Crown
Employees (NSW Department of Trade and Investment, Regional Infrastructure and
Services) Operational Staff Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 238 of 2012)
|
Before The Honourable
Mr Justice Staff
|
30 March 2012
|
REVIEWED
AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Title of
the Award
2. Definitions
3. Salaries
4. School
Based Apprentices
5. Saving of
Rights
6. Minimum
Qualification Requirements and Commencing Rates
7. Promotional
Criteria
8. Allowances
9. Leading
Hand Allowance - Transitional Arrangements
10. Review of
Allowances Payable in Terms of this Award
11. Hours of
Work - Day Work
12. Hours of
Work - Shift Work
13. Overtime
14. Public
Service Holiday
15. Job
Evaluation
16. Appeals
Mechanism
17. Grievance
and Dispute Settling Procedures
18. Deduction
of Union Membership Fees
19. Anti-Discrimination
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 (NSW Department of Trade and Investment,
Regional Infrastructure and Services) Operational Staff Award.
2. Definitions
(i) "Act"
means - the Public Sector Employment and Management Act 2002.
(ii) "Apprentice"
means - an Apprentice employed in a trade covered by the Crown Employees
(Skilled Trades) Award.
(iii) "Association"
means - the Public Service Association and the Professional Officers’
Association Amalgamated Union of New South Wales.
(iv) "Department"
means NSW Department of Trade and Investment, Regional Infrastructure and
Services, as specified in Schedule 1 of the Public Sector Employment and
Management Act 2002.
(v) "Department
Head" means the Director General of the NSW Department of Trade and
Investment, Regional Infrastructure and Services as specified in Schedule 1 of
the Public Sector Employment and Management Act 2002.
(vi) "Director
General" means the Director General, NSW Department of Premier and Cabinet
as specified in Schedule 1 of the Public Sector Employment and Management
Act 2002.
(vii) "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.
(viii) "Farm
Supervisor" means - a member of staff who is appointed to a position
designated as such.
(ix) "Supervisor-Special
Grade" means - a member of staff employed as a supervisor who, in the
opinion of the Director of Public Employment/Department, has special
responsibilities involving supervision of another supervisor and more than one
major field of activity.
(x) "Gardener-Tradesperson"
means - a member of staff who has satisfactorily completed an apprenticeship in
the industry of horticulture and gardening and holds the Horticulture
Certificate of NSW TAFE or a certificate of equal or higher status
and is engaged as a tradesperson in horticulture, gardening, green keeping,
floral decoration and all phases of allied works, such as rockery building,
paving, landscaping and the like. Provided that a member of staff who had been appointed as a "gardener"
under the Crown Employees (Operational Staff - Department of Agriculture) Award
published 1 May 1998 (304 IG 750) and who through ongoing experience described,
shall for the purpose of the Award be deemed to be a gardener tradesperson.
(xi) "Gardener-experienced"
means - a member of staff, not being a gardener-tradesperson, as defined, who
is appointed to act as gardener in the absence of or unavailability of a
gardener-tradesperson and who, by experience, is capable of performing
gardening work to a satisfactory level.
(xii) "Gardener-labourer"
means - a member of staff 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-tradesperson' and includes the operation of small petrol or
electricity driven hand mowers and the like.
(xiii) "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.
(xiv) "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.
(xv) "Job
Evaluation" means - a methodology agreed to between the parties to grade
Operational Staff positions under this Award.
(xvi) "Leading
Hand" means - a member of staff who is appointed to a position designated
as such and who supervises a particular operation(s).
(xvii) "Operational
Staff" means - all members of staff occupying positions described in this
clause.
(xviii) "Prior
Learning" means - recognising formal skills and experience.
(xix) "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.
(xx) "Maintenance
Supervisor" means - a member of staff who is appointed to a position of
Building Supervisor that requires possession of a trade qualification as a
condition of employment.
(xxi) "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 section 27 of the
Act, who is classified under this Award, and employed in either a casual, part
time or full time capacity.
(xxii) "Normal
Work" normal work as defined in clause 17, Grievance and Dispute Settling
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.
(xxiii) "Position"
means - a position as dealt with in section 9 of the Public Sector Employment
and Management Act 2002.
(xxiv) "Public
Service" means - the Public Service of New South Wales as defined in the Public
Sector Employment and Management Act 2002.
(xxv) "Regulation"
means - the Public Sector Employment and Management Regulation 2009.
(xxvi) "Service"
means - continuous service for salary purposes.
(xxvii) "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.
(xxviii) "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 Act 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 Trades) Award.
(iii) The salary
rates in Part B, Monetary Rates, of this Award, are set in accordance with the
Crown Employees (Public Sector - Salaries 2008) Award and any variation or
replacement award.
4. School Based
Apprentices
(i) Definition
A school based apprentice is an employee who is
undertaking an apprenticeship under a training contract while also enrolled in
the Higher School Certificate.
(ii) Wages
(a) 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.
(b) For the purposes
of paragraph (ii)(a) 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.
(c) The wages paid
for training time may be averaged over the school term or year.
(d) 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.
(iii) Progression
through the Wage Structure
(a) School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
(b) 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.
(iv) Conversion from
a school based apprentice to a full time apprenticeship
Where an apprentice converts from a school based to a
full time apprenticeship, all time spent as a full time 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.
(v) Conditions of
Employment
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.
5. Saving of Rights
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.
6. Minimum
Qualification Requirements and 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 subclause (iii) of clause 9 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-tradesperson 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 Crown Employee (General
Staff - Salaries) Award 2007).
(xiv) The commencing
rate of pay for a member of staff who is appointed to a position of Farm
Supervisor 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
Supervisor 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
Supervisor 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
Supervisor 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.
7. 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 Operational
Staff Workplace Assessment and Progressional Criteria Handbook.
8. 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
|
x
|
1
|
|
52.17857143
|
|
38
|
(iv) Any Operational
Staff Grade 2 or above who retain the Leading Hand Allowance as a result of
operation of the transitional arrangements prescribed by clause 9 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) Operational
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) Operational
Staff 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 member of
staff appointed as a First Aid Officer shall be paid a first aid allowance at
the rate appropriate to the qualifications held by such member of staff 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 member of staff is selected to relieve in the First Aid Officer’s position, such
member of staff shall be paid a pro rata first aid allowance for assuming the
duties of a First Aid Officer.
(viii) A member of
staff 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 the overtime payment.
(ix) A Maintenance
Operator required to hold and act upon a First Class Refrigeration
Certification issued by the Department of Industrial Relations or equivalent
current NSW certification shall be paid the rate as set out in Item 9 of Table
2 - Allowances, of Part B Monetary Rates.
9. Leading Hand
Allowance - Transitional Arrangements
(i) Any Operational
Staff 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 the former Crown Employees (Operational Staff - NSW Agriculture)
Award published 15 November 2002 (337 I.G. 1) 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 member of staff shall retain their existing
allowance until they retire, resign or are promoted. The Leading Hand allowance payable to such member of staff will
continue to be adjusted as prescribed by clause 10, Review of Allowances. Such
members of 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 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.
10. Review of Allowances
Payable in Terms of This Award
(i) Adjustment of
Allowances - Allowances contained in clause 8, Allowances, of this award shall
be reviewed as follows:
(a) The following
allowances shall be reviewed in accordance with variations to the Crown Employees
(Public Sector - Salaries 2008) Award or any replacement award:
Chokage Allowance
Licence and Registration Allowances
Leading Hand Allowance
Broken Shift Allowance
First Aid Allowance
Refrigeration Allowance
(b) Tool Allowances shall
be reviewed in accordance with variations to the Crown Employees (Skilled
Trades) Award, or any replacement award
(c) Overtime Meal
Allowances shall be reviewed in accordance with variations to Meal Allowances
prescribed by the Crown Employees (Public Service Conditions of Employment)
Award 2009 as varied or replaced..
(ii) Dog Allowances
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.
11. 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
rostered work cycle:
(a) Except in the
case of members 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, or a system of nine working days each fortnight between
Monday and Friday, inclusive, consisting of eight days at 8.5 hours, one day at
8 hours, and one day being a rostered day off.
(b) The ordinary
working hours of members 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 subclause falls on a public holiday as
defined in the Crown Employees (Public Service Conditions of Employment) Award
2009 as varied or replaced, the next working day shall be taken in lieu of the
rostered day off unless an alternative day in that work cycle (or the next
work 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 the work cycle shall be
regarded as a day worked for accrual purposes.
(g) A member of
staff who has not worked a complete work 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) Members of staff
shall commence and cease work at their headquarters or other usual or constant
location or as otherwise reasonably directed by the Department.
(i) Members of
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.
12. 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 members of staff 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 subclause falls on a public holiday as
defined in the Crown Employees (Public Service Conditions of Employment) Award
2009 as varied or replaced, 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) Members of
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.
13. Overtime
(i) For the
purposes of this award, the Department Head or a person authorised by the
appropriate Department Head, may require a member of staff to perform duty
beyond the hours determined under clause 11 Hours of Work - Day Work and clause
12 Hours of Work - Shift Work of this award, but only if it is not unreasonable
for the member of staff to be required to do so. A member of staff may refuse to work overtime in circumstances
where the working of such overtime would result in the member of staff working
unreasonable hours. In determining what
is unreasonable, the following factors shall be taken into account:
(a) the member of
staff’s prior commitments outside the workplace, particularly the member of
staff’s family and carer responsibilities, community obligations or study
arrangements;
(b) any risk to
member of staff health and safety;
(c) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(d) the notice (if
any) given by the Department Head regarding the working of the overtime, and by
the member of staff of their intentions to refuse overtime; or
(e) any other
relevant matter.
(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 11 and 12, Hours of Work.
(iii) Except as
provided for in clause 12, 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 12 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 subclause, 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 or a shift worker is required
to replace such shift worker, or
(3) Where a shift is
worked by arrangement between the members of 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 paragraph
(i)(b) of clause 11, Hours of Work - Day Work 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.
14. Public Service
Holiday
(i) The Public
Service Holiday as prescribed by Clause 10 (2) of the Regulation shall be a
Public Service Holiday/Union Picnic Day for Operational Staff covered by this
Award and shall be in lieu of any other Picnic Day.
(ii) All
Operational 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 member of 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.
15. Job Evaluation
(i) Positions
classified as Operational Staff shall be graded in accordance with the
accredited Job Evaluation methodology agreed by the Department, Director
General 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.
(iv) 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 its existing grading level, or;
(b) adhere to
existing statutory and related Public Service policies on filling regraded
positions if initiating action under paragraph (a) of this subclause is
determined to be inconsistent with maintaining Department efficiency, or
otherwise impracticable.
16. Appeals Mechanism
(i) A member of
staff shall have the right to appeal any decision made by the Department in
relation to their performance assessment review.
(ii) Members of
staff shall submit a written submission outlining their case to the Director,
Industrial Relations within 28 days of
the decision being appealed.
(iii) The Director,
Industrial Relations 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 Department Head or nominee for decision.
(v) The decision of
the Department Head or nominee shall be forwarded to the member of staff
concerned within 7 working days of the appeal being heard.
17. Grievance and
Dispute Settling Procedures
(i) 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.
(ii) A member of
staff 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.
(iii) 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 member of staff 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.
(iv) 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.
(v) If the matter
remains unresolved with the immediate manager, the member of staff 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 member of
staff may pursue the sequence of reference to successive levels of management
until the matter is referred to the Department Head.
(vi) The Department
Head may refer the matter to the Director General for consideration.
(vii) If the matter
remains unresolved, the Department Head 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 reason for not taking action,
in relation to the matter.
(viii) A member of
staff, at any stage, may request to be represented by the Association/Union.
(ix) The member of
staff or the Association/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.
(x) The member of
staff, Association/Union, 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.
(xi) Whilst the procedures
outlined in subclauses (i) to (ix) 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 member of staff or
member of the public.
18. Deduction of
Union Membership Fees
(i) The
union/association shall provide the Department with a schedule setting out
fortnightly membership fees payable by members of the union/association in
accordance with the union's/association’s rules.
(ii) The
union/association shall advise the Department of any change to the amount of
fortnightly membership fees made under its rules. Any variation to the schedule
of union/association fortnightly membership fees payable shall be provided to
the Department at least one month in advance of the variation taking effect.
(iii) Subject to
subclauses (i) and (ii) of this clause, the Department shall deduct
union/association fortnightly membership fees from the pay of any member of
staff who is a member of the union/association in accordance with the
union's/association’s rules, provided that the member of staff has authorised
the Department to make such deductions.
(iv) Monies so
deducted from member of staff's pay shall be forwarded regularly to the
union/association together with all necessary information to enable the
union/association to reconcile and credit subscriptions to members of staff
union/association membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the union/association, all
union/association membership fees shall be deducted on a fortnightly basis.
(vi) Where a member
of staff has already authorised the deduction of union/association membership
fees from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the member of staff to make a fresh
authorisation in order for such deductions to continue.
19.
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."
20. Area, Incidence
and Duration
(i) This award shall
apply to Operational Staff described in clause 2, Definitions of this Award, in
the NSW Department of Trade and Investment, Regional Infrastructure and
Services.
(ii) The members of
staff regulated by this award shall be entitled to the conditions of employment
as set out in this award and, except where specifically varied by this award,
existing conditions are provided for under the Public Sector Employment and
Management Act 2002, the Public Sector Employment and Management Regulation
2009, the Crown Employees (Public Service Conditions of Employment) Award 2009
and the Crown Employees (Public Sector - Salaries 2008) Award or any awards
replacing these awards.
(iii) 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 Commissioner of 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 26 December 2008 (366 I.G. 1513) have been incorporated into this award as part of the
review.
(iv) The 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
Effective from the beginning of the first pay period to
commence on or after 1 July 2011
|
(A) Full time (Annual Rate)
|
Common Salary
|
1.07.11
|
|
|
Point
|
Per Annum
|
|
|
|
$
|
|
Junior
|
Under 17
|
-
|
30,168
|
|
|
at 17 years
|
-
|
36,632
|
|
Grade 1
|
Step 1
|
-
|
43,095
|
|
|
Step 2
|
26
|
44,688
|
|
|
Step 3
|
29
|
45,896
|
|
|
Step 4
|
33
|
47,490
|
|
Grade 2
|
Step 1
|
36
|
48,816
|
|
|
Step 2
|
39
|
50,205
|
|
|
Step 3
|
43
|
52,102
|
|
|
Step 4
|
46
|
53,407
|
|
Grade 3
|
Step 1
|
46
|
53,407
|
|
|
Step 2
|
50
|
55,509
|
|
|
Step 3
|
53
|
56,993
|
|
Grade 4
|
Step 1
|
56
|
58,604
|
|
|
Step 2
|
60
|
60,889
|
|
|
Step 3
|
63
|
62,814
|
|
Grade 5
|
Step 1
|
63
|
62,814
|
|
|
Step 2
|
66
|
64,714
|
|
|
Step 3
|
70
|
67,267
|
|
Grade 6
|
Step 1
|
73
|
69,227
|
|
|
Step 2
|
76
|
71,256
|
|
|
Step 3
|
80
|
74,080
|
|
(B) Apprentices Full-time (Weekly Rate)
|
|
Per Week
|
|
|
|
|
|
Year 1
|
-
|
431.42
|
|
Year 2
|
-
|
569.49
|
|
Year 3
|
-
|
725.60
|
|
Year 4
|
-
|
824.41
|
Table 2 - Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
|
$
|
|
1
|
8 (i)
|
Chokage Allowance per day or part thereof
|
8.06
|
|
|
|
|
|
|
2
|
8 (ii)
|
Maintenance Operator - Licence & Registration
|
Per annum
|
|
|
|
Allowances
|
|
|
|
|
Electricians Licence
|
A Grade
|
2,245
|
|
|
|
|
B Grade
|
1,207
|
|
|
|
Registration Allowance
|
1,690
|
|
|
|
(a) Plumber’s Licence
|
2,219
|
|
|
|
(b) Gasfitter’s Licence
|
2,219
|
|
|
|
(c) Drainer’s Licence
|
1,913
|
|
|
|
(d) Plumber’s/Gasfitter’s Licence
|
2,961
|
|
|
|
(e) Gasfitter’s/Drainer’s Licence
|
2,961
|
|
|
|
(f) Plumber’s/Drainer’s Licence
|
2,961
|
|
|
|
(g) Plumber’s/Gasfitter’s/Drainer’s Licence
|
4,086
|
|
3
|
8 (iii)
|
Maintenance Operator & Apprentice Tool
|
Per week
|
|
|
|
Allowances
|
|
|
|
|
Carpenter
|
28.10
|
|
|
|
Electrician
|
18.90
|
|
|
|
Plumber
|
28.10
|
|
|
|
Motor Mechanic
|
28.10
|
|
|
|
Fitter & Turner
|
28.10
|
|
|
|
Welder
|
28.10
|
|
4
|
8 (iv)
|
Leading Hand Allowance Per Annum
|
1,956
|
|
5
|
8 (v)
|
Broken Shift Allowance Per Day
|
12.45
|
|
6
|
8 (vi)
|
Dog Allowance Not Found - 1 Dog* Per Week
|
3.28
|
|
|
|
Dog Allowance Not Found - 2 Dogs* Per week
|
6.53
|
|
|
|
Dog Allowance - 1 Dog
Per week
|
9.42
|
|
|
|
Dog Allowance - 2 Dogs
Per week
|
18.85
|
|
7
|
8 (vii)
|
Occupational First Aid Allowance Per week
|
22.14
|
|
|
|
First Aid Allowance Per week
|
14.86
|
|
8
|
8 (viii)
|
Overtime Meal Allowance
|
|
|
|
|
First Meal
|
26.45
|
|
|
|
Subsequent Meals
|
26.45
|
|
9
|
8 (ix)
|
Refrigeration Allowance Per Annum
|
592.00
|
* Where dog is fed meat supplied by the Department
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.