Sydney Catchment Authority Consolidated Award 2008

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Nos. IRC 1713 of 2008 and 671 of 2009)

 

 

REVIEWED AWARD

 

1.        Delete paragraph (a) of subclause 2.1 of clause 2, Title, Application and Duration, of the award published 20 January 2006, (356 I.G. 421) and insert in lieu thereof the following:

 

(a)      This Award shall be known as the Sydney Catchment Authority Consolidated Award 2008.

 

2.        Delete Schedule 1 - Rates of Pay, and insert in lieu the following:

 

scheDule 1 - rates of pay

 

Award Sub-clause 10(a)

 

 

3.        Insert after Schedule 2 - Summary - Allowances, at the end of the award, the following new Appendix 1:

 

APPENDIX 1

 

SYDNEY CATCHMENT AUTHORITY MEMORANDUM OF UNDERSTANDING

 

May 2009

 

1.        Objectives

 

This Memorandum of Understanding (Memorandum) between the Sydney Catchment Authority, Association of Professional Engineers, Scientists and Managers Australia (APESMA) and the Australian Services Union (ASU) sets out the understanding and agreement of the parties in relation to wages and conditions outcomes for employees covered by the Sydney Catchment Authority Consolidated Award for the period 1 December 2008 to 30 June 2011.

 

The parties agree that the change of conditions and agency improvement initiatives outlined in this Memorandum underpin the agreement regarding the quantum of wage increases (above 2.5%) for the period covered by this Memorandum.

 

The Parties agree that this Memorandum will be implemented by:

 

•         The making of a new award, to be known as the Sydney Catchment Authority Consolidated Award 2008

 

•         variation to the Consolidated Award, with necessary amendments to, or addition of clauses, as required to give effect to the intent of this Memorandum, and

 

•         variation to relevant procedures

 

The parties will make consent applications for a new award as soon as practicable after signing of this Memorandum and the award will remain in force until 30 June 2011.  Unless specified otherwise in this MoU the parties agree that the changes to the Award will be finalised by consent application during the life of the Award.  The parties agree that award matters in the MoU will be addressed through amendment to the award and that policy matters will be addressed by changes to policy.

 

This Memorandum of Understanding is designed to provide both parties with certainty of outcomes for the period of the Memorandum.

 

2.        Definitions

 

For the purpose of this Memorandum of Understanding the following definitions apply:

 

"the Unions" means the ASU and APESMA;

 

"the Award" means the Sydney Catchment Authority (SCA) Consolidated Award 2008

 

"the Commission" means the Industrial Relations Commission of New South Wales;

 

"the Government" means the NSW Government:

 

"employee" means an employee covered by the Sydney Catchment Authority Consolidated Award 2008

 

"the parties" means the ASU & APESMA and the SCA

 

3.        New Award

 

The parties will make consent application for a new award, incorporating those elements of this agreement to be included in the award, where applicable and specified.

 

The parties agree to progress work to rewrite the SCA Award during the life of the Award modernise and streamline conditions and remove obsolete clauses to ensure that a final version is endorsed and provided to the Industrial Relations Commission during this period.

 

4.        Wages Agreement

 

Sydney Catchment Authority Consolidated Award 2008

 

The term of this award shall be for three years from 1 December 2008 until 30 June 2011 and will provide for:

 

4% increase in salaries from the first pay on or after 1 July 2008

 

4% increase in salaries from the first pay on or after 1 July 2009

 

4% increase in salaries from the first pay on or after 1 July 2010

 

The increases referred to above and set out in attachment A, insofar as they apply from the first pay period on or after 1 July 2008, shall be paid to those employees who are employed as at the date of making the award.

 

Any wage related allowances will be adjusted in line with the increases to the rates of pay.

 

The Parties agree that the above wage increases and back dating to the first pay in July 2008 reflect a 2.5% salary increase and a 1.5% increase in recognition of employee related cost savings and in recognition of no extra claims throughout the life of the Award.

 

5.        Conditions Agreement

 

5.1      Managing Excess Employees

 

The parties agree to:

 

5.1.1   Recognise that the Government's policy is to allow agencies, as a last and unavoidable resort, to make redundant excess employees if they are not placed in a suitable position after a 12 months retention period.

 

5.1.2   Use one term only, excess. Employees are declared excess by the SCA when they no longer have a substantive position. Excess employees include those:

 

•         who were previously declared displaced, excess; and

 

•         are surplus to the needs of the home agency; and

 

•         whose substantive position is deleted; or

 

•         who become excess due to their work or position being relocated to a significantly different geographic area (and they choose not to relocate); or

 

•         who are:

 

a)        on an employee initiated secondment; or

 

b)        on more than 12 months leave without pay; or

 

c)        at the conclusion of a period of approved study leave

 

And for a, b & c above the home agency has permanently backfilled their position after giving the employee notice and the employee has chosen not to return.

 

5.1.3   "Position" having the same meaning as under the Public Sector Employment and Management Act 2002.

 

5.1.4   The 12 month retention period commences when the employee is declared excess as notified by formal letter provided by the SCA. If an employee is not placed against a suitable position that time counts for the purposes of the retention period.

 

5.1.5   Redundancy as a last and unavoidable resort cannot occur without:

 

1.        An employee being notified in writing of their status as `excess'; and

 

2.        An employee being made as least one offer of Voluntary Redundancy (VR); and

 

3.        Consultation with the Public Sector Workforce Office in the Department of Premier and Cabinet; and

 

4.        Registration on the excess employee list maintained by the Public Sector Workforce Office; and

 

5.        Provision of reasonable redeployment opportunities to suitable positions in the home agency and, via registration on the excess employee list, in other participating agencies; and

 

6.        Provision of retraining support; and

 

7.        Appropriate written notification of intention to make redundant at least 3 months prior and the SCA providing a final offer of voluntary redundancy; and

 

8.        The employee being offered the opportunity to raise any reason why they think steps 1-7 have not been met (within 14 days of notification at 7 above).

 

5.1.6   An excess employee can be made redundant if they refuse a reasonable deployment opportunity including temporary positions or do not participate in the redeployment process in good faith.

 

5.1.7   The 12 month retention period is suspended:

 

•         for the period of time that the employee occupies a suitable temporary position or a temporary position at a higher grade; or

 

•         in a restructure where all positions are deleted pending the outcome of the selection or appointment processes (where applicable).

 

5.1.8   A suitable position is:

 

a)        An appropriate match to the skills, experience and qualifications of the excess employee

 

b)        Within one grade of the excess employee's substantive salary;

 

c)        One where an employee could be expected to undertake the position with suitable training; and

 

d)        Within a reasonable location (as defined in Premier's Memorandum 1998-24 - Relocation of Employees to Available work

 

5.1.9   On the outstanding issues of the retrenchment payment and "meaningful work" as it relates to the retention period, the parties have agreed to accept the Commission's recommendation of 17 September 2008 which states:

 

"On the matters that are not agreed, the Commission recommends that those matters be the subject of negotiations on managing displaced persons involving the wider public sector, with the union parties being represented by Unions NSW. If this recommendation is accepted the Commission will convene a compulsory conference of all of the parties and, with the parties' agreement, preside over the negotiations to ensure an outcome is arrived at in a timely manner.

 

5.2      SCA Organisation Realignment

 

The parties agree to participate in accordance with the consultation provisions in the Award in the implementation of an SCA Organisation realignment to review structures, positions and work functions to ensure duplication is removed, streamlined work practices applied. These changes support identified salary increases and productivity savings approved by the Budget Sub Committee of Cabinet under the Government's Wage Policy and as agreed and set out in the exchange of letters between the parties.

 

Further changes may occur as processes and systems are developed. At the same time there will be opportunities for increases in resources to support trainee/cadetship programs; staff working off-line to foster mentoring / coaching and knowledge transfer of staff into new positions and work areas.

 

To ensure that the SCA and the Unions can collectively support the current and next stages of the realignment the following principles are agreed.

 

1.        That the next 3 years 4% salary increases, backdated to 1 July 2008, could occur due to 1.5% being made up of productivity savings including a reduction of 15-20% in employee related costs.

 

2.        The organisation will move towards an FTE of 260 by 30 June 2010 through a voluntary redundancy process that prioritises those employees that have indicated an expression of interest in voluntary redundancy (EOI) and the cessation of employment of temporary and agency hire staff when they reach the end of their term and changed work arrangements allow.

 

It is the intention of SCA to minimise as far as possible the number of employees that are displaced by this process.

 

Any positions that are proposed to be made surplus, will only be made so after a sufficient business case has been discussed with affected employees and unions. Further any person that is not a temp, agency hire or permanent employee who has put in an EOI will only be made surplus as a matter of last resort.

 

Where possible an EOI employee with be substituted into the position with consideration of skills, competency, pay rates and only at the wishes of affected employees.

 

The SCA agrees to maintain an FTE level of 260 during the life of the Memorandum of Understanding.

 

5.3      Performance Management System

 

The parties agree to apply adjustments to the Sydney Catchment Authority performance management system that provides for:

 

5.3.1   Applying a one off full payment for staff receiving outstanding performance to replace the current fortnightly allowance payment over 12 months

 

5.3.2   During the life of the Award the parties shall review and if required implement a new performance management system by agreement.

 

5.4      Modernising the human resource process

 

The parties agree to:

 

5.4.1   Introduce Higher Duties Allowance payments to support partial payments of allowances to staff acting in higher positions where the staff member is not required to perform the full functions of the position during the acting period. The full implementation of Allowance payments and supporting procedures will be introduced in consultation and agreement with the unions.

 

5.4.2   The SCA will undertake an organisation review of overtime practices, payments and processes based on the introduction of new systems, methods of carrying out overtime worked and changes to technology.

 

5.5      Maternity Leave

 

The parties agree to:

 

5.5.1   Amend the Award to extend to full time employee's entitlement to a second period of paid maternity leave on full pay should that second period commence not more than 2 years after the commencement of the initial period of maternity leave.

 

5.6      Annual Leave Liability Reduction

 

5.6.1   The parties recognise the occupational health and safety benefits of employees properly taking their recreation leave. It is recognised that the Award allows for the accumulation of up to 40 days recreation leave, however, there are many employees who have accumulated balances significantly beyond this.

 

5.6.2   Employees must take their recreation leave or have in place an agreed and approved leave plan to reduce all balances below 40 days. The SCA may direct a staff member with more than 40 days to take their recreation leave should no agreed and approved leave plan be in place.

 

5.6.3   Staff with over 40 days recreation leave accrual will have the opportunity to conserve a portion of their leave accrual as part of reducing their current entitlement or submit an approved leave plan to reduce leave within a period of 6 months.

 

6.        No Extra Claim

 

The parties agree that during the term of this Memorandum there will be no extra wage claims, claims for improved conditions of employment or demands made in respect of the employees covered under the Award, and further, that no proceedings, claims or demands concerning wages or conditions of employment in respect of those employees will be instituted before the Commission or any other arbitral tribunal.

 

The agreement in the preceding paragraph does not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of existing award provisions, or this Memorandum.

 

The parties further agree that during the Term of this Memorandum consent variations to the awards can proceed.

 

7.        Other Leave

 

•         Clarify the definition of FACS leave so that it only applies to unplanned and emergency issues (C1 74).

 

•         Simplify the way FACS leave is accrued (C1 74) i.e. 2.5 days in the first year of service, 2.5 days in the second year of service and thereafter 1 day per year.

 

•         Paid military leave is granted per financial year rather than calendar year, consistent with the application of top up pay (C1 769c)).

 

Terms of this Memorandum of Understanding

 

This Memorandum of Understanding expires on 30 June 2011

 

This agreement is made at Sydney on the 6 day of May 2009

 

SIGNED for an on behalf of the Crown in right of the State of New South Wales acting through the Division known as the Sydney Catchment Authority Division:
Signature of witness		Signature of SCA Representative
Name of witness (BLOCK LETTERS)
Address of witness
SIGNED by ASU representative in the presence of:
Signature of witness		ASU Representative
Name of witness (BLOCK LETTERS)
Address of witness
SIGNED by APESMA representative in the presence of:
Signature of witness		APESMA Representative
Name of witness (BLOCK LETTERS)
Address of witness

 

4.        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 1 December 2008.

 

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

 

 

 

 

J.D. STANTON, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.