Crown Employees (NSW Department of Primary Industries - Forests NSW) Senior Staff Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 772 of 2007)

 

 

REVIEWED AWARD

 

Arrangement

 

Clause No.         Subject Matter

 

1          Title

2.         Definitions

3.         Salaries

4.         Salary Packaging Arrangements

5.         Family and Community Service Leave

6.         Dispute Resolution Procedure

7.         Uniforms

8.         Anti-Discrimination

9.         Savings of Rights

10.       Area, Incidence and Duration

 

1.  Title

 

This Award shall be known as the Crown Employees (NSW Department of Primary Industries - Forests NSW) Senior Staff Award.

 

2.  Definitions

 

"Act" shall mean the Public Sector Employment and Management Act 2002.

 

"Award" shall mean the Crown Employees (NSW Department of Primary Industries - Forests NSW) Senior Staff Award.

 

"Association" shall mean the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales.

 

"Officer" means and includes, all persons permanently or temporarily employed under the provisions of the Public Sector Employment and Management Act 2002, or other appropriate Acts, and who, as at the operative date of this Award were occupying positions covered by this Award, or who after that date, are appointed to or employed in one such position.

 

Forests NSW " means the Forestry Commission of New South Wales trading as Forests NSW.

 

"Senior Staff Enterprise Agreement" means Agreement No 19/95.

 

3.  Salaries

 

(1)        All officers shall be paid in accordance with the salary structure set out in Schedule 1 to this Award.

 

(2)        The Salary level and relevant point on the salary scale will continue to be determined through the OCR job evaluation methodology, and subject to satisfactory performance and service.

 

(3)        Salaries described herein are paid in lieu of those contained in the Senior Staff Enterprise Agreement No. 19/95.

 

4.  Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

An employee may elect, subject to the agreement of the Department Head, to enter into a Salary Packaging Arrangement in accordance with the provisions of clause 5 of the Crown Employees (Public Sector - Salaries 2007) Award or any variation or replacement award.

 

5.  Family and Community Service Leave, Personal/Carer's Leave and Flexible Use of Other Leave Entitlements

 

Refer to the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 for all entitlements.

 

6.  Disputes Resolution Procedures

 

All disputes or difficulties relating to the provisions of this Award shall 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.

 

(1)        An officer is required to notify (in writing or otherwise) 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.

 

(2)        Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti Discrimination Amendment Act 1977, as amended) 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.

 

(3)        The immediate manager or other appropriate officer shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) days, or as soon as practicable, of the matter being brought to attention.

 

(4)        If the matter remains unresolved with the immediate manager, the officer 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) days, or as soon as practicable. This sequence of reference to successive levels of management may be pursued by the member of staff until the matter is referred to the Department Head.

 

(5)        The Department Head may refer the matter to the Director of Public Employment (DPE) for consideration.

 

(6)        In the event that the matter remains unresolved, the Department Head shall provide a written response to the member of staff and any other party involved in the grievance, dispute or difficult, concerning action to be taken, or the reasons for not taking action, in relation to the matter.

 

(7)        An officer may request to be represented by an Association Representative.

 

(8)        The officer or Association on their behalf, or 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.

 

(9)        The officer, Association, Department and Director of Public Employment (DPE) shall agree to be bound by any lawful recommendation, order or determination by the New South Wales Industrial Relations Commission in relation to the grievance, dispute or difficulty.

 

(10)      Whilst the procedures are being followed, normal work undertaken prior to notification of the grievance or dispute shall continue unless otherwise agreed between the parties, or, in the case of a dispute involving Occupational Health and Safety.  If practicable, normal work shall proceed in such a manner to avoid any risk to the health and safety of any officer, or member of the public.

 

7.  Uniforms

 

Where Senior Staff are required to wear a uniform, the uniform will be provided in the terms of the Collateral Agreement with the Public Service Association of NSW.

 

8.  Anti-Discrimination

 

(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.

 

(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.

 

(3)        Under the Anti-Discrimination Act 1977, as amended, 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.

 

(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; as amended;

 

(d)        a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

NOTES -

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56 (d) of the Anti-Discrimination Act 1977, as amended, 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".

 

9.  Savings of Rights

 

(1)        At the time of making this Award, no officer covered by this Award will suffer a reduction in his or her rate of pay or any loss or diminution in his or her conditions of employment as a consequence of the making of this Award.

 

(2)        Should there be a variation of the Crown Employees (Public Sector - Salaries 2007) Award or an Award replacing that Award, senior staff will maintain the same salary relationship to the rest of the Public Service. Any such salary increase will be reflected in this Award either by variation to it or by the making of a new Award.

 

10.  Area, Incidence and Duration

 

This Award shall apply to all Senior Staff of the Forestry Commission of New South Wales (trading as Forests NSW) and currently covered by Enterprise Agreement No 19/95, and should be read in conjunction with the Enterprise Agreement.

 

This Award is made following a review under Section 19 of the Industrial Relations Act and rescinds and replaces the Forestry Commission of New South Wales (trading as State Forests of NSW) Senior Staff Award published 21 September 2001 (327 I.G. 1122) and the award review variation published 11 February 2005 (348 I.G. 499) and all variations thereof.

 

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 24 July 2007.

 

The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

Schedule 1

 

Senior Staff Salary Rates

 

Effective From The First Pay Period To Commence On Or After 1.7.07

 

 

 

 

J. P. GRAYSON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.