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Order No. 2 of 2014

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Order No. 2 of 2014 TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 s23 application for award or variation of award Tasmanian Trades and Labor Council (T14223 of 2014) TASMANIAN STATE SERVICE AWARD PRESIDENT TJ ABEY DEPUTY PRESIDENT NM WELLS COMMISSIONER T LEE Wage Rates - Tasmanian Minimum Wage rate determined at $640.90 per week - s47AB – work related allowances increased by 3.0% - supported wage varied - operative date first full pay period to commence on or after 1 August 2014 ORDER BY CONSENT - No. 2 of 2014 (Consolidated) THE FOLLOWING CLAUSES ARE VARIED AND THE AWARD IS CONSOLIDATED: CLAUSE 4 DATE OF OPERATION AND CLAUSE 6 SUPERSESSION IN PART I – APPLICATION AND OPERATION OF AWARD; CLAUSE 8 SUPPORTED WAGE SYSTEM FOR PERSONS WITH DISABILITIES AND CLAUSE 13 TASMANIAN MINIMUM WAGE IN PART II – SALARIES AND RELATED MATTERS; CLAUSE 5 FIRST AID CERTIFICATE ALLOWANCE, CLAUSE 6 TESTING AND TAGGING ALLOWANCE, AND CLAUSE 7 COXWAIN’S CERTIFICATE ALLOWANCE; CLAUSE 8 DIVING ALLOWANCE AND CLAUSE 10 TASMANIAN PRISON SERVICE – SPECIAL ALLOWANCES IN PART IV – EXPENSE AND OTHER ALLOWANCES; CLAUSE 5 AVAILABILITY AND RECALL IN PART VI – HOURS OF WORK AND OVERTIME FOR DAY WORK AND CLAUSE 1 TOILETING ALLOWANCE IN APPENDIX 16 – TEACHER ASSISTANTS, VET STUDENT ASSISTANTS AND PARTICIPATION ASSISTANTS – DEPARTMENT OF EDUCATION. S085 1 PART I – APPLICATION AND OPERATION OF THE AWARD 1. TITLE This award is to be known as the "Tasmanian State Service Award". 2. SCOPE This award is to apply to all persons employed under the State Service Act 2000 and for whom a classification is contained in this award, except for employees for whom a classification is contained in another award of the Tasmanian Industrial Commission 3. INDEX 1. TITLE 2 2. SCOPE 2 3. INDEX 2 4. DATE OF OPERATION 8 5. AWARD INTEREST 8 6. SUPERSESSION 8 7. DEFINITIONS 8 8. EMPLOYMENT CATEGORIES 9 9. CONTRACT OF EMPLOYMENT 9 10. ABANDONMENT OF EMPLOYMENT 10 11. WORK, HEALTH AND SAFETY 11 PART II – SALARIES AND RELATED MATTERS 12 1. CALCULATION FOR THE PAYMENT OF SALARY 12 (a) Calculation of Fortnightly Salary 12 (b) Calculation of Hourly Rate for Part-time Employees 12 2. PAYMENT OF SALARY 13 3. SALARIES 15 (a) Salaries for the General Stream 15 (b) Salaries for the Professional Stream 18 4. SUPERANNUATION 19 5. SALARY PROGRESSION, ADVANCEMENT ASSESSMENT AND PERFORMANCE MANAGEMENT 20 6. GRADUATES, CADETS, APPRENTICES AND TRAINEES 21 (a) Salaries for Certificate II, III & IV – Administrative Trainees 22 (b) Salaries for Certificate III – Apprenticeship – Tradesperson 22 (c) Salaries for Certificate IV – Apprenticeship – Special Class Tradesperson 23 (d) Salaries for Diploma – Apprenticeship – Advanced Tradesperson, Diploma for Technical Trainee: 24 (e) Salaries for Advanced Diploma – Technical Trainee 24 (f) Minimum Adult Wage Rates – Adult Apprenticeships 25 (g) Salaries for School Based Apprenticeships 25 (h) Salaries for Cadets – Bachelor Degree 26 S085 2 (i) Salaries for Graduate Development Program – Bachelor Degree 27 7. TERMS OF APPRENTICESHIPS/TRAINEESHIPS 27 (a) Competency Based Training 27 (b) Terms of Trades Apprenticeship/Traineeship 28 8. SUPPORTED WAGE SYSTEM FOR PERSONS WITH DISABILITIES 29 (a) Eligibility Criteria 30 (b) Supported Wage Rates 30 (c) Assessment of Capacity 30 (d) Lodgement of SWS Wage Assessment Agreement 31 (e) Review of Assessment 31 (f) Other Terms and Conditions of Employment 31 (g) Workplace Adjustment 31 (h) Trial Period 31 9. SALARY SACRIFICE BY EMPLOYEES 32 (a) Superannuation 32 (b) Other Benefits 32 10. MARKET ALLOWANCE 33 11. HIGHER DUTIES ALLOWANCE 33 12. MORE RESPONSIBILITY DUTIES ALLOWANCE 34 13. TASMANIAN MINIMUM WAGE 35 PART III – CLASSIFICATION AND RELATED MATTERS 36 1. CLASSIFICATION DESCRIPTORS 36 (a) Introduction 36 (b) Qualifications and Essential Requirements 36 (c) Features 37 2. REFERENCE FRAMEWORK 39 (a) Task 39 (b) Discipline 39 (c) Field 39 (d) Activities 39 (e) Program 39 (f) Function 39 (g) Policy 39 (h) Strategy 39 3. SUMMARY OF DIFFERENCES BETWEEN GENERAL STREAM BANDS 40 (a) Band 1 40 (b) Difference Between Band 1 and Band 2 40 (c) Difference Between Band 2 and Band 3 40 (d) Difference Between Band 3 and Band 4 40 (e) Difference Between Band 4 and Band 5 40 (f) Difference Between Band 5 and Band 6 40 (g) Difference Between Band 6 and Band 7 40 (h) Difference Between Band 7 and Band 8 41 (i) Difference Between Band 8 and Band 9 41 (j) Difference Between Band 9 and Band 10 41 4. GENERAL STREAM BAND DESCRIPTORS 41 Band 1 41 Band 2 43 Band 3 45 S085 3 Band 4 47 Band 5 49 Band 6 51 Band 7 53 Band 8 57 Band 9 60 Band 10 63 5. SUMMARY OF DIFFERENCES BETWEEN PROFESSIONAL STREAM BANDS 65 (a) Band 1 65 (b) Difference Between Band 1 and Band 2 66 (c) Difference Between Band 2 and Band 3 66 (d) Difference Between Band 3 and Band 4 66 (e) Difference Between Band 4 and Band 5 66 (f) Difference Between Band 5 and Band 6 66 6. PROFESSIONAL STREAM BAND DESCRIPTORS 67 Professional Band 1 67 Professional Band 2 70 Professional Band 3 73 Professional Band 4 76 Professional Band 5 80 Professional Band 6 83 PART IV – EXPENSE AND OTHER ALLOWANCES 87 1. DISTRICT ALLOWANCES 87 (a) District 87 (b) Air Fares from Bass Strait Islands 88 2. MEAL ALLOWANCES 89 (a) Meal Allowance – Overtime 89 (b) Meal Allowance – Day Travel 90 (c) Meal Allowance – Excess Rates 90 (d) Meal Allowance – Rates 91 3. TRAVEL ALLOWANCES 91 (a) Travelling 91 (b) Camping Allowance 94 (c) Excess Fares 94 (d) Private Vehicle Use 95 4. SPECIAL ACCOMMODATION RATE ON TRANSFER 98 5. FIRST AID CERTIFICATE ALLOWANCE 98 6. TESTING AND TAGGING ALLOWANCE 99 7. COXSWAIN'S CERTIFICATE ALLOWANCE 99 8. DIVING ALLOWANCES 99 (a) Diving 99 (b) Diving Operations Supervision 99 9. CORRECTIONAL FACILITY ALLOWANCE 99 10. TASMANIA PRISON SERVICE – SPECIAL ALLOWANCES 100 PART V – WORKPLACE FLEXIBILITY 102 1. WORKLOAD MANAGEMENT 102 2. WORK-LIFE BALANCE 102 3. WORKPLACE FLEXIBILITY ARRANGEMENTS 103 PART VI – HOURS OF WORK AND OVERTIME FOR DAY WORK 106 S085 4 1. ORDINARY HOURS OF WORK FOR DAY WORK 106 2. FLEXITIME FOR DAY WORK 106 3. OVERTIME FOR DAY WORK 107 4 TIME OFF IN LIEU OF PAYMENT FOR OVERTIME 109 5. AVAILABILITY AND RECALL 110 PART VII – SPECIAL PROVISIONS FOR SHIFT WORK 112 1. SATURDAY, SUNDAY AND HOLIDAY WORK 112 (a) Saturday Work 112 (b) Sunday and Holiday Work 112 2. AFTERNOON, NIGHT SHIFT PENALTY 113 3. OVERTIME FOR SHIFT WORK 113 4. AVAILABILITY AND RECALL 113 PART VIII – LEAVE AND HOLIDAYS WITH PAY 114 1. HOLIDAYS WITH PAY 114 2. PARENTAL LEAVE 114 (a) Definitions 114 (b) Entitlement 116 (c) Maternity Leave 117 (d) Special Maternity Leave 118 (e) Paternity Leave 119 (f) Adoption Leave 119 (g) Variation of Period of Parental Leave 120 (h) Parental Leave and Other Entitlements 120 (i) Transfer to a Safe Job 121 (j) Returning to Work After a Period of Parental Leave 122 (k) Right to Request 122 (l) Replacement Employees 123 (m) Communication During Parental Leave 123 3. PERSONAL LEAVE 124 (a) Definitions 124 (b) Amount of Personal Leave 125 (c) Calculation of Personal Leave Year 126 (d) Personal Leave Triennium Entitlement for Permanent Employees 126 (e) Personal Leave Entitlement for Fixed Term Employees 127 (f) Change from Fixed Term Employment to Permanent Employment Status 128 (g) The Effect of Workers Compensation 128 (h) Personal Leave for Personal Injury or Sickness 128 (i) Personal Leave to Care for an Immediate Family or Household Member 128 (j) Sole Person Accessing Leave 129 (k) Employee Must Give Notice 129 (l) Evidence Supporting Claim 130 (m) Verification of Personal Leave 131 (n) Unpaid Personal Leave 132 (o) Casual Employees 132 4. BEREAVEMENT LEAVE 132 (a) Bereavement leave 132 (b) Application 133 (c) Definitions 133 (d) Paid Leave Entitlement 133 S085 5 (e) Relationship to Other Paid Leave 134 (f) Evidence Requirements 134 (g) Unpaid Bereavement Leave 134 (h) Relief Employees 134 5. RECREATION LEAVE 134 (a) Entitlement to Recreation Leave 134 (b) Payment for the Period of Recreation Leave 135 (c) Calculation of Continuous Service for the Accrual of Recreation Leave 135 (d) Maximum Accrual of Recreation Leave 136 (e) Employer is to Enable Recreation Leave to be Taken 136 (f) Personal Leave Requirements During Recreation Leave 136 (g) Allowance in Lieu of Recreation Leave on Termination 137 (h) Recreation Leave in Advance of Accrual 137 (i) Time of Taking Recreation Leave 137 (j) Recreation Leave in One or More Periods 137 (k) Payment in Lieu Prohibited 137 (l) Loading in Lieu of Paid Leave 138 (m) Cancellation of Approved Recreation Leave by the Employer 138 (n) Re-call to Work during a Period of Approved Recreation Leave 138 6. STATE SERVICE ACCUMULATED LEAVE SCHEME 138 (a) Summary of Scheme 138 (b) Interpretation 139 (c) Plans 139 (d) Application of SSALS 140 (e) How to Participate in SSALS 141 (f) Conditions and Administrative Arrangements 141 7. JURY SERVICE 145 8. PURCHASED LEAVE SCHEME (PLS) 145 Purchased Leave Scheme (PLS) Implementation 146 9. DEFENCE FORCE LEAVE 146 PART IX – UNIFORMS, PROTECTIVE CLOTHING AND EQUIPMENT 149 1. UNIFORMS 149 2. PROTECTIVE CLOTHING, EQUIPMENT, TOOLS AND PERSONAL EFFECTS 149 PART X – AWARD COMPLIANCE AND UNION MATTERS 150 1. RIGHT OF EXISTING AND NEW EMPLOYEES TO REPRESENTATION IN THE WORPLACE 150 2. WORKPLACE DELEGATES 150 3. NOTICE BOARD 152 4. RECORDS OF EMPLOYMENT 152 PART XI – CONSULTATION AND CHANGE: GRIEVANCE AND DISPUTE RESOLUTION 153 1. CONSULTATION AND CHANGE 153 2. NO DISADVANTAGE 154 3. GRIEVANCE AND DISPUTE SETTLING PROCEDURE 154 APPENDIX 1 – TRANSLATION ARRANGEMENTS 156 1. TRANSLATION OF CLASSIFICATIONS UNDER THE FOUR STREAM
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