NEW SOUTH WALES DEPARTMENT OF COMMUNITY SERVICES (AFTER HOURS SERVICE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by the Department of Community Services.

 

(No. IRC 837 of 2003)

 

 

VARIATION

 

1.          Delete clause 3, Definitions, of the award published 18 May 2001 (324 I.G. 1077) and insert in lieu thereof the following:

 

3.  Definitions

 

"Act" means the NSW Industrial Relations Act 1996 and its Regulations.

 

"Region" means a geographical area defined as a Region for the purpose of the Department's operations and, for the purposes of this Award, only includes the Western, Hunter, Southern and Northern Regions and the former Central Coast Area (now within the Met North Region).

 

"Association" means the Public Service Association of NSW.

 

"Department" means the NSW Department of Community Services.

 

"Officer" means all persons permanently or temporarily employed under the provisions of the Public Sector Employment and Management Act 2002 and who, on or after the operative date of this Award, are employed within the NSW Department of Community Services.

 

"On Call Rate" means a rate paid to the rostered officer who the Regional Director has determined must be available for the rostered period to receive after hours calls out of ordinary hours and be able to respond as required.

 

"Disturbance Rate" means a rate paid to a rostered officer who the Regional Director has determined need only be contactable and able to respond to after hours calls out of hours wherever possible.

 

"PEO" shall mean the Public Employment Office established under Chapter 6 of the Public Sector Employment and Management Act 2002.

 

"Rostered Officer" means an officer who has volunteered to be rostered on-call or on a disturbance basis to provide after hours services.

 

2.          Delete Clause 4, Incidence, and insert in lieu thereof the following new clause:

 

4.  Incidence

 

This Award shall apply to officers employed as Managers Client Services, Managers Casework, Caseworkers, Senior Practitioners, Child Protection Caseworker Specialists and Rural Child Protection Casework Specialists who volunteer to be placed on an On-Call or Disturbance Roster for the provision of an after hours service in the Region.

 

3.          Delete the word "Area" appearing in subclauses (iv), (v), (vi) and (vii) of clause 5, Rostering Arrangements and insert in lieu thereof the word "Regional".

 

4.          Delete the word "Areas" appearing in subclause (xi) of clause 5, Rostering Arrangements, and insert in lieu thereof the word "Regions".

 

5.          Delete the line commencing with the word "Central" appearing in subclause (xi) of clause 5, Rostering Arrangements, and insert in lieu thereof the following:

 

The former Central Coast Area, now part of Metro North Region.

 

6.          Delete the words "District Officers" appearing in subclause (iv) of clause 6, Rates for After Hours Service, and insert in lieu thereof the following words "Child Protection Caseworkers".

 

7.          Delete the word "Area" appearing in subclause (iv) of clause 7, Contactability, and insert in lieu thereof the word "Regional".

 

8.          Delete the word "Area" appearing in subclause (i) of clause 9, Use of Departmental Vehicles, and insert in lieu thereof the word "Region".

 

9.          Delete the words "Crown Employees (Public Service Conditions of Employment 1997" appearing in subclause (iii) of clause 9, Use of Departmental Vehicles, and insert in lieu thereof the following:

 

Crown Employees (Public Service Conditions of Employment) Award 2002.

 

10.        Delete the words "Crown Employees (Public Sector - Salaries January 2000 Award" appearing in paragraph (e) of subclause (i) of clause 10, Overtime and insert in lieu thereof the following:

 

Crown Employees (Public Sector - Salaries January 2002) Award.

 

11.        Delete the word "Area" appearing in subclauses (i) and (ii) of clause 11, Selection Criteria and Process, and insert in lieu thereof the word "Regional".

 

12.        Delete the word "Area" appearing in clause 12, Training, and insert in lieu thereof the word "Regional".

 

13.        Delete subclause (viii) of clause 14, Dispute Resolution Procedures, and insert in lieu thereof the following:

 

(viii)     The union or the Department Head may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

14.        Delete subclause (ix) of clause 14, Dispute Resolution Procedures and insert in lieu thereof the following:

 

(ix)       The union, department and PEO shall agree to be bound by any final order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

15.        Delete clause 15, Date and Period of Operation, and insert in lieu thereof the following new clause:

 

15.  Date and Period of Operation

 

The rates prescribed in clause 6, Rates for After Hours Service, shall apply to those officers who are required to provide an After Hours Service and who are not in receipt of any greater rate.

 

This Award, published 18 May 2001 (324 I.G. 1077), took effect on and from 22 July 1999 and rescinded and replaced the New South Wales Department of Community Services Award 1994 published 10 March 1995 (284  I.G. 451).

 

This variation (except for Part B,Monetary Rates) shall take effect on and from 4 April 2003.  The rates within Part B, Monetary Rates, will have effect from the dates indicated in the tables.

 

16.        Delete Part B, Monetary Rates, and insert in lieu thereof the following:

 

Part B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Classification	Amount  from first full	Amount from first full pay
	pay period to commence on	period to commence on or
	or after 1 December 2002	after 1 August 2003
	$	$
Monday 5.00 p.m. to Saturday 9.00 a.m.	60.00 per day	65.40 per day
Saturday 9.00 a.m. to Sunday 9.00 a.m.	90.00 per day	98.10 per day
Sunday 9.00 a.m. to Monday 9.00 a.m.	90.00 per day	98.10 per day
Public Holiday	90.00 per day	98.10 per day

 

Table 2 - Other Rates and Allowances

 

Item.	Clause.	Amount from first full	Amount from first full
No	No	pay period to commence on	pay period to commence
		or after 1 December 2002	on or after 1 August 2003
		$	$
1	6(ii) Disturbance Rate	18.00 per day	19.60 per day

 

17.        This variation shall take effect on and from 4 April 2003, except for Part B, Monetary Rates, for which the dates indicated in the tables will apply.

 

 

J. P. MURPHY, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.