Schedule Schedule 1 - Government Sector Employment (Transport Service Senior Executives) Rules 2017 - Model contract of employment for Transport Service senior executives | Zoe
This contract of employment is between the Transport Executive and the Government of New South Wales.
Commencement
2.1
The employment of the Transport Executive under this contract commences on [insert date].
Definitions
3.1
In this contract:
“Employer” of the Transport Executive means the person who, in accordance with section 68C of the TA Act, exercises the employer functions of the Government of New South Wales in relation to the Transport Executive.
Terms used in this contract that are defined in the TA Act or the GSE Act have the same meanings as they have in those Acts.
Band
4.1
The Transport Executive is employed in Band [specify band].
Role
5.1
The role in the Transport Service assigned to the Transport Executive is described in Appendix A.
5.2
The Employer may vary the description of the role to which the Transport Executive is assigned at any time.
5.3
The Transport Executive acknowledges that he or she may be assigned to another role in any part of the Transport Service, or be transferred to another government sector agency and assigned to a role, in the band in which the Transport Executive is employed.
5.4
The Transport Executive must perform the duties and responsibilities of the role to which the Transport Executive is duly assigned.
Core values
6.1
The Transport Executive agrees to perform the duties and responsibilities of the assigned role in accordance with the government sector core values under section 7 of the GSE Act.
Probation period
7.1
The Transport Executive’s employment in the Transport Service is subject to a probation period in accordance with the Rules.
[OR]
The Transport Executive’s employment is not subject to a probation period.
Duration of employment
8.1
The employment of the Transport Executive under this contract is ongoing employment (that is, employment that continues until the Transport Executive resigns or the Transport Executive’s employment is terminated).
[OR]
Unless the Transport Executive sooner resigns or the Transport Executive’s employment is sooner terminated, the employment of the Transport Executive under this contract is for the period ending on [specify date] [OR] continues until the end of [specify project or task]. The employment of the Transport Executive may, however, be extended by the Employer and this contract continues to apply during that extended period.
Annual performance agreement
9.1
The Transport Executive is required to enter into an annual performance agreement with the Employer setting out the performance obligations of the Transport Executive, and reviews of performance, for the year. The performance agreement continues until a new agreement is signed.
Capability-based assessments
10.1
The Transport Executive agrees to participate in periodic capability-based assessments if directed to do so in accordance with the Rules.
10.2
The Transport Executive agrees to the use of these assessments for workforce planning purposes.
Total remuneration package and allowances
Note—
The total remuneration package is for full-time work. Under the Rules, pro-rata remuneration is payable for part-time work.
11.1
The total remuneration package (comprising monetary remuneration and employment benefits) of the Transport Executive is specified in Appendix B.
11.2
The Transport Executive may elect from time to time to allocate the total remuneration package as between monetary remuneration and employment benefits in accordance with the TA Act.
11.3
The Transport Executive is entitled to the allowances specified in Appendix B and any allowances as may be determined by the Employer under the TA Act or the GSE Act.
11.4
The Employer may, subject to the TA Act and the GSE Act, vary the total remuneration package and allowances of the Transport Executive from time to time.
Progression
12.1
If the Transport Executive meets the performance requirements under the Transport Service’s performance management system, the Transport Executive’s total remuneration package may be increased within the range of remuneration applicable to the assigned role of the Transport Executive. Any such increase is at the discretion of the Employer and is not an entitlement.
12.2
Clause 12.1 does not limit the Employer’s power to increase or reduce the Transport Executive’s total remuneration package in accordance with the TA Act or the GSE Act.
Hours of duty
13.1
The Transport Executive must work the hours necessary to perform the duties and responsibilities of the Transport Executive’s role.
13.2
The Transport Executive’s total remuneration package compensates the Transport Executive for any hours worked.
Part-time work
14.1
If the Employer agrees to the Transport Executive undertaking work on a part-time basis, the Transport Executive must work the agreed days or parts of days.
Leave
15.1
The Transport Executive is entitled to leave in accordance with Transport Service policies and procedures, the TA Act and regulations under the TA Act.
15.2
Clause 15.1 only applies to the Transport Executive while the Transport Executive is employed in the Transport Service.
Notice of resignation by Transport Executive
16.1
The Transport Executive may resign his or her employment by providing [specify number of weeks—not to exceed 4 weeks] written notice to the Employer or as agreed to by the Employer.
16.2
If notice of resignation is provided by the Transport Executive, the Employer may direct the Transport Executive to cease duties immediately or at some other specified time during the notice period. Any such direction does not affect the Transport Executive’s entitlement to receive remuneration or to accrue leave during the notice period.
Compensation for termination
17.1
Subject to clauses 17.2 and 17.4, the Transport Executive is, on the termination of employment by the Employer, entitled to the following compensation:
(a) If the employment is terminated under section 68N of the TA Act during or at the end of any period of probation—an amount equal to the Transport Executive’s remuneration package for a period of [specify number of weeks—not to exceed 4 weeks].
(b) If the Transport Executive is employed in ongoing employment and the employment is terminated under section 68N of the TA Act otherwise than during or at the end of any period of probation—an amount equal to the Transport Executive’s remuneration package for a period of [specify number of weeks—not to exceed 38 weeks].
(c) If the Transport Executive is employed in term employment and the employment is terminated under section 68N of the TA Act otherwise than during or at the end of any period of probation—an amount equal to the Transport Executive’s remuneration package for a period of [specify number of weeks—not to exceed the period remaining on the term of the contract].
(d) If the employment is terminated by the Employer for unsatisfactory performance (whether under section 68 of the GSE Act or the regulations made under the TA Act) otherwise than during or at the end of any period of probation—an amount equal to the Transport Executive’s remuneration package for a period of [specify number of weeks—not to exceed 13 weeks].
17.2
No compensation is payable if the employment of the Transport Executive is terminated by the Employer for misconduct under section 68N of the TA Act and in accordance with the regulations made under the TA Act or any applicable policies and procedures of the Transport Service.
17.3
The Employer may give the Transport Executive notice in writing that the Transport Executive’s employment is to be terminated on the date specified in the notice. The period between the date on which the notice is given and the date specified as the date on which the employment is to be terminated is referred to as the termination notice period. If the Transport Executive is employed in term employment, the termination notice period cannot extend beyond the term of the employment.
17.4
If a notice under clause 17.3 is given to the Transport Executive, any compensation that would otherwise be payable under clause 17.1 is reduced, for each week of the termination notice period, by an amount equal to one week’s salary.
17.5
The Employer may, at any time during the termination notice period, direct the Transport Executive to cease working in the Transport Service or assign the Transport Executive to another role in the Transport Service. Any such direction does not affect the Transport Executive’s entitlement to receive remuneration or to accrue leave during the termination notice period.
17.6
The amount of any compensation payable in accordance with clause 17.1 or 17.4 is, if the Transport Executive is employed part-time, to be calculated on a pro-rata basis.
17.7
If the Transport Executive’s employment is terminated with compensation, the Transport Executive agrees that if the Transport Executive is re-employed in the public sector (as referred to in section 68N of the TA Act) within the period to which the compensation relates the Transport Executive will repay the proportionate amount, as calculated in accordance with clause 44 of the Government Sector Employment Regulation 2014, before the commencement of that re-employment. This obligation continues even though the contract of employment is terminated.
17.8
Clauses 17.1–17.6 apply in relation to the Transport Executive only while the Transport Executive is employed in the Transport Service.
Confidentiality
[The following provisions are mandatory to the extent that the contract must contain obligations relating to confidentiality. However, the following provisions may be substituted by a different set of obligations (that are not inconsistent with the following provisions) to suit the particular requirements of the Transport Service.]
18.1
During his or her employment, the Transport Executive will not disclose, without lawful authority, any confidential or secret information acquired as a consequence of the employment.
18.2
On termination of employment the Transport Executive will not, without lawful authority, disclose or make [commercial] use of any confidential or secret information acquired by the Transport Executive as a consequence of his or her employment.
Intellectual property
[The following provisions may be substituted by a different set of obligations (that are not inconsistent with the following provisions) to suit the particular requirements of the Transport Service.]
19.1
Subject to any written agreement to the contrary between the parties, all intellectual property developed by the Transport Executive in the course of his or her employment is the sole property of the Employer.
Employment policies and procedures
20.1
The Transport Executive agrees to comply with any applicable employment policies and procedures of the Transport Service and with any lawful and reasonable direction of the Employer relating to the employment of the Transport Executive.
20.2
However, those employment policies, procedures and directions do not form part of this contract and do not create any express or implied contractual rights or obligations between the Transport Executive and the Employer.
Variation
21.1
This contract may only be varied in accordance with the TA Act, the GSE Act and this contract.
21.2
Any variation must be in writing and signed by the Employer and the Transport Executive.
Additional provisions
[Special provisions may be included as part of the Transport Executive’s contract. However, the following provision must be included in any clause containing special provisions:]
22.1
Any such special provision applies to the Transport Executive only while the Transport Executive is employed in the Transport Service.
APPENDICES
The Appendices to this contract may be substituted by the Employer.
Appendix A—Assigned role
[insert description of assigned role]
Appendix B—Remuneration package and allowance
The total remuneration package of the Transport Executive is [insert $ value of package].
The Transport Executive is entitled to the following allowances [insert any additional allowances]:
Signatures
The Employer
Signed
Date
Name
[Insert job title and office]
pursuant to the TA Act on behalf of the Government of NSW.