the NSW Premiers 'Department. 17.2 The need to obtain overnight accommodation shall be determined by the Employee's manager having regard to the safety of the Employee travelling on official business and local conditions applicable in the area 17.3 As an alternative to the provisions, the Employer could make other arrangements to meet the travelling expenses properly and reasonably incurred by an Employee who is required to work at a temporary work location. 17.4 This clause does not apply to Employees who are on an Employee-initiated secondment. 18 Relocation Allowance 18.1 Where an Employee is transferred in the interest of the Employer or on promotion, the Employee shall be eligible for a relocation allowance which allows for free rail travel for their family, free transit for their furniture; reasonable expenses to cover cost of removal, and reasonable cost of living for a period not exceeding six weeks pending the arrival of their furniture, and / or their securing of a residence 18.2 In the case of an Employee who is transferred to suit their own convenience, or by way of disciplinary action, the Employee, their partner and family will be eligible for free rail travel and free transit for their furniture, but no other travel allowances will be allowed. 18.3 Applications for Relocation Allowance must be made in advance and be approved at the discretion of the Head of Human Resources. Page 10 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
19 Uniform Allowance
19.1 This clause applles to Employees who are required to wear the current approved KDNB corporate
and support staff uniform at all times whilst on duty.
19.2 Employees who are required to wear the approved uniform, Including new Employees, shall
receive an Initial Issue of the approved uniform at KDNB cost, as sat out in Schedule C of this
Agreement.
19.3 Subsequent to the initial Issue, Employees will receive a uniform allowance, which Is paid annually
Into the employees' account, for the procurement of replacement uniform from approved
suppller(s).
19.4 When the annual uniform allowance is due, Employees who commenced employment six months
or more from that data shall receive the full annual uniform allowance; Employees who
commenced employment lass than six months shall not receive the uniform allowance for that
year.
19.5 Where the uniform Is supplled or replaced at the Employer's cost, except as provided for In 19.5,
the uniform allowance wlll not be payable for that year.
19.6 In extraordinary circumstances where the uniform is damaged in the course of duty, the Officer
may apply for a replacement of the damaged Items.
Paga 11 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 19 Uniform Allowance 19.1 This clause applies to Employees who are required to wear the current approved KDNB corporate and support staff uniform at all times whilst on duty. 19.2 Employees who are required to wear the approved uniform, including new Employees, shall receive an initial issue of the approved uniform at KDNB cost, as set out in Schedule C of this Agreement. 19.3 Subsequent to the initial issue, Employees will receive a uniform allowance, which is paid annually Into the employees' account, for the procurement of replacement uniform from approved supplier(s). 19.4 When the annual uniform allowance is due, Employees who commenced employment six months or more from that date shall receive the full annual uniform allowance; Employees who commenced employment less than six months shall not receive the uniform allowance for that year. 19.5 Where the uniform Is supplied or replaced at the Employer's cost, except as provided for In 19.5, the uniform allowance will not be payable for that year. 19.6 In extraordinary circumstances where the uniform is damaged in the course of duty, the Officer may apply for a replacement of the damaged Items. Page 11 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
SECTION 1C • COMMUNICATION AND DISPUTE RESOLUTION
20 Consultatlon
20.1 This term applies if the employer:
a) has made a definite decision to introduce a major change to production, program,
organization, structure or technology in relation to its enterprise that is likely to have a
significant effect on the employees; or
b) proposes to introduce a change to the regular roster or ordinary hours of work of
employees.
Major change
20.2 For a major change referred to in paragraph (20.1)(a):
a) the employer must notify the relevant employees of the decision to Introduce the major
change;and
b) subclauses (20.3) to (20.9) apply.
20.3 The relevant employees may appoint a representative for the purposes of the procedures in this
term.
20.4 If:
a) a relevant employee appoints, or relevant employees appoint, a representative for the
purposes of consultation; and
b) the employee or employees advise the employer of the Identity of the representative;
the employer must recognise the representative
20.5 As soon as practicable after making its decision, the employer must:
a) discuss with the relevant employees:
i. the introduction of the change; and
ii. the effect the change is likely to have on the employees; and
iii. measures the employer is taking to avert or mitigate the adverse effect of the change
on the employees; and
b) for the purposes of the discussion-provide, in writing, to the relevant employees (and
where requested, their representatives):
i. all relevant information about the change lncludlng the nature of the change
proposed; and
ii. information about the expected effects of the change on the employees; and
Ill. any other matters llkely to affect the employees.
20.6 However, the employer is not required to dlsclose confldentlal or commerclally sensitive
information to the relevant employees.
20. 7 The employer must give prompt and genuine consideration to matters raised about the major
change by the relevant employees.
20.8 If a term in this agreement provides for a major change to production, program, organisation,
structure or technology in relatlon to the enterprise of the employer, the requirements set out in
paragraph (20.1 )(a) and subclauses (20.3) and (20.5) are taken not to apply.
20.9 In this term, a major change is likely to have a significant effect on employees if it results In:
a) the termination of the employment of employees; or
b) major change to the composition, operation or size of the employer's workforce or to the
skills required of employees; or
c) the elimination or diminution of job opportunities (Including opportunities for promotion or
tenure); or
d) the alteration of hours of work; or
Page 12 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SECTION 1C - COMMUNICATION AND DISPUTE RESOLUTION 20 Consultation 20.1 This term applies if the employer. a) has made a definite decision to introduce a major change to production, program, organization, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major change 20.2 For a major change referred to in paragraph (20.1)(a): a) the employer must notify the relevant employees of the decision to Introduce the major change; and b) subclauses (20.3) to (20.9) apply. 20.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 20.4 If: a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative 20.5 As soon as practicable after making its decision, the employer must: a) discuss with the relevant employees: i. the introduction of the change; and ii. the effect the change is likely to have on the employees; and iii. measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and b) for the purposes of the discussion-provide, in writing, to the relevant employees (and where requested, their representatives): .all relevant information about the change including the nature of the change proposed; and ii. information about the expected effects of the change on the employees; and ill. any other matters likely to affect the employees. 20.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 20.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees 20.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (20.1)(a) and subclauses (20.3) and (20.5) are taken not to apply. 20.9 In this term, a major change is likely to have a significant effect on employees if it results In: a) the termination of the employment of employees; or b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or d) the alteration of hours of work; or Page 12 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
e) the need to retrain employees; or
f) the need to relocate employees to another workplace; or
g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
20.1 0 For a change referred to in paragraph (20.1 )(b):
a) the employer must notify the relevant employees of the proposed change; and
b) subclauses (20.11) to (20.15) apply. .
20.11 The relevant employees may appoint a representative for the purposes of the procedures in this
term.
20.12 If:
a) a relevant employee appoints, or relevant employees appoint, a representative for the
purposes of consultation; and
b) the employee or employees advise the employer of the identity of the representative;
the employer must recognise the representative.
20.13 As soon as practicable after proposing to Introduce the change, the employer must:
a) discuss with the relevant employees the introduction of the change; and
b) for the purposes of the discussion-provide to the relevant employees:
I. all relevant information about the change, including the nature of the change; and
ii. Information about what the employer reasonably belleves will be the effects of the
change on the employees; and
iii. information about any other matters that the employer reasonably believes are likely
to affect the employees; and
c) invite the relevant employees to give their views about the impact of the change
(Including any impact In relation to their famlly or caring responsibilities).
20.14 However, the employer is not required to disclose confidential or commercially sensitive
information to the relevant employees.
20.15 The employer must give prompt and genuine consideration to matters raised about the change
by the relevant employees.
20.16 In this term:
"relevant employees~ means the employees who may be affected by a change referred to in
subclause (20.1 ).
21 Consultatlva Committee
21.1 There shall be effective means of consultation on matters of interest and concern, both formal and
Informal, at all levels of the organisation, between the parties to this Agreement and Employees.
21.2 Senior management representatives of the Employer and nominees of each of the Union parties
will meet quarterly as a Consultative Committee - and at other times as agreed - to consult on
matters which have organisational wide impact or implications.
21.3 The Consultative Committee will also consider strategic workforce planning issues. Appropriate
information will be provided to the Unions to facilitate such discussions.
21.4 When a change is proposed that will have an impact upon the working arrangements of
Employees, the Employer will consult with Employees and their Employee representatives.
a) The Employer will provide relevant information about:
i. the proposed change;
ii. effects on the Employees;
iii. the rationale for the proposed changes based on business needs;
Page 13 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 e) the need to retrain employees; or f) the need to relocate employees to another workplace; or g) the restructuring of jobs. Change to regular roster or ordinary hours of work 20.10 For a change referred to in paragraph (20.1)(b): a) the employer must notify the relevant employees of the proposed change; and b) subclauses (20.11) to (20.15) apply. 20.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 20.12 If: )a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 20.13 As soon as practicable after proposing to introduce the change, the employer must: a) discuss with the relevant employees the introduction of the change; and b) for the purposes of the discussion-provide to the relevant employees: 1. all relevant information about the change, including the nature of the change; and ii. information about what the employer reasonably believes will be the effects of the change on the employees; and ill. information about any other matters that the employer reasonably believes are likely to affect the employees; and c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 20.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 20.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 20.16 In this term: "relevant employees" means the employees who may be affected by a change referred to in subclause (20.1). 21 Consultative Committee 21.1 There shall be effective means of consultation on matters of interest and concern, both formal and informal, at all levels of the organisation, between the partles to this Agreement and Employees. 21.2 Senior management representatives of the Employer and nominees of each of the Union parties will meet quarterly as a Consultative Committee - and at other times as agreed - to consult on matters which have organisational wide impact or implications. 21.3 The Consultative Committee will also consider strategic workforce planning issues. Appropriate information will be provided to the Unions to facilitate such discussions. 21.4 When a change is proposed that will have an impact upon the working arrangements of Employees, the Employer will consult with Employees and their Employee representatives. a) The Employer will provide relevant information about: i. the proposed change; ii. effects on the Employees; ili. the rationale for the proposed changes based on business needs; Page 13 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
b) The Employer will meet with the affected Employees and their Employee Representatives
and discuss the effects of the changes on the Employee(s) concerned and measures
proposed to avoid or otherwise minimise any possible adverse Impact on affected
Employees.
c) The Employee(s) will be given an opportunity and reasonable time to provide Input and
discuss the proposed change with their Employee Representatives, to consider the
change and respond to any proposed changes.
d) The Employer will respond to any feedback provided by Employees and their Employee
Representatives.
21.5 The Employer shall consult with Employees, Employee Representatives and other parties to this
Agreement prior to the introduction of any technological change that impact on the working
arrangements of Employees. Where matters cannot be resolved through the consultative process
any party may utilise the Dispute Settlement Procedure at Clause 22.
22 Dispute Settlement Procedures
22.1 The parties recognise that disputes can differ widely in nature, and can take different lengths of
time to resolve, but the purpose of this procedure Is to ensure that disputes are resolved as quickly
and as close to the source of the Issue as possible. This procedure requires that there Is a
resolutlon to disputes and that while the procedure is being followed, work continues normally.
22.2 A dispute can arise over any Issue that dlrectly affects the Interests of any of the parties.
22.3 Any dispute between the Employer and Employee(s) or the Employee's Representative shall be
resolved according to the following steps:
STEP 1: Where a dispute arises It shall be raised in the first instance in writing by the
Employee(s) or their Union delegate directly with the local supervisor/manager. The local
supervisor/manager shall provide a written response to the Employee(s) or their Union delegate
concerning the dispute within 48 hours advising them of the action being taken.
STEP 2: If the dispute remains unresolved, or If the dispute Involves matters other than local
issues, the appropriate Manager, Employee Relations or their nominee, a divisional management
representative and the Employee(s) and/or the Employee(s) representative, Union delegate or
official shall confer and take appropriate action to arrive at a settlement of the matters In dispute
within 72 hours of the completion of Step 1 or the appropriate Manager, Employee Relations
being notified of a dispute involving other than local Issues.
STEP 3: If the dispute remains unresolved, each party to the dispute shall advise In writing of
their respective positions and negotiations about the dispute will be held between the Employee
representative(&) or Union official, the Managing Director - Northam Beaches of KDNB or their
nominee who wlll meet and conclude their discussions within 48 hours.
STEP 4: If the dispute remains unresolved any party may refer the matter to the FWC for
conciliation. If conclllatlon does not resolve the dispute the matter shall be arbitrated by the FWC
provided that arbitration is limited to disputes that involve matters listed in sub-clause 22.2 of this
procedure. ·
22.4 If it is decided to refer the matter to the FWC, the referral must take place within 72 hours,
excluding weekends and public holidays, of completing Step 3. A copy of the notification must be
forwarded to all relevant parties to the dispute.
22.5 The parties to the dispute may extend the timeframe of Steps 2 - 4 by agreement. Such agreement
shall be confirmed in writing.
22.6 The tlmeframes in Steps 1 to 4 above are exclusive of weekends and public holidays.
22.7 While a dispute Is being dealt with under one of the preceding paragraphs in this clause work must
continue without disruption. Until determined at first instance by the FWC, work practices, which
existed prior to the dispute, shall apply, except where they involve the appllcatlon of provisions in
an industrlal Instrument or where they involve a genuine, serious and immediate risk to the health
and safety of any person that would prevent the work practices from being carried out.
22.8 The parties acknowledge that, where a dispute involves a matter where a genuine, serious and
immediate risk is posed to the health or safety of any person, It may not be practlcal to follow the
procedures In this clause In attempting to resolve the dispute; and that an urgent reference to
Page 14 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 b) The Employer will meet with the affected Employees and their Employee Representatives and discuss the effects of the changes on the Employee(s) concerned and measures proposed to avoid or otherwise minimise any possible adverse impact on affected Employees. The Employee(s) will be given an opportunity and reasonable time to provide Input and discuss the proposed change with their Employee Representatives, to consider the change and respond to any proposed changes. d) The Employer will respond to any feedback provided by Employees and their Employee Representatives. 21.5 The Employer shall consult with Employees, Employee Representatives and other parties to this Agreement prior to the introduction of any technological change that impact on the working arrangements of Employees. Where matters cannot be resolved through the consultative process any party may utilise the Dispute Settlement Procedure at Clause 22. 22 Dispute Settlement Procedures 22.1 The partles recognise that disputes can differ widely in nature, and can take different lengths of time to resolve, but the purpose of this procedure is to ensure that disputes are resolved as quickly and as close to the source of the Issue as possible. This procedure requires that there is a resolution to disputes and that while the procedure is being followed, work continues normally. 22.2 A dispute can arise over any Issue that directly affects the Interests of any of the partles. 22.3 Any dispute between the Employer and Employee(s) or the Employee's Representative shall be resolved according to the following steps: STEP 1: Where a dispute arises it shall be raised in the first instance in writing by the Employee(s) or their Union delegate directly with the local supervisor/manager. The local supervisor/manager shall provide a written response to the Employee(s) or their Union delegate concerning the dispute within 48 hours advising them of the action being taken. STEP 2: If the dispute remains unresolved, or If the dispute Involves matters other than local issues, the appropriate Manager, Employee Relations or their nominee, a divisional management representative and the Employee(s) and/or the Employee(s) representative, Union delegate or official shall confer and take appropriate action to arrive at a settlement of the matters In dispute within 72 hours of the completion of Step 1 or the appropriate Manager, Employee Relations being notified of a dispute involving other than local Issues STEP 3: If the dispute remains unresolved, each party to the dispute shall advise In writing of their respective positions and negotiations about the dispute will be held between the Employee representative(s) or Union official, the Managing Director - Northern Beaches of KDNB or their nominee who will meet and conclude their discussions within 48 hours. STEP 4: If the dispute remains unresolved any party may refer the matter to the FWC for conciliation. If conciliation does not resolve the dispute the matter shall be arbitrated by the FWC provided that arbitration is limited to disputes that involve matters listed in sub-clause 22.2 of this procedure. 22.4 If it is decided to refer the matter to the FWC, the referral must take place within 72 hours, excluding weekends and public holidays, of completing Step 3. A copy of the notification must be forwarded to all relevant parties to the dispute. 22.5 The parties to the dispute may extend the timeframe of Steps 2 - 4 by agreement. Such agreement shall be confirmed in writing. 22.6 The timeframes In Steps 1 to 4 above are exclusive of weekends and public holidays. 22.7 While a dispute is being dealt with under one of the preceding paragraphs in this clause work must continue without disruption. Until determined at first instance by the FWC, work practices, which existed prior to the dispute, shall apply, except where they involve the application of provisions in an industrial Instrument or where they involve a genuine, serious and immediate risk to the health and safety of any person that would prevent the work practices from being carried out. 22.8 The parties acknowledge that, where a dispute involves a matter where a genuine, serlous and immediate risk is posed to the health or safety of any person, It may not be practical to follow the procedures In this clause In attempting to resolve the dispute; and that an urgent reference to Page 14 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
SafeWork NSW may be required.
23 Rights of Union Delegates
23.1 For the purposes of:
• ensuring compliance by the parties with the terms of this Agreement; and
• facilitating discussions concerning matters pertaining to the employment relationship
between the Employer and Employees covered by this Agreement, and their
representatives:
23.1.1 an Employee elected or appointed as a delegate wlll, upon notification to the
Employer, be recognised as the Accredited Representative of the Union to which they
belong;
23.1.2 an Accredited Delegate shall be allowed the necessary time during working hours to
consult with the Employer or Its representative on matters affecting Employees;
23.1.3 subject to the prior approval of the Delegate's supervisor, an Accredited Delegate shall
be allowed a reasonable period of time during working hours to consult with individual
members regarding matters affecting them or to consult with other Delegates:
23.1.4 the general nature of the matters affecting Employees and the probable time of
absence should be Indicated to the supervisor;
23.1.5 Employee representatives (including accredited delegates) who request to attend
dispute resolution training will be released from duty without loss of pay for ordinary
hours for up to five days per annum (this does not accrue from year to year) to attend
such training subject to the followlng:
• The request to attend training is in writing tithe Head of Human Resources,
• Attendance at such training is subject to operatlonal requirements;
All costs associated with such training are borne by the employee representative;
23.1.6 Delegates will be provided with reasonable access to a phone, computer, Internet and
a notice board;
23.1.7 each Union will periodically supply a list of Delegates and contact numbers to the
F'rincipal Manager, Employee Relations.
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KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SafeWork NSW may be required. 23 Rights of Union Delegates 23.1 For the purposes of: · ensuring compliance by the parties with the terms of this Agreement; and · facilitating discussions concerning matters pertaining to the employment relationship between the Employer and Employees covered by this Agreement, and their representatives: 23.1.1 an Employee elected or appointed as a delegate will, upon notification to the Employer, be recognised as the Accredited Representative of the Union to which they belong; 23.1.2 an Accredited Delegate shall be allowed the necessary time during working hours to consult with the Employer or its representative on matters affecting Employees; 23.1.3 subject to the prior approval of the Delegate's supervisor, an Accredited Delegate shall be allowed a reasonable perlod of time during working hours to consult with individual members regarding matters affecting them or to consult with other Delegates; 23.1.4 the general nature of the matters affecting Employees and the probable time of absence should be Indicated to the supervisor; 23.1.5 Employee representatives (including accredited delegates) who request to attend dispute resolution training will be released from duty without loss of pay for ordinary hours for up to five days per annum (this does not accrue from year to year) to attend such training subject to the following: . The request to attend training is in writing tithe Head of Human Resources, · Attendance at such training is subject to operational requirements; All costs associated with such training are borne by the employee representative; 23.1.6 Delegates will be provided with reasonable access to a phone, computer, Internet and a notice board; 23.1.7 each Union will periodically supply a list of Delegates and contact numbers to the Principal Manager, Employee Relations. Page 15 of 60
l(DNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
SECTION 1 D - EMPLOYMENT RELATIONSHIP
24 Types of Employment
Full-Time ·Employees
24.1 A Full-Time Employee is an Employee other than a Casual or Part-Time Employee employed to
work the minimum ordinary hours applicable to that classification as prescribed In this Agreement.
24.2 See Clauses 61 and 95 for the prescrtbed ordinary hours.
Part-Time Employees
24.3 A Part-Time Employee is one employed to work fewer ordinary hours than the on:tlnary hours
worked by a Full-Time Employee performing duties of the same classification and grade.
24.4 The number of hours worked shall not be less than three hours per day.
24.5 The work arrangement shall be subject to a Part-Time Work Agreement between the Employer
and the Employee, which includes but Is not llmlted to the numbers of hours to be worked by the
Employee, the days on which they wlll be worked and the commencing and finishing times for
work. Variations to the Part-Time Work Agreement may be made by consent and In writing,
between the Employer and the Employee from time to time.
24.6 Except In cases of exceptional circumstances, Part-Time Employees shall not be required to work
beyond their rostered hours.
24.7 Where an Employee Is requested to work beyond their rostered hours, such work shall not be
performed without the genuine consent of the Employee.
24.8 All time worked In excess of the hours as mutually arranged wlll be overtime and paid for at the
rate prescribed In this Agreement.
24.9 A Part-Time Employee shall be entitled to receive the same Annual Leave, Annual Leave loading,
Long Service Leave and other Agreement benefits as those provided for Full-Time Employees in
the same classlflcatlon and grade on a pro rate basis. In relation to expense related allowances,
the Part-Time Employee will receive entitlements specified In the relevant clauses of this
Agreement.
Casual Employees
24.1 O A Casual Employee Is engaged to work on an hourly or daily basis.
24.11 Where staff shortages are of a short duration, Casual Employees may be employed to cover such
absences. Such Employees shall be paid by the hour and receive a 20% loading which wlll be In
lleu of Agreement entitlements to overtime and paid leave.
24.12 A Casual Employee shall be notified at the end of the day If their services are not required on the
next working day.
Temporary Employee•
24.13 A Temporary Employee Is an Employee, not already In the service of the employer, who is
recruited to fill a permanent or temporary position on a temporary basis for a maximum period of
two years, or up to three years for a special project or a specific reason.
24.14 A Temporary Employee shall be entitled to the same salary and conditions as permanent
Employees in the same classification, unless otherwise prescribed by this Agreement.
25 Temporary Appointments
25.1 The Employer may engage a Temporary Employee, or an existing Employee on a temporary
appointment, for a period of two years In normal circumstances or of up to three years for a special
project or a specific reason.
25.2 The Employer may 1111 a permqnent position which Is vacant with a Temporary Employee, or an
existing Employee by way of secondment, temporary appointment, temporary transfer or higher
duties, subject to a maximum period of three years.
26 Managing Sick Leave Related Absences
26.1 The parties have agreed to implement a range of strategies to reduce average sick leave levels for
Page 16 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SECTION 1D - EMPLOYMENT RELATIONSHIP 24 Types of Employment Full-Time Employees 24.1 A Full-Time Employee is an Employee other than a Casual or Part-Time Employee employed to work the minimum ordinary hours applicable to that classification as prescribed in this Agreement. 24.2 See Clauses 61 and 95 for the prescribed ordinary hours. Part-Time Employees 24.3 A Part-Time Employee is one employed to work fewer ordinary hours than the ordinary hours worked by a Full-Time Employee performing dutles of the same classification and grade. 24.4 The number of hours worked shall not be less than three hours per day. 24.5 The work arrangement shall be subject to a Part-Time Work Agreement between the Employer and the Employee, which includes but is not limited to the numbers of hours to be worked by the Employee, the days on which they will be worked and the commencing and finishing times for work. Variations to the Part-Time Work Agreement may be made by consent and In writing, between the Employer and the Employee from time to time. 24.6 Except in cases of exceptional circumstances, Part-Time Employees shall not be required to work beyond their rostered hours. 24.7 Where an Employee is requested to work beyond their rostered hours, such work shall not be performed without the genuine consent of the Employee. 24.8 All time worked In excess of the hours as mutually arranged will be overtime and paid for at the rate prescribed in this Agreement. 24.9 A Part-Time Employee shall be entitled to receive the same Annual Leave, Annual Leave loading, Long Service Leave and other Agreement benefits as those provided for Full-Time Employees in the same classification and grade on a pro rata basis. In relation to expense related allowances, the Part-Time Employee will receive entitlements specified In the relevant clauses of this Agreement. Casual Employees 24.10 A Casual Employee is engaged to work on an hourly or daily basis. 24.11 Where staff shortages are of a short duration, Casual Employees may be employed to cover such absences. Such Employees shall be paid by the hour and receive a 20% loading which will be In lieu of Agreement entitlements to overtime and paid leave. 24.12 A Casual Employee shall be notified at the end of the day If their services are not required on the next working day. Temporary Employees 24.13 A Temporary Employee is an Employee, not already in the service of the Employer, who is recruited to fill a permanent or temporary position on a temporary basis for a maximum period of two years, or up to three years for a special project or a specific reason. 24.14 A Temporary Employee shall be entitled to the same salary and conditions as permanent Employees in the same classification, unless otherwise prescribed by this Agreement. 25 Temporary Appointments 25.1 The Employer may engage a Temporary Employee, or an existing Employee on a temporary appointment, for a period of two years In normal circumstances or of up to three years for a special project or a specific reason. 25.2 The Employer may fill a permanent position which is vacant with a Temporary Employee, or an existing Employee by way of secondment, temporary appointment, temporary transfer or higher duties, subject to a maximum period of three years. 26 Managing Sick Leave Related Absences 26.1 The parties have agreed to implement a range of strategies to reduce average sick leave levels for Page 16 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
Employees covered under this Agreement and have committed to achieving the following agreed
target levels:
• Salaried Operational Officers R 9 days per year
• Salaried Administration Officers R 6 days per year
• Senior Officers R 6 days per year.
26.2 The Strategies to be Implemented wlll Include, but are not limited to, the followlng:
26.2.1 a maximum number of five sick leave days which are not supported by a medlcal
certificate allowed per year;
26.2.2
(a)
(b)
(c)
(d)
(e)
(f)
payment of sick leave being provisional on an Employee:
reporting the absence appropriately (i.e. as soon as reasonably practicable and provision
of agreed informatlon);and
If required, providing information such as the nature of illness or injury and the estimated
duration of the absence (where an Employee is concerned about disclosing the nature of
the illness to their manager, they may elect to have the appllcatlon for sick leave dealt
with confidentially by an alternative manager, a Health and Safety Officer or member of
the People and Culture Division);
back dated medical certificates will only be accepted at the sole discretion of the Employer
based on the individual circumstances, including the Employee's absence history;
the Employer will have sole discretion to accept other forms of evidence to satisfy that an
Employee had a genuine Illness based on the individual circumstances including the
Employee's absence history;
Employees being placed on an absence management program may be required to
provide a medical certificate for all sick leave absences, based on the individual
circumstances including the Employee's absence history,
a requirement that any Employee on long term sick leave may be required by the
Employer to participate in a Return to Work Program.
26.3 For the purpose of this clause Unacceptable Attendance Pattern means any pattern of absence,
which the Employee's manager, on reasonable grounds, believes warrants the Employee being
placed on an Absence Management Program, and Includes, but Is not limited to:
a) fallure to produce a medical certificate or other satisfactory evidence to support an
absence where the Employee was under an obligation to do so;
b) a pattern of unplanned absences predominately on particular days of the week or during
particular times of the year;
c) a high number of one to two~ay unplanned absences, partlcularly for different reasons:
d) a pattern of unplanned sick leave immediately following or preceding RDOs, ADOs, Public
Holidays or Annual Leave:
e) unplanned absence on a day which an Employee sought as a day off, but which was not
approved:
f) unplanned absences on special events:
g) Four or more absences (particularly slngle day absences), In a fourRmonth period.
26.4 The parties agree that In order to give full effect to the provisions of this clause that:
26.4.1 Employees covered by this Agreement are under strict obligations to effectively
manage their absence In order to achieve the targeted reduction in Sick Leave: and
26.4.2 The Unions party to this Agreement wlll work coRoperatively with the Employer to
ensure the Implementation and success of the Absence Management Procedures
outllned In this clause and achievement of the targeted reductions In average Sick
Leave levels.
26.5 Absence Management Program Step 1 - Preliminary Discussion
Page 17 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 Employees covered under this Agreement and have committed to achieving the following agreed target levels: · Salaried Operational Officers - 9 days per year · Salaried Administration Officers - 6 days per year · Senior Officers - 6 days per year. 26.2 The Strategies to be Implemented will Include, but are not limited to, the following: 26.2.1 a maximum number of five sick leave days which are not supported by a medical certificate allowed per year; 26.2.2 payment of sick leave being provisional on an Employee: (a) reporting the absence appropriately (i.e. as soon as reasonably practicable and provision of agreed information);and (b) if required, providing information such as the nature of illness or injury and the estimated duration of the absence (where an Employee is concerned about disclosing the nature of the illness to their manager, they may elect to have the application for sick leave dealt with confidentially by an alternative manager, a Health and Safety Officer or member of the People and Culture Division); (c) back dated medical certificates will only be accepted at the sole discretion of the Employer based on the individual circumstances, including the Employee's absence history; (d) the Employer will have sole discretion to accept other forms of evidence to satisfy that an Employee had a genuine illness based on the individual circumstances including the Employee's absence history; (e) Employees being placed on an absence management program may be required to provide a medical certificate for all sick leave absences, based on the individual circumstances including the Employee's absence history, (f) a requirement that any Employee on long term sick leave may be required by the Employer to participate in a Return to Work Program. 26.3 For the purpose of this clause Unacceptable Attendance Pattern means any pattern of absence, which the Employee's manager, on reasonable grounds, believes warrants the Employee being placed on an Absence Management Program, and includes, but Is not limited to: a) fallure to produce a medical certificate or other satisfactory evidence to support an absence where the Employee was under an obligation to do so; b) a pattern of unplanned absences predominately on particular days of the week or during particular times of the year; c) a high number of one to two-day unplanned absences, particularly for different reasons; d) a pattern of unplanned sick leave immediately following or preceding RDOs, ADOs, Public Holidays or Annual Leave; e) unplanned absence on a day which an Employee sought as a day off, but which was not approved; f) unplanned absences on special events; g) Four or more absences (particularly single day absences), In a four-month period. 26.4 The parties agree that In order to give full effect to the provisions of this clause that: 26.4.1 Employees covered by this Agreement are under strict obligations to effectively manage their absence In order to achieve the targeted reduction in Sick Leave; and 26.4.2 The Unions party to this Agreement will work co-operatively with the Employer to ensure the implementation and success of the Absence Management Procedures outlined In this clause and achievement of the targeted reductions In average Sick Leave levels. 26.5 Absence Management Program Step 1 - Preliminary Discussion Page 17 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
26.5.1 The Employee will be interviewed by their supervisor or manager regarding any
apparent unacceptable attendance pattern. Reasons for the absence history may be
explored. Further medlcal Investigation and referrals may be required at this stage.
26.5.2 If, following discussion and any necessary further Investigation, the Employee's
manager remains unsatisfied with the attendance pattern, the Employee wlll be
advised In writing that should there be no Improvement In their attendance pattern,
they wlll be placed on an Absence Management Program. However, In exceptional
circumstances, an Employee may be placed on an Absence Management Program at
this point.
26.6 Absence Management Program Step 2 - Placement on program
26.6.1 Should an Employee's attendance pattern remain unsatisfactory, the Employee will
again be Interviewed by their manager. If, following the further interview, the
Employee's manager remains unsatisfied with the attendance pattern, the Employee
will be placed on an Absence Management Program which will include the following:
(a) all unplanned absence due to personal illness or injury will need to be medically
supported while the Employee remains on an Absence Management Program:
(b) regular review meetings between the manager and Employee as required;
(c) any unplanned absence will require approval and until the Employee has applled
for leave, been interviewed by their manager and the leave has been approved,
any unplanned absence will be treated as unauthortsed leave and may lead to
dlsclpllne action:
(d) medical examination by a KDNB nominated doctor as required, including when
reporting unplanned absences due to personal Illness or injury;
(e) written confirmation of placement on the Absence Management Program and
advice that a continuing unacceptable attendance pattern, including the taking of
any unauthorised leave, may result In further disciplinary action leading to
termination of employment.
26.7 Absence Management Program-Step 3
26.7.1 Where an Employee's attendance pattern remains unacceptable, following
implementation of steps 1 and 2, formal disciplinary action may be commenced
against the Employee. However, dlsclpllnary action may be commenced at any time
prior to Step 3, in the event of unauthorised absences or failure to comply with any
direction issued under the Absence Management Program.
26.8 Continuous Review
26.8.1 An Employee placed on an Absence Management Program will be subject to
continuous review, and may be removed from the Absence Management Program, at
any time, following demonstrated improvement in their attendance pattern.
26.8.2 Employees will be advised in writing of the decision to remove them from the Absence
Management Program. However, should the employee again come under notice for an
unacceptable attendance pattern, the Employee may be placed back on an Absence
Management Program.
27 Commitment to Business Reforms
27.1 The parties acknowledge the need for continuous change and reform to support KDNB's
operations.
27.2 Flexible use of the temporary employment provisions In this Agreement to enable KDNB to reduce,
where appropriate, reliance on contractors, consultants and agency temporary staff.
27.3 Any reform or restructuring shall be dealt with In accordance with the consultative mechanisms
and dispute resolution provisions of this Agreement.
27 .4 The parties acknowledge that:
27 .4.1 Part-Time and Casual Employees will not be used to disadvantage redeployment
opportunities for existing Employees;
Page 18 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 26.5.1 The Employee will be interviewed by their supervisor or manager regarding any apparent unacceptable attendance pattern. Reasons for the absence history may be explored. Further medical investigation and referrals may be required at this stage. 26.5.2 If, following discussion and any necessary further investigation, the Employee's manager remains unsatisfied with the attendance pattern, the Employee will be advised In writing that should there be no Improvement in their attendance pattern, they will be placed on an Absence Management Program. However, In exceptional circumstances, an Employee may be placed on an Absence Management Program at this point. 26.6 Absence Management Program Step 2 - Placement on program 26.6.1 Should an Employee's attendance pattern remain unsatisfactory, the Employee will again be interviewed by their manager. If, following the further interview, the Employee's manager remains unsatisfied with the attendance pattern, the Employee will be placed on an Absence Management Program which will include the following: (a) all unplanned absence due to personal illness or injury will need to be medically supported while the Employee remains on an Absence Management Program; (b) regular review meetings between the manager and Employee as required; (c) any unplanned absence will require approval and until the Employee has applied for leave, been interviewed by their manager and the leave has been approved, any unplanned absence will be treated as unauthorised leave and may lead to discipline action; (d) medical examination by a KDNB nominated doctor as required, including when reporting unplanned absences due to personal illness or injury; (e) written confirmation of placement on the Absence Management Program and advice that a continuing unacceptable attendance pattern, including the taking of any unauthorised leave, may result in further disciplinary action leading to termination of employment. 26.7 Absence Management Program - Step 3 26.7.1 Where an Employee's attendance pattern remains unacceptable, following implementation of steps 1 and 2, formal disciplinary action may be commenced against the Employee. However, disciplinary action may be commenced at any time prior to Step 3, in the event of unauthorised absences or failure to comply with any direction issued under the Absence Management Program. 26.8 Continuous Review 26.8.1 An Employee placed on an Absence Management Program will be subject to continuous review, and may be removed from the Absence Management Program, at any time, following demonstrated improvement in their attendance pattern. 26.8.2 Employees will be advised in writing of the decision to remove them from the Absence Management Program. However, should the employee again come under notice for an unacceptable attendance pattern, the Employee may be placed back on an Absence Management Program. 27 Commitment to Business Reforms 27.1 The parties acknowledge the need for continuous change and reform to support KDNB's operations. 27.2 Flexible use of the temporary employment provisions in this Agreement to enable KDNB to reduce, where appropriate, reliance on contractors, consultants and agency temporary staff 27.3 Any reform or restructuring shall be dealt with in accordance with the consultative mechanisms and dispute resolution provisions of this Agreement. 27.4 The parties acknowledge that: 27.4.1 Part-Time and Casual Employees will not be used to disadvantage redeployment opportunities for existing Employees; Page 18 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
27.4.2 Prtortty will be given to retraining and redeployment; and
27.4.3 There is no commitment to predetermined levels of overtime or shift work
arrangements and the Employer will determine whether overtime is to be worked on an
as needs basis, whlle shifts are determined by operational requirements.
28 Use of Ellglblllty Lists
28.1 When a vacant position is advertised the Employer may, in connection with a determination of the
merit of the persons ellglble for appointment to the position, create an Ellglblllty 11st for the position.
28.2 An Eligibility list for a position is a list of eligible applicants (namely the persons who duly applied
for appointment to the position and who are eligible for appointment but not selected for
appointment were considered suitable to the position but were not offered a position) arranged In
order of merit (with merit determined by the Employer).
28.3 An Ellgtbillty list for a position remains current for 12 months after the 11st was created and may or
may not be used to flll future vacancies.
28.4 An Etlgibltity 11st need not comprise all the ellgtble applicants so tong as the 11st contains the
applicant or applicants of greatest merit.
28.5 An Ellglblllty 11st Is appllcable not only to the position in relation to which it was created ("the
relevant position•) but also:
28.5.1 to any other position that the employer determines the list should be applicable to on
the basis that the other position Is substantlalty the same as the relevant position, and
28.5.2 to any other position in a subsidiary corporation of KDNB that the employer determines
the 11st should be applicable to on the basis that the other position Is substantially the
same as the relevant position, and
28.5.3 to a permanent position where the relevant position was a temporary position.
28.6 A determination by the Employer to fill a vacancy In accordance with this clause may be made at
any time during the currency of the Eligibility list.
28.7 In deciding to appoint a person to a vacant position that has not been advertised In accordance
with this clause, the Employer may select from among the persons who are on an Eligibility list that
is current and applicable to the position (and who are available for appointment), the person with
the greatest merit according to the order of merit in the Eligibility list.
29 Employee Dlsclpllne
29.1 Where an Employee Is the subject of a prellmlnary investigation by the Employer which may result
in the institution of disciplinary proceedings (Proceedings) or where proceedings have been
commenced in respect of an Employee, the Employer shalt make all reasonable endeavors to
complete the Investigation or proceedings In a timely manner, provided that:
29.1.1 Any preliminary investigation or proceedings are completed no later than three months
(the Specified Period) from the date on which the matter which gave rise to the
investigation or proceedings, became known to the employer; and
29.1.2 Where It is not reasonably practicable to complete a preliminary investigation or
proceedings within the specified period, the Employer will advise the affected
Employee in writing:
29.1.2.1 that it will not be posslble to complete the preliminary investigation or the
proceedings within the specified period;
29.1.2.2 to the extent that It does not breach the confidentiality or integrtty of the
preliminary investigation or proceedings, the reason/a why it wlll not be
possible to complete the investigation or proceedings within the specified
period;
29.1.2.3 of the time period In which the Employer reasonably expects to complete
the preliminary investigation or proceedings.
30 Abandonment of Employment
30.1 Where an Employee, within a period of 28 calendar days from their last day of scheduled
Page 19 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 27.4.2 Priority will be given to retraining and redeployment; and 27.4.3 There is no commitment to predetermined levels of overtime or shift work arrangements and the Employer will determine whether overtime is to be worked on an as needs basis, while shifts are determined by operational requirements. 28 Use of Eligiblilty Lists 28.1 When a vacant position is advertised the Employer may, in connection with a determination of the merit of the persons eligible for appointment to the position, create an Eligibility list for the position. 28.2 An Eligibility list for a position is a list of eligible applicants (namely the persons who duly applied for appointment to the position and who are eligible for appointment but not selected for appointment were considered suitable to the position but were not offered a position) arranged in order of merit (with merit determined by the Employer). 28.3 An Eligibility list for a position remains current for 12 months after the list was created and may or may not be used to fill future vacancies. 28.4 An Eligibility list need not comprise all the eligible applicants so long as the list contains the applicant or applicants of greatest merit. 28.5 An Eligibility list is applicable not only to the position in relation to which it was created ("the relevant position") but also: 28.5.1 to any other position that the employer determines the list should be applicable to on the basis that the other position Is substantially the same as the relevant position, and 28.5.2 to any other position in a subsidiary corporation of KDNB that the employer determines the list should be applicable to on the basis that the other position is substantially the same as the relevant position, and 28.5.3 to a permanent position where the relevant position was a temporary position. 28.6 A determination by the Employer to fill a vacancy In accordance with this clause may be made at any time during the currency of the Eligibility list. 28.7 In deciding to appoint a person to a vacant position that has not been advertised in accordance with this clause, the Employer may select from among the persons who are on an Eligibility list that is current and applicable to the position (and who are available for appointment), the person with the greatest merit according to the order of merit in the Eligibility list. 29 Employee Discipline 29.1 Where an Employee is the subject of a preliminary investigation by the Employer which may result in the institution of disciplinary proceedings (Proceedings) or where proceedings have been commenced in respect of an Employee, the Employer shall make all reasonable endeavors to complete the investigation or proceedings In a timely manner, provided that: 29.1.1 Any preliminary investigation or proceedings are completed no later than three months (the Specified Period) from the date on which the matter which gave rise to the investigation or proceedings, became known to the employer; and 29.1.2 Where it is not reasonably practicable to complete a preliminary investigation or proceedings within the specified period, the Employer will advise the affected Employee in writing: 29.1.2.1 that it will not be possible to complete the preliminary investigation or the proceedings within the specified period; 29.1.2.2 to the extent that it does not breach the confidentiality or integrity of the preliminary investigation or proceedings, the reason/s why it will not be possible to complete the investigation or proceedings within the specified perlod; 29.1.2.3 of the time period in which the Employer reasonably expects to complete the preliminary investigation or proceedings. 30 Abandonment of Employment 30.1 Where an Employee, within a period of 28 calendar days from their last day of scheduled Page 19 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
attendance for work, falls to establish, to the satisfaction of the Employer, that their absence is for
a reasonable cause, the Employee wlll be deemed to have abandoned their employment.
30.2 Prior to employment being deemed to be abandoned, the following procedure will be applied by
the Employer:
30.2.1 The Employer wlll forward a latter (the First Letter) to the last known home address of
the Employee requesting the Employee contact the employer, within seven days of the
date of service of the First Letter, and provide a satisfactory explanatlon for their
absence.
30.2.2 Where an Employee contacts the Employer and claims their absence is due to Illness
or injury, the Employer wlll allow a period of seven days from the date of service of the
First Letter for the Employee to supply a medical certlflcate/s supporting the whole of
the absence.
30.2.3 Where the Employee fails to acknowledge the First Letter or no satisfactory
explanation or supporting medical certificate/s supporting the whole of the absence is
provided by the Employee to the Employer, a second letter (the Second Letter) will ba
sent-to the Employee advising the Employee to contact the Employer within seven
days of service of the Second Letter.
30.2.4 The Second Letter shall Include advice to the Employee that their employment will be
deemed to have been abandoned if they continue to fall to attend for work or fail to
provide a satisfactory explanation or medical certificate/s supporting the whole of the
absence.
30.3 For the purpose of this clause service of the First Letter and or Second Letter will be effected by
means of either personal service, registered mall or by leaving the letter at the last address
nominated by the Employee to the Employer as their home address.
Page 20 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 attendance for work, falls to establish, to the satisfaction of the Employer, that their absence is for a reasonable cause, the Employee will be deemed to have abandoned their employment 30.2 Prior to employment being deemed to be abandoned, the following procedure will be applied by the Employer: 30.2.1 The Employer will forward a letter (the First Letter) to the last known home address of the Employee requesting the Employee contact the employer, within seven days of the date of service of the First Letter, and provide a satisfactory explanation for their absence. 30.2.2 Where an Employee contacts the Employer and claims their absence is due to Illness or injury, the Employer will allow a period of seven days from the date of service of the First Letter for the Employee to supply a medical certificate/s supporting the whole of the absence. 30.2.3 Where the Employee fails to acknowledge the First Letter or no satisfactory explanation or supporting medical certificate/s supporting the whole of the absence is provided by the Employee to the Employer, a second letter (the Second Letter) will be sent to the Employee advising the Employee to contact the Employer within seven days of service of the Second Letter. 30.2.4 The Second Letter shall include advice to the Employee that their employment will be deemed to have been abandoned if they continue to fail to attend for work or fail to provide a satisfactory explanation or medical certificate/s supporting the whole of the absence. 30.3 For the purpose of this clause service of the First Letter and or Second Letter will be effected by means of either personal service, registered mall or by leaving the letter at the last address nominated by the Employee to the Employer as their home address. Page 20 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
SECTION 1 E - LEAVE
31 Personal Leave
31.1 Personal Leave consists of the following three types of leave: Sick Leave, Carer's Leave and
Compassionate/Bereavement Leave.
31.2 Paid Personal Leave will be available to an Employee when they are absent duet:
• personal Illness or Injury (Sick Leave);or
• for the purposes of caring for an immediate family or household member that Is sick and
requires the Employee's care and support (Carer's Leave);or
• because of bereavement on the death of an Immediate family or household member
(Compassionate/Bereavement leave).
31.3 All Employees, other than casual Employees, will be entitled to personal leave in accordance with
this clause. Entitlements for Part-Time Employees will be calculated on a pro rata basis.
31.4 This clause is to be read in conjunction with Clause 26 - Managing Sick Leave Related Absences.
31.5 For the purpose of this clause:
Immediate Famlly means:
The staff member being responslble for the care and support of the person concerned; and the
person concerned being:
• a spouse of the staff member; or
• a de facto spouse being a person who lives with the Employee as the Employee's partner
on a bona fide domestic basis although not legally married to the Employee; or
• a child or an adult child (including an adopted child, a step child, a foster chlld or an ex
nuptial child), parent (lncludlng a foster parent or legal guardian), grandparent, grandchild
or slbilng of the staff member or of the spouse or de facto spouse of the staff member; or
• a relatlve of the staff member 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 the other;
and
• "household" means a famlly group llvlng In the same domestic dwelling.
Year means:
• the period of 12 months from 1 January to 31 December inclusive.
Current Paid Sick Leave means:
• Paid Sick Leave which has accrued to an Employee's credit in the current calendar year
which has not been cleared by the Employee as Paid Sick Leave.
Accumulated Paid Sick Leave means:
• Paid Sick Leave which accrued to an Employee's credit in any previous calendar year
which has not bean cleared by the Employee as paid sick leave.
Paid Sick Leave
31.6 Employees are entltled to 15 days of paid sick leave per year, except:
• For Salaried and Senior Officers who commenced employment with the employer after 9
May 2006, the following scale will apply:
• Up to seven years service: 1 O days per annum.
31.7 Paid Sick Leave will be credited on a pro rate basis in the first year of service.
31.8 Sick Leave not used In any year shall accumulate.
Page 21 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SECTION 1E - LEAVE 31 Personal Leave 31.1 Personal Leave consists of the following three types of leave: Sick Leave, Carer's Leave and Compassionate/Bereavement Leave. 31.2 Paid Personal Leave will be available to an Employee when they are absent duet: · personal iliness or Injury (Sick Leave);or for the purposes of caring for an immediate family or household member that is sick and requires the Employee's care and support (Carer's Leave);or because of bereavement on the death of an Immediate family or household member (Compassionate/Bereavement leave). 31.3 All Employees, other than casual Employees, will be entitled to personal leave in accordance with this clause. Entitlements for Part-Time Employees will be calculated on a pro rata basis. 31.4 This clause is to be read in conjunction with Clause 26 - Managing Sick Leave Related Absences. 31.5 For the purpose of this clause: Immediate Family means: The staff member being responsible for the care and support of the person concerned; and the person concerned being: a spouse of the staff member; or a de facto spouse being a person who lives with the Employee as the Employee's partner on a bona fide domestic basis although not legally married to the Employee; or · a child or an adult child (including an adopted child, a step child, a foster child or an ex- nuptial child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the staff member or of the spouse or de facto spouse of the staff member; or a relative of the staff member 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 the other; and . "household" means a family group living In the same domestic dwelling. Year means: . the period of 12 months from 1 January to 31 December inclusive. Current Pald Sick Leave means: . Paid Sick Leave which has accrued to an Employee's credit in the current calendar year which has not been cleared by the Employee as Paid Sick Leave. Accumulated Pald Sick Leave means: Paid Sick Leave which accrued to an Employee's credit in any previous calendar year which has not been cleared by the Employee as paid sick leave. Pald Sick Leave 31.6 Employees are entitled to 15 days of pald sick leave per year, except: . For Salaried and Senior Officers who commenced employment with the employer after 9 May 2006, the following scale will apply: · Up to seven years service: 10 days per annum. 31.7 Pald Sick Leave will be credited on a pro rata basis in the first year of service. 31.8 Sick Leave not used In any year shall accumulate. Page 21 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
31.9 An Employee Is entitled to use accumulated Personal Leave for the purposes of Sick Leave where
the current year's Sick Leave entitlement has been exhausted.
31.1 O The Employee must, if required by the Employer, establish by produdion of a medical certificate or
statutory declaratlon, that the Employee was unable to work because of injury or personal illness.
Carer'• Leave
31.11 Paid Carer's Leave is deduded from paid Sick Leave.
31.12 The entitlement to use up to a maximum of ten days per year paid Sick Leave, as paid Carer's
Leave, does not accumulate from year to year.
31.13 An Employee may eled, with the consent of the Employer, to take unpaid leave as Carer's Leave.
31.14 Paid and unpaid Carer's Leave may be taken for part of a single day.
31.15 An Employee's entitlement to use paid or unpaid Carer's Leave Is subjad to the following:
(a) the Employee having responsibilities In relation to either members of their Immediate
family or household who need their care and support when they are ill; and
(b) the Employee being responsible for the care of the parson concerned.
31.16 The Employee must establish by production of a medical certificate or statutory declaration, the
Illness of the person concerned and that the Illness Is such as to require care by another, provided
that:
31.16.1 The Employer may require an Employee to provide a medical certificate to support the
appllcation for Carer's Leave where:
• the period of Carer's Leave applied for exceeds or extends over a continuous period of
three or more days on any occasion; or
• the Employee has exhausted all paid Carer's Leave; or
• the Employee, within the current year, has already cleared five days paid Carer's Leave
which were not supported by the production of a medical certificate; or
• the Employee has been placed on an attendance monitoring program and direded to
supply medical certificates to support all future appllcat:lons for Sick Leave and Carer's
Leave.
31.16.2 In normal circumstances an Employee must not take Carer's Leave under this clause
where another person has taken leave to care for the same person.
31.17 The Employee must, where pradlcable, give the Employer notice prior to the absence of the
intention to take leave, the name of the person requiring care and their relatlonshlp to the
Employee, the reasons for taking such leave and the estimated length of absence. If It Is not
pradlcable for the Employee to give prior notice of absence, the Employee must notify the
Employer by telephone of such absence at the first opportunity on the day of absence.
Compa11lonate/Bereavement Leave
31.18 An Employee is entitled to up to two days paid leave on each occasion a member of the
Employee's Immediate family or household dies.
31.19 Proof of death must be provided to the satisfaction of the Employer.
32 Annual Leave
32.1 For the purposes of this clause:
• Accumulated Annual Leave means any Annual Leave accrued by an Employee prior to 1
January of the current calendar year.
• Excess Annual Leave means all Accumulated Annual Leave in exce88 of 30 days.
32.2 Annual Leave shall be allowed as provided by the National Employment Standards.
32.3 Annual Leave accrues to an Employee on a pro-rata basis over a calendar year as shown below:
Page 22 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 31.9 An Employee Is entitled to use accumulated Personal Leave for the purposes of Sick Leave where the current year's Sick Leave entitlement has been exhausted. 31.10 The Employee must, if required by the Employer, establish by production of a medical certificate or statutory declaration, that the Employee was unable to work because of injury or personal illness. Carer's Leave 31.11 Paid Carer's Leave is deducted from paid Sick Leave. 31.12 The entitlement to use up to a maximum of ten days per year paid Sick Leave, as paid Carer's Leave, does not accumulate from year to year. 31.13 An Employee may elect, with the consent of the Employer, to take unpaid leave as Carer's Leave. 31.14 Paid and unpaid Carer's Leave may be taken for part of a single day. 31.15 An Employee's entitlement to use paid or unpaid Carer's Leave Is subject to the following: (a) the Employee having responsibilities in relation to either members of thelr immediate family or household who need their care and support when they are ill; and (b) the Employee being responsible for the care of the person concerned. 31.16 The Employee must establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness Is such as to require care by another, provided that 31.16.1 The Employer may require an Employee to provide a medical certificate to support the application for Carer's Leave where: . the period of Carer's Leave applied for exceeds or extends over a continuous period of three or more days on any occasion; or . the Employee has exhausted all paid Carer's Leave; or · the Employee, within the current year, has already cleared five days paid Carer's Leave which were not supported by the production of a medical certificate; or . the Employee has been placed on an attendance monitoring program and directed to supply medical certificates to support all future applications for Sick Leave and Carer's Leave. 31.16.2 In normal circumstances an Employee must not take Carer's Leave under this clause where another person has taken leave to care for the same person. 31.17 The Employee must, where practicable, give the Employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the Employee, the reasons for taking such leave and the estimated length of absence. If it Is not practicable for the Employee to give prior notice of absence, the Employee must notify the Employer by telephone of such absence at the first opportunity on the day of absence. Compassionate/Bereavement Leave 31.18 An Employee is entitled to up to two days paid leave on each occasion a member of the Employee's Immediate famlly or household dies 31.19 Proof of death must be provided to the satisfaction of the Employer. 32 Annual Leave 32.1 For the purposes of this clause: · Accumulated Annual Leave means any Annual Leave accrued by an Employee prior to 1 January of the current calendar year. · Excess Annual Leave means all Accumulated Annual Leave in excess of 30 days. 32.2 Annual Leave shall be allowed as provided by the National Employment Standards. 32.3 Annual Leave accrues to an Employee on a pro-rata basis over a calendar year as shown below: Page 22 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
32.3.1 non-shift work Employees accrue four weeks Annual Leave per annum. This is made
up of 19 days Annual Leave and one ADO.
32.3.2 shift work Employees accrue five weeks annual leave per annum. This is made up of
24 days Annual Leave and one ADO. For the purposes of this clause, a shift worker is
a 7 day shift worker who is regularly rostered to work on Sundays and public holldays.
32.4 The parties recognise the workplace health and safety benefits of Employees proper1y taking their
ArlnualLeave.AnEmployeeholdingExcess~nualLeavemaybedlrectedbytheEmployertoclear such
leave, provided the Employee be given as nearly as practicable one month's notice of the date on
which Annual Leave Is to commence and the period to be cleared.
32.5 Except where payment has already been made In lleu of clearance where an officer, who has
acquired a right to leave with pay, retires, resigns or is dismissed before commencing or
completing such leave, shall be paid the monetary value of the leave not taken or not completed.
32.6 Except where payment has already been made in lieu of clearance where an Officer who has
acquired a right to leave with pay dies before commencing or completlng such leave, the monetary
value of the leave not taken or not completed shall be paid to their spouse or partner or if the
officer does not leave a spouse or partner to their legal personal representative.
32.7 The Employer may deduct from any moneys payable under sub-clause 32.5 the value of any loss
suffered by him for which an Officer who retires, resigns or Is dismissed irresponsible.
32.8 The Employer may approve the accumulation by an Employee of more then 30 days excess
Annual Leave, for certain purposes including, but not limited to, Parental Leave, subject to
arrangements having been made by the Employee to clear such leave.
32.9 Annual Leave Loading
• An Employee who hes been a shift worker for greeter than six months in the previous
twelve months prior to commencing Annual Leave, shall be paid a loading at the rate of 20
per cent of the appropriate weekly wage when proceeding on Annual Leave.
• Any other Employee when proceeding on Annual Leave shall be paid a loading at the rate
of 17 .5% of the appropriate weekly wage.
32.10 Loading will be paid on Annual Leave balances that have not prevlously incurred payment for
loading (e.g. STA Accumulated Annual Leave).
33 Leave for Matters Arising from Domestic and Family Violence
33.1 Employees have access to 10 days paid Domestic and Family Violence Leave par calendar year.
33.2 This leave is non-cumulatlve and able to be taken In part-days, slngla days, or consecutive days.
33.3 Leave Is to be available for Employees expertencing domestic and family violence, for purposes
lncludlng:
i. seeking safe accommodation;
ii. attending medical, legal, police or counsellng appointments relating to their
axpertance of domestic and family violence;
iii. attending court and other legal proceedings relating to their experience of domestic
and famlly vlolence;
iv. organising alternatlve care or education arrangements for their children; or
v. other related purposes approved by the Employer.
33.4 The Employer will need to be satisfied, on reasonable grounds, that Domestic and Family Violence
has occurred and may require evidence presented in the form of:
i. an agreed document issued by either Pollca Force, a Court, a Domestic Violence
Support Service or Lawyer; or
ii. a provisional, interim or final Apprehended Violence Order (AVO), certificate of
conviction or family law injunction; or
iii. a madlcal certificate.
33.5 Personal information concerning Domestic and Family Vlolence wlll be kept confidential by the
Page 23 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 32.3.1 non-shift work Employees accrue four weeks Annual Leave per annum. This is made up of 19 days Annual Leave and one ADO. 32.3.2 shift work Employees accrue five weeks annual leave per annum. This is made up of 24 days Annual Leave and one ADO. For the purposes of this clause, a shift worker is a 7 day shift worker who is regularly rostered to work on Sundays and public holldays. 32.4 The parties recognise the workplace health and safety benefits of Employees properly taking their AnnualLeave.AnEmployeeholdingExcessAnnualLeavemaybedirectedbytheEmployertoclear such leave, provided the Employee be given as nearly as practicable one month's notice of the date on which Annual Leave is to commence and the perlod to be cleared. 32.5 Except where payment has already been made in lieu of clearance where an officer, who has acquired a right to leave with pay, retires, resigns or is dismissed before commencing or completing such leave, shall be paid the monetary value of the leave not taken or not completed. 32.6 Except where payment has already been made in lieu of clearance where an Officer who has acquired a right to leave with pay dies before commencing or completing such leave, the monetary value of the leave not taken or not completed shall be paid to their spouse or partner or if the officer does not leave a spouse or partner to their legal personal representative. 32.7 The Employer may deduct from any moneys payable under sub-clause 32.5 the value of any loss suffered by him for which an Officer who retires, resigns or Is dismissed irresponsible. 32.8 The Employer may approve the accumulation by an Employee of more than 30 days excess Annual Leave, for certain purposes including, but not limited to, Parental Leave, subject to arrangements having been made by the Employee to clear such leave. 32.9 Annual Leave Loading . An Employee who has been a shift worker for greater than six months in the previous twelve months prior to commencing Annual Leave, shall be pald a loading at the rate of 20 per cent of the appropriate weekly wage when proceeding on Annual Leave. . Any other Employee when proceeding on Annual Leave shall be paid a loading at the rate of 17.5% of the appropriate weekly wage. 32.10 Loading will be paid on Annual Leave balances that have not previously incurred payment for loading (e.g. STA Accumulated Annual Leave). 33 Leave for Matters Arising from Domestic and Family Violence 33.1 Employees have access to 10 days paid Domestic and Family Violence Leave per calendar year. 33.2 This leave is non-cumulative and able to be taken in part-days, single days, or consecutive days. 33.3 Leave Is to be available for Employees experiencing domestic and family violence, for purposes including: C i. seeking safe accommodation; ii. attending medical, legal, police or counseling appointments relating to their experience of domestic and family violence; attending court and other legal proceedings relating to their experience of domestic and family violence; iv. organising alternative care or education arrangements for their children; or V. other related purposes approved by the Employer. 33.4 The Employer will need to be satisfied, on reasonable grounds, that Domestic and Family Violence has occurred and may require evidence presented in the form of: i. an agreed document issued by either Police Force, a Court, a Domestic Violence Support Service or Lawyer; or ii. a provisional, interim or final Apprehended Violence Order (AVO), certificate of conviction or family law injunction; or a medical certificate. 33.5 Personal information concerning Domestic and Family Violence will be kept confidential by the Page 23 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
Employer. The Employer will only disclose information to other parties, such as the Police Force,
where required by law.
33.6 The Employer will consider any request from an Employee experiencing Domestic and Family
Violence for:
i. changes to their hours of work;
ii. relocation to alternate locations should suitable work be available;
iii. changes to telephone, email and other contact details;
iv. changes to duties, should such changes be practical; and
v. any other reasonable measure to assist the Employee.
The approval of such requests wlll be at the Employer's discretion but will not be unreasonably
refused.
33.7 This leave entitlement can be accessed without the need to exhaust other existing leave
entitlements first.
33.8 The leave entitlement can be accessed by Temporary and Part-Time Employees on a pro
databases.
34 Long Service Leave
34.1 Long Service Leave (Extended Leave) for Employees will accrue and be granted as if section 68Q
of the Transport Administration Act 1988 (NSW), together with Schedule 1 of the Government
Sector Employment Regulation 2014 or succeeding Act applied.
34.2 Except where payment has already been made where an officer, who has acquired a right to leave
with pay, resigns or Is dismissed before commencing or complatlng such leave, shall be paid the
monetary value of the leave not taken or not completed.
34.3 Except where payment has already been made where an officer, who has acquired a right to leave
with pay dies before commencing or completing such leave, the monetary value of the leave not
taken or not completed shall be paid to their spouse or partner or if the officer does not leave a
spouse or partner to their legal personal representative.
34.4 The Employer may deduct from any moneys payable under clause 34.2 the value of any loss
suffered by him or her for which an officer who retires, resigns or is dismissed is responsible.
35 Flexlble Use of Long Service Leave
35.1 An Employee may make application to use ~ccrued Long Service Leave entitlements to provide
regular reduced working time for personal reasons.
35.2 An Employee may apply to use Long Service Leave entitlements to enable the Employee to
access for example, one day's leave per week or fortnight or one week's leave per month.
35.3 Applications for flexible use of Long Service Leave will be approved at the Employer's discretion,
taking into consideration operational and service delivery requirements.
35.4 The terms and conditions unde~ which an Employee may be permitted flexible use of Long Service
Leave are also subject to the Employer policy and procedures.
36 Parental Leave
36.1 Parental Leave includes Maternity Leave, Adoption Leave and Other Parent Leave in connection
with the birth or adoption of a child.
36.2 For the purposes of this clause 'child' means:
• a chlld of the Employee under the age of one; or
• in the case of adoption: a child under the age of five years who is placed with the
Employee for the purposes of adoption, other than a child or step-child of the Employee or
their spouse or a child who had previously contlnuously lived with the Employee for a
period of six months or more.
36.3 Maternity Leave shall apply to a pregnant Employee including a Casual Employee who has had at
Page 24 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 Employer. The Employer will only disclose information to other parties, such as the Police Force, where required by law. 33.6 The Employer will consider any request from an Employee experiencing Domestic and Family Violence for: i. changes to their hours of work; ii. relocation to alternate locations should suitable work be available; iii. changes to telephone, email and other contact details; iv. changes to dutles, should such changes be practical; and V. any other reasonable measure to assist the Employee. The approval of such requests will be at the Employer's discretion but will not be unreasonably refused. 33.7 This leave entitlement can be accessed without the need to exhaust other existing leave entitlements first. 33.8 The leave entitlement can be accessed by Temporary and Part-Time Employees on a pro- databases. 34 Long Service Leave 34.1 Long Service Leave (Extended Leave) for Employees will accrue and be granted as if section 68Q of the Transport Administration Act 1988 (NSW), together with Schedule 1 of the Government Sector Employment Regulation 2014 or succeeding Act applied. 34.2 Except where payment has already been made where an officer, who has acquired a right to leave with pay, resigns or Is dismissed before commencing or completing such leave, shall be paid the monetary value of the leave not taken or not completed. 34.3 Except where payment has already been made where an officer, who has acquired a right to leave with pay dies before commencing or completing such leave, the monetary value of the leave not taken or not completed shall be paid to their spouse or partner or if the officer does not leave a spouse or partner to their legal personal representative. 34.4 The Employer may deduct from any moneys payable under clause 34.2 the value of any loss suffered by him or her for which an officer who retires, resigns or is dismissed is responsible. 35 Flexible Use of Long Service Leave 35.1 An Employee may make application to use accrued Long Service Leave entitlements to provide regular reduced working time for personal reasons. 35.2 An Employee may apply to use Long Service Leave entitlements to enable the Employee to access for example, one day's leave per week or fortnight or one week's leave per month. 35.3 Applications for flexible use of Long Service Leave will be approved at the Employer's discretion, taking into consideration operational and service delivery requirements. 35.4 The terms and conditions under which an Employee may be permitted flexible use of Long Service Leave are also subject to the Employer policy and procedures. 36 Parental Leave 36.1 Parental Leave includes Maternity Leave, Adoption Leave and Other Parent Leave in connection with the birth or adoption of a child. 36.2 For the purposes of this clause 'child' means: · a child of the Employee under the age of one; or · in the case of adoption: a child under the age of five years who is placed with the Employee for the purposes of adoption, other than a child or step-child of the Employee or their spouse or a child who had previously continuously lived with the Employee for a period of six months or more. 36.3 Maternity Leave shall apply to a pregnant Employee including a Casual Employee who has had at Page 24 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
least twelve months continuous service, before and after the expected date of birth. Continuous
service for a casual means work on an unbroken, systematic and regular basis.
36.4 Subject to this clause and the Employer's policy, the Employee may be granted Maternity Leave
as follows:
• For a period up to 9 weeks prior to the expected date of birth; and
• For a period of up to 12 months after the actual date of birth.
36.5 Adoption Leave shall apply to an Employee lncludlng a Casual Employee who has had at least
twelve months continuous service, who Is adopting a child and who wlll be the primary carer to the
chlld. Continuous service for a casual means work on an unbroken, systematic and regular basis.
Subject to this clause and the Employer's pollcy, the Employee may be granted adoption leave for
a period of up to 12 months from the date of taking of custody of the chtld.
36.6 Where Matemlty or Adoption Leave does not apply, Other Parent Leave may be avallable to a
male or female Employee lncludlng a Casual Employee who has had at least twelve months
continuous service who will be the primary carer for his/her chlld. Continuous service for a casual
means work on an u_nbroken, systematic and regular basis. Subject to this clause and the
Employer's pollcy, the Employee may be granted Other Parent Leave for a period of up to 12
months. Other Parent Leave is unpaid, except where taken In conjunction with paid leave such as
Annual or Long Service Leave.
36.7 Parental Leave is avallabla to only one parent at a time, except that both parents may
simultaneously access the leave in the following circumstances:
• for Maternity and Other Parent Leave, an unbroken period of eight weeks at the time of the
birth of the chlld;
• for Adoption Leave, an unbroken period of eight weeks at the time of the placement of the
child.
Paid Matamity Laava and Paid Adoption Leave
36.8 An Employee other than a Casual Employee taking Maternity Leave or Adoption Leave is entitled
to payment at the ordinary rate of pay for a period of up to fourteen weeks, provided the
Employee:
• Applied for Maternity or Adoption Leave within the time and in the manner determined set
out in this clause; and
• Prior to the commencement of Maternity or Adoption Leave, completed not less than 40
weeks continuous service.
(Note: Employee taking 'Other Parent Leave' is not entitled to any payment, except for perlod(s)
of paid leave taken as part of 'Other Parent Leave').
36.9 Once all entitlements to pay have been exhausted, the balance of Maternity or Adoption Leave
shall be unpaid.
36.10 Payment for the Maternity or Adoption Leave may be made as follows:
• in a lump sum payment at the commencement of Maternity or Adoption Leave; or
• as full pay on a fortnightly basis while on Maternity or Adoption Leave; or
• as half pay on a fortnightly basis whlle on Maternity or Adoption Leave; or
• a combination of futl pay and half pay while on Maternity or Adoption Leave.
36.11 Paid Maternity or Adoption Leave shall be taken in one unbroken period and shall not be extended
by any period of public or other ho II days that occur du ring the period of the paid Matern lty or
Adoption Leave.
Access to other forms of leave
36.12 In addition to paid Parental Leave where applicable, an Employee may elect to take available
Annual Leave or Long Service Leave at the commencement or conclusion of the period of
Parental Leave, provided this does not extend the total leave period beyond the allowable period,
and that the period of unpaid Parental Leave is not broken by any paid leave.
Page 25 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 least twelve months continuous service, before and after the expected date of birth. Continuous service for a casual means work on an unbroken, systematic and regular basis. 36.4 Subject to this clause and the Employer's policy, the Employee may be granted Maternity Leave as follows: . For a period up to 9 weeks prior to the expected date of birth; and . For a period of up to 12 months after the actual date of birth. 36.5 Adoption Leave shall apply to an Employee Including a Casual Employee who has had at least twelve months continuous service, who is adopting a child and who will be the primary carer to the child. Continuous service for a casual means work on an unbroken, systematic and regular basis. Subject to this clause and the Employer's policy, the Employee may be granted adoption leave for a period of up to 12 months from the date of taking of custody of the child. 36.6 Where Maternity or Adoption Leave does not apply, Other Parent Leave may be available to a male or female Employee Including a Casual Employee who has had at least twelve months continuous service who will be the primary carer for his/her child. Continuous service for a casual means work on an unbroken, systematic and regular basis. Subject to this clause and the Employer's pollcy, the Employee may be granted Other Parent Leave for a period of up to 12 months. Other Parent Leave is unpaid, except where taken In conjunction with paid leave such as Annual or Long Service Leave. 36.7 Parental Leave is available to only one parent at a time, except that both parents may simultaneously access the leave in the following circumstances: . for Maternity and Other Parent Leave, an unbroken perlod of eight weeks at the time of the birth of the child; . for Adoption Leave, an unbroken period of eight weeks at the time of the placement of the child. Paid Maternity Leave and Paid Adoption Leave 36.8 An Employee other than a Casual Employee taking Maternity Leave or Adoption Leave is entitled to payment at the ordinary rate of pay for a period of up to fourteen weeks, provided the Employee: . Applied for Maternity or Adoption Leave within the time and in the manner determined set out in this clause; and . Prior to the commencement of Maternity or Adoption Leave, completed not less than 40 weeks continuous service. (Note: Employee taking 'Other Parent Leave' is not entitled to any payment, except for period(s) of paid leave taken as part of 'Other Parent Leave') 36.9 Once all entitlements to pay have been exhausted, the balance of Maternity or Adoption Leave shall be unpaid. 36.10 Payment for the Maternity or Adoption Leave may be made as follows: . in a lump sum payment at the commencement of Maternity or Adoption Leave; or · as full pay on a fortnightly basis while on Matemity or Adoption Leave; or · as half pay on a fortnightly basis while on Maternity or Adoption Leave; or · a combination of full pay and half pay while on Maternity or Adoption Leave. 36.11 Paid Maternity or Adoption Leave shall be taken in one unbroken period and shall not be extended by any period of public or other holidays that occur during the period of the paid Maternity or Adoption Leave. Access to other forms of leave 36.12 In addition to paid Parental Leave where applicable, an Employee may elect to take available Annual Leave or Long Service Leave at the commencement or conclusion of the period of Parental Leave, provided this does not extend the total leave period beyond the allowable period, and that the period of unpaid Parental Leave is not broken by any paid leave. Page 25 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
36.13 The accrued Annual Leave can be taken:
• in a lump sum payment at the commencement or conclusion of Parental Leave
• as full pay whlle on Parental Leave, provided It does not break up the unpaid Parental
Leave period.
36.14 The accrued Long Service Leave can be taken:
• In a lump sum payment at the commencement or concluslon of Parental Leave
• as full pay while on Parental Leave, provided it does not break up the unpaid Parental
Leave period.
• as half pay while on Parental Leave, provided it does not break up the unpaid Parental
Leave period.
• a combination of full pay and half pay, provided it does not break up the unpaid Parental
Leave period.
36.15 An Employee who takes Maternity, Adoption or Other Parent Leave must clear any Accumulated
Annual Leave entltlements In excess of 30 days before commencing any unpaid period of
Maternity, Adoption or Other Parent Leave.
Right to Request
36.16 An Employee who has been granted Parental Leave in accordance with this clause may apply to:
• extend the period of unpaid Parental Leave for a further continuous period of leave of up to
12 months;
• return from a period of full time Parental Leave on a pert time basis or on a Job share
arrangement;
• to assist the Employee In reconclllng work and parental responslbilities.
36.17 Applications must be made in writing as soon as practlcable, preferably before commencing
Parental Leave, or at least four weeks before the proposed return date.
36.18 The Employer shall consider the request having regard to the Employee's circumstances and the
effect on the workplace and/or the Employer's business.
36.19 Any Employee approved to take extended Maternity, Adoption or Other Parent Leave wlll be
required to clear all Accumulated Annual Leave prior to commencing extended Parental Leave.
Notification Requirements
36.20 An Employee must not unreasonably withhold notice of intention to apply for Parental Leave.
36.21 An Employee who wishes to take Parental Leave must provide notice to the Employer In writing at
least ten weeks before the expected commencement of Parental leave, together with:
a) For Maternity and Other Parent Leave: A certificate from a registered medlcal
practitioner which states the Employee (or their spouse) Is pregnant and the expected
date of birth,
b) For Adoption Leave: Written evidence from the adopting agency/other appropriate body
of the expected date of placement, and
c) A statutory declaration stating:
• the period of leave sought is so that the Employee can be the primary caregiver to the
child,
• detail any particulars of any period of Parental Leave sought or taken by their spouse,
• that for the period of Parental Leave, the Employee will not engage in any conduct
inconsistent with their contract of employment, and
d) A written notification of:
• the period the Employee proposes to take Parental Leave,
Page26 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 36.13 The accrued Annual Leave can be taken: . in a lump sum payment at the commencement or conclusion of Parental Leave · as full pay while on Parental Leave, provided It does not break up the unpaid Parental Leave period. 36.14 The accrued Long Service Leave can be taken: . In a lump sum payment at the commencement or conclusion of Parental Leave · as full pay while on Parental Leave, provided it does not break up the unpaid Parental Leave perlod. . as half pay while on Parental Leave, provided it does not break up the unpaid Parental Leave perlod. . a combination of full pay and half pay, provided it does not break up the unpaid Parental Leave perlod. 36.15 An Employee who takes Maternity, Adoption or Other Parent Leave must clear any Accumulated Annual Leave entitlements in excess of 30 days before commencing any unpald perlod of Maternity, Adoption or Other Parent Leave. Right to Request 36.16 An Employee who has been granted Parental Leave in accordance with this clause may apply to: . extend the period of unpaid Parental Leave for a further continuous period of leave of up to 12 months; · return from a period of full time Parental Leave on a part time basis or on a Job share arrangement; . to assist the Employee in reconciling work and parental responsibilities. 36.17 Applications must be made in writing as soon as practicable, preferably before commencing Parental Leave, or at least four weeks before the proposed retum date. 36.18 The Employer shall consider the request having regard to the Employee's circumstances and the effect on the workplace and/or the Employer's business 36.19 Any Employee approved to take extended Maternity, Adoption or Other Parent Leave will be required to clear all Accumulated Annual Leave prior to commencing extended Parental Leave. Notification Requirements 36.20 An Employee must not unreasonably withhold notice of intention to apply for Parental Leave. 36.21 An Employee who wishes to take Parental Leave must provide notice to the Employer In writing at least ten weeks before the expected commencement of Parental leave, together with: a) For Maternity and Other Parent Leave: A certificate from a registered medical practitioner which states the Employee (or their spouse) Is pregnant and the expected date of birth, b) For Adoption Leave: Written evidence from the adopting agency/other appropriate body of the expected date of placement, and c) A statutory declaration stating: · the period of leave sought is so that the Employee can be the primary caregiver to the child, · detail any particulars of any period of Parental Leave sought or taken by their spouse, · that for the perlod of Parental Leave, the Employee will not engage in any conduct inconsistent with their contract of employment, and d) A written notification of: . the period the Employee proposes to take Parental Leave, Page 26 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
• if she/he is likely to make a request to extend Parental Leave beyond the 12 months,
and/or,
• if she/he is likely to make a request to return to work on a part.time or job-share
arrangement.
36.22 An Employee will not be in breach of this clause if failure to give the required notice period Is
because of the birth occurring earlier than the presumed date or because of the child being placed
earlier than the expected date of placement.
36.23 An Employee on Maternity leave must notify the Employer of the date on which she gave birth as
soon as she can conveniently do so. An Employee must notify the Employer as soon as
practicable of any changes associated with a premature delivery or miscarriage.
36.24 Where the placement of a child for adoption does not proceed or continue, the Employee Is to
notify the Employer lmmedlately and the Employer may nominate a time not exceeding four weeks
from receipt of notification for the Employee to return to work.
Variation of Parental Leave
36.25 Unless agreed otherwise between the Employer and Employee, an Employee may apply to the
Employer to change the period of Parental Leave on one occasion. Any such change Is to be
notified at least four weeks prior to the commencement of the new arrangements, unless otherwise
agreed.
Return to work after a period of Parental Leave
36.26 An Employee who has taken approved Parental Leave for 12 months or less and resumes duty
Immediately after the approved period, Is entitled to return to the position held lmmedlately prior to
going on Parental Leave, if the position still exists. If the position no longer exists but there are
other poslUons available that the employee Is quallfled for and Is capable of performing, the
employee is entiUed to be employed in a position as nearly as possible comparable in status and
pay to that of the employee's former position.
36.27 In the case of an Employee transferred to a safe Job pursuant to sub-clause 36.30 the Employee
will be entitled to return to the position they held immediately before such transfer. If the position
no longer exists but there are other positions available that the Employee Is qualified for and Is
capable of performing, the Employee is entitled to be employed in a position as nearly as possible
comparable In status and pay to that of the Employee's former position.
Communication during Parental Leave
36.28 The Employee shall take reasonable steps to Inform the Employer about any matter that wlll affect
the Employee's decision regarding the duration of Maternity, Adoption or Other Parent 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.
36.29 The Employee shall also notify the Employer of changes of address or other contact detalls which
might affect the Employer's capacity to communicate with the Employee.
Health and safety of pregnant Employees
36.30 If, for any reason, a pregnant Employee is having difficulty in perfonning her normal duties or there
Is a risk to her health or to that of her unborn chlld, as certified by a medical examiner, the
Employer should, in consultation with the Employee, take all reasonable measures to arrange for
safer alternative duties. This may Include, but Is not llmlted to greater flexibility In when and where
duties are carried out, a temporary change in duties, retraining, multl-skllllng, working from home
and job redesign.
36.30.1 If such adjustments cannot reasonably be made, the Employee may elect, or the
Employer may require the Employee to commence Maternity Leave, or to access any
available leave, for as long as It Is necessary to avoid exposure to that risk, as certified
by a medical practitioner, or until the child is bom whichever is the earlier.
36.30.2 Where a pregnant Employee continues to work within the six week period immediately
prior to the expected date of birth, or where the Employee elects to return to work
within six weeks after the birth of the chlld, an Employer may require the Employee to
provide a medical certificate stating that she is fit to work on her nonnal duties.
37 Out of Homa Cara Leave
Page 27 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 · if she/he is likely to make a request to extend Parental Leave beyond the 12 months, and/or, · if she/he is likely to make a request to return to work on a part-time or job-share arrangement. 36.22 An Employee will not be in breach of this clause if failure to give the required notice period Is because of the birth occurring earlier than the presumed date or because of the child being placed earlier than the expected date of placement. 36.23 An Employee on Maternity leave must notify the Employer of the date on which she gave birth as soon as she can conveniently do so. An Employee must notify the Employer as soon as practicable of any changes associated with a premature delivery or miscarriage. 36.24 Where the placement of a child for adoption does not proceed or continue, the Employee Is to notify the Employer Immediately and the Employer may nominate a time not exceeding four weeks from receipt of notification for the Employee to return to work. Varlation of Parental Leave 36.25 Unless agreed otherwise between the Employer and Employee, an Employee may apply to the Employer to change the period of Parental Leave on one occasion. Any such change Is to be notified at least four weeks prior to the commencement of the new arrangements, unless otherwise agreed. Return to work after a period of Parental Leave 36.26 An Employee who has taken approved Parental Leave for 12 months or less and resumes duty Immediately after the approved period, Is entitled to return to the position held Immediately prior to going on Parental Leave, if the position still exists. If the position no longer exists but there are other positions available that the employee Is qualified for and is capable of performing, the employee is entitled to be employed in a position as nearly as possible comparable in status and pay to that of the employee's former position. 36.27 In the case of an Employee transferred to a safe Job pursuant to sub-clause 36.30 the Employee will be entitled to return to the position they held immediately before such transfer. If the position no longer exists but there are other positions avallable that the Employee Is qualified for and is capable of performing, the Employee is entitled to be employed in a position as nearly as possible comparable In status and pay to that of the Employee's former position. Communication during Parental Leave 36.28 The Employee shall take reasonable steps to inform the Employer about any matter that will affect the Employee's decision regarding the duration of Maternity, Adoption or Other Parent Leave to be taken, whether the Employee Intends to return to work and whether the Employee Intends to request to retum to work on a part-time basis. 36.29 The Employee shall also notify the Employer of changes of address or other contact details which might affect the Employer's capacity to communicate with the Employee. Health and safety of pregnant Employees 36.30 If, for any reason, a pregnant Employee is having difficulty in performing her normal dutles or there is a risk to her health or to that of her unborn child, as certifled by a medical examiner, the Employer should, in consultation with the Employee, take all reasonable measures to arrange for safer alternative duties. This may include, but is not limited to greater flexibility In when and where dutles are carried out, a temporary change in duties, retraining, multi-skilling, working from home and job redesign. 36.30.1 If such adjustments cannot reasonably be made, the Employee may elect, or the Employer may require the Employee to commence Maternity Leave, or to access any available leave, for as long as it Is necessary to avold exposure to that risk, as certified by a medical practitioner, or until the child is born whichever is the earller. 36.30.2 Where a pregnant Employee continues to work within the six week perlod immediately prior to the expected date of birth, or where the Employee elects to return to work within six weeks after the birth of the child, an Employer may require the Employee to provide a medical certificate stating that she is fit to work on her normal duties. 37 Out of Home Care Leave Page 27 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
37 .1 Employees are entitled to Out of Home Care Leave when they are the primary carer undertaking
the permanent care of a chlld.
37.2 Eligibility for a period of Out of Home Cara Leave to carers is to be limited to the provision of
guardianship or permanent placement order for a chlld or young person.
37.3 Out of Home Care leave will be granted without pay for a period of up to 12 months to Employees
who are the primary carer undertaking permanent caring arrangements.
37.4 Out of Home Cara leave com~ences at the date of placement of the child.
37.5 Employees who are granted Out of Home Care Leave also have a right to request extended
Parental Leave and return to work on a part-time basis.
38 Altrulstlc Surrogacy Leave
38.1 General
38.1.1 Employees are entitled to Altruistic Surrogacy Leave when they are to be the care
giver of a child subject to a parentage order made under the Surrogacy Act2010.
38.1.2 37.1.3 Altruistic Surrogacy Leave commences on the date that the Employee assumes
the role of primary caregiver of the child.
38.2 Paid Altruistic Surrogacy Leave
38.2.1 Employees who have completed at least 40 weeks continuous service prior to the
commencement of altruistic surrogacy leave are entitled to paid leave at their ordinary
rate of pay for:
(i) fourteen weeks, or
(ii) the period of Altruistic Surrogacy Leave taken, whichever is the lesser period.
38.2.2 Leave may be taken at full pay, half pay or as a lump sum.
38.3 Unpaid Altruistic Surrogacy Leave
38.3.1 Employees are entitled to altruistic surrogacy leave for a maximum period of 12
months.
38.3.2 Employees who take Altruistic Surrogacy Leave may also reach agreement with the
Employer to also take leave:
(a) part-time for a period not exceeding two years; or
(b) partly full-time and partly part-time over a proportionate period of up to two
years.
38.4 Specific evldentlary requirements applicable to taking altruistic surrogacy leave:
38.4.1 Employees are to notify the Employer at least four months before the expected birth
and provide copy of the pre-conception surrogacy agreement, as provided for under
the Surrogacy Act 2010 (redacted as necessary to protect the privacy of non
Employees);
38.4.2 At the time the Employee assumes the role of primary carer the Employee Is to provide
a statutory declaration advising that they are now the primary caregiver of the chlld
and Intend to make application for a parentage order as required under the Surrogacy
Act2010;
38.4.3 A copy of the parentage order application (redacted as necessary) Is provided as soon
as practicable after it is lodged; and
38.4.4 A copy of the parentage order (redacted as necessary) is provided as soon as
practicable after it is granted.
39 Military Leave
39.1 A permanent Employee, who is a current member of the Australian Armed Forces, may apply for
Mllltary Leave to undertake a period of service with the Australian Armed Forces as a member of
the Reserves.
Page 28 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 37.1 Employees are entitled to Out of Home Care Leave when they are the primary carer undertaking the permanent care of a child. 37.2 Eligibility for a period of Out of Home Care Leave to carers is to be limited to the provision of guardianship or permanent placement order for a child or young person. 37.3 Out of Home Care leave will be granted without pay for a period of up to 12 months to Employees who are the primary carer undertaking permanent caring arrangements. 37.4 Out of Home Care leave commences at the date of placement of the child. 37.5 Employees who are granted Out of Home Care Leave also have a right to request extended Parental Leave and return to work on a part-time basis. 38 Altruistic Surrogacy Leave 38.1 General 38.1.1 Employees are entitled to Altruistic Surrogacy Leave when they are to be the care giver of a child subject to a parentage order made under the Surrogacy Act2010. 38.1.2 37.1.3 Altruistic Surrogacy Leave commences on the date that the Employee assumes the role of primary caregiver of the child. 38.2 Paid Altruistic Surrogacy Leave 38.2.1 Employees who have completed at least 40 weeks continuous service prior to the commencement of altruistic surrogacy leave are entitled to paid leave at their ordinary rate of pay for: (i) fourteen weeks, or (ii) the period of Altruistic Surrogacy Leave taken, whichever is the lesser perlod. 38.2.2 Leave may be taken at full pay, half pay or as a lump sum. 38.3 Unpaid Altruistic Surrogacy Leave 38.3.1 Employees are entitled to altruistic surrogacy leave for a maximum period of 12 months. 38.3.2 Employees who take Altruistic Surrogacy Leave may also reach agreement with the Employer to also take leave: (a) part-time for a period not exceeding two years; or (b) partly full-time and partly part-time over a proportionate period of up to two years. 38.4 Specific evidentiary requirements applicable to taking altruistic surrogacy leave: 38.4.1 Employees are to notify the Employer at least four months before the expected birth and provide copy of the pre-conception surrogacy agreement, as provided for under the Surrogacy Act 2010 (redacted as necessary to protect the privacy of non- Employees); 38.4.2 At the time the Employee assumes the role of primary carer the Employee Is to provide a statutory declaration advising that they are now the primary caregiver of the child and Intend to make application for a parentage order as required under the Surrogacy Act 2010; 38.4.3 A copy of the parentage order application (redacted as necessary) Is provided as soon as practicable after it is lodged; and 38.4.4 A copy of the parentage order (redacted as necessary) is provided as soon as practicable after it is granted. 39 Military Leave 39.1 A permanent Employee, who is a current member of the Australian Armed Forces, may apply for Military Leave to undertake a period of service with the Australian Armed Forces as a member of the Reserves. Page 28 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
39.2 Unless otherwise provided, MIiitary Leave attracts the same conditions of other forms of Leave
Without Pay. One exception Is that Employees on defence reserve service are not required to take
any accrued leave concurrently with all or part of their MIiitary Leave.
39.3 In normal circumstances, if an Employee who is a member of the Reserves wishes to undertake
continuous full time service with the Australlan Armed Forces, that Is voluntarily undertaken under
subsection 50(3) of the Defence Act 1903, subsection 32A (3) of the Naval Defence Act 1903 or
subsection 4J (3) of the Air Force Act 1923, the approval of leave is at the discretion of the
Employee's manager (with appropriate HR delegation).
39.4 An Employee who undertakes continuous fulltime service with the Australian Armed Forces Is not
entitled to paid Military Leave or Top up Pay from KDNB.
39.5 Permanent Employees with a minimum of six months continuous service with KDNB and staff with
continuous service with other State Government Departments and/or Instrumentalities, may be
entitled to recei'!'e up to 19 days Paid Military Leave for service with the Reserves.
39.6 The entitlement to paid MIiitary Leave Is calculated from 1 July to 30 June on each occasion. It
does not accrue from year to year. The entitlement to Paid MIiitary Leave is limited to the day(s) on
which the Employee would have ordinarily worked, had it not been for the need for Military Leave.
39.7 Paid MIiitary Leave Is only paid upon:
a) The presentation of a Training/Attendance Notice, and a Certificate of Attendance.
b) The authorization from the Employee's manager.
39.8 The rate of pay is at the Employee's ordinary rate of pay. No overtime, penalties, allowances or
higher duties are paid.
39.9 Paid Military Leave is also not granted for attendance at military activities which occur after normal
hours of duty or for days on which an Employee would not normally be on duty.
39.10 Employees not entitled to payment for Military Leave, who are required to attend military training
and exercises as a member of the Reserves may be granted MIiitary Leave Without Pay.
1Top-Up' Pay
39.11 When an employee entitled to Paid MIiitary Leave has exhausted their entitlements, they may be
ellgible for MIiitary Leave Without Pay and a 'Top-Up' payment paid by KDNB. 'Top-Up Pay' may
be avallable where the employee received less money from the Defence Reservists than the net
pay they would have received from KDNB for the same period, and the employee would ordlnarlly
be required to work that day.
39.12 The following !Imitations apply to 'Top-Up 'pay:
39.12.1 'Top-Up' pay is only available where an employee receives less money from the
Defence Reserve than the ordinary net pay they would have received from KDNB for
the same period but excludes payments for shift loadings, allowances, penalty
payments and overtime had the employee earned would they have worked for KDNB.
39.12.2 Top-Up pay is also llmlted to payment to time the employee would ordinarily have
been required to work for KDNB e.g. a Part Time employee who only works three days
a week for KDNB will only receive 'To-Up' pay in respect of the three days they would
have worked for KDNB.
39.12.3 Top-Up pay Is capped at a maximum period of 12 months, consecutively or
cumulatively, in any five-year period (any further payments are at the discretion of the
ExecuUve Director, People and Culture).
39.13 In the event an employee's ordinary rate of pay Is not able to be detennlned, it shall be at the
average of the employee's ordinary base rate for the six months immediately preceding the period
of Military Leave.
39.14 If an employee exhausts Paid Mllltary Leave entltlements (including top-up pay), they may be
ellglble to take MIiitary Leave Without Pay.
Page 29 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 39.2 Unless otherwise provided, Military Leave attracts the same conditions of other forms of Leave Without Pay. One exception is that Employees on defence reserve service are not required to take any accrued leave concurrently with all or part of their Military Leave. 39.3 In normal circumstances, if an Employee who is a member of the Reserves wishes to undertake continuous full time service with the Australian Armed Forces, that Is voluntarily undertaken under subsection 50(3) of the Defence Act 1903, subsection 32A (3) of the Naval Defence Act 1903 or subsection 4J (3) of the Air Force Act 1923, the approval of leave is at the discretion of the Employee's manager (with appropriate HR delegation). 39.4 An Employee who undertakes continuous fulltime service with the Australian Armed Forces is not entitled to paid Military Leave or Top up Pay from KDNB. 39.5 Permanent Employees with a minimum of six months continuous service with KDNB and staff with continuous service with other State Goverment Departments and/or instrumentalities, may be entitled to receive up to 19 days Paid Military Leave for service with the Reserves. 39.6 The entitlement to paid Military Leave Is calculated from 1 July to 30 June on each occasion. It does not accrue from year to year. The entitlement to Paid Military Leave is limited to the day(s) on which the Employee would have ordinarily worked, had it not been for the need for Military Leave. 39.7 Paid Military Leave is only pald upon: a) The presentation of a Training/Attendance Notice, and a Certificate of Attendance. b) The authorization from the Employee's manager. 39.8 The rate of pay is at the Employee's ordinary rate of pay. No overtime, penalties, allowances or higher duties are paid. 39.9 Paid Military Leave is also not granted for attendance at military activities which occur after normal hours of duty or for days on which an Employee would not normally be on duty. 39.10 Employees not entitled to payment for Military Leave, who are required to attend military training and exercises as a member of the Reserves may be granted Military Leave Without Pay. 'Top-Up' Pay 39.11 When an employee entitled to Pald Military Leave has exhausted their entitlements, they may be eligible for Military Leave Without Pay and a "Top-Up' payment paid by KDNB. 'Top-Up Pay' may be available where the employee received less money from the Defence Reservists than the net pay they would have received from KDNB for the same period, and the employee would ordinarily be required to work that day. 39.12 The following limitations apply to 'Top-Up 'pay: 39.12.1 'Top-Up' pay is only available where an employee receives less money from the Defence Reserve than the ordinary net pay they would have received from KDNB for the same period but excludes payments for shift loadings, allowances, penalty payments and overtime had the employee earned would they have worked for KDNB. 39.12.2 Top-Up pay is also limited to payment to time the employee would ordinarily have been required to work for KDNB e.g. a Part Time employee who only works three days a week for KDNB will only receive 'To-Up' pay in respect of the three days they would have worked for KDNB. 39.12.3 Top-Up pay is capped at a maximum period of 12 months, consecutively or cumulatively, in any five-year period (any further payments are at the discretion of the Executive Director, People and Culture). 39.13 In the event an employee's ordinary rate of pay Is not able to be determined, it shall be at the average of the employee's ordinary base rate for the six months immediately preceding the period of Military Leave. 39.14 If an employee exhausts Paid Military Leave entitlements (including top-up pay), they may be eligible to take Military Leave Without Pay. Page 29 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
40 Jury Service
40.1 A permanent Employee required to attend for Jury service during his or her ordinary working hours
shall be reimbursed by the Employer an amount equal to the difference between the amount paid
In respect of their attendance for such Jury service and the amount of wages he or she would have
received In respect of total ordinary time they would have worked had they not been on jury
service.
40.2 An Employee shall notify the Employer as soon as posslble of the date upon which he or she Is
required to attend for Jury service. Further, the Employee shall give the Employer proof of
attendance, the duration of such attendance and the amount received in respect of such Jury
service.
41 Blood Donors Leave
41.1 Employees are to receive paid leave to donate blood and bone marrow.
41.2 To give blood, paid leave Is granted for the actual time take to:
• Travel to the do~atlon point nearest to the workplace;
• Give blood; and
• Return to work.
41.3 To donate bone marrow, paid leave is granted for the actual time take to:
• Undergo the necessary procedures for bone marrow collection; and
• Recuperate following donation.
41.4 The actual time granted by the Responsible Manager should be flexible and realistic. As a guide,
between 2-3 hours for blood donation and 2-7 days for bone marrow donation.
41.5 In arranging the leave, consideration is to be given to the fact that having given a donation of
blood, Employees are not to drive a heavy vehicle for a period recommended by the appropriate
Authority.
42 Leave for Indigenous Day of Significance
42.1 Indigenous employees who wish to participate in a day of significance may be granted one day
special leave per calendar year. Employees are to submit the selected day to their Supervisor for
approval with reasonable notice. Leave will not be granted for a day which falls on a day that the
employee would not ordinarily be on duty or is on another form of leave.
42.2 Days of significance may Include:
• Anniversary of National Apology Day
• National Close the Gap Day
• Natlonal Sorry Day
• Natlonal Reconclliation Week (one day permitted)
• NAIDOC Week (one day permitted)
• Mabo Day
43 Emergency Leave
43.1 Permanent and temporary Employees are ellglble for paid Emergency Leave if they are:
a). Members of the State Emergency Services (SES), NSW Rural Fire Service (RFS) or
other volunteer organizations recognized by NSW Government's Office of Emergency
Management (OEM) to attend:
i) State emergencies;
ii) Training and conferences.
b). Unable to attend work due to severe weather conditions or other disasters.
43.2 Emergency Leave is available regardless of length of service.
Page 30 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 40 Jury Service 40.1 A permanent Employee required to attend for Jury service during his or her ordinary working hours shall be reimbursed by the Employer an amount equal to the difference between the amount paid In respect of their attendance for such jury service and the amount of wages he or she would have received in respect of total ordinary time they would have worked had they not been on jury service. 40.2 An Employee shall notify the Employer as soon as possible of the date upon which he or she Is required to attend for jury service. Further, the Employee shall give the Employer proof of attendance, the duration of such attendance and the amount received in respect of such Jury service. 41 Blood Donors Leave 41.1 Employees are to receive pald leave to donate blood and bone marrow. 41.2 To give blood, paid leave Is granted for the actual time take to: · Travel to the donation point nearest to the workplace; · Give blood; and · Return to work. 41.3 To donate bone marrow, paid leave is granted for the actual time take to: . Undergo the necessary procedures for bone marrow collection; and · Recuperate following donation. 41.4 The actual time granted by the Responsible Manager should be flexible and realistic. As a guide, between 2-3 hours for blood donation and 2-7 days for bone marrow donation. 41.5 In arranging the leave, consideration is to be given to the fact that having given a donation of blood, Employees are not to drive a heavy vehicle for a period recommended by the appropriate Authority. 42 Leave for Indigenous Day of Significance 42.1 Indigenous employees who wish to participate in a day of significance may be granted one day special leave per calendar year. Employees are to submit the selected day to their Supervisor for approval with reasonable notice. Leave will not be granted for a day which falls on a day that the employee would not ordinarily be on duty or is on another form of leave. 42.2 Days of significance may Include: · Anniversary of National Apology Day . National Close the Gap Day · National Sorry Day · National Reconciliation Week (one day permitted) · NAIDOC Week (one day permitted) · Mabo Day 43 Emergency Leave 43.1 Permanent and temporary Employees are eligible for paid Emergency Leave if they are: ). Members of the State Emergency Services (SES), NSW Rural Fire Service (RFS) or other volunteer organizations recognized by NSW Government's Office of Emergency Management (OEM) to attend: i) State emergencies; ii) Training and conferences. b). Unable to attend work due to severe weather conditions or other disasters. 43.2 Emergency Leave is available regardless of length of service. Page 30 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
43.3 Emergency leave is limited to the time required to cope with the immediate emergency and may
not be accumulated from year to year.
43.3.1 Employees who are member of the SES/ RFS / other recognised volunteer
organisations: Employees performing duties for the SES, RFS or other recognised
volunteer organisations are entitled to the following leave:
a) Unlimited leave to attend State Emergencies declared in accordance with
the relevant legislation or announced by the Premier,
b) Up to five (5) days emergency leave each year to attend conferences
and training as part of their role.
43.3.2 Other Employee•
Employees Involved In a situation where life or property is threatened, or who are
affected by severe weather conditions or other disasters, are entitled to a maximum of
two (2) days emergency leave each year. Leave wlll not be granted if there Is no
element of emergency.
43.4 If Employees require additional leave to attend conferences and training courses relating to roles
with the SES, RFS or other recognised volunteer organisations, or to attend to personal matters
relating to severe weather conditions or other disasters, they may apply for annual leave, leave
without pay or if applicable long service leave. Emergency leave counts as service for all
purposes.
43.5 Employees must notify their managers of the request for State Emergency leave as soon as
possible supported by evidence in writing of the emergency.
44 Purchased Leave for Personal or Famlly Reasons
44.1 The Purchased Leave scheme is a voluntary scheme available to all permanent Employees
covered by this Agreement who have been continuously employed for a period of 12 months who
wish to extend their leave options for personal reasons or to meet family responslblllties.
44.2 The terms and conditions of the Purchased Leave scheme are listed below and also subject to
KDNBpolicy.
44.3 Employees wishing to participate In this scheme must submit an application to their manager with
a minimum 12 months notice. The application must stipulate the dates the leave is required.
44.4 Employees who wish to participate In this scheme will have monies deducted each fortnight over
the preceding 12 month period to pay for their personal and family leave. Money deducted will be
ordinary hours after all penalties and overtime have been calculated. There will be no reduction In
the hourly rate of pay.
44.5 The minimum amount of personal or family leave that can be taken in any one period wlll be one
week and the maximum will be four weeks in a 12 month period.
44.6 The additional leave purchased under this scheme will not attract leave loading.
44.7 Sick Leave and Long Service Leave will continue to accrue at the usual rate during the term of the
Employee's participation in the Purchased Leave scheme.
44.8 Employees will retain their Employee Pass and other privilege passes.
44.9 Applications for participation In the Purchased Leave scheme will be approved at the Employer's
discretion, subject to the employer's Purchased Leave Policy, taking Into consideration operational
and service delivery requirements.
44.1 O Employees are required to re-apply annually if they wish to participate in the scheme.
44.11 Employees should seek independent financial advice regarding their superannuation options prior
to entering into the Purchased Leave arrangement.
45 Picnic Day
45.1 Where reasonably practicable an Officer shall be granted a day's leave, without deduction of pay,
each calendar year to attend an Annual Salaried Officers' Picnic, provided the Officer would
ordinarily work on that day had it not been for the Picnic Day occurring.
45.2 Where an Employee is required by the Employer to work on a Picnic Day, the Employee wlll be
Page 31 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 43.3 Emergency leave is limited to the time required to cope with the immediate emergency and may not be accumulated from year to year 43.3.1 Employees who are member of the SES / RFS / other recognised volunteer organisations: Employees performing duties for the SES, RFS or other recognised volunteer organisations are entitled to the following leave: a) Unlimited leave to attend State Emergencies declared in accordance with the relevant legislation or announced by the Premler, b) Up to five (5) days emergency leave each year to attend conferences and training as part of their role. 43.3.2 Other Employees Employees Involved in a situation where life or property is threatened, or who are affected by severe weather conditions or other disasters, are entitled to a maximum of two (2) days emergency leave each year. Leave will not be granted if there is no element of emergency. 43.4 If Employees require additional leave to attend conferences and training courses relating to roles with the SES, RFS or other recognised volunteer organisations, or to attend to personal matters relating to severe weather conditions or other disasters, they may apply for annual leave, leave without pay or if applicable long service leave. Emergency leave counts as service for all purposes. 43.5 Employees must notify their managers of the request for State Emergency leave as soon as possible supported by evidence in writing of the emergency. 44 Purchased Leave for Personal or Famlly Reasons 44.1 The Purchased Leave scheme is a voluntary scheme available to all permanent Employees covered by this Agreement who have been continuously employed for a period of 12 months who wish to extend their leave options for personal reasons or to meet family responsibilities 44.2 The terms and conditions of the Purchased Leave scheme are listed below and also subject to KDNB policy. 44.3 Employees wishing to participate In this scheme must submit an application to their manager with a minimum 12 months notice. The application must stipulate the dates the leave is required. 44.4 Employees who wish to participate In this scheme will have monies deducted each fortnight over the preceding 12 month period to pay for their personal and family leave. Money deducted will be ordinary hours after all penalties and overtime have been calculated. There will be no reduction in the hourly rate of pay. 44.5 The minimum amount of personal or family leave that can be taken in any one period will be one week and the maximum will be four weeks in a 12 month period. 44.6 The additional leave purchased under this scheme will not attract leave loading. 44.7 Sick Leave and Long Service Leave will continue to accrue at the usual rate during the term of the Employee's participation in the Purchased Leave scheme. 44.8 Employees will retain their Employee Pass and other privilege passes. 44.9 Applications for participation in the Purchased Leave scheme will be approved at the Employer's discretion, subject to the employer's Purchased Leave Policy, taking into consideration operational and service delivery requirements. 44.10 Employees are required to re-apply annually if they wish to participate in the scheme. 44.11 Employees should seek independent financial advice regarding their superannuation options prior to entering into the Purchased Leave arrangement. 45 Picnic Day 45.1 Where reasonably practicable an Officer shall be granted a day's leave, without deduction of pay, each calendar year to attend an Annual Salaried Officers' Picnic, provided the Officer would ordinarily work on that day had it not been for the Plenlc Day occurring. 45.2 Where an Employee is required by the Employer to work on a Picnic Day, the Employee will be Page 31 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
paid for the time worked, subject to appropriate penalty rates plus an addltlonal cash payment
equivalent to:
• seven hours pay: for Employees engaged on 35-hour-week;
• seven hours and 36 minutes pay: for Employees engaged on 38-hour-week.
45.3 The Employer shall require from an Officer evidence of attendance or desired attendance at the
approved picnic. The production of the butt of a picnic ticket purchased or some equivalent receipt
shall be sufficient evidence to satisfy this requirement. Where such evidence Is requested by the
Employer but not produced by an Officer, no payment will be made to the Officer for the day.
45.4 An officer who Is not required by the Employer to work In the area In which the Officer is normally
employed on the Picnic Day and who does not purchase a ticket for the picnic shall, where
appropriate, be provided with alternative duties on that day. Such duties are to be at the discretion
of the Employer.
45.5 An Officer who elects to work in accordance with sub-clause 44.4 shall not be entltled to any
additional payment for the Picnic Day.
46 · Publlc Holidays
46.1 Employees covered under this Agreement shall be entitled to the Publlc Holldays listed in clause
4.
46.2 For Salaried Officers:
Where a Salaried Officer Is required to work on a proclaimed public holiday or picnic day (or a
day substituted for the public hollday or picnic day, In which case the following shall apply to the
substituted day only), the Employee will have the option to:
a) be paid at the rate of double time and a half for all time worked during ordinary hours on
the public hollday or picnic day (foregoing accumulatlon for future clearance); or
b) to accumulate the public hollday or picnic day as leave for clearance with their
accumulated leave for that year and be paid at the rate of tlme and a half for all work
performed during ordinary hours on the public holiday or picnic day.
If the Publlc Hollday Is not cleared It wlll be paid out with the final pay on or after 31
December of the year following accumulation.
A full-time employee who ordlnarlly works on a day on which a Publlc Holiday is proclaimed, but Is
rostered off, will be entitled to the Additional Payment based on the ordinary hours, which the
Employee would have worked, but for the rostered day off, up to a maximum of 7.6 hours.
When a Publlc Holiday falls on a Saturday or a Sunday, Employees who are rostered off will qualify for
payment if they have worked:
a) at least ten (10) Saturdays In the preceding twelve months of the Saturday Public Holiday; or
b) at least ten (10) Sundays in the preceding twelve months of the Sunday Public Holiday.
Employees employed within the last twelve months of the Saturday or Sunday Public Holiday, who are
rostered off, are to have the decision for payment to be determined on a pro-rate basis.
46.3 For Senior Officers:
All Public Holidays not taken as a Public Holiday by Senior Officers are to be paid out when they
occur.
47 Concessional Day
47.1 Employees covered under this Agreement shall be entitled to a Concessional Day in substitution
of the Bank Hollday.
48 Capping of Addltlonal Days Off (ADOs)
48.1 Subject to sub-clause 48.2, Officers, other than Officers required to perform shift work, may clear
ADOs as one whole day or as two half-days.
48.2 Subject to 1he prior approval of the Officer's manager, an Officer, may accumulate up to a
maximum of five ADOs (Inclusive of half ADOs).
Page 32 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 paid for the time worked, subject to appropriate penalty rates plus an additional cash payment equivalent to: · seven hours pay: for Employees engaged on 35-hour-week; · seven hours and 36 minutes pay; for Employees engaged on 38-hour-week. 45.3 The Employer shall require from an Officer evidence of attendance or desired attendance at the approved plenic. The production of the butt of a picnic ticket purchased or some equivalent receipt shall be sufficient evidence to satisfy this requirement. Where such evidence is requested by the Employer but not produced by an Officer, no payment will be made to the Officer for the day. 45.4 An officer who is not required by the Employer to work In the area In which the Officer is normally employed on the Picnic Day and who does not purchase a ticket for the plonic shall, where appropriate, be provided with alternative duties on that day. Such duties are to be at the discretion of the Employer. 45.5 An Officer who elects to work in accordance with sub-clause 44.4 shall not be entitled to any additional payment for the Picnic Day. 46 ·Public Holidays 46.1 Employees covered under this Agreement shall be entitled to the Public Holidays listed in clause 4. 46.2 For Salaried Officers: Where a Salaried Officer is required to work on a proclaimed public holiday or picnic day (or a day substituted for the public holiday or picnic day, In which case the following shall apply to the substituted day only), the Employee will have the option to: a) be paid at the rate of double time and a half for all time worked during ordinary hours on the public holiday or picnic day (foregoing accumulation for future clearance); or b) to accumulate the public holiday or picnic day as leave for clearance with their accumulated leave for that year and be pald at the rate of time and a half for all work performed during ordinary hours on the public hollday or picnic day. If the Public Holiday Is not cleared It will be paid out with the final pay on or after 31 December of the year following accumulation. A full-time employee who ordinarily works on a day on which a Public Holiday is proclaimed, but Is rostered off, will be entitled to the Additional Payment based on the ordinary hours, which the Employee would have worked, but for the rostered day off, up to a maximum of 7.6 hours. When a Public Hoilday falls on a Saturday or a Sunday, Employees who are rostered off will qualify for payment if they have worked: a) at least ten (10) Saturdays In the preceding twelve months of the Saturday Public Hollday; or b) at least ten (10) Sundays in the preceding twelve months of the Sunday Public Holiday. Employees employed within the last twelve months of the Saturday or Sunday Public Holiday, who are rostered off, are to have the decision for payment to be determined on a pro-rata basis. 46.3 For Senior Officers: All Public Holidays not taken as a Public Holiday by Senior Officers are to be paid out when they occur. 47 Concessional Day 47.1 Employees covered under this Agreement shall be entitled to a Concessional Day in substitution of the Bank Holiday. 48 Capping of Additional Days Off (ADOs) 48.1 Subject to sub-clause 48.2, Officers, other than Officers required to perform shift work, may clear ADOs as one whole day or as two half-days. 48.2 Subject to the prior approval of the Officer's manager, an Officer, may accumulate up to a maximum of five ADOs (Inclusive of half ADOs). Page 32 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
48.3 Managers in consultation with Employees are required to implement appropriate administrative
procedures to ensure the proper and effective management of ADOs.
48.4 Subject to sub-clause 48.5, fallure to clear ADOs will result in loss of entitlement for all days
accumulated in excess of the maximum of five ADOs.
48.5 Where the fallure to clear an ADO (in excess of frve accumulated ADOs) arises at the request or
direction of the Employer, an Officer wlll be paid at the applicable overtime rate for the ADO
worked.
Page 33 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 48.3 Managers in consultation with Employees are required to implement appropriate administrative procedures to ensure the proper and effective management of ADOs. 48.4 Subject to sub-clause 48.5, failure to clear ADOs will result in loss of entitlement for all days accumulated in excess of the maximum of five ADOs. 48.5 Where the fallure to clear an ADO (in excess of five accumulated ADOs) arises at the request or direction of the Employer, an Officer will be paid at the applicable overtime rate for the ADO worked. Page 33 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
SECTION 1F - FLEXIBLE WORK ARRANGEMENTS
49 Make Uptime
49.1 An Employee may elect, with the consent of the Employer, to work "make up time" under which
the Employee takes time off during ordinary hours, and works those hours at another time, during
the spread of ordinary hours provided under this Agreement. ·
49.2 An Employee on shift work may elect, with the consent of the Employer, to work "make up time"
under which the Employee takes time off ordinary hours and works those hours at another time, at
the shift work rate which would have been applicable to the hours takeoff.
50 Career Break
50.1 A permanent Employee who has had continuous service with the Employer for a minimum period
of five years may make applicatlon to take a fixed period of time off work, In order to fulfill family or
personal commitments or to pursue personal development without loss of Job security.
50.2 The terms and conditions under which an Employee may take a Career Break are listed below and
also subject to the Employer's policy and procedure.
50.3 The minimum period for a Career Break is six (6) months. The maximum period for a Career Break
Is 24 months.
50.4 An Employee must provide three months notice of a request to take a Career Break.
50.5 Any Employee taking Career Break leave will be required to clear all accrued Annual Leave and
Public Holidays prior to commencing leave.
50.6 Any unpaid period of the Career Break will be regarded as leave without pay for the purpose of
leave accrual and superannuation.
50.7 At the commencement of the Career Break, Employees must return their Employee Travel Pass.
50.8 At the completion of the Career Break, an Employee can return to a position at the same grade
that they held before commencing the break.
50.9 Where there Is no position Immediately available at the same grade for Employees taking 12
months or less leave, the Employee's skllls and abilities wlll be assessed and they will be placed In
another position at the same grade held before commencing the Career Break.
50.1 O Applications for Career Breaks will be approved at the Employer's discretion.
51 Flexible Working Arrangements
51.1 Flexible work arrangements may be agreed between the Employer and a staff member.
51.2 In addition to leave and flexlble working hours arrangements, examples of workplace flexibility
Initiatives that may be considered Include:
(a) Working from home and/or another location;
(b) Changing from full-time to part-time employment on a temporary or permanent basis;
(c) Job-sharing;
(d) Transition to retirement arrangements.
51.3 A flexible work arrangement must be cost neutral and conform to Work Health and Safety
requirements.
51.4 The Employer will not unreasonably refuse a staff member's request for a flexible working
arrangement as long as the arrangements can be structured to maintain business efficiency and
productivity.
51.5 The terms and conditions under which an Employee can work flexibly are also subject to policies
and procedures of the Employer.
51.6 Flexlble work arrangements do not preclude the Employee from accessing provisions of the
Agreement such as overtime and leave.
52 lndlvldual Flexibillty Arrangement
52.1 An employer and employee covered by this enterprise agreement may agree to make an individual
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KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SECTION 1F - FLEXIBLE WORK ARRANGEMENTS 49 Make Uptime 49.1 An Employee may elect, with the consent of the Employer, to work "make up time" under which the Employee takes time off during ordinary hours, and works those hours at another time, during the spread of ordinary hours provided under this Agreement. 49.2 An Employee on shift work may elect, with the consent of the Employer, to work "make up time" under which the Employee takes time off ordinary hours and works those hours at another time, at the shift work rate which would have been applicable to the hours takeoff. 50 Career Break 50.1 A permanent Employee who has had continuous service with the Employer for a minimum period of five years may make application to take a fixed period of time off work, in order to fulfill family or personal commitments or to pursue personal development without loss of Job security 50.2 The terms and conditions under which an Employee may take a Career Break are listed below and also subject to the Employer's policy and procedure. 50.3 The minimum period for a Career Break is six (6) months. The maximum period for a Career Break is 24 months. 50.4 An Employee must provide three months notice of a request to take a Career Break. 50.5 Any Employee taking Career Break leave will be required to clear all accrued Annual Leave and Public Holidays prior to commencing leave. 50.6 Any unpaid period of the Career Break will be regarded as leave without pay for the purpose of leave accrual and superannuation. 50.7 At the commencement of the Career Break, Employees must return thelr Employee Travel Pass. 50.8 At the completion of the Career Break, an Employee can return to a position at the same grade that they held before commencing the break. 50.9 Where there is no position Immediately available at the same grade for Employees taking 12 months or less leave, the Employee's skills and abilities will be assessed and they will be placed In another position at the same grade held before commencing the Career Break. 50.10 Applications for Career Breaks will be approved at the Employer's discretion. 51 Flexible Working Arrangements 51.1 Flexible work arrangements may be agreed between the Employer and a staff member. 51.2 In addition to leave and flexible working hours arrangements, examples of workplace flexibility Initiatives that may be considered Include: (a) Working from home and/or another location; (b) Changing from full-time to part-time employment on a temporary or permanent basis; (c) Job-sharing; (d) Transition to retirement arrangements. 51.3 A flexible work arrangement must be cost neutral and conform to Work Health and Safety requirements. 51.4 The Employer will not unreasonably refuse a staff member's request for a flexible working arrangement as long as the arrangements can be structured to maintain business efficiency and productivity. 51.5 The terms and conditions under which an Employee can work flexibly are also subject to policies and procedures of the Employer. 51.6 Flexible work arrangements do not preclude the Employee from accessing provisions of the Agreement such as overtime and leave. 52 Individual Flexibility Arrangement 52.1 An employer and employee covered by this enterprise agreement may agree to make an individual Page 34 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
flexibility arrangement to vary the effect of terms of the agreement if:
(a) the agreement deals with 1 or more of the following matters:
(I) arrangements about when work Is performed;
(Ii) overtime rates;
(iii) penalty rates;
(Iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee in relation
to 1 or more of the matters mentioned In paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
52.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about pemiitted matters under section 172 of the Fair Work Act 2009; and
(b) are not unlawful tenns under section 194 of the Fair Work Act 2009; and
(c) result In the employee being better off overall than the employee would be if no
arrangement was made.
52.3 The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) Includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee is under 18 years of
age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i) the tenns of the enterprise agreement that wlll be varied by the arrangement;
and
(ii) how the arrangement wlll vary the effect of the tenns; and
(Ill) how the employee will be better off overall In relation to the terms and conditions
of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
52.4 The employer must give the employee a copy of the individual flexlblllty arrangement within 14
days after it is agreed to.
52.5 The employer or employee may terminate the Individual flexibility arrangement
(a) by giving no more than 28 days written noUce to the other party to the arrangement;
or
(b) if the employer and employee agree In writing - at any time.
Page 35 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (I) arrangements about when work Is performed; (li) overtime rates; (Iii) penalty rates; (Iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned In paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 52.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result In the employee being better off overall than the employee would be if no arrangement was made. 52.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) Includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varled by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (lil) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 52.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 52.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing - at any time. Page 35 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
SECTION 1G • GENERAL
53 Higher Duties for Senior and Salarled Officers
Salaried Officers In Higher Grade Positions
53.1 Any Salaried Officer required to relieve in a higher grade shall be paid at least the minimum salary
of the higher grade for the period of the rellef, provided that the Officer's manager or supervisor
certifies that the Officer Is carrying out the normal duties of the higher-grade position. Where a
minimum period of one full shift has been worked, a Network Controller acting as a Senior Network
Controller will be paid higher duties for the period of relief.
Senior Officers In Higher Grade Positions
53.2 Higher duty payments for Senior Officers will apply where the time worked in the higher graded
position exceeds four consecutive working days. When a Senior Officer works on the fifth
consecutive day retrospective payment for the previous four working days will beamed.
Note: see also clause regarding Higher Grade conditions for Senior Officers Salaried and Senior
Officers Generally
53.3 In the case of Salaried and Senior Officers required to relieve in a higher-grade position, the
conditions appllcable to the higher-grade position undertaken shall be taken to apply for the period
of the relief.
53.4 All time spent by a Salaried or Senior Officer relieving in a higher grade for which credit has been
allowed for the purpose of sub-clause 53.2, shall be counted as service in the next higher grade to
that in which the officer is classified, for the purpose of assessing the rate of salary to which the
officer wlll be entitled following promotion to such higher-grade. ·
53.5 If an officer Is booked to clear a Public Hollday which falls during a period In which the Officer ls
acting in a higher grade, and the officer works in the higher grade on the working days before and
after the Public Hollday, then payment for the Public Hollday shall be at the rate of pay to which
the Officer Is entitled during the acting period.
53.6 Any Salaried or Senior Officer who has relieved In a higher grade position for 12 calendar months
either contlnuously or non-contlnuously shall, whlle performing such duties, be paid the next higher
rate of pay, if any, prescribed for such higher position provided that where the duty Is non
continuous, periods of less than one week shall not count.
54 Employee Travel Passes
54.1 Subject to NSW Government Policy, relevant legislation and regulations and the provisions of the
Metropolltan Bus Systems Contract, for the life of this Agreement, the Employer wlll recognise
Employee Travel Passes for all permanent Employees whilst provided by TfNSW. These passes
will not be provided by KDNB.
55 Workplace Health and Safety Training
55.1 The parties recognise the obligation of the Employer to provide a safe and healthy workplace. All
Employees are responslble for their own safety, the safety of other Employees and the general
publlc.
55.2 The Employer will determine the standards and requirements of training for Employees, In
consultation with Employees and their representatives, including any Union party to this
Agreement. A certificate will be awarded to Employees who successfully complete the training.
55.3 Every Employee will have the opportunity to attend a minimum of two hours paid WHS awareness
training each calendar year.
56 Drug and Alcohol Testing
56.1 The parties recognise the legislative obligations on the Employer to ensure the workplace is free
from drugs and alcohol, and all Employees are to comply with the provisions of legislation relating
to random drug and alcohol testing and the internal programs that are in place.
57 Chlldcare
57.1 The Employer and the Unions with the assistance of Unions NSW, may continue the Joint Child
Care Working Party (the Working Party). The Working Party will consider the feasibility of various
Page 36 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SECTION 1G - GENERAL 53 Higher Dutles for Senior and Salaried Officers Salarled Officers In Higher Grade Positions 53.1 Any Salaried Officer required to relieve in a higher grade shall be paid at least the minimum salary of the higher grade for the period of the rellef, provided that the Officer's manager or supervisor certifles that the Officer is carrying out the normal duties of the higher-grade position. Where a minimum period of one full shift has been worked, a Network Controller acting as a Senior Network Controller will be paid higher duties for the period of relief. Senior Officers in Higher Grade Positions 53.2 Higher duty payments for Senior Officers will apply where the time worked in the higher graded position exceeds four consecutive working days. When a Senior Officer works on the fifth consecutive day retrospective payment for the previous four working days will beamed. Note: see also clause regarding Higher Grade conditions for Senior Officers Salarled and Senior Officers Generally 53.3 In the case of Salaried and Senior Officers required to relieve in a higher-grade position, the conditions applicable to the higher-grade position undertaken shall be taken to apply for the perlod of the rellef. 53.4 All time spent by a Salaried or Senior Officer relieving in a higher grade for which credit has been allowed for the purpose of sub-clause 53.2, shall be counted as service in the next higher grade to that in which the officer is classified, for the purpose of assessing the rate of salary to which the officer will be entitled following promotion to such higher-grade. 53.5 If an officer is booked to clear a Public Holiday which falls during a period In which the Officer is acting in a higher grade, and the officer works in the higher grade on the working days before and after the Public Holiday, then payment for the Public Holiday shall be at the rate of pay to which the Officer Is entitled during the acting period. 53.6 Any Salarled or Senior Officer who has relleved In a higher grade position for 12 calendar months elther continuously or non-continuously shall, while performing such dutles, be paid the next higher rate of pay, if any, prescribed for such higher position provided that where the duty Is non- continuous, periods of less than one week shall not count. 54 Employee Travel Passes 54.1 Subject to NSW Government Policy, relevant legislation and regulations and the provisions of the Metropolitan Bus Systems Contract, for the life of this Agreement, the Employer will recognise Employee Travel Passes for all permanent Employees whilst provided by TfNSW. These passes will not be provided by KDNB. 55 Workplace Health and Safety Training 55.1 The parties recognise the obligation of the Employer to provide a safe and healthy workplace. All Employees are responsible for their own safety, the safety of other Employees and the general public. 55.2 The Employer will determine the standards and requirements of training for Employees, in consultation with Employees and their representatives, including any Union party to this Agreement. A certificate will be awarded to Employees who successfully complete the training. 55.3 Every Employee will have the opportunity to attend a minimum of two hours paid WHS awareness training each calendar year. 56 Drug and Alcohol Testing 56.1 The parties recognise the legislative obligations on the Employer to ensure the workplace is free from drugs and alcohol, and all Employees are to comply with the provisions of legislation relating to random drug and alcohol testing and the internal programs that are in place. 57 Childcare 57.1 The Employer and the Unions with the assistance of Unions NSW, may continue the Joint Child Care Working Party (the Working Party). The Working Party will consider the feasibility of various Page 36 of 60
KDNB SENIOR AND SALARIE.D OFFICERS' AGREEMENT 2021
Initiatives by which the Employer may assist Employees to manage their childcare needs.
57.2 The Working Party may comprise of representatives from the Employer, Unions NSW, and Unions
party to this Agreement, and will include a mix of male and female members.
58 Quallty Certification
58.1 The Employer has developed a Management System to assist, control and manage standardised
work practices at all levels.
58.2 The objective of the Management System is the •prevention of errors" through •conformance to
requirements• as detailed in policies, procedures and work instructions. The goal is •zero defects•
(I.e. no accidents, no errors or mistakes, nore-work).
58.3 Parties to this Agreement will work together to maintain quality certification.
59 Introduction of New Technology
59.1 Where the Employer has made a definite decision to introduce new or to make major changes
associated with existing technology that is likely to have significant effects on Employees, the
Employer shall notify Employees who may be affected by the proposed changes, and their
representatives, Including any union party to this Agreement. Such changes will be dealt with
under the consultatlve process outllned at clause 20 of this Agreement.
59.2 The Employer shall discuss with the Employees affected and their representatives the changes to
be made and the effect the changes are likely to have on Employees and measures to be taken to
avert or mitigate effects of such changes on Employees.
59.3 Where possible at least three months notice will be provided prior to the implementation of new
technology. Where necessary Employees will be provided with appropriate training.
59.4 By the application of this clause herein there is a commitment between the parties to the
Introduction of new technology.
60 Job Evaluatlon Review Process
60.1 Where a new position Is created, or where an Incumbent Employee, the relevant Union or the
Employer believe that an existing position should be reviewed, the followlng shall apply:
60.1.1 A Human Resources representative will, in consultation with the line management and
the affected incumbent, prepare the draft Position Description ensuring consistency
with the organisational framework.
60.1.2 The draft Position Description will be reviewed by the relevant manager(s), the
incumbent (where applicable), and the Managing Director Northern Beaches and
amended to reflect any feedback.
60.1.3 The Human Resources representative will evaluate the position for approval by the
Head of Human Resources.
60.2 If at any stage of this process a disagreement arises as to the details or accuracy of the position
description or the grading of the position description, the disagreement may be referred to a review
panel consisting of one Human Resources representative, the Managing Director Northern
Beaches, or their representative, the affected Employee and one Employee representative,
suitably qualified chosen by the relevant Union(s).
60.3 If a disagreement remains In relation to the outcome of the evaluation process, the Employer will
consider representations made by the relevant Union(s) and may seek to have the position
evaluated externally, before making a final determination.
Page 37 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 Initiatives by which the Employer may assist Employees to manage their childcare needs. 57.2 The Working Party may comprise of representatives from the Employer, Unions NSW, and Unions party to this Agreement, and will include a mix of male and female members. 58 Quality Certification 58.1 The Employer has developed a Management System to assist, control and manage standardised work practices at all levels. 58.2 The objective of the Management System is the "prevention of errors" through "conformance to requirements" as detailed in policies, procedures and work instructions. The goal is "zero defects" (Le. no accidents, no errors or mistakes, nore-work). 58.3 Parties to this Agreement will work together to maintain quality certification. 59 Introduction of New Technology 59.1 Where the Employer has made a definite decision to introduce new or to make major changes associated with existing technology that is likely to have significant effects on Employees, the Employer shall notify Employees who may be affected by the proposed changes, and their representatives, including any union party to this Agreement. Such changes will be dealt with under the consultative process outlined at clause 20 of this Agreement. 59.2 The Employer shall discuss with the Employees affected and their representatives the changes to be made and the effect the changes are likely to have on Employees and measures to be taken to avert or mitigate effects of such changes on Employees. 59.3 Where possible at least three months notice will be provided prior to the implementation of new technology. Where necessary Employees will be provided with appropriate training. 59.4 By the application of this clause herein there is a commitment between the parties to the Introduction of new technology. 60 Job Evaluation Review Process 60.1 Where a new position is created, or where an Incumbent Employee, the relevant Union or the Employer believe that an existing position should be reviewed, the following shall apply: 60.1.1 A Human Resources representative will, in consultation with the line management and the affected incumbent, prepare the draft Position Description ensuring consistency with the organisational framework. 60.1.2 The draft Position Description will be reviewed by the relevant manager(s), the incumbent (where applicable), and the Managing Director Northern Beaches and amended to reflect any feedback. 60.1.3 The Human Resources representative will evaluate the position for approval by the Head of Human Resources. 60.2 If at any stage of this process a disagreement arises as to the details or accuracy of the position description or the grading of the position description, the disagreement may be referred to a review panel consisting of one Human Resources representative , the Managing Director Northern Beaches, or their representative, the affected Employee and one Employee representative, suitably qualified chosen by the relevant Union(s). 60.3 If a disagreement remains in relation to the outcome of the evaluation process, the Employer will consider representations made by the relevant Union(s) and may seek to have the position evaluated externally, before making a final determination. Page 37 of 60
Kl)NB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
PART 2 - CORE CONDITIONS FOR SALARIED OFFICERS
61 Hours of Duty for Salarled Officers
61.1 Except as provided for in $ub--clauses 61.2 and 61.3 the ordinary hours of duty shall be 38 per
week to be worked in not more than five shifts.
61.2 Ordinary hours of duty may be worked to provide for 152 hours work in a four-week work cycle to
enable officers to have one day off duty during that cycle by accruing additional working time on
other working days. Payment in these circumstances to be made on an averaging basis of 76
ordinary hours per fortnight.
61.3 Clerical and administrative Employees engaged to work in non-shift work positions shall have
ordin~ry hours of duty of 35 hours per week, to be worked in not more than 5 shifts and a total of
140 hours In a four-week cycle, to meet the criteria for accruing an ADO.
61.4 Where an Employee is required to work less than 38 hours per week and where a recognised
finishing time exist&, no Employee shall be called upon to work beyond that time.
61.5 The span of ordinary hours shall be 6.30am to 5.30pm. These hours may be altered by mutual
agreement in writing between the Employer and the Employee in accordance with flexible working
arrangements.
61.6 As far as practicable, Officers shall not be rostered for a longer period than 9 hours to be worked
in 11 hours overall.
61.7 As far as practicable, Officers required to work shift work shall have one week on day duty (that Is,
shifts that do not finish between 12 midnight and 8.00 am) in every three and one Sunday off in
every three.
61.8 In arranging hours of duty, when necessary, sufficient time must be allowed to permit a proper
hand-over of duties.
62 Minimum Payments
62.1 Any Officer who attends for duty ln accordance with Instructions but Is not required, shall receive a
minimum of five hours pay unless at least twelve hours notice was given to the Officer personally
that they were not required for duty.
62.2 If an ·officer actually commences duty and is subsequently advised that they are not required, the
Officer shall receive a minimum of seven hours pay.
63 Spread of Hours
63.1 AU time worked from tlme first signed on a broken shift shall be paid at the following rates:
63.1.1 Between a spread of 9.5 hours and 10.5 hours - time and a half;
63. 1.2 After 10.5 hours - double time.
63.2 Officers shall not be rostered for broken shifts on a Saturday, Sunday or Public Holiday.
64 Overtime
64.1 Except as provided for In sub-clause 65.2 below, Employees shall not work more than 7 hours 36
minutes In any one shift without overtime. All time worked In excess of 7 hours 36 minutes per shift
or 38 hours per week shall be paid for at overtime rates.
64.2 Where the ordinary hours of duty are worked on the basis of 152 hours In a four-week work cycle
as per sub-clause 62.2, Employees shall not work more than 8 hours in any one shift without
overtime. All time worked In excess of 8 hours per shift, or ordinary hours for a particular week In
such cycle, shall be paid for at overtime rates.
64.3 ln calculating the number of hours worked per week, any leave shall be treated as time worked.
64.4 Except ln special circumstances, no Employee shall work overtime unless authority for so working
Is first given by an Employee responsible for authorising overtime, and whenever possible,
Employees shall be given 24 hours' notice of the requirement that they work overtime.
64.5 For the purpose of calculatlng hourty rates the ordinary fortnightly salary shall be divided by the
ordinary hours for the fortnight.
Page 38 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 PART 2 - CORE CONDITIONS FOR SALARIED OFFICERS 61 Hours of Duty for Salarled Officers 61.1 Except as provided for in sub-clauses 61.2 and 61.3 the ordinary hours of duty shall be 38 per week to be worked in not more than five shifts. 61.2 Ordinary hours of duty may be worked to provide for 152 hours work in a four-week work cycle to enable officers to have one day off duty during that cycle by accruing additional working time on other working days. Payment in these circumstances to be made on an averaging basis of 76 ordinary hours per fortnight. 61.3 Clerical and administrative Employees engaged to work in non-shift work positions shall have ordinary hours of duty of 35 hours per week, to be worked in not more than 5 shifts and a total of 140 hours In a four-week cycle, to meet the criteria for accruing an ADO. 61.4 Where an Employee is required to work less than 38 hours per week and where a recognised finishing time exists, no Employee shall be called upon to work beyond that time. 61.5 The span of ordinary hours shall be 6.30am to 5.30pm. These hours may be altered by mutual agreement in writing between the Employer and the Employee in accordance with flexible working arrangements. 61.6 As far as practicable, Officers shall not be rostered for a longer perlod than 9 hours to be worked in 11 hours overall. 61.7 As far as practicable, Officers required to work shift work shall have one week on day duty (that is, shifts that do not finish between 12 midnight and 8.00 am) in every three and one Sunday off in every three. 61.8 In arranging hours of duty, when necessary, sufficient time must be allowed to permit a proper hand-over of duties. 62 Minimum Payments 62.1 Any Officer who attends for duty in accordance with Instructions but is not required, shall receive a minimum of five hours pay unless at least twelve hours notice was given to the Officer personally that they were not required for duty 62.2 If an officer actually commences duty and is subsequently advised that they are not required, the Officer shall receive a minimum of seven hours pay. 63 Spread of Hours 63.1 All time worked from time first signed on a broken shift shall be paid at the following rates: 63.1.1 Between a spread of 9.5 hours and 10.5 hours - time and a half; 63.1.2 After 10.5 hours - double time. 63.2 Officers shall not be rostered for broken shifts on a Saturday, Sunday or Public Holiday. 64 Overtime 64.1 Except as provided for in sub-clause 65.2 below, Employees shall not work more than 7 hours 36 minutes in any one shift without overtime. All time worked in excess of 7 hours 36 minutes per shift or 38 hours per week shall be paid for at overtime rates. 64.2 Where the ordinary hours of duty are worked on the basis of 152 hours in a four-week work cycle as per sub-clause 62.2, Employees shall not work more than 8 hours in any one shift without overtime. All time worked in excess of 8 hours per shift, or ordinary hours for a particular week In such cycle, shall be paid for at overtime rates. 64.3 In calculating the number of hours worked per week, any leave shall be treated as time worked. 64.4 Except in special circumstances, no Employee shall work overtime unless authority for so working Is first given by an Employee responsible for authorising overtime, and whenever possible, Employees shall be given 24 hours' notice of the requirement that they work overtime. 64.5 For the purpose of calculating hourly rates the ordinary fortnightly salary shall be divided by the ordinary hours for the fortnight. Page 38 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
64.6 Except in unavoidable circumstances, all overtime worked during any fortnightly pay period shall
be paid for not later than the payday for the period following that in which the overtime Is worked.
64. 7 Payment for overtime shall be made at the following rates:
64. 7 .1 Time worked on Saturdays, which does not form part of the ordinary hours for the
week - time and a half for first three hours and double time thereafter.
64.7.2 Except as provided for ln sub-clause 64.7.3, time worked in excess of 7 hours 36
minutes but less than 10 hours 36 minutes in any one shift Mondays to Fridays - time
and a half.
64.7.3 Where the ordinary hours of duty are worked on the basis of 152 hours in a four-week
work cycle as per sub-clause 61.2, time worked in excess of 8 hours but less than 11
hours in any one shift, Mondays to Fridays - time and a half.
64. 7 .4 Except as provided for In sub-clause 64. 7 .5, time worked in excess of 10 hours 36
minutes In any one shift - double-time.
64. 7 .5 Where the ordinary hours of duty are worked on the basis of 152 hours In a four-week
work cycle as per sub-clause 61.2, time worked in excess of 11 hours in any one shift
- double time.
64.7.6 Except as provided for In sub-clause 64.7.7, time worked in excess of 38 hours In the
week - time and a half. This sub-clause shall not apply where overtime payment is
calculated on a daily basis under the provisions of sub-clauses 64.7.2 and 64.7.3
above. Payment for overtime shall be calculated upon whichever of the two
altematives gives the greater amount.
64.7.7 Where the ordinary hours of duty are worked on the basis of 152 hours in a four-week
work cycle as prescribed in sub-clause 61.2, time worked in excess of ordinary hours
for a particular week in such cycle - time and a half. This sub-clause shall not apply
where overtime payment ls calculated on a daily basis under the provisions of sub
clauses 64. 7 .2 and 64. 7 .3. Payment for overtime shall be calculated upon whichever of
the two altematives gives the greater amount.
64. 7 .8 Except as provided in sub-clause 64. 7 .9, time worked by Employees whose ordinary
hours of duty are less than 38 per week before, after or beyond the usual hours up to 7
hours 36 minutes In any one shift - ordinary time.
64. 7 .9 Where such ordinary hours of duty less than 38 per week are worked by Employees
during a four week working cycle as provided for In sub-clause 61.2 above, time
worked before, after or beyond the usual hours up to eight hours in any one shift -
ordinary time.
64.8 Notwithstanding anything contained In this clause, salaried technical Employees shall be paid
overtime rates not less favourable than those applicable to tradespersons.
64.9 The employer shall determine whether or not to offer overtime (including DOCs), whether or not to
cover a shift, and the method of covering a shift or offering overtime if any (including whether to
cover a full shift, part shift, or offer overtime before or after a shift, or a DOC).
65 Time Off In Lieu of Payment for Overtime
65.1 An Employee may elect, with the consent of the Employer, to take time off In lleu of payment for
overtime at a time or times agreed with the Employer.
65.2 Alternatively, by agreement with the Employer, the Employee may elect to be paid at ordinary
rates for the time worked, and take time off at the rate of one half hour, or one hour, as the case
may be, for each hour of overtime worked.
65.3 The Employer shall, if requested by an Employee, provide payment at the rate provided for in this
clause for any overtime worked as per clause 64.1 where such time has not been taken within four
weeks of accrual.
65.4 The Employer shell record time off In lleu arrangements for each occasion this provision Is used.
66 Sunday Time
66.1 Sunday means the period between 12 midnight Saturday and 12 midnight Sunday.
Page 39 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 64.6 Except in unavoidable circumstances, all overtime worked during any fortnightly pay perlod shall be paid for not later than the payday for the perlod following that in which the overtime Is worked. 64.7 Payment for overtime shall be made at the following rates: 64.7.1 Time worked on Saturdays, which does not form part of the ordinary hours for the week - time and a half for first three hours and double time thereafter. 64.7.2 Except as provided for in sub-clause 64.7.3, time worked in excess of 7 hours 36 minutes but less than 10 hours 36 minutes in any one shift Mondays to Fridays - time and a half. 64.7.3 Where the ordinary hours of duty are worked on the basis of 152 hours in a four-week work cycle as per sub-clause 61.2, time worked in excess of 8 hours but less than 11 hours in any one shift, Mondays to Fridays - time and a half. 64.7.4 Except as provided for in sub-clause 64.7.5, time worked in excess of 10 hours 36 minutes In any one shift - double-time. 64.7.5 Where the ordinary hours of duty are worked on the basis of 152 hours in a four-week work cycle as per sub-clause 61.2, time worked in excess of 11 hours in any one shift - double time. 64.7.6 Except as provided for in sub-clause 64.7.7, time worked in excess of 38 hours in the week - time and a half. This sub-clause shall not apply where overtime payment is calculated on a daily basis under the provisions of sub-clauses 64.7.2 and 64.7.3 above. Payment for overtime shall be calculated upon whichever of the two alternatives gives the greater amount. 64.7.7 Where the ordinary hours of duty are worked on the basis of 152 hours in a four-week work cycle as prescribed in sub-clause 61.2, time worked in excess of ordinary hours for a particular week in such cycle - time and a half. This sub-clause shall not apply where overtime payment Is calculated on a daily basis under the provisions of sub- clauses 64.7.2 and 64.7.3. Payment for overtime shall be calculated upon whichever of the two alternatives gives the greater amount. 64.7.8 Except as provided in sub-clause 64.7.9, time worked by Employees whose ordinary hours of duty are less than 38 per week before, after or beyond the usual hours up to 7 hours 36 minutes In any one shift - ordinary time. 64.7.9 Where such ordinary hours of duty less than 38 per week are worked by Employees during a four week working cycle as provided for in sub-clause 61.2 above, time worked before, after or beyond the usual hours up to eight hours in any one shift - ordinary time. 64.8 Notwithstanding anything contained In this clause, salaried technical Employees shall be paid overtime rates not less favourable than those applicable to tradespersons. 64.9 The employer shall determine whether or not to offer overtime (including DOCs), whether or not to cover a shift, and the method of covering a shift or offering overtime if any (including whether to cover a full shift, part shift, or offer overtime before or after a shift, or a DOC). 65 Time Off In Lieu of Payment for Overtime 65.1 An Employee may elect, with the consent of the Employer, to take time off In lieu of payment for overtime at a time or times agreed with the Employer. 65.2 Alternatively, by agreement with the Employer, the Employee may elect to be paid at ordinary rates for the time worked, and take time off at the rate of one half hour, or one hour, as the case may be, for each hour of overtime worked. 65.3 The Employer shall, if requested by an Employee, provide payment at the rate provided for in this clause for any overtime worked as per clause 64.1 where such time has not been taken within four weeks of accrual. 65.4 The Employer shall record time off in lieu arrangements for each occasion this provision is used. 66 Sunday Time 66.1 Sunday means the period between 12 midnight Saturday and 12 midnight Sunday. Page 39 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
66.2 An Officer ordlnarlly required to work on Sunday as part of their regular working week shall be paid
for all time worked on Sunday during their ordinary hours of duty at the rate of double time. The
extra single time allowance shall stand alone and be paid for Independently of other time.
66.3 Officers who do not ordinarily work on Sunday shall be paid for any time worked on Sunday at the
rate of double-time.
67 Saturday Time
67.1 Saturday means the period between 12 midnight Friday and 12 midnight Saturday.
67.2 Notwithstanding anything contained In this Agreement, all time worked on Saturday which forms
part of the ordinary hours for the week shall be paid for at the rate of time and a half.
67.3 Time paid under this provision shall not be subject to any extra salary payment whatsoever under
any other clause of this Agreement provided, however, that time which forms part of the ordinary
hours for the week shall continue to be taken Into consideration for the calculatlon of overtime.
68 Shift Work Allowance
68.1 Definitions for the purpose of this clause are:
68.1.1 Aftemoon Shift means a shift which commences before 6.00pm and concludes at or
after 6.30pm.
68.1.2 Night Shift means a shift which commences at or between 6.00pm and 3.59am.
68.1.3 Early Morning Shift means a shift which commences at or between 4.00am and
5.30am.
68.2 Shift Work Allowances
68.2.1 For all paid time on duty not subject to overtime penalty on the day on ordinary shifts
on days other than a Sunday, Saturday or a Public Hollday, an Employee in receipt of
an adult salary rate shall receive an allowance as set out In Item 1 of Schedule C.
68.2.2 Other Officers shall be paid half the allowance herein prescribed for the same time on
duty.
68.2.3 In calculating the allowances herein prescribed, broken parts of an hour of less than 30
minutes shall be disregarded and 30 minutes to 59 minutes shall be paid for as an
hour.
68.2.4 In addition to the allowances prescribed herein, an Employee in receipt of an adult
salary rate who signs on or off at or between 1.01am and 3.59am on Monday to Friday
shall be paid a loading for that shift as outlined in Item 2 of Schedule C provided that
such loading is not payable on a Public Holiday or overtime shift.
68.2.5 Other Officers shall be paid half the loading herein prescribed for the same tum of
duty.
69 Time Off Between Shifts
69.1 Other than In cases of unavoidable necessity, Officers who are engaged in shift work shall be
allowed a minimum of ten hours between shifts.
70 Rostered Day Off
70.1 An Officer's Rostered Day Off (RDO) shall consist of not less than 24 hours from time signed off
until time signed on again.
70.2 When an Employee works on their RDO and is not given another day off in lieu In the same weak,
time worked shall stand alone and be paid for at the rate of double time if a Saturday or Sunday, or
at the rate of time and a half for the first three hours and double time thereafter If any other day.
70.3 Any Employee who attends a Departmental conference on their RDO, or who sits for an
examination on their RDO, shall have another day off granted In lleu of the time so occupied.
70.4 This clause shall not operate in the cases of Employees attending for any re-examinations.
Page40 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 66.2 An Officer ordinarily required to work on Sunday as part of their regular working week shall be paid for all time worked on Sunday during their ordinary hours of duty at the rate of double time. The extra single time allowance shall stand alone and be paid for independently of other time. 66.3 Officers who do not ordinarily work on Sunday shall be paid for any time worked on Sunday at the rate of double-time. 67 Saturday Time 67.1 Saturday means the period between 12 midnight Friday and 12 midnight Saturday. 67.2 Notwithstanding anything contained in this Agreement, all time worked on Saturday which forms part of the ordinary hours for the week shall be paid for at the rate of time and a half. 67.3 Time paid under this provision shall not be subject to any extra salary payment whatsoever under any other clause of this Agreement provided, however, that time which forms part of the ordinary hours for the week shall continue to be taken into consideration for the calculation of overtime. 68 Shift Work Allowance 68.1 Definitions for the purpose of this clause are: 68.1.1 Afternoon Shift means a shift which commences before 6.00pm and concludes at or after 6.30pm. 68.1.2 Night Shift means a shift which commences at or between 6.00pm and 3.59am. 68.1.3 Early Morning Shift means a shift which commences at or between 4.00am and 5.30am. 68.2 Shift Work Allowances 68.2.1 For all paid time on duty not subject to overtime penalty on the day on ordinary shifts on days other than a Sunday, Saturday or a Public Holiday, an Employee in receipt of an adult salary rate shall receive an allowance as set out in Item 1 of Schedule C. 68.2.2 Other Officers shall be paid half the allowance herein prescribed for the same time on duty 68.2.3 In calculating the allowances herein prescribed, broken parts of an hour of less than 30 minutes shall be disregarded and 30 minutes to 59 minutes shall be paid for as an hour. 68.2.4 In addition to the allowances prescribed herein, an Employee in receipt of an adult salary rate who signs on or off at or between 1.01am and 3.59am on Monday to Friday shall be paid a loading for that shift as outlined in Item 2 of Schedule C provided that such loading is not payable on a Public Holiday or overtime shift. 68.2.5 Other Officers shall be paid half the loading herein prescribed for the same turn of duty 69 Time Off Between Shifts 69.1 Other than in cases of unavoidable necessity, Officers who are engaged in shift work shall be allowed a minimum of ten hours between shifts. 70 Rostered Day Off 70.1 An Officer's Rostered Day Off (RDO) shall consist of not less than 24 hours from time signed off until time signed on again. 70.2 When an Employee works on their RDO and is not given another day off in lieu In the same week, time worked shall stand alone and be paid for at the rate of double time if a Saturday or Sunday, or at the rate of time and a half for the first three hours and double time thereafter If any other day. 70.3 Any Employee who attends a Departmental conference on their RDO, or who sits for an examination on their RDO, shall have another day off granted in ileu of the time so occupied. 70.4 This clause shall not operate in the cases of Employees attending for any re-examinations. Page 40 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
71 Excess Travelllng Time
71.1 Any Employee who takes up duty temporarily away from their usual workplace shall be paid at
ordinary rates for any extra time occupied In travelllng to and from such point of duty.
71.1.1 Payment shall be based on the shortest practical route In excess of that usually
occupied in travelling between their residence and usual workplace.
71.1.2 In addition the Employee shall be paid an allowance of 25 minutes, calculated as per
sub- clause 71.4, daily in lieu of all scheduled connections where public transport Is
used.
71.2 Any Employee who takes up duty temporarlly away from their usual workplace shall be paid the
amount of any additional fares reasonably incurred In travelling to and from such temporary point
of duty.
71.3 For the purposes of this clause Employees shall be regarded as not being on duty away from their
usual workplace when working in any place within 3.2 kilometres of such usual workplace
measured by the nearest practical route.
71.4 Ordinary rates for the purposes of this clause, means the rates paid for the work on which the
Employee is engaged for the day.
71.5 When an Employee is required to travel on duty outside the hours of his/her normal rostered shift,
the Employee shall be paid for such travelling time at single rate, except where otherwise provided
herein, to the extent that it exceeds two hours in each period of 24 hours but such payment shall
be subject to a maximum of 12 hours (8 hours when a sleeping berth is provided) in each 24
hours.
71.6 The period of 24 hours shall be deemed to commence when travel commences and where the
period exceeds 24 hours the time to be paid shall be computed afresh after expiration of each 24
hours absence.
71.7 Payment for travelling time on a Saturday shall be at the rate of time and a quarter, and on a
Sunday or a Public Holiday shall be at the rate of time and a half.
71.8 Employees whose salary rates are In excess of the maximum prescribed for Clerk, Special Grade,
shall not be eligible for the payment of travelling time.
71.9 Travelling time which Is payable under this clause shall not be paid at a salary rate exceeding the
maximum prescribed salary for Clerk Grade 6.
72 Change of Usual Workplace
72.1 68.1. The usual workplace of an Employee shall not be altered in any case where it is known at
the time of transfer or temporary relocation to another place of employment that the Employee will
be required to work at such place for less than six months. This clause shall not apply to Officers
who are surplus to requirements.
73 Increment Increases
73.1 Annual increment increases for all Salaried Employees covered by this Agreement will only be
approved subject to satisfactory performance. Such assessment of performance is to be
completed prior to each Employee's anniversary of appointment to their currant position.
74 Termination of Employment
Notice of termination by Employer
74.1 In order to terminate the employment of a permanent full-time or part-time Employee the Employer
shall give to the Employee the period of notice specified in the table below:
Period of continuous service Period of Notice
1 year or Jess 1 week
iver 1 vear and Ul'.1 to the com~tetion of 3 years 2weeks
1.ver 3 vears and up to the comoletion of 5 years 3weeks
~1ver 5 years of completed service 4weeks
74.2 In addition to this notice, Employees over 45 years of age at the time of the giving of the notice
with not less than two years continuous service, are entltled to an addltlonal week's notice.
Page 41 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 71 Excess Travelling Time 71.1 Any Employee who takes up duty temporarily away from their usual workplace shall be paid at ordinary rates for any extra time occupled In travelling to and from such point of duty. 71.1.1 Payment shall be based on the shortest practical route in excess of that usually occupied in travelling between their residence and usual workplace. 71.1.2 In addition the Employee shall be paid an allowance of 25 minutes, calculated as per sub- clause 71.4, daily in lieu of all scheduled connections where public transport is used. 71.2 Any Employee who takes up duty temporarily away from their usual workplace shall be paid the amount of any additional fares reasonably incurred in travelling to and from such temporary point of duty. 71.3 For the purposes of this clause Employees shall be regarded as not being on duty away from their usual workplace when working in any place within 3.2 kilometres of such usual workplace measured by the nearest practical route. 71.4 Ordinary rates for the purposes of this clause, means the rates paid for the work on which the Employee is engaged for the day. 71.5 When an Employee is required to travel on duty outside the hours of his/her normal rostered shift, the Employee shall be paid for such travelling time at single rate, except where otherwise provided herein, to the extent that it exceeds two hours in each period of 24 hours but such payment shall be subject to a maximum of 12 hours (8 hours when a sleeping berth is provided) in each 24 hours. 71.6 The perlod of 24 hours shall be deemed to commence when travel commences and where the period exceeds 24 hours the time to be paid shall be computed afresh after expiration of each 24 hours absence. 71.7 Payment for travelling time on a Saturday shall be at the rate of time and a quarter, and on a Sunday or a Public Holiday shall be at the rate of time and a half. 71.8 Employees whose salary rates are in excess of the maximum prescribed for Clerk, Special Grade, shall not be eligible for the payment of travelling time. 71.9 Travelling time which Is payable under this clause shall not be paid at a salary rate exceeding the maximum prescribed salary for Clerk Grade 6. 72 Change of Usual Workplace 72.1 68.1. The usual workplace of an Employee shall not be altered in any case where it is known at the time of transfer or temporary relocation to another place of employment that the Employee will be required to work at such place for less than six months. This clause shall not apply to Officers who are surplus to requirements. 73 Increment Increases 73.1 Annual increment increases for all Salaried Employees covered by this Agreement will only be approved subject to satisfactory performance. Such assessment of performance is to be completed prior to each Employee's anniversary of appointment to their current position. 74 Termination of Employment Notice of termination by Employer 74.1 In order to terminate the employment of a permanent full-time or part-time Employee the Employer shall give to the Employee the period of notice specified in the table below: Period of continuous service Perlod of Notice 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years of completed service 4 weeks 74.2 In addition to this notice, Employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice. Page 41 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
74.3 Payment In lieu of the notice will be made if the appropriate notice period is not required to be
worked. Employment may be tenninated by the Employee working part of the required period of
notice and by the Employer making payment for the remainder of the period of notice.
74.4 In calculating any payment in lieu of notice, the wages an Employee would have received in
respect of the ordinary time they would have worked during the period of notice had their
employment not bean tennlnated wUI be used.
74.5 The period of notice in this clause, shall not apply In the case of dismissal for conduct that Justifies
Instant dlsmlssal including inefficiency within the first 14 days, neglect of duty or misconduct and in
the case of casual Employees, Apprentices or Employees engaged for a specific period of time or
for a specific task or tasks.
74.6 KDNB commits not to Implement any forced redundancies of Transferring Employees for a period
of 48 months following the transfer of services to KDNB in the relevant region.
Notice of termination by an Employee
74.7 The notice oftennination required to be given by an Employee Is the same as that required of an
Employer, save and except that there is no requirement on the Employee to give additional notice
based on the age of the Employee concerned. ·
74.8 If an Employee falls to give notice the Employer has the right to withhold monies due to the
Employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.
Time off during notice period
74.9 Where an Employer has given notice of termination to an Employee, an Employee shall be
allowed up to one day's time off without loss of pay for the purpose of seeking other employment.
The time off shall be taken at times that are convenient to the Employee after consultation with the
Employer.
75 Salary Rates
75.1 Employees perfonnlng work within the classifications listed in the following tables will be paid
annual salary at no less than the minimum rate adjacent to the relevant classlfication.
75.2 Junior Salaries
75.3 Salaried Officers
Age
Under 17
At17
At18
At19
At20
Grade
1
2
3
4
5
6
Special
Relatlvlty %
44
50
57
68
75
Relatlvlty%
83
100
103
110
118
129
140
Page 42 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 74.3 Payment In lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the Employee working part of the required period of notice and by the Employer making payment for the remainder of the period of notice. 74.4 In calculating any payment in lieu of notice, the wages an Employee would have received in respect of the ordinary time they would have worked during the period of notice had thelr employment not been terminated will be used. 74.5 The period of notice in this clause, shall not apply In the case of dismissal for conduct that justifies Instant dismissal including inefficiency within the first 14 days, neglect of duty or misconduct and in the case of casual Employees, Apprentices or Employees engaged for a specific period of time or for a specific task or tasks. 74.6 KDNB commits not to Implement any forced redundancies of Transferring Employees for a period of 48 months following the transfer of services to KDNB in the relevant region. Notice of termination by an Employee 74.7 The notice of termination required to be given by an Employee Is the same as that required of an Employer, save and except that there is no requirement on the Employee to give additional notice based on the age of the Employee concerned. 74.8 If an Employee fails to give notice the Employer has the right to withhold monies due to the Employee to a maximum amount equal to the ordinary time rate of pay for the period of notice. Time off during notice period 74.9 Where an Employer has given notice of termination to an Employee, an Employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the Employee after consultation with the Employer. 75 Salary Rates 75.1 Employees performing work within the classifications listed in the following tables will be paid annual salary at no less than the minimum rate adjacent to the relevant classification. 75.2 Junior Salarles Age Relativity % Under 17 44 At 17 50 At 18 57 At 19 68 At 20 75 75.3 Salaried Officers Grade Relativity % 1 83 2 100 3 103 4 110 5 118 6 129 Special 140 Page 42 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
Page 43 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 Page 43 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
PART 2A -ADMINISTRATIVE STREAM
76 Direct Appointment
76.1 It is agreed that where a position is elevated by one grade the Incumbent may be directly
appointed to the new grade or the position advertised, with each particular circumstance to be
assessed by the Employer at the time and following consultation with the Union or other Employee
representative, where appllcable.
77 Fllllng of Authorised Positions
77.1 When a position becomes vacant, the Employer shall determine if the position is to continue as an
Authorised PoslUon.
77.2 The Employer will fill vacant positions which it intends to maintain on Its establishment within six
months either permanenUy or in accordance with Clause 25 - Temporary Appointment.
78 Traineeships
78.1 It is agreed that traineeships be offered by the Employer to enable such Employees to gain
Salarled Officers experience, with the possibility of future appointment within the administrative
areas.
Page44 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 PART 2A - ADMINISTRATIVE STREAM 76 Direct Appointment 76.1 It is agreed that where a position is elevated by one grade the incumbent may be directly appointed to the new grade or the position advertised, with each particular circumstance to be assessed by the Employer at the time and following consultation with the Union or other Employee representative, where applicable. 77 Filling of Authorised Positions 77.1 When a position becomes vacant, the Employer shall determine if the position is to continue as an Authorised Position. 77.2 The Employer will fill vacant positions which it intends to maintain on Its establishment within six months either permanently or in accordance with Clause 25 - Temporary Appointment. 78 Traineeships 78.1 It is agreed that traineeships be offered by the Employer to enable such Employees to gain Salaried Officers experience, with the possibility of future appointment within the administrative areas. Page 44 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
PART 2B - MAINTENANCE STREAM
79 FIiiing of Authorised Positions
79.1 When a position becomes vacant, the Employer shall determine if the position Is to continue as an
authorised position.
79.2 The Employer will fill vacant positions which It Intends to maintain on its establishment within six
months either permanently or in accordance with Clause 25 - Temporary Appointment.
80 Flexibility
80.1 In order to be cost-effective and ensure quality standards are met, the parties agree that all
Employees will perform their allocated duties In an efficient and timely manner.
80.2 The parties agree that no artificial barriers will be created to inhibit Employees carrying out duties
in which they are competent. Competence Is acknowledged as being suitably qualified, licensed
(where applicable) or having received any other recognised training either on-site or off-site.
81 Master Roster Changes
81.1 To ensure roster changes can be Implemented within a short period of time and hence gain the
maximum benefit it is agreed between the parties that 14 days notice Is to be given to Employees
where a Master Roster is to be changed.
Page45 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 PART 2B - MAINTENANCE STREAM 79 Filling of Authorised Positions 79.1 When a position becomes vacant, the Employer shall determine if the position Is to continue as an authorised position. 79.2 The Employer will fill vacant positions which It intends to maintain on its establishment within six months either permanently or in accordance with Clause 25 - Temporary Appointment. 80 Flexibility 80.1 In order to be cost-effective and ensure quality standards are met, the parties agree that all Employees will perform their allocated duties in an efficient and timely manner. 80.2 The partles agree that no artificial barriers will be created to inhibit Employees carrying out duties in which they are competent. Competence Is acknowledged as being suitably qualified, licensed (where applicable) or having received any other recognised training elther on-site or off-site. 81 Master Roster Changes 81.1 To ensure roster changes can be Implemented within a short period of time and hence gain the maximum benefit it is agreed between the parties that 14 days notice is to be given to Employees where a Master Roster is to be changed. Page 45 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
PART 2C • OPERATIONAL SUPPORT STREAM
82 Revenue Rooms
82.1 To ensure services are maintained outside normal administrative hours, it is agreed between the
parties that operations supervisory staff on duty at the depot can enter the Revenue Room to
perform the following duties:
• Change note fold, If necessary.
• Rectify faults as required.
• Rebooting computers and saving Information.
• Issue of lost property.
82.2 Employees undertaking these duties wllf receive appropriate training associated with safe custody,
cash regulations and security arrangements. Such training to be supplemented by prescribed
procedures In the performance of this work, which are consistent with safe custody of cash and
property requirements.
83 Pass Issue
83.1 It Is agreed between the parties, Duty Officers and Network Supervisors may be utilised to verify,
issue or receive Holiday Passes In emergency situations outside of normal office hours. The audit
requirements relative to the custody and security of passes are to be adhered to.
84 Check Valldlty of Licences/Accreditation and Bus Operator Presentation
84.1 Duty Officers and Network Supervisors can be required to check driver's licenses, Ministry of
Transport accreditation of staff operating the Employer's vehicles and the presentation of Bus
Operators.
85 Cleanlng and Maintaining Street Furniture, Ticket Readers and Driver
Consoles
85.1 It is agreed between the parties that Duty Officers and Network Supervisors will perform minor
cleaning and maintenance to street furniture. In addition they will exchange on board Automatic
Fare Collection equipment (TR's and DC's) and undertake minor repairs to the extent that
warranty requirements are not being breached.
85.2 Any Employee covered by this Agreement who has the skills may be utilised to exchange on board
ticketing equipment (TR's and DC's) and undertake minor repairs to the extent that warranty
requirements are not being breached.
86 Performance Assessment of Bus Operators
86.1 To achieve and maintain customer support and satisfaction It Is necessary to meet performance
indicators and monitor those indicators.
86.2 To determine if Bus Operators are meeting the required standards, It Is agreed between the
parties that Duty Officers and Network Supervisors will monitor bus operator performance.
87 Minor Bus Repairs
87.1 84.1. Subject to determination of a list of repairs in conjunction with a Depot Service Manager,
Duty Officers and Network Supervisors will perform minor bus repairs. It is anticipated this work
will be performed by the mobile truck and at selected terminals.
88 Bus Operations
88.1 Duty Officers and Network Supervisors are to maintain bus operator accreditation to operate bus
services In the event of an emergency and the unavailability of on-call staff. This action is limited to
the operation of a bus to the nearest terminus, setting down only. As well, the Employee must
have driven a bus on a public roadway or have undertaken refresher training ("Brush-UpR) within
the preceding three months prior to taking over the control of any bus in traffic.
89 Handover Period
89.1 Where a Duty Officer, a Network Supervisor, or a Network Control Supervisor signs off and is
Page46 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 PART 2C - OPERATIONAL SUPPORT STREAM 82 Revenue Rooms 82.1 To ensure services are maintained outside normal administrative hours, it is agreed between the parties that operations supervisory staff on duty at the depot can enter the Revenue Room to perform the following duties: · Change note fold, If necessary. Rectify faults as required. · Rebooting computers and saving information. · Issue of lost property. 82.2 Employees undertaking these duties will receive appropriate training associated with safe custody, cash regulations and security arrangements. Such training to be supplemented by prescribed procedures In the performance of this work, which are consistent with safe custody of cash and property requirements. 83 Pass Issue 83.1 It is agreed between the parties, Duty Officers and Network Supervisors may be utilised to verify, issue or receive Holiday Passes in emergency situations outside of normal office hours. The audit requirements relative to the custody and security of passes are to be adhered to. 84 Check Validity of Licences/Accreditation and Bus Operator Presentation 84.1 Duty Officers and Network Supervisors can be required to check driver's licenses, Ministry of Transport accreditation of staff operating the Employer's vehicles and the presentation of Bus Operators. 85 Cleaning and Maintaining Street Furniture, Ticket Readers and Driver Consoles 85.1 It is agreed between the parties that Duty Officers and Network Supervisors will perform minor cleaning and maintenance to street furniture. In addition they will exchange on board Automatic Fare Collection equipment (TR's and DC's) and undertake minor repairs to the extent that warranty requirements are not being breached. 85.2 Any Employee covered by this Agreement who has the skills may be utilised to exchange on board ticketing equipment (TR's and DC's) and undertake minor repairs to the extent that warranty requirements are not being breached. 86 Performance Assessment of Bus Operators 86.1 To achieve and maintain customer support and satisfaction It is necessary to meet performance indicators and monitor those indicators. 86.2 To determine if Bus Operators are meeting the required standards, It is agreed between the partles that Duty Officers and Network Supervisors will monitor bus operator performance. 87 Minor Bus Repairs 87.1 84.1. Subject to determination of a list of repairs in conjunction with a Depot Service Manager, Duty Officers and Network Supervisors will perform minor bus repairs. It is anticipated this work will be performed by the mobile truck and at selected terminals. 88 Bus Operations 88.1 Duty Officers and Network Supervisors are to maintain bus operator accreditation to operate bus services in the event of an emergency and the unavailability of on-call staff. This action is limited to the operation of a bus to the nearest terminus, setting down only. As well, the Employee must have driven a bus on a public roadway or have undertaken refresher training ("Brush-Up") within the preceding three months prior to taking over the control of any bus in traffic. 89 Handover Perlod 89.1 Where a Duty Officer, a Network Supervisor, or a Network Control Supervisor signs off and is Page 46 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
replaced, and their work is taken over by another Duty Officer, a Network Supervisor, or a Network
Control Supervisor, there wlll be a tan minute handover period bullt Into the shift.
90 Fatigue Management
90.1 The parties recognise the appllcatlon of the fatigue management princlples to all transport safety
work. The parties are committed to abide by current and future legislation relatlng to fatigue
management In the rostering of all transport safety work.
91 Duty Officer (Night) Rellef
91.1 All current work practices concerning Duty Officer (Night) relief work will be undertaken by suitably
qualified Bus Operators, by examination.
91.2 There will be no changes to the rellef duties currently applying to the Bus Operations structure
(refer to clauses 93.31 to 93.34 lncluslve, of this Agreement).
92 Network Control Centre Quallflcatlon Training
92.1 The employer wlll provide periodical training for Employees who wish to work in the Network
Control Centre.
92.2 Applicants for the training wlll be selected on merit.
92.3 Successful applicants wlll participate In a full training course that will provide them with the skills to
work In the Network Control Centre.
92.4 Applicants who successfully complete the training will participate In a Network Control Centre
development program.
92.5 Once quallfled, Employees wlll be added to a development pool, conslsUng of no less than eight
Employees.
92.6 Qualified Employees will be rostered periodically to work in the Network Control Centre. This will
be done on a rotational basis through the development pool.
92.7 Qualified Employees may be asked to work In the Network Control Centre from time to time
subject to operational requirements.
93 Duty Officers and Network Supervisors Roster Prlnclples
93.1 These prlnclples only apply to those employees that are classified as, or acting as, Duty Officers or
Network Supervisors and wlll be rostered 152 ordinary hours in a four-week cycle.
93.2 Employees will be rostered one ADO in each four-week roster cycle.
CONSULTATION
93.3 In the construction and maintenance of rosters, management will consult with Employees.
93.4 When consulting with Employees, the following issues should be considered:
• Workplace, Health and Safety.
• Carer's responsibilities.
• Impact upon the family and social responsibilities of the affected Employees.
MASTER ROSTER
93.5 A Master Roster Is the template that all period rosters are based upon and will contain all known
work.
INTRODUCTION OF MASTER ROSTERS
93.6 In order to meet changing customer, operational and commercial requirements, it is necessary
from time to time to alter rosters to cater for changed circumstances.
93.7 Master Rosters shall be adjusted on the provision of 28 days notice up to a maximum of twice per
calendar year, except in exceptional circumstances, and in consultation with affected Employees,
Master Rosters will be adjusted In the following manner:
93. 7.1 On the 28th day prior to introduction, a copy of the new Duty and Period Roster is to
be given to all affected Employees and an additional copy placed on the depot notice
Page 47 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 replaced, and their work is taken over by another Duty Officer, a Network Supervisor, or a Network Control Supervisor, there will be a ten minute handover period bullt into the shift. 90 Fatigue Management 90.1 The parties recognise the application of the fatigue management principles to all transport safety work. The parties are committed to abide by current and future legislation relating to fatigue management In the rostering of all transport safety work. 91 Duty Officer (Night) Rellef 91.1 All current work practices concerning Duty Officer (Night) rellef work will be undertaken by suitably qualified Bus Operators, by examination. 91.2 There will be no changes to the rellef duties currently applying to the Bus Operations structure (refer to clauses 93.31 to 93.34 inclusive, of this Agreement). 92 Network Control Centre Qualification Training 92.1 The employer will provide periodical training for Employees who wish to work in the Network Control Centre. 92.2 Applicants for the training will be selected on merit. 92.3 Successful applicants will participate In a full training course that will provide them with the skills to work In the Network Control Centre. 92.4 Applicants who successfully complete the training will participate In a Network Control Centre development program. 92.5 Once qualified, Employees will be added to a development pool, consisting of no less than eight Employees. 92.6 Qualified Employees will be rostered periodically to work in the Network Control Centre. This will be done on a rotational basis through the development pool. 92.7 Qualified Employees may be asked to work in the Network Control Centre from time to time subject to operational requirements. 93 Duty Officers and Network Supervisors Roster Principles 93.1 These principles only apply to those employees that are classified as, or acting as, Duty Officers or Network Supervisors and will be rostered 152 ordinary hours in a four-week cycle. 93.2 Employees will be rostered one ADO in each four-week roster cycle. CONSULTATION 93.3 In the construction and maintenance of rosters, management will consult with Employees. 93.4 When consulting with Employees, the following issues should be considered: . Workplace, Health and Safety. · Carer's responsibilities. · Impact upon the family and social responsibilities of the affected Employees. MASTER ROSTER 93.5 A Master Roster Is the template that all period rosters are based upon and will contain all known work. INTRODUCTION OF MASTER ROSTERS 93.6 In order to meet changing customer, operational and commercial requirements, it is necessary from time to time to alter rosters to cater for changed circumstances. 93.7 Master Rosters shall be adjusted on the provision of 28 days notice up to a maximum of twice per calendar year, except in exceptional circumstances, and in consultation with affected Employees, Master Rosters will be adjusted in the following manner: 93.7.1 On the 28th day prior to introduction, a copy of the new Duty and Perlod Roster is to be given to all affected Employees and an additional copy placed on the depot notice Page 47 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
board.
93.7.2 On the 21st day prior to introduction, concerns raised with the rosters are to be
provided to the relevant Manager. During the next seven days, the relevant Manager
is to modify the roster on the basis of concerns raised, providing such alterations do
not impact on the overall efficiency and cost of the roster.
93.7.3 The roster is to be displayed on the Tuesday prior to introduction.
93.8 Rosters will be worked where they comply with all relevant policies, industrial instruments and
regulations.
PERIOD ROSTERS
93.9 Four weekly Period Rosters are constructed by using the Master Roster as the template and then
making the necessary alterations to shifts or lines of work in accordance with the business needs
for the ensuing four weeks, which includes all known work.
93.1 O Period Rosters wlll be posted on the Tuesday prior to the commencement of the new Period
Roster on the Sunday.
93.11 When constructing the Period Roster, if a day off pattern in the Period Roster Is altered to be
different to the Master Roster, the relevant manager will consult with affected Employees, except
during a week where a Public Holiday falls on a weekday. In such instance a day off may be
Inserted Into the Publlc Hollday.
93.12 If an Employee has had approval to clear a Public Holiday, there wlll be no requirement to work
the Public Holiday unless otherwise agreed between the Employee and Employer.
93.13 Employees may exchange shifts by mutual agreement providing management approves the
exchange.
93.14 Special events are to be built Into the Period Roster where known and will also be posted at least
14 days prior to the event where known. When notice of a speclal event is obtained after the
posting of the period roster, the rosters are to be altered in consultation with affected Employees.
93.15 When constructing the Period Roster, If there are more cut-out lines of work than there are holiday
relief staff and that cut-out line of work is two weeks duration (14 calendar days) or more, then that
line of work will be offered to a sultably quallfled Duty Officer or Network Supervisor. If the cut-out
line of work is less than two weeks duration (14 calendar days) and If the Employer determines
that the short- term cancellation of the shift would adversely impact on the Employer's delivery of
services to customers (passengers), then those shifts wlll be DOC'd into the existing roster.
DAILY MAINTENANCE OF PERIOD ROSTERS
93.16 No alteration shall be made to the hours of work of any Employee except in cases of sickness,
accident, failure of duty or suspension from duty of an Employee, attendance of an Employee at
court or leave for Employees at short notice, unless the Employee is notified of such alteration on
attending for duty on the shift proceeding the one altered. The notice period can be waived by
mutual agreement between the Employer and Employee. If an Employee has two days off
together, they must be advised of any alteration of their work on the first day of their days off.
93.17 The provisions of this clause do not apply in emergencies or unforeseen circumstances.
93.18 Where the Employer makes a decision to fill a vacant Duty Officer or Network Supervisor shift at
any depot the following procedures will apply:
93.18.1 When maintaining the Period Roster, if cut-out work of 2 weeks duration (14 calendar
days) or more becomes available, then that cut-out work will be offered to a suitably
qualified Duty Officer or Network Supervisor. If the cut-out work Is less than two weeks
duration (14 calendar days), then those shifts wlll be DOC'd into the existing roster
following the below procedure:
93.18.2 When the vacant shift Is to be DOC'd Into the roster, It wlll be offered to the Duty
Officer or Network Supervisor from the depot/area where the vacant shift exists In the
order of least amount of offered DOCs for the current financial year.
93.18.3 Should there be no Officer from the depot/region where the vacant shift exists
avallable to flll the vacant shift, the shift wlll be offered to Duty Officers or Network
Supervisors from other areas in Sydney. The shift to be DOC'd will be offered to the
Page48 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 board 93.7.2 On the 21st day prior to introduction, concems ralsed with the rosters are to be provided to the relevant Manager. During the next seven days, the relevant Manager is to modify the roster on the basis of concerns raised, providing such alterations do not impact on the overall efficiency and cost of the roster. 93.7.3 The roster is to be displayed on the Tuesday prior to introduction. 93.8 Rosters will be worked where they comply with all relevant policies, industrial instruments and regulations. PERIOD ROSTERS 93.9 Four weekly Period Rosters are constructed by using the Master Roster as the template and then making the necessary alterations to shifts or lines of work in accordance with the business needs for the ensuing four weeks, which includes all known work. 93.10 Period Rosters will be posted on the Tuesday prior to the commencement of the new Period Roster on the Sunday. 93.11 When constructing the Period Roster, if a day off pattern in the Period Roster is altered to be different to the Master Roster, the relevant manager will consult with affected Employees, except during a week where a Public Holiday falls on a weekday. In such instance a day off may be Inserted into the Public Holiday. 93.12 If an Employee has had approval to clear a Public Holiday, there will be no requirement to work the Public Holiday unless otherwise agreed between the Employee and Employer. 93.13 Employees may exchange shifts by mutual agreement providing management approves the exchange 93.14 Special events are to be built Into the Period Roster where known and will also be posted at least 14 days prior to the event where known. When notice of a special event is obtained after the posting of the period roster, the rosters are to be altered in consultation with affected Employees. 93.15 When constructing the Period Roster, If there are more cut-out lines of work than there are holiday relief staff and that cut-out line of work is two weeks duration (14 calendar days) or more, then that line of work will be offered to a suitably qualified Duty Officer or Network Supervisor. If the cut-out line of work is less than two weeks duration (14 calendar days) and if the Employer determines that the short- term cancellation of the shift would adversely impact on the Employer's delivery of services to customers (passengers), then those shifts will be DOC'd into the existing roster. DAILY MAINTENANCE OF PERIOD ROSTERS 93.16 No alteration shall be made to the hours of work of any Employee except in cases of sickness, accident, failure of duty or suspension from duty of an Employee, attendance of an Employee at court or leave for Employees at short notice, unless the Employee is notified of such alteration on attending for duty on the shift proceeding the one altered. The notice period can be walved by mutual agreement between the Employer and Employee. If an Employee has two days off together, they must be advised of any alteration of their work on the first day of their days off. 93.17 The provisions of this clause do not apply in emergencies or unforeseen circumstances. 93.18 Where the Employer makes a decision to fill a vacant Duty Officer or Network Supervisor shift at any depot the following procedures will apply: 93.18.1 When maintaining the Period Roster, if cut-out work of 2 weeks duration (14 calendar days) or more becomes avallable, then that cut-out work will be offered to a suitably qualified Duty Officer or Network Supervisor. If the cut-out work Is less than two weeks duration (14 calendar days), then those shifts will be DOC'd into the existing roster following the below procedure: 93.18.2 When the vacant shift is to be DOC'd into the roster, It will be offered to the Duty Officer or Network Supervisor from the depot/area where the vacant shift exists In the order of least amount of offered DOCs for the current financial year. 93.18.3 Should there be no Officer from the depot/region where the vacant shift exists available to fill the vacant shift, the shift will be offered to Duty Officers or Network Supervisors from other areas in Sydney. The shift to be DOC'd will be offered to the Page 48 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
Officer with the least amount of offered DOCs for the current financial year, at the
depot closest to where the shift Is to be worked.
93.18.4 If the employer has exhausted all options available, a Senior or Salaried Employee
may be rostered to assist a Duty Officer or Network Supervisor with their duties.
93.19 Employees will not be called upon to work a broken shift on a Saturday, Sunday or Public Holiday.
93.20 Any Employee that attends for duty in accordance with instructions but Is not required, shall
receive a minimum of five hours pay unless at least 12 hours notice was given to them that they
were not required for duty.
93.21 If an Employee commences duty and Is not required for the full shift, they will receive a minimum
of seven hours pay.
93.22 Employees that perform shift work will have one week in every three away from shifts that finish
between midnight and 8am, unless mutually agreed between the Employee and Employer.
OVERTIME
93.23 Employees will only work overtime when they have been properly authorised to do so.
93.24 Employees will be provided with 24 hours notice of the requirement to work overtime where It Is
practical to doso.
93.25 Employees will have a ten hour break between shifts.
93.26 Period Rosters will show the commencement and finishing times of all shifts. This clause does not
apply In cases of emergency or special events.
EMPLOYEES ON LOAN
93.27 Employees on loan to other depots will be provided with secure facilities for personal Items.
REDUCTIONS IN LINES OF WORK
93.28 Affected Employees win be consulted when the number of lines on a roster Is reduced.
VACANT LINE OF WORK
93.29 When a line of work becomes vacant at any depot/region It wlll be filled by an Employee at that
depot/region with a transfer lodged for the line of work. The resultant vacancy wlll be filled by an
Employee with a transfer lodged for the depot/region In which the llne of work has become vacant
providing there Is no Excess Employee within the grade that either have the skllls or can acquire
the skills In the tlmeframe pursuant to the Employer's Excess Employees Policy. In this case, the
position will be filled by the Excess Employee. If there are no Excess Employees available and no
transfers lodged, the vacant llne of work wlll be advertised and filled on merit.
93.30 When a line of work becomes vacant the Employer wlll:
93.30.1 Make a decision about how the position is to be filled.
93.30.2 If the position is to be filled, either permanently or in accordance to clause 25 -
Temporary Appointment, the process of filling the position will be fully completed within
12 weeks from the position becoming vacant.
93.30.3 If the Employer makes a decision to abollsh the position, It wlll enter Into a consultative
process pursuant to clause 20.
CONSTRUCTION OF DUTY OFFICER (NIGHT) PERIOD ROSTER
93.31 When constructing the Period Roster, existing relief arrangement enabling suitably quallfled Bus
Operators, qualified by examination, to perform Duty Officer (Night) cut-out lines of work are to
continue.
93.32 When constructing the new Period Roster, the Duty Officer (Night) •ADO• shift should not be
covered by either qualified Bus Operator or Duty Officer (Night) rosters untll It can be determined if
there will be Days Off Cancelled (DOC) In the Bus Operators 'rosters.
DAILY MAINTENANCE OF DUTY OFFICER (NIGHT) ROSTER
93.33 If the Bus Operator's staff position is such that the DOC's are being rostered, then the vacant shift
(including ADO shift) is rostered into the Duty Officer (Night) line of work as a DOC.
Page49 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 Officer with the least amount of offered DOCs for the current financial year, at the depot closest to where the shift is to be worked. 93.18.4 If the employer has exhausted all options available, a Senior or Salaried Employee may be rostered to assist a Duty Officer or Network Supervisor with their duties. 93.19 Employees will not be called upon to work a broken shift on a Saturday, Sunday or Public Holiday. 93.20 Any Employee that attends for duty in accordance with instructions but is not required, shall receive a minimum of five hours pay unless at least 12 hours notice was given to them that they were not required for duty 93.21 If an Employee commences duty and is not required for the full shift, they will receive a minimum of seven hours pay. 93.22 Employees that perform shift work will have one week in every three away from shifts that finish between midnight and 8am, unless mutually agreed between the Employee and Employer. OVERTIME 93.23 Employees will only work overtime when they have been properly authorised to do so. 93.24 Employees will be provided with 24 hours notice of the requirement to work overtime where it Is practical to doso. 93.25 Employees will have a ten hour break between shifts. 93.26 Period Rosters will show the commencement and finishing times of all shifts. This clause does not apply in cases of emergency or special events. EMPLOYEES ON LOAN 93.27 Employees on loan to other depots will be provided with secure facilities for personal Items. REDUCTIONS IN LINES OF WORK 93.28 Affected Employees will be consulted when the number of lines on a roster Is reduced. VACANT LINE OF WORK 93.29 When a line of work becomes vacant at any depot/region It will be filled by an Employee at that depot/region with a transfer lodged for the line of work. The resultant vacancy will be filled by an Employee with a transfer lodged for the depot/region In which the line of work has become vacant providing there is no Excess Employee within the grade that either have the skills or can acquire the skills in the timeframe pursuant to the Employer's Excess Employees Policy. In this case, the position will be filled by the Excess Employee. If there are no Excess Employees available and no transfers lodged, the vacant line of work will be advertised and filled on merit. 93.30 When a line of work becomes vacant the Employer will: 93.30.1 Make a decision about how the position is to be filled. 93.30.2 If the position is to be filled, either permanently or in accordance to clause 25 - Temporary Appointment, the process of filling the position will be fully completed within 12 weeks from the position becoming vacant. 93.30.3 If the Employer makes a decision to abolish the position, It will enter into a consultative process pursuant to clause 20. CONSTRUCTION OF DUTY OFFICER (NIGHT) PERIOD ROSTER 93.31 When constructing the Perlod Roster, existing relief arrangement enabling suitably qualifled Bus Operators, qualified by examination, to perform Duty Officer (Night) cut-out lines of work are to continue. 93.32 When constructing the new Period Roster, the Duty Officer (Night) "ADO" shift should not be covered by either qualified Bus Operator or Duty Officer (Night) rosters until It can be determined if there will be Days Off Cancelled (DOC) In the Bus Operators 'rosters. DAILY MAINTENANCE OF DUTY OFFICER (NIGHT) ROSTER 93.33 If the Bus Operator's staff position is such that the DOC's are being rostered, then the vacant shift (including ADO shift) is rostered into the Duty Officer (Night) line of work as a DOC. Page 49 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
93.34 If the Bus Operator's staff position is such that there are no DOCs being rostered, then the vacant
Duty Officer (Night) shift Is to be rostered to a suitably qualified Bus Operator as an ordinary shift.
94 Network Control Centre Roster Principles
94.1 These principles only apply to those Employees that are classlfled, or acting, as Network Control
Centre Senior Network Controller or Network Controller and wlll be rostered 152 ordinary hours In
a four- week cycle.
94.2 Employees will be rostered one ADO In each four-week roster cycle.
CONSULTATION
94.3 In the construction and maintenance of rosters, management will consult with Employees.
94.4 When consulting with Employees, the following Issues should be considered
• Workplace, Health and Safety.
• Carer's responslbllltles.
• Impact upon the family and social responsibilities of the affected Employees.
MASTER ROSTER
94.5 A Master Roster Is the template that all Period Rosters are based upon.
INTRODUCTION OF MASTER ROSTERS
94.6 In order to meet changing customer, operational and commercial requirements it is necessary from
time to time to alter rosters to cater for changed circumstances.
94.7 Master Rosters shall be adjusted on the provision of 28 days notice up to a maximum of twice per
calendar year, except in exceptional circumstances, and in consultation with affected Employees,
Master Rosters wlll be adjusted In the following manner:
94.7.1 On the 28th day prior to introduction, a copy of the new Duty and Period Roster is to
be given to all affected Employees and an additional copy placed on the depot notice
board.
94.7.2 On the 21st day prior to introduction, concerns raised with the rosters are to be
provided to the relevant manager. During the next seven days, the relevant manager is
to modify the roster on the basis of concerns raised, providing such alterations do not
impact on the overall efficiency and cost of the roster.
94.7.3 The roster is to be displayed on the Tuesday prior to Introduction.
94.8 Rosters wlll be worked where they comply with all relevant policies, the industrlal Instruments and
relevant Regulations.
PERIOD ROSTERS
94.9 Four weekly Period Rosters are constructed by using the Master Roster as the template and then
making the necessary alterations to shifts or lines of work in accordance with the business needs
for the ensuing four weeks, which Includes all known work.
94.1 O Period Rosters will be posted on the Tuesday prior to the commencement of the new Period
Roster on the Sunday.
94.11 When constructing the Period Roster, If a day off pattern In the Period Roster is altered to be
different to the Master Roster, the relevant manager will consult with affected Employees, except
during a week where a Public Holiday falls on a weekday. In such instance, a day off may be
inserted into the Public Holiday.
94.12 When constructing the Period Roster, higher-grade Senior duties should be rostered first on a
rotational basis. The suitability of a Network Controller to act In the Senior's position will be at the
discretion of management In consultatlon with a Senior Network Controller, and the Employee's
representative. Once rostered the supervisor shift, that Employee wlll be deemed to be the Senior
on that shift unless a mutual swap ts arranged with a Senior whom has been rostered a DOC.
94.13 If an Employee has had approval to clear a Public Holiday, there wlll be no requirement to work
the Public Holiday unless otherwise agreed between the Employee and Employer.
Page 50 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 93.34 If the Bus Operator's staff position is such that there are no DOCs being rostered, then the vacant Duty Officer (Night) shift is to be rostered to a suitably qualified Bus Operator as an ordinary shift. 94 Network Control Centre Roster Principles 94.1 These principles only apply to those Employees that are classified, or acting, as Network Control Centre Senior Network Controller or Network Controller and will be rostered 152 ordinary hours in a four- week cycle. 94.2 Employees will be rostered one ADO in each four-week roster cycle. CONSULTATION 94.3 In the construction and maintenance of rosters, management will consult with Employees. 94.4 When consulting with Employees, the following issues should be considered · Workplace, Health and Safety. · Carer's responsibilities. . Impact upon the family and social responsibilities of the affected Employees. MASTER ROSTER 94.5 A Master Roster is the template that all Period Rosters are based upon. INTRODUCTION OF MASTER ROSTERS 94.6 In order to meet changing customer, operational and commercial requirements it is necessary from time to time to alter rosters to cater for changed circumstances. 94.7 Master Rosters shall be adjusted on the provision of 28 days notice up to a maximum of twice per calendar year, except in exceptional circumstances, and in consultation with affected Employees, Master Rosters will be adjusted In the following manner: 94.7.1 On the 28th day prior to introduction, a copy of the new Duty and Period Roster is to be given to all affected Employees and an additional copy placed on the depot notice board. 94.7.2 On the 21st day prior to introduction, concerns raised with the rosters are to be provided to the relevant manager. During the next seven days, the relevant manager is to modify the roster on the basis of concerns raised, providing such alterations do not impact on the overall efficiency and cost of the roster. 94.7.3 The roster is to be displayed on the Tuesday prior to Introduction. 94.8 Rosters will be worked where they comply with all relevant policies, the industrial instruments and relevant Regulations. PERIOD ROSTERS 94.9 Four weekly Perlod Rosters are constructed by using the Master Roster as the template and then making the necessary alterations to shifts or lines of work in accordance with the business needs for the ensuing four weeks, which Includes all known work. 94.10 Period Rosters will be posted on the Tuesday prior to the commencement of the new Period Roster on the Sunday. 94.11 When constructing the Period Roster, If a day off pattern in the Period Roster is altered to be different to the Master Roster, the relevant manager will consult with affected Employees, except during a week where a Public Holiday falls on a weekday. In such instance, a day off may be inserted into the Public Holiday. 94.12 When constructing the Period Roster, higher-grade Senior duties should be rostered first on a rotational basis. The suitability of a Network Controller to act In the Senlor's position will be at the discretion of management in consultation with a Senior Network Controller, and the Employee's representative. Once rostered the supervisor shift, that Employee will be deemed to be the Senlor on that shift unless a mutual swap is arranged with a Senior whom has been rostered a DOC. 94.13 If an Employee has had approval to clear a Public Holiday, there will be no requirement to work the Public Holiday unless otherwise agreed between the Employee and Employer. Page 50 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
94.14 Employees may exchange shifts by mutual agreement providing management approves the
exchange, the exchange will not be In breach of Fatigue Management prlnclples and wlll be In
accordance with any Industrial Instruments governing the Employees.
94.15 Special events shifts are to be built into the Period Roster where known and will also be posted 14
days prior to the event where known. When notice of a speclal event Is obtained after the posting
of the period roster, the rosters are to be altered In consultation with affected Employees.
94.16 When constructing the Period Roster, if there are more cut-out lines of work than there are holiday
relief staff and that cut-out line of work is one week duration (seven calendar days) or more, then
that line of work will be offered to a suitably qualified Employee from the relief pool. If the cut-out
line of work Is less than one week duration (seven calendar days), then those shifts will be DOC'd
Into the existing roster.
DAILY MAINTENANCE OF PERIOD ROSTERS
94.17 No alteration shall be made to the hours of work of any Employee except in cases of sickness,
accident, failure of duty or suspension from duty of an Employee, attendance of an Employee at
court or leave for Employees at short notice, unless the Employee is notified of such alteration on
attending for duty on the shift proceeding the one altered. The notice period can be waived by
mutual agreement between the Employer and Employee. If an Employee has two days off
together, they must be advised of any alteration of their work on the first day of their days off.
94.18 The provisions of this clause do not apply in emergencies or unforeseen circumstances.
94.19 Where the Employer makes a decision to fill a vacant Senior Network Controller or Network
Controller shift, the followlng procedures will apply:
94.19.1 When maintaining the Period Roster, if cut-out work of one week duration (seven
calendar days) or more becomes available, then that work will be offered to a suitably
qualified Employee from the relief pool. If the cut-out work Is less than one week
duration (seven calendar days), then those shifts may, at the discretion of the
management, be DOC'd into the existing roster following the below procedure:
94.19.2 When the vacant shift is to be DOC'd Into the Network Control Centre Period Roster, it
wlll be offered to the Controller in the order of least amount of offered DOC's for the
current financial year.
94.19.3 Should there be no Network Controller or Senior Network Controller rostered off on the
day and the Employer determines that the shift must be covered, overtime can be
offered to Network Controllers or Senior Network Controllers to cover the shift
providing that the extended shift does not exceed 12 hours. If this overtime cannot be
worked, then the shift will be rostered to a suitably qualified Employee from the relief
pool.
94.20 Employees wlll not be called upon to work a broken shift on a Saturday, Sunday or Public Holiday.
94.21 Any employee that attends for duty in accordance with instructions but is not required, shall
receive a minimum of five hours pay unless at least 12 hours notice was given to them that they
were not required for duty.
94.22 If an Employee commences duty and is not required for the full shift, they will receive a minimum
of seven hours pay.
94.23 Employees that perform shift work will have one week in every three away from shifts that finish
between midnight and 8am, unless mutually agreed between the Employee and Employer.
OVERTIME
94.24 Employees will only work overtime when they have been properly authorised to doso.
94.25 Employees will be provided with 24 hours notice of the requirement to work overtime where It Is
practical to doso.
94.26 Employees will have a ten hour break between shifts.
94.27 Period rosters wlll show the commencement and finishing times of al1 shifts. This clause does not
apply In cases of emergency or special events.
EMPLOYEES ON LOAN
Page 51 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 94.14 Employees may exchange shifts by mutual agreement providing management approves the exchange, the exchange will not be in breach of Fatigue Management principles and will be in accordance with any Industrial instruments governing the Employees. 94.15 Special events shifts are to be built into the Period Roster where known and will also be posted 14 days prior to the event where known. When notice of a special event Is obtained after the posting of the period roster, the rosters are to be altered in consultation with affected Employees. 94.16 When constructing the Period Roster, if there are more cut-out lines of work than there are holiday relief staff and that cut-out line of work is one week duration (seven calendar days) or more, then that line of work will be offered to a sultably qualified Employee from the relief pool. If the cut-out line of work is less than one week duration (seven calendar days), then those shifts will be DOC'd Into the existing roster DAILY MAINTENANCE OF PERIOD ROSTERS 94.17 No alteration shall be made to the hours of work of any Employee except in cases of sickness, accident, failure of duty or suspension from duty of an Employee, attendance of an Employee at court or leave for Employees at short notice, unless the Employee is notified of such alteration on attending for duty on the shift proceeding the one altered. The notice period can be waived by mutual agreement between the Employer and Employee. If an Employee has two days off together, they must be advised of any alteration of their work on the first day of their days off. 94.18 The provisions of this clause do not apply in emergencies or unforeseen circumstances. 94.19 Where the Employer makes a decision to fill a vacant Senior Network Controller or Network Controller shift, the following procedures will apply: 94.19.1 When maintaining the Period Roster, if cut-out work of one week duration (seven calendar days) or more becomes available, then that work will be offered to a suitably qualified Employee from the relief pool. If the cut-out work is less than one week duration (seven calendar days), then those shifts may, at the discretion of the management, be DOC'd into the existing roster following the below procedure: 94.19.2 When the vacant shift is to be DOC'd Into the Network Control Centre Period Roster, it will be offered to the Controller in the order of least amount of offered DOC's for the current financial year. 94.19.3 Should there be no Network Controller or Senior Network Controller rostered off on the day and the Employer determines that the shift must be covered, overtime can be offered to Network Controllers or Senior Network Controllers to cover the shift providing that the extended shift does not exceed 12 hours. If this overtime cannot be worked, then the shift will be rostered to a suitably qualified Employee from the relief pool. 94.20 Employees will not be called upon to work a broken shift on a Saturday, Sunday or Public Holiday. 94.21 Any employee that attends for duty in accordance with instructions but is not required, shall receive a minimum of five hours pay unless at least 12 hours notice was given to them that they were not required for duty. 94.22 If an Employee commences duty and is not required for the full shift, they will receive a minimum of seven hours pay. 94.23 Employees that perform shift work will have one week in every three away from shifts that finish between midnight and 8am, unless mutually agreed between the Employee and Employer. OVERTIME 94.24 Employees will only work overtime when they have been properly authorised to doso. 94.25 Employees will be provided with 24 hours notice of the requirement to work overtime where It is practical to doso. 94.26 Employees will have a ten hour break between shifts. 94.27 Period rosters will show the commencement and finishing times of all shifts. This clause does not apply In cases of emergency or special events. EMPLOYEES ON LOAN Page 51 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
94.28 Employees on loan to the Network Control Centre will be provided with secure facilities for
personal items.
REDUCTIONS IN LINES OF WORK
94.29 Affected Employees will be consulted when the number of lines on a roster Is to be reduced.
VACANT LINE OF WORK
94.30 When a line of work becomes vacant, It will be first offered to the holiday relief Employee. If there
are no Excess Employees available and no transfers lodged, the vacant line of work will be
advertised and filled on merit.
94.31 When a vacant line of work becomes vacant the Employer will:
94.31.1 Make a decision about how the position Is to be filled.
94.31.2 If the position is to be filled, either permanently or in accordance to clause 25 -
Temporary Appointment, the process of fllllng the position wlll be fully completed within
12 weeks from the position becoming vacant.
94.31.3 If the Employer makes a decision to abolish the position it will enter into a consultative
process pursuant to clause 20.
Page 52 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 94.28 Employees on loan to the Network Control Centre will be provided with secure facilities for personal items. REDUCTIONS IN LINES OF WORK 94.29 Affected Employees will be consulted when the number of lines on a roster is to be reduced. VACANT LINE OF WORK 94.30 When a line of work becomes vacant, It will be first offered to the holiday relief Employee. If there are no Excess Employees available and no transfers lodged, the vacant line of work will be advertised and filled on merit. 94.31 When a vacant line of work becomes vacant the Employer will: 94.31.1 Make a decision about how the position is to be filled. 94.31.2 If the position is to be filled, either permanently or in accordance to clause 25 - Temporary Appointment, the process of filling the position will be fully completed within 12 weeks from the position becoming vacant. 94.31.3 If the Employer makes a decision to abolish the position it will enter into a consultative process pursuant to clause 20. Page 52 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
PART 3 - SENIOR OFFICER STREAM
95 Hours of Work for Senior Officers
95.1 The ordinary hours of work for full time Senior Officers covered by this Agreement shall be 38
hours per week.
95.2 Casual and Temporary Senior Officers may be required to work at any of the Employer's work
locations.
95.3 Ordinary hours of duty may be worked to provide for 152 hours work In a four-week work cycle to
enable officers to have one day off duty during that cycle by accruing additional working time on
other working days, such hours to be arranged within shift limits specified in 92.1. Payment In
these circumstances to be made on an averaging basis of 76 ordinary hours fortnight.
96 Span of Hours
96.1 The span of ordinary hours shall be 6.30am to 5.30pm. These hours may be altered by mutual
agreement In writing between the Employer and the Employee In accordance with flexible working
arrangements.
96.2 Overtime and Recall to Duty Provisions for Senior Officers
Overtime
96.3 Senior Officers covered by this Agreement are not entiUed to payment for time worked In excess of
their ordinary hours of duty. However, the Employer and Employees and their representatives,
may make arrangements for a payment to be made to Employees required to work overtime,
consistent with sub-clause 96.4.
96.4 Subject to the prior approval of the relevant Executive Director, Senior Officers required to perform
additlonal duties outside normal hours (e.g. extraordinary activities, special projects and speclal
events), shall be paid at the rate of time and one half for time worked on such addltional duties.
96.5 When overtime work is necessary it shall, where reasonably practicable, be arranged so that
Employees have at least ten consecutive hours off duty between the work of successive days.
Recall to Duty
96.6 A Senior Officer recalled to duty outside of the Employee's normal working hours shall be paid a
minimum of three hours at the rate prescribed In sub-clause 96.4. No addltlonal payment will be
provided for travel time involved In any recall to duty under this clause.
96. 7 Any clalm made by a Senior Officer In accordance with this clause, must be approved by the
Senior Officer's Executive Director.
Time off In Heu
96.8 Where overtime is payable to a Senior Officer, and where the relevant Executive Director agrees,
a Senior Officer may elect to take time off In lieu of overtime. Provided that time off in lieu for
overtime shall be at single time only and not time and one half.
96.9 Where a Senior Officer has not cleared time off in lieu within three months of accrual, the Senior
Officer shall be paid for the time In lleu at the appropriate rate orates.
96.10 The Employer shall record time off in lieu arrangements for each time this provision Is used.
97 Transfers Within the Division
97 .1 Transfers to similar positions of the same grade In other locations or divisions within the Division
will be permitted, subject to management determination and recognising the needs of the
business.
98 Performance Agreement Programs
98.1 Increment Increases for all Senior Officers will be subject to satisfactory performance.
98.2 The Head of Human Resources Culture will determine Performance Agreement Programs for each
area or classification. Individual Performance Agreements will be developed and agreed between
the individual Employee and their manager. The programs will include, but not be limited to:
• Being cyclical;
Paga 53 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 PART 3 - SENIOR OFFICER STREAM 95 Hours of Work for Senlor Officers 95.1 The ordinary hours of work for full time Senior Officers covered by this Agreement shall be 38 hours per week. 95.2 Casual and Temporary Senior Officers may be required to work at any of the Employer's work locations. 95.3 Ordinary hours of duty may be worked to provide for 152 hours work In a four-week work cycle to enable officers to have one day off duty during that cycle by accruing additional working time on other working days, such hours to be arranged within shift limits specified in 92.1. Payment in these circumstances to be made on an averaging basis of 76 ordinary hours fortnight. 96 Span of Hours 96.1 The span of ordinary hours shall be 6.30am to 5.30pm. These hours may be altered by mutual agreement in writing between the Employer and the Employee In accordance with flexible working arrangements. 96.2 Overtime and Recall to Duty Provisions for Senior Officers Overtime 96.3 Senior Officers covered by this Agreement are not entitled to payment for time worked In excess of their ordinary hours of duty. However, the Employer and Employees and their representatives, may make arrangements for a payment to be made to Employees required to work overtime, consistent with sub-clause 96.4. 96.4 Subject to the prior approval of the relevant Executive Director, Senior Officers required to perform additional dutles outside normal hours (e.g. extraordinary activities, special projects and special events), shall be paid at the rate of time and one half for time worked on such additional duties. 96.5 When overtime work is necessary it shall, where reasonably practicable, be arranged so that Employees have at least ten consecutive hours off duty between the work of successive days. Recall to Duty 96.6 A Senior Officer recalled to duty outside of the Employee's normal working hours shall be pald a minimum of three hours at the rate prescribed in sub-clause 96.4. No additional payment will be provided for travel time involved in any recall to duty under this clause. 96.7 Any claim made by a Senior Officer in accordance with this clause, must be approved by the Senior Officer's Executive Director. Time off In lieu 96.8 Where overtime is payable to a Senior Officer, and where the relevant Executive Director agrees, a Senior Officer may elect to take time off in lieu of overtime. Provided that time off in lieu for overtime shall be at single time only and not time and one half. 96.9 Where a Senior Officer has not cleared time off in lieu within three months of accrual, the Senior Officer shall be paid for the time In lieu at the appropriate rate orates. 96.10 The Employer shall record time off in lieu arrangements for each time this provision is used. 97 Transfers Within the Division 97.1 Transfers to similar positions of the same grade in other locations or divisions within the Division will be permitted, subject to management determination and recognising the needs of the business. 98 Performance Agreement Programs 98.1 Increment increases for all Senior Officers will be subject to satisfactory performance. 98.2 The Head of Human Resources Culture will determine Performance Agreement Programs for each area or classification. Individual Performance Agreements will be developed and agreed between the individual Employee and their manager. The programs will include, but not be limited to: · Being cyclical; Page 53 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
• Incorporating a progress review process to operate during the overall cycle;
• including specific goals or objectives linking the performance of indlvldual Employees to
the employer's overall goals and objectives. These goals and objectives will be agreed
between the Manager and Employee on a cyclical 12 month period;
• providing, as far as Is posslble, objectlvely measurable performance Indicators;
• including provisions for revising goals and objectives in the light of changed circumstances.
98.3 The Performance Agreement Programs will be designed to allow for one-step Increment advances
for satisfactory performance, accelerated advancement for outstanding performance by Senior
Officers, or withholdlng advancement where performance does not meet expectations.
98.4 The Executive Director, People and Culture will provide a review process for Officers who are
dissatisfied with Assessment outcomes.
98.5 During the development of overall Performance Agreement Programs, an incentive payment for
Employees at the top of their respective band will be developed.
99 Increment Increases.
99.1 A Senior Officer is entltled to annual Increment advancement, subject to written certification of
satisfactory performance in relation to their Performance Agreement by the appropriate manager
In accordance with clause 101. ·
99.2 If an Employee's performance has been unsatisfactory over the twelve month Increment period
subject to clause 29, the manager, in consultatlon with the Managing Director Northern Beaches
may make application to the Head of Human Resources to withhold a due Increment. All cases
must be fully documented with supporting reasons.
99.3 If an Employee's performance has been exceptional over the 12-month Increment period subject
to clause 101, the Manager, In consultatlon with the Managing Director Northern Beaches may
make application to the Head of Human Resources to grant a two-step increment. All cases must
be fully documented with supporting reasons.
100 Fllllng of Authorised Positions
100.1 When a position becomes vacant, the Employer shall determine if the position is to continue as an
Authorised Position.
100.2 The Employer will fill vacant positions which it intends to maintain on its establishment within six
months either permanently or in accordance with Clause 25 - Temporary Appointment.
101 Salary Movement Linked to Promotion & Acting In Higher Grade
101.1 Where an Employee is promoted, or acts in a higher graded position, the Employee will receive
either:
101.1.1 The minimum salary of the grade of the position to which the Employee is being
promoted or Is acting In; or
101.1.2 Should the Employee's existing salary be greater than the minimum salary of the
higher graded position, the Employee shall progress to the service increment(s) within
the grade which provides a minimum of 3 per cent to 5 per cent Increase or greater.
101.2 The Employer may offer a salary greater than that provided in sub-clauses 101.1.1 and 101.1.2
provided that the salary Is no greater than the maximum increment of the relevant grade and that
the Managing Director - Northern Beaches and Head of Human Resources agree. Such approval
must be documented and can only be given where both Executive Directors are satisfied that
a) The experience, ability and qualifications of the Employee warrant a salary higher than
that applying in sub-clauses 101.1.1 and 101.1.2, or
b) The Employee's current rate of pay is already close to, or above, that provided In sub
clauses 101.1.1 and 101.1.2, necessitating a higher level in order to provide a financlal
incentive to accept the position.
Page 54 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 · Incorporating a progress review process to operate during the overall cycle; · including specific goals or objectives linking the performance of individual Employees to the employer's overall goals and objectives. These goals and objectives will be agreed between the Manager and Employee on a cyclical 12 month perlod; · providing, as far as Is possible, objectively measurable performance Indicators; · including provisions for revising goals and objectives in the light of changed circumstances. 98.3 The Performance Agreement Programs will be designed to allow for one-step Increment advances for satisfactory performance, accelerated advancement for outstanding performance by Senior Officers, or withholding advancement where performance does not meet expectations. 98.4 The Executive Director, People and Culture will provide a review process for Officers who are dissatisfied with Assessment outcomes. 98.5 During the development of overall Performance Agreement Programs, an incentive payment for Employees at the top of their respective band will be developed. 99 Increment Increases 99.1 A Senior Officer is entitled to annual increment advancement, subject to written certification of satisfactory performance in relation to their Performance Agreement by the appropriate manager In accordance with clause 101. 99.2 If an Employee's performance has been unsatisfactory over the twelve month increment period subject to clause 29, the manager, in consultation with the Managing Director Northern Beaches may make application to the Head of Human Resources to withhold a due Increment. All cases must be fully documented with supporting reasons. 99.3 If an Employee's performance has been exceptional over the 12-month Increment period subject to clause 101, the Manager, In consultation with the Managing Director Northern Beaches may make application to the Head of Human Resources to grant a two-step increment. All cases must be fully documented with supporting reasons. 100 Filling of Authorised Positions 100.1 When a position becomes vacant, the Employer shall determine if the position is to continue as an Authorised Position. 100.2 The Employer will fill vacant positions which it intends to maintain on its establishment within six months either permanently or in accordance with Clause 25 - Temporary Appointment. 101 Salary Movement Linked to Promotion & Acting In Higher Grade 101.1 Where an Employee is promoted, or acts in a higher graded position, the Employee will receive either: 101.1.1 The minimum salary of the grade of the position to which the Employee is being promoted or is acting in; or 101.1.2 Should the Employee's existing salary be greater than the minimum salary of the higher graded position, the Employee shall progress to the service increment(s) within the grade which provides a minimum of 3 per cent to 5 per cent increase or greater. 101.2 The Employer may offer a salary greater than that provided in sub-clauses 101.1.1 and 101.1.2 provided that the salary is no greater than the maximum increment of the relevant grade and that the Managing Director - Northern Beaches and Head of Human Resources agree. Such approval must be documented and can only be given where both Executive Directors are satisfied that a) The experience, ability and qualifications of the Employee warrant a salary higher than that applying in sub-clauses 101.1.1 and 101.1.2, or b) The Employee's current rate of pay is already close to, or above, that provided in sub- clauses 101.1.1 and 101.1.2, necessitating a higher level in order to provide a financial incentive to accept the position. Page 54 of 60
KDNB SENIOR AND SALARIED OFFICERS• AGREEMENT 2021
SCHEDULE A
Senior Officers• Pay Rates
Includes 2.04 % Increase applled from the first full pay period after 1 January 2022:
Grade Step 1 Step2 Step 3 Step4 Stap5
A $ 93,903 $ 97,172 $ 100,674 $ 104,588 $ 109,131 I
$ 108,110 $ 111,675 ' $ 115,536 $ 119,760 $ 124,340 B
C
I
$ 120,552 $ 124,500 I $ 128,807 $ 133,353 $ 138,274
D $ 133,943 $ 138,332 $ 143,035 $ 148,380 $ 154,166
E $ 147,342 $ 1s2,240 I $ 157,882 $ 164,016 $ 170,794
F $ 163,608 $ 169,046 $ 175,102 $ 181,731 $ 189,123
G $ 178,722 $ 185,028 $ 191,940 $ 199,200 $ 207,252
These rates do not Include the Industry Allowance
Page 55 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SCHEDULE A Senlor Officers' Pay Rates Includes 2.04 % Increase applied from the first full pay period after 1 January 2022: Grade Step 1 Step 2 Step 3 Step 4 Step 5 A $ 93,903 $ 97,172 $ 100,674 $ 104,588 $ 109,131 B $ 108,110 $ 111,675 $ 115,536 $ 119,760 $ 124,340 C $ 120,552 $ 124,500 $ 128,807 $ 133,353 $ 138,274 D $ 133,943 $ 138,332 $ 143,035 $ 148,380 $ 154,166 E $ 147,342 $ 152,240 $ 157,882 $ 164,016 $ 170,794 F $ 163,608 $ 169,046 $ 175,102 $ 181,731 $ 189,123 G $ 178,722 $ 185,028 $ 191,940 $ 199,200 $ 207,252 These rates do not Include the Industry Allowance Page 55 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
SCHEDULE B
Salaried Officers' Pay rates
Wage Increase 2.04%
Clark Grade 1 From first full pay period
on or after 1-Jan-22
1st year $49,693
2nd year $51,882
3rd year $53,603
4th year $55,811
5th year $57,296
6th year $59,015
Clark Grade 2
1st year $59,847
2nd year $60,682
Clark Grade 3
1st year $61,748
2nd year $63,256
3rd year $64,287
Clark Grade 4
1st year $65,562
2nd year $67,260
3rd year $69,082
Clark Grade 5
1st year $70,558
2nd year $73,317
3rd year $75,576
Clark Grade 8
1st year $77,067
2nd year $79,195
3rd year $82,187
Clark Grade Speclal
1st year $83,664
2nd year $88,089
3rd year $92,563
These rates do not include the Industry Allowance
Page 56 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SCHEDULE B Salaried Officers' Pay rates Wage Increase 2.04% Clerk Grade 1 From first full pay period on or after 1-Jan-22 1st year $49,693 2nd year $51,882 3rd year $53,603 4th year $55,811 5th year $57,296 6th year $59,015 Clerk Grade 2 1st year $59,847 2nd year $60,682 Clerk Grade 3 1st year $61,748 2nd year $63,256 3rd year $64,287 Clerk Grade 4 1st year $65,562 2nd year $67,260 3rd year $69,082 Clerk Grade 5 1st year $70,558 2nd year $73,317 3rd year $75,576 Clerk Grade 6 1st year $77,067 2nd year $79,195 3rd year $82,187 Clerk Grade Special 1st year $83,664 2nd year $88,089 3rd year $92,563 These rates do not include the Industry Allowance Page 56 of 60
SCHEDULE C
ALLOWANCES
Item Description
Increase
1 Shift Work
Allowance
A Afternoon Shift
B Night Shift
C Early Morning Shift
2 Shift Work Loading
3 Industry Allowance
4 Unlfonn Allowance
Compllmentary lnltlal
Issue
Annual uniform
allowance is
equivalent to the cost
of
purchasing
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
From first full pay period on
or after 1..Jan•22
2.04%
$3.92
$4.55
$3.92
$3.00
$2,853
3 trousers
7 shirts
2 items of jacket or vest or Jun per
1 pair of shoes
1 KDNB winter Jacket
1 hat
1 rain set
2 trousers
3 shirts
1 Jacket
Page 57 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SCHEDULE C ALLOWANCES Item Description From first full pay period on or after 1-Jan-22 Increase 2.04% 1 Shift Work Allowance A Afternoon Shift $3.92 B Night Shift $4.55 C Early Morning Shift $3.92 2 Shift Work Loading $3.00 3 Industry Allowance $2,853 4 Uniform Allowance 3 trousers 7 shirts Complimentary Initial 2 items of jacket or vest or jumper Issue 1 pair of shoes 1 KDNB winter jacket 1 hat 1 rain set Annual uniform allowance is 2 trousers equivalent to the cost 3 shirts 1 jacket of purchasing Page 57 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
SCHEDULED
Classifications
The followlng positions are covered by this Agreement:
SALARIED OFFICER:
ACCOUNTS PAYABLE OFFICER
ADMIN ASSISTANT
CUSTOMER FEEDBACK COORDINATOR
CUSTOMER SERVICE OFFICER
DEPOT ADMINISTRATOR
DEPOT SUPERVISOR
DRIVER CAPABILITY TRAINER
DUTY OFFICER
NElWORK CONTROLLER
ON ROAD OFFICER
REGIONAL ADMIN SUPPORT
REGIONAL FLEET OFFICER
ROSTER CLERK
SCHEDULER
SENIOR OFFICER
SCHEDULING CO-ORDINATOR
REGIONAL SERVICE & COMPLIANCE
PEOPLE & CULTURE BUSINESS PARTNER
REGIONAL FLEET COORDINATOR
INJURY MANAGEMENT COORDINATOR
DEPOT MANAGER NORTH SYDNEY
SENIOR DEPOT SUPERVISOR
SERVICE CO-ORDINATOR
Page 58 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SCHEDULE D Classifications The following positions are covered by this Agreement: SALARIED OFFICER: ACCOUNTS PAYABLE OFFICER ADMIN ASSISTANT CUSTOMER FEEDBACK COORDINATOR CUSTOMER SERVICE OFFICER DEPOT ADMINISTRATOR DEPOT SUPERVISOR DRIVER CAPABILITY TRAINER DUTY OFFICER NETWORK CONTROLLER ON ROAD OFFICER REGIONAL ADMIN SUPPORT REGIONAL FLEET OFFICER ROSTER CLERK SCHEDULER SENIOR OFFICER SCHEDULING CO-ORDINATOR REGIONAL SERVICE & COMPLIANCE PEOPLE & CULTURE BUSINESS PARTNER REGIONAL FLEET COORDINATOR INJURY MANAGEMENT COORDINATOR DEPOT MANAGER NORTH SYDNEY SENIOR DEPOT SUPERVISOR SERVICE CO-ORDINATOR Page 58 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
SIGNATORY PAGE
Signed for and on behalf of Keolis Downer Northern Beaches Pty Ltd ACN 621 012 717, by its authorised
officer, Group Head of Human Resources and Industrial Relations:
Authority to sign: Group Head of Human
Resources and Industrial Relations
Address:
Date:
Signed for and on behalf of the Employees, by an authorised officer of _________ _
Signed Witnessed
Print Name: Print Name:
Authority to sign:
Address:
Date:
Page 59 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SIGNATORY PAGE Signed for and on behalf of Keolis Downer Northern Beaches Pty Ltd ACN 621 012 717, by its authorised officer, Group Head of Human Resources and Industrial Relations: Signed Witnessed Print Name: STEPHEN JOHN SCHOFIELD Print Name: Damien North Authority to sign: Group Head of Human Resources and Industrial Relations Address: 39 Delhi Road, North Ryde, NSW, 2113 Date: 1/6/22 Signed for and on behalf of the Employees, by an authorised officer of Signed Witnessed Print Name: Print Name: Authority to sign: Address: Date: Page 59 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
SIGNATORY PAGE
Signed for and on behalf of Keolis Downer Northam Beaches Pty Ltd ACN 621 012 717, by its authorised
officer, Group Head of Human Resources and Industrial Relatlons:
Signed
Print Name:
Authority to sign: Group Head of Human
Resources and Industrial Relations
Address:
Date:
Witnessed
Print Name:
Signed for and on behalf of the Employees, by an a~th~'J8ed pfficer Pt- () g. ~)
n~[l0vn ~ajJ 1rt(Mct· ~~ 1NRIM1tfy vfll)/oN 7{)gt.J ltm ·
.. ½ .. ~ .................. ..
Signed
Print Name:~ ~(:IV.I
Authority to sign: (;(ar.c,~ ~1'1 '
Address: 4, ~l.l p, {./., ~ fi $~ -
Date: 3 JDL) , ·
. ... t.1p1.t;--..................... .
Print Name: /J (Ct._., { CvJ A f {; 1
Page 59 of60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 SIGNATORY PAGE Signed for and on behalf of Keolis Downer Northern Beaches Pty Ltd ACN 621 012 717, by its authorised officer, Group Head of Human Resources and Industrial Relations: Signed Witnessed Print Name: Print Name: Authority to sign: Group Head of Human Resources and Industrial Relations Address: Date: Signed for and on behalf of the Employees, by an authorised oficer Tion (NSW Branch). Australian Ral, Trame Bus Industry U ... Signed Witnessed Alexander Clouassens Print Name: Nicholas Aplia Authority to sign: Branch Secretary. Address: 4/321 Pitt st, Sypher Date: 3 June 2022. Page 59 of 60
Shadi Behpour
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021
/) p,-:: 5 w\ /_J
Signed for and on behalf of the Employees, by an authorised officer of ______ ,_· l_/_7 __
··········~& ..... \ ..... .
~ed
Print Name: G-a,?_1',,,,n-J
Authority to sign: D tk.., Cc:ToR_
Add L ~ _"'I ress: t,_ ,✓ 1£: L
/
. .. ,; ...................................... .
' Witnessed
Print Name:
Signed for and on behalf of the Employees, by an authorised officer of __________ _
Signed Witnessed
Print Name: Print Name:
Authority to sign:
Address:
Date:
Page 60 of 60
KDNB SENIOR AND SALARIED OFFICERS' AGREEMENT 2021 APESMA Signed for and on behalf of the Employees, by an authorised officer of Broch Bigned Witnessed Print Name: GORDON BROCK Print Name: Authority to sign: DIRECTOR NSW. Address: LEVEL 1, 491 KENT ST, SYDNEY NEW 2000 Date: 1 JUNE 2022 Signed for and on behalf of the Employees, by an authorised officer of Signed Witnessed Print Name: Print Name: Authority to sign: Address: Date: Page 60 of 60
1
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2022/1817
Applicant:
Keolis Downer Northern Beaches Pty Ltd
Section 185 – Application for approval of a single enterprise agreement
Undertaking- Section 190
I, Damien North, Group Manager Industrial Relations for Downer EDI Ltd give the
following undertakings with respect to the KDNB Senior and Salaried Officers’
Agreement 2021" ("the Agreement"):
1. I have the authority given to me by Keolis Downer Northern Beaches Pty Ltd
to provide this undertaking in relation to the application before the Fair Work
Commission.
2. The Applicant will apply the definition of shift worker at 32.3.2 of the Agreement
for the purposes of the National Employment Standards.
3. Casual employees will have a minimum engagement of three hours.
4. Junior employees will be paid an hourly rate no less than the rate for the
corresponding level contained in the applicable Modern Award.
5. The shift allowances specified in the Agreement will apply on an hourly basis.
The rate specified in Schedule C will apply to all officers other than Senior
Officers
6. Where overtime is worked on Saturdays, Sundays and Public Holidays by
employees who are shift workers and would otherwise be covered by the
Clerks Private Sector Award 2020, a minimum engagement of four hours will
apply.
7. Where overtime is worked by a casual employee who would otherwise be
covered by the Clerks Private Sector Award 2020 classified as Clerk Grade 1
, Year 1 or Clerk Grade 1, Year 2, they will be paid for such overtime at a rate
no less than the rate they would receive were they covered by the Clerks
Private Sector Award 2020.
8. Where a casual employee who would otherwise be covered by the Clerks
Private Sector Award 2020 is required to perform public holiday, weekend or
shift work, they will be paid the casual loading in addition to the applicable
public holiday, weekend or shift loading.
2
9. Where an employee who would otherwise be covered by the Clerks Private
Sector Award 2020 is required to perform overtime on a Sunday or public
holiday they will have a minimum engagement of four hours.
9. These undertakings are provided on the basis of issues raised by the
Fair Work Commission in the application before the Fair Work Commission.
____________________________
Signature
5/07/22
____________________________
Date
