Crown
Employees (Centennial Park And Moore Park Trust Building And Mechanical
Services Staff) Award 2012
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Review of Award
pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 205 of 2012)
Before The Honourable Mr Justice Staff
|
28 March 2012
|
REVIEWED AWARD
PART A
Clause No. Subject Matter
1. Title
2. Parties
3. Definitions
4. Intention
5. Workplace
Reform Program
6. Wage Rates
6A School Based
Apprentices
7. General
Conditions of Employment
8. Deduction
of Union Membership Fees
9. Consultative
Committee
10. Grievance
and Dispute Resolution Procedures
11. Classification
Standards
12. Anti-Discrimination
13. Sick Leave
to Care for a Family Member
14. Savings and
Rights
15. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Allowances
PART A
1. Title
This award shall be known as the Crown Employees
(Centennial Park and Moore Park Trust Building and Mechanical Services Staff)
Reviewed Award 2012.
2. Parties
2.1 This Award has
been made between the following parties:
Director-General of the Department of Premier and
Cabinet
Chief Executive, Office of Environment and Heritage
(OEH)
Communications, Electrical, Electronic, Information,
Postal, Plumbers and Allied Services Union of Australia Plumbing Division (New
South Wales Branch).
Construction, Forestry, Mining and Energy Union (New
South Wales Branch) and
Automotive, Foods, Metals, Engineering, Printing and
Kindred Industries Union. New South Wales Branch.
3. Definitions
Staff means and includes all persons permanently or
temporarily employed under the provisions of the Public Sector Employment
and Management Act 2002 and who, as 21 November 1997 were occupying one of
the positions covered by this Award, or who, after that date, are appointed to
or employed in one of such positions.
Supervision means, in addition to normal supervisory
responsibilities, the assessment, evaluation and training of staff.
Union means the Communications, Electrical, Electronic,
Information, Postal, Plumbers and Allied Services Union of Australia Plumbing
Division (New South Wales Branch); The Construction, Forestry, Mining and
Energy Union (New South Wales Branch), the Automotive, Foods, Metals,
Engineering, Printing and Kindred Industries Union. (New South Wales Branch),
having regard to their respective coverage.
4. Intention
4.1 The purpose of
this award is to regulate the terms and conditions of employment of staff
employed at Centennial Park who are engaged in the trades of Carpenter, Motor
Mechanic, Painter and Plumber.
4.2 It is intended
that this Award will align the wages of the staff employed under this award
with the staff employed under the Crown Employees (Parks and Gardens -
Horticulture and Rangers Staff) Award.
4.3 It is intended
that the Award will provide a suitable basis for the parties to implement
appropriate arrangements to ensure that corporate objectives are met.
4.4 This award will
help facilitate the processes necessary to enhance the productivity of the
organisation and provide a better return to the organisation, the staff, and
the community.
5. Workplace Reform
Program
5.1 The parties
agree to the implementation of the following workplace reform processes.
5.1.1 Rostered Days Off
(i) Staff shall
work a nine-day fortnight with all staff on duty on the same days, or by
agreement.
(ii) Rostered days off
(RDOs) may be accumulated up to a maximum of five (5) per annum and shall be
taken on days set by mutual agreement with management. Such days may be in
conjunction with annual leave.
5.1.2 Annual Leave
Loading
Annual Leave Loading shall be paid annually on the last
pay period in November.
5.1.3 Afternoon Tea
Afternoon Tea to be taken only at the work site without
interruption to work.
6. Wage Rates
6.1 Wage rates are
contained in Table 1 of the award. All
allowances have been rolled up into the total wage rate except for those
allowances contained in Clause 7.3 of this Award.
6.2 Wages for staff
covered by this award shall be adjusted by no less than any increase in the
Crown Employees Wages Staff (Rates of Pay) Award 2011 and any successor award.
6.3 Apprentice staff
shall be paid a percentage of the rate of pay applicable to Level Five (5),
Year l:
Year One - 45%
Year Two - 60%
Year Three - 75%
Year Four - 85%
6A. School Based
Apprentices
6A.1 A school based apprentice
is an employee who is undertaking an apprenticeship under a training contract
while also enrolled in the Higher School Certificate.
6A.2 The hourly rates
for full time apprentices as set out in this Award shall apply to school based
apprentices for total hours worked including time deemed to be spent in
off-the-job training.
6A.3 For the purposes
of subclause (b)(i) of this clause, where a school based apprentice is a full
time school student, the time spent in off the job training for which the
school based apprentice is paid is deemed to be 25 per cent of the actual hours
worked on the job each week.
6A.4 The wages paid for
training time may be averaged over the school term or year.
6A.5 Where this Award
specifies a weekly rate for full time apprentices, the hourly rate shall be
calculated by dividing the applicable weekly rate by 38.
6A.6 School based
apprentices progress through the wage scale at the rate of 12 months'
progression for each two years of employment as an apprentice.
6A.7 The rates of pay
are based on a standard apprenticeship of four years. The rate of progression
reflects the average rate of skill acquisition expected from the typical
combination of work and training for a school based apprentice undertaking the
applicable apprenticeship.
6A.8 Where an
apprentice converts from a school based to a full-time apprenticeship, all time
spent as a fulltime apprentice counts for the purpose of progression through
the wage scale set out in this Award. This progression applies in addition to
the progression achieved as a school based apprentice.
6A.9 Except as provided
by this clause, school based apprentices are entitled to pro rata entitlements
of all other conditions of employment contained in this Award.
7. General Conditions
of Employment
7.1 Except as
otherwise provided in this Award, staff shall be entitled to and shall observe
the conditions of employment made pursuant to the provisions of the Public
Sector Employment and Management Act 2002 and the Public Sector Employment and
Management (General) Regulation 2009.
7.2 The provisions
of the Crown Employees (Skilled Trades) Award shall also apply to staff covered
by this Award, unless specifically varied by provisions of this Award.
7.3 All allowances
previously paid to staff covered by this Award are to be rolled into salary
with the exception of the following:
7.3.1 Chokage Allowance
A weekly allowance specified on an annual basis at Item
1 of Table 2 will be paid to those staff required to undertake chokage work.
7.3.2 Plumbers Licence
and Registration
The Plumbers Licence and Registration will be paid
weekly as set out on an annual basis at Item 4 of Table 2 for three licences,
at Item 3 of Table 2 for two licences, At Item 2 for one licence and at Item 5
of Table 2 for registration.
7.4 The provisions
of the Crown Employees (Skilled Trades) Award, which give staff, an entitlement
to take a paid holiday as a Picnic Day shall continue to be applied with the
holiday being taken on a working day nominated by the Director, between
Christmas and New Year.
7.5 Conditions of
service not covered by the Crown Employees (Skilled Trades) Award shall be
regulated by the Crown Employees (Public Service Conditions of Employment)
Award 2009, as varied.
7.6 Where there is
any inconsistency between this Award and the relevant industrial instruments
covering the OEH and its staff, this Award shall prevail to the extent of the
inconsistency.
8. Deduction of Union
Membership Fees
8.1 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.
8.2 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.
8.3 Subject to (1)
and (2) 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.
8.4 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.
8.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
8.6 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
deductions to continue.
9. Consultative
Committee
9.1 A committee has
been established to monitor the implementation of this Award and make, during its
period of operation, recommendations to the Director of the Centennial Park and
Moore Park Trust with regard to:
(i) implementation
of the classification levels and progressions between classifications levels as
provided in Clause 11;
(ii) any other matters
regarding the implementation of this Award.
9.2 The committee
consists of representatives of management and representatives of the unions,
which are party to this Award, the latter chosen at the discretion of the union
members covered by this Award.
9.3 The Committee
shall meet from time to time as required.
9.4 Should the
parties to the Committee fail to reach agreement on any matter the Dispute
Resolution Procedures outlined in Clause 10 will be followed.
10. Grievance and
Dispute Resolution Procedures
10.1 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.
10.2 A staff member 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.
10.3 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 staff member 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.
10.4 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.
10.5 If the matter
remains unresolved with the immediate manager, the staff member 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 staff member may
pursue the sequence of reference to successive levels of management until the
matter is referred to the Department Head.
10.6 The Department
Head may refer the matter to the Director-General of Department of Premier and
Cabinet for consideration.
10.7 If the matter
remains unresolved, the Department Head shall provide a written response to the
staff member 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.
10.8 A staff member,
at any stage, may request to be represented by the Union.
10.9 The staff member
or the Union 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.
10.10 The staff member,
Union, department and Director-General of 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.
10.11 Whilst the
procedures outlined in subclauses 10.1 to 10.9 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 occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public.
11. Classification
Standards
11.1 A position
falling within the scope of this Award will have assigned to it a classification
level determined in accordance with the classification standards detailed
below.
11.2 Broad banding
Classifications
11.2.1 For the purposes
of this Award, Level 5/6 is a broad-banded classification. Progression between Levels 5 & 6 is by
way of a "soft" progression based on competency assessment and appeal
processes that are to be agreed between the parties.
11.2.2 For the purposes
of this Award, Level 7/8 is a broad-banded classification. Progression between
Levels 7 & 8 is by way of a "soft" progression based on
competency and appeal processes that are to be agreed between parties.
11.3 The following
classification levels will apply:
11.3.1 Level 5
The occupant of a position established at Level 5 of
this Award will:
(a) Work under
minimal supervision and therefore be required to exercise independent judgement
at trade level; and
(b) Have a
recognised trade certificate and possess the relevant Interpretation skills and
other skills and relevant experience required to:
(i) perform trade level
duties; and/or
(ii) supervise
apprentices; and
(iii) communicate
with supervisors and other staff.
11.3.2 Level 6
The occupant of a position established at Level 6 of
this Award will:
(a) Work under
minimal supervision and therefore be required to exercise independent judgement
at an advanced trade level and exercise initiative with regard to matter of
minor complexity; and
(b) Have a
recognised trades certificate so that they have the developed communication
skills, interpretation skills and other skills and relevant experience required
to:
(i) perform
advanced trade level duties; and/or
(ii) supervise
apprentices; and/or
(iii) communicate
with supervisors and other staff; and/or
(iv) communicate
semi-technical information to the public.
(c) Fulfil the
requirements for progression to Level 6 based on the assessment and appeals
processes agreed between the parties.
11.3.3 Level 7
The occupant of a position established at Level 7 of
this Award will:
(a) Work
independently on assigned specialist work and lead a small work team on
assigned work and therefore be required to exercise independent judgement and
to be accountable for work performance; and
(b) Have a
recognised trades certificate, and have the skills and relevant supervisory
experience required to:
(i) Manage as the
Leader of a small team of staff (normally less than 6 staff) - supervising and
training staff; and
(ii) Be accountable
for completion for completion of work to agreed standards; and/or
(iii) Solve technical
problems of limited complexity; and
(iv) Document and
communicate technical data and information to other staff and/or the public.
11.3.4 Level 8
The occupant of a position established at Level 8 of
this Award will:
(a) Work
independently on assigned specialist work and lead a team on assigned work and
therefore be required to exercise independent judgement and to be accountable
for work performance; and
(b) Have a
recognised trades certificate and have the skills and relevant supervisory
experience required to:
(i) Manage a team
of staff (normally less than 6 staff) - supervising and training staff; and
(ii) Be accountable
for completion of work to agreed standard; and/or
(iii) Solve
technical problems of some complexity; and
(iv) Document and
communicate technical data and information to staff and/or the public.
(c) Fulfil the
requirements for progression to Level 8 based on the assessment and appeals
processes agreed between the parties.
12.
Anti-Discrimination
12.1 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.
12.2 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 that, by its terms or operation, has a direct or indirect
discriminatory effect.
12.3 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.
12.4 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.
12.5 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.
NOTE:
(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."
13. Sick Leave to
Care for a Family Member
13.1 The provisions in
the Crown Employees (Public Service Conditions of Employment) Award 2009 with
respect to Sick Leave to Care for a Family Member will apply to staff covered
by this Award.
14. Savings and
Rights
14.1 No staff member
shall suffer a reduction in his or her rate of pay loss of or diminution of his
or her conditions or employment as a consequence of the making of this Award.
14.2 Should there be a
variation to the Crown Employees (Skilled Trades) Award, the Crown Employees
Wages Staff (Rates of Pay) Award 2011 or the Crown Employees (Parks and Gardens
- Horticulture And Rangers Staff) Reviewed Award 2012 or any award replacing
those awards, the staff covered by this Award will maintain the same rates of
pay relationship to the classification covered by the Crown Employees (Skilled
Trades) Award or the Crown Employees (Parks And Gardens - Horticulture and
Rangers Staff) Reviewed Award 2012 either by an application for variation, or
the making of a new Award.
15. Area, Incidence
and Duration
15.1 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Centennial Park And Moore
Park Trust Building And Mechanical Services Staff) Award 2007 published 12
October 2007 (363 IG 1358), as varied.
15.2 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 28 March 2012.
15.3 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Building and
|
Pay Rates
|
Pay Rates
|
Pay Rates
|
Pay Rates
|
Pay Rates
|
Pay Rates
|
Mechanical
|
Effective
|
Effective
|
Effective
|
Effective
|
Effective
|
Effective
|
Services Officer
|
1 July 2006
|
1 July 2007
|
1 July 2008
|
1 July 2009
|
1 July 2010
|
1 July 2011
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Level 5 Year 1
|
44,199
|
45,967
|
47,806
|
49,718
|
51,707
|
53,000
|
Level 5 Year 2
|
45,381
|
47,196
|
49,084
|
51,047
|
53,089
|
54,416
|
Level 6 Year 1
|
46,652
|
48,518
|
50,459
|
52,477
|
54,576
|
55,940
|
Level 6 Year 2
|
47,945
|
49,863
|
51,858
|
53,932
|
56,089
|
57,491
|
Level 7 Year 1
|
49,305
|
51,277
|
53,328
|
55,461
|
57,679
|
59,121
|
Level 7 Year 2
|
50,779
|
82,810
|
54,922
|
57,119
|
59,404
|
60,889
|
Level 8 Year 1
|
52,385
|
54,480
|
56,659
|
58,925
|
61,282
|
62,814
|
Level 8 Year 2
|
54,520
|
56,701
|
58,969
|
61,328
|
63,781
|
65,376
|
Table 2 - Allowances
Item
|
Clause
|
Brief Description
|
Amount
|
Amount
|
Amount
|
Amount
|
Amount
|
Amount
|
No.
|
No.
|
|
(1.7.06)
|
(1.7.07)
|
(1.7.08)
|
(1.7.09)
|
(1.7.10)
|
(1.7.11)
|
|
|
|
Per
|
Per
|
Per
|
Per
|
Per
|
Per
|
|
|
|
Year
|
Year
|
Year
|
Year
|
Year
|
Year
|
1
|
7.3.1
|
Chokage
|
1,752
|
1,822
|
1895
|
1971
|
2050
|
2101
|
2
|
7.3.2
|
Plumber and Drainer
|
|
|
|
|
|
|
|
|
when required to act on:
|
|
|
|
|
|
|
|
|
plumbers licence
|
1,829
|
1,902
|
1978
|
2057
|
2139
|
2192
|
|
|
gasfitters licence
|
1,829
|
1,902
|
1978
|
2057
|
2139
|
2192
|
|
|
drainers licence
|
1,829
|
1,902
|
1978
|
2057
|
2139
|
2192
|
3
|
7.3.2
|
plumbers and gasfitters
|
|
|
|
|
|
|
|
|
licence
|
2,453
|
2,551
|
2653
|
2759
|
2869
|
2941
|
|
|
plumbers and drainers
|
|
|
|
|
|
|
|
|
licence
|
2,453
|
2,551
|
2653
|
2759
|
2869
|
2941
|
4
|
|
gasfitters and drainers
|
|
|
|
|
|
|
|
|
licence
|
2,453
|
2,551
|
2653
|
2759
|
2869
|
2941
|
|
7.3.2
|
plumbers, gasfitters and
|
|
|
|
|
|
|
|
|
drainers licence
|
3,390
|
3,526
|
3667
|
3814
|
3967
|
4067
|
5
|
7.3.2
|
Registration allowance
|
1,405
|
1,461
|
1519
|
1580
|
1643
|
1684
|
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.