MA000112  PR575440

The attached document replaces the document previously issued with the above code on 23 December 2016.

The omitted Members of the Full Bench in the preamble are inserted.

The reference to the decision issued in transcript on page one is inserted as a footnote.

On behalf of Vice President Catanzariti

Dated 7 March 2016

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/234)

LOCAL GOVERNMENT INDUSTRY AWARD 2010
[MA000112]

4 yearly review of modern awards – award stage – review of Local Government Industry Award 2010 – substantive issues.

A. Further to the decision issued in transcript 1 on 16 December 2015, the above award is varied as follows:

1. By deleting the words “aquatic centre or sports centre” in the definition of recreation centres appearing in clause 3.1 and inserting “aquatic centre, golf course or sports centre”.

2. By deleting “2010;” appearing in clause 4.3(d) and inserting “2010; or”.

3. By deleting clause 4.3(e).

4. By renumbering clause 4.3(f) as 4.3(e).

5. By inserting clause 9.7 as follows:

9.7 Dispute Resolution Training Leave

(a) An eligible employee shall be entitled to a maximum of five days paid leave to attend courses which are specifically directed towards effective resolution of disputes regarding industrial matters under this award and /or industrial issues which arise at the workplace. �

(b) Eligible employees are only entitled to leave in accordance with this clause for accredited courses.

(c) Such leave will be available to an individual eligible employee once only during their employment. The employer and eligible employee may reach an agreement on any requests for refresher training.

(d) For the purpose of this clause an accredited course means Dispute Resolution Training Course conducted by or on behalf of a registered training organisation whose scope of registration Includes industrial relations training.

(e) Nothing in this clause will prevent the employer and the eligible employee from reaching agreement that such training can be provided by a union or other accredited training provider(s).

(f) An eligible employee is defined as a full-time or part-time employee:

(i) who is a union delegate, who has been duly appointed by a union and the employer has been formally notified of that appointment; and

(ii) who has completed 12 months continuous service with the current employer.

(g) An eligible employee must comply with the following notice requirements:

(i) provide the employer with at least five (5) weeks prior notice in writing of their request to attend a dispute resolution training course;

(ii) outline details of the type, content, venue and duration of the course to be attended in the written notice provided in accordance with clause 9.7(g)(i).

(h) The employer will consider a request for leave in accordance with this clause having regard to:

(i) the operational requirements of the employer; and

(ii) the capacity of the employer to make adequate staffing arrangements among current employees during the proposed period of leave.

(i) An employer must not unreasonably refuse to agree to a request by the employee to take dispute resolution training leave.

(j) An employer will not be liable for any additional expenses associated with an employee's attendance at a course other than the payment of ordinary hourly ordinary time rate for such absence.

(k) An eligible employee will be required to provide the employer with proof of attendance at, and satisfactory completion of, the course to qualify for payment of leave.

(l) Leave granted pursuant to this clause counts as service for all purposes of this award.

6. By deleting clause 24.2(b) and inserting the following:

(b) Overtime worked from 12 noon on a Saturday and all day on a Sunday will be paid at the rate of double time.

B. This determination comes into operation from 23 December 2015. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 23 December 2015.

VICE PRESIDENT

 1   Transcript – 16 December 2015.

Printed by authority of the Commonwealth Government Printer

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