Crown
Employees (Department of Education and Communities - Centre Managers) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 116 of 2012)
|
Before The Honourable
Mr Justice Staff
|
30 March 2012
|
REVIEWED
AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Parties
4. Classifications
5. Appointment
and Qualification Requirements
6. Salaries
7. General
Conditions of Employment
8. Saving of
Rights
9. Hours of
Duty
10. Residential
Requirements
11. Compensation
for On-Call, Out-of-Hours, Weekend and Public Holiday Duty.
12. Annual
Leave Loading
13. Deduction
of Union Membership Fees
14. Anti-Discrimination
15. Grievance
and Dispute Resolution Procedures
16. No Extra
Claims
17. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Annual Allowance
APPENDIX 1
Centre Locations
1. Title
1.1 This award will
be known as the Crown Employees (Department of Education and Communities -
Centre Managers) Award.
2. Definitions
"Centre" refers to a departmental residential
or non-residential venue (as listed at Appendix 1). It also includes any place designated as part of, or as annex to,
such a venue.
"Centre Manager" refers to an employee
occupying a position of Centre Manager in a residential Centre.
"Director-General" refers to the
Director-General of the Department of Education and Communities.
"Director Commercial Services" refers to the
Director Commercial Services of the NSW Sport and Recreation Division of the
Department of Education and Communities.
"Director-General, Department of Premier and
Cabinet" has the same meaning as in the Public Sector Employment and
Management Act 2002.
"Director Properties and Venues" refers to
the Director Properties and Venues of the NSW Sport and Recreation Branch of
the Department of Education and Communities.
"Department" refers to the Department of
Education and Communities.
"Employee" refers to and includes all persons
permanently or temporarily employed under the provisions of the Public Sector
Employment and Management Act 2002 and who, as at the operative date of this
award, were occupying one of the positions covered by this award or who, after
that date, are appointed to or employed in any of such positions.
"Events Manager" refers to an employee
occupying a position of Events Manager at a non-residential Centre
"Operations Manager" refers to an employee
occupying a position of Operations Manager at a non-residential Centre.
"Program Coordinator" refers to an employee
occupying a position of Program Coordinator in a Centre.
"Service" refers to continuous service with the
Department in a position covered by the award.
"Service Co-ordinator" refers to an employee
occupying a position of Services Co-ordinator in a Centre.
"Union" refers to the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales.
"Venue Manager" refers to an employee
occupying a position of Venue Manager at a non-residential Centre
3. Parties
3.1 This award has
been made between the following parties:
Director-General, Department of Premier and Cabinet
Public Service Association and Professional Officers'
Association Amalgamated Union of New South Wales
Department of Education and Communities
4. Classifications
4.1 The
classifications covered by this award are:
Centre Manager (formerly known as General Manager)
Venue Manager
Program Coordinator (formerly known as Client Services
Coordinator)
Operations Manager
Events Manager
Service Co-ordinator
Positions at Centres which have rostered and/or on-call
responsibilities as determined by the relevant Director excluding Program
Staff, Catering Officers and Services Officers.
4.2 Positions are
classified in accordance with the classification and grading system approved by
the Director-General, Department of Premier and Cabinet.
5. Appointment and
Qualification Requirements
5.1 The appointment
or employment of employees to vacant positions will be in accordance with the
principles of merit. Employees
appointed to positions covered by this Award must possess relevant knowledge,
skills and experience.
5.2 In addition to
relevant knowledge, skills and experience, Program Coordinators are required to
possess tertiary qualifications in a relevant field as determined by the Executive
Director. Relevant fields include, but
are not limited to, Education, Arts, Social Sciences, Applied Science, Health
and Human Movement. The minimum entry
level qualification required is a degree or alternatively, Certificate IV
(Australian Qualifications Framework - AQF) Outdoor Recreation and relevant
industry experience.
6. Salaries
6.1 Salary rates
applicable to classifications covered by this award will be payable in
accordance with Table 1 - Salaries, of Part B, Monetary Rates.
6.2 Salary rates
provided for in this award shall be adjusted in accordance with the Crown
Employees (Public Sector - Salaries 2008) Award or any replacement award.
7. General Conditions
of Employment
7.1 Employees shall
be entitled to conditions of employment as set out in this award or, where this
award is silent, conditions of employment as provided for under the Public
Sector Employment and Management Act 2002 and Regulations and the Crown
Employees (Public Service Conditions of Employment) Award 2009 or any replacement
award.
8. Saving of Rights
8.1 At the time of
making of this Award, no employee covered by this Award will suffer a reduction
of their rate of pay or dimution in his or her conditions of employment as a
consequence of the making of this Award.
9. Hours of Duty
9.1 The contract
working hours will be 35 hours per week averaged over a four week period. Rostered hours of duty may include any day
of the week including Saturday, Sunday and public holidays.
9.2 Employees shall
be rostered for 19 days within a four week roster cycle.
9.3 Employees shall
not be rostered for more than 10 consecutive calendar days over any period.
9.4 Employees are
entitled to nine days rostered off duty including a minimum of two x two consecutive
rostered days off in any four week roster cycle. Where it is not possible to roster 9 days off in a four week
roster cycle, the days not taken may be carried over and utilised in the next
two roster cycles. If not taken in the
next two roster cycles the entitlement shall be forfeited, subject to the
provisions of subclause 9.5 of this Award.
9.5 Where
exceptional circumstances arise and it appears that the employee will not be
able to take rostered days off carried over in accordance with subclause 9.4 or
subclause 11.8 of this Award, the Director Commercial Services or the Director
Properties and Venues may approve the rostered days off being carried forward
provided the employee and their supervisor devise a strategy in writing to
ensure that the rostered days off are taken. The identified strategy must be
reported to and authorised by the Director Commercial Services or the Director
Properties and Venues.
9.6 Hours of duty
shall be determined by way of roster, which shall be displayed in an area
available to all employees not less than seven days prior to the commencement
of the four week roster cycle.
9.7 Weekend and
public holiday duty is based on client demand at the Centre and shall be
allocated equitably between the employees covered by this Award.
10. Residential
Requirements
10.1 Employees
employed under this Award at residential venues may be required to reside
on-site. However, the Director Commercial Services has the authority to
consider exemptions from this requirement.
10.2 The manner in
which accommodation and food/meals are administered for employees shall be
consistent with the Department’s Centre meals and accommodation policy.
11. Compensation for
on-Call, Out-of-Hours, Weekend and Public Holiday Duty
11.1 Employees are
entitled to an annual allowance as specified in Table 2 - Annual Allowance, of
Part B, Monetary Rates, and 25 days' recreation leave as compensation for
out-of-hours, weekend and public holiday work, for being on-call and for duty
undertaken after being "called" for duty. Recreation leave will be administered consistent with general
public sector provisions.
11.2 The annual
allowance will be adjusted in accordance with the Crown Employees (Public
Sector - Salaries 2008) Award
or any
replacement award.
11.3 "On
call" is defined as being available for additional duties, when not on
duty performing rostered weekly contract hours. Employees are required to be on call to perform such additional
duties (e.g. emergencies) on a rostered basis.
11.4 On-call duty
shall be rostered equitably at each Centre between the employees covered by
this Award.
11.5 A Centre Manager
of a residential Centre may call for expressions of interest from employees in positions
other than those positions covered by this award who wish to be considered as
alternative on-call employees. This may only be instituted on a long-term basis
where there are only two positions covered by this award in the staffing
structure. No alternative employee can
be forced to assume on-call responsibilities.
Any such arrangement must be by agreement between the individual
employee and the Centre Manager and will be subject to the approval of the Director
Commercial Services. The Director Commercial
Services will determine if the nominated employee is required to reside
on-site.
11.6 On-call allowance
may also be paid on a short-term temporary basis to an employee in a position
other than those positions covered by this award when the normal recipient is
on leave for a period of at least one week.
The allowance is payable for the whole period of leave and not only for
those days that the temporary recipient is rostered on-call.
11.7 All on-call
conditions as determined by this clause shall apply to those employees
elected. If an employee already
receives an allowance for similar after-hours responsibilities under another
industrial instrument, the total of their on-call duties will not exceed the total
of their duties under the first instrument.
11.8 Employees
required to be called for duty whilst not rostered on duty and not rostered on
call shall be entitled to the equivalent time off within the roster cycle. Where it is not possible for time off within
that cycle, the time may be carried forward for a maximum of two roster cycles
and must be taken in that period. If not taken the entitlement shall be
forfeited, subject to the provisions of subclause 9.5 of clause 9 Hours of Duty
of this Award.
11.9 The annual
allowance is an all-inclusive payment that represents compensation for all
incidences of employment. No additional
entitlement accrues for employees who are called to perform duty whilst on
call.
12. Annual Leave
Loading
12.1 Employees are
entitled to an annual leave loading of 17.5% calculated on four weeks
recreation leave.
13. Deduction of
Union Membership Fees
13.1 The union shall
provide the Department with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union’s rules.
13.2 The union shall
advise the Department 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 Department at least one month in advance of the variation
taking effect.
13.3 Subject to
subclauses 13.1 and 13.2, the Department 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 Department to make such deductions.
13.4 Monies so
deducted from the 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.
13.5 Unless other
arrangements are agreed to by the Department and the union, all union
membership fees shall be deducted on a fortnightly basis.
13.6 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
deduction to continue.
14.
Anti-Discrimination
14.1 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 on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
14.2 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
these 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.
14.3 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.
14.4 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.
14.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
14.6 The Department
and its employees may also be subject to Commonwealth anti-discrimination
legislation.
14.7 Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the 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."
15. Grievance and
Dispute Resolution Procedures
15.1 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.
15.2 An employee 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.
15.3 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 employee to advise their immediate
manager the notification may occur to the next appropriate level of management,
including where required, to the Director-General or delegate.
15.4 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.
15.5 If the matter
remains unresolved with the immediate manager, the employee 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 employee may pursue the sequence of reference to successive levels of
management until the matter is referred to the Director-General.
15.6 The
Director-General may refer the matter to the Director-General, Department of
Premier and Cabinet for consideration.
15.7 If the matter
remains unresolved, the Director-General shall provide a written response to
the employee 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.
15.8 An employee, at
any stage, may request to be represented by the Union.
15.9 The employee or
the Union on their behalf, or the Director-General may refer the matter to the
New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
15.10 The employee,
Union, Department and Director-General, Department of Premier and Cabinet shall
agree to be bound by any order or determination by the New South Wales Industrial
Relations Commission in relation to the dispute.
15.11 Whilst the
procedures outlined in subclauses 15.1 to 15.9 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 work health and safety, if practicable, normal work shall
proceed in a manner which avoids any risk to the health and safety of any
employee or member of the public.
16. No Extra Claims
16.1 Parties to this
award undertake that, for the period of this award, they will not pursue any
extra claims, except those allowed under section 17(3) of the Industrial
Relations Act 1996.
17. Area, Incidence
and Duration
17.1 This award shall
apply to all employees employed by the Department of Education and Communities
who, at the operative date of this award, are employed in the classifications
specified in Clause 4, Classifications at the locations specified at Appendix 1
of this award.
17.2 The employees regulated
by this award will be entitled to the conditions of employment as set out in
this award and, except where specifically varied by this award, existing
conditions provided for by the Public Sector Employment and Management Act 2002
and 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.
17.3 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.
17.4 Changes made to
this award subsequent to it first being published on published 26 December 2008
(366 I.G. 1492) have been incorporated into this award as part of the review.
17.5 The award remains
in force until varied or rescinded, the period for which it was made having already
expired.
PART B
MONETARY RATES
Effective from the beginning of the first pay period to
commence on or after 1 July 2011.
Table 1 - Salaries
|
Classification and
Grades
|
1.7.11
|
|
|
Per annum
|
|
|
$
|
|
Clerk Grade 4
|
|
|
1st year of service
|
63,425
|
|
Thereafter
|
65,376
|
|
Clerk Grade 5
|
|
|
1st year of service
|
70,480
|
|
Thereafter
|
72,702
|
|
Clerk Grade 6
|
|
|
1st year of service
|
75,552
|
|
Thereafter
|
77,767
|
|
Clerk Grade 7
|
|
|
1st year of service
|
80,096
|
|
Thereafter
|
82,491
|
|
Clerk Grade 8
|
|
|
1st year of service
|
85,928
|
|
Thereafter
|
88,660
|
|
Clerk Grade 9
|
|
|
1st year of service
|
91,303
|
|
Thereafter
|
93,870
|
|
Clerk Grade 10
|
|
|
1st year of service
|
97,702
|
|
Thereafter
|
100,613
|
|
Clerk Grade 11
|
|
|
1st year of service
|
105,602
|
|
Thereafter
|
110,079
|
|
Clerk Grade 12
|
|
|
1st year of service
|
116,974
|
|
Thereafter
|
122,128
|
Table 2 - Annual Allowance
|
|
1.7.11
|
|
|
Per Annum
|
|
|
$
|
|
Annual Allowance (clause 11)
|
9,806
|
Appendix 1
Centre Locations
Crown Employees (Department of Education and
Communities - Centre Managers) Reviewed Award 2012.
Residential Venues
|
Berry Sport and Recreation Centre
|
|
|
BERRY
|
2535
|
|
|
|
|
|
Borambola Sport and Recreation Centre
|
|
|
WAGGA WAGGA
|
2650
|
|
|
|
|
|
Broken Bay Sport and Recreation Centre
|
|
|
BROOKLYN
|
2083
|
|
|
|
|
|
Lake Ainsworth Sport and Recreation Centre
|
|
|
LENNOX HEAD
|
2478
|
|
|
|
|
|
Lake Burrendong Sport and Recreation Centre
|
|
|
MUMBIL
|
2820
|
|
|
|
|
|
Jindabyne Sport and Recreation Centre
|
|
|
JINDABYNE
|
2627
|
|
|
|
|
|
Lake Keepit Sport and Recreation Centre
|
|
|
GUNNEDAH
|
2380
|
|
|
|
|
|
Milson Island Sport and Recreation Centre
|
|
|
BROOKLYN
|
2083
|
|
|
|
|
|
Myuna Bay Sport and Recreation Centre
|
|
|
DORA CREEK
|
2264
|
|
|
|
|
|
Point Wolstoncroft Sport and Recreation Centre
|
|
|
GWANDALAN
|
2259
|
|
|
|
|
|
Sydney Academy of Sport and Recreation
|
|
|
NARRABEEN
|
2101
|
|
|
|
|
|
Non-Residential Venues
|
|
|
|
|
|
Sydney International Equestrian Centre
|
|
|
HORSLEY PARK NSW
|
2164
|
|
|
|
|
|
Sydney International Shooting Centre
|
|
|
CECIL PARK NSW
|
2171
|
|
|
|
|
|
Sydney International Regatta Centre
|
|
|
CRANEBROOK NSW
2749
|
|
|
|
|
|
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.