MA000112 - Variation - 15 Sep 2014

MA000112 PR555189

The attached document replaces the document previously issued with the above code on 15 September 2014.

Clause B has been inserted to include the date the variation takes effect.

Sarah Lis

Associate to Vice President Watson

Dated 16 September 2014

MA000112 PR555189
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.158 - Application to vary or revoke a modern award

Break O'Day Council;Brighton Council;Burnie City Council;Central Coast Council;Central Highlands Council;Circular Head Council;Derwent Valley Council;Devonport City Council;Dorset Council;Flinders Council;George Town Council;Glamorgan Spring Bay Council;Huon Valley Council;Kentish Council;Kingborough Council;King Island Council;Latrobe Council;Meander Valley Council;Northern Midlands Council;Sorell Council;Southern Midlands Council;Tasman Council;Waratah-Wynyard Council;West Coast Council;West Tamar Council
(AM2013/23)

LOCAL GOVERNMENT INDUSTRY AWARD 2010
(ODN AM2008/89)  [MA000112]

Tasmania

VICE PRESIDENT WATSON
DEPUTY PRESIDENT SMITH
COMMISSIONER LEE

MELBOURNE,15 SEPTEMBER 2014

Application by Break O’Day Councils and Others - Local Government Industry Award 2010 - Variation to insert classification of General Manager.

    A. The Local Government Industry Award 2010 is varied as follows:

    [1] By inserting the following:

Schedule G –Municipal Managers (Tasmanian only)

G.1 Application

G.1.1 Despite clause 4.3(a) of this award,this Schedule G applies to employees that,but for the termination of the Municipal Managers (Tasmania) Award 2003 pursuant to Order PR555190,would have been covered by that Award.

G.1.2 The following clauses of this award do not apply to employees under this Schedule G:

    (a) Clause 14 –Remuneration;

    (b) Clause 21 –Ordinary hours of work and rostering;

    (c) Clause 23 –Penalty rates;

    (d) Clause 24 –Overtime

G.1.3 This Schedule G ceases to operate on 31 December 2014.

G.2 Hours of Work

G.2.1 For the purpose of the NES,ordinary hours of work under this award are an average of 38 per week.

G.2.2 An employer may require a Municipal Manager to work reasonable overtime at overtime rates.

G.3 Salaries

G.3.1 Municipal Managers will be paid the minimum annual salary applicable to the employee’s classifications:

Classification

$Annual Salary

Municipal Manager

85,000.00

G.3.2 An employer and Municipal Manager may agree on additional compensation for:

    (a) all reasonable overtime under clause G.3.2;and/or

    (b) allowances under clause 15;and/or

    (c) annual leave loading under clause 25.4.

G.3.3 The annual salary must be no less than the amount the Municipal Manager would have received under this Award for the work performed over the year for which the salary is paid (or if the employment ceases earlier over such lesser period as has been worked).

G.3.4 For the purposes of the NES,the base rate of pay of a Municipal Manager receiving an annual salary under this clause comprises the portion of annual salary equivalent to the relevant rate of pay in clause 14 and excludes any incentive-based payments,bonuses,loadings,monetary allowances,overtime and penalties.

G.3.5 An annual salary agreement must:

    (a) be in writing and signed by both parties;

    (b) state the date on which the arrangement commences;

    (c) be provided to the Municipal Manager;

    (d) contain a provision that the Municipal Manager will receive no less under the arrangement than the Municipal Manager would have been entitled to if all award obligations had been met,taking account of the value of the provision of matters not comprehended by the award such as private use of an employer provided motor vehicle.

G.3.6 An annual salary agreement may be terminated at any time,by written agreement between the employer and the employee.

    B. This variation takes effect from 15 September 2014.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A>

About this document
(1)
Code:
PR555189V
Title:
MA000112 - Variation - 15 Sep 2014
Effective:
15 Sep 2014
Updated:
16 Sep 2014
(0)
MA000112 - Variation - 15 Sep 2014
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