Crown
Employees (NSW Department of Trade and Investment, Regional Infrastructure and
Services - Museum of Applied Arts and Sciences Electrical Preparators Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 229 of 2012)
Before The Honourable
Mr Justice Staff
|
30 March 2012
|
REVIEWED
AWARD
Index
PART A
Clause No. Subject Matter
1. Title
2. Parties
3. Definitions
4. Intention
5. Wage Rates
6. General Conditions
of Employment
7. Consultative
Committee
8. Grievance
and Dispute Handling Procedures
9. Classification
Standards
10. Anti-Discrimination
11. Area
Incidence and Duration
12. Savings and
Rights
PART B
MONETARY RATES
Table 1 - Rates of Pay
PART A
1. Title
1.1 This Award shall
be known as the "Crown Employees (NSW Department of Trade and Investment,
Regional Infrastructure and Services) - Museum of Applied Arts and Sciences
Electrical Preparators Award .
2. Parties
2.1 This Award has been
made between the following parties:
The Director-General, Department of Premier and Cabinet
Electrical Trades Union of Australia, NSW Branch
3. Definitions
"Act" means the Public Sector Employment
and Management Act 2002.
"Conditions Award" means the Crown Employees
(Public Service Conditions of Employment) Award 2009.
"Department" means the NSW Department of
Trade and Investment, Regional Infrastructure and Services.
"Department Head" means the Director-General
of the NSW Department of Trade and Investment, Regional Infrastructure and
Services.
" Director - General" means the
Director-General of the Department of
Premier and Cabinet.
"Operative Date" means the date on which this
Award is made by the Industrial Relations Commission of New South Wales and
becomes legally binding on the parties.
"Staff" means and includes all persons
permanently or temporarily employed under the provisions of the Public
Sector Employment and Management Act 2002, and who, as at the operative
date of this Award 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 Electrical Trades Union of
Australia, NSW Branch.
4. Intention
4.1 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.
4.2 The 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. Wage Rates
5.1 The wage rates
paid to staff covered by this Award are specified in Part B Table 1 - Rates of
Pay, of Part B, Monetary Rates.
5.2 These rates will
move in accordance with the Crown Employees Wages Staff (Rates of Pay)
Award 2011 as varied or any replacement
award.
6. General Conditions
of Employment
6..1 Conditions of
employment are regulated by the Public Sector Employment and Management Act
2002 and its Regulations.
6.2 Conditions
provided by this Award are:
6.2.1 The ordinary
working hours shall be an average of thirty-five per week.
6.2.2 All allowances
previously paid to staff covered by this Award, including the Licence
Allowance, Tool Allowance and Leading Hand Allowance, are to be rolled into
salary.
6.2.3 As from the date
of effect of this Award, staff covered by this Award shall not be required to
provide their own tools.
6.2.4 Employees will be
entitled to an additional holiday on a working day nominated by the Director
within the period between Boxing Day and New Year’s Day. This holiday applies
in lieu of the Union Picnic Day entitlement provided by the Crown Employees
(Skilled Trades) Award.
6.3 Conditions
provided by other Awards
6.3.1 Conditions of
employment not regulated by this clause shall be covered by the Crown Employees
(Skilled Trades) Award except for Overtime, Travelling Compensation and Excess
Travelling Time for which provisions of the Conditions Award shall apply and;
6.3.2 Any other
conditions not regulated by this Award or the Crown Employees (Skilled Trades)
Award shall be provided by the Conditions Award as varied.
6.4 Where there is
any inconsistency between this Award, the Crown Employees (Skilled Trades
Award and the Conditions Award this
Award shall prevail to the extent of the inconsistency.
6.5 Flexible Working
Hours
Flexible Working Hours: The Museum of Applied Arts and
Sciences Flexible Working Hours Agreement of 1999 shall govern the employees
covered under this award in terms of the hours of duty and flexible working
hours
6.6 Union deduction
Subject to a staff member making written authorisation,
the Department shall deduct from the staff member’s pay, subscriptions payable
to a nominated industrial organisation of employees (Union) and shall pay the
deducted subscriptions to such an organisation.
7. Consultative
Committee
7.1 The Museum of
Applied Arts and Sciences ETU/Management Consultative Committee shall monitor
the implementation of this Award and make, during its period of operation,
recommendations to the Director of the Museum of Applied Arts and Sciences with
regard to any matters regarding the implementation of this Award.
7.2 The
ETU/Management Consultative Committee shall consist 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.
7.3 Should the
parties to the ETU/Management Consultative Committee fail to reach agreement on
any matter the Dispute Resolution Procedures outlined in Clause 8 will be
followed.
8. Grievance and
Disputes Settling Procedures
8.1 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.
8.2 A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
8.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti Discrimination
Act 1977) that makes it impractical for the staff member to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Department Head or delegate.
8.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
8.5 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. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Department
Head.
8.6 The Department
Head may refer the matter to the Director-General for consideration.
8.7 If the matter
remains unresolved, the Department Head 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.
8.8 A staff member,
at any stage, may request to be represented by the Association.
8.9 The staff member
or the Association on their behalf or the Department Head may refer the matter
to the Industrial Relations Commission of NSW if the matter is unresolved
following the use of these procedures.
8.10 The staff member,
Association, Department and
Director-General shall agree to be bound by any order or determination
by the New South Wales Industrial Relations Commission in relation to the
dispute.
8.11 Whilst the
procedures outlined in subclauses 8.1 to 8.10 of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
work health and safety, if practicable, normal work shall proceed in a manner
which avoids any risk to the health and safety of any staff member or member of
the public.
9. Classification
Standards
9.1 A position
falling within the scope of this Award shall have assigned to it a
classification level determined in accordance with the classification standards
detailed below. Progression in each
level is detailed below.
9.1.1 Electrical
Preparator Grade 1: There are three salary levels for incremental progression.
Progression will be determined by satisfactory performance and satisfactory
attendance after 12 months at each level.
9.1.2 Electrical
Preparator Grade 2: There is a soft barrier from Grade 1. Progression will be
determined by satisfactory attendance after 12 months at the Year 3 level of
Grade 1, availability of work at the higher level of duties as specified in the
position description and satisfactory performance of the higher level of
duties. Approval for progression will be in accordance with the Museum of
Applied Arts and Sciences’ Delegation Manual. There are 2 salary levels in Grade
2. Progression will be determined by satisfactory performance and satisfactory
attendance after 12 months at each level.
9.1.3 Senior Electrical
Preparator: This is a promotional position and there are two levels in this
classification. Progression will be determined by satisfactory performance and
satisfactory attendance after 12 months at each level.
10.
Anti-Discrimination
10.1 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.
10.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
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
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 discriminatory effect.
10.3 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.
10.4 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 or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
10.5 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
staff members may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
11. Area Incidence
and Duration
11.1 This Award
applies to all staff of the Museum of Applied Arts and Sciences who are
currently employed in the classifications defined in Part B, Table 1 of the
Crown Employees (Skilled Trades) Award.
11.2 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 30 March 2012.
11.3 Changes made to
this award subsequent to it first being published on 14 March 2008 (365 I.G.
75) have been incorporated into this award as part of the review.
11.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
12. Savings and
Rights
12.1 At the time of
making this Award, no person covered by this Award will suffer a reduction in
his or her rate of pay or any loss of or diminution in his or her conditions of
employment as a consequence of the making of this Award.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Rates of pay
effective 1 July 2011
|
Pay Rates 1/7/2011
|
|
$
|
|
|
Grade 1
|
|
1st Year
|
53,000
|
2nd Year
|
54,416
|
3rd Year
|
55,940
|
Grade 2
|
|
1st Year
|
58,060
|
2nd Year
|
60,329
|
Senior Electrical Preparator
|
|
Grade 1
|
|
1st Year
|
62,814
|
2nd Year
|
63,959
|
(NB Rates were adjusted in the Crown Employees Wages Staff
(Rates of Pay) Award 2011, made in the Industrial Relations Commission of NSW
on 7 February 2012. Not yet published in the NSW Industrial Gazette.)
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.