TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 s23 application for award or variation of award The Minister administering the State Service Act 2000 (T13947 of 2012) PORT ARTHUR AUTHORITY AWARD ACTING PRESIDENT TIM ABEY Award variation – accommodation and meals allowances – consent matter – award varied – operative date ffpp 17 August 2012 ORDER BY CONSENT - No. 3 of 2012 (Consolidated) AMEND THE PORT ARTHUR AUTHORITY AWARD BY VARYING PART V CLAUSE 2 – MEAL ALLOWANCES AND 3 – TRAVEL ALLOWANCES; AND THE AWARD IS CONSOLIDATED: S149 1 PART I – APPLICATION AND OPERATION OF THE AWARD 1. TITLE This award is to be known as the “Port Arthur Historic Site Management Authority Award”. 2. SCOPE This award is to apply to all persons employed at the Port Arthur Historic Sites under the State Service Act 2000 and for whom a classification is contained in this award. 3. INDEX SUBJECT MATTER CLAUSE NO. PAGE NO. Part I – Application and Operation of the Award Title 1 2 Scope 2 2 Index 3 2 Date of Operation 4 5 Award Interest 5 5 Supersession 6 5 Definitions 7 5 Employment Categories 8 7 Contract of Employment 9 7 Abandonment of Employment 10 8 Part II – Salaries and Related Matters Calculation for the Payment of Salary 1 9 Payment of Salary 2 9 Salaries and Loadings 3 11 Superannuation 4 17 Advancement Assessment and Salary Progression 5 17 School Students 6 19 Graduates, Cadets, Apprentices and Trainees 7 19 Terms of Apprenticeships/Traineeships 8 25 Supported Wage System for Persons with Disabilities 9 27 Salary Sacrifice by Employees 10 30 Market Allowance 11 30 Higher Duties Allowance 12 31 More Responsible Duties Allowance 13 32 Person in Charge Allowance 14 32 Tasmanian Minimum Wage 15 33 S149 2 Part III – Classification and Related Matters Classification Descriptors 1 34 Reference Framework 2 36 Summary of Differences Between General Stream Bands 3 38 General Stream Band Descriptors 4 40 Band 1 40 Band 2 41 Band 3 42 Band 4 44 Band 5 45 Band 6 47 Band 7 49 Band 8 52 Band 9 55 Band 10 57 Summary of Differences between Professional Stream Bands 5 60 Professional Stream Band Descriptors 6 61 Professional Band 1 61 Professional Band 2 63 Professional Band 3 66 Professional Band 4 69 Professional Band 5 72 Professional Band 6 75 Multi-Skilling of Employees in Tourism Operations 7 78 Department Part IV – Historic Ghost Tour Guides Conditions of Employment 1 79 Dual Role Employees 2 79 Rosters 3 79 Rates of Pay 4 80 Part V – Expense and Other Allowances Location Allowances 1 81 (a) Camp 81 (b) District 81 Meal Allowances 2 82 (a) Meal Allowance – Overtime 82 (b) Meal Allowance – Day Travel 83 (c) Meal Allowance – Excess Rates 83 (d) Meal Allowance – Rates 83 Travel Allowances 3 83 (a) Travelling 83 (b) Excess Fares 86 (c) Private Vehicle Use 87 Special Accommodation Rate on Transfer 4 89 S149 3 First Aid Certificate Allowance 5 90 Testing and Tagging Allowance 6 90 Coxswain’s Certificate Allowance 7 91 Sewage Allowance 8 91 Part VI – Workplace Flexibility Workload Management 1 92 Work-Life Balance 2 92 Workplace Flexibility Arrangements 3 93 Part VII – Hours of Work, Rostering and Overtime Ordinary Hours of Work 1 96 Rostering for Tourism Operations Department 2 97 Accrued Days Off 3 98 Meal Breaks 4 99 Flexitime 5 100 Overtime 6 100 Time Off in Lieu of Payment for Overtime 7 103 Recall to Work 8 104 Part VIII – Leave and Holidays with Pay Holidays with Pay 1 106 Parental Leave 2 106 Personal Leave 3 116 Bereavement Leave 4 121 Recreation Leave 5 122 State Service Accumulated Leave Scheme 6 125 Jury Service 7 132 Part IX – Uniforms, Protective Clothing and Equipment Uniforms 1 133 Protective Clothing and Equipment 2 133 Part X – Award Compliance and Union Matters Right of Entry for Union Officials 1 134 Workplace Delegates 2 134 Notice Board 3 136 Records of Employment 4 136 Part XI – Consultation and Change: Grievance and Dispute Resolution Consultation and Change 1 137 No Disadvantage 2 137 Grievance and Dispute Settling Procedure 3 137 S149 4 Appendix 1 – Translation Arrangements 1. Translation of Classifications Under the Port Arthur Historic Site Staff 139 Agreement (i) Translation Arrangements – Conservation & Infrastructure Stream 139 (ii) Translation Arrangements – Tourism Operations Stream 141 (iii) Translation Arrangements – Professional Stream 142 (iv) Translation Arrangements – Administration Stream 143 2. Review Process 145 4. DATE OF OPERATION This award shall come into operation from the first full pay period to commence on or after 17 August 2012. 5. AWARD INTEREST This award shall apply to, and be binding upon: (a) The employee organisation deemed to have an interest in the award pursuant to section 63(10) of the Industrial Relations Act 1984 is the Community and Public Sector Union (State Public Services Federation Tasmania) Inc. (b) The employer deemed to be an employer organisation having an interest in this award pursuant to section 62(4) of the Industrial Relations Act 1984 is the Minister administering the State Service Act 2000. 6. SUPERSESSION This award incorporates and supersedes the Port Arthur Authority Award, No 2 of 2012 (Consolidated). No entitlement accrued or obligation incurred is to be affected by the supersession. 7. DEFINITIONS In this award, unless the contrary intention appears: ‘Business Unit’ refers to a sub-section of a PAHSMA Department. ‘Casual Day Worker’ means an employee who undertakes casual employment on a Monday to Friday. If the employee is required to undertake work on a Saturday, Sunday or Holiday with Pay, the employee is entitled to the normal penalty payments as specified in this award. ‘Casual Rostered Day Worker’ is an employee who undertakes casual employment S149 5 across the seven days of the week. This is inclusive of Saturdays, Sundays and Holidays with Pay. A Casual RDW is paid the same hourly rate regardless of the day of the week on which work is undertaken. ‘Chief Executive Officer’ is the Head of Agency as stated in Part 2 of the State Service Act 2000. ‘Day Worker’ means an employee who is employed on a Monday to Friday basis. If the employee is required to undertake work on Saturdays, Sundays or Holidays with Pay, the employee is entitled to the normal overtime provisions as specified in this award. ‘Department’ refers to one of the three defined departments operating at PAHSMA – Tourism Operations; Conservation & Infrastructure and Corporate Services. ‘Dual Role Employee’ means an employee who is a Historic Ghost Tour Guide and also undertakes duties in another role. ‘Employee’ means a person employed under the provisions of the State Service Act 2000. ‘Employer’ means the Minister administering the State Service Act 2000. ‘Historic Ghost Tour Guide’ means an employee in respect of whom the provisions of Part IV apply. ‘Normal salary rate’ means an employee's normal salary exclusive of all allowances. ‘Not Available Days’ are the days that Rostered Day Workers employed in the Tourism Operations Department are able to request that they not be rostered for duty. ‘Ordinary rate of pay’ means an employee’s normal hourly rate exclusive of allowances ‘Peak Season’ is defined as the period from 1 December until 30 April of the following year. ‘Person in Charge’ is the person designated to undertake in charge duties within the various business units in Tourism Operations, when the substantive person-in-charge is not rostered for duty on the day. ‘PAHSMA’ is the Port Arthur Historic Site Management Authority. ‘Rostered Day Worker’ (RDW) is an employee who is rostered to work across the seven days of the week. This is inclusive of Saturdays, Sundays and Holidays with Pay. A RDW is paid the same hourly rate regardless of the day of the week on which work is undertaken. ‘School holiday employment’ is fixed term employment undertaken by school based students during the summer holiday period. S149 6 ‘Summer Roster’ means the period which commences on 1 October of each year and ceases on 30 April the following year. ‘Sites’ refers to the Port Arthur Historic Site and the Coal Mines Historic Site and may include other lands over which the Port Arthur Historic Site Management Authority has management responsibility. ‘Winter Roster’ means the period which commences on 1 May of each year and ceases on 30 September in that year. 8. EMPLOYMENT CATEGORIES In this award, unless the contrary intention appears: ‘Permanent full-time employee’ means a person who is appointed to work the full ordinary hours of work each week (as defined) and who is appointed as such in accordance with section 37(3)(a) of the State Service Act 2000. ‘Permanent part-time employee’ means a person who is appointed to work hours that are less in number than a full-time employee and who is appointed as such in accordance with section 37(3)(a) of the State Service Act 2000. ‘Fixed term employee’ means a person engaged on a full-time or part-time basis for a specified term or for the duration of a specified task in accordance with section 37(3)(b) of the State Service Act 2000. ‘Casual employee’ means a person engaged on an irregular basis and at short notice and where the offered engagement may be accepted or rejected on each and every occasion, thus excluding a casual employee from being placed on a regular employment roster and is paid a loading of 20% in addition to the normal salary rate in lieu of paid leave entitlements and Holidays with Pay as prescribed by Part VIII – Leave and Holidays with Pay of this award.