PDF Copy Proposed Crown Employees (Ministerial Drivers) Award
The Public Service Association has been representing our members to create an award for Ministerial Drivers to replace the existing determinations. An award is preferable to a determination, as it prevents the Department from changing your conditions at its discretion.
At this stage, we have been involved in conciliation and negotiation with the Department in the hopes of creating the award with the minimum of time and disruption for our membership. Despite this, the process has taken a while due to a number of points that needed to be resolved.
We have now reached a point where the Department has provided a draft award, which they say reflects their final position. We attach that award for your consideration.
We ask you to review the award in its entirety but we direct you to a number of important points that you need to consider:
Metropolitan Sydney (cl 2) – In the award, ‘Metropolitan Sydney’ is defined as a 75km radius from 52 Martin Place Sydney. This definition is relevant to the payment of a Lunch Allowance under clause 12.4 and has been the subject of extensive discussion, with various definitions being debated. It was the PSA’s position that a 50km radius (as provided in cl 29.1.3 of the Public Service Conditions of Employment Award) from 52 Martin Place Sydney was preferable to three defined points on a map forming a triangle as proposed by the Department. The Department has indicated they agree to a radius but will not consider less than a 75km radius.
Breakfast Meal Allowance will be paid to employees who are directed to commence work prior before 6.00am and Dinner Meal Allowance will be paid to employees who are directed to finish work after 7.00pm. This has two elements that need to be considered:
- Employees who commence work at precisely 6am or cease work at 7pm are not entitled to a breakfast or dinner allowance. The employee must commence work prior to 6am or cease work after 7pm to be eligible.
- The use of the word “directed” can be interpreted to require a direction from management.
A Supper Allowance will not be paid.
The construction of clause 12 does not require receipts to be provided.
The Clothing Allowance including the cash amount of that allowance, has been agreed to be included in the Award. The payment will be two equal six monthly instalments of $450 net to be paid a year.
The Public Service Association will shortly provide our affected members a link to vote on this proposed Award. Only PSA Members get to have a vote in this process. If the vote passes, a consent Award will be created, if the vote fails, the matter is likely to proceed to arbitration in the Industrial Relations Commission.
At arbitration, the assigned Commissioner will make an award following the submissions and evidence of the parties, the negotiations up to this point have been on a without prejudice basis and will not be admissible. Arbitration will extend the timeframe for the making of an award and it is impossible to say with certainty what conditions the Commission will place in the final award. However, it would be an opportunity to present the matter to an impartial decision maker.
We have just been advised that for the purpose of calculating a breakfast or dinner allowance, the Department will only recognise the time of pick up or drop off as your start or end of shift. The one exception to this is when a pick up or drop off is outside of a 75km radius of 52 Martin Place. We are aware that this is contrary to long held custom and practice for Ministerial Drivers and will be seeking feedback from our members on how to proceed.
Should you wish to discuss this matter, we encourage you to contact your PSA Delegates.
Your PSA Delegates are:
Glenn Smith
Floyd Swindley
Grahame Brown