New south wales industrial gazette

19. Salaries
19.1 General Scale
(a) In accordance with Salaries table of Part B of this Award, the minimum rate of salary for employees provided in this subclause shall be the annual rate set out opposite the year from time to time effective, provided that an employee:
(i) Appointed to a position governed by this scale shall proceed annually from year to year as provided for on each anniversary of such appointment, except, if granted an accelerated advancements, the next increment is effective from the anniversary of the accelerated advancement;
(ii) On attaining the age of 21 years, shall be paid not less than the rate appropriate for a Year 3 employee;
(iii) On appointment, and qualified at Higher School Certificate standard, shall be paid not less than the rate for age 19 and over.
(b) Appointment to the general scale may be at any year subject to consideration of the applicant’s knowledge, skills and experience levels.
19.2 Graded Positions
(a) The minimum rates of pay for graded employees shall be the rate set out in accordance with the Salaries table of Part B of this Award from time to time.
These rates of pay shall be subject to future variations in the Annual Rate of salary appropriate to the Grade being in accordance with variations to the Crown Employees (Public Sector - Salaries 2007) Award.
(b) The Corporation may broadband one or more graded levels in this Award.
19.3 Salary Progression
Salary progression through the General Scale or within a Graded Structure shall be subject to the Salary Increments clause of this Award.
19.4 Pay Days
(a) Salaries shall be paid to all employees of the Corporation on a fortnightly basis through Electronic Funds Transfer unless otherwise approved.
(b) Other than for individual arrangements, any variation to this subclause is to be by way of consultation through the Corporation’s Joint Consultative Committee.
20. Salary Increments
20.1 The payment to an employee of a salary increment pursuant to clause 19, Salaries of this Award shall be made only with the prior approval of the CEO.
20.2 The minimum rate of salary for employees provided in this subclause shall be the annual rate set out opposite the year from time to time effective, provided that an employee appointed to a position governed by this scale shall proceed annually from year to year as provided for on each anniversary of such appointment, except, if granted an accelerated advancements, the next increment is effective from the anniversary of the accelerated advancement.
20.3 The payment of an increment to an employee is subject to the satisfactory conduct of, and the satisfactory performance of the duties by, the employee.

20.4 In considering the payment of an increment under this clause, the CEO, not being satisfied that the conduct and discharge of duties by the employee are such as to warrant payment, may determine that payment of the increment be deferred for a period of time up to 12 months until a satisfactory report is received or, alternatively, determine that the increment be not paid.

20.5 An employee who is the subject of a report shall be given the opportunity to see and sign the report and also comment on the report before the CEO takes a decision in the matter.
20.6 Where payment of an increment has been deferred, eligibility for payment of a further increment (where applicable) will come into force on the normal incremental advancement date, notwithstanding the deferral of the previous increment.
20.7 In any case where the CEO withholds approval of payment of an increment in accordance with the provision of this clause, the employee affected shall be informed of the reason for the withholding of the increment and shall have a right of appeal as provided under the terms of this Award.
21. Salary Sacrifice to Superannuation
21.1 A staff member may elect, subject to the agreement of the Corporation, to sacrifice a portion of the salary payable to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate. The amount sacrificed must be in accordance with the relevant legislation. In this clause "superannuable salary" means the staff member’s salary as notified from time to time to the SAS Trustee Corporation.
21.2 Where the staff member has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:
(a) Subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion, and
(b) Any allowance, penalty rate, payment for unused entitlements, weekly workers compensation or other payment, other than any payments for leave taken in service, to which a staff member is entitled under this Award or any applicable award, Act or statute which is expressed to be determined by reference to a staff member’s salary, shall be calculated by reference to the salary which would have applied to the staff member in the absence of any salary sacrifice to superannuation made under this Award.
(c) The staff member may elect to have the portion of payable salary, which is sacrificed to additional employer superannuation contributions:
(i) Paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions, or
(ii) Paid into a private sector complying superannuation scheme as employer superannuation contributions.
(d) Where a staff member elects to salary sacrifice in terms of paragraph 21.2(c), the Corporation will pay the sacrificed amount into the relevant superannuation fund.
(e) Where the staff member is a member of a superannuation scheme established under the:
(i) Police Regulation (Superannuation) Act 1906;
(ii) Superannuation Act 1916;
(iii) State Authorities (Superannuation) Act 1987;
(iv) State Authorities Non-contributory Superannuation Act 1987; or
(v) First State Superannuation Act 1992,
the Corporation must ensure that the amount of any additional employer superannuation contributions specified in subclause 21.1 is included in the staff member’s superannuable salary, which is notified to the SAS Trustee Corporation.
(f) Where, prior to electing to sacrifice a portion of his/her salary to superannuation, a staff member had entered into an agreement with the Corporation to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in paragraph 21.2(e), the Corporation will continue to base contributions to that fund on the salary payable to the same extent as applied before the staff member sacrificed portion of that salary to superannuation.
This clause applies even though the superannuation contributions made by the Corporation may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.
22. Overtime
22.1 Authorisation
The CEO may authorise the performing of duties outside the normal working hours.
22.2 Limitation on Payment of Overtime
Employees of SAC Officer Level 8 and under shall be paid for performing duties outside of the normal working hours. Subject to the provisions of subclause 22.12, if directed all other employees may be paid for performing duties outside the normal working hours.
22.3 Overtime Rates
An employee directed to perform duty in excess of the normal working hours shall be paid:
(a) For overtime worked, Monday to Saturday, inclusive - at ordinary rates plus one half for the first 2 hours and at double ordinary rates thereafter, provided that overtime worked after 12 noon Saturday shall be paid at double ordinary rates;
(b) For overtime worked on Sunday - at double ordinary rates such double ordinary rates to continue until released from overtime duty;
(c) Where an employee has worked overtime both preceding and following his/her other normal hours of duty on the same day, the total hours of both periods of overtime shall be taken into account in determining when double ordinary rates become payable in respect of overtime performed following the usual ceasing time;
(d) Unless already entitled to pay for overtime at double rates where overtime is worked partly on one day and extends into the next day and such next day is a Sunday or award holiday, the payment for overtime at double ordinary rates shall commence from the midnight of the day preceding the Sunday or at one and one half times ordinary rates plus payment for the award holiday from midnight of the day preceding such award holiday irrespective of whether the first 2 hours of the overtime have or have not been completed.
22.4 Working Overtime on a Holiday
All time worked on a holiday by an employee shall be paid for at time and half in addition to the ordinary rate of pay for the day with a minimum payment as for 4 hours worked provided that an employee who is required to work for less than 7 hours on a holiday which falls within the period of the employee’s normal working week shall be paid time and a half in addition to payment for such holiday with a minimum payment as for 3 hours worked and, further, that the additional payment is in substitution for any shift allowance or penalty applicable and not in addition to it for the hours worked.

22.5 Overtime during Lunch Breaks

(a) An employee instructed to continue to work during what would have been the normal lunch break and thereafter a meal break is allowed shall be paid at ordinary rates plus one half for the period during which such meal break has been deferred.
(b) An employee shall not at any time be compelled to work more than 5 hours without a break for a meal.
22.6 Meal Breaks
(a) An employee working overtime shall be allowed a meal break of 20 minutes (to be paid for at the appropriate overtime rate) after each period of 4 hours of overtime worked; meal breaks allowed may be taken as they fall due or otherwise by mutual arrangements, having regard to paragraph 22.5(b).
(b) An employee required to work one and a half hours or more overtime immediately after the usual ceasing time shall be allowed a meal break of 20 minutes, which shall be paid for at the appropriate overtime rate. The meal break may be taken at the commencement of the overtime worked or later by mutual agreement.
(c) An employee may, by mutual arrangement, extend a meal break to a period not exceeding one hour; provided, however, that any time taken in excess of 20 minutes allowed with pay under this subclause shall not be paid for.
(d) Meal breaks with pay allowed in accordance with this subclause shall be deemed to be time worked for the purpose of computing the overtime rate payable under this clause.
22.7 Stand-By
An employee directed to stand by in readiness to work overtime shall be paid at ordinary rates from the time he/she commences such stand-by until released from stand-by or until he/she is directed to proceed to take up overtime.
22.8 Recall to Work
(a) An employee, recalled to work overtime after leaving his/her place of work (whether notified before or after leaving his/her place of work) or whose normal hours do not include work on a Saturday, Sunday or award holiday, directed to work on any such day or days, shall be entitled to a minimum of 4 hours’ pay at the appropriate overtime rate of each time he/she is so recalled or performs such work; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full 4 hours if the job he/she was recalled to or which he/she was required to perform is completed within a shorter period.
(b) This subclause shall not apply in cases where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
"Recalled to Work Overtime" for the purpose of this subclause shall mean:
(i) A direction given to an employee to commence overtime work at a specified time, which is 2 hours or more prior to his/her usual commencing time or one hour or more after his/her usual ceasing time; or
(ii) A notification given to an employee after completion of his/her day’s work directing him/her to take up overtime work.

22.9 Provision of Transport

When an employee, after having worked overtime, finishes work at a time when reasonable means of transport is not available, the Corporation shall provide him/her with a conveyance to his/her home or shall pay him/her current salary for the time reasonably occupied in reaching his/her home.
22.10 Limitations on Overtime Worked
(a) When overtime work is necessary it shall, wherever reasonably practicable, be arranged that employees have at least 10 consecutive hours off duty between the work of successive days.
(b) An employee who works so much overtime between the termination of his/her ordinary work on one day and commencement of his/her ordinary work on the next day that he/she has not had at least 10 consecutive hours off duty between those times shall, subject to this subclause be released after completion of such overtime until he/she has had 10 consecutive hours off without loss of pay for ordinary working time during such absence.
(c) If such employee is directed on such occasion to resume or to continue work without having had such 10 consecutive hours off duty, he/she shall be paid at double ordinary rates until he/she is released from duty for such period and he/she shall be entitled to be absent until he/she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence; provided that, in respect of overtime worked prior to the normal starting time i.e. Monday or a day following an award holiday, an employee shall be assumed to have had an ordinary working day.
(d) Any period of overtime worked of less than 5 hours' duration for which a minimum payment is provided under subclause 22.8 shall not be taken into account for the purpose of this subclause.
22.11 Calculating Overtime Rates
For the purpose of calculating overtime rates, for all time worked before the employee’s usual starting time, or later than the employee’s usual finishing time, or on Saturday (except where the ordinary hours are worked on Saturday) Sunday or on award holidays, the ordinary working hours shall be deemed to consist of 35 hours per week.
22.12 Reasonable working of Overtime
A staff member may be directed by the Corporation to work overtime, provided it is reasonable for the staff member to be required to do so. A staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:
(a) the staff member’s prior commitments outside the workplace particularly the staff member’s family and carer responsibilities, community obligations or study arrangements;
(b) any risk to staff members health and safety;
(c) the urgency of the work required to be performed during overtime, the impact on the operational commitments of the Corporation and the effect on client services;
(d) the notice (if any) given by the Corporation regarding the working of the overtime, and by the staff member of their intention to refuse overtime; or
(e) any other relevant matter.
22.13 CEO Discretion to Pay in Excess of Overtime Barrier
Notwithstanding the provisions of subclause 22.2, the CEO may authorise the payment of overtime to an employee whose salary is in excess of the rate prescribed for the overtime salary barrier.

23. Shift Work
23.1 Shift Loadings
A shift worker employed on a shift shall be paid, for work performed during the ordinary hours of any such shift, ordinary rates plus the following additional shift loadings depending on the commencing times of shifts:

Day	at or after 6.00 a.m. and before 10.00 a.m.	Nil
Afternoon	at or after 10.00 a.m. and before 1.00 p.m.	10%
Afternoon	at or after 1.00 p.m. and before 4.00 p.m.	12½%
Night	at or after 4.00 p.m. and before 4.00 a.m.	15%
Night	at or after 4.00 a.m. and before 6.00 a.m.	10%

23.2 The loadings specified in subclause 23.1 shall only apply to shifts worked from Monday to Friday.

23.3 Weekends and Public Holidays
For the purpose of this clause any shift, the major portion of which is worked on a Saturday, Sunday or public holiday shall be deemed to have been worked on a Saturday, Sunday or public holiday and shall be paid as such.
23.4 Saturday Shifts
Shift workers working on an ordinary rostered shift between midnight on Friday and midnight on Saturday, which is not a public holiday, shall be paid for such shifts at ordinary time and one half.
23.5 Sunday Shifts
Shift workers working on an ordinary rostered shift between midnight on Saturday and midnight on Sunday, which is not a public holiday, shall be paid for such shifts at ordinary time and three quarters.
23.6 Public Holidays
The following shall apply:
(1) Where a shift worker is required to and does work on a public holiday, the shift worker shall be paid at two and a half times the rate for time worked.
Such payment shall be in lieu of weekend or shift allowances, which would have been payable if the day had not been a public holiday;
(2) A shift worker rostered off duty on a public holiday shall be paid one day’s pay for that public holiday or have one day added to his/her annual holidays for each such day.
23.7 Rosters
Rosters covering a minimum period of 28 days, where practicable, shall be prepared and issued at least 7 days prior to the commencement of the rosters.
Each roster shall indicate the starting and finishing time of each shift.
Where current or proposed shift arrangements are incompatible with the shift worker’s family, religious or community responsibilities, every effort to negotiate individual alternative arrangements shall be made by the CEO.

23.8 Notice of Change of Shift

A shift worker who is required to change from one shift to another shift shall, where practicable, be given 48 hours' notice of the proposed change.
23.9 Breaks between Shifts
A minimum break of 8 consecutive hours between ordinary rostered shifts shall be given.
23.10 If a shift worker resumes or continues to work without having had 8 consecutive hours off duty, the shift worker shall be paid overtime in accordance with the Overtime Worked by Shift Workers clause in this Award until released from duty for 8 consecutive hours.
The shift worker will then be entitled to be off duty for at least 8 consecutive hours without loss of pay for ordinary working time which falls during such absence.
23.11 Time spent off duty may be calculated by determining the amount of time elapsed after:
(a) The completion of an ordinary rostered shift; or
(b) The completion of authorised overtime; or
(c) The completion of additional travelling time, if travelling on duty, but shall not include time spent travelling to and from the workplace.
24. Meal Allowance
24.1 Definition
In this clause and "employee" does not include a person who is engaged on regular shift work.
24.2 Application
An employee, whether entitled to overtime payment under this clause or not for work outside the usual working hours and, having been so instructed to work by the CEO, shall be paid an allowance at the rate determined by the Corporation:
(a) For breakfast when required to commence work at or before 6.00 a.m. and at least one hour before the prescribed starting time;
(b) For an evening meal - in the case of an employee working under the flexible hours scheme - when required to work until or beyond 7.00 p.m., and until or beyond the expiration of the aggregate period, after commencing duty, of 7 hours excluding the time taken for lunch; and
(c) For lunch on any Saturday, Sunday or public holiday when required to work from 8.45a.m. and required to work until or beyond 1.45 p.m., or on having completed 5 hours' work, of which 2½ hours must have been worked before 1.00 p.m.
24.3 Eligibility
An allowance shall not be paid under this clause unless the CEO is satisfied that:
(a) The performance of the work concerned at the time at which it was performed was necessary; and
(b) The employee concerned incurred expenditure in obtaining the meal in respect of which the allowance is sought.

24.4 Journey on Official Business

Where meals are taken while an employee is journeying on official business, an allowance in respect thereof shall not be paid under this clause.
24.5 Rates
An allowance paid pursuant to this clause shall be at the appropriate rate of the allowance set out in Part B, Monetary Rates.
25. Meal Allowance - Journey Not Requiring Temporary Residence
25.1 An employee who makes a journey on official business and who is not, by reason of that journey, required to reside temporarily at a place other than the employee’s residence shall be paid an allowance of:
(a) For breakfast when required to commence travel at or before 6.00 a.m. and at least one hour before the prescribed starting time;
(b) For an evening meal when required to work or travel until or beyond 7.00 p.m.; and
(c) For lunch when, by reason of the journey, the employee is unable to take lunch at the place at which, or in the manner in which, the employee ordinarily takes lunch and is thereby unavoidably put to additional expense.
25.2 The rate of the allowance under this clause for lunch shall be:
(a) An amount equivalent to the additional expense referred to in paragraph 25.1(c) incurred by the employee in taking lunch; or
(b) The maximum rate determined by the Corporation, whichever is the lesser.
25.3 The maximum rate of the allowance under this clause for breakfast, lunch or an evening meal shall be in accordance with the appropriate rate of the allowance set out in Part B, Monetary Rates.
25.4 An allowance under this clause for breakfast or an evening meal shall not be paid unless the CEO is satisfied that:
(a) The employee concerned incurred expenditure to obtain the meal; and
(b) Where the employee concerned was able to cease duty or travel for at least 30 minutes to take that meal, the employee did so.
25.5 An employee shall not be paid an allowance under this clause and an allowance under clause 24 in respect of the same meal.
26. Travelling Allowance - on Official Duty
26.1 Unless the Corporation otherwise determines, an employee who:
(a) Performs official duty at or from a temporary work location;
(b) Is thereby compelled to reside temporarily at a place other than the employee’s residence; and
(c) Is not provided with accommodation by the Corporation,
shall, subject to this clause, be paid an allowance for the expenses incurred during the time actually spent away from Headquarters in order to perform that duty.
26.2 The rate of allowance under this clause shall be:
(a) The appropriate rate of allowance specified in Part B, Monetary Rates; or
(b) An amount equivalent to the actual necessary expenses for meals and accommodation (excluding morning and afternoon teas) together with the daily rate determined by the Corporation for incidental expenses. (All such expenses to be supported by evidence as to the amount actually expended).
26.3 A claim for an allowance under this clause may be made by the employee concerned pursuant to either paragraphs 26.2(a) or 26.2(b), but may not be made under one of those paragraphs for part of the period of absence and under the other paragraph for the other part of the period of the absence.
26.4 Where an employee commences a journey from Headquarters during ordinary office hours, travelling allowance shall commence from the time of departure of the mode of conveyance by which the employee travels.
26.5 Where an employee who is in receipt of travelling allowance returns to Headquarters and again leaves Headquarters during the same day on further official duty, travelling expenses shall be computed as if the journeys were separate.
26.6 For the purpose of this clause, the hourly rate for portion of a day shall in all cases be taken as 1/24th of the daily rate.
26.7 The rates of allowance determined by the Corporation for the purposes of subclause 26.2 shall apply to the first 35 days of continuous absence of the employee from Headquarters.
26.8 For periods of continuous absence in excess of 35 days, the rate of allowance for such further period shall be as determined by the Corporation.
26.9 An allowance under this clause shall not, without the approval of the CEO, be paid for a continuous period exceeding 6 months.