Crown Employees (Institute Managers in TAFE) Salaries and Conditions Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1619 of 2008)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.        Subject Matter

 

1.        Arrangement

2.        Dictionary

3.        Salary

4.        Hours of Work

5.        Training and Professional Development

6.        Right of Private Practice

7.        Appointment and Transfer

8.        Performance Management

9.        Appeal Rights

10.      Regression

11.      Dispute Resolution Procedures

12.      Discipline Process

13.      Anti-discrimination

14.      Deferred Salary Scheme

15.      Leave

16.      Filling of Positions

17.      Qualification Requirements

18.      Goods and Services Tax

19.      No Further Claims

20.      Locality/Remote Areas Allowance

21.      Industrial Rights

22.      Special Fitness and Hard to Fill

23.      Deduction of Union Membership Fees

24.      Secure Employment Test Case – OHS Obligations

25.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Schedule 1 - Salaries

Schedule 2 - Performance Management for Institute Managers

Schedule 3 - Allowances

 

2.  Dictionary

 

2.1      "Act" means the Technical and Further Education Commission Act 1990.

 

2.2      “Association” means the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales.

 

2.3      "Department" means the NSW Department of Education and Training.

 

2.4      "Employee" means a person employed in a classification covered by this award.

 

2.5      “Employer” means the Crown in the right of the State of New South Wales (the Crown).

 

2.6      “Federation” means the New South Wales Teachers Federation.

 

2.7      "Institute Manager" means all persons permanently or temporarily employed as educational leaders and administrative managers in TAFE within the classification of institute manager as provided for in this Award. Institute managers have supervisory responsibility for administrative and/or educational programs and/or staff.

 

2.8      "Managing Director" means the Managing Director of TAFE.

 

2.9      "Unions" means the New South Wales Teachers Federation and the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales having regard to their respective coverage.

 

2.10    "Semester" means the period commencing the first day where teachers return generally from the Christmas or the mid year vacation period, and ending on the last day of the next following mid year or Christmas vacation periods.

 

2.11    "TAFE" means the TAFE Commission established under the Act.

 

2.12    "Time off in lieu" means that period of approved time (hours or days) taken by an institute manager to make up for a period or periods of work beyond the standard working hours to undertake the performance of their duties.

 

3.  Salary

 

3.1      Salaries for institute managers under this award are as provided for in Schedule 1, Salaries, of Part B.

 

3.2      Salary Packaging

 

For the purposes of this clause "salary" means the salary or rates of pay prescribed for the employee's classification by Schedule 1 of this award and any allowances paid to an employee which form part of the employee’s salary for superannuation purposes.

 

3.2.1   An employee may, by agreement with the employer, enter into a salary packaging arrangement, including salary sacrifice to superannuation, where they may convert up to 100% of their salary to:

 

(a)      a motor vehicle (whether on a business/private split in accordance with subclause 3.3 or a novated lease under the Department’s salary packaging scheme) and;

 

(b)      the full range of benefits under the Department’s salary packaging scheme, provided that no institute manager may package more than one motor vehicle at any given time whether on a business/private split in accordance with subclause 3.3 or a novated lease under the employer’s salary packaging scheme.

 

3.2.2   Any pre-tax and post-tax payroll deductions must be taken into account prior to determining the amount of salary available to be packaged. Such payroll deductions may include but are not limited to, compulsory superannuation payments, HECS payments, child support payments, judgment debtor/garnishee orders, union fees, health fund premiums.

 

3.2.3   The terms and conditions of the salary packaging arrangement, including the duration as agreed between the employee and employer, will be provided in a separate written agreement, in accordance with the Department’s salary packaging guidelines. Such agreement must be made prior to the period of service to which the earnings relate.

 

3.2.4   Salary packaging must be cost neutral for the employer. Employees must reimburse the employer in full for the amount of:

 

3.2.4.1 any fringe benefits tax liability arising from a salary packaging arrangement; and

 

3.2.4.2 any administrative fees.

 

3.2.5   Where the employee makes an election to salary package the following payments made by the employer in relation to an employee shall be calculated by reference to the annual salary which the employee would have been entitled to receive but for the salary packaging arrangement:

 

3.2.5.1           Superannuation Guarantee Contributions;

 

3.2.5.2           any salary-related payment including but not limited to allowances and workers compensation payments; and

 

3.2.5.3           payments made in relation to accrued leave paid on termination of the employee’s employment or on the death of the employee.

 

3.3      The motor vehicle benefit provided for in sub-clause 3.2.1 provides the institute manager with access to the use of a motor vehicle on a business/private basis in accordance with TAFE policy.

 

4.  Hours of Work

 

4.1      The parties agree that a flexible and adaptive approach in relation to working hours and working arrangements will be adopted which recognises the professionalism of institute managers and allows that:

 

4.1.1 standard working hours shall be 35 hours per week. The pattern of attendance shall be agreed between an individual manager and their line manager;

 

4.1.2   institute managers shall not be directed to work more than 35 hours in any one week; 

 

4.1.3   where work has been negotiated with and approved by the line manager to be performed beyond standard working hours, institute managers are entitled to time off in lieu to compensate for additional hours worked. Time off in lieu arrangements are to be negotiated and approved by the line manager in advance and to be taken to meet the operational requirements of the institute and the personal needs of the institute manager;

 

4.1.4   in recognition of the professional nature of the work the parties agree that time off in lieu does not accrue in any one week until three additional hours have been worked, and then it accrues at the rate of one hour for every hour worked. Where a week includes a public holiday, time off in lieu is to be worked out pro-rata;

 

4.1.5   time off in lieu may be taken in single, multiple or part days within one semester of accrual. In extenuating circumstances, an institute manager may, with the approval of their line manager and taking into account the needs of the institute, accrue time off in lieu in excess of a semester;

 

4.1.6   line managers are responsible for recording and/or reporting of time off in lieu taken by institute managers. Institute managers shall have access to these records, which shall be made available on request.

 

5.  Training and Professional Development

 

5.1      The parties confirm a commitment to training and development for institute managers. Institute managers recognise their obligation to maintain and update their professional skills for the benefit of TAFE students and staff.

 

5.2      The employer will continue to participate in initiatives to identify competencies for institute managers in consultation with relevant industry parties.

 

5.3      The employer is committed to providing access to and support for professional and management development training.

 

5.4      Where the employer requires professional development, the employer will meet the compulsory fees involved. Where the professional development opportunity is voluntary the employer may, at its discretion, refund all or part of the compulsory fees incurred by the institute managers approved to undertake approved training and professional development programs.

 

5.5      Ten working days shall be provided per annum, which may be accumulated over two years to a period of 20 days, for institute managers to undertake training and professional development related to their current and medium term development needs as identified by the performance agreement, the objectives of which are set out in Schedule 2 of Part B, Performance Management for Institute Managers. The professional development activity must be approved by the institute director in advance, with the time to be taken in minimum periods of half a day subject to the operating needs of the institute. This does not preclude access to other professional development opportunities provided by the employer.

 

5.6      Institute managers undertaking courses of study who require arrangements different to those in subclause 5.5 may apply to the employer for special consideration. The employer shall consider these requests on a case-by-case basis.

 

5.7      Institute managers employed as at the time of the making of the 2001 Crown Employees (Institute Managers in TAFE) Salaries and Conditions Award (327 IG 872) with an existing balance of professional development time of up to 30 days may utilise this time as provided for in subclause 5.5 of this award. Following the utilisation of this balance, professional development time will accrue on the basis provided for in subclause 5.5 of this award.

 

6.  Right of Private Practice

 

6.1      Institute managers may apply to their institute directors for the right of private practice in accordance with the Department's Private and Secondary Employment policy.

 

6.2      Institute managers may negotiate with their line manager to undertake some teaching as a part-time casual and/or OTEN contract teacher. The line manager shall consider such requests on a case by case basis having regard to the following factors:

 

6.2.1   the institute manager has expressed a wish to return to teaching on a full-time basis in the near future;

 

6.2.2   the institute manager requests such an arrangement in order to maintain and/or develop their educational and/or managerial effectiveness;

 

6.2.3   the institute manager possesses specialist knowledge/experience relevant to the employer's educational needs.

 

7.  Appointment and Transfer

 

7.1      The filling of vacant positions of institute manager will be by way of a competitive selection process based on merit, subject to the provisions of the TAFE NSW Recruitment and Staff Selection policy.

 

7.2      A person who is not an officer and is appointed to an institute manager’s position shall be appointed for a minimum probationary period of one year. Confirmation of their position shall depend on completion of a satisfactory annual review, pursuant to Clause 8, Performance Management.

 

7.3      Nothing in this award shall operate to remove the right of the employer to transfer an institute manager to meet the operating needs of the employer or remove existing rights to entitlements as provided in the Transferred Officers Compensation Managing Director of TAFE Determination No.4 of 2001.

 

7.4      Institute managers who wish to seek transfer will be considered by the employer on a case by case basis.

 

7.5      Where the employer directs an institute manager to transfer, the institute manager shall have access to a Transfer Review Panel.

 

7.6      In assessing an application for transfer, the institute director or delegate will assess the institute manager’s skills and other attributes against the selection criteria for the position and if matched, can directly appoint or if in doubt can proceed to merit selection.

 

7.7      The institute manager has no right of appeal for non-appointment should a transfer application not be approved.

 

8.  Performance Management

 

8.1      The performance of institute managers will be reviewed annually under a performance management scheme, the objectives of which are set out in Schedule 2, Performance Management for Institute Managers, of Part B Monetary Rates.

 

9.  Appeal Rights

 

9.1      For positions with salary equivalent to or below that applicable to the maximum salary for Clerk Grade 12, institute managers shall have access to the Government and Related Employees Appeal Tribunal in terms specified by the Government and Related Employees Appeal Tribunal Act 1980.

 

9.2      For positions above the salary level for maximum Clerk Grade 12, staff have a right of appeal to the Managing Director where such appointment would involve a salary increase for the appellant or the prospective appointee. Such appeals will be managed in accordance with TAFE’s appeals process as agreed by the parties.

 

10.  Regression

 

10.1    Staff wishing to regress to positions below institute manager classifications should express their interest to the relevant institute director who will consider the request, along with others, whenever an appropriate vacancy occurs.

 

11.  Dispute Resolution Procedures

 

11.1    Subject to the provisions of the Industrial Relations Act 1996 the following procedures shall apply:

 

11.1.1 Should any dispute (including a question or difficulty) arise as to matters occurring in a particular workplace, the institute manager and/or the relevant union’s workplace representative shall raise the matter with the appropriate line manager as soon as practicable.

 

11.1.2 The line manager shall discuss the matter with the institute manager and/or the relevant union’s workplace representative within two working days with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

11.1.3 Should the above procedure be unsuccessful in producing resolution of the dispute, question or difficulty or should the matter be of a nature which involves multiple workplaces, then the institute manager and or the relevant union may raise the matter with an appropriate officer of TAFE at the Institute level with a view to resolving the dispute, or by negotiating an agreed method and time frame for proceeding.

 

11.1.4 Where the procedures in sub clause 11.2.3 of this clause do not lead to resolution of the dispute, the matter shall be referred to the Deputy Director-General, Workforce Management and Systems Improvement of the Department and the General Secretary of the Federation and the General Secretary of the Association. They or their nominees shall discuss the dispute, question or difficulty with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

11.2    Should the above procedures not lead to a resolution, then either the Department or the Federation or the Association may apply to the Industrial Relations Commission of New South Wales.

 

12.  Discipline Process

 

12.1    The parties recognise that the following two discipline processes have application in TAFE and will be applied to institute managers;

 

12.2    The procedure applicable to members of staff of the employer whose conditions of employment are determined by the Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award 2006, or any successor instruments to the said award; or

 

12.3    The procedure that applies to all other members of staff which is specified in Part 2.7 of the Public Sector Employment and Management Act 2002.

 

13.  Anti-Discrimination

 

13.1    It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

13.2    It follows that in fulfilling their obligations under the dispute resolution procedure prescribed in clause 11 of 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.

 

13.3    Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

13.4    Nothing in this clause is to be taken to affect:

 

any conduct or act which is specifically exempted from anti-discrimination legislation;

 

offering or providing junior rates of pay to persons under 21 years of age;

 

any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.

 

a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

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

 

14.  Deferred Salary Scheme

 

14.1    Institute managers may seek to join the Department’s deferred salary scheme.

 

14.2    Successful applicants may defer twenty per cent of their salary for the first four years and be paid the deferred salary in the fifth year.

 

14.3    The deferred salary scheme does not apply to temporary institute managers.

 

15.  Leave

 

15.1    Annual Recreation leave - Annual recreation leave shall be in accordance with the Annual Holidays Act 1944 and TAFE policy.

 

15.2    Extended leave - Extended leave shall be in accordance with the Act.

 

15.3    Sick leave -

 

15.3.1            Sick leave at the rate of fifteen working days paid sick leave per calendar year i.e. 1 January to 31 December. The full annual entitlement is available from 1 January each year (not accrued on a monthly basis). The unused component of the annual entitlement is fully cumulative.

 

15.3.2            Where an institute manager requires sick leave additional to the annual or cumulative entitlement provided in sub clause 15.3.1 above in cases of long-term illness, they may apply to the employer for special sick leave. Such requests will be considered by the employer on a case-by-case basis.

 

15.4    Family and Community Service Leave

 

15.4.1 General - The institute director or nominee may grant family and community service leave for the following purposes:

 

(a)      for reasons related to the family responsibilities of the institute manager; or

 

(b)      for reasons related to the performance of community service by the institute manager; or

 

(c)      for reasons of pressing necessity.

 

Family and community service leave replaces short leave.

 

15.4.2 Quantum - The amount of family and community service leave available to an institute manager shall be either:

 

(a)      2.5 days during the first year of service and five days in any period of two years after the first year; or

 

(b)      after two years of continuous service, one day of family and community service leave for each completed year of service less the total amount of short leave or family and community service leave previously granted to an institute manager;

 

whichever is the greater period.

 

Where such leave is exhausted, sick leave in accordance with subclause 15.5.1 may be used.

 

Family and community service leave is not to be taken for attendance at court to answer a criminal charge, unless the institute director or nominee approves such leave in the particular case.

 

15.5    Personal Carer’s Leave -

 

15.5.1            Use of Sick Leave - An institute manager may use the available sick leave from the current year plus any accumulated sick leave from the previous three years to provide care and support for family members when they are ill. Such illness shall be supported, if required, by a medical certificate or statutory declaration that the illness is such as to require the care by another person for a specified period. The choice of medical certificate or statutory declaration is the institute manager’s. Neither the medical certificate nor statutory declaration is required to reveal the exact nature of the illness. Wherever practicable, prior notice of the intention to take leave should be given.

 

The entitlement to use sick leave in accordance with this subclause is subject to:

 

(a)      the institute manager being responsible for the care of the person concerned; and

 

(b)      the person concerned being:

 

(1)      a spouse of the institute manager; or

 

(2)      a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(3)      a child or an adult (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the institute manager or spouse or de facto spouse of the institute manager; or

 

(4)      a same sex partner who lives with the institute manager as the de facto partner of that institute manager on a bona fide domestic basis; or

 

(5)      a relative of the institute manager who is a member of the same household where, for the purposes of this section:

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

An institute manager shall, wherever practicable, give the institute director or nominee notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person’s relationship to the institute manager, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the institute manager to give prior notice of absence, the institute manager shall notify the institute director or nominee of such absence at the first opportunity on the day of absence.

 

15.5.2            Use of Other Leave - To care for an ill family member, an institute manager may also use recreation, extended leave or leave without pay with the consent of the institute director.

 

15.5.3            Use of Time in Lieu - To care for an ill family member, an institute manager may also, with the institute director’s consent, take accrued time in lieu as provided for in subclauses 4.1.4 and 4.1.5 of this award.

 

15.6    Bereavement Leave -

 

15.6.1            An institute manager shall be entitled to up to two days bereavement leave on each occasion of the death of a person prescribed in subclause 15.5.1 above, provided that for the purpose of bereavement leave, the institute manager need not have been responsible for the care of the person concerned.

 

15.6.2            The institute manager must notify the institute director or nominee as soon as practicable for the intention to take bereavement leave and shall, if required by the institute director or nominee, provide to the satisfaction of the institute director or nominee proof of death.

 

15.6.3            An institute manager shall not be entitled to bereavement leave under this clause during any period in respect of which the institute manager has been granted other leave.

 

15.6.4            Bereavement leave may be taken in conjunction with other leave available under this clause. In determining such a request the institute director or nominee shall give consideration to the circumstances of the institute manager and the reasonable operational requirements of the employer.

 

16.  Filling of Positions

 

16.1    Positions which have been affected by a workplace change will be filled in accordance with the Department's Displaced and Excess Staff Management Procedures.

 

16.2    Positions not filled through the provisions of subclause 16.1 of this award shall be filled as follows:

 

16.2.1            Displaced/Excess Staff - The regional human resources manager will determine if there are any suitable vacancies using the corporate employees service centre weekly vacancy spreadsheet. The manager will then proceed in accordance with the procedures at subclause 16.1.

 

16.2.2            Regression - Where the position has not been filled by the preceding steps, institute managers who are seeking regression will be eligible for priority consideration for appointment to vacant positions. Further details are contained in TAFE’s transfer and regression policy.

 

16.2.3            Staff Selection (Recruitment) Action - Where no appointment has been made through the process identified in subclauses 16.2.1 and 16.2.2, the position will be advertised within TAFE.

 

16.2.4            Staff Selection (Recruitment) Action - Where no appointment has been made through the processes identified in subclauses 16.2.1, 16.2.2 and 16.2.3, the position will be advertised externally.

 

16.3    Nothing in subclause 16.2 shall limit the appeal rights of institute managers, which are set out in clause 9, Appeal Rights.

 

17.  Qualification Requirements

 

17.1    Qualifications for positions shall accurately reflect the requirements of the position and conform to equal employment opportunity principles. Any artificial barriers to promotion should be removed.

 

17.2    The qualification requirements of positions shall be reviewed by the employer from time to time in consultation with the unions.

 

18.  Goods and Services Tax

 

18.1    The parties shall monitor the overall impact of the Commonwealth Government’s goods and services tax through the term of the award. In the event that the Industrial Relations Commission makes a State decision (as defined by section 49 of the Industrial Relations Act 1996) having regard to the impact on wages of the goods and services tax, the unions reserve the right to make application to the Industrial Relations Commission in relation to that decision.

 

19.  No Further Claims

 

19.1    Except as provided by the Industrial Relations Act 1996, prior to 31 December 2008, there shall be no further claims by the parties to this Award for changes to salaries, rates of pay, allowances, or conditions of employment in relation to matters expressly contained in this award.

 

20.  Locality/Remote Areas Allowance

 

20.1    Institute managers currently receiving the allowances contained in Schedule 3, Allowances of Part B - Locality Allowances - Tables 1, 2 and 3, shall continue to receive these allowances for as long as they continue in their current position at their existing location. Institute managers appointed on or after 29 May 2001 shall be paid the remote areas allowances as contained in Table 4 of Schedule 3 of Part B, Allowances as adjusted in line with adjustments to the public service remote areas allowance as contained in clause 41 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 or any variations to or successor instruments to the said award.

 

20.2    Institute managers currently receiving the remote areas allowance as contained in Table 4 of Schedule 3, Part B, Allowances shall continue to receive this allowance while remaining in their current position at their existing location.

 

21.  Industrial Rights

 

21.1    Union Representatives -

 

21.1.1            An accredited union representative at the place in which he/she is employed shall, upon notification thereof to his/her employer, be recognised as an accredited union representative.

 

21.1.2            An accredited union representative shall be allowed the necessary time during working hours to interview the employer or his/her representative on matters affecting employees.

 

21.1.3            An accredited union representative shall be allowed a reasonable period of time during working hours to interview a duly accredited union official.

 

21.2    Consultative and Other Committee Work -

 

21.2.1            Where an institute manager is required by the employer, nominated by the union or otherwise selected by staff to participate in work-based consultative or like committees, the employer shall provide such staff with paid leave to attend to such matters.

 

21.2.2            In addition, where such committees unanimously agree to undertake a particular project consistent with its terms of reference, the employer shall provide sufficient paid time to enable the institute manager to undertake the project.

 

22.  Special Fitness and Hard to Fill

 

22.1    A position will be regarded as "hard to fill" when it has been advertised once throughout TAFE and twice throughout New South Wales in the major press and no appointment has been made.

 

22.2    When a position has been identified as "hard to fill" in accordance with subclause 22.1 of this clause, the employer will review the position in order to ensure that the current position description and accountabilities appropriately reflect the nature of the position. Where appropriate, job redesign will follow and the new position will be advertised in the normal manner.

 

22.3    Where job redesign has not been deemed to be appropriate, the employer or nominee may offer an allowance of up to ten per cent of the maximum salary of the position when it is next advertised.

 

22.4    The allowance will be paid to the selected applicant for as long as he/she remains in the advertised position.

 

23.  Deduction of Union Membership Fees

 

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

 

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

 

23.3    Subject to 23.1 and 23.2 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.

 

23.4    Monies so deducted from employees' 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.

 

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

 

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

 

24.  Secure Employment Test Cases - OHS Obligations

 

(i)       For the purposes of this clause, the following definitions shall apply:

 

1.        A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

2.        A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

(ii)       If the employer engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises, the employer shall do the following (either directly, or through the agency of the labour hire or contract business):

 

1.        consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

2.        provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

3.        provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

4.        ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(iii)      Nothing in this clause is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(iv)      Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

(v)      This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

25.  Area, Incidence and Duration

 

25.1    This award applies to all persons employed in the classification of institute manager. The award shall take effect on and from 1 January 2006 and shall remain in force until 31 December 2008.

 

25.2    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Institute Managers in TAFE) Salaries and Conditions Award 2006 published 28 July 2006 (360 I.G. 384), as varied.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 6 November 2008.

 

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

 

PART B

 

MONETARY RATES

 

Schedule 1 - Salaries

 

 

Schedule 2 - Performance Management for Institute Managers

 

1.  Introduction

 

The scheme establishes a framework for individuals to plan their work performance and the provision of objective feedback. It also facilitates training and career development.

 

2.  Objectives of Performance Management

 

The objectives of performance management are to support the professional development of institute managers and to enhance the performance of the employer. All institute managers shall participate in the scheme. The performance management scheme will provide an effective means for institute managers to understand, reflect upon and improve their performance through developmental processes and to understand the role, accountabilities and standards that are expected of them.

 

The performance management process is a collaborative process between the line manager and the institute manager. The line manager will exercise leadership by working together with the institute manager to implement the performance management scheme and to provide continuing support and feedback to the officer. The institute manager in consultation with the line manager will identify appropriate targets and monitor their progress, requesting assistance as needed.

 

The major outcomes of the performance management process will be the identification of developmental needs of the institute manager, the development strategies to support these needs, feedback on performance and achievements. The process will also enhance the productivity, effectiveness and efficiency of the employer to meet changing industry and community needs.

 

The objectives are to:

 

establish clear individual performance goals linked to, and consistent with, the employer’s goals and priorities and institute’s plans and objectives;

 

identify each institute manager’s current and medium term development needs (in relation to the organisation and self), and career goals and develop strategies to support these needs;

 

assist with the achievement of the employer’s long term objectives and annual priorities;

 

provide for each institute manager, a valid basis for performance assessment against job-related criteria; and

 

provide job-related guidance and performance feedback in a continuing way.

 

The scheme will reflect and support the employer’s overall objectives as set out in:

 

the Department’s and TAFE’s Strategic Plans;

 

annual priorities; and

 

institutes' management plans.

 

The scheme is an ongoing process and consists of three major components:

 

developing the performance agreement;

 

review process; and

 

feedback.

 

Appropriate training will support implementation of the scheme.

 

Schedule 3 - Allowances

 

1.  Definitions - for the Purpose of this Schedule:

 

1.1      "Dependent child" means, unless otherwise defined in the award, a child of which an institute manager is a parent and who is resident with and wholly maintained by such institute manager and either is under the age of sixteen years or is a full time student under the age of eighteen years or is completing their school studies up to and including Year 12.

 

1.2      "Dependent partner" means a person who is resident with and substantially reliant upon an institute manager for their financial support, being either the institute manager's spouse or a person whom the relevant institute director or nominee is satisfied is cohabiting otherwise than in marriage with the institute manager in a permanent de facto and bona fide domestic relationship.

 

1.3      "Married couple" means and shall include an institute manager and their spouse or a person whom the relevant institute director or nominee is satisfied is cohabiting otherwise than in marriage in a permanent de facto and bona fide domestic relationship.

 

Table 1 - Locality Allowances - Climatic

 

 

 

Table 2 -Locality Allowances - Isolation from Socio-economic Goods and Services

 

 

Table 3 - Locality Allowances - Motor Vehicles Depreciation

 

 

Remote Areas Allowance - Public Service Allowances

 

Effective 1.7.08

 

Table 4 - Remote Areas Allowance

 

 

 

 

 

J. McLEAY, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.