CROWN EMPLOYEES (CENTENNIAL PARK AND MOORE PARK TRUST BUILDING AND
MECHANICAL SERVICES STAFF 2001) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 965
of 2001)
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Before Mr Deputy President Sams
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28 May 2001
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REVIEWED AWARD
Crown Employees (Centennial Park & Moore Park Trust
Building and Mechanical Services Staff 2001) Award
ARRANGEMENT
PART A
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Clause No
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Subject Matter
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1.
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Title
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2.
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Parties
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3.
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Definitions
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4.
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Intention
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5.
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Workplace Reform
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6.
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Wage Rates
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7.
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General Conditions of Employment
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8.
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Consultative Committee
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9.
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Dispute Resolution Procedures
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10.
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Classification Standards
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11.
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Anti-Discrimination
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12.
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Carer's Leave
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13.
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Area, Incidence and Duration
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14.
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Savings and Rights
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PART B
MONETARY RATES
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Table 1
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Rates of Pay
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Table 2
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Allowances
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PART A
1. TITLE
This award shall be known as the Crown Employees (Centennial
Park and Moore Park Trust Building and Mechanical Services Staff 2001) Award.
2. PARTIES
2.1 This Award
has been made between the following parties:
* The Public
Employment Office
* The Centennial
Park and Moore Park Trust
* The New
South Wales Plumbers & Gasfitters Employees’ Union
* 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 Management Act, 1988 or the Centennial Park and Moore
Park Trust Act, 1988 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 NSW South Wales Plumbers & Gasfitters
Employees Union; 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 (Parks
and Gardens Horticulture and Rangers Staff) Award.
6.3 Apprentice
staff shall be paid a percentage of the rate of pay applicable to Level Five
(5), Year 1:
Year One-45%
Year Two-60%
Year Three-75%
Year Four-85%
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 Management Act, 1988 and the Public Sector Management
(General) Regulation 1996.
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 1997) Award, as varied.
7.7 Subject to a staff member making written
authorisation, the Centennial Park and Moore Park Trust shall deduct from the
staff member’s pay, subscriptions payable to a nominated industrial
organisation of employees (Union) and shall pay the deducted subscription to
such an organisation.
7.8 Where there is any inconsistency between
this Award and the relevant industrial instruments covering the Centennial Park
and Moore Park Trust and its staff, this Award shall prevail to the extent of
the inconsistency.
8. CONSULTATIVE COMMITTEE
8.1 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
10;
(ii) any other matters regarding the implementation of this Award.
8.2 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.
8.3 The
Committee shall meet from time to time as required.
8.4 Should the parties to the Committee fail
to reach agreement on any matter the Dispute Resolution Procedures outlined in
Clause 9 will be followed.
9. DISPUTE RESOLUTION
PROCEDURES
9.1 The aim of this procedure is to ensure
that, during the life of this Award, industrial disputes are prevented, or
resolved as quickly as possible, at the level at which they occur in the
workplace.
9.2 When a dispute or difficulty arises, or
is considered likely to occur, the following steps shall be followed:
Step 1: The matter is discussed between staff member(s)
and the supervisor involved. If the
matter remains unresolved, follow step 2.
Step 2: The matter is discussed between staff
member(s), the union delegate or staff member’s representative and their
supervisor. If the matter remains unresolved, follow step 3.
Step 3: The matter is discussed between the supervisor,
the Manager and the union delegate and/or union official or staff member’s
representative. If the matter remains unresolved, follow step 4.
Step 4: The matter is discussed between senior
representatives of the Centennial Park and Moore Park Trust management and the
relevant union and/or staff member’s representative.
The parties agree to exhaust the
conciliation process before considering Step 5. It is agreed that the parties
will not deliberately frustrate or delay those procedures.
Step 5: The matter may be referred by either party to
the Industrial Relations Commission to exercise its functions under the Industrial Relations Act, 1996.
9.3 Each of the steps will be followed within a
reasonable time frame having regard to the nature of the grievance of dispute.
9.4 The parties agree that normal work will
continue without disruption, while these procedures are followed.
9.5 Notwithstanding the intention of the
parties to follow the steps in Clause 9.2, it is acknowledged that there may be
limited circumstances where the parties may directly seek the assistance of the
Industrial Relations Commission.
10. CLASSIFICATION STANDARDS
10.1 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.
10.2 Broad banding
Classifications
10.2.1 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.
10.2.2 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.
10.3 The following
classification levels will apply:
10.3.1 - 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.
10.3.2 - 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.
10.3.3 - 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.
10.3.4
- 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.
11. 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 that, by its terms or
operation, has a direct or indirect discriminatory effect.
(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.
(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.
(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: Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
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."
12. CARER’S LEAVE
12.1 The definition of "family" and
"relative" for the purpose of this clause is the person who needs the
officer’s care and support and is referred to as the "person
concerned" and is:
(a) a spouse of the officer; or
(b) a de facto spouse, who in relation to a
person, is a person of the opposite sex to the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
(c) a child or an adult child (including an
adopted child, a step child, a foster child or an ex nuptial) parent (including
a foster parent and legal guardian), grandparent, grandchild or sibling of the
officer or spouse or de facto spouse of the officer; or
(d) a same sex partner who lives with the
officer as the de facto partner of that officer on a bona fide domestic basis;
or
(e) a relative of the officer who is a
member of the same household, where for the purposes of this paragraph:
(i) "relative" means a person related by blood,
marriage or affinity;
(ii) "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
(iii) "household" means a family
group living in the same domestic dwelling.
12.2 Use of sick
leave to care for a sick dependant - entitlement
(a) The entitlement to use sick leave in accordance with this
clause is subject to:
(i) the employee being responsible for the
care and support of the person concerned, and
(ii) the person concerned being as defined as above.
(b) An employee with responsibilities in
relation to a person who needs their care and support shall be entitled to use
sick leave available from that year’s annual sick leave entitlement minus any
sick leave taken from that year’s entitlement to provide care and support for
such persons when they are ill.
(c) Sick leave accumulates from year to
year. In addition to the current year’s
grant of sick leave, sick leave accrued from the previous 3 years may also be
accessed by an employee with responsibilities in relation to a person who needs
their care and support.
(d) In special circumstances, the Chief
Executive Officer may make a grant of additional sick leave. This grant can only be taken from sick leave
accrued prior to the period referred to in subclause 12.2 (c).
(e) If required, a medical certificate or
statutory declaration must be made by the employee to establish the illness of
the person concerned and that the illness is such to require care by another
person.
(f) The employee is not required to state
the exact nature of the relevant illness on either a medical certificate or
statutory declaration and has the right to choose which of the two methods to
use in the establishment of grounds for leave.
(g) Wherever practicable, the employee shall
give the Chief Executive Officer prior notice of the intention to take leave,
the name of the person requiring care and that person’s relationship to the
employee. They must also give reasons
for taking such leave and the estimated length of absence. If the employee is unable to notify the
Chief Executive Officer beforehand, notification should be given by telephone
at the first opportunity on the day of absence.
(h) In normal circumstances, the employee
must not take leave under this subclause where another person has taken leave to
care for the same person.
12.3 Time Off in
Lieu of Payment for Overtime
12.3.1 An employee may elect, with the consent of the
employer, to take time off in lieu of payment for overtime at a time or times agreed
with the employer within 12 months of the said election.
12.3.2 Overtime taken as time off during ordinary
time hours shall be taken at the ordinary time rate, that is an hour for each
hour worked.
12.3.3 If, having elected to take time as leave in
accordance with paragraph (3.1) of this subclause, the leave is not taken for
whatever reason payment for time accrued at overtime rates shall be made at the
expiry of the 12 month period or on termination.
12.3.4 Where no election is made in accordance with
the said paragraph (3.1), the employee shall be paid overtime rates in
accordance with the award.
12.4 Make-up Time
12.4.1 An employee may elect, with the consent of the
employer, to work "make-up time", under which the employee takes time
off ordinary hours, and works those hours at a later time, during the spread of
ordinary hours provided in the award, at the ordinary rate of pay.
13. AREA, INCIDENCE AND
DURATION
13.1 This Award shall apply to all persons
permanently or temporarily engaged by Centennial Park and Moore Park Trust who,
as at 21 November 1997 were occupying one of the positions covered by this
Award, or who after this date were appointed to or employed in one such
position.
13.2 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
1997) Award published 19 February 1999 (308 I.G. 428) as varied.
13.3 The changes made to the award in relation
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 18 December 1998 (308 IG 307) are set out in the attached Schedule and
take effect on 28 May 2001.
13.4 This award remains in force until varied
or rescinded, the period for which it was made having already expired.
14. SAVINGS AND RIGHTS
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.
2. Should there be a variation to the
Crown Employees (Skilled Trades) Award, the Crown Employees Wages Staff (Rates
of Pay) Award or the Crown Employees (Parks and Gardens Horticulture and
Rangers) State Award 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) State Award either
by an application for variation, or the making of a new Award.
PART B
MONETARY RATES
Table 1 - Rates of Pay
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Building and Mechanical Services Officer
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Rates of Pay
effective
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5 January 2001
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$
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Level 5 Year 1
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34,934
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Level 5 Year 2
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35,069
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Level 6 Year 1
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36,874
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Level 6 Year 2
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37,895
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Level 7 Year 1
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38,971
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Level 7 Year 2
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40,097
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Level 8 Year 1
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41,404
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Level 8 Year 2
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43,092
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Table 2 - Allowances
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Item No.
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Clause No.
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Brief Description
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Amount (1.1.01)
$ Per year
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1
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7.3.1
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Chokage
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233
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2
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7.3.2
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Plumber and Drainer when required to act on:
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-plumbers licence
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1,447
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-gasfitters licence
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1,447
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-drainers licence
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1,447
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3
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7.3.2
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-plumbers and gasfitters licence
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1,943
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-plumbers and drainers licence
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1,943
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4
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-gasfitters and drainers licence
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1,943
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7.3.2
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-plumbers, gasfitters and drainers licence
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2,677
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5
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7.3.2
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Registration allowance
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1,110
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P. J. SAMS D.P.
___________________
Printed by the authority of the Industrial Registrar.