Waratah-Wynyard Council - Enterprise Agreement 2022
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Waratah-Wynyard
Council
Enterprise Agreement 2022Page intentionally left blank
TABLE OF CONTENTS 1 SCOPE OF AGREEMENT .........................................................................................................................1 1.1 TITLE ............................................................................................................................................................ 1 1.2 DEFINITIONS ................................................................................................................................................ 1 1.3 PARTIES BOUND BY AGREEMENT ................................................................................................................ 2 1.3.1 Parties not bound by Agreement ................................................................................................................ 2 1.4 RELATIONSHIP TO AWARDS AND AGREEMENT ........................................................................................... 2 1.5 RELATIONSHIP TO NATIONAL EMPLOYMENT STANDARDS (NES) ................................................................ 2 1.6 NO EXTRA CLAIMS COMMITMENT .............................................................................................................. 3 1.7 RELATIONSHIP TO EMPLOYER POLICIES AND PROCEDURES ........................................................................ 3 1.8 RE-NEGOTIATION OF THE AGREEMENT....................................................................................................... 3 1.9 TERM OF THE AGREEMENT ......................................................................................................................... 3 1.10 ACCESS TO THE AGREEMENT ....................................................................................................................... 3 2 COMMUNICATION AND CONSULTATION ..............................................................................................3 2.1 CONSULTATION ........................................................................................................................................... 3 2.1.1 Consultation Process ................................................................................................................................... 3 2.1.2 Considerations ............................................................................................................................................. 4 2.1.3 Major Change .............................................................................................................................................. 4 2.2 CONSULTATIVE COMMITTEE ....................................................................................................................... 5 2.3 CONTINUOUS IMPROVEMENT .................................................................................................................... 5 2.4 UNION DELEGATES ...................................................................................................................................... 5 2.4.1 DELEGATE leave Arrangements................................................................................................................... 6 2.5 RIGHT OF ENTRY AND ACCESS ..................................................................................................................... 7 3 DISPUTE RESOLUTION ...........................................................................................................................7 3.1 GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE ................................................................................. 7 4 FLEXIBLE WORKING ARRANGEMENTS ...................................................................................................8 4.1 INDIVIDUAL FLEXIBILITY ARRANGEMENT – LONG TERM ............................................................................. 8 4.2 INDIVIDUAL FLEXIBILITY ARRANGEMENT – SHORT TERM ........................................................................... 9 4.3 TRANSITION TO RETIREMENT AND SUCCESSION MANAGEMENT ............................................................... 9 4.4 WORKING FROM HOME ............................................................................................................................ 10 5 EMPLOYMENT RELATIONSHIP .............................................................................................................10 5.1 EMPLOYMENT CATEGORIES ...................................................................................................................... 10 5.2 REVIEW OF CASUAL AND TEMPORARY POSITIONS .................................................................................... 11 5.2.1 Casual Conversion ..................................................................................................................................... 11 6 HOURS OF WORK ................................................................................................................................11 6.1 PREAMBLE ................................................................................................................................................. 11 6.2 WEEKLY HOURS ......................................................................................................................................... 12 6.3 FLEXIBLE HOURS AND BANKING OF HOURS............................................................................................... 12 6.4 OVERTIME RATES ...................................................................................................................................... 12 6.5 SPREAD OF HOURS .................................................................................................................................... 13 6.5.1 All Departments other than business units that operate seven days per week. ....................................... 13 6.5.2 Business units that operate seven days per week ..................................................................................... 14 6.6 STARTING AND FINISHING POINT .............................................................................................................. 14 6.7 ROSTERED DAY OFF (RDO) ......................................................................................................................... 14 7 REMUNERATION AND RELATED MATTERS ..........................................................................................15 7.1 AGREEMENT INCREASES ........................................................................................................................... 15 7.2 PAYMENT OF SALARY AND ALLOWANCES ................................................................................................. 15 7.3 DEDUCTIONS FROM WAGES...................................................................................................................... 15 7.4 JUNIOR RATES ........................................................................................................................................... 16 7.5 TRAINEE PAY RATES ................................................................................................................................... 16 7.6 SUPPORTED WAGE – EMPLOYEES WITH A DISABILITY............................................................................... 16 7.7 HIGHER DUTIES.......................................................................................................................................... 17 7.8 ALTERNATE DUTIES ................................................................................................................................... 17 Waratah-Wynyard Council Enterprise Agreement 2022 Table of Contents Page i
7.9 SALARY SACRIFICE ..................................................................................................................................... 18 7.9.1 Vehicle Salary Packaging........................................................................................................................... 18 7.10 SUPERANNUATION .................................................................................................................................... 18 8 ALLOWANCES......................................................................................................................................19 8.1 CALL OUT ROSTER ARRANGEMENTS (WORKS AND SERVICES) .................................................................. 19 8.2 HANDLING SEWER MATTER (HSM) ALLOWANCE ...................................................................................... 20 8.3 ENTERING A CONFINED SPACE ALLOWANCE ............................................................................................. 20 8.4 HIGH RISK WEED SPRAYING ALLOWANCE ................................................................................................. 20 9 NON-WAGE MATTERS .........................................................................................................................21 9.1 UNIFORMS AND PERSONAL PROTECTIVE EQUIPMENT ............................................................................. 21 9.1.1 Works and Services ................................................................................................................................... 21 9.1.2 Council Offices and Wonders of Wynyard Exhibition Centre ..................................................................... 21 9.1.3 Children’s Services ..................................................................................................................................... 22 9.2 HEALTH AND WELLBEING PROGRAMS ...................................................................................................... 22 9.3 EMPLOYEE ASSISTANCE PROGRAM (EAP) ................................................................................................. 23 9.4 SERVICE RECOGNITION.............................................................................................................................. 23 9.5 IMMUNISATIONS....................................................................................................................................... 23 9.5.1 Influenza Vacination.................................................................................................................................. 23 9.5.2 Occupational Vacinations ......................................................................................................................... 23 9.6 GPS TRACKING SYSTEMS ........................................................................................................................... 23 10 LEAVE ENTITLEMENTS .........................................................................................................................24 10.1 ANNUAL LEAVE .......................................................................................................................................... 24 10.1.1 Annual Leave Loading ............................................................................................................................... 25 10.1.2 Excessive Leave ......................................................................................................................................... 25 10.2 PAID PERSONAL/CARER’S LEAVE ............................................................................................................... 25 10.3 UNPAID CARER’S LEAVE ............................................................................................................................. 26 10.4 COMPASSIONATE LEAVE ........................................................................................................................... 26 10.5 NOTICE AND EVIDENCE REQUIREMENTS................................................................................................... 26 10.6 LEAVE WITHOUT PAY ................................................................................................................................. 27 10.7 PUBLIC HOLIDAYS ...................................................................................................................................... 28 10.8 CHRISTMAS CLOSURE ................................................................................................................................ 28 10.9 PURCHASED LEAVE ARRANGEMENT ......................................................................................................... 28 10.10 LONG SERVICE LEAVE ................................................................................................................................ 29 10.10.1 Scheduling of Long Service Leave .............................................................................................................. 30 10.11 PARENTAL LEAVE ....................................................................................................................................... 30 10.11.1 Unpaid Entitlements as per NES ................................................................................................................ 30 10.11.2 Definitions for Paid Parental Leave ........................................................................................................... 30 10.11.3 Paid Parental Leave ................................................................................................................................... 30 10.11.4 Period of Paid Parental Leave ................................................................................................................... 30 10.11.5 Timing of Paid Parental Leave ................................................................................................................... 31 10.11.6 Continuity of Service .................................................................................................................................. 31 10.11.7 Postnatal Care ........................................................................................................................................... 31 10.11.8 Paid Stillbirth Leave ................................................................................................................................... 31 10.11.9 Superannuation on Paid Parental Leave ................................................................................................... 31 10.12 FAMILY AND DOMESTIC VIOLENCE LEAVE ................................................................................................. 32 10.12.1 General Measures ..................................................................................................................................... 32 10.12.2 Individual Support ..................................................................................................................................... 32 10.13 PERSONAL EMERGENCY LEAVE ................................................................................................................. 33 10.14 COMMUNITY SERVICE LEAVE .................................................................................................................... 33 10.14.1 General ...................................................................................................................................................... 33 10.14.2 Voluntary Emergency Management Activity ............................................................................................ 33 10.14.3 Jury Service ................................................................................................................................................ 34 10.15 BLOOD DONATION LEAVE ......................................................................................................................... 34 10.16 DEFENCE FORCE RESERVES SPECIAL LEAVE ............................................................................................... 34 11 EMPLOYEE TRAINING AND DEVELOPMENT .........................................................................................34 11.1 TRAINING AND DEVELOPMENT ................................................................................................................. 34 Waratah-Wynyard Council Enterprise Agreement 2022 Table of Contents Page ii
11.2 ANNUAL PERFORMANCE REVIEW AND EMPLOYEE PLAN .......................................................................... 35 11.3 TRAINEESHIPS ........................................................................................................................................... 35 12 TERMINATION OF EMPLOYMENT AND ASSOCIATED MATTERS ...........................................................36 12.1 NOTICE OF TERMINATION ......................................................................................................................... 36 12.2 REDUNDANCY ........................................................................................................................................... 36 12.2.1 Periods of Notice ....................................................................................................................................... 36 12.2.2 Process ...................................................................................................................................................... 36 12.3 OUTPLACEMENT SERVICES ........................................................................................................................ 37 12.4 TRANSMISSION OF BUSINESS .................................................................................................................... 37 12.4.1 Definition of Business ................................................................................................................................ 37 12.4.2 General ...................................................................................................................................................... 37 12.5 REDUNDANCY PAY .................................................................................................................................... 38 12.6 REDEPLOYMENT ........................................................................................................................................ 39 13 RESERVED MATTERS ...........................................................................................................................40 13.1 REVIEW OF CLASSIFICATION STRUCTURE .................................................................................................. 40 13.2 SURVEILLANCE POLICY .............................................................................................................................. 40 14 SCHEDULE 1 – BASE PAY RATES ...........................................................................................................41 14.1 INDOOR EMPLOYEES ................................................................................................................................. 41 14.1.1 Administrative Stream............................................................................................................................... 41 14.1.2 Executive Stream ....................................................................................................................................... 42 14.1.3 Professional Stream .................................................................................................................................. 43 14.1.4 Technical/Inspectorial Stream ................................................................................................................... 44 14.2 WORKS AND SERVICES DEPOT ................................................................................................................... 45 14.3 CHILDREN’S SERVICES................................................................................................................................ 46 14.3.1 Child Care Worker ..................................................................................................................................... 46 14.3.2 Director and Assistant Director ................................................................................................................. 47 15 ACCEPTANCE OF AGREEMENT .............................................................................................................48 Waratah-Wynyard Council Enterprise Agreement 2022 Table of Contents Page iii
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1 SCOPE OF AGREEMENT
1.1 TITLE
This Enterprise Agreement shall be known as the Waratah-Wynyard Council Enterprise
Agreement 2022 (Agreement).
1.2 DEFINITIONS
For the purpose of this Agreement:
Act means the Fair Work Act 2009 (Cth).
Agreement means the Waratah-Wynyard Council Enterprise Agreement 2022.
Award means Local Government Industry Award 2020.
Base Rate of Pay means the hourly rate of pay payable to an Employee for his or her ordinary
hours of work, but not including any of the following: incentive-based payments and bonuses;
loadings; monetary allowances; overtime or penalty rates; any other separately identifiable
amounts.
Council means the Waratah-Wynyard Council.
Default Fund means Spirit Super or Vision Super Fund (or any successor).
Employee means a person employed by the Waratah-Wynyard Council and who is covered by
this Agreement.
Employer means the Waratah-Wynyard Council.
Eligible Community Service Activity means Jury Service (including attendance for the purpose
of jury selection) that is required by or under a law of the Commonwealth or of a State or
Territory; or carrying out a voluntary emergency management activity.
FWC means Fair Work Commission or any successor.
Immediate Family includes:
▪ A spouse or former spouse, de facto partner or former de facto partner,
▪ Child or grandchild,
▪ Parent or grandparent,
▪ sibling,
▪ or a child, parent, grandparent, grandchild or sibling of an employee’s spouse or de
facto partner.
It includes step-relations (e.g. step-parents and step-children) as well as adoptive relations.
Kinship relation an individual to whom an Employee can demonstrate a similar moral duty as
with immediate family, specifically aboriginal kinship relationships and the customs and
traditions of the Employee's family group.
NES means the National Employment Standards.
Ordinary time earnings mean an Employee’s actual ordinary rate of pay including allowances
paid on a weekly basis and shift loadings, but excluding overtime earnings, special rates and
allowances of a reimbursable nature (e.g. meal allowance, vehicle allowance).
Waratah-Wynyard Council Enterprise Agreement 2022 Page 1Permissible Occasion means an occasion of leave taken which is in accordance with the defined
criteria of a given clause.
RDO means Rostered Day Off.
Trainee means an employee undertaking a traineeship under a training contract.
Union means the Australian Services Union (ASU) or any other relevant union.
1.3 PARTIES BOUND BY AGREEMENT
Subject to Parties not bound by Agreement (clause 1.3.1), this Agreement will apply to:
▪ Waratah-Wynyard Council (Council or Employer);
▪ Employees engaged by Council for whom Classifications appear in the;
- Municipal Employees (Country Councils – Tasmania) Award 2003 (AT825465);
- Local Government (Community Services) Tasmania Award 2002 (AT815537);
- Municipal Officers (Tasmania) Award 2002 (AT815609); (Employees); and
▪ The Australian Services Union (ASU).
1.3.1 Parties not bound by Agreement
This Agreement does not apply to any Employees employed by the Employer under common
law contract as follows:
▪ General Manager or any employees specifically engaged at the level of Director or
Manager; or
▪ Employees engaged on a temporary short-term basis of less than 12 months.
For the avoidance of any doubt, no current managerial roles will be moved to a common law
contract without mutual agreement.
1.4 RELATIONSHIP TO AWARDS AND AGREEMENT
This Agreement operates to the exclusion of all industrial instruments (including any award,
federal award, transitional federal award, pre-reform federal award, pre-reform certified
agreement, a modern award, a preserved state agreement and a notional agreement
preserving a state award) other than that listed below.
This Agreement incorporates the Local Government Industry Award 2020 (Award) as it existed
on 1 January 2021.
Where inconsistencies occur between this Agreement and the Award, this Agreement will
prevail to the extent of the inconsistency. For the avoidance of doubt, where this Agreement is
silent on a matter the Award shall apply.
This Agreement wholly replaces the Waratah-Wynyard Council Enterprise Agreement 2018.
1.5 RELATIONSHIP TO NATIONAL EMPLOYMENT STANDARDS (NES)
Nothing in this Agreement will operate to provide a less favourable outcome for Employees in a
particular respect than that provided by the NES.
Employee entitlements under this Agreement:
(a) Apply unless a superior condition applies in accordance with the NES; and
(b) Are provided in satisfaction of, and not in addition to, entitlements under the NES.
Waratah-Wynyard Council Enterprise Agreement 2022 Page 21.6 NO EXTRA CLAIMS COMMITMENT
The parties undertake for the life of the Agreement, there shall be no extra claims in relation to
matters covered by this Agreement, except for those granted under the terms of this
Agreement.
For the avoidance of doubt, this clause does not preclude the Council from exercising its
managerial prerogative to implement changes in the workplace, including policies, procedures
and directions in accordance with any applicable consultative requirements.
1.7 RELATIONSHIP TO EMPLOYER POLICIES AND PROCEDURES
This Agreement is supported by policies and procedures determined by the employer from time
to time. These policies and procedures will not reduce employees’ entitlements contained in
this Agreement.
1.8 RE-NEGOTIATION OF THE AGREEMENT
The parties agree that no later than six (6) months before the expiration of this Agreement,
discussions will commence regarding a further agreement.
1.9 TERM OF THE AGREEMENT
The Agreement will commence operation from the seventh day after approval by Fair Work
Commission and will have a nominal expiry date of 31 December 2024.
1.10 ACCESS TO THE AGREEMENT
An up to date copy of this Agreement will be maintained in prominent places and be easily
accessible by Employees.
2 COMMUNICATION AND CONSULTATION
2.1 CONSULTATION
2.1.1 CONSULTATION PROCESS
Consultation is a process which occurs prior to, not after the making of an in-principle decision.
It involves active listening on both sides and has the capacity to influence the outcome.
Where Waratah-Wynyard Council has made an in-principle decision to introduce:
▪ a major change to production, program, organisation, structure or technology in relation to
its enterprise and the change is likely to have a significant effect on Employees; or
▪ a change to an Employee’s regular rosters or ordinary hours of work;
Then the following provisions apply:
(a) Council must notify the relevant Employees of the decision to introduce the in-principle
change.
(b) The relevant Employees may appoint a representative (which may include a Union) for
the purposes of the procedures under clause 2.1 of the Agreement.
(c) If a relevant Employee appoints, or relevant Employees appoint, a representative for the
purposes of consultation and the Employee, or Employees, advise the Council of the
identity of the representative, the Council must recognise the representative.
Waratah-Wynyard Council Enterprise Agreement 2022 Page 3(d) As soon as is practicable before, and where appropriate, during the making of its in-
principle decision, the Council must discuss with the relevant Employees:
(i) the introduction of the change;
(ii) the effect the change is likely to have on the Employees; and
(iii) measures Council is taking to avert or mitigate the adverse effect of the change on
the Employees.
(e) The Council must provide, in writing, to the relevant Employee and their nominated
representative:
(i) all relevant information about the in-principle change including the nature of the
change proposed;
(ii) information about the expected effects of the change on the Employees; and
(iii) any other matters likely to affect the employees.
(f) In addition to the matters above in clause 2.1, for a change to regular rosters or ordinary
hours of work for full-time or part-time Employees, the Council must:
(i) provide information to the Employees about the change;
(ii) invite the Employees to give their views about the impact of the change (including
any impact in relation to their family or caring responsibilities); and
(iii) consider any views given by the Employees about the change.
2.1.2 Considerations
(a) The requirement to consult regarding a change to regular rosters or ordinary hours of
work under this clause does not apply where an Employee has irregular, sporadic or
unpredictable working hours, specifically on call casuals.
(b) These provisions relating to a change to regular rosters or ordinary hours of work are to
be read in conjunction with other Agreement provisions concerning the scheduling of
work and notice requirements.
(c) Council is not required to disclose confidential or commercially sensitive information.
(d) Council must give prompt and genuine consideration to matters raised about the
proposed change.
2.1.3 Major Change
(a) In this clause, a major change is likely to have a significant effect on Employees if it results
in:
▪ the termination of the employment of Employees; or
▪ major change to the composition, operation or size of the Council’s workforce or to
the skills required of Employees; or
▪ the elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
▪ the alteration of hours of work; or
▪ the need to retrain Employees; or
▪ the need to relocate Employees to another workplace; or
Waratah-Wynyard Council Enterprise Agreement 2022 Page 4▪ the restructuring of jobs.
Provided that where this Agreement makes provision for alteration of any of these
matters an alteration is deemed not to have a significant effect.
(b) In this clause, relevant Employees means the Employees who may be affected by the
proposed change.
2.2 CONSULTATIVE COMMITTEE
Waratah-Wynyard Council commit to maintaining a Consultative Committee which will act as
the principal group for continuing consultation between management and Employee
representatives. This committee will maintain their own terms of reference and provide a
forum to discuss matters which may impact broadly on Employees. Individual matters that are
of a sensitive and personal nature will not be discussed at this forum.
The committee members will be representative of the indoor workforce, outdoor workforce,
children’s services, human resources and management. An ASU Official shall be an Ex Officio
member.
A review of the Consultative Committee will be conducted, by the Committee, within the first
year of this Agreement to ensure the Committee is of benefit to the organisation and
Employees. Amongst other aims, the Committee should aim to improve business performance
of the Council, ensure that local working conditions are adequate, develop and foster effective
communication, team building and Employee participation and engagement within the work
location and with other parts of the Employer, and contribute to improved productivity,
including development of Employee skills and career opportunities.
2.3 CONTINUOUS IMPROVEMENT
Continuous improvement is an ongoing process of identifying opportunities to improve
outcomes for the community, Employees and the organisation through leadership, research,
monitoring, consultation and evaluation. Management and staff are committed to ensuring
that the services they provide are underpinned by continual improvement and good business
practice.
A commitment to continuous improvement will:
▪ provide a focus on identifying valued services for the community and other stakeholders
which they can understand, respond to and measure performance against;
▪ deliver quality and best value services to the community and other stakeholders in a way
that is financially sustainable;
▪ build a constructive organisational culture of innovation, trust and collaboration in the
pursuit of continuous improvement; and
▪ build a constructive organisational culture based on a “one organisation” approach to the
delivery of "best value" to the community and other stakeholders.
The Council aims to be regarded as a desirable place to work and to achieve high levels of
community and Employee satisfaction.
2.4 UNION DELEGATES
Waratah-Wynyard Council will recognise union delegates who are authorised by the unions and
undertakes to allow such delegates to perform their role without any discrimination in respect
of their employment.
Waratah-Wynyard Council Enterprise Agreement 2022 Page 5The Council acknowledges that delegates represent and speak on behalf of union members in
the workplace and have the right to engage in collective negotiations with the Employer on
behalf of members. The union delegate shall have the right to reasonable time to prepare for,
attend and participate in dispute resolution proceedings and collective bargaining meetings and
proceedings on behalf of those they represent in paid time.
Council will advise each new Employee of the unions that have coverage within Waratah-
Wynyard Council in the online induction which will include information regarding the relevant
unions.
The Council will give delegates reasonable access to telephone, facsimile, photocopying,
internet and email facilities for the purpose of carrying out work as a delegate and consulting
with workplace colleagues and the union. A lockable cabinet will also be provided.
The Council will provide access to a notice board in a prominent location in the workplace on
which delegates may place notices relevant to union activities.
2.4.1 DELEGATE LEAVE ARRANGEMENTS
Waratah-Wynyard Council recognises the involvement of union delegates and provides a
maximum of five (5) days per delegate each calendar year (non-cumulative) for the purposes of
activities as outlined below. Any variation to this arrangement is to be approved by the
General Manager.
Approved Union Delegate Leave, with approval from the Union and upon application in writing
to Council, is to be used to:
▪ represent members in bargaining;
▪ represent the interests of members to the Council and industrial tribunals;
▪ consult with union members for whom the union is a bargaining representative;
▪ attend union education;
▪ attend courses conducted by an approved training provider, that are designed to provide
skills and competencies that will assist the delegate or workplace representative contribute
to the prompt resolution of disputes and or grievances in the workplace;
▪ attend union annual Delegates Conference.
To avoid the Employee being disadvantaged, where practicable, the Council will offer the
Employee additional shifts equal to the leave accessed for the purposes specific to the
attendance of union matters.
The application to the Council must be in writing, include the nature, content and duration of
the course to be attended, and normally be provided with fourteen (14) days’ notice of the
proposed training.
The granting of leave pursuant to this clause shall be subject to the Council being able to make
adequate staffing arrangements amongst current Employees during the period of such leave.
Leave of absence granted pursuant to this clause, shall count as service for all purposes of this
Agreement.
All expenses (such as travel, accommodation and meals) associated with or incurred by the
Employee attending a training course as provided in this clause shall be the responsibility of the
Employee or the Union.
An Employee may be required to satisfy the Council of attendance at the course to qualify for
payment of leave.
Waratah-Wynyard Council Enterprise Agreement 2022 Page 62.5 RIGHT OF ENTRY AND ACCESS
Union right of entry is as per the conditions of the Fair Work Act 2009 (Cth), however an official
of the Union may enter the Employer’s premises, on less than twenty-four (24) hours’ notice
where the reason for entry is a bona fide dispute notified to the Council through clause 3 the
Dispute Resolution clause of this Agreement.
Union officials will not unduly hinder the productivity of the workplace.
However, nothing in this clause provides an official of the union with a right to enter premises
contrary to section 194(f) or (g) of the Fair Work Act 2009.
3 DISPUTE RESOLUTION
3.1 GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE
If a dispute arises this Agreement, the NES (including subsections 65(5) or 76(4)), or any other
work-related matter (including a dispute whether workplace rights have been breached), the
parties to the dispute will attempt to resolve the dispute at the workplace level.
If the matter cannot be resolved, parties may refer the dispute to Fair Work Commission for
resolution using any of its powers (including powers under section 739(4) of the Fair Work Act
2009 (Cth)).
Union members are entitled to be represented by their union. Non-members are entitled to be
represented by the Union (if it agrees) or by any other person they choose. The Employer shall
recognise the representative for all purposes involved with the resolution of the dispute.
The parties to the dispute and their representatives must act in good faith in relation to the
dispute.
While the dispute is being resolved, the parties will respect the status quo. However, the
Employer may direct an Employee to perform different work or work at a different location, on
full pay, if it is reasonable to do so to protect the safety, health or welfare of Employees.
The parties to the dispute agree to be bound by a decision made by Fair Work Commission in
accordance with this term.
The following procedure will be adhered to in relation to the resolution of grievances and
dispute resolution:
(a) Should any matter occur which gives cause for concern to an Employee they shall raise
such matter with their immediate supervisor.
(b) Within seventy-two (72) hours, the parties will make all reasonable attempts to arrange a
time to meet to discuss and review the matter.
(c) If not settled to his/her satisfaction, the Employee concerned may refer the matter to the
Director, or the Employee appointed and recognised as the Union’s workplace
representative or union delegate representing the Employee concerned. Such union
delegate shall submit the matter to the most senior Employee responsible for
supervision. Within seventy-two (72) hours, the parties will make all reasonable attempts
to arrange a time to meet to discuss and review the matter.
(d) If the matter is not satisfactorily settled, the Employee or union delegate may submit the
matter to the General Manager.
Waratah-Wynyard Council Enterprise Agreement 2022 Page 7(e) If not settled the matter may be further discussed between the Employee, Employee’s
representative or Branch Secretary of the relevant Union (or his/her nominee) and the
appropriate representative of the Employer.
(f) If the matter is not settled it may be referred to the Fair Work Commission initially for
conciliation. If conciliation does not resolve the matter, Fair Work Commission may
arbitrate the matter. The Fair Work Commission determination shall be made in the form
of an Order.
(g) Nothing in this procedure shall prevent any Employee from seeking advice or assistance
from their Union or Union representative.
(h) Nothing shall prevent either an Employer association or the Branch Secretary of the
relevant Union or his/her nominee from becoming involved or referring the matter to the
Fair Work Commission at an earlier stage should they consider it necessary.
(i) Pending settlement and provided the status quo remains, members of the relevant Union
shall remain normally at work with the co-operation and encouragement of officials of
the relevant Union.
(j) No party shall be prejudiced as to final settlement of the dispute by the continuance of
work. Only Employees affected and who need to be involved in matters at conciliation
may attend. No Employee will lose any income as a result of being involved in the
attempt to resolve disputes under this procedure.
Each party will bear their own costs in relation to any proceedings which result from the
application of this dispute resolution procedure. This provision will not apply where it has been
determined by the Fair Work Commission that the claim was a vexatious claim or had no
reasonable prospect of success.
4 FLEXIBLE WORKING ARRANGEMENTS
4.1 INDIVIDUAL FLEXIBILITY ARRANGEMENT – LONG TERM
(a) The Council and Employee covered by this Agreement may agree to make an individual
flexibility arrangement to vary the effect of terms of the Agreement if:
(i) the Agreement deals with one (1) or more of the following matters:
▪ arrangements for when work is performed;
▪ overtime rates; and/or
▪ penalty rates.
(ii) the arrangement meets the genuine needs of the Council and Employee in relation
to one (1) or more of the matters mentioned in clause 4.1 (a) (i); and
(iii) the arrangement is genuinely agreed to by the Council and Employee.
(b) The Council must ensure that the terms of the individual flexibility arrangement:
(i) are about permitted matters under section 172 of the Act; and
(ii) are not unlawful terms under section 194 of the Act; and
(iii) result in the Employee being better off overall than the Employee would be if no
arrangement was made.
(c) The Council must ensure that the individual flexibility arrangement:
Waratah-Wynyard Council Enterprise Agreement 2022 Page 8(i) is in writing; and
(ii) includes the name of the Council and Employee; and
(iii) is signed by the Council and Employee and if the Employee is under eighteen (18)
years of age, signed by a parent or guardian of the Employee; and
(iv) includes details of:
▪ the terms of the Agreement that will be varied by the arrangement; and
▪ how the arrangement will vary the effect of the terms; and
▪ 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
▪ states the day on which the arrangement commences.
(d) The Council must give the Employee a copy of the individual flexibility arrangement
within fourteen (14) days after it is agreed to.
(e) The Council or Employee may terminate the individual flexibility arrangement:
(i) by giving no more than twenty-eight (28) days written notice to the other party to the
arrangement; or
(ii) if the Council and Employee agree in writing — at any time.
Any variation to Employee working arrangements under the Individual Flexibility Arrangement
clause will be considered via a process which is fair and equitable.
Employees reserve the right to engage representation at any time throughout this process.
4.2 INDIVIDUAL FLEXIBILITY ARRANGEMENT – SHORT TERM
Flexibility in the starting and finishing point and hours of work (outside ordinary hours) may be
implemented for short term, generally one-off periods such as individual events or activities or
special projects and must be by mutual agreement.
Flexible hours (outside ordinary hours) will be credited to the Employee at single time, the
Employee being entitled to the equivalent time off, at single time rate, at a mutually convenient
time.
4.3 TRANSITION TO RETIREMENT AND SUCCESSION MANAGEMENT
Council respects the rights of permanent Employees to make their own choices regarding when
they leave Council, whilst at the same time recognising the value these Employees continue to
offer to Council, and more specifically to fellow Employees, in terms of their capability,
knowledge, skills and experience.
A transition to retirement opportunity is intended to provide a mechanism for permanent
Employees to plan their retirement and exit from the organisation in a manner that provides
positive benefit to both the Employee and the organisation.
This process will allow an Employee to prepare for permanent retirement from our workforce
over a reasonable period, and at the same time allows Council to maximise the opportunity for
capacity utilisation and the transfer of knowledge and skills.
More broadly, this means putting in place strategies to facilitate and encourage maximum
engagement, capacity utilisation opportunities, as well as knowledge sharing and transfer from
Employees who are planning to retire from the workforce to those who will need to apply that
knowledge into the future.
Waratah-Wynyard Council Enterprise Agreement 2022 Page 9These strategies can include but are not limited to:
▪ Mentoring and coaching;
▪ Job sharing between existing Employees;
▪ Job sharing between retiring Employee and potential successor;
▪ Job rotation;
▪ Changes in hours and/or duties;
▪ Voluntary classification shift;
▪ Cross training Employees to foster knowledge, transfer and broaden skill sets.
As with any retirement decision, it will be the Employee's choice to apply for transition to
retirement and the Employee will not suffer any detriment as a result.
Whilst every possible option and consequence for the workplace will be considered, the
approval of a transition to retirement plan will be subject to the ability for the proposed plan to
ensure continued services to our external and internal customers.
If approved, the Employee's salary and conditions will be on a pro-rata basis in accordance with
normal part-time provisions.
4.4 WORKING FROM HOME
Council recognises the benefits of providing flexible working arrangements that will support our
people with balancing the demands of work, with their family and/or personal responsibilities.
Arrangements to work from home may be negotiated on a case-by-case basis by mutual
agreement between the Employee and the Employee’s Manager with approval from the
General Manager or delegate.
5 EMPLOYMENT RELATIONSHIP
5.1 EMPLOYMENT CATEGORIES
An Employee will be employed in one of the following categories:
(a) Full-time Employee - means an Employee engaged to work, per fortnight, on average a
minimum of seventy-six (76) hours per fortnight for the Works and Services and
Children’s Services Departments, and seventy-five (75) hours per fortnight for all other
Departments.
(b) Part-time Employee - means an Employee engaged to work less than seventy-six (76)
hours per fortnight for either the Works and Services or Children’s Services Departments
or, less than seventy-five (75) hours per fortnight for all other Departments, on a regular
and systematic basis. The following terms and conditions generally apply to part-time
Employees:
(i) Leave provisions apply on a pro-rata basis.
(ii) Where a part-time Employee is offered and accepts more hours than their usual or
contracted hours these hours will not be considered overtime provided that the
hours are less than seventy-six (76) hours per fortnight for either Works and Services
or Children’s Services or, less than seventy-five (75) hours per fortnight for all other
Departments, on a regular and systematic basis and occur during the span of
Ordinary Hours.
Waratah-Wynyard Council Enterprise Agreement 2022 Page 10(iii) Part-time Employees will be engaged for a minimum of two (2) consecutive hours per
occasion.
(c) Casual Employee – means a person who has accepted an offer of employment from
Council knowing that there is no firm advance commitment to ongoing work with an
agreed pattern of work. The Employee is engaged on an as is and when is required basis
and may work without the expectation of continuous work. This does not prevent a
casual Employee from requesting to work consistent hours on a regular and systematic
basis under a casual arrangement where such work is available.
The following terms and conditions generally apply to casual Employees:
(i) An additional loading of (25%) to the Base Rate of Pay in lieu of Annual leave,
Personal leave (other than Unpaid Carer’s Leave), Paid Compassionate leave, Paid
Bereavement Leave, Public Holidays, Redundancy payments and Notice for
Termination of employment.
(ii) Each period of employment stands alone.
(iii) Penalties and Overtime rates for casual Employees will be calculated on the Base
Rate of Pay.
(iv) In the event of receiving penalty rates, the 25% loading will continue to apply to the
base rate.
(v) Casual Employees will be engaged for a minimum of two (2) consecutive hours per
occasion.
5.2 REVIEW OF CASUAL AND TEMPORARY POSITIONS
It is agreed that where work performed by an Employee of Council is regular and consistent
then the modality of employment shall be permanent. A six (6) monthly review will be
conducted across casual, temporary and contract Employees to establish whether the nature of
that work is ongoing. Council may undertake a recruitment process or direct appointment
provided that a bona fide merit process can be demonstrated to have previously occurred.
5.2.1 CASUAL CONVERSION
Council will make a written offer to convert casual employees to permanent employment
within 21 days after the employee’s 12-month anniversary, if the employee:
(i) has been employed by the employer for 12 months
(ii) has worked a regular pattern of hours on an ongoing basis for at least the last 6 months
(iii) could continue working these hours as a full-time or part-time employee without
significant changes.
6 HOURS OF WORK
6.1 PREAMBLE
The following components, making up Employees ordinary hours of work are covered by
reference to:
(a) Works and Services Department
Seventy-six (76) hour fortnight, worked over a nine (9) day fortnight.
Waratah-Wynyard Council Enterprise Agreement 2022 Page 11Children’s Services Department
Thirty-eight (38) hour week, averaged over each four (4) week cycle to allow for a
nineteen (19) day, four (4) week period.
Wonders of Wynyard Exhibition Centre (Wow)
Thirty-seven and a half (37.5) hour week averaged over each four (4) week cycle to allow
for a nineteen (19) day, four (4) week period.
(b) All other Council Departments (except for Contract Employees and other Employees
where an alternative arrangement has been agreed)
Thirty-seven and a half (37.5) hour week averaged over each four (4) week cycle to allow
for a nineteen (19) day, four (4) week period.
6.2 WEEKLY HOURS
Ordinary working hours shall be based upon an average of seventy-six (76) hours per fortnight
for the Works and Services and Children’s Services Departments and seventy-five (75) hours per
fortnight for all other Departments, provided that, subject to the provisions contained in this
Agreement, actual working hours arrangements that meet the operational requirements of the
Council in its respective work areas shall be agreed between management and Employees.
6.3 FLEXIBLE HOURS AND BANKING OF HOURS
Flexibility in the starting and finishing point in hours of work (outside ordinary hours) may be
implemented for special projects and/or by mutual agreement.
Flexible hours (outside ordinary hours) will be credited to the Employee at single time, the
Employee being entitled to the equivalent time off, at single time rate, at a mutually convenient
time.
All banked hours must be recorded (or equivalent advice) and provided to payroll after being
signed off by the manager or supervisor on a fortnightly basis.
Approval must be obtained prior to the banking of hours as well as taking banked hours’ time
off. A request to take banked hours off, should be completed on a Leave Application form.
To avoid the possibility of unduly affecting the future delivery of Council services, an Employee
cannot bank more than five (5) working days within a six (6) month period, unless prior
approval has been obtained from the relevant Manager. The five (5) working days includes any
banked Rostered Days Off.
If an Employee who has banked hours in credit retires, resigns or otherwise terminates their
employment with Council, those hours shall be paid at ordinary time rates.
6.4 OVERTIME RATES
Overtime is a situation which can occur by either:
(i) Mutual agreement between Employer and Employee; or
(ii) When it is requested or required by Council, and it is reasonable to be performed by
an Employee (directed overtime).
(a) For all work done in excess of ordinary contracted full-time hours per fortnight, the rates
of wages shall be time and a half for the first two hours and double time thereafter, such
double time to continue until the completion of the overtime work.
Waratah-Wynyard Council Enterprise Agreement 2022 Page 12(b) Where overtime work is necessary, it shall, wherever reasonably practicable, be so
arranged that Employees have at least ten (10) consecutive hours off duty between the
work of successive days.
(c) Where overtime is mutually agreed, standard overtime rates and/or banking of hours will
apply.
(d) Where an Employee is directed to work overtime, the work will be either treated as:
(i) Paid overtime as per the conditions of clause 6.4 (h), 6.4 (i) and 6.4 (j); or
(ii) A combination of paid ordinary hours and time off in lieu equivalent to the penalty
rates, the Employee can take the equivalent time off in lieu at a mutually convenient
time as per clause 6.3.
(e) An Employee, who by mutual agreement has agreed to work on the Employee’s rostered
day off, may otherwise elect to be paid out at single time, in lieu of a day off.
(f) In relation to RDOs, should an Employee be directed to work on a rostered day off then
such hours will be treated as overtime.
(g) By agreement between the Employer and Employee time off may be taken in lieu of
payment for overtime.
(h) For all work performed on Saturday, payment shall be made at the rate of time and a half
for the first two hours and double time thereafter, such double time to continue until the
completion of the overtime work.
(i) For all work performed on Sunday, payment shall be made at the rate of double the
ordinary prescribed rate.
(j) For all work performed on a gazetted Public Holiday, the total hourly payment in respect
of the time worked shall be made at the rate of double time and a half of the ordinary
prescribed rate. For the avoidance of doubt, this means ordinary time plus time and a
half.
(k) All overtime must be authorised by the relevant manager/supervisor prior to the
commencement of the overtime work.
(l) For the avoidance of doubt, overtime rates will apply where a casual Employee works in
excess of seventy-six (76) hours per fortnight for either Works and Services or Children’s
Services or more than seventy-five (75) hours per fortnight for all other Departments.
(m) For the avoidance of doubt, if an employee is called out to work overtime directly before
the employee’s usual start time, the overtime payment will only be for the hours worked
prior to that usual start time.
(n) In the first instance, the suitably qualified Call Out roster employees should be contacted
for all unplanned work outside of ordinary hours.
6.5 SPREAD OF HOURS
6.5.1 ALL DEPARTMENTS OTHER THAN BUSINESS UNITS THAT OPERATE SEVEN DAYS PER
WEEK.
(a) The ordinary hours of work are Monday to Friday, 6:00am and 8:00pm.
(b) Notwithstanding clause 6.5.1 (a), an Employee may be requested to work on a Saturday
or Sunday if:
(i) It is necessary for operational requirements; or
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