INDEPENDENT COMMISSION AGAINST CORRUPTION AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Independent Commission Against Corruption.

 

(No. IRC 4421 of 2002)

 

 

AWARD

 

Clause No.          Subject Matter

 

1.         The Name of This Award

2.         Dictionary of Terms used in This Award

3.         The Aims of This Award

4.         Communication and Consultation

5.         ICAC Officer Classification and Salary Structure

6.         Basis of Employment in the ICAC

7.         Performance Management and Salary Increments

8.         Training and Development

9.         Redundancy and Redeployment

10.       Conditions of Employment

10.1      Hours of Employment - Flexible Working Hours Scheme (FWH)

10.2      Flexible Work Arrangements (FWA)

10.3      Leave

10.4      Travelling Time Compensation

10.5      Overtime

10.6      Performing Higher Duties

10.7      Allowances and Loadings

11.       Child Care

12.       Grievance and Dispute Resolution

13.       Variations to This Award and No Further Claims

14.       Area, Incidence and Duration of This Award

15.       Negotiating the Next Industrial Instrument

16.       Anti-Discrimination

17.       Salary Packaging

 

Schedule 1 - ICAC Officer Classification Salary Rates as at   4 January 2002

Schedule 2 - Allowance Rates as at 5 January 2002

 

1.  The Name of This Award

 

This Award will be known as the Independent Commission Against Corruption Award.

 

2.  Dictionary of Terms Used in This Award

 

Commission - the Independent Commission Against Corruption

 

ICAC - the Independent Commission Against Corruption

 

PSA - the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

 

Executive - the ICAC's statutory officers and Executive Directors.

 

Commissioner - the Commissioner of the ICAC.

 

3.  The Aims of This Award

 

The Commission is a statutory body set up under the ICAC Act 1988 to expose and minimise corruption in the NSW public sector.  This Award documents the conditions of employment and the rights and obligations of management and staff that will help to achieve this objective.

 

This Award was negotiated by the ICAC Enterprise Bargaining Committee comprised of three staff, a Public Service Association officer and two management representatives.  Staff were consulted throughout the development of the Award and have agreed to this Award.

 

The Award aims to achieve the following outcomes:

 

to improve the efficiency and productivity of the ICAC

 

to enhance our culture of consultation

 

to provide equitable remuneration and conditions of employment

 

to provide information on conditions of employment in plain English

 

to improve the development and utilisation of staff

 

We are committed to certain fundamental values in all our interactions with public sector agencies, other organisations, individuals and our staff.  We will:

 

advance the public interest at all times

 

always act ethically and with integrity

 

be fair, impartial and accountable in all our work

 

strive for excellence in everything we do

 

be tenacious and professional in pursuing our aim

 

respect each other and work collaboratively

 

preserve the ICAC’s independence.

 

This Award rescinds and replaces all other industrial instruments except as referred to in this document.

 

4.  Communication and Consultation

 

The Commission Consultative Group (CCG) is the formal mechanism for consultation and communication between staff) and management on matters of policy and procedure.

 

Purpose - to improve performance through consultation leading to informed decision making.

 

Role - to consider issues of policy or procedure, with Commission-wide significance, as referred by staff and management. Generally, the CCG provides a consultative forum for developing or reviewing policies, procedures, and/or recommendations as to final policy or procedure to the Commissioner or manager with delegated authority.  Delegation to the CCG of decision-making power in suitable matters will also be an option for the Executive.

 

PSA representation - a PSA industrial staff representative.

 

Staff representation - there are five staff representatives, at least one of whom is a delegate of the PSA. Representatives are elected by secret ballot and are appointed for a period of two years.

 

The Executive representation - three Executive representatives are appointed by the Commissioner for a period of two years.

 

Principles

 

1.          As the peak consultative body of the ICAC, it is the main body through which communication and consultation shall occur on any issue affecting conditions of employment, including policy and procedures.

 

2.          The CCG is the forum for overseeing the implementation of the Award and considering the need for any variations to it. All Award negotiations will be conducted with the PSA.

 

3.          The CCG will focus on policies and procedures which have a Commission wide impact.  Therefore the CCG will not be involved in making operational decisions about the conduct of investigations but it can make strategic suggestions for investigations, corruption prevention or education work.

 

4.          The CCG is not the forum for addressing individual issues.  Therefore the CCG must avoid duplication of matters appropriately handled by other consultative forums and internal structures.

 

5.          The CCG will develop a Memorandum of Understanding relating to general principles of operation and meeting procedures of the CCG.

 

6.          CCG's decision making will operate by consensus not by vote.  Where negotiation and discussion can not reach an agreed position, the Commissioner or relevant Manager will be presented with alternatives for consideration.

 

7.          The CCG will maximise staff participation and consultation in decision making.  The CCG will provide appropriate opportunities for staff to participate by using sub-committees, focus groups, presentations and seminars in its consideration of matters.

 

8.          CCG meeting procedures will foster full and frank discussions such that staff and management representatives are free to express opinions prior to forming concluded views.

 

Operation - The CCG determines its own meeting procedure, time for meeting and requirements for administrative support.

 

Meetings - will be held regularly.  All staff will generally have the right to attend and contribute to the discussion under the rules of debate.  In camera meetings are available to discuss confidential matters.  The agenda will be publicised before each meeting.

 

Other committees - The Access and Equity Committee, the Occupational Health & Safety Committee and the Classification Committee report to the Commissioner through the CCG.  The CCG will ensure that these committees are appropriately structured and operate in accordance with relevant legislation, that election procedures are appropriate, and that membership is balanced by gender and is representative of the staff.

 

5.  ICAC Officer Classification and Salary Structure

 

The ICAC Officer classification Grades 1 - 8 have regard to the following principles:

 

work of equal value attracts equal remuneration a structure reflecting a composite weighting of the markets from which the Commission recruits its employees

 

a structure which supports improved performance.

 

The ICAC Officer salary rates appear in Schedule 1.

 

Commencing in 2002, the job evaluation methodology as offered by Cullen Egan Dell (commonly referred to as the CED job evaluation methodology) will be used to determine the work value of positions within the classification Grades.

 

The salary structure has regard for equivalent work value and salaries in the following markets:

 

NSW public sector (Administrative and Clerical and Legal).

 

Police/Investigator (NSW, Federal, National Crime Authority).

 

Private sector (Information Technology).

 

Staff on personal salaries arising from the ICAC Enterprise Agreement 1994 will have their salary rate maintained while they continue to perform the same or similar duties until their maintained rate equals the work value rate for the position they occupy.

 

The CCG will examine the ICAC Officer classification system in order to consider the benefits of reducing the number of grades and salary points, improve opportunities for progression to positions at higher grades through the introduction of "soft barriers" or other measures, and other changes suggested by the Executive or staff.  The review of the classification system will also examine gender equity issues in the distribution of staff at the various grades.  This shall be done with a view to implementation in the next Award.

 

The CCG will also review Commission wide delegations to ensure that they are in line with best practice and provide the most efficient and effective operating systems for the Commission.  An appropriate set of delegations will be recommended to the Commissioner within six months of the making of this Award.

 

ICAC staff covered by this Award will receive a 3% salary increase from the first pay period in January 2002.

 

6.  Basis of Employment in the ICAC

 

The basis of employment in the Commission is permanent (either full-time or part-time), that is, continuing employment subject to satisfactory work performance and conduct.

 

The Commission may engage employees other than permanent employees.  These employees may be part-time, casual, fixed term, or secondees and will be engaged when:

 

(a)        specialist skills, expertise or experience that do not exist in the current workforce are required and the position will not be required on an ongoing basis.

 

(b)        a position is vacant because an employee is on approved leave of absence.

 

It is the intention of the parties that the Commission’s recruitment policy will indicate the steps to be taken to determine the availability of specialist skills, expertise or experience within the Commission prior to the initiation of any external action.

 

Satisfactory performance encompasses, but is not limited to:

 

satisfactory discharge of duties as incorporated in the individual performance agreement .

 

participation in corporate activities.

 

commitment to and participation in training and development opportunities.

 

Satisfactory conduct encompasses, but is not limited to:

 

observing the law

 

observing Commission policies and procedures

 

observing ethical standards of behaviour as set out in the Commission's Code of Conduct.

 

S.104 of ICAC Act 1988 removes staff's right of appeal against termination and dismissal to the Government and Related Employees Appeal Tribunal and the NSW industrial courts.  However staff may have appeal rights under Federal legislation.

 

The Commission will, wherever possible, follow the management practices relating to termination and dismissal prescribed in legislation that affects NSW employers.

 

Secondments - Recruits may decide to be seconded or come to the Commission on Leave Without Pay from their substantive employer.  Where a recruit decides to do this, the Commission requires a minimum period of employment of two years.  Further extensions of no less than one year, provided performance and conduct are satisfactory, will be considered.  Staff currently on secondment or leave without pay may apply to resign from their substantive employment and join the Commission as a permanent member of staff in their current job, provided performance and conduct are satisfactory and, where possible, three months’ notice is given.  This opportunity is not available to temporary employees.

 

Resignation - 4 weeks notice in writing is required unless the Commission agrees to a lesser period of notice.

 

Termination of employment - 4 weeks notice shall be given by staff; or in lieu of notice, the Commission may grant payment in lieu.

 

7.  Performance Management and Salary Increments

 

The aims of the Commission's performance management system are:

 

to establish a climate of continuous improvement within the Commission

 

to match individual staff performance objectives with Commission performance objectives and Corporate and Strategic Plans.

 

to provide a process that ensures honest communication between staff and supervisors about the work they do, how it is done and how performance is measured

 

to ensure the identification of training and development needs in line with requirements of the individual and the Commission.

 

The Commission’s performance management system is based on an annual performance agreement between staff and their supervisor.  The annual performance agreement sets out the agreed outcomes to be measured and how these outcomes will be measured (i.e. performance measures).

 

There are stages to be completed each year for the Commission’s performance management system, which will occur at a common time for all employees, are:

 

1.          establishment of a performance agreement - May/June

 

2.          6-Monthly Review - December

 

3.          Annual review - May/June

 

Progression through the salary points in the ICAC Officer range is based on performance under the Commission’s performance management system.  The Annual Review includes an overall assessment of performance using the following five point scale:

 

Outstanding - where performance has consistently and substantially far exceeded the expectations and results previously agreed upon. The staff member has made significant contributions toward meeting corporate goals and priorities.

 

Creditable - where performance has fully met the requirements agreed to, and exceeded requirements on major projects/tasks.

 

Competent - where the requirements of the performance agreement are fully met.

 

Marginal - where fundamental requirements of the performance agreement have been met but results are not as agreed and included in the performance agreement.

 

Unacceptable - where performance has not met the requirements of the performance agreement.

 

By agreement, all staff have moved to a common increment date.  The transition arrangements are:

 

(A)       Staff whose increment falls due between 1 July and 31 December 1997 will have their increment date bought forward to the first pay period commencing on or after 1 July 1997, subject to satisfactory performance under the Commission’s performance management system.  From then on their increment review date will be the first pay period commencing on or after 1 July each year.

 

(B)       Staff whose increment falls due between 1 January and 30 June 1998 will be paid their increment in July 1998 instead of earlier.  In recognition of this, two incremental steps will be paid from the first pay period commencing on or after 1 July 1998, instead of the usual single step, subject to satisfactory performance under the Commission’s performance management system..  Staff in this group who are on the fourth step of the five step increment scale will receive back payment of their increment for the period from the current due date to the first pay period commencing on or after 1 July 1998 in lieu of a two step increment.  From then on their increment review date will be on the first pay period commencing on or after 1 July each year.  Staff in this group who leave the ICAC before the first pay period commencing on or after 1 July 1998 will be back paid their increment to its former date.

 

For staff commencing employment or promoted after 1 July 1997, their increment will be eligible for payment in the first pay period commencing on or after 1 July each year, not on the anniversary of their appointment.  For example, someone starting work or promoted on 2 September 1997 would be eligible for payment of their increment in July 1998, subject to satisfactory performance.

 

Where someone started work or was promoted on, for example 2 April 1998, they would also be eligible for payment of an increment in July 1998.  Where it is found that the period between appointment or promotion and July is too short to determine if their performance warrants payment of an increment, the next increment date would be July 1999.

 

8.  Training and Development

 

The Commission is committed to providing training and development activities that aim to increase the skills, knowledge and experience of staff.  The activities provided include:

 

job relevant training

 

refresher courses

 

new skills training

 

participation in corporate activities

 

opportunities to do work at a similar or higher grade within the Commission, or on secondment to other agencies.

 

transfer, promotion or secondment opportunities.

 

training where performance has been identified as inadequate.

 

other career development opportunities relevant to the work of the Commission.

 

The CCG will oversee the implementation of the Commission's Training and Development Policy, taking into account:

 

the needs of all employees.

 

access is fair and in line with EEO principles.

 

corporate or Unit planning or training arising out of the Commission’s performance management program.

 

the level of resources needed in implementing the program and the most effective way of using those resources.

 

9.  Redundancy and Redeployment

 

Staff and management are covered by the provisions of the NSW Premier's Department's 'Managing Excess Employees' Policy’ for redundancy and redeployment.

 

10.  Conditions of Employment

 

The ICAC's conditions of employment are based on NSW public service conditions at the date of the making of this Award.  Changes in public service Awards and/or conditions of employment that occur after the making of this Award will be referred to the CCG for consideration and possible recommendation to the Commissioner.  If it is decided they should apply, this Award will be varied in accordance with the Industrial Relations Act 1996.

 

In setting conditions of service for staff of the Commission regard will be given to the provisions of the Crown Employees (Public Service Conditions of Employment 1997) Award.

 

Conditions of service for staff of the Commission will not be less than those set out in the above Award, however the ways in which these benefits are calculated and/or delivered may vary to suit the operational and other needs of the Commission.  Any changes to conditions of service will be made in consultation with the CCG.  Where they differ, Field Officer conditions are defined in policy documents held at the ICAC.

 

The conditions of employment described in this Clause are established under this Award.  The description is however a summary and must be read in conjunction with the relevant ICAC policy.  References to the Personnel Handbook in ICAC Policies will be replaced by references to this Award.  Until that replacement process is finalised, the provisions of the current policies will continue to apply.  The update of policies will involve the CCG and will be completed within six months of the making of this Award.

 

Staff transferring to the Commission from other NSW public sector agencies may be able to transfer some of their existing entitlements to the Commission consistent with NSW public sector mobility provisions.

 

10.1      Hours of Employment - Flexible Working Hours Scheme (FWHS)

 

Effective from 1 November 1998 the Flexible Working Hours Scheme within the Commission will operate as follows.  For any period prior to this date the provisions of the former ICAC Enterprise Agreement 1994 prevail.

 

Purpose - to improve organisational performance and to provide the Executive and employees with flexibility in arranging working hours.

 

Principles - In order that staffing levels are sufficient to meet operational requirements, the Guarantee of Service and performance standards, management and staff are committed to ensuring that:

 

decisions regarding working hours will be made taking into account the requirements of the particular Section, Unit or team and the Commission

 

decisions regarding working hours will be made between an employee and their direct supervisor based on consultation and negotiation

 

supervisors will notify staff of the need to change hours as soon as practicable

 

staff will give reasonable notice of request for flex leave.

 

Field Officers - Management recognises the need for greater flexibility in managing the flexible working hours scheme for field officers and allows for variations in recognition of the employment situation of field staff.

 

Hours of work - 7 hours/day, 35 hours/week, Monday to Friday.

 

Commission's daily hours of business - 9 am to 5 pm.

 

Daily period in which work is to be performed (bandwidth) - 7.30 am to 7.00 pm.  This period may be varied with the agreement of staff and their supervisor to meet Commission or staff needs.  If the bandwidth is altered, flex is accrued after 7 hours work (excluding meal breaks) and overtime after 11.5 hours from the start of the altered bandwidth.

 

Minimum hours to be worked each day - 5 hours.

 

Maximum hours to be worked each day - 10, unless approved otherwise.

 

Meal break - Minimum of 30 minutes every 5 hours. Field Officer meal breaks are defined in a policy document held at the ICAC.

 

Flex Period - 140 hours (4 weeks).

 

Maximum Flex Leave that can be taken in any financial year - 26 days. This includes both flex and banked flex leave.

 

Carry over credit at end of Flex Period - up to 21 hours.

 

Carry over debit at end of Flex Period - up to 10 hours.  Debits in excess of 10 hours must be offset by an application for Annual Leave.

 

Flex Leave (FL) and Banked Flex Leave (BFL) that can be taken in a Flex Period - 21 hours.  The minimum amount of FL that can be used is 1 hour.  FL may be taken at the beginning and/or end of a period of other leave. Only two days flex and/or banked flex leave can be taken consecutively in any one flex period.  A maximum of one other single day flex or banked flex leave may also be taken in the same flex period.  Flex and/or banked flex leave of three or more consecutive days must be taken in conjunction with a minimum of seven days annual leave.

 

Banked Flex Leave - Working hours in excess of the 21 hour carry over credit may be banked.  The maximum hours to be banked is up to 21 hours.  The minimum amount of BFL that can be used is 1 hour.  BFL may be taken in conjunction with Flex leave and at the beginning and/or end of a period of other leave.

 

Flex Record - Staff must maintain current and accurate records of their working hours on the Commission's Flex Record.  Data from the Record will be analysed from time to time.

 

Review - The adjustments made in this flex scheme as compared with that in the former ICAC Enterprise Agreement 1994 will be reviewed by the CCG no later than twelve months after this Award comes into effect.

 

10.2      Flexible Work Arrangements (FWA)

 

This Award aims to provide assistance to staff in balancing their personal and work commitments.  This enables the Commission to be more flexible in the delivery of its services and to improve the satisfaction of staff.  FWA will only be available with the agreement of management.  All conditions of employment in this Award apply on a pro-rata basis.

 

The following FWA are available:

 

Permanent Part-time Employment - enables staff to permanently work hours which are less than the full-time weekly hours of their position.

 

Part-time Leave Without Pay - enables staff to work on a part-time basis for a period of time, either by cutting hours in their current position or by doing other duties.  At the end of the period they return to full-time work.

 

Part Year Employment - enables staff to work for an agreed number of weeks per year, with an agreed number of unpaid weeks.

 

Job Sharing - enables a job to be shared by two or more staff. They may be employed on a part-time basis or may be full-time employees taking part-time leave without pay.

 

Working at home - Staff may work at home from time to time if it is an efficient and effective way of working and the outcomes to be achieved are agreed to by their supervisor.  The documented security policies and procedures relating to this provision must be adhered to at all times.  The CCG will examine the feasibility of WAH on a long-term basis before the expiration of this Award.

 

A permanent member of staff, originally employed on a full-time basis and currently working in a FWA has the right to return to full-time employment. In such a case they will be paid at their substantive salary level but may not be able return to the work carried out before entering the FWA in accordance with the ICAC Policy.

 

10.3      Leave

 

10.3.1               Annual Leave

 

Staff are entitled to 20 working days/140 hours annual leave per year.  Annual leave accrues at the rate of 1.67 working days/11.62 hours per month and may be taken in periods of not less than 1/4 day.  At least 2 weeks annual leave must be taken each financial year.  To enable better planning of annual leave and flex and banked flex leave, and to ensure better availability of staff throughout the year, staff undertake to manage their annual leave to give the Commission maximum notice of their wishes.  The Commission, will, wherever possible, meet the leave requirements of staff, however, the taking of annual leave is subject to Commission convenience.

 

An annual leave entitlement does not accrue during any periods of unpaid leave except for periods of sick leave without pay.

 

Staff annual leave balances at 30 June each year must be less than or equal to 40 working days/280 hours unless approved otherwise or leave in excess of 40 days/280 hours will be forfeited.

 

10.3.2               Concessional Leave

 

At Christmas, where the Premier grants concessional leave, the Commissioner may make a similar grant to Commission staff provided that adequate service to the public is maintained.  Advice to staff on whether the leave is available, as well as the relevant conditions, will be provided at least two weeks prior to Christmas each year.

 

10.3.3               Easter Thursday

 

The Commissioner may grant access to an additional ½ day flex leave on the afternoon of Easter Thursday in the flex period in which Easter Thursday falls, provided that adequate service to the public is maintained.

 

10.3.4               Long Service Leave (Extended Leave)

 

The ICAC long service leave entitlements are:

 

LSL entitlement after 10 years service - 2 months (44 working days) on full pay and 11 working days for every year of service thereafter.  LSL may be taken at ½ pay.

 

LSL entitlement after five years service but less than 10 years service - If the ICAC terminates employment for reasons other than serious and intentional misconduct, or, staff leave on account of illness, incapacity or domestic or other pressing necessity, staff are entitled to one months LSL for five years service plus a pro-rata rate for service of between six and 10 years.

 

Service for LSL purposes - The following service with public sector agencies may count for LSL purposes, depending on the agency:

 

permanent and temporary work periods of employment with the ICAC under the ICAC Act.

 

continuous service with agencies under the Transferred Officers Extended Leave Act 1961.  This generally includes service with the NSW public sector, some agencies in the Commonwealth and other states.  Where the break in service between a public sector agency and starting work with the ICAC is less than two months, this previous employment may be able to be recognised for LSL purposes providing that the offer of employment with the Commission was accepted with the Commission prior to resignation.

 

10.3.5               Family and Community Service Leave and Carer's Leave

 

Family and Community Service Leave (FACSL) - staff may be granted FACSL for reasons relating to:

 

their family responsibilities

 

their performance of community service duties

 

pressing necessity

 

A family and relative of a staff member for these purposes is:

 

Your child

 

The child of your current or former husband, wife, de facto opposite or same sex partner,

 

Any adult who you are the legal guardian of,

 

Any immediate family member’. This means any of the following:

 

Your current or former husband, wife, de facto opposite or same sex partner,

 

Your grandchild or the grandchild of your current or former husband, wife, de facto opposite or same sex partner,

 

Your parent or the parent of your current or former husband, wife, de facto opposite or same sex partner,

 

Your grandparent or the grandparent of your current or former husband, wife, de facto opposite or same sex partner,

 

Your brother or sister or the brother or sister of your current or former husband, wife, de facto opposite or same sex partner.

 

The maximum period of FACSL on full pay that may be granted is:

 

two and a half working days for the first year of service and five working days in any period of two years after this, or,

 

after two years of continuous service, one working day for every year of service, less any FACSL already taken, whichever is the greater period.

 

Where FACSL is exhausted, two additional working days FACSL may be granted on a discrete per occasion basis on the death of a person defined above.

 

Carer's Leave (CL) - Where FACSL is exhausted, unused sick leave may be granted to staff responsible for the care of a family member using the above definition.

 

The sick leave that can be accessed is:

 

unused sick leave from the current year's entitlement,

 

then, unused sick leave from the previous 3 years.

 

access to additional sick leave may be granted in special cases.

 

When applying for CL staff must supply:

 

a medical certificate or Statutory Declaration for periods greater than 3 working days.

 

details of the name of the person being cared for, their relationship with that person, the reason for that period of leave.

the exact nature of the illness does not need to be disclosed.

 

The use of CL will be managed in the same way as sick leave.

 

Where FACSL and CL are exhausted, time off in lieu of overtime or travelling compensation or flex time, annual, LSL and leave without pay may be granted.

 

10.3.6               Holy Days and Essential Religious Duties

 

Staff of any religious faith who need leave for the purpose of observing holy days of that faith may be granted available paid or unpaid leave provided that adequate notice is given.

 

Staff of any religious faith who need time off during daily working hours to attend to essential religious duties of that faith may use the provisions of the Flexible Working Hours Scheme.

 

10.3.7               Leave Without Pay

 

Staff may be granted periods of leave without pay in excess of 2 months after 2 years employment with the Commission.  The maximum period that may granted in this case is 12 months.  Staff taking 12 months LWOP must return to work for the Commission for a minimum of 2 years before further LWOP is granted. 

 

10.3.8               Military Leave

 

Staff who are volunteer part-time members of the Defence Forces may be granted military leave on full pay to attend training, education, instruction and compulsory parades.  The grant each financial year is:

 

Navy Reserve	26 calendar days
Army Reserve	28 calendar days
Air Force Reserve	32 calendar days

 

10.3.9               Parental Leave

 

Maternity Leave - Female staff who have been employed at the Commission for more than 40 weeks before the expected date of confinement are entitled to:

 

9 weeks full pay or 18 weeks half-pay that may be taken up to 9 weeks before the expected date of confinement; and

 

up to 12 months maternity leave without pay after the birth of the child or up to 2 years part-time, less the period of paid maternity leave.

 

Female staff with less than 40 weeks service are entitled to up to 12 months maternity leave without pay.

 

Parental Leave - Staff who are parents may be granted parental leave without pay for a period of up to 12 months within 2 years of the date of birth.  Alternatively up to 2 years part-time may be granted.

 

Adoption Leave - Staff may be granted adoption leave of up to 12 months without pay, or up to 2 years part-time without pay if the child has not commenced school at the time custody is taken.  Where the staff have worked for 40 weeks, 3 weeks adoption leave may be paid leave.

 

Staff resuming work at the end of these types of leave are entitled to return to their substantive or comparable position.

 

10.3.10             Public Holidays

 

The provisions of the Banks & Banks Holidays Act 1912 apply and provide for the following public holidays: New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Christmas Day, Boxing Day or such other public holidays that are proclaimed.  The August Bank Holiday is replaced by the Public Service Holiday, to be taken on a day determined by the Commissioner between Christmas Day and New Year’s Day.

 

10.3.11             Sick Leave

 

Staff may be granted up to 15 working days sick leave on full pay per calendar year and any leave not taken is accumulated.  The entitlement for new staff starting after January is on a pro-rata basis.  Once sick leave with pay is exhausted, sick leave without pay may be granted.  Medical certificates must be provided for periods of sick leave in excess of 3 working days, taken on a strike day, consecutively with a public holiday and any time after giving notice of resignation or termination.  Staff sick leave records will be reviewed after they have taken 8 days sick leave that are not supported by a medical certificate in any period of 12 months.

 

10.3.12             Special Leave

 

Special leave is paid leave, which applies, to activities regarded as for Commission purposes and which are not covered by other forms of leave.  Examples of when special leave may be granted are:

 

for jury service, subject to the provision of a certificate of attendance,

 

where staff are subpoenaed or called as a witness by the State, Territory or Commonwealth,

 

some trade union activities with the prior approval of the Commissioner,

 

other instances determined by the Commissioner.

 

10.3.13             Study Time and Examination Leave

 

The Commission encourages staff to undertake further study to enhance their skills and provides assistance in the form of study time and examination leave for approved part-time courses of study.  An approved course is one that develops or enhances a staff member's skills and assists them to carry out their duties in the Commission and/or elsewhere in the public sector.

 

Study Time - Is available for: attendance at lectures, tutorials, residential schools, field days etc, where these are held during working hours; necessary travel during working hours to attend lectures, tutorials etc., held during or outside working hours; and private study.

 

30 minutes study time is granted for each hour of lecture and/or tutorial attendance, up to a maximum of four hours per week (inclusive of travel time).   The grant is the same for correspondence courses for which time granted will be calculated on the basis of the equivalent face-to-face course.

 

Block periods of study time may be granted for the research and thesis component of higher degrees, qualifying studies for admission to higher degrees, or honours studies on the following basis:

 

where a course at any level involves a thesis or major project as well as course work, the usual study time would be granted for the course work, and ten days study time for the thesis/major project component;

 

for qualifying studies entirely by thesis the grant is 10 days;

 

for masters degree studies by research and thesis only, the total grant is:

 

(i)         25 days for courses of 2 years minimum duration;

 

(ii)        35 days for courses of 3 years minimum duration.

 

for doctoral studies, the total grant for the full duration of the course is 45 days.

 

Examination Leave - Up to 5 days per year is available for the time actually involved in attending an examination as well as necessary travelling time during working hours.  It is not available where an examination is conducted within normal class timetables during the term/semester and study time has already been granted.

 

10.4      Travelling Time Compensation

 

Staff, except Field Officers, who undertake approved travel to a location other than the Commission's head office to perform their work, may be compensated for the travelling time involved if is additional to their normal travel time to and/or from head office:

 

Travel during bandwidth: is regarded as normal working hours, less normal travelling time.

 

Travel outside bandwidth: is paid at the normal hourly rate, less normal travelling time.

 

Waiting time: will be paid, less one hour, unless overnight accommodation is involved.

 

Periods of travelling time of less than 15 minutes; where sleeping facilities are provided; and where staff stop travelling for meal breaks, are not eligible for compensation.  Travelling Time Compensation is paid at staff's current rate of pay with a maximum rate of the 1st Year Rate of ICAC Officer Grade 3.  Time in lieu may be granted instead of payment.  Time in lieu is calculated at the same rate as payment.

 

10.5      Overtime

 

ICAC Officers Grade 1-6 - who are directed to work outside of the Flex Bandwidth shall be paid overtime at the rate of:

 

1.          Monday to Saturday

 

150% (time and a half) for the first 2 hours and

 

200% every hour thereafter.

 

2.          Sunday

 

200% (double time)

 

3.          Public Holidays

 

(a)        Monday to Friday:

 

250% (double time and a half - includes normal salary rate) during bandwidth

 

250% (double time and a half) after bandwidth

 

(b)       Saturday & Sunday:

 

250% (double time and a half)

 

Overtime is paid at staff's current rate of pay up to the maximum rate of the Grade 6, Level 5.  A minimum of 3 hours payment will be paid for overtime worked on weekends and public holidays or when staff are called back to duty.  Time in lieu may be granted instead of payment.  Time in lieu is calculated at the same rate as payment.

 

A Meal Allowance may be paid when an expense is actually incurred in obtaining a meal and staff ceased work for at least 30 minutes before or during the period of overtime (meal breaks during overtime are not to be counted as overtime). The Meal Allowances rates are those set from time to time by the Australian Taxation Office as the reasonable limits for the payment of overtime meal allowances.

 

Breakfast, when required to start work at or before 6 am

 

Lunch, on any Saturday, Sunday or Public Holiday when required to start before or at 8.30 am and until 1.30 pm or later; or, at or after 8.30 am and until 2 pm or later

 

Dinner, when required to work beyond 7.30 pm

 

ICAC Officers Grade 7-8 - are not entitled to the payment of overtime.  However, where, in the opinion of the staff member's manager, ICAC Officers Grade 7-8 work excessive additional hours, their manager may approve compensation of not more than 7 hours leave in lieu per Flex Period.

 

Investigations staff Overtime Allowance - Investigators, Senior Investigators, Field Officers and Senior Field Officers are paid an Overtime Allowance in lieu of overtime payments for overtime worked on weekdays. Overtime will be paid as per this clause for work on weekends and public holidays (including those which fall on weekdays).  The allowance forms part of overall remuneration and is:

 

Investigators/Field Officers - 9.1%

 

Senior Investigators/Field Officers - 8.7%

 

10.6      Performing Higher Duties

 

Where staff are directed to perform the duties of a higher grade position, in addition to the experience gained performing those duties, an allowance will be paid in the circumstances described here.

 

The allowance will be calculated by the difference between staff member's current salary and the nearest salary point of the ICAC Officer Grade of the position being acted in.   Payment of the allowance will be as follows:

 

20 working days or less - No payment

 

21 and 50 or less working days - 60% difference for the full period

 

51 or more working days - 100% difference for the full period

 

All instances of higher duties, whether paid or unpaid, are to be recorded and reviewed regularly by the CCG from the making of this Award.

 

10.7      Allowances and Loadings

 

10.7.1               Annual Leave Loading (ALL)

 

Each year, in the first pay period in December, staff will be eligible to be paid an ALL of 17.5% of the monetary value of up to four weeks Annual Leave accrued in the prior period of 1 December to 30 November.  New staff will be paid a pro-rata allowance based on Annual Leave accrued from their entry on duty to 30 November.

 

The maximum rate at which ALL is calculated is the 5th Year rate of ICAC Officer Grade 7.  ALL is not paid on resignation or dismissal but is paid on retirement and redundancy.

 

10.7.2               Associate's Allowance

 

Staff trained to be Associates will receive the allowance referred to in Schedule 2.  The allowance will be paid fortnightly to Associates for recognition of annual training and being available to work as an Associate.  A daily sitting fee will also be paid for each day of hearings.  The allowance will be increased in line with the salary increases prescribed in this Award.

 

10.7.3               Community Language Allowance

 

Staff appointed as language aides under the Community Language Allowance Scheme (CLAS) will be paid the allowance referred to in Schedule 2.  The allowance will be increased in line with the salary increases prescribed in this Award.

 

10.7.4               First Aid Allowance

 

Staff appointed as First Aid Officers will be paid the allowances appearing in Schedule 2.  These allowances will increase in line with the salary increases prescribed in this Award.

 

10.7.5               Incidents Allowance

 

A 12.2% Incidents Allowance is payable to Field and Senior Field Officers in compensation for change of shift; alteration of bandwidth; shift allowance; on-call allowance for days rostered off; and, on-call allowance for days rostered days on.  This Award sees a consolidation of the Senior Field Officer's rate.  The salary level of the current Senior Field Officer will be maintained for the occupant of the position as at the making of this Award until the new rate of 12.2% catches up.

 

10.7.6               Travel Allowances - Accommodation, Meals & Incidentals

 

The parties agree that the arrangements for travel and meal allowances provided in this clause are to apply to ICAC staff only and do not constitute a precedent for any other department or agency.

 

(a)        Staff who undertake approved travel to perform their work are entitled to payment of a Travel Allowance to cover costs of accommodation, meals and incidentals, where such expenses are reasonably and necessarily incurred.  Field Officer conditions are defined in a policy document held at the ICAC.  The Allowance rates are those set from time to time by the Australian Taxation Office as the reasonable limits for the payment of these allowances.

 

(b)       Travel involving an overnight stay when accommodation is provided free of charge, a daily allowance as set by the Australian Taxation Office will be paid.

 

(c)        Travel involving no overnight stay, meals only may be paid at the rate set from time to time by the Australian Taxation Office, or if there is no set rate, then reimbursement as per the current policy will be made.

 

Breakfast, when required to commence travel at or before 6.00 am

 

Lunch, when staff are unavoidably put to additional expense or the additional expense, whichever is the lesser.

 

Dinner, when required to travel after 7.30 pm

 

(d)       Overseas Travel will be at the rate specified from time to time by the Australian Taxation Office as the reasonable limit.

 

10.7.7               Motor Car allowances

 

Where ICAC motor cars are not available, there is no convenient public transport and a car is necessary, approval may be given to staff to use their own motor car for official business.  The allowance rate appears in Schedule 2.

 

Where other transport is available but staff elect and the ICAC authorises, staff may use their own car.  The specified journey rate applies up to the cost of the public transport alternative.

 

11.  Child Care

 

The following support mechanisms for staff with childcare responsibilities will be developed within 6 months of the making of this Award:

 

a Parental Leave Information Package that contains information on entitlements in a readily accessible, plain English format;

 

information to assist staff find childcare for children up to 16 years of age. The information is to be updated every 6 months.

 

12.  Grievance and Dispute Resolution

 

These procedures are separate to the ICAC Grievance Policy for matters not related to this Award.

 

(i)         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.

 

(ii)        A staff member may notify verbally or in writing their immediate supervisor, manager, grievance officer or union, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

(iii)       The immediate manager 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.

 

(iv)       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.  This sequence of reference to successive levels of management may be pursued by the staff member until the matter is referred to the Commissioner.

 

(v)        If the matter remains unresolved, the Commissioner 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.

 

(vi)       A staff member, at any stage, may request to be represented by their union.

 

(vii)      The staff member or the union on their behalf, or the Commission may refer the matter to the New South Wales Industrial Relations Commission or another appropriate external agency if the matter is unresolved following the use of these procedures.

 

(viii)     The staff member, union, and the Independent Commission Against Corruption shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

13.  Variations to This Award and No Further Claims

 

This Award may be varied as provided for in the Award and the provisions of the Industrial Relations Act 1996.

 

There will be no further claims in relation to the issues covered by the Award during its operation.  Subject to the Industrial Relations Act 1996 there shall be no industrial action relating to issues covered by this Award during its operation.

 

14.  Area, Incidence and Duration of This Award

 

This Award applies to all employees permanently or temporarily employed under the ICAC Act.  The Award does not apply to the ICAC Executive.

 

This Award rescinds and replaces the Independent Commission Against Corruption (Reviewed) Award 1998 published 7 December 2001 (330 I.G. 7), as varied.  It commences to operate on and from 8 August 2002 and remains in force thereafter for a period of 12 months.

 

15.  Negotiating the Next Industrial Instrument

 

Work on the industrial instrument will start immediately and the parties agree that the basis for discussion, while not limited to, will include:

 

Hours of work (including flexible work arrangements),

 

Allowances for investigators and surveillance officers,

 

Family leave provisions,

 

Link with Crown Employees Award,

 

Annual leave loading,

 

Sick leave,

 

the job evaluation process (including the role of a Classification Committee), and

 

the proposed public sector salary increases (as set out in the MOU between the NSW Government, the PSA and the Labor Council) of 4% from the first pay date of January 2003 and 5% from the first pay date after 30 June 2003.

 

16.  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.

 

NOTES

 

(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.

 

(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 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."

 

17.  Salary Packaging

 

The Commission supports the provision of salary packaging for all staff. During 2001-02 the Commission will endeavour to provide superannuation salary packaging for all staff members who wish to take up this provision.

 

(a)        Salary sacrifice to superannuation

 

(I)         An employee may elect, subject to the agreement of the Independent Commission Against Corruption, to sacrifice a portion of the salary payable under Clause 5 to additional employer superannuation contributions.  Such election must be made prior to the commencement of the period of service to which the earnings relate.  The amount sacrificed must not exceed thirty (30) percent of the salary payable under Clause 5 or thirty (30) percent of the currently applicable superannuable salary, whichever is the lesser.  In this clause, "superannuable salary" means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

(II)       Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:

 

(a)        subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYE taxation deductions by the amount of that sacrificed portion; and

 

(b)       any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act, or statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under Clause 4 of this Award in the absence of any salary sacrifice to superannuation made under this Award.

 

(III)      The employee may elect to have the portion of payable salary which is sacrificed to additional employer superannuation contributions:

 

(a)        paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

 

(b)       subject to the Independent Commission Against Corruption’s agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions.

 

(IV)      Where an employee elects to salary sacrifice in terms of Clause III above, the ICAC will pay the sacrificed amount into the relevant superannuation fund.

 

 

(V)       Where the employee is a member of a superannuation scheme established under:

 

(a)        the Police Regulation (Superannuation) Act 1906;

 

(b)       the Superannuation Act, 1916;

 

(c)        the State Authorities Superannuation Act 1987;

 

(d)       the State Authorities Non-contributory Superannuation Act 1987; or

 

(e)        the First State Superannuation Act 1992

 

The Independent Commission Against Corruption must ensure that the amount of any additional employer superannuation contributions specified in subclause (I) above is included in the employee’s superannuable salary which is notified to the New South Wales public sector superannuation trustee corporations.

 

(VI)      Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with the ICAC to have superannuation contribution made to a superannuation fund other than a fund established under legislation listed in sub-clause (IV) above, the ICAC will continue to base contributions to that fund on the salary payable under Clause 5 to the same extent as applied before the employee sacrificed portion of that salary to superannuation.  This clause applies even though the superannuation contributions made by the ICAC may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

 

(b)        Extension of salary packaging beyond superannuation

 

Extension of salary packaging beyond superannuation will be subject to the ability of the Commission to deliver these arrangements through its payroll system and approval by the NSW Government for items, other than superannuation, to be included in salary packaging. Each staff member who wishes to access salary packaging will be required to seek, at their own expense, financial and taxation advice.

 

Schedule 1

 

ICAC Officer Classification Salary Rates as at 4 January 2002

 

1A	1st Yr $31,133	4	1st Yr $57,053
	2nd Yr $31,818		2nd Yr $58,425
	3rd Yr $32,916		3rd Yr $60,209
	4th Yr $33,739		4th Yr $61,852
	5th Yr $34,561		5th Yr $63,501
1B	1st Yr $35,111	5	1st Yr $64,731
	2nd Yr $36,070		2nd Yr $66,240
	3rd Yr $37,167		3rd Yr $68,162
	4th Yr $38,128		4th Yr $70,355
	5th Yr $39,087		5th Yr $72,002
1C	1st Yr $38,949	6	1st Yr $72,413
	2nd Yr $39,908		2nd Yr $74,605
	3rd Yr $41,007		3rd Yr $76,117
	4th Yr $41,966		4th Yr $78,036
	5th Yr $43,337		5th Yr $80,506
2	1st Yr $44,161	7	1st Yr $79,048
	2nd Yr $45,121		2nd Yr $80,642
	3rd Yr $46,353		3rd Yr $82,013
	4th Yr $47,863		4th Yr $83,248
	5th Yr $48,962		5th Yr $86,402
3	1st Yr $50,332	8	1st Yr $84,620
	2nd Yr $51,703		2nd Yr $86,950
	3rd Yr $52,801		3rd Yr $89,145
	4th Yr $54,448		4th Yr $91,340
	5th Yr $55,819		5th Yr $93,669

 

Schedule 2

 

Allowance Rates as at 5 January 2002

 

1.          Associate’s Allowance (subclause 10.7.2)

 

Total allowance payable in 12 month financial year period not to exceed $3,729 pa

 

Allowance payable as follows:

 

50% allowance payable to approved staff members on basis of training and availability $1,865 pa

 

Daily rate $45.25 pd

 

2.          Community Language Allowance Scheme (subclause 10.7.3) $812 pa

 

3.          First Aid Officer Allowance (subclause 10.7.4) $520 pa

 

4.          Overtime Meal Allowances (subclause 10.5) Allowances will equal the ATO reasonable limits as set from time to time and as adopted by the ICAC.

 

5.          Travel Allowances (subclause 10.7.6)

 

Involving an overnight stay

 

Allowances will equal the ATO reasonable limits as set from time to time and as adopted by the ICAC.

 

Travel of at least 100 kms from head office & involving no overnight stay.

 

Meals only may be paid at the rate set by the ATO from time to time and as adopted by the ICAC, provided that if there is no set rate, then payment of actuals as per the current policy will be made.

 

 

6.          Motor Car Allowances:

 

(A)       Official business rate.  Engine capacity:

 

over 2700 cc	71.6 cpk
1600 to 2700 cc	66.6 cpk
under 1600 cc	47.7 cpk

 

(B)       Specified journey rate.  Engine capacity:

 

over 2700 cc	25.5 cpk
1600 to 2700 cc	23.6 cpk
under 1600 cc	19.9 cpk

 

 

M. SCHMIDT  J.

 

 

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Printed by the authority of the Industrial Registrar.