Crown
Employees (NSW Department of Trade and Investment, Regional Infrastructure and
Services) Fisheries Staff Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 233 of 2012)
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Before The Honourable
Mr Justice Staff
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30 March 2012
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REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Parties to
the Award
3. Definitions
4. Salaries
5. Allowances
and Loadings
6. Hours of
Work and Working Hours Arrangements
7. Housing
8. Family and
Community Service Leave
9. Consultative
Arrangements
10. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
11. Working
From Home
12. Work and
Family Issues
13. Grievance
and Dispute Settling Procedures
14. Anti
Discrimination
15. Deduction
of Union Membership Fees
16. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2- Other Rates
and Allowances
Attachment A - Fisheries Technician Classification -
Competency Standards
Attachment B - Fisheries Officer Classification
-Competency Standards
PART A
1. Title
This Award shall be known as the Crown Employees (NSW
Department of Trade and Investment, Regional Infrastructure and Services)
Fisheries Staff Award.
2. Parties to the
Award
This Award is binding upon the Director General,
Department of Premier and Cabinet, the Public Service Association and
Professional Officers Association Amalgamated Union of New South Wales, the
Construction Forestry Mining and Energy Union (New South Wales Branch) and the
Electrical Trade Union of Australia, NSW Branch; in so much as it affects those
persons previously covered by the Crown Employees (Skilled Trades) Award
published 22 June 2001 (325 I.G. 749), as varied.
3. Definitions
"Association" or "Union" means the
Public Service Association and Professional Officers Association Amalgamated
Union of New South Wales, Construction Forestry Mining and Energy Union (NSW
Branch) or Electrical Trades Union, NSW Branch.
"Department" shall mean the NSW Department of
Trade and Investment, Regional Infrastructure and Services as established under
the Public Sector Employment and Management Act 2002.
"Department Head" shall mean the Director
General of the Department of Trade and Investment, Regional Infrastructure and
Services as established under the Public Sector Employment and Management
Act 2002.
"Director-General" means the Director-General
of NSW Department of Premier and Cabinet, a position established under the Public
Sector Employment and Management Act 2002.
"Employer" means the Director-General of NSW
Department of Premier and Cabinet, a position established under the Public
Sector Employment and Management Act 2002.
"Employees" means and includes all persons permanently
or temporarily employed under the provisions of the Public Sector Employment
and Management Act 2002, who, on the operative date or during the period of
operation of this award, occupy or are appointed to a position to perform the
duties and roles of the former NSW Fisheries within the Department.
NSW Fisheries was a Schedule 1 agency within the Public
Sector Employment and Management Act 2002. It now forms part of the NSW
Department of Trade and Investment, Regional Infrastructure and Services
"FPP" means the first full pay period.
"AFMA" means the Australian Fisheries Management
Authority.
4. Salaries
(i) The salaries as
set out in Table 1 - Salaries, of Part B, Monetary Rates, shall be applicable
to the classifications and gradings as specified in the said Table 1. The salaries are set in accordance with the
Crown Employees (Public Sector - Salaries 2008) Award and any variation or
replacement award.
(a) Loading for
Fisheries Officers -
(1) Due to the range
of times that Fisheries Officers may be required to work a salary loading of
13.7 per cent shall apply to all positions.
(2) The loading is
based on the following formula for a shift of 7.6 hours:
eight shifts every four weeks starting or finishing outside
7.30 am and 6.00 pm Mondays to Fridays;
one Saturday shift every four weeks between 7.30am to
6.00pm;
one Sunday shift every four weeks between 7.30am to
6.00pm;
ten shifts every four weeks between 7.30am and 6.00pm;
one shift on five public holidays every year between
7.30am and 6.00pm.
(3) Therefore, the
loading is calculated on the following formula:
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Additional loading
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every week
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Penalty equivalent in relation to 2 shifts each week
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other than day shifts of 7.6 hours @ 15 per cent
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extra based on 46 weeks on duty each year:
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2 x 7.6 x 0.15 x
46
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=
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2.0 hours
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52
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Penalty equivalent in relation to 7.6 hours on one
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Saturday (50 per cent extra) and one Sunday
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(75 per cent extra) each 4 weeks:
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3.8 + 5.7 x 46 ¸ 52
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=
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2.1 hours
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4
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Penalty equivalent in relation to 7.6 hours worked on
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5 public holidays each year (150 per cent) extra:
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7.6 x 5 x 1.5 ¸ 52
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=
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1.1 hours
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5.2 hours
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In order to load the base salary by 5.2 hours an
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addition of 13.7 per cent is required:
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(b) Fisheries Technicians
- Existing employees remain eligible to progress to the maximum rate available
in their previous classifications, subject to meeting competency standards.
(c) Loading for Fish
Hatchery Staff - The loading is paid to employees who are required to regularly
work outside normal working hours.
Due to the range of times Managers and Assistant
Managers may be required to work, a salary loading of 11.05 per cent shall be
applied to their positions. Guides and
attendants at hatcheries who are also required to work such hours will also be
entitled to the payment of the loading.
5. Allowances and
Loadings
(a) Annual Leave
Loading - The 17.5 per cent annual leave loading will be paid to all employees
on the first available pay day in December of each year, and be based on the
annual leave accrued during the preceding period between 1 December and 30
November
(b) Sea Going
Allowance - An employee who is absent from his/her port of departure for ten
hours or more shall be entitled to the provisions of the following clauses of
the Crown Employees (Public Service Conditions of Employment) Award 2009 , as
varied or replaced.
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Clause 26:
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Travelling Compensation
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Clause 27:
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Excess Travelling Time
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Clause 28:
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Waiting Time
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Clause 29:
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Meal Expenses on One-Way Journeys
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Clause 30:
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Restrictions on Payment of Travelling Allowances
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Clause 31:
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Increase or Reduction in Payment of Travelling Allowances
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Clause 32:
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Production of Receipts
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Clause 33:
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Travelling Distance
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(c) Freezer
Inspection Allowance - A Fisheries Officer who undertakes an AFMA inspection of
freezer hold(s) on a fishing vessel shall be paid an allowance - for each
inspection for each vessel for each day - as set out in Item 1 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
(d) Regional Dive
Coordinator Allowance is paid for a temporary assignment to perform the
additional responsibilities of the role in accordance with the Department’s
Diving Code of Practice. Appointment
will be for a period of up to 3 years and as a result of an Expression of
Interest. The allowance is set out in
Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates and
is adjusted in accordance with the percentage increase applying to salary
rates.
(e) Regional Dive
Officer Allowance is paid for a temporary assignment, reporting to the Regional
Dive Coordinator, to perform the additional responsibilities of the role in
accordance with the Department’s Diving Code of Practice. Appointment will be
for a period of up to 3 years and as a result of an Expression of
Interest. The allowance is set out in
Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates and
is adjusted in accordance with the percentage increase applying to salary
rates.
6. Hours of Work and
Working Hours Arrangements
(a) Flexible Work
Hours - The provisions of this clause are available to all employees other than
Fisheries Officers, Managers and Assistant Managers at hatcheries and employees
covered by senior and chief executive service arrangements.
(i) General - A
flexible approach to hours of work will be adopted in relation to working hours
and working arrangements within the parameters of the business needs of the
Department
A flexible working hours system is established whereby
individual employees may select their starting and finishing times, subject to
the business needs of the Department.
The system has been developed on the understanding that service delivery
standards are maintained at all times.
It is expected that employees and managers of work units will actively
participate in the development and implementation of mutually acceptable
working arrangements that recognise the obligations and responsibilities of
each. An objective of these
arrangements is to provide for better time management within the Department and
to preclude the excessive accruals and/or forfeiture of hours.
The following provisions replace in full arrangements
established under clause 21, Flexible Working Hours, of the Crown Employees
(Public Service Conditions of Employment) Award 2009 as varied or replaced..
(ii) Hours Worked -
An employee may only accumulate credit hours in excess of the minimum daily
contract hours where work is available and it is convenient to the Department
for the employee to work.
Nothing in this award will prevent the Department Head
from reverting to standard ordinary working hours where it is evident that an
employee is not observing the conditions of this clause and any associated
administrative instructions or not maintaining a satisfactory level of conduct
or performance of duty.
Standard hours are 8.30am to 4.30pm Monday to Friday
with a one hour lunch break.
(iii) Bandwidth -
Bandwidth is the period during the day when an employee may record time worked
and shall be from 7.30am to 6.00pm Monday to Friday.
Time may be credited to an employee for work undertaken
outside the bandwidth if prior approval is obtained.
By mutual agreement, the Department Head may vary the
bandwidth period for an individual employee on either a permanent or temporary
basis.
Where an employee, by mutual agreement, works outside
the bandwidth period to meet specific work requirements, then hours worked
outside the bandwidth will be credited at time and a half and meal allowances,
if appropriate, will be paid. The
provisions of the Shift Work and Overtime clauses of the Crown Employees
(Public Service Conditions of Employment) Award 2009 as varied or replaced
continue to apply when staff are directed to work outside the bandwidth times.
An employee may refuse to work additional hours or
overtime in circumstances where the working of such hours would result in the
employee working unreasonable hours. In
determining what is unreasonable the following factors shall be taken into
account:
1. the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements,
2. any risk to
employee health and safety,
3. the urgency of
the work required to be performed during additional hours or overtime, the
impact on the operational commitments of the organisation and the effect on
client services,
4. the notice (if
any) given by the Department Head regarding the working of the overtime or
additional hours, and by the employee of their intention to refuse the working
of additional hours, or
5. any other
relevant matter.
(iv) Coretime -
Coretime shall generally be between 9.30 am and 3.30 pm and all employees are
required to be on duty, unless on authorised leave.
The luncheon period is not part of core time.
By mutual agreement, the Department Head may vary the
core time period for an individual employee on either a permanent or temporary
basis.
(v) Luncheon Period and
Meal Breaks - An employee is entitled to take a luncheon period of one hour
between 11.30am and 2.30pm.
By mutual agreement, the Department Head may vary the
luncheon period for an individual employee on either a permanent or temporary
basis.
An employee may extend the luncheon period to a maximum
of two and a half hours, but only with prior approval. Such an extension must not prevent the
proper functioning of the Department or the specific work area to which the
employee is attached.
An employee may reduce the luncheon break on the basis
that a minimum of thirty minutes is taken.
An employee will not be required to be on duty without
a luncheon break for more than five hours from the time of commencement.
(vi) Contract Hours -
The daily contract hours for an employee are the weekly hours divided by five.
Contract hours for a settlement period is the normal
weekly hours multiplied by four.
When leave for part of a day is involved, the amount of
leave to be applied for is to be determined by subtracting the hours worked on
that day from the daily contract hours.
(vii) Accumulation
and Carry Over of Hours - An employee may accumulate credit or debit hours
throughout a settlement period, provided that at the end of the settlement period
the number of credit hours carried forward does not exceed 35 hours and debit
hours does not exceed 10 hours.
Where an employee’s accumulation of credit hours at the
end of a settlement period exceeds 35 hours, the excess hours shall be
forfeited.
The Department Head shall make every effort to ensure
that an employee does not forfeit excess credit hours at the conclusion of
settlement periods as a result of requests for flexible hours or flexi leave
being refused.
Where an employee's accumulation of debit hours at the
end of a settlement period exceeds 10 hours, the excess hours accumulated shall
be debited against the employee's accrued recreation leave or, should the
employee have no such leave available, shall be taken as leave without pay.
For the purpose of determining whether an employee has
accumulated credit or debit hours during a settlement period, the employee
shall be deemed to have notionally worked the daily contract hours or the
appropriate portion thereof on a day, or part of a day, upon which the employee
was absent on approved leave, not being flexi leave.
(viii) Flexi leave -
An employee may apply to take a maximum of five days flexi leave within each
settlement period. Leave may be taken
in multiples of a quarter of a day.
An employee must obtain approval prior to proceeding on
flexi leave.
It is not necessary for an employee to have a credit
balance when taking flexi leave.
Flexi leave may be taken before or immediately after
recreation leave. It may not be taken
during a period of recreation leave.
(ix) Commencement or
Cessation of Duty During Core time - Where an employee consistently commences
duty after the commencement of core time, including resumption after the
luncheon period, and provides no reasonable excuse the employee must apply for
the appropriate amount of leave without pay, or recreation leave if approved by
the Department Head, in multiples of a quarter of a day.
Where an employee ceases duty prior to the cessation of
core time without prior approval, the total period from the cessation time to
the normal business cessation time will be classified as leave without pay.
(x) Travelling on
Official Business - Any travel on official business during bandwidth times
shall be treated as time worked for the purposes of this clause.
Employees shall be compensated for travelling time
outside the bandwidth hours in accordance with the travelling compensation
provisions as prescribed in the Crown Employees (Public Service Conditions of
Employment) Award 2009 as varied or replaced.
(xi) Termination of
Service - Where an employee has an accumulation of debit hours at the
completion of the last day of service, the recreation leave or monies owing to
that employee shall be adjusted accordingly.
An employee may receive compensation for accumulated
credit hours outstanding as at the last day of service where an employee's
services are terminated without notice for reasons other than misconduct, and
where an application for a period of flexi-leave which would have eliminated
the accumulated credit hours was made during the period of notice of retirement
or resignation and was refused.
(b) Fisheries
Officers - For the purpose of this Award, working arrangements of Fisheries
Officers shall be 152 hours undertaken across any 20 days for each 28 calendar
day period and shall be undertaken at times to meet the specific service needs
of the Department.
By mutual agreement with a supervisor, a Fisheries
Officer may accumulate an additional 15.2 hours each four weeks which may be
carried forward to reduce the number of hours worked in the following four week
period, but must be taken during bandwidth hours (7.30am to 6.00pm) Monday to
Friday. Any accumulated hours not taken
during the next four week period will be forfeited.
Fisheries Officers must submit a work program to their
respective supervisor in advance for approval.
Such programs are to cover the next two weeks work period or any period
required by the Department Head.
Work programs may be amended at anytime by mutual
agreement or within the following:
Day Shifts Only - Programmed hours may be amended by a
supervisor with 24 hours notice, as long as new hours fall within the 7.30 am
to 6.00 pm bandwidth on the same day.
The new hours will be no longer than the hours originally scheduled to
be performed on that day.
Night/Weekend/Public Holiday Shifts Only - For
unprogrammed starts that commence within one hour of programmed starting times
the shift will commence early and not attract any overtime or penalty
provisions because of the early start.
For unprogrammed starts that commence more than one
hour before a programmed starting time, the period between the actual starting
time and the programmed starting time, or the ceasing of the unprogrammed duty
(whichever is the earliest), will attract overtime provisions. In such cases, the Fisheries Officer will be
required to work their programmed shift or take time in lieu from his/her
overtime entitlements.
Programmed Days Off - Where a Fisheries Officer is
directed to undertake work on a programmed day off all hours worked on that day
will attract overtime provisions.
Inland Weekend Work - A Fisheries Officer stationed in
an inland location can be directed to work a maximum of two complete weekends
each four week period totalling not more than 12 Saturdays and 12 Sundays on a
yearly basis.
A Fisheries Officer can be directed to work a maximum
of two ten-hour shifts in the field each four week period. A Fisheries Officer can only be directed to
work on a maximum of 20 days of each 28-day period. This can be exceeded by mutual agreement. By mutual agreement, work programs may
include split shifts.
Where a Fisheries Officer is directed to work a
ten-hour continuous shift, two unpaid meal breaks must be taken during the
shift. The second meal break will
attract a meal allowance as set out in Item 4 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
The meal allowance is set in accordance with the Overtime Meal
Allowances for breakfast, lunch and dinner in the Crown Employees (Public
Service Conditions of Employment) Award 2009 as varied or replaced.
Should a Fisheries Officer be required to work a period
longer than 14 consecutive hours, then that employee will take a ten hour break
before commencing work. If a break
occurs during, or overlaps, the next programmed hours of duty - those hours of
duty will still be credited. There will
be a minimum eight-hour break between directed shifts.
Any shift performed on a weekend outside the 7.30am to
6.00pm bandwidth times contributes towards a weekend duty and an out of hours
duty. Only one out of hours and one
weekend shift may be credited for each shift during weekend duty.
(c) Flexible Working
Hours for the Managers and Assistant Managers at Hatcheries - A flexible
working hours system, similar to the provisions set out in sub clause (a) of
this clause, will apply to Managers and Assistant Managers of trout hatcheries
with the following changes.
The normal working week will be 35 hours spread across
Monday to Sunday, - seven days each week.
Due to operational needs trout hatcheries will need to
be staffed, at a minimum level, on Saturdays, Sundays and public holidays and a
loading has been established under subclause (c ) of clause 4, Salaries, to
compensate Managers and Assistant Managers.
Generally, officers will be rostered on duty for ten
calendar days and rostered off duty for four calendar days.
7. Housing
(a) Operational
Needs - Due to operational needs, employees appointed to specific positions may
be required to occupy residences owned by the Department. Under this award, housing and rental
arrangements are established.
The Department Head is the sole judge in deciding if a
residence is required to meet the operational needs of the Department.
(b) Rental - a
weekly rental rate for Fisheries Officers occupying residences identified under
subclause (a) of this clause will be 30 per cent of the average market rate
across all similar Fisheries Officers' residences in the state. The market rate will be reviewed every 12
months or any other period as determined by the Department Head.
A weekly rental rate for Managers and Assistant
Managers of trout hatcheries occupying residences identified under subclause
(a) will be 30 per cent of the actual market rental. The market rate will be reviewed every twelve (12) months or any
other period as determined by the Department Head.
(c) General - The
weekly rental rate for premises that are essential for the operational
activities of the Department, and not occupied by Fisheries Officers or located
at Trout Hatcheries, will be set at 30 per cent of the market rental rate. The market rate will be reviewed every 12
months or any other period as determined by the Department Head.
(d) Where a
residence is not essential for operational activities an employee may, subject
to the Department Head approval, rent the premise at full market rental or at
any other rate as approved by the Department Head
(e) The Department
Head may dispose of a residence at any time, subject to the employee occupying
the residence being given at least six months notice to vacate the premise.
(f) During the term
of this award, an employee occupying a Departmental residence will be eligible
for assistance under the Crown Employees (Transferred Employees Compensation)
Award if the employee moves residence because the Departmental residence is
declared surplus to operational needs.
8. Family and
Community Service Leave
The following provisions replace the Family and
Community Services Leave provisions contained under clause 71 of the Crown
Employees (Public Service Conditions of Employment) Award 2009 as varied or
replaced.
The Department Head may grant paid Family and Community
Service Leave to an employee to meet family activities and community service
responsibilities as described clause 71.2 of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2012 as varied or replaced
The maximum amount of leave under this clause shall be
five working days in any period of 12 months; or the period calculated by
allowing one working day for each completed year of service after the
completion of the initial two years of service and deducting them from the total
amount of family and community service leave or short leave granted to the
employee, whichever is the greater period.
The parties agree that the definition of "a family
member" will be consistent with subclause 81.4.2 of clause 81, Sick Leave
to Care for a Family Member of the Crown Employees (Public Service Conditions
of Employment) Award 2009 as varied or replaced.
In cases of illness of a family member, whose care and
support the employee is responsible, paid sick leave in accordance with the
said clause 81 of the Crown Employees (Public Service Conditions of Employment)
Award 2009 as varied or replaced shall be granted when paid family and
community service leave is exhausted.
9. Consultative
Arrangements
This award will be monitored by a consultative
committee consisting of management and employee representatives.
The parties will meet as often as necessary to discuss
employee relations or industrial relations issues relating to staff covered by
this Award. including the resolution of any difficulties which may arise with
the implementation or operation of this award, and to discuss possible future
improvements to the employment conditions of staff.
10.
Salary Packaging Arrangements, Including Salary Sacrifice to
Superannuation
An employee may elect, subject to the agreement of the
Department, to enter into a Salary Packaging Arrangement in accordance with the
provisions of clause 5 of the Crown Employees (Public Sector - Salaries 2008)
Award or any variation or replacement Award.
11. Working from Home
It is accepted that the enhancement of family leave
provisions will assist employees to meet any urgent personal responsibilities
outside work and improve morale generally across the Department. The absence from the workplace may, however,
be seen as lost productivity.
It is proposed therefore to implement the availability
of working from home arrangements, on a case by case basis, where the nature of
the employee’s work lends itself to such arrangements.
This provision will be managed in accordance with the
Department’s Working from Home procedure.
12. Work and Family
Issues
The parties acknowledge that there may be a number of
issues external to the workplace which have an effect on the day-to-day and ongoing
performance and commitment of individuals within the Department.
The parties agree that small working groups consisting
of management and staff representatives may be established to consider any such
issues eg child care. These groups will
provide discussion paper(s) to the Department Head on the appropriateness,
costing and benefits of introducing such benefits to staff.
13. Grievance and
Dispute Settling Procedures
(a) 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.
(b) 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.
(c) 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 Department
Head or delegate.
(d) 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.
(e) 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 Department Head.
(f) The Department
Head may refer the matter to the Director General for consideration.
(g) If the matter
remains unresolved, the Department Head 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.
(h) An employee, at
any stage, may request to be represented by the Association/Union.
(i) The employee or
the Association/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.
(j) The employee,
Association/Union, Department and 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.
(k) Whilst the
procedures outlined in subclauses (a) to (j) 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 employee or member
of the public.
14. Anti
Discrimination
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.
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.
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.
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.
(e) 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.
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(2) 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. Deduction of
Union Membership Fees
(a) 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.
(b) 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 employer at least one month in advance of the variation taking
effect.
(c) Subject to (a)
and (b) above, 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.
(d) 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.
(e) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(f) 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.
16. Area, Incidence
and Duration
(a) The employees
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, Crown Employees (Public Service Conditions of Employment) Award 2009 and
the Crown Employees (Public Sector - Salaries 2008) Award or any awards
replacing these awards.
(b) This Award shall
apply to all employees engaged to perform duties and roles that can be
identified as a responsibility of the former NSW Fisheries in the Department of
Trade and Investment, Regional Infrastructure and Services.
(c) 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 IG 359) take effect on and from 30 March 2012.
Changes made to this award subsequent to it first being
published on 30 November 2007 (364 I.G. 570) have been incorporated into this
award as part of the review.
(d) 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
|
Administrative and Clerical
Officers
|
Common
|
|
First pay period
after
|
|
|
Salary
|
|
1.7.11
|
|
|
Point
|
|
Yearly Rate
|
|
|
|
|
$
|
|
General Scale -
|
|
|
|
|
Year 1
|
9
|
|
35,345
|
|
Year 2
|
17
|
|
40,662
|
|
Year 3
|
25
|
|
44,329
|
|
Year 4
|
32
|
|
47,108
|
|
Year 5
|
40
|
|
50,619
|
|
Fisheries Officers -
|
|
Base Salary
|
Loaded Salary
|
|
Clause 4 (i) (a) 13.7% Salary Loading
|
|
Yearly Rate
|
Yearly Rate
|
|
|
|
$
|
$
|
|
Grade 1 -
|
|
|
|
|
Year 1
|
52
|
56,509
|
64,251
|
|
Grade 2
|
|
|
|
|
Year 1
|
58
|
59,705
|
67,885
|
|
Year 2
|
64
|
63,425
|
72,114
|
|
Grade 3 -
|
|
|
|
|
Year 1
|
64
|
63,425
|
72,114
|
|
Year 2
|
67
|
65,376
|
74,332
|
|
District Fisheries Officer -
|
|
|
|
|
Year 1
|
78
|
72,702
|
82,662
|
|
Year 2
|
85
|
77,767
|
88,421
|
|
Supervising Fisheries Officer -
|
|
|
|
|
Year 1
|
101
|
91,303
|
103,811
|
|
Year 2
|
104
|
93,870
|
106,730
|
|
Fisheries Scientific Technician
|
|
|
|
|
Fisheries Maintenance Technician
|
|
|
|
|
Grade 1 -
|
|
|
|
|
Year 1
|
|
|
39,035
|
|
Year 2
|
|
|
41,659
|
|
Year 3
|
|
|
44,329
|
|
Year 4
|
|
|
46,918
|
|
Year 5
|
|
|
49,545
|
|
Year 6
|
|
|
52,169
|
|
Grade 2 -
|
|
|
|
|
Year 1
|
|
|
54,268
|
|
Year 2
|
|
|
57,121
|
|
Year 3
|
|
|
59,979
|
|
Grade 3 -
|
|
|
|
|
Year 1
|
|
|
62,834
|
|
Year 2
|
|
|
66,070
|
|
Year 3
|
|
|
71,253
|
|
Grade 4 -
|
|
|
|
|
Year 1
|
|
|
72,544
|
|
Year 2
|
|
|
74,735
|
|
Year 3
|
|
|
76,961
|
|
Grade 5 -
|
|
|
|
|
Year 1
|
|
|
79,783
|
|
Year 2
|
|
|
82,640
|
|
Year 3
|
|
|
85,928
|
|
Fish Hatchery Staff -
|
|
Base Salary
|
Loaded Salary
|
|
Clause 4 (i) (c) 11.05% Salary Loading
|
|
Yearly Rate
|
Yearly Rate
|
|
|
|
$
|
$
|
|
Assistant Manager -
|
|
|
|
|
Year 1
|
|
54,268
|
60,264
|
|
Year 2
|
|
57,121
|
63,433
|
|
Year 3
|
|
59,979
|
66,607
|
|
Manager -
|
|
|
|
|
Year 1
|
|
62,834
|
69,780
|
|
Year 2
|
|
66,070
|
73,371
|
|
Year 3
|
|
71,256
|
79,126
|
|
Senior Manager -
|
|
|
|
|
Year 1
|
|
|
126,896
|
|
Year 2
|
|
|
139,152
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
|
$
|
|
1
|
5 (c)
|
Freezer Inspection Allowance
|
30.00 for each
|
|
|
|
|
inspection, for
each
|
|
|
|
|
vessel, for each
day
|
|
2
|
5 (d)
|
Regional Dive Coordinator
|
1,810 pa
|
|
3
|
5 (e)
|
Regional Dive Officer
|
1,269 pa
|
|
4
|
6 (b)
|
Fisheries Officer - meal allowance where the second
|
|
|
|
|
break is taken
|
26.45
|
ATTACHMENT A
Fisheries Technician Classification - Competency
Standards
Fisheries Technician Classification - This Award
establishes the Fisheries Technician classification and replaces the previous
classifications of technical assistant, technical officer, senior technical
officer (scientific), tradesperson, gardener, foreperson and library
technician.
Details of competency standards, general position
responsibilities and qualities as well as progression criteria are outlined
below.
Fisheries Technician Grade 1 -
Years 1 - 3
Description: - Training position where technical skills
are acquired.
Responsibilities - Responsible for carrying out
relatively standard procedures under close supervision.
Essential qualifications -
School Certificate or equivalent.
Driver's Licence (where appropriate).
Essential qualities -
Ability to work within specific instructions and/or
standard procedures.
Ability to undertake on-the-job training or accredited
coursework relevant to the technical knowledge and skills required for
progression.
Progression criteria -
Progression between Years 1 to 3 based on carrying out
the duties to a satisfactory level.
Progression to Year 4 based on 12 months service at
Year 3, meeting Year 4 qualifications and the associated increased skills and
ability.
Years 4 - 6 -
Description - Specific technical skills have been
acquired through on the job training, formal qualifications and equivalent
experience.
Responsibilities - Responsible for carrying out
technical procedures under general supervision.
Essential qualifications -
Either TAFE Technical Qualification or three years
relevant work experience.
Driver's licence and boat licence (where appropriate).
Essential qualities -
Ability to work to specific instructions or standard procedures,
but may make minor changes and suggest improvements where appropriate.
Experienced with relevant methods and procedures,
associated with technical tasks.
Ability to undertake tasks of a technical nature
requiring some judgements to be made.
Progression criteria -
Progression between years 4 to 6 based on carrying out
the duties to a satisfactory level.
Skills associated with Grade 1 Fisheries Technicians -
The range of skills associated with specific positions will vary, however this
is a listing of the types of skills which are associated with Grade 1 Fisheries
Technicians.
Field related skills -
Boat handling
Sea safety
4WD experience/course
Advance driving
SCUBA diving certificate
Radio operators licence
Net making and repairing
Handling of nets, traps and other fish sampling gear
Fish tagging and recapture techniques
Remote area experience
Workshop related skills -
Operation of farm equipment (tractors, etc.)
Forklift driving
Welding
Explosive tools
Wood technology
Fibre glassing
Advanced electrical (motors, pumps)
Protective coating applications
Laboratory related skills -
Aquarium and pond maintenance
Live fish handling
Handling chemicals and hazardous goods
Laboratory techniques
Specimen identification (eg. fish taxonomy)
Technical equipment storage and maintenance
Office related skills -
Basic computer applications (spreadsheets, word
processing, databases)
Literature searching
Preparation of technical drawings, graphs, maps
Collecting, storing and collating data and work reports
Data entry
Filing and retrieving data sheets, etc. Basic
photography
Fisheries Technician Grade 2 -
Description - Positions required a wide range of advanced
technical skills acquired through formal training and on the job experience.
Responsibilities - Responsible for carrying out complex
technical procedures with limited or irregular supervision.
Essential qualifications -
TAFE technical qualification or equivalent.
Relevant work experience.
Driver's licence and boat licence (where appropriate).
Additional skills and/or qualifications specific to the
position.
Essential qualities -
Ability to work with limited direction and irregular
supervision.
Demonstrated problem solving abilities, including
modifications to standard procedures.
Ability to undertake on-the-job training or accredited
coursework relevant to the technical knowledge and skills required for
progression (eg. see skills associated with Grade 2).
Fisheries Technician Grade 3 -
Description - Positions require a range of advanced
technical skills together with supervision, communication and staff training
abilities.
Responsibilities - Responsible for carrying out complex
technical procedures and the associated supervision of staff, with limited
direction.
Essential qualifications -
TAFE technical qualification or equivalent.
Relevant work experience of at least three years.
Driver's licence and boat licence (where appropriate).
Additional skills and/or qualifications specific to the
position.
Essential qualities -
Ability to develop work programs based on technical
tasks and make changes to procedures where appropriate.
Wide experience with relevant methods and procedures
associated with technical tasks performed within the work unit or division.
Experience or ability to supervise technical staff and
provide (and advise on) the training of technical skills to junior staff.
Skills associated with Grade 2 and Grade 3 Fisheries
Technicians - The range of skills associated with specific positions will again
vary, however this is a listing of the types of skills which are associated
with Grade 2 and Grade 3 Fisheries Technicians.
Field related skills -
Coxswain’s certificate
First aid certificate
Appropriate commercial diving qualifications
Workshop related skills -
Advanced trades certificate
Supervision
Staff training
Laboratory related skills -
Pond and aquarium systems management
Advanced technical skills associated with fish
propagation
Specialist laboratory skills (eg. fish ageing, algal
culture)
Office related skills -
Basic financial management
Advanced computer (database maintenance, programming,
maintenance)
Data management
Report writing and presentation of results
Statistical analysis
Advanced photography
Public relations
Fisheries Technician Grade 4 -
Responsibilities - Responsible for supervising a
technically based work unit or task.
Essential qualifications -
TAFE technical qualification or equivalent.
Relevant work experience of at least six years.
Additional skills and/or qualifications specific to the
position.
Essential qualities -
Ability to supervise and manage a specific work unit
with a technical function, and/or
Advanced staff and financial management skills, and/or
Advanced skills associated with having the
responsibility for an essential technically based task.
Fisheries Technician Grade 5 -
Responsibilities - Responsible for the supervision and
leadership of a technically based work unit or task
Essential qualifications -
TAFE technical qualification or equivalent.
Relevant work experience of at least ten years.
Additional skills and/or qualifications specific to the
position.
Essential qualities -
Provide leadership and direction for a technically
based work unit or in an essential departmental function of a technical nature.
Skills associated with Grade 4 and Grade 5 Fisheries
Technicians - The range of skills associated with specific positions will again
vary, however this is a listing of the types of skills which are associated
with Grade 4 and Grade 5 Fisheries Technicians.
Management of technically based program
Financial management
Leadership
Co-ordination of large/complex technically based
programs
Advisory and publication of technical information
Public relations
ATTACHMENT B
Fisheries Officers
Classification - Competency Standards
Fisheries Officer Classification - This award establishes
a new structure for the Fisheries Officer Classification.
Details of competency standards and general position
responsibilities are outlined below.
Essential prior to recruitment -
Drivers Licence
Colour vision
Swimming ability (200m)
Medical fitness exam
Boat Licence
HSC or Equivalent
Fisheries Officer Grade 1 (Trainee) -
To complete induction/orientation
Computer/keyboard skills
Environmental awareness
Pass exams
12 months satisfactory service
Marine survival/sea safety *
Senior First Aid Certificate
Baton and handcuffing
Basic communication skills *
* Ongoing every two years
General responsibilities -
Requires specified qualifications or previous skills or
experience, and
Performs basic tasks and operates equipment for which
limited training is required.
Exercises no individual judgement in following
directions.
Works under direct supervision
Fisheries Officer Grade 2 -
Pre-requisite - Satisfies requirements for Fisheries
Officer Grade 1.
First Year -
Intermediate communication skills
Second Year -
Investigation methods
Conflict resolution
Supervision skills
Accounting procedures
Media skills
Commonwealth Legislation
General responsibilities -
Requires accredited training and special licences, and
adequate experience and special skills.
Performs work process at sub-FO Grade 3 level and
performs duties in charge of equipment and, maintains office systems, and
Exercises independent judgement at sub-FO Grade 3
level.
Works under limited supervision.
Uses good communication skills.
Possess sound knowledge of relevant legislation, policy
and procedures.
Fisheries Officer Grade 3 -
Pre-requisite - Coxswain’s certificate of competency or
equivalent.
First Year -
Software application skills
Operational planning
Sound knowledge of Commonwealth legislation
Complete basic management skills
Knowledge of all aspects of Commonwealth managed
fisheries
Knowledge of all aspects of State managed fisheries
Second Year -
Environmental assessment (DA's and fish kills)
Superior communication skills
Supervision
Financial management
General responsibilities -
Requires satisfactory achievement of Departmental
Competency Standards,
Performs duties of some complexity and is accountable for
completion of work to agreed standards.
Exercises some independent judgement
Leads small work team on assigned work or supervises
subordinate staff, and
Prepares, collates and analyses information in respect
to Fisheries Management and district operations.
Represent the Department at various meetings at
district level, and
Provides specialised advice and assistance to
Management in the formulation of management plans and regulations.
District Fisheries Officer -
Prerequisite - Coxswain’s certificate of competency or
equivalent.
|
Master Class V
|
) where appropriate
|
|
MED 3
|
)
|
First year and ongoing - Advanced management
(Financial, Human, Asset & Strategic Planning),
General responsibilities -
Responsible for effective co-ordination of work, or
scheduling basic training for Fisheries Officer Grade 1 to 3 under direct
supervision, problem solving, and
Exercises independent judgement and is accountable for
work performance.
Provides specialised advice and assistance to
Management in the formulation of Management Plans and Regulations.
Accountable for performance to meet deadlines, and/ or
performs work of complexity at a high level, and/or is competent in full range
of disciplines necessary to effectively manage a Fisheries District.
Communicates information to client groups.
Provides specialised advice and assistance to
Management in the formulation of Management Plans and Regulations.
Supervising Fisheries Officer -
Prerequisite - Coxswains certificate of competency or
equivalent.
|
Master Class V
|
) where appropriate
|
|
MED 3
|
)
|
First Year -
Management and administration
Occupational health and safety training
Mediation skills
Second Year -
Further management development
General responsibilities -
May require Master Class V and MED 3 Course.
Requires well developed management skills.
Demonstrated understanding of environmental issues.
Approves work programs and projects and allocates resources,
sets priorities and monitors performance against agreed standards, time frames
and budgets.
Responsible for the training and development of staff
in the zone.
Represents the Department as required at zone level and
regional level.
Communicates technical and other information to client
groups.
Provides specialised advice and assistance to
Management in the formulation of Management Plans and Regulations.
C.
G. STAFF J.
____________________
Printed by the
authority of the Industrial Registrar.