Crown
Employees (NSW Department of Trade and Investment, Regional Infrastructure and
Services) Geoscientists Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 234 of 2012)
|
Before The Honourable
Mr Justice Staff
|
30 March 2012
|
REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Parties to
the Award
4. Salaries
5. Progression
of Officers
6. Grievance and
Dispute Settling Procedures
7. Anti-Discrimination
8. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Title
This award shall be known as the Crown Employees (NSW Department
of Trade and Investment, Regional Infrastructure and Services) Geoscientists
Award.
2. Definitions
(a) "Association"
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
(b) “Director
General” means the Director General, Department of Premier and Cabinet as
established under the Public Sector
Employment and Management Act 2002.
.“Department”
means the NSW Department of Trade and Investment, Regional Infrastructure and
Services , as specified in Schedule 1 of the Public Sector and Employment Management Act 2002.
(d) “Department
Head” means the Director-General of the NSW Department of Trade and Investment,
Regional Infrastructure and Services .
(e) "Geoscientist"
means an officer who has obtained an Earth Science degree or equivalent
requiring a minimum of three years full-time study at a recognised university
or tertiary institution, with a major in a Geoscience discipline.
(f) "Officer"
means and includes all persons permanently or temporarily employed under the
provisions of the Public Sector Employment and Management Act 2002 who
are appointed to positions classified under this award in the Department.
(g) "Service"
means continuous service.
3. Parties to the
Award
The parties to this award are the Director General and
the Association.
4. Salaries
The rates of salary shall be paid to officers appointed
to the positions specified as set out in Table 1 - Salaries, of Part B,
Monetary Rates.
5. Progression of
Officers
Progression of officers from Grade I to Grade II in
this award will be subject to:
(a) completion of 12
months satisfactory service on the maximum salary for Grade I; and
(b) the officer
having demonstrated a capacity to undertake geo-scientific investigations
involving a degree of originality and independence or to perform work of an
equivalent importance or value.
The promotion of officers beyond Geoscientist Grade II
will be subject to the occurrence of a vacancy and merit selection.
6. Grievance and
Dispute Settling Procedures
(a) 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.
(b) An officer 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.
(c) 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 officer 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.
(d) 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.
(e) If the matter
remains unresolved with the immediate manager, the officer 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 officer may pursue the
sequence of reference to successive levels of management until the matter is
referred to the Department Head.
(f) The Department
Head may refer the matter to the Director General for consideration.
(g) If the matter
remains unresolved, the Department Head shall provide a written response to the
officer 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.
(h) An officer, at
any stage, may request to be represented by the Association.
(i) The officer or
the Association 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.
(j) The officer,
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.
(k) Whilst the
procedures outlined in subclauses (a) to (j) 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 officer or member
of the public.
7.
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 and 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 which, 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.
(5) This clause does
not create legal rights or obligations in addition to those imposed upon the parties
by 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 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".
8. Area, Incidence
and Duration
(a) This award shall
apply to all the officers employed by the NSW Department of Trade and
Investment, Regional Infrastructure and Services as defined in clause 2, Definitions, of this Award.
(b) Officers are
entitled to the conditions of employment provided by this Award and by the
provisions in the following:
Public Sector Employment and Management Act
2002;
Public Sector Employment and Management Regulation
2009;
Crown Employees (Public Service Conditions of
Employment) Award 2009
Crown Employees (Public Sector - Salaries 2008) Award;
or
any replacement award, except where specifically varied
by this award.
(c) 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 the New South Wales on 28 April
1999 (310 I.G. 359) take effect on and from 30 March 2012.
Changes made to this award subsequent
to it first being published on 14 December 2007 (364 I.G. 714) have been
incorporated into this award as part of the review.
(d) 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 - Salaries
The salaries set out below, shall apply from the
beginning of the first pay period on or after 1 July 2011, in accordance with
the provisions of the Crown Employees (Public Sector – Salaries 2008) Award be
paid to officers appointed to the positions specified.
|
Classification and
Grades
|
Common Salary
|
Per annum
|
|
|
Point
|
|
|
|
|
$
|
|
Geoscientists
|
|
|
|
Grade I
|
|
|
|
1st year of service
|
47
|
53,967
|
|
2nd year of service
|
51
|
55,940
|
|
3rd year of service
|
57
|
59,121
|
|
4th year of service
|
64
|
63,425
|
|
5th year of service
|
71
|
67,939
|
|
6th year of service and thereafter
|
77
|
71,866
|
|
Grade II
|
|
|
|
1st year of service
|
82
|
75,552
|
|
2nd year of service
|
85
|
77,767
|
|
3rd year of service
|
89
|
80,902
|
|
4th year of service and thereafter
|
94
|
85,033
|
|
Senior
|
|
|
|
1st year of service
|
97
|
87,701
|
|
2nd year of service
|
99
|
89,511
|
|
3rd year of service
|
102
|
92,178
|
|
4th year of service and thereafter
|
105
|
94,826
|
|
Principal
|
|
|
|
1st year of service
|
111
|
100,613
|
|
2nd year of service and thereafter
|
114
|
103,550
|
|
Assistant Director, Geological Survey
|
|
|
|
1st year of service
|
119
|
108,892
|
|
2nd year of service
|
124
|
114,457
|
|
3rd year of service and thereafter
|
128
|
119,439
|
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.