New south wales industrial gazette

27. Travelling Allowance - Compensation
27.1 Excess Travelling Time
(a) Where an employee, in order to perform his/her duties, is required to travel outside normal hours of duty, the employee may apply initially to the Corporation for payment or, alternatively, if it is convenient to the Corporation, equivalent time off in lieu shall be granted for excess time occupied in so travelling;
(b) Payment shall be made for excess time or there shall be granted time off in lieu thereof subject to the following conditions:
(i) Where travel is on a non-working day:
(A) Time spent in travelling after 7.30 a.m.; and
(B) Travel was undertaken by direction of the CEO or Head of the Division.
(ii) Where travel is on a working day:
in the case of any employee, the time spent in travelling before the employee’s ordinary commencing time or after the employee’s ordinary ceasing time, subject to the conditions in subparagraph 27.1(b)(iii).
(iii)
(a) There shall be deducted from an employee’s travelling time on any one day, other than a non-working day, the time normally taken for the periodic journey from home to Headquarters and return;
(b) Periods of less than one quarter of an hour on any day shall be disregarded;
(c) Travelling time shall not include any period of travel between 11.00 p.m. on any one day and 7.30 a.m. on the following day where the employee has travelled overnight and sleeping facilities have been provided for the employee;
(d) Travelling time shall be calculated by reference to the time that might reasonably have been taken by the use of the most practical and economic means of transport.
27.2 Waiting Time
(a) Where an employee qualifies for time off in lieu or is eligible for payment in accordance with this clause for excess time occupied in travelling and necessary waiting time occurs, such waiting time shall be treated as travelling time subject to the following conditions:
(i) Where there is no overnight stay with accommodation at a centre away from Headquarters, one hour shall be deducted from the necessary waiting time between the time of arrival at the centre and the commencement of duty, and one hour shall be deducted from the necessary waiting time between the time of ceasing duty and the time of departure for home or Headquarters or another centre;
(ii) Where overnight accommodation is provided at a centre, any time from the completion of arrival at the centre until departure for home or Headquarters or another centre shall not count as travelling time except that:
(A) Where duty is performed on the day of such departure, any necessary waiting time (less one hour) from completion of such duty until departure shall be counted;
(B) Where no duty is performed on the day of such departure, necessary waiting time (less one hour) after the employee’s normal commencing time until such departure shall be counted.
28. Excess Travelling Time Allowance
28.1 Payment for travelling time and waiting time calculated in accordance with the provisions of this clause shall be at the employee’s ordinary rate of pay on an hourly basis calculated as follows:

Annual Salary	x	7	x	1
		365.25		Normal Hours of Work

28.2 The rate of payment for travel or waiting time on a non-working day shall be the same as that applying to a working day.

28.3 Employees who are in receipt of a salary in excess of the rate applicable to the maximum rate for SAC Officer Level 5, plus $1.00 per annum, shall be paid travelling time or waiting time calculated at the rate applicable to the maximum rate for SAC Officer Level 5 plus $1.00 per annum, as adjusted from time to time.
28.4 Time off in lieu or payment, as the case may be, for excess travelling time and waiting time will not be granted or made for more than 7 hours in any period of 24 consecutive hours.
29. Higher Duties Allowance
A higher duties allowance shall be paid to staff where they are required to act in a higher graded position as approved by the CEO.

30. Semi-Official Telephones Allowance
30.1 Reimbursement of expenses associated with a private telephone service installed at the residence of a staff member shall be made as specified in this subclause if the staff member is required to be contacted or is required to contact others in connection with the duties of his/her position in the Corporation, as and when required.
30.2 The service must be located in the staff member's principal place of residence and its telephone number communicated to all persons entitled to have out-of-hours contact with the staff member.
30.3 The semi-official telephone allowance applies to staff who are required, as part of their duties, to:
(a) Give decisions, supply information or provide emergency services; and/or
(b) Be available for reasons of safety or security for contact by the public outside of normal office hours.
30.4 Unless better provisions already apply to a staff member or a staff member has been provided with an official telephone, reimbursement of expenses under this clause shall be limited to the following:
(a) The connection fee for a telephone service, if the service is not already available at the staff member's principal place of residence;
(b) The full annual base rental charged for the telephone service regardless of whether any official calls have been made during the period; and
(c) The full cost of official local, STD and ISD calls.
30.5 To be eligible for reimbursement, staff must submit their telephone account and a statement showing details of all official calls, including:
(a) Date, time, length of call and estimated cost;
(b) Name and phone number of the person to whom call was made; and
(c) Reason for the call.
31. First-Aid Allowance
31.1 A staff member appointed as a designated workplace First-Aid Officer by the CEO shall be paid a first-aid allowance at the rate appropriate to the qualifications held by such staff member as specified in Table 1 - Allowances of Part B, Monetary Rates.
31.2 The first-aid allowance shall not be paid during extended leave or any other continuous period of leave, which exceeds 4 weeks.
31.3 When the First-Aid Officer is absent on leave for one week or more and another qualified staff member is selected to relieve in the First-Aid Officer's position, such staff member shall be paid a pro rata first-aid allowance for assuming the duties of a First-Aid Officer.
32. On Call (Stand-By) Allowance
32.1 When a staff member is directed to be on call or on stand-by for a possible recall to duty, payment of an on call allowance shall be made.
32.2 Where a rate of on call allowance has not already been determined for the staff member as at the date of the making of this Award, the rate shown in Table 1 - Allowances, of Part B, Monetary Rates, shall be made for the duration of on call (stand-by).
33. Recruitment and Retention Allowance
33.1 The CEO or their nominee shall consider an application by staff for an allowance to retain existing staff based on current market conditions.
33.2 This allowance shall be up to a maximum of 15% of the current remuneration package and be subject to review every 12 months.
33.3 The CEO or their nominee has the discretion to review the allowance at any point in time within the 12-month period and discontinue the allowance if market conditions alter.
33.4 The CEO or their nominee shall have the discretion to also apply this allowance where required to recruit suitably qualified and experienced staff to the Corporation.
34. Annualised Allowance
The Corporation may, in consultation and by agreement with the Association, annualise allowances in this award and pay them as part of salary.
35. Review of Allowances Payable in Terms of This Award
The adjustment of allowances contained in this Award shall be reviewed and adjusted in line with the review and adjustment of the corresponding allowances in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 in so far as they relate to the relevant clauses in this Award. (Refer to the Relationship to Other Awards clause of this Award).
36. Out-of-Pocket Expenses
Out-of-pocket expenses which are incurred by an employee of the Corporation in attending social and/or official functions, when required to do so by the CEO, shall be provided by the Corporation.
37. Compensation for Damage to Or Loss of Staff Member’s Personal Property
37.1 Where damage to or loss of the staff member's personal property occurs in the course of employment, a claim may be lodged under the Workers Compensation Act 1987 and/or under any insurance policy of the Corporation covering the damage to or loss of the personal property of the staff member.
37.2 At the discretion of the CEO, if a claim under subclause 37.1 is rejected by the insurer, the CEO may compensate a staff member for the damage to or loss of personal property, if such damage or loss:
(a) Is due to the negligence of the Corporation, another staff member, or both, in the performance of their duties; or
(b) Is caused by a defect in a staff member's material or equipment; or
(c) Results from a staff member’s protection of or attempt to protect Corporation property from loss or damage.
37.3 At the discretion of the CEO, compensation in terms of subclause 37.2 shall be limited to the amount necessary to repair the damaged item. Where the item cannot be repaired or is lost, the CEO may pay the cost of a replacement item, provided the item is identical to or only marginally different from the damaged or lost item and the claim is supported by satisfactory evidence as to the price of the replaced item.
37.4 For the purpose of this subclause, personal property means a staff member's clothes, spectacles, hearing aid, tools of trade or similar items which are ordinarily required for the performance of the staff member’s duties and approved by the CEO.
37.5 At the discretion of the CEO, compensation for the damage sustained may be made by the Corporation where, in the course of work, clothing or items such as spectacles, hearing aids, etc., are damaged or destroyed by natural disasters or by theft or vandalism.
37.6 Subject to the discretion of the CEO, where staff have tools of trade that are registered with the Corporation, the conditions under this clause may apply.
38. Compensation for Official Use of Private Motor Vehicle
38.1 An employee who, with the approval of the CEO, uses a private motor vehicle or other means of conveyance for the conduct of official business shall be paid the allowance applicable to employees for the use of the motor vehicle, motor cycle or for towing a trailer.
An employee is also entitled to a refund of any bridge toll, road toll or miscellaneous cost associated with the use of private motor vehicles on official business.
38.2 Insurance Requirements
Unless the CEO otherwise expressly approves, an allowance shall not be paid under this clause to an employee using a private motor vehicle on official business unless the employee, in addition to any policy required to be effected or maintained under the Motor Vehicles (Third Party Insurance) Act 1942, has in force, while using the vehicle on official business, a comprehensive or a third party property motor vehicle insurance policy.
38.3 Private Vehicles Damages on Official Business or Other Approved Travel
(a) Reimbursement of Insurance Excess (Policy)
(i) General
Where a private vehicle is damaged while being used on official business, the Corporation is to consider applications from employees for reimbursement of excess insurance charges where prescribed by insurers.
(ii) Maximum Reimbursement
The maximum amount that may be reimbursed is the "normal excess" prescribed by the insurer at the time that the vehicle is damaged. "Punitive" excess charges imposed by an insurer because of a poor driving record or the type of vehicle insured shall not be reimbursed. The additional excess imposed by some insurers on inexperienced drivers (or those under 25) is not considered to be a "punitive" excess and shall be reimbursed.
If a claim on the insurer is not made, e.g. to avoid the loss of a no-claim bonus, etc., the maximum reimbursement is the prescribed excess that would have been paid had a claim been made or the actual cost of repair, whichever is the lesser.
(iii) Conditions for Reimbursement
Reimbursement is to be made where the following conditions are met:
(A) The vehicle had been approved for official business.
(B) The accident or damage to the vehicle was incurred while the vehicle was being used on official business.
(C) The damage has been repaired and paid for or a claim made and the excess paid to the insurer or repairer.
(D) Receipts have been provided to substantiate the claim.

(b) Broken Windscreens

(i) Maximum Reimbursement
The maximum amount to be reimbursed is the cost of replacing the broken windscreen with one of the same type as that broken or the amount of the prescribed excess, whichever is the lesser.
(ii) Conditions for Reimbursement
An employee shall be reimbursed the costs of repairs to a damaged windscreen or replacement of a broken windscreen where:
(A) The use of a private motor vehicle had been approved for official business;
(B) The damage or breakage was sustained in the course of that official business; and
(C) The costs cannot be met under insurance policies due to excess clauses.
39. Transferred Employees Compensation
All matters relating to compensation for a transferred officer shall as and when necessary be dealt with in accordance with the relevant provisions of the Crown Employees (Transferred Employees Compensation) Award.
40. General Leave Provisions
40.1 The provisions of clauses 40 through to 43 do not apply to temporary employees whose employment by the Corporation is for an initial period of less than 3 months, whether employed for less than the whole of a working day or for less than 5 working days, or to persons employed on a casual basis.
40.2 For the purpose of this Award, a working week is to be taken as a 5-day working week.
40.3 The amount of leave of any kind which may be granted to an employee and the conditions on which it may be granted shall, subject to this clause, be as determined by the Corporation from time to time.
40.4 Where the period of leave to which a temporary employee is entitled under this clause exceeds the period for which the temporary employee is employed, the balance of that period of leave may be granted during subsequent periods of employment with the Corporation if each such subsequent period of employment commences upon the termination of a previous period of employment with the Corporation.
40.5 The clause shall apply to part-time employees on the basis of entitlements accruing on a pro rata basis having regard to hours contracted to work.
41. Application for Leave
41.1 An application by an employee for leave shall be made to and dealt with by the CEO.
41.2 In dealing with any such application, the CEO shall have regard to the exigencies of the Corporation but as far as practicable shall deal with the application in accordance with the wishes of the employee.
42. Adoption Leave
42.1 Unless the Corporation determines, an employee adopting a child:
(a) Where the child is under the age of 12 months at the date of taking custody - shall be entitled to be granted adoption leave for a maximum period of 12 months; or
(b) Where the child is of or over the age of 12 months at that date - may be granted adoption leave for such period (not exceeding 12 months) as the Corporation may determine.
(c) An employee shall be entitled to special adoption leave (without pay) for up to 2 days to attend interviews or examinations for the purposes of adoption. Special adoption leave may be taken as a charge against annual leave, extended leave, flexitime or family and community service leave.
42.2 Adoption leave shall commence on and from the date that the employee takes custody of the child concerned, whether that date is before or after the date on which a court makes an order for the adoption of the child by the employee.
42.3 An employee who has been granted adoption leave may, with the permission of the CEO and subject to such conditions as the Corporation may from time to time determine:
(a) Resume duty on a part-time basis within the period for any such adoption leave; and
(b) Be granted adoption leave for the hours not worked.
42.4 Subject to subclause 42.3, an employee who resumes duty immediately upon the expiration of adoption leave shall:
(a) Where the position occupied by the employee immediately before the commencement of that leave still exists - be entitled to be placed in that position; or
(b) Where the position so occupied by the employee has ceased to exist - be entitled to be appointed (subject to the availability of other suitable positions) to another position for which they are qualified.
42.5 Subclause 42.4 shall not apply:
(a) To an employee who is granted leave under any other provision of this Award to commence immediately after the period of adoption leave granted under this clause; or
(b) During the period that an employee resumes duty on a part-time basis under subclause 42.3
42.6 Except as otherwise provided by subclause 42.7, adoption leave shall be granted without pay.
42.7 An employee who:
(a) Applied for adoption leave within such time and in such manner as the Corporation may from time to time determine;
(b) Prior to the commencement of adoption leave, had ordinary hours of work of not less than 35 hours per week; and
(c) Prior to the commencement of adoption leave, completed not less than 40 weeks’ continuous service of not less than 35 hours per week:
Shall be entitled to up to 14 weeks paid leave:
Payments may be made:
(i) On a normal fortnightly basis;
(ii) In advance in a lump sum; or
(iii) At the rate of half pay over a period of 28 weeks on a regular fortnightly basis.
42.8 A payment under subclause 42.7 may, subject to such conditions as the Corporation may from time to time determine, be made in advance.
42.9 An employee who has taken no more than 12 months full time adoption leave or its part time equivalent is entitled to be paid at their normal rate (i.e. the rate at which they were paid before proceeding on parental leave) for another period of such leave regardless of whether they resume their normal hours of work before proceeding on leave for another pregnancy or adoption.
42.10 Employees entitled to adoption leave in accordance with this clause shall also have an additional entitlement as set out in clause 72, Additional Maternity, Adoption and Parental Leave Entitlements of this Award.
43. Annual Leave
43.1 Accrual
(a) Except as otherwise provided by this clause, annual leave on full pay shall accrue to employees at the rate of 20 working days per year.
(b) Annual leave shall accrue from month to month only but, for the purpose of calculating annual leave which may be due on the cessation of employment, credit shall be given for periods of service less than one month.
43.2 Limits on Accumulation
(a) Annual leave accrued and not taken by an employee owing to departmental exigencies, or for any other reason the CEO deems sufficient, shall be allowed to accumulate up to a maximum of 50 working days.
(b) The CEO may direct an employee to take at such time as is convenient to the working of the Corporation, annual leave accrued, but as far as practicable the wishes of the employee concerned shall be taken into consideration in directing the time for the taking of leave.
(c) Where the CEO has given an approval, at that time or as soon as practicable thereafter, the employee shall be given a direction in respect of the leave accrued in excess of 50 working days.
(d) The CEO shall notify the employee in writing when accrued annual leave reaches 50 days or its hourly equivalent and at the same time may direct a staff member to take at least 2 weeks' annual leave within 3 months of the notification at a time convenient to the Corporation.
(e) If the CEO is satisfied that an employee is prevented by operational or personal reasons from taking sufficient leave to reduce the accrued leave below an acceptable level of between 40 to 50 days or its hourly equivalent, the CEO shall:
(i) Specify in writing the period of time during which the excess leave shall be conserved; and
(ii) On the expiration of the period during which conservation of leave applies, grant sufficient leave to the employee at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 50 days limit.
(iii) An employee will be kept informed in writing on a regular basis of their annual leave accrual.
43.3 Miscellaneous
(a) Annual leave shall not be granted for a period less than a quarter day or in other than multiples of a quarter of a day.
(b) Annual leave for which an employee is eligible on cessation of employment shall be calculated to an exact quarter day, fractions of less than a quarter day being taken to the next higher quarter day.
(c) Subject to this clause, annual leave shall not accrue to an employee in respect of any period of absence from duty without pay or without leave.
(d) The proportionate deduction to be made in respect of the accrual of annual leave on account of any period of absence shall be calculated to an exact quarter day, fractions of less than a quarter day being disregarded and not included in the calculation.
(e) Notwithstanding the relevant clauses in this Award, annual leave shall accrue in respect of:
(i) Any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the Workers Compensation Acts; or
(ii) Any period of sick leave without pay.
(f) An employee who resigns or retires or whose services are otherwise terminated (except by death), shall, upon cessation of employment, be entitled to be paid forthwith, in lieu of annual leave accrued and remaining undertaken or forfeited, the money value of that leave as a gratuity.
(g) An employee to whom paragraph 43.3(f) applies may elect to take either the whole or part of the annual leave accrued and remaining untaken or unforfeited at cessation of active duty as annual leave on full pay instead of taking the money value of that leave as a gratuity.
44. Annual Leave Loading
44.1 General
(a) A staff member, other than a trainee who is paid by allowance, is entitled to be paid an annual leave loading as set out in this subclause.
(b) Subject to the provisions set out in subclauses 44.2 to 44.5, the annual leave loading shall be 17½% on the monetary value of up to 4 weeks’ annual leave accrued in a leave year.
44.2 Shift Workers
Shift workers proceeding on annual leave are eligible to receive the more favourable of:
(a) The shift premiums and penalty rates, or any other allowances paid on a regular basis in lieu thereof, which they would have received had they not been on annual leave; or
(b) 17½% annual leave loading.
44.3 Maximum Loading
The annual leave loading payable shall not exceed the amount which would have been payable to a staff member in receipt of salary equivalent to the maximum salary for a SAC Officer Level 12 under this Award.
44.4 Leave year
For the calculation of the annual leave loading, the leave year commences on 1 December of each year and ends on 30 November of the following year.

44.5 Payment of annual leave loading

Payment of the annual leave loading shall be made on the annual leave accrued during the current Calendar leave year and shall be subject to the following conditions:
(a) Annual leave loading shall be paid on the first occasion in a Calendar year when a staff member takes at least 2 consecutive weeks' annual leave.
Where a staff member does not have at least 2 weeks' annual leave available, the staff member may use a combination of annual leave and any of the following: public holidays, flex leave, extended leave, leave without pay, time off in lieu, banked local working arrangements and monthly due local working arrangements. The staff member shall be paid the annual leave loading for such period, provided the absence is at least 2 weeks.
(b) If at least 2 weeks’ leave, as set out in paragraph 44.5(a), is not taken in a Calendar year, then the payment of the annual leave loading entitlement for the Calendar leave year shall be made to the staff member as at 30 November of the current year.
(c) Annual leave loading shall in the first Calendar year of employment be paid on a pro rata accumulation basis the first occasion when at least 2 weeks' leave, as specified in paragraph 44.5(a), is taken.
(d) A staff member who has not been paid the annual leave loading before the end of a Calendar year shall be paid such annual leave loading on resignation, retirement or termination by the employer for any reason other than the staff member's serious and intentional misconduct.