Crown
Employees (NSW Department of Trade and Investment, Regional Infrastructure and
Services) Professional Officers Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 239 of 2012)
Before The Honourable
Mr Justice Staff
|
30 March 2012
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title of
the Award
2. Definitions
3. Salaries
4. Savings of
Rights
5. Progression
Criteria
6. Appeals Mechanism
7. Minimum
Qualification Requirements and Commencing Rates
8. Allowances
9. Job
Evaluation
10. Grievance
and Dispute Settling Procedures
11. Anti-Discrimination
12. Deduction
of Union Membership Fees
13. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
PART A
1. Title of the Award
This Award shall be known as the Crown Employees (NSW
Department of Trade and Investment, Regional Infrastructure and Services)
Professional Officers Award.
2. Definitions
(i) "Act"
means the Public Sector Employment and Management Act 2002.
(ii) "Association/Union"
means the Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales or the Association of Professional
Engineers, Scientists and Managers, Australia (NSW Branch).
(iii) "Director
General" means the Director General, Department of Premier and Cabinet, as
established under the Public Sector Employment and Management Act 2002.
(iv) "Department"
means the NSW Department of Trade and Investment, Regional Infrastructure and
Services , as specified in Schedule 1 of the Public Sector Employment and
Management Act 2002.
(v) "Department
Head" means the Director-General of the NSW Department of Trade and
Investment, Regional Infrastructure and Services.
(vi) "Job
Evaluation" means a methodology agreed between the parties to grade
Professional Officer positions under this Award.
(vii) "Member of
Staff" for the purposes of this Award, means a person employed as an
officer on probation, or officer, employed in any capacity under the provisions
of Part 2.3 of the Act, or a temporary employee employed under Part 2.4 of the
Act, who are classified under this Award, and employed in either a part-time or
full-time capacity, or a casual employee employed under Part 2.6 of the Act and
who is classified under this Award.
(viii) "Normal
Work" as defined in clause 10, Grievance and Dispute Settling Procedures,
is defined as the duties and responsibilities relevant to the Statement of
Duties, or Position Description, of a member or members of staff, at the time
of a grievance, dispute or difficulty.
(ix) "Position"
means a position as dealt with in section 9 of the Public Sector Employment
and Management Act 2002.
(x) "Professional
Officer" means and includes all members of staff permanently, temporarily
or casually employed under the provisions of the Act, who at or after the date
of this Award, occupied a position of, and were classified as, a Professional
Officer under this Award, and who meet the minimum qualification requirements
pursuant to clause 7, Minimum Qualification Requirements and Commencing Rates.
(xi) "Public
Service" means the Public Service of New South Wales as defined in the
Public Sector Employment and Management Act 2002.
(xii) "Regulation"
means the Public Sector Employment and Management Regulation 2009, as amended.
(xiii) "Service"
means continuous service for salary purposes.
(xiv) "Salary
Rates" means the ordinary time rate of pay for the member of staff’s
grading, excluding shift allowances, weekend penalties, and all other
allowances not regarded as salary.
3. Salaries
The rates of salary shall be paid to officers appointed
to the positions specified as set out in Table 1 - Salaries, of Part B,
Monetary Rates.
4. Savings of Rights
At the time of making of this award, no member of staff
covered by this award will suffer a reduction in their rate of pay or any loss
or diminution in his or her conditions of employment as a consequence of the
making of this award.
5. Progression
Criteria
(i) A member of
staff who has been in receipt of the maximum salary prescribed for their Grade for
12 months shall be eligible to progress to the next Grade, up to Grade 4,
subject to satisfying the progression criteria, other than Research Station
Managers.
(ii) Research
Station Managers can be graded at level 3, 4 or 5 of the Professional Officers'
scale. Research Station Managers shall
commence at the minimum rate of the grade applicable to the position appointed
and are ineligible to progress beyond the single grading of their position
unless promoted following the occurrence of a vacancy.
(iii) Single graded
positions above Grade 4 will only be filled by competitive selection, subject
to a substantive vacancy.
6. Appeals Mechanism
(i) A member of
staff shall have the right to appeal any decision made by the Department in
relation to progression between Grade 1 and Grade 4.
(ii) A member of
staff who wishes to appeal against a decision refusing progression between
grades, pursuant to subclause (i) of clause 5, Progression Criteria must submit
a written submission outlining their case to the Director Industrial Relations
within twenty eight (28) days of being advised of the decision.
(iii) The Director
Industrial Relations shall constitute an appeals panel consisting of one (1)
Management representative, one (1) Association representative, and one (1) peer
acceptable to the Department and Association.
(iv) The appeals
panel shall meet within twenty-eight (28) days of an appeal being lodged by a
member of staff. The appeals panel shall forward their written recommendation
on hearing the appeal to the Department Head, or delegated member of staff, for
approval.
(v) The Department
Head, or delegated member of staff, shall advise the member of staff who has
lodged the appeal of their decision on the appeal within seven (7) days of the
appeal being heard.
(vi) This appeals
procedure does not cover matters dealt with by the Industrial Relations
Commission of New South Wales.
7. Minimum
Qualification Requirements and Commencing Rates
The qualifications described in subclauses (i) to (v)
of this clause describe the minimum tertiary qualifications required for
classification as a Professional Officer.
(i) The commencing
rate of salary payable to a member of staff who has obtained a degree, or
equivalent qualifications, at a recognised University or tertiary institution,
requiring a minimum of three years full time study, or other qualifications
deemed by the Department to be the equivalent thereof shall be the rate
prescribed for the first year of service at Grade 1.
(ii) The commencing
rate of salary payable to a member of staff who has in addition to the
qualifications specified in subclause (i) of this clause, has completed an
additional course study to qualify for degree honours, or has obtained a degree
and additional qualifications at a recognised University, and/or tertiary
institution, requiring a minimum of four years full time study, or
qualifications deemed by the Department to be equivalent thereof, shall not be
less than the rate prescribed for Grade 1 Year 2.
(iii) The commencing
rate of salary payable to a member of staff who has obtained a relevant
post-graduate degree at a recognised University, or other qualifications deemed
by the Department to be the equivalent thereof, shall not be less than the rate
prescribed for Grade 1 Year 3.
(iv) The commencing
rate of salary payable to a member of staff who has obtained a degree in
Veterinary Science which is registrable in NSW shall not be less that the rate
prescribed for Grade 1 Year 4.
(v) Appointment to
either a Grade 8 or 9 position, is not dependent on degree, or post-graduate
degree qualifications. For consideration for appointment to a vacant Grade 8 or
9 position, the member of staff who applies for a vacant position at either
Grade will have been assessed to hold generic competencies comparable to Levels
7 or 8, of the Australian Qualification Framework (AQF), accredited by the
National Training Authority, or to have been assessed as holding generic
competencies for Levels 7 and 8 (ASF) which may be developed for National
Competency Standards - Public Administration, during the operation of this
Award.
8. Allowances
(i) A member of
staff who is appointed as an Officer in Charge of a Veterinary Laboratory shall
be paid an allowance of an amount as set out in Item 1 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates, which shall be calculated as part of
the members of staff’s salary for all purposes.
(ii) Members of
staff appointed to the position of Officer in Charge of a Veterinary Laboratory
shall be appointed for a period of up to two (2) years, with all future
appointees to this position being determined by merit selection following
internal advertisement through the relevant Veterinary Laboratory.
(iii) The allowance
referred to in subclause (i) of this clause shall be subject to all adjustments
made in relation to Allowances included in the Crown Employees (Public Sector -
Salaries 2008) Award, or any other subsequent Award(s) establishing allowances
in the public service.
9. Job Evaluation
(i) Positions
classified as Professional Officers shall be graded in accordance with the
accredited Job Evaluation methodology agreed by the Department, the Director
General and Associations, or any other methodology agreed between the parties
during the operation of this Award to grade Professional Officer positions.
(ii) The grading of
Professional Officers positions shall be carried out in consultation between
the Department and Associations using the Department’s Joint Consultative
Committee. This Committee shall be the forum for negotiation and consultation
on the operation of the Department’s Job Evaluation methodology during the
operation of this Award.
(iii) Positions will
be evaluated and graded from time to time in the following circumstances:
(a) where the nature
of a position is significantly changed, or a new position is created;
(b) where a position
falls vacant, the Department can determine whether it is necessary to evaluate
and grade the position prior to advertising the vacancy; and
(c) at the request
of any party to this Award provided that the position occupied by the member of
staff has not been evaluated and graded for a minimum of twelve (12) months.
(iv) Where a member
of staff’s position is evaluated as falling within a lower or higher grading
than that to which the member of staff is presently appointed, then the
Department:
(a) will examine the
feasibility of initiating work redesign changes to the position in order to
seek to justify the position’s salary range at its existing grading level, or;
(b) adhere to
existing statutory and related Public Service policies on filling regraded
positions if initiating action under paragraph (a) of this subclause is
determined to be inconsistent with maintaining Department efficiency, or otherwise
impracticable.
10. Grievance and
Dispute Settling Procedures
(i) All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
Department, if required.
(ii) A member of
staff is required to notify in writing their immediate manager, as to the
substance of the grievance, dispute or difficulty, request a meeting to discuss
the matter, and if possible, state the remedy sought.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act 1977) that makes it impractical for the member of staff
to advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Department
Head or delegate.
(iv) The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the member of staff may request
to meet the appropriate person at the next level of management in order to
resolve the matter. This manager shall respond within two (2) working days, or
as soon as practicable. The member of staff may pursue the sequence of reference
to successive levels of management until the matter is referred to the
Department Head.
(vi) The Department
Head may refer the matter to the Director General for consideration.
(vii) If the matter
remains unresolved, the Department Head shall provide a written response to the
member of staff and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
(viii) A member of
staff, at any stage, may request to be represented by the Association.
(ix) The member of
staff or the Association on their behalf, or the Department Head may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
(x) The member of
staff, Association, Department and the Director General shall agree to be bound
by any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
(xi) Whilst the procedures
outlined in subclauses (i) to (x) of this clause are being followed, normal
work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any member of staff or
member of the public.
11.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination of the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
the obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion".
12. Deduction of
Union Membership Fees
(i) The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
(ii) The union
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
(iii) Subject to (i)
and (ii) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
(iv) Monies so
deducted from employee's pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
13. Area, Incidence
and Duration
The members of staff regulated by this award shall be
entitled to the conditions of employment as set out in this award and, except
where specifically varied by this award, existing conditions are provided for
under the Public Sector Employment and Management Act 2002, the Public Sector
Employment and Management Regulation 2009, the Crown Employees (Public Service
Conditions of Employment) Award 2009 and the Crown Employees (Public Sector -
Salaries 2008) Award or any replacement awards.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 30 March 2012.
Changes made to this award subsequent to it first being
published on 9 November 2007 (364 I.G. 309) have been incorporated into this
award as part of the review.
The award remains in force until varied or rescinded,
the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
Effective from the beginning of the first pay period to
commence on or after 1.07.2011
(A) Full Time
|
Annual Rate
|
SP
|
|
$
|
|
Grade 1
|
Year 1
|
53,407
|
46
|
|
Year 2
|
55,509
|
50
|
|
Year 3
|
58,604
|
56
|
|
Year 4
|
63,425
|
64
|
|
Year 5
|
67,267
|
70
|
|
Year 6
|
71,256
|
76
|
Grade 2
|
Year 1
|
74,745
|
81
|
|
Year 2
|
76,961
|
84
|
|
Year 3
|
79,306
|
87
|
|
Year 4
|
82,491
|
91
|
Grade 3
|
Year 1
|
85,928
|
95
|
|
Year 2
|
88,660
|
98
|
|
Year 3
|
90,426
|
100
|
|
Year 4
|
93,026
|
103
|
Grade 4
|
Year 1
|
96,742
|
107
|
|
Year 2
|
99,640
|
110
|
|
Year 3
|
102,572
|
113
|
Grade 5
|
Year 1
|
105,602
|
116
|
|
Year 2
|
107,710
|
118
|
Grade 6
|
Year 1
|
111,025
|
121
|
|
Year 2
|
114,457
|
124
|
Grade 7
|
Year 1
|
118,200
|
127
|
|
Year 2
|
122,128
|
130
|
Grade 8
|
Year 1
|
128,094
|
132
|
|
Year 2
|
134,547
|
133
|
Grade 9
|
Year 1
|
141,356
|
134
|
|
Year 2
|
148,511
|
135
|
(B) Part-Time Hourly
Rate Formulae
Annual Salary
|
x
|
5
|
=
|
1 hours pay
|
260.8929
|
|
35
|
|
|
Table 2 - Other Rates and Allowances
Effective from the
beginning of the first pay period to commence on or after 1.07.2011
Item No
|
Clause No
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
8(i)
|
OIC Veterinary Laboratory
|
6,302 per annum
|
C.
G. STAFF J.
____________________
Printed by the
authority of the Industrial Registrar.