Crown Employees (Centennial Park And Moore Park Trust Building And Mechanical Services Staff) Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 612 of 2007)

 

 

REVIEWED AWARD

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Parties

3.         Definitions

4.         Intention

5.         Workplace Reform Program

6.         Wage Rates

6A       School Based Apprentices

7.         General Conditions of Employment

8.         Deduction of Union Membership Fees

9.         Consultative Committee

10.       Grievance and Dispute Resolution Procedures

11.       Classification Standards

12.       Anti-Discrimination

13.       Carer's Leave

14.       Savings and Rights

15.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Allowances

 

PART A

 

1.  Title

 

This award shall be known as the Crown Employees (Centennial Park and Moore Park Trust Building and Mechanical Services Staff) Award 2007.

 

2.  Parties

 

2.1        This Award has been made between the following parties:

 

The Director of Public Employment

 

The Department of the Arts, Sport and Recreation

 

Communications, Electrical, Electronic, Information, Postal, Plumbers and Allied Services Union of Australia Plumbing Division (New South Wales Branch).

 

Construction, Forestry, Mining and Energy Union (New South Wales Branch) and

 

Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union. New South Wales Branch.

 

3.  Definitions

 

Staff means and includes all persons permanently or temporarily employed under the provisions of the Public Sector Employment and Management Act 2002 and who, as 21 November 1997 were occupying one of the positions covered by this Award, or who, after that date, are appointed to or employed in one of such positions.

 

Supervision means, in addition to normal supervisory responsibilities, the assessment, evaluation and training of staff.

 

Union means the Communications, Electrical, Electronic, Information, Postal, Plumbers and Allied Services Union of Australia Plumbing Division (New South Wales Branch); The Construction, Forestry, Mining and Energy Union (New South Wales Branch), the Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union. (New South Wales Branch), having regard to their respective coverage.

 

4.  Intention

 

4.1        The purpose of this award is to regulate the terms and conditions of employment of staff employed at Centennial Park who are engaged in the trades of Carpenter, Motor Mechanic, Painter and Plumber.

 

4.2        It is intended that this Award will align the wages of the staff employed under this award with the staff employed under the Crown Employees (Parks and Gardens - Horticulture and Rangers Staff) Award.

 

4.3        It is intended that the Award will provide a suitable basis for the parties to implement appropriate arrangements to ensure that corporate objectives are met.

 

4.4        This award will help facilitate the processes necessary to enhance the productivity of the organisation and provide a better return to the organisation, the staff, and the community.

 

5.  Workplace Reform Program

 

5.1        The parties agree to the implementation of the following workplace reform processes.

 

5.1.1     Rostered Days Off

 

(i)         Staff shall work a nine-day fortnight with all staff on duty on the same days, or by agreement.

 

(ii)        Rostered days off (RDO's) may be accumulated up to a maximum of five (5) per annum and shall be taken on days set by mutual agreement with management. Such days may be in conjunction with annual leave.

 

5.1.2     Annual Leave Loading

 

Annual Leave Loading shall be paid annually on the last pay period in November.

 

5.1.3     Afternoon Tea

 

Afternoon Tea to be taken only at the work site without interruption to work.

 

6.  Wage Rates

 

6.1        Wage rates are contained in Table 1 of the award.  All allowances have been rolled up into the total wage rate except for those allowances contained in Clause 7.3 of this Award.

 

6.2        Wages for staff covered by this award shall be adjusted by no less than any increase in the Crown Employees Wages Staff (Rates of Pay) Award 2005.

 

6.3        Apprentice staff shall be paid a percentage of the rate of pay applicable to Level Five (5), Year l:

 

Year One - 45%

 

Year Two - 60%

 

Year Three - 75%

 

Year Four - 85%

 

6A.  School Based Apprentices

 

6A.1    A school based apprentice is an employee who is undertaking an apprenticeship under a training contract while also enrolled in the Higher School Certificate.

 

6A.2    The hourly rates for full time apprentices as set out in this Award shall apply to school based apprentices for total hours worked including time deemed to be spent in off-the-job training.

 

6A.3    For the purposes of subclause (b)(i) of this clause, where a school based apprentice is a full time school student, the time spent in off the job training for which the school based apprentice is paid is deemed to be 25 per cent of the actual hours worked on the job each week.

 

6A.4    The wages paid for training time may be averaged over the school term or year.

 

6A.5    Where this Award specifies a weekly rate for full time apprentices, the hourly rate shall be calculated by dividing the applicable weekly rate by 38.

 

6A.6    School based apprentices progress through the wage scale at the rate of 12 months' progression for each two years of employment as an apprentice.

 

6A.7    The rates of pay are based on a standard apprenticeship of four years. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school based apprentice undertaking the applicable apprenticeship.

 

6A.8    Where an apprentice converts from a school based to a full-time apprenticeship, all time spent as a full­time apprentice counts for the purpose of progression through the wage scale set out in this Award. This progression applies in addition to the progression achieved as a school based apprentice.

 

6A.9    Except as provided by this clause, school based apprentices are entitled to pro rata entitlements of all other conditions of employment contained in this Award.

 

7.  General Conditions of Employment

 

7.1        Except as otherwise provided in this Award, staff shall be entitled to and shall observe the conditions of employment made pursuant to the provisions of the Public Sector Employment and Management Act 2002 and the Public Sector Employment and Management (General) Regulation 1996.

 

7.2        The provisions of the Crown Employees (Skilled Trades) Award shall also apply to staff covered by this Award, unless specifically varied by provisions of this Award.

 

7.3        All allowances previously paid to staff covered by this Award are to be rolled into salary with the exception of the following:

 

7.3.1     Chokage Allowance

 

A weekly allowance specified on an annual basis at Item 1 of Table 2 will be paid to those staff required to undertake chokage work.

 

7.3.2     Plumbers Licence and Registration

 

The Plumbers Licence and Registration will be paid weekly as set out on an annual basis at Item 4 of Table 2 for three licences, at Item 3 of Table 2 for two licences, At Item 2 for one licence and at Item 5 of Table 2 for registration.

 

7.4        The provisions of the Crown Employees (Skilled Trades) Award, which give staff, an entitlement to take a paid holiday as a Picnic Day shall continue to be applied with the holiday being taken on a working day nominated by the Director, between Christmas and New Year.

 

7.5        Conditions of service not covered by the Crown Employees (Skilled Trades) Award shall be regulated by the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006, as varied.

 

7.6        Where there is any inconsistency between this Award and the relevant industrial instruments covering the Department of the Arts, Sport and Recreation and its staff, this Award shall prevail to the extent of the inconsistency.

 

8.  Deduction of Union Membership Fees

 

8.1        The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union's rules.

 

8.2        The union shall advise the employer of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

8.3        Subject to (i) and (ii) above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union's rules, provided that the employee has authorised the employer to make such deductions.

 

8.4        Monies so deducted from employee's pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees' union membership accounts.

 

8.5        Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

8.6        Where an employee has already authorised the deduction of union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

9.  Consultative Committee

 

9.1        A committee has been established to monitor the implementation of this Award and make, during its period of operation, recommendations to the Director of the Centennial Park and Moore Park Trust with regard to:

 

(i)         implementation of the classification levels and progressions between classifications levels as provided in Clause 11;

 

(ii)        any other matters regarding the implementation of this Award.

 

9.2        The committee consists of representatives of management and representatives of the unions, which are party to this Award, the latter chosen at the discretion of the union members covered by this Award.

 

9.3        The Committee shall meet from time to time as required.

 

9.4        Should the parties to the Committee fail to reach agreement on any matter the Dispute Resolution Procedures outlined in Clause 10 will be followed.

 

10.  Grievance and Dispute Resolution Procedures

 

10.1      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.

 

10.2      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.

 

10.3      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.

 

10.4      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.

 

10.5      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.

 

10.6      The Department Head may refer the matter to the Director of Public Employment for consideration.

 

10.7      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.

 

10.8      A staff member, at any stage, may request to be represented by the Union.

 

10.9      The staff member or the Union on their behalf, 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.

 

10.10    The staff member, Union, department and Director of Public Employment shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

10.11    Whilst the procedures outlined in subclauses 10.1 to 10.9 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 occupational 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

 

11.  Classification Standards

 

11.1      A position falling within the scope of this Award will have assigned to it a classification level determined in accordance with the classification standards detailed below.

 

11.2      Broad banding Classifications

 

11.2.1   For the purposes of this Award, Level 5/6 is a broad-banded classification.  Progression between Levels 5 & 6 is by way of a "soft" progression based on competency assessment and appeal processes that are to be agreed between the parties.

 

11.2.2   For the purposes of this Award, Level 7/8 is a broad-banded classification. Progression between Levels 7 & 8 is by way of a "soft" progression based on competency and appeal processes that are to be agreed between parties.

 

11.3      The following classification levels will apply:

 

11.3.1   Level 5

 

The occupant of a position established at Level 5 of this Award will:

 

(a)        Work under minimal supervision and therefore be required to exercise independent judgement at trade level; and

 

(b)       Have a recognised trade certificate and possess the relevant Interpretation skills and other skills and relevant experience required to:

 

(i)         perform trade level duties; and/or

 

(ii)        supervise apprentices; and

 

(iii)       communicate with supervisors and other staff.

 

11.3.2   Level 6

 

The occupant of a position established at Level 6 of this Award will:

 

(a)        Work under minimal supervision and therefore be required to exercise independent judgement at an advanced trade level and exercise initiative with regard to matter of minor complexity; and

 

(b)       Have a recognised trades certificate so that they have the developed communication skills, interpretation skills and other skills and relevant experience required to:

 

(i)         perform advanced trade level duties; and/or

 

(ii)        supervise apprentices; and/or

 

(iii)       communicate with supervisors and other staff; and/or

 

(iv)       communicate semi-technical information to the public.

 

(c)        Fulfil the requirements for progression to Level 6 based on the assessment and appeals processes agreed between the parties.

 

11.3.3   Level 7

 

The occupant of a position established at Level 7 of this Award will:

 

(a)        Work independently on assigned specialist work and lead a small work team on assigned work and therefore be required to exercise independent judgement and to be accountable for work performance; and

 

(b)       Have a recognised trades certificate, and have the skills and relevant supervisory experience required to:

 

(i)         Manage as the Leader of a small team of staff (normally less than 6 staff) - supervising and training staff; and

 

(ii)        Be accountable for completion for completion of work to agreed standards; and/or

 

(iii)       Solve technical problems of limited complexity; and

 

(iv)       Document and communicate technical data and information to other staff and/or the public.

 

11.3.4   Level 8

 

The occupant of a position established at Level 8 of this Award will:

 

(a)        Work independently on assigned specialist work and lead a team on assigned work and therefore be required to exercise independent judgement and to be accountable for work performance; and

 

(b)       Have a recognised trades certificate and have the skills and relevant supervisory experience required to:

 

(i)         Manage a team of staff (normally less than 6 staff) - supervising and training staff; and

 

(ii)        Be accountable for completion of work to agreed standard; and/or

 

(iii)       Solve technical problems of some complexity; and

 

(iv)       Document and communicate technical data and information to staff and/or the public.

 

(c)        Fulfil the requirements for progression to Level 8 based on the assessment and appeals processes agreed between the parties.

 

12.  Anti-Discrimination

 

12.1      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.

 

12.2      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.

 

12.3      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.

 

12.4      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.

 

12.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTE:

 

(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 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."

 

13.  Carer's Leave

 

13.1      The provision of Carer's Leave, as previously available under this Award, has been replaced by clause 74 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006, "Family and Community Service Leave", and clause 82 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006, "Sick Leave to Care for a Family Member".

 

14.  Savings and Rights

 

14.1      No staff member shall suffer a reduction in his or her rate of pay loss of or diminution of his or her conditions or employment as a consequence of the making of this Award.

 

14.2      Should there be a variation to the Crown Employees (Skilled Trades) Award, the Crown Employees Wages Staff (Rates of Pay) Award 2005 or the Crown Employees (Parks And Gardens - Horticulture And Rangers Staff) Consent Award 2004 or any award replacing those awards, the staff covered by this Award will maintain the same rates of pay relationship to the classification covered by the Crown Employees (Skilled Trades) Award or the Crown Employees (Parks And Gardens - Horticulture And Rangers Staff) Consent Award 2004 either by an application for variation, or the making of a new Award.

 

15.  Area, Incidence and Duration

 

15.1      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Centennial Park And Moore Park Trust Building And Mechanical Services Staff 2001) Award published 24 September 2004 (346 IG 528), as varied.

 

15.2      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 13 September 2007.

 

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

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

 

Table 2 - Allowances

 

 

 

 

D. W. RITCHIE, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.