In addition to the following FAQs provided by NSW Industrial Relations, also see our general information page on NSW Local Government industrial relations.
The Award provides for 35 or 38 ordinary hours of work per week, depending on the employees’ job classification, job function and location. Ordinary hours of work can be performed on any day of the week from Monday to Sunday. There are some job functions where the ordinary hours of work are worked between Monday and Friday. Please refer to Award Clause 20, Hours of Work for more information.
Yes, employees working ordinary hours on a Saturday receive a 25% penalty and, on Sunday, receive a 50% penalty. This is in addition to the ordinary rate of pay for the job classification. There are some exceptions where the employee will receive a 50% penalty for ordinary hours worked on a Saturday and a 100% penalty for ordinary hours worked on a Sunday. Please refer to Clause 20, Hours of Work B. Saturday and Sunday Work for further information.
Generally ordinary hours worked outside the span of 6:00am to 6:00pm Monday to Friday shall attract a 20% shift penalty. Additional penalty rates may apply for employees working in specific job roles prior to 1 July 2020. Please refer to Clause 20 Hours of Work C. Shift Work for further information.
If an employee is directed to work outside the agreed ordinary hours, overtime is to be paid. Generally, overtime is paid at time and a half for the first two hours and double time thereafter. Please refer to Clause 21. Overtime for further information.
If directed to work overtime on a Saturday, this is paid at time and a half for the first two hours and double time thereafter. Any overtime worked on a Saturday after 12 noon will be paid at double time (at an ordinary rate).
If directed to work overtime on a Sunday, all hours worked are paid at double time. Please refer to Clause 21. Overtime for further information.
Yes, if agreed between the parties, overtime can be taken as time in lieu instead of paid overtime. Note: The time off will be for the hours worked. Example 2 hours overtime equals 2 hours’ off. Please refer to Clause 21. Overtime for further information.
The Public Holidays Act 2010 provides the following public holidays in NSW: New Years' Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Kings Birthday, Labour Day, Christmas Day, Boxing Day. In addition, local public holidays can be approved within local government areas. Please refer to Clause 22. Holidays for further information.
An employee required to work on a gazetted public holiday will be entitled to double and a half time inclusive of ordinary payment for the day. Please refer to Clause 22. Holidays for further information.
If a gazetted public holiday falls on an employee's ordinary working day (other than a casual), the employee will not suffer a reduction in ordinary pay. Please refer to Clause 22. Holidays for further information.
Yes, Aboriginal and Torres Strait Islander employees are entitled to one public holiday during NAIDOC week. Employees are required to provide 7 days' notice of their intention to take this public holiday. Please refer to Award Clause 22. Holidays for further information.
When an employee is required to start and or finish work at a location away from the employee's normal place of work and the distance travelled is greater than the distance usually travelled by the employee between their place of residence and normal place of work, the employee shall be paid a travel allowance. Please refer to Award Clause 17. Allowances, Additional Payments and Expenses for further information.
Yes, if an employee holds an appropriate first aid qualification, and is appointed by the employer to perform first aid duties and is in charge of a first aid kit, the employee is entitled to be paid a First Aid Work Allowance in addition to their weekly rate.
If an employee’s position requires that they perform first aid, for example a lifeguard, they do not receive the First Aid Work Allowance.
Employees working from home will receive the allowance on a pro-rata basis. Please refer to A Clause 17. Allowances, Additional Payments and Expenses (xiii) First Aid in the Workplace for further information.
Yes, employees using a community language skill as part of their duties or providing signing services to their community are entitled to be paid an allowance in addition to their rate of pay. The allowance may be paid on a regular or irregular basis, according to when the skills are used. Please refer to Clause 17. Allowances, Additional Payments and Expenses, (xii) Community Language, and Signing Work for further information.
