CROWN EMPLOYEES (OPERATIONAL STAFF - NSW AGRICULTURE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW
Agriculture.
(No. IRC 2473 of 2002)
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Before The Honourable
Justice Schmidt
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9 May 2002
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AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definition
3. Salaries
4. Saving of
Rights
5. Minimum
Qualification Requirements and Commencing Rates
6. Promotional
Criteria
7. Allowances
8. Review of
Allowances Payable in Terms of this Award
9. Hours of
Work - Day Work
10. Hours of
Work - Shift Work
11. Overtime
12. Public
Service Holiday
13. Job
Evaluation
14. Appeals
Mechanism
15. Dispute
Handling Procedure
16. Deduction
of Union Membership Fees
17. Anti-Discrimination
18. Public
Holidays
19. Transitional
Arrangements
20. Area
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Allowances
1. Title of the Award
(i) This Award
shall be known as the Crown Employees (Operational Staff - NSW Agriculture)
Award.
2. Definitions
(i) "Act"
means the Public Sector Management Act
1988.
(ii) "Apprentice"
means an Apprentice employed in a trade covered by the Crown Employees (Skilled
Tradesmen) Award and Dairy Industry Employees (State) Award.
(iii) "Association"
means the Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales.
(iv) "Department"
means the Department of Agriculture, as specified in Schedule 1 of the Public Sector Management Act, 1988.
(v) "Farm
Assistant", Livestock Attendant", "Senior Livestock
Attendant", "Laboratory Craftsman" and "Senior Laboratory
Craftsman" means a member of staff who is appointed to a position
designated as such.
(vi) "Farm
Supervisor" means a member of staff who is appointed to a position
designated as such.
(vii) "Foreman-Special
Grade" means an officer employed as a foreman who, in the opinion of the
Public Employment Office/Department, has special responsibilities involving
supervision of another foreman and more than one major field of activity.
(viii) "Gardener-Tradesman"
means an employee who has satisfactorily completed indentures in the industry
of horticulture and gardening and holds the Horticulture Certificate of the
Department of Technical and Further Education or a certificate of equal or
higher status and is engaged as a tradesman in horticulture, gardening, green
keeping, floral decoration and all phases of allied works, such as rockery
building, paving, landscaping and the like. Provided that an officer who at the
time of the making of this Award has been appointed as a "gardener"
under the Crown Employees (Gardening Staff) Award 66211 (212 I.G. 8) or as a
"gardener" under the General Division Staff Agreement No. 2153 of
1975 and who through ongoing experience described, shall for the purpose of the
Award be deemed to be a gardener tradesman.
(ix) "Gardener-experienced"
means an officer, not being a gardener-tradesman, as defined, who is appointed
to act as gardener in the absence of or unavailability of a gardener- tradesman
and who, by experience, is capable of performing gardening work to a
satisfactory level.
(x) "Gardener-labourer"
means an officer who is appointed to assist a gardener or to assist generally
in gardening work and may be required to carry out under the supervision of a
gardener any of the work set out in the definition of "gardener-tradesman'
and includes the operation of small petrol or electricity driven hand mowers
and the like.
(xi) "Gardener-labourer
1st class" means a garden labourer who is capable of and required from
time to time to drive and/or operates motorised tractor hauled or mechanical
equipment used in gardening, tree lopping, paving, kerb making, rockery
building and landscaping.
(xii) "Handyperson"
means a member of staff who is appointed to a position designated as such and
who carries out minor repairs and maintenance of farm buildings, structures and
equipment.
(xiii) "Job
Evaluation" means a methodology agreed to between the parties to grade
Operational Staff positions under this Award.
(xiv) "Leading
Hand" means a member of staff who is appointed to a position designated as
such and who supervises a particular operation(s).
(xv) "Prior
Learning" means recognising formal skills and experience.
(xvi) "Maintenance
Operator" means a member of staff who is appointed to a position
designated as such and who carries out repairs and maintenance of farm buildings,
structures and equipment and is appointed to a position that requires
possession of a trade qualification as a condition of employment.
(xvii) "Maintenance
Supervisor" means a member of staff who is appointed to a position of
Building Foreman that requires possession of a trade qualification as a
condition of employment.
(xviii) "Member of
Staff" for the purposes of this Award, means a person employed as an
officer on probation, or officer, employed in any capacity under the provisions
of Part 2 of the Act, or a temporary employee employed under S.38 of the Act,
who are classified under this Award, and employed in either a part time of full
time capacity.
(xix) "Normal
Work" normal work as defined in subclause (h) of Clause 15, Dispute
Handing Procedures is defined as the duties and responsibilities relevant to
the Statement of Duties, or Position Description of a member, or members of
staff at the time of a Grievance, Dispute or Difficulty,
(xx) "PEO"
means the Public Employment Office.
(xxi) "Position"
means a position as dealt with in Section 8 of the Public Sector Management Act, 1988.
(xxii) "Public
Service" means the Public Service of New South Wales as defined in the Public Sector Management Act, 1988.
(xxiii) "Regulation"
means the Public Sector Management (General) Regulation, 1996.
(xxiv) "Service"
means continuous service for salary purposes.
(xxv) "Salary
Rates" means the ordinary time of pay for the member of staff's grading,
excluding shift allowances, weekend penalties and all other allowances not
regarded as salary.
(xxvi) "Unions"
means The Australian Workers Union, New South Wales Branch, Australian
Manufacturing Workers Union, New South Wales Branch, the Electrical Trades
Union of Australia, New South Wales Branch, Communications, Electrical &
Plumbing Union, Plumbing Division (NSW Branch); and the Construction, Forestry,
Mining and Energy Union, New South Wales Branch.
3. Salaries
(i) Subject to
the provisions of the NSW Public Sector
Management Act 1988, and the Regulations thereunder, the rates of salary as
set out in Table 1 - Salaries, of Part B, Monetary Rates, shall be paid to
members of staff appointed to the positions specified.
(ii) Existing
allowances payable for passing prescribed annual technical college examinations
shall continue to be paid to apprentices in accordance with the Crown Employees
(Skilled Tradesmen) Award and Dairy Industry (State) Award.
4. Saving of Rights
(i) No member of staff
employed in the Department under another award, agreement, or determination on
27 March 1997, or thereafter, who is re-classified under this award shall
receive a salary which is less than the salary received under the member of
staff's former award, agreement or determination.
5. Minimum
Qualification Requirements & Commencing Rates
(i) The
commencing rate of pay for a member of staff who is appointed to a position of
Farm Assistant shall be the rate of pay prescribed for Grade 1, Step 1.
(ii) The
commencing rate of pay for a member of staff who is appointed to a position of
Operator (Prickly Pear) shall be the rate of pay prescribed for Grade 1, Step
1.
(iii) The
commencing rate of pay for a member of staff who is appointed to a position of
Garden Labourer shall be the rate of pay prescribed for Grade 1, Step 1.
(iv) The commencing
rate of pay for a member of staff who is appointed to a position of Handyperson
shall be the rate of pay prescribed for Grade 1, Step 3.
(v) The commencing
rate of pay for a member of staff who is appointed to a position of Garden
Labourer 1st Class shall be the rate of pay prescribed for Grade 1, Step 3.
(vi) Except as
provided by Clause 19 (iii) of this Award the commencing rate of pay for a
member of staff who is appointed to a position of Leading Hand shall be the
rate of pay prescribed for Grade 2, Step 1.
(vii) The commencing
rate of pay for a member of staff who is appointed to a position of
Gardener-Experienced shall be the rate of pay prescribed for Grade 2, Step 1.
(viii) The commencing
rate of pay for a member of staff who is appointed to a position of Maintenance
Operator and who possesses a trade qualification, other than plumbing or
electrical, shall be the rate of pay prescribed for Grade 2, Step 2.
(ix) The commencing
rate of pay for a member of staff who is appointed to a position of Supervisor
(Prickly Pear) shall be the rate of pay prescribed for the second year of
service for Grade 2, Step 2.
(x) The commencing
rate of pay for a member of staff who is appointed to a position of Maintenance
Operator and who possesses a plumbing trade qualification, shall be the rate of
pay prescribed for Grade 2, Step 3.
(xi) The commencing
rate of pay for a member who is appointed to a position of Gardener-tradesman
shall be the rate of pay prescribed for Grade 2, Step 3.
(xii) The commencing
rate of pay for a member of staff who is appointed to a position of Maintenance
Operator and who possesses an electrical trade qualification shall be the rate
of pay prescribed for Grade 3, Step 1.
(xiii) The commencing
rate of pay for a member of staff who is appointed to a position of Fitter
Operator shall be the rate of pay prescribed for Grade 3, Step 3 (however, this
rate must not fall below the prescribed rate under the General Division Staff
Salaries Agreement 2368 of 1982).
(xiv) The commencing
rate of pay for a member of staff who is appointed to a position of Farm
Foreman of a B Grade Research Station shall be the rate of pay prescribed for
Grade 4, Step 1.
(xv) The commencing
rate of pay for a member of staff who is appointed to a position of Farm
Foreman of an A Grade Research Station shall be the rate of pay prescribed for
Grade 5, Step 1.
(xvi) The commencing
rate of pay for a member of staff who is appointed to a position of Gardener
Foreman shall be the rate of pay prescribed for Grade 5, Step 2.
(xvii) The commencing
rate of pay for a member of staff who is appointed to a position of Gardener
Foreman Special Grade shall be the rate of pay prescribed for Grade 5, Step 3.
(xviii) The commencing
rate of pay for a member of staff who is appointed to a position of Maintenance
Supervisor shall be the rate of pay prescribed for Grade 6, Step 1.
6. Promotional Criteria
(i) Promotion
between grades shall be by appointment subject to the occurrence of a vacancy
and by a competitive selection process.
(ii) Movement
within the incremental range of a grade shall be subject to the acquisition of
relevant National Competency Points at the required Australian Qualification
Framework (AQF) Level necessary to justify progression to that higher salary
level. The specific progression
requirements are set out in the NSW Agriculture Operational Staff Workplace
Assessment and Progression Handbook.
7. Allowances
(i) A member of
staff employed upon any chokage and who is required to open up any soil pipe,
waste pipe, drain pipe or pump conveying offensive material or a scupper
containing sewerage or if the member of staff is required to work in a septic
tank in operation, shall be paid an additional amount per day or part of a day
as set out in Item 1 of Table 2 - Allowances, of Part B, Monetary Rates.
(ii) A Maintenance
Supervisor or a Maintenance Operator who, as a condition of their employment,
is required to possess and use a trade licence shall, in additional to the rate
of pay prescribed in Clause 3, Salaries, be paid any of the allowances as set
out in Item 2 of Table 2 as is deemed appropriate.
(iii) A Maintenance
Supervisor, Maintenance Operator or an Apprentice who, as a condition of their
employment, is required to provide their normal tools of trade shall, in
addition to the rate of pay prescribed in Clause 3, Salaries, be paid the
allowance as set out in Item 3 of Table 2 as is deemed appropriate.
Part-time and casual employees shall be paid the hourly
equivalent of the abovementioned rates respectively, calculated as follows:
|
Appropriate annual allowance
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x
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1
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52.17857143
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38
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(iv) Any Operational
Staff member Grade2 or above who retains the Leading Hand Allowance as a result
of operation of the transitional arrangements prescribed by Clause 19(i) of
this Award shall, in addition to the appropriate rate of pay prescribed in
Clause 3, Salaries, be paid an allowance as set out in Item 4 of Table 2 -
Allowances, of Part B, Monetary Rates. That allowance is to be superable and is
to be regarded as salary for all purposes.
(v) Staff who are
required to work a broken shift shall be paid an amount per day extra as set
out in Item 5 of Table 2 - Allowances, of Part B, Monetary Rates.
(vi) An Operational
Staff member shall be paid the appropriate working dog allowance as set out in
Item 6 of Table 2 - Allowances, of Part B Monetary Rates where the relevant
Research Station Manager certifies that the use of staff member’s working
dog(s) is/are necessary for the efficient conduct of the station’s operations.
(vii)
(a) A Staff member
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such Staff member as specified
in Item 7 of Table 2 - Allowances, of Part B Monetary Rates.
(b) The First Aid
Allowance shall not be paid during extended leave or any other continuous
period of leave which exceeds four weeks.
(c) When the First
Aid Officer is absent on leave for one week or more and another qualified Staff
member is selected to relieve in the First Aid Officer’s position, such Staff member
shall be paid a pro rata first aid allowance for assuming the duties of a First
Aid Officer.
(viii) An employee
required to work more than one and one half hours after the ordinary ceasing
time shall be provided with a meal or be paid the appropriate Overtime Meal
Allowance as set out Item 8 of Table 2 - Allowances, of Part B Monetary Rates
for such a meal and after the completion of each four hours of continuous
overtime thereafter shall be paid the appropriate rate as set out in Item 8 of
Table 2 - Allowances, of Part B Monetary Rates for each subsequent meal in
addition to his overtime payment.
(ix) A Maintenance
Operator required to hold and act upon a First Class Refrigeration
Certification issued by the Department of Industrial Relations shall be paid
the rate as set out in Item 9 of Table 2 - Allowances, of Part B Monetary
Rates.
8. Review of
Allowances Payable in Terms of This Award
(i) Adjustment of
Allowances - Allowances contained in this award shall be reviewed as follows:
(a) Allowances
payable in terms of Clauses listed in this paragraph shall be reviewed in
accordance with variations to the Crown Employees (Public Sector Salaries -
January 2000) Award or an Award replacing:
Clause 7 (i), Chokage Allowances;
Clause 7 (ii), Licence and Registration Allowances;
Clause 7 (iv), Leading Hand Allowance;
Clause 7 (vii), First Aid Allowances;
Clause 7 (ix), Refrigeration Allowance.
(b) Allowances
payable in terms of Clauses listed in this paragraph shall be reviewed in
accordance with variations to the Crown Employees (Wages Staff Rates of Pay)
Award:
Clause 7 (iii), Tool Allowances;
Clause 7 (v), Broken Shift Allowances;
(c) Overtime Meal
Allowances payable in terms of Clause 7 (viii) shall be reviewed in accordance with
variations to Meal Allowances prescribed by the Crown Employees (Public Service
Conditions of Employment 1997) Award.
(d) Dog Allowances
payable in terms of Clause 7 (vi) shall be adjusted on 1 January each year in
line with the increases in the Consumer Price Index for Sydney during the
preceding calendar year.
9. Hours of Work -
Day Work
(i) The ordinary
working hours shall be thirty-eight per week and shall be worked in accordance
with the following provisions for a four-week work cycle:
(a) Except in the
case of staff engaged in attending livestock, the ordinary working hours shall
be worked as a twenty-day four-week cycle Monday to Friday, inclusive, with
nineteen working days of eight hours each between the hours of 6:00 am and 6:00
pm, with 0.4 of one hour on each day worked accruing as an entitlement to take
one rostered day off in each work cycle as a day off paid for as though worked.
(b) The ordinary
working hours of staff engaged in attending livestock shall be worked as a
twenty day, four week cycle of five days per week during the period Monday to
Saturday inclusive within nineteen working days of eight hours each between the
hours of 6:00 am and 6:00 pm, with 0.4 of one hour on each day worked accruing
as an entitlement to take one rostered day off in each work cycle as a day off
paid for as though worked.
(c) The rostered
day off shall be a Monday or a Friday within the working cycle provided that by
agreement of the Department and the member of staff, the rostered day off may
be taken on any other day within the work cycle or accrued as an entitlement
for a day off to be taken in a subsequent work cycle.
Provided further that no member of staff shall be
entitled to accrue more than six rostered days off under the terms of this
subsection. All rostered days off shall be taken by the member of staff as
leisure days off, and except as provided for in this subsection, no work shall
be performed by a member of staff on their rostered off day or days.
(d) A roster of
days off (provided for under this subsection) for each member of staff shall be
notified to staff prior to the commencement of each working cycle. Unless
otherwise decided by mutual agreement staff shall be provided with seven (7)
working days notice of a change in roster, provided that, in the case of an
emergency situation, forty-eight (48) hours notice of a change in roster may be
given by the Department.
(e) Where such
rostered day off prescribed by this sub-Clause falls on a public holiday as
prescribed in the Crown Employees (Public Service Conditions of Employment
1997) Award, the next working day shall be taken in lieu of the rostered day
off unless an alternative day in that four-week cycle (or the next four-week
cycle) is agreed in writing between the Department and the member of staff.
(f) Each day of
paid leave taken and any public holidays occurring during any cycle of four
weeks shall be regarded as a day worked for accrual purposes.
(g) A member of
staff who has not worked a complete four-week cycle, shall receive pro-rata
accrued entitlements for each day worked (or each fraction of a day worked) or
regarded as having been worked in such cycle, payable for the rostered day off
or, in the case of termination of employment, on termination.
(h) Staff shall
commence and cease work at their headquarters or other usual or constant
location or as otherwise reasonably directed by the Department.
(i) Staff shall
be entitled to a meal break each day of not less than half an hour in duration
provided that the said meal break shall be taken between 11:30 am and 1:30 pm
at a time convenient to the Department.
(j) A tea break
during the morning period of not more than twenty minutes duration shall be
allowed to each individual member of staff, at a time to be arranged by the
Department without deduction from their salaries. The Department may grant a tea break of not more than ten minutes
duration during both the morning and afternoon periods of the working day in
lieu of 20 minute morning tea break.
10. Hours of Work -
Shift Work
(i) The ordinary
working hours for shift work shall be thirty-eight per week and shall be worked
in accordance with the following provisions for a four-week work cycle:
(a) The ordinary
working hours for shift work shall be worked as twenty-day four-week cycle of
five days per week during the period Monday to Sunday inclusive (except broken
shifts) with nineteen working days of eight hours each, with 0.4 of one hour on
each shift accruing as an entitlement to take one rostered shift off in each work
cycle as a shift off paid for as though worked.
(b) The rostered
shift off shall be Monday or a Friday within the working cycle provided that by
agreement of the Department and the member of staff the rostered shift off may
be taken on any other day within the work cycle or accrued as an entitlement
for a shift off to be taken in a subsequent work cycle. Provided further, that
no member of staff shall be entitled to accrue more than six shifts off under
the terms of this subsection. All rostered shifts off shall be taken by the
member of staff as a leisure day off, and except as provided for in this
subsection no work shall be performed by a member of staff on their rostered
off shift or shifts.
(c) A roster of
shifts off (provided for under this subsection) for each member of staff shall
be notified to employees prior to the commencement of each working cycle.
Unless otherwise decided by mutual agreement staff shall be provided with seven
(7) working shifts notice of change in roster provided that in the case of an
emergency situation, forty-eight (48) hours notice of change in roster may be
given by the Department.
(d) Where such
rostered shift off prescribed by this sub Clause falls on a public holiday as
defined in the Crown Employees (Public Service Conditions of Employment 1997)
Award, the next working day shall be taken in lieu of the rostered shift off
unless an alternative day in that four-week cycle (or the next four-week cycle)
is agreed in writing between the employer and the member of staff.
(e) Each shift of
paid leave taken and any public holidays occurring during any cycle of four
weeks shall be regarded as a shift worked for accrual purposes.
(f) A member of
staff who has not worked a complete four-week cycle, shall receive pro-rata
accrued entitlements for each shift worked (or each fraction of a shift worked)
or regarded as having been worked in such cycle, payable for the rostered shift
off or, in the case of termination of employment, on termination.
(g) Shift workers
shall be allowed a meal break of at least twenty minutes which shall be counted
as time worked at a time convenient to the Department.
(ii) Shift
Allowances
Shift workers shall be paid the following shift
allowances:
|
Shift
|
Commencing Time
|
Allowance in
Addition
|
|
|
|
to Ordinary Rate
|
|
Day
|
at or after 6am
|
Nil
|
|
Afternoon
|
at or after 10am and before 1pm
|
10%
|
|
Afternoon
|
at or after 1pm and before 4pm
|
12½%
|
|
Night
|
at or after 4pm and before 4am
|
15%
|
|
Night
|
at or after 4am and before 6am
|
10%
|
Provided that shift allowances shall not be paid in
respect of work done at weekends or on public holidays.
(iii) Penalty Rates
Shift workers shall be paid the following rates in
respect of work done at weekends or on public holidays.
(a) Weekends
The rate payable to shift workers for work done between
midnight Friday and midnight Saturday shall be ordinary time and a half. The
rate payable to shift workers for work done between midnight Saturday and midnight
Sunday shall be ordinary time and three quarters.
(b) Public
Holidays
The rate payable to shift workers for work done on a
public holiday shall be double time and a half.
(iv) Staff, other
than Operational Staff involved in Dairy Operations, shall not be required to
work shift work without the prior agreement of the Association or the
appropriate Union.
11. Overtime
(i) For the
purposes of this award, the Department Head or a person authorised by the
appropriate Department Head, may require a public servant to perform duty
beyond the hours determined under Clause 9 and 10 Hours of Work - Shift Work of
this award, but only if it is not unreasonable for the public servant to be
required to do so.
(ii) Except as
hereinafter provided, overtime at the rate of time and one half for the first
two hours and double time thereafter shall be paid for all time worked.
(a) in excess of
the daily number of rostered hours in one day; or
(b) outside the
limits of Clauses 9 and 10, Hours of Work.
(iii) Except as
provided for in Clause 10, all work performed on Sundays and Public Holidays
shall be paid for at the rate of double time and double time and a half
respectively. A member of staff required to work on a Sunday or Public Holiday
shall receive a minimum payment of 4 hours pay at the rate of double time or
double time and a half respectively.
(iv) In calculating
overtime rates, the allowances referred to in Clause 10, of the award shall be
disregarded.
(v) A member of
staff recalled to work overtime after 6:00 pm on any day other than a Sunday or
Public Holiday shall receive a minimum payment of 4 hours pay at the
appropriate overtime rate. On each recall the member of staff may be required
to work 4 hours.
(vi) A member of
staff who works so much overtime-
(a) between the
termination of their ordinary work day or shift, and the commencement of their
ordinary work in the next day or shift, that the member of staff has not had at
least ten consecutive hours off duty between these times;
(b) or on Saturdays,
Sundays and Holidays, not being ordinary working days or on a rostered day off,
without having had ten consecutive hours off duty in the twenty-four hours
preceding their ordinary commencing time on their next ordinary day or shift,
shall, subject to this sub-Clause, be released after completion of such
overtime until the member of staff has had ten hours off duty without loss of
pay for ordinary working time occurring during such absence.
Provided that, if on the instructions of the
Department, such a member of staff resumes, or continues to work, without
having had such ten consecutive hours off duty the member of staff shall be
paid at double rates until released from duty for the ten hour period and shall
then be entitled to be absent until the member of staff has had ten consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
(c) The provisions
of this Subclause shall apply in the case of shift workers as if eight hours
were substituted for ten hours when overtime is worked-
(1) For the
purpose of changing shift rosters, or
(2) Where a shift
worker does not report for duty and a day worker of a shift worker is required
to replace such shift worker, or
(3) Where a shift
is worked by arrangement between the staff themselves.
(vii) A member of
staff who is required to work overtime for two hours or more after the normal
ceasing time shall be allowed, at the expiration of the said two hours, 30
minutes for a meal or crib and thereafter a similar time allowance after every
four hours of overtime worked. Time for meals or crib through overtime periods
shall be allowed without loss of pay, provided that overtime work continues
after such break.
(viii) Where overtime
is worked on a Saturday, if work continues after 12 noon, a break for a meal of
30 minutes shall be allowed between 12 noon and 1pm which meal break shall be
taken without loss of pay.
(ix) Saturday Work
- Day Workers All ordinary time worked on Saturdays in accordance with Clause
10 (ii) of this Award shall be paid for at the rate of time and a half.
(x) Leave in Lieu
of Payment A member of staff approved to work overtime may, within two working
days following such work, elect to take leave in lieu of payment for all or
part of the entitlement in respect of the time so worked. Such leave in lieu
shall accrue at the rates specified for overtime in this Award i.e., such leave
in lieu shall accrue at the equivalent computed overtime rate.
Provided that:
(a) Where the
member of staff elects to receive leave in lieu of payment such leave in lieu
shall be taken at the convenience of the Department.
(b) Such leave in
lieu shall be taken in multiples of quarter day only.
(c) Subject to the
convenience of the Department, leave in lieu shall be taken within three months
of the date accrual, except in the case of leave in lieu in respect of work
performed on a public holiday, in which case an officer may elect to have such
leave in lieu added to annual leave credits.
(d) A member of staff
shall be entitled to payment for the balance of any overtime entitlement not
taken as leave in lieu.
(xi) Wherever
practicable, overtime at each Station/Centre/Institute will be equitably shared
between members of staff on the classification required to work such overtime.
12. Public Service
Holiday
(i) The Public
Service holiday as prescribed by Clause 14 part 3 of the Public Sector
Management (General) Regulation of 1996, shall be a Public Service
Holiday/Union Picnic Day for staff covered by this Award and shall be in lieu
of any other Picnic Day.
(ii) All staff
shall, as far as practicable, be given and shall take this day as the Public
Service Holiday/Union Picnic Day and shall be paid therefore as for eight
hours' work at the rate prescribed in Clause 3, Salaries, of this Award. Any
staff required to work on such day shall be paid at the rate of double time and
a half for not less than four hours' work. Provided that a member of staff who
is required to work on the Public Service Holiday/Union Picnic Day and who
fails to comply with such requirement shall not be entitled to payment for the
day.
13. Job Evaluation
(i) Positions
classified as Operational Staff shall be graded in accordance with the
accredited Job Evaluation methodology agreed by the Department, PEO and
Associations/Unions, or any other methodology agreed between the parties during
the operation of this Award to grade Operational Staff positions.
(ii) The grading
of Operational Staff positions shall be carried out in consultation between the
Department and Associations/Unions using the Department's Joint Consultative
Committee. This Committee shall be the forum for negotiation and consultation
on the operation of the Department's Job Evaluation methodology during the
operation of this Award.
(iii) Positions
will be evaluated and graded from time to time in the following circumstances:
(a) where the
nature of a position is significantly changed, or a new position is created.
(b) where a
position falls vacant, the Department can determine whether it is necessary to
evaluate and grade the position prior to advertising the vacancy.
(c) at the request
of any party to this Award provided that the position occupied by the member of
staff has not been evaluated and graded for a minimum of twelve (12) months.
Where a member of staff's position is evaluated as
falling within a lower or higher grading than that to which the member of staff
is presently appointed, then the Department:
(a) will examine
the feasibility of initiating work redesign changes to the position in order to
seek to justify the position's salary range at it's existing grading level, or;
(b) adhere to
existing statutory and related Public Service policies on filling regraded positions
if initiating action under sub-Clause (a) is determined to be inconsistent with
maintaining Department efficiency, or otherwise impracticable.
14. Appeals Mechanism
(i) A member of
staff of the Department shall have the right to appeal any decision made by the
Department in relation to their performance assessment review.
(ii) Officers
shall submit a written submission outlining their case to the Human Resources
Manager within 28 days of the decision being appealed.
(iii) The Human
Resources Manager shall constitute an appeals committee made up of one
Management representative (who shall not be the appellant's immediate
supervisor), one relevant Association/Union representative and one peer that is
acceptable to both Management and the Association/Union.
(iv) The appeal
shall be heard within 28 days of it being lodged and the recommendation of the
committee shall be forwarded to the Director-General or nominee for decision.
(v) The decision
of the Director-General or nominee shall be forwarded to the member of staff
concerned within 7 working days of the appeal being heard.
15. Dispute Handling
Procedures
(i) All
grievances, disputes, or difficulties 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 Department, if required.
(a) A member of
staff is required to notify (in writing or otherwise) their immediate
supervisor or 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.
(b) The immediate
supervisor or manager shall convene a meeting in order to resolve the
grievance, dispute or difficulty within two (2) days, or as soon as
practicable, of the matter being brought to attention.
(c) If the matter
remains unresolved with the immediate supervisor or manager, the member of
staff may request to meet with the appropriate person at the next level of
management in order to resolve the matter. This manager shall respond within
two (2) days, or as soon as practicable. This sequence of reference to
successive levels of management may be pursued by the member of staff until the
matter is referred to the Director-General.
(d) In the event
that the matter remains unresolved, the Director-General or his nominee shall
provide a written response to the member of staff and any other party involved
in the grievance, dispute or difficulty, concerning action to be taken, or the
reasons for not taking action, in relation to the matter.
(e) A member of
staff may request to be represented by an Association/Union representative.
(f) The member of
staff or Association/Union on their behalf, or the Director-General may refer
the matter to the New South Wales Industrial Relations Commission if the matter
is unresolved following the use of these procedures.
(g) The member of
staff, Association/Union, Department and PEO shall agree to be bound by any lawful
recommendation, order or determination by the New South Wales Industrial
Relations Commission in relation to the grievance, dispute or difficulty.
(h) Whilst the
procedures are being followed, normal work undertaken prior to notification of
the grievance or dispute shall continue unless otherwise agreed between the
parties, or, in the case of a dispute involving Occupational Health and Safety.
If practicable, normal work shall proceed in such a manner to avoid any risk to
the health and safety of any officer, or member of the public.
16. Deduction of
Union Membership Fees
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) 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."
17.
Anti-Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the 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."
18. Public Holidays
Operational Staff shall be entitled to the following public
holidays without loss of salary:
New Year's Day/Australia Day;
Christmas Day/Day Boxing Day;
Good Friday/Anzac Day;
Easter Monday/Queen's Birthday;
Labour Day Public Service holiday (i.e. a day between
Boxing Day and New Years Day to be determined by the Department Head);
and any other proclaimed or gazetted holiday for the
State of New South Wales.
19. Transitional Arrangements
(i) Any
Operational Staff member Grade 2 or above who receives the Leading Hand
Allowance as at the date of the first advertisement of the substantive
positions of Leading Hand established by this Award will not be financially
disadvantaged in the following circumstances:
(a) where
successful in their application for a position of Leading Hand;
(b) where
unsuccessful in the application for a position of Leading Hand; or
(c) where no
application is made for a position of Leading Hand.
Such staff shall retain their existing allowance until
they retire, resign or are promoted.
The Leading Hand allowance payable to such staff will continue to be
adjusted as prescribed by Clause 8, Review of Allowances. Such staff who do not occupy a substantive
position of Leading Hand, but who retain the Leading Hand Allowance can be
called upon to perform Leading Hand duties as the need arises whilst in receipt
of this allowance. In all other situations
payment of the Leading Hand Allowance will cease with the substantive
appointment of Leading Hands at the respective locations.
(ii) Trade based
Operational Staff who are appointed to substantive Leading Hand positions can
be required to perform duties associated with the trade(s) they possess in
addition to their Leading Hand duties.
(iii) Any
Operational Staff member Grade 1 who received a Leading Hand Allowance
immediately prior to being appointed to a substantive position of Leading Hand
would commence on Grade 2, Step 2 to avoid any salary reduction arising from
the cessation of the Leading Hand Allowance and progress thereafter subject to
the agreed competency based progression criteria.
20. Area, Incidence
and Duration
This Award rescinds and replaces the Crown Employees
(Operational Staff - Department of Agriculture) Award published 18 August 2000
(317 I.G. 1062), as varied.
This award shall apply to each member of staff described as
Operational Staff members in Clause 2, Definitions, and shall take effect from
9 May 2002 and shall remain in force thereafter for a period of 12 months. This award may be rescinded by mutual
consent, or the Industrial Relations Commission of New South Wales may rescind
the award after the period specified in its nominal term.
PART B
MONETARY RATES
Table 1 - Salaries
|
(A) Full time
(Annual Rate)
|
Per Annum
|
|
|
$
|
|
Junior
|
Under 17
|
20,481
|
|
|
at 17 years
|
24,870
|
|
Grade 1
|
Step 1
|
29,259
|
|
|
Step 2
|
30,340
|
|
|
Step 3
|
31,161
|
|
|
Step 4
|
32,242
|
|
Grade 2
|
Step 1
|
33,141
|
|
|
Step 2
|
34,086
|
|
|
Step 3
|
35,373
|
|
|
Step 4
|
36,259
|
|
Grade 3
|
Step 1
|
36,259
|
|
|
Step 2
|
37,686
|
|
|
Step 3
|
38,694
|
|
Grade 4
|
Step 1
|
39,788
|
|
|
Step 2
|
41,338
|
|
|
Step 3
|
42,646
|
|
Grade 5
|
Step 1
|
42,646
|
|
|
Step 2
|
43,936
|
|
|
Step 3
|
45,667
|
|
Grade 6
|
Step 1
|
47,000
|
|
|
Step 2
|
48,376
|
|
|
Step 3
|
50,294
|
|
(B) Apprentices Full-time (Weekly Rate)
|
Per Week
|
|
|
$
|
|
Year 1
|
292.92
|
|
Year 2
|
386.42
|
|
Year 3
|
492.62
|
|
Year 4
|
559.69
|
Table 2 - Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
|
$
|
|
1
|
7 (i)
|
Chokage Allowance
|
5.47 per day
|
|
|
|
|
or part thereof
|
|
2
|
7 (ii)
|
Maintenance Operator - Licence & Registration
|
Per annum
|
|
|
|
Allowances
|
|
|
|
|
Electricians Licence
|
A Grade
|
1,524
|
|
|
|
|
B Grade
|
819
|
|
|
|
Registration Allowance
|
1,148
|
|
|
|
(a) Plumber’s Licence
|
1,508
|
|
|
|
(b) Gasfitter’s Licence
|
1,508
|
|
|
|
(c) Drainer’s Licence
|
1,298
|
|
|
|
(d) Plumber’s/Gasfitter’s Licence
|
2,010
|
|
|
|
(e) Gasfitter’s/Drainer’s Licence
|
2,010
|
|
|
|
(f) Plumber’s/Drainer’s Licence
|
2,010
|
|
|
|
(g) Plumber’s/Gasfitter’s/Drainer’s Licence
|
2,775
|
|
3
|
7 (iii)
|
Maintenance Operator & Apprentice Tool
|
Per annum
|
|
|
|
Allowances
|
|
|
|
|
Carpenter
|
1,091
|
|
|
|
Electrician
|
610
|
|
|
|
Plumber
|
1,091
|
|
|
|
Motor Mechanic
|
1,091
|
|
|
|
Fitter & Turner
|
1,091
|
|
|
|
Welder
|
1,091
|
|
4
|
7 (iv)
|
Leading Hand Allowance
|
Per annum 1,328
|
|
5
|
7 (v)
|
Broken Shift Allowance
|
8.49 per day
|
|
6
|
7 (vi)
|
Dog Allowance Not Found - 1 Dog *
|
2.50 per week
|
|
|
|
Dog Allowance Not Found - 2 Dogs *
|
5.00 per week
|
|
|
|
Dog Allowance - 1 Dog
|
7.20 per week
|
|
|
|
Dog Allowance - 2 Dogs
|
14.40 per week
|
|
7
|
7 (vii)
|
Occupational First Aid Allowance
|
15.03 per week
|
|
|
|
First Aid Allowance
|
9.97 per week
|
|
8
|
7 (viii)
|
Overtime Meal Allowance
|
|
|
|
|
First Meal
|
8.70
|
|
|
|
Subsequent Meals
|
7.30
|
|
9
|
7 (ix)
|
Refrigeration Allowance
|
Per annum 402
|
* Where dog is fed meat supplied by the Department
M. SCHMIDT J.
____________________
Printed by the
authority of the Industrial Registrar.