Your USU Negotiating Team which was made up of your elected workplace delegates and officials from the Union has concluded negotiations with Council for a new Council Agreement covering your terms and conditions of employment for the next 3 years.

Council has put an offer forward that we feel required to take to USU members for a vote.

The offer that has been put forward by Council incorporates some of the positions advanced by the USU Negotiating Team, most of which came from feedback from your surveys. Although not all of the Union claims have been accepted, your USU Negotiating Team worked hard to get the best deal available.

Council’s offer includes some significant improvements in salary for some members, as well as added job protections, increases to different types of parental leave, and standardising of beneficial work arrangements like Christmas Grant Days for former Rockdale staff and fortnightly flex/RDO arrangements for former Botany Staff. However, the offer also ends some historical work practices of the two former Councils including things like allowances and additional sick leave.

It will be up to each individual member to decide whether this Agreement is in their best interests.

What Next?
1. We have outlined an explanation of the offer and its effect below.

2. You can DOWNLOAD a shorter document setting out Council’s offer here.  

3. We will also be loading the draft Agreement (once finalised) and any accompanying policies here. These documents will be available at the workplace and will be loaded on this page.

DOWNLOAD Bayside Employment Protections MOU – Draft here

DOWNLOAD Bayside Council – Hours of Work Policy – DRAFT here

DOWNLOAD Bayside Council – Leave Policy – DRAFT here 

DOWNLOAD Bayside Council Council Agreement – DRAFT here 

4. Please read the Agreement, policies, and the summary document carefully so you understand the terms of the offer.

5. The Union has held small group meetings of members to talk through the changes, allowing members to ask questions.


The USU will be conducting mass meetings for all USU members to either accept or reject the Enterprise Agreement next Wednesday 27 June 2018 at the below location and times:

All votes will be recorded by the member being physically present at these sessions (Voting will last no longer than 15 minutes):

1) Bexley Depot – 7am
2) Botany Depot – 8am
3) Mascot Depot – 9am
4) East Gardens Library – 10am
5) Rockdale Building & Library – 11am
6) Mascot and Hillsdale Childcare – midday
7) Community Services – 1pm

Remember only Union members are entitled to vote on the agreement. Join now and have your say!

Council’s Offer

Union Comments

The Offer ends the Rockdale City Council Agreement for Emergency On Call Arrangements

This is a historical arrangement applying to a small number of former Rockdale Employees regarding the on-call entitlements.

Council is looking to revert to the Award provisions relating to on-call, which should mean on-call opportunities are distributed more evenly amongst relevant staff.

The offer ends the New Years Fireworks Spectacular Event “NYEFS Commitment Payment” MOU

Most aspects of the NYE Fireworks arrangement would now appear in Council’s proposed agreement, including:

·       The receipt of a $200 payment for working a minimum of 8 hours between 6pm on 31 Dec and 1pm on 1 January.

Please note there are conditions applying to this payment and we recommend you read clause 21 of the proposed Agreement.

The offer ends the Saturday Trading Conditions of Employment

This was an arrangement which saw some part time staff in community services receive a ‘meal allowance’ even when not working overtime hours.

Council is looking to revert to the Award provisions relating to meal allowance which can be found in cl 15(xiv) of the Local Government (State) Award 2017.

The offer ends the Rangers Roster Operating Instructions.

Councils wishes to standardise Ranger working conditions between East and West.

All Rangers will receive a 20% allowance on top of their base pay in lieu of applicable penalties, and will work initially on the Bayside West roster.

The offer ends the City of Botany Bay Council Waste Services Enterprise Agreement 2009

This was an Agreement which has expired and could be rescinded at 3 months’ notice by the Council.

At this stage Council are not looking to change the conditions of the waste staff, but have a desire to review these working arrangements and continue discussions with the Union.

We recommend you read clause 39 of the proposed Agreement.

The offer ends the Outdoor Staff – Payment of Sick Leave Bonus

This was an arrangement which applied to outdoor workers’ at the former Rockdale Council, and would entitle staff to a $300 payment if they obtained a medical certificate for all instances of sick leave.

This arrangement would cease under the proposed Agreement.

The offer ends the Parks & Gardens 4 Day Week Proposal within 3 months of the proposed Agreement coming into place.

Some staff of the former Botany Council working in Parks and Gardens worked under a long-standing “trial” arrangement of a 4 day working week.

Council is looking to end this arrangement and have these staff work standardised outdoor hours under a 9 day working fortnight.

All staff are transitioned onto the Bayside Salary System which reflects the former Rockdale Salary System.

Based on current calculations, approximately 180 USU members will receive pay increases associated with this new salary system, even after factoring in the loss of some historic allowances.

Some staff will be Current Occupant Only

Some staff would actually experience a reduction in pay if they were placed on the correct grade under the new Salary System.

For those staff, they will have the existing salary maintained and exist as a “Current Occupant Only” in that position. These staff may experience a slight reduction in take-home pay associated with the rescinding of some historical allowances such as the industry allowance or the bank allowance, however this change is not a result of the new Salary System.

Based on our current information approximately 50 USU members would be Current Occupant Only in the new salary system.

Absorption of market, retention, and overtime allowance

Where an employee received a market, retention allowance, or overtime allowance, that allowance will be absorbed (in whole or in part) by any increases that flow to the employee due to the new salary system

Position Grading Review where there are genuine reasons for the review

We not significant concern from members about the grading system implemented by Council. It is important to remember that a grade applies to the requirements of the position itself and not the skill and work ethic of the staff in the position. Some employees may go over and above their requirements, which could mean the employee is entitled to high-duties allowance, a promotion, or an incentive bonus. It does not necessarily mean that the position should be graded higher.

Nevertheless, should a staff member have a genuine reason to seek a review of their positions grade, a review can be requested and will be guided by the Grievance and Dispute proceedings in the State Award.

Onsite lunchbreaks for outdoor staff provided there are adequate available onsite facilities such as hot and cold water, seating, microwave, hand washing facilities, refrigeration and boiling water, and toilet facilities

The Union understands the Council has undertaken a review of the current onsite facilities, with a view to bringing them up to the appropriate standard.

Union delegates will be involved in any ongoing concerns about the quality of the facilities to ensure that they meet the required work health and safety standards.

Standardised start time of 6:30am for most outdoor staff, with some other start times for operational reasons.


Mechanics will start either at 6:30am or 7:30am

This sought to draw a middle ground for the standardised outdoor start times for the former Rockdale and former Botany staff.

Council will provide all relevant employees with ‘tools of the trade’  and will end the payment of the tool allowance

There are two ways that a councils can provide tools for staff undertaking work:

·       Provide the tools;

·       Pay an allowance for the employees to provide tools.

Some former Botany mechanics were required to provide their own tools and were in receipt of an allowance, but Council now wishes to provide tools and stop paying the allowance in accordance with the Award

Council wishes to revert to the Award payment of Level 1 and Level 2 Adverse Working conditions allowance.


This would mean some former Botany Parks and Gardens staff members will stop receiving what they know as ‘disability 2’ and receive ‘disability 1’ instead

The State Award sets out certain conditions for the payment of Level 1 and Level 2 adverse working conditions allowance.

There was a historical practice at the former Botany that some staff in Parks and Gardens who under the Award would not ordinarily be entitled to the Level 2 allowance were receiving it anyway. This allowance was applied inconsistently across the former Botany. These staff will now receive Level 1 in accordance with the Award.

The effects approximately 31 members from the former Botany Parks and Gardens section and 2 members from the former Botany City Works team.

The payment of the Industry Allowance would end

This was a historical allowance paid to some former Botany employees and ranged from $520 per year to $124 per year.

Approximately 73 USU members are currently in receipt of the Industry Allowance and 12 USU members receives salary increases from the new salary system which are great than the loss of the Allowance.

The payment of the Bank Allowance would end

This was a historical allowance which was worth $26 per year to some former Rockdale staff and $52 a year to some former Botany Staff.

Staff will receive an upfront $150 payment upon execution of the Agreement which, in part, operates as a buy out for the bank allowance.

For former Rockdale staff this buy out represents nearly 6 years of the bank allowance and for former Botany staff nearly 3 years of the bank allowance 

The offer proposes to transition staff to the Bayside Leaseback Scheme.


For staff currently operating under the former Botany Scheme with a vehicle less than 2 years old they will have a 12 period before they are required to transition to the new scheme, and for staff under the former Botany Scheme with a vehicle older than 2 years will have a 6 month period before they are required to transition to the new scheme.

The new Bayside Leaseback Scheme generally provides a better choice of vehicles, but these vehicles are typically priced at a higher cost.


We understand that there are approximately 5 USU members who are currently on the former Botany scheme.

Ending the 20 days sick leave for former Botany staff

Former Botany Staff were entitled to accrue 20 days of sick leave each year while Rockdale staff were entitled to accrue 15 days in line with the Award.

Council are looking to bring the entitlement in line with the Award.

All full-time library employees (below coordinator) to work 1 in 4 Saturdays, with these Saturday hours accruing as flexi-time until Midday Saturday and overtime payment thereafter.


Formal restriction on non-union members receiving a paid day off on Union picnic day.


The offer proposes to end the arrangement where some childcare staff were paid an allowance to remain onsite during a paid lunch break

Due to changes to the way ratios are calculated for childcare, it no longer matters is someone remains onsite, but not “on the floor” during their lunchbreak.

Accordingly Council are seeking to revert to Award requirements where employees receive an unpaid meal break of at least 30mins after 5 hours and a further paid meal break no more than 20 minutes after a further 5 hours.

Children’s Services Employees to work under a 28 day flex scheme, eligible to accrue one flex day per four weeks.


These staff will also receive 3 additional days of leave which must be used in a 12 month period and is not payable in the event of termination.


Library employees to work a 1 in 3 flex system, eligible to accrue one day per 3 weeks


Council will end the reimbursement of internet expenses, and all relevant staff will be provided with access and applicable technology


Employees to be paid weekly for the life of the Agreement

Council were very interested in shifting the organisation to fortnightly pay cycles.

The USU Negotiating Team have managed to maintain the weekly pay cycle for the life of this Agreement.

We suspect, much like other Councils, that Bayside will won’t to explore a fortnightly pay cycle after this 3 year agreement expires.

Employees required to use their own mobile for work purposes will receive an allowance of $40 per month.

There were historical arrangements where staff received a range of different phone allowances ($20-$50 approx.)

This standardised allowance will not negatively affect any USU members, as no USU member that we are aware received a historical allowance greater than $40.

However council have expressed a strong preference to have people receiving the allowance moved to a council mobile phone and stop the payment of this allowance in most instances.

Payment of a commencement bonus of $150

As discussed above, Council are proposing to pay a $150 commencement bonus which, in part, is a buy out of the bank allowance.

Payment of a $250 excess leave reduction bonus is the entire Council’s excess leave is reduced by 20% during the 2018/19 Financial Year

Excess leave is Annual Leave in excess of 8 weeks and Long Service Leave which has accrued but not been taken within 5 years.

For example, after 5 years’ service you are entitled to 6.5 weeks LSL. If you use none of that LSL after 10 years’ service, that initial 6.5 weeks is excess leave. The only example were this isn’t the case is the preserved LSL for former Rockdale Staff which had accrued up to 1 January 2014.

The Award provides Council with fairly broad powers to direct staff to take excess leave and Council have expressed an intention to start exercising those powers.

If the excess leave of the entire Council is reduced by 20% all permanent employees as at the commencement of the agreement will be entitled to a $250 payment.

Please note that this is an organisational and not an individual bonus. If you reduce you leave by 20% or more, but the Council’s organisational excess leave is not reduced by 20% then no bonus is payable.

Manager’s leave of 10 day per year in lieu of participating in flex arrangement

This leave must be used in a 12month period and does not accrue

All Council employees (excluding childcare and libraries) will be entitled to a fortnightly RDO or Fortnightly flex arrangement

Childcare and libraries have different arrangements as discuss above.

These RDO and flex arrangements are governed by the Hours of Work Policy of the Council.

All staff entitled to 3 additional leave days between Christmas and New Years


This was a long-standing practice at the former Botany Council and were called the “Christmas Specials” and will now be available to all staff.

Additional Parental based Leave, including:

·       4 extra weeks parental leave

·       4 extra weeks concurrent parental leave

·       9 or 4 extra weeks (depending on age of child) adoption leave

These were some of the USU Negotiating Team claims that were accepted by Council, and provide more significant leave entitlements to care givers in certain circumstances

Annual leave purchase system of 1 additional week per year


No questions asked health and well being leave

Under the State Award Council may grant an employee 2 days per year from their sick leave to undertake health and well-being activities.

Council are proposing to provide this leave without asking any questions regarding what you are using the leave for provided that it is to participate in a health and/or wellbeing activity.

If implemented this would make Bayside Council one of the most forward-thinking Councils in NSW when it comes to health and well-being leave.

10 Days Paid Family and Domestic Violence Leave

This was one of the USU Negotiating Teams claims, and came on the back of a lengthy local campaign in support of this entitlement.

Domestic Violence is an important community, social, and workplace issue, and this type of leave can go some way to mitigating some of the negative effects experience by those involve in violence family or domestic situations.

A commitment to a future discussion around the use of contract labour at Council

The USU is concerned with the prevalence of contract labour across the entire LG industry.

Bayside Council will be required to have a discussion about this matter with the Union during the life of the Agreement.

Additional training hours for Band 3 and Band 4 level staff

The Award provides a minimum of 10 hours CPD per annum for Bands 3 and 4 level staff.

This proposed agreement would increase that entitlement to 14 hours per annum.

Access to “no extra cost” novated leave arrangements

During the life of the agreement Council will explore novated leases as an alternative vehicle arrangement for some staff, provided that staff bear any additional cost for the novated lease (excluding administration costs).

Novated leases cannot be a job requirement of a particular role, consistent with the State Award

Union Delegates Rights Clause

This clause will provide delegates with additional rights to consult with and represent USU members.

Delegates will also be able to speak to new employees during the course of Council inductions.

Commitment to employ a minimum of 5 trainees, apprentices, or graduates across the organisation



MOU on the 5 year employment protections

The Council and the Union will enter into a MOU, which is a documented understanding between the parties, that all staff effected by the amalgamation will not be made forcible redundant for a period of 5 years after the merger.

This is an additional 2 years of job protection, over and above what is provided for in the Act.

Staff at the Former Botany were already covered by such an arrangement, and this is now being extended to former Rockdale Staff.

MOU on the use of technology

The Council and the Union will enter into an MOU, which is a documented understanding between the parties, on the use of technology at the Council.

Please note that the Council and the Union have yet to formally commence discussions on this matter.