Crown
Employees (Department of Services, Technology and Administration) Wages Staff
Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Nos. IRC 984, 997 and 1528
of 2008)
Before Commissioner
Bishop
|
21 October 2009
|
PART A
REVIEWED AWARD
1. Arrangement
of Award
Clause No. Subject Matter
PART A
1. Arrangement
of Award
2. Definitions
3. Parties
4. Incidence
and Period of Operation
5. Workplace
Reform
6. Categories
of Employment
7. Rates of
Pay
8. Pay
Arrangements
9. Hours of
Work
10. Career
Development and Training
11. Rostered
Days Off
12. Performance
Management
13. Relocation
Package
14. Leave
15. Dispute
Resolution
16. Anti-Discrimination
17. Consultative
Arrangements
18. Deduction
of Union Subscriptions
19. Private Use
of Business Vehicles
20. Workplace
Representatives
21. Relationship
to Awards, Agreements etc
22. Award
Safety Net
23. Leave
Reserved
24. Assistance
with Public Transport
Appendix One - Definition, Scope of Work, Level of Skill
and Quality, Safety and General Responsibilities of Staff Members
Appendix Two - Survey and Spatial Information
Appendix Three - Apprentices
Appendix Four - Competency Based Promotion
PART B - RATES,
AND ALLOWANCES
RATES
Table 1 - Wages Classification and Salary Schedules
Table 2 - Survey and Spatial Classification and Salary
Schedule
Table 3 - Apprentices Classification and Salary Schedule
ALLOWANCES
Conditions of Employment
- Allowances
2. Definitions
(1) "Department"
and "employer" means the NSW Department of Services, Technology &
Administration.
(2) "Director-General"
means the chief executive officer of the NSW Department of Services, Technology
& Administration
(3) "Wages
staff", "staff", "staff member" and
"employee" means a person engaged under the terms and conditions of
this award by the NSW Department of Services, Technology & Administration.
(4) "Award"
means any award made pursuant to the provisions of the Industrial
Arbitration Act 1940 or Industrial Relations Act 1996.
(5) "Industrial
Agreement" means any Industrial Agreement made pursuant to the provisions
of the Industrial Relations Act 1996, filed with the Industrial
Registrar.
(6) "Public Sector
Agreement" means any Agreement made pursuant to the provisions of the Public
Sector Employment and Management Act 2002.
(7) "Determination"
means any determination made pursuant to the provisions of the Public Sector
Employment and Management Act 2002.
(8) "Enterprise
Agreement" means an Agreement made pursuant to Section 115 of the Industrial
Relations Act 1996.
(9) "Industrial
Authority" means the Public Employment Office, as constituted under the Public
Sector Employment and Management Act 2002.
(10) "Union"
means the:
The Construction, Forestry, Mining and Energy Union
(Construction and General Division) NSW Divisional Branch;
Communications, Electrical, Electronic, Energy, Information,
Postal, Plumbing and Allied Services Union of Australia, Plumbing Division, NSW
Branch.
Electrical Trades Union of Australia, New South Wales
Branch;
The Australian Workers' Union, Greater New South Wales
Branch;
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union
Transport Worker’s Union of Australia, New South Wales
Branch;
having regard to their respective coverage.
(11) "Supervisor"
means an employee appointed as such or having been determined by management as
having supervisory responsibilities for staff covered by this award.
3. Parties
This Award has been made pursuant to Section 10 of the Industrial
Relations Act 1996 by the following parties:
The Department of Services, Technology &
Administration
The Department of Premier and Cabinet
Construction, Forestry, Mining and Energy Union
(Construction and General Division) NSW Divisional Branch
Communications, Electrical, Electronic, Energy, Information,
Postal, Plumbing and Allied Services Union of Australia, Plumbing Division, NSW
Branch.
Electrical Trades Union of Australia, New South Wales
Branch
The Australian Worker’s Union, Greater New South Wales
Branch
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union
Transport Worker’s Union of Australia, New South Wales
Branch.
4. Incidence and
Period of Operation
This Award will apply to all existing and future wages
employees in the Department, engaged under this award. Such employees are deployed throughout the
State of New South Wales as required by the Department to meet client service
obligations.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Department of Commerce) Wages Staff Award 2005 published 13 January
2006 (356 I.G. 275), 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 1 July 2008.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
The contents of this Award may be varied in accordance with
Section 17 of the Industrial Relations Act 1996.
5. Workplace Reform
The parties to this Award agree that the process of
continual improvement and workplace reform will continue in order to achieve
the business objectives of the Department.
Workplace Reform includes:
consultation with the parties on implementation.
ensuring equal employment opportunity and recognition
of merit.
an emphasis on developing conceptual and strategic
skills, focusing on value-adding activities.
the redesign of jobs and multi skilling initiatives
following the implementation of the Department’s wage structure.
the elimination of artificial barriers in career paths
and provision of relevant supervisory and managerial training.
benchmarking against comparative private sector
organisations.
making changes to working arrangements through
consultation and cooperation.
workplace communication to ensure there is a clear and
common understanding of Department’s objectives.
innovation and risk taking, within a clearly defined
framework of accountability and ethical behaviour.
6. Categories of
Employment
The usual basis for the engagement of an employee covered by
this Award is as an ongoing employee, unless the employee is engaged:
"for a specified term; or;
"for the duration of a specified task; or
"for duties that are irregular or intermittent
("casual").
A person may be engaged as an employee on a full-time
or part-time basis.
At the time of engagement the employer will inform each
employee in writing of the conditions of engagement, including
"the type of employment;
"whether a probationary period applies and, if so,
the expected duration of the period;
"if the person is engaged for a specified term,
the relevant reason or purpose and the specified term;
"if the person is engaged for the duration of a
specified task, the task in relation to which the person has been engaged and
the estimated duration of the task; and
"a list of the main instruments governing the
terms and conditions of their employment.
Employees in any classification may be employed as
regular part-time employees for an agreed number of regular hours per week,
which is less than the ordinary hours of duty specified in this Award. Regular
part-time employees will receive, on a pro rata basis, equivalent pay and
conditions to those of a full-time employee. In relation to expense related
allowances, the employee will receive entitlements specified in the relevant
clauses of this Award.
Proposals for part-time employment may be initiated by
the employer for operational reasons or by an employee for personal reasons. No
pressure will be exerted on full-time employees to convert to part-time
employment or to move to other duties to make way for part-time employment.
Where a proposal is initiated by an employee, the
employer will have regard to the personal reasons put by the employee in
support of the proposal and to operational requirements.
The written agreement of a full-time employee will be
obtained before the employee's hours are varied.
7. Rates of Pay
The classifications and salary rates are set out in Table 1
of Part B, Monetary Rates of this Award.
From the first pay period commencing on or after the date of
granting of variation of this Award the rates of pay set out under the heading
shall be payable.
The parties agree that there shall be no additional claims
for variation in the rates of pay during the period of operation of this award,
namely until 30 June 2011.
8. Pay Arrangements
(1) Fortnightly
Payment
Employees shall be paid fortnightly.
The Department shall not keep more than five days pay
in hand.
(2) Leave Loading
Recreation leave loading has been incorporated in wages
through a 1.35% wage adjustment paid under the terms of the NSW Public Works
Wages Staff Enterprise Agreement (1994 - 1995).
9. Hours of Work
Weekly hours: The ordinary hours of duty for all full-time
employees will be 38 per week, or an average thereof.
Part-time employees: Part-time employees in any
classification can be employed for less than the ordinary hours of duty
specified in this award for an agreed number of regular hours per week with conditions
and entitlements as provided in the relevant clauses of this award.
Span of hours: Ordinary hours of duty will be worked within
the limits of Monday to Friday. The commencing and finishing times of ordinary
duty will be determined by the employer.
Local variations: Commencing and finishing times may be
varied within the limits of 6.00am and 6.00pm Monday to Friday, subject to a
10-hour span for individual employees and a 12-hour span for individual
workplaces, by agreement between the supervisor and a majority of the employees
affected.
Worked continuously: The ordinary hours of duty will be
worked continuously, except for meal breaks. Meal breaks should not be regarded
as breaking continuity.
Five hour break: an employee should not work for more than 5
hours without a break for a meal.
Hours of duty for part-timers: Before part-time duty
commences, notice in writing will specify:
the prescribed weekly hours of duty;
the pattern of hours to be worked including starting and
finishing times for other than shift workers, on each or any day of the week,
Monday to Friday, within the limits of the span of hours specified for an
equivalent full-time employee.
the pattern of hours specified will be no less than 3
hours per day of attendance or an alternative agreed period and will be
continuous on any one day.
the prescribed weekly hours and the pattern of hours
specified under will not be varied, amended or revoked without the consent of
the employee. Any agreed variation to the regular pattern of hours will be
recorded in writing.
Where a full-time employee is permitted to work part-time
for an agreed period for personal reasons, the notice in writing will provide
for the hours to be varied to full-time hours on a specified date. The employee
will revert to fulltime hours unless a further period of part-time employment
is approved.
10. Career
Development and Training
The Department will provide a career development and
training program designed to contribute to the attainment of corporate
objectives by:
assisting employees to formulate career development
plans which reflect individuals' goals and the needs of the Department.
assisting employees to achieve personal excellence in
work performance in a satisfying, non-discriminatory, safe and healthy work
environment;
ensuring that, on an equitable and appropriate basis,
employees are provided with opportunities to develop required skills
The Department is committed to using and developing the
skills of employees through the provision of on-the-job and formal training,
job rotation and formal education to meet identified skills needs. The Department will consult with the parties
in formulating its program.
Approved training will be conducted without loss of pay.
11. Rostered Days Off
Rostered Day Off (RDO) provisions, as provided by Clause
2. Hours - Day Workers of the Crown
Employees (Skilled Trades) Award shall apply to all employees along with the
following provisions of this clause.
The parties agree that employees will be eligible to take
their monthly rostered days off three weeks before or after the industry
RDO. There will be appropriate
arrangement and prior agreement between employees and the Department in
determining rostered days off.
This will result in Department’s projects having adequate
numbers of employees on site to enable work to continue when the remaining days
are taken. No more than three RDO's may
be accrued in a twelve-month period.
There will be appropriate records kept of the date a
employee has their RDO and of RDO's banked and subsequently used. These records will be available for perusal
by the employee, on request.
12. Performance
Management
The parties to this Award are committed to the introduction
of performance management for employees.
As part of this process a performance management program shall be
introduced for all employees immediately after the making of this Award.
13. Relocation
Package
Negotiated benefits for employees required by the Department
to relocate will be agreed with individual employee prior to relocation. The benefits will be equal to, or better
than, the current provisions of the Crown Employees (Transferred Officers’
Compensation) Award.
The package of variable individually negotiated benefits
will be established to compensate for the expenses and associated dislocation
experienced by employees as a result of relocating from one residential
location to another residential location as a necessary consequence of
promotion, transfer (for other than disciplinary reasons) or staff exchange to
a new work location.
The scope of the package must be defined in broad terms at
the time of acceptance of the new position.
14. Leave
(a) All Awards,
Agreements and Determinations relating to Leave continue to apply to employees
with the exception of the subclauses set out below.
(1) Annual Leave
Loading
Annual leave loading was, and is, incorporated in wage
rates through a once only 1.35% wage increase paid under the terms of the NSW
Public Works Wages Staff Enterprise Agreement (1994 - 1995).
(2) Family And
Community Service Leave
The Department Head shall grant to a staff member some,
or all of their accrued family and community service leave on full pay, for
reasons relating to family responsibilities, performance of community service
or emergencies. Where possible, non-emergency appointments or duties should be
scheduled or performed outside of normal working hours.
(b) Such cases may
include but not be limited to the following:-
(1) Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
(2) Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
(3) Emergency or
weather conditions; such as when flood, fire, snow or disruption to utility
services etc, threatens a staff member’s property and/or prevents a staff
member from reporting for duty;
(4) Attending to
family responsibilities such as - citizenship ceremonies, parent/teacher
interviews or attending child's school for other reasons;
(5) Attendance at
court by a staff member to answer a charge for a criminal offence, only if the
Department Head considers the granting of family and community service leave to
be appropriate in a particular case;
(6) Attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State; and
(7) Absence during
normal working hours to attend meetings, conferences or to perform other
duties, for staff members holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the staff member does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council.
(c) The definition
of "family" or "relative" in this clause is the same as that
provided in subclause 82 (c) (2) of this award.
(d) The maximum
amount of family and community service leave on full pay which may, subject to
this award, be granted to a staff member shall be in accordance with paragraph
(1) or in accordance with paragraph (2)
whichever is the greater:.
(1) 2½ of the staff
member’s working days in the first year of service and; on completion of the
first year’s service, 5 of the staff member’s working days in any period of 2
years.; or
(2) After the
completion of 2 years continuous service, the available family and community
service leave is determined by allowing 1 days leave for each completed year of
service less the total amount of short leave or family and community service
leave previously granted to the staff member.
(e) If available
family and community service leave is exhausted as a result of natural
disasters, the Department Head shall consider applications for additional
family and community service leave, if some other emergency arises.
(f) If available family
and community service leave is exhausted, on the death of a family member or
relative, additional paid family and community service leave of up to 2 days
may be granted on a discrete, per occasion basis to a staff member.
(g) In cases of illness
of a family member for whose care and support the staff member is responsible,
paid sick leave in accordance with subclause (4) of clause 15. Sick Leave to
Care for a Sick Family Member shall be granted when paid family and community
service leave has been exhausted.
(h) A Department
Head may also grant staff members other forms of leave such as accrued
recreation leave, time off in lieu, flex leave and so on for family and
community service leave purposes.
(3) Training
The Department agrees to provide the appropriate level
of paid Trade Union education leave to wages employee representatives up to a
maximum of twelve days in any two year period, subject to the approval of such
leave being consistent with operational requirements.
(4) Sick Leave
All sick leave absences in excess of one day’s
duration, and any sick leave absences that are adjoining to weekends, gazetted
public holidays and Rostered Days Off (RDO) must be supported by a medical
certificate or equivalent legal document, or such absence will be treated as
leave without pay.
For all other aspects of sick leave the Sick Leave
provisions of the Uniform (Ministerial) Leave Conditions apply except that an
employee upon completion of three months service shall be entitled to payment
for sick leave taken in the first three months up to a maximum of five working
days.
(5) Paid Parental
Leave
Up to 1 week on full pay or 2 weeks on half pay
parental leave is available to employees who:
otherwise meet the requirements for taking parental
leave as set out in clause 72 of the Crown Employees (Public Service Conditions
of Employment) Award 2006; and
apply for parental leave within the time and the manner
determined by the Department Head; and
prior to the expected date of birth or taking custody
have completed not less than 40 weeks service.
The period of paid leave does not extend the current
entitlement of up to 12 months leave, but is part of it.
Parental leave is available to male or female staff.
PAID MATERNITY OR ADOPTION LEAVE
The entitlement and conditions attached to paid maternity or
adoption leave remain unchanged, except that the quantum of leave will be 14
weeks instead of 9 weeks. Leave may be taken at full pay, half pay or as a lump
sum.
EXTENDED LEAVE AFTER 7 YEARS SERVICE
Employees with 7 years or more service will be entitled to
take (or be paid out on resignation) extended leave in the usual manner. The quantum of leave available is that which
would have applied if pro rata leave were granted. For example an employee with
7 years service has a long service leave entitlement of 30.8 working days. Calculations for other periods of service
are set out at Chapter 6-7 of the Personnel Handbook.
There is no requirement for an employee with 7 or more years
of service to have been terminated or to have left employment because of
illness, incapacity or domestic or other pressing necessity to claim an
entitlement. No repayment will be required if an employee does not reach 10
years service.
DOUBLE PAY EXTENDED LEAVE
An employee with an entitlement to extended leave may elect
to take leave at double pay. The additional payment will be made as a
non-superable taxable allowance payable for the period of the absence from
work. The employee's leave balance will be debited for the actual period of the
absence from work and an equivalent number of days as are necessary to pay the
allowance.
For example, an employee with an extended leave balance of
50 working days wishing to take
extended leave at double pay take 25 working days leave from work,
reducing their leave balance to 25 days. A further 25 working days will be
debited from the employee balance to cover payment of the non-superable taxable
allowance.
Other leave entitlements, eg, recreation leave, sick leave
and extended leave will accrue at the
single time rate where an employee takes long service leave at double time.
Superannuation contributions will only be made on the basis
of the actual absence from work, i.e., at the single time rate.
Where an employee elects to take extended leave at double pay, in most cases a minimum
period of absence of 1 week should be taken, i.e., 1 week leave utilising 2
weeks of accrued leave.
PUBLIC HOLIDAYS WHILST ON EXTENDED LEAVE
From 1 January 2005, public holidays that fall whilst an
employee is on a period of extended
leave will be paid and not debited from an employees leave entitlement.
In respect of public holidays that fall during a period of
double pay extended leave an employee
will be not be debited in respect of the leave on a public holiday.
The employees leave balance will however be reduced by an
additional day to fund the non-superable taxable allowance.
15. Dispute
Resolution
Subject to the provisions of the Industrial Relations Act
1996, all grievances and disputes relating to the provisions of this award or
any other industrial matter 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.
An employee is required to notify, preferably in writing,
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.
The immediate supervisor or manager shall convene a meeting
in order to resolve the grievance, dispute or difficulty within two working
days, or as soon as practicable, of the matter being brought to attention.
If the matter remains unresolved with the immediate
supervisor or manager, the employee may request to meet the appropriate person
at the next level of management in order to resolve the matter. This supervisor or manager shall respond
within two working days, or as soon as practicable. The wages employee may pursue this sequence of reference to
successive levels of management until the matter is referred to the appropriate
Group General Manager or their nominated representative.
If the matter remains unresolved, the Group General Manager
or their nominated representative shall provide a written response to the
employee 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.
An employee may, at any stage of these procedures, request
to be represented by their union and the Department will agree to such request.
Should the matter not be resolved within a reasonable time,
any of the parties may refer it to the New South Wales Industrial Relations
Commission for settlement. The
employee, union and Department shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
Whilst the procedures outlined in 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 a 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 Departmental employee or member of the
public.
16.
Anti-Discrimination
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.
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.
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.
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.
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.
Employers and employees may also be subject to Commonwealth
anti-discrimination legislation.
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."
17. Consultative
Arrangements
The parties to this Award will establish a Consultative
Working Party. This Working Party shall
generally act to oversee and assist implementation of the Award and all other
industrial matters affecting groups of employees, but not concerns which are
individual in nature.
The Consultative Working Party shall meet within one month
of the registration of this Award and thereafter on a frequency of every two
months, according to its constitution, or as otherwise agreed between the
parties.
The Consultative Working Party may form Working Groups to
examine specific issues for report back to the Working Party.
The Consultative Working Party shall consist of a total of
six Union workplace representatives, reflecting the structure of the workplace.
Where possible, each of the main Unions party to this Award
will have at least one workplace representative. The main Unions are:
Construction, Forestry, Mining and Energy Union
(Construction and General Division), NSW Divisional Branch
Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing
Division, NSW Branch.
Electrical Trades Union of Australia, New South Wales
Branch
Australian Workers’ Union, Greater New South Wales
Branch
MASS MEETINGS
Mass meetings on paid time, at the most appropriate Regional
or Metropolitan centre, may be held as agreed between the parties. The Department will not unreasonably
withhold agreement to such meetings, with at least one meeting per year to be
held.
18. Workplace
Representatives
Employees elected as delegates in the Group or Business Unit
in which they are employed shall, upon notification to the Department, be
recognised as accredited representatives of the union(s) and they shall be
allowed the necessary time during working hours to interview management
representatives and the employees whom they represent, on matters affecting the
employees whom they represent.
19. Deduction of
Union Subscriptions
Subject to an employee making written authorisation, the
Department shall deduct from the employee's remuneration, subscriptions payable
to a nominated industrial organisation of employees and shall pay the deducted
subscriptions to such organisation.
20. Private Use of
Business Vehicles
Employees, in accordance with the Department’s Motor Vehicle
Policy and subject to availability of motor vehicles and management approval,
may use Departmental vehicles for private purposes.
21. Relationship to
Awards, Agreements Etc.
This Award shall be read and interpreted in conjunction with
the Awards and Agreements ("the Instruments") covering the Department
of Services, Technology & Administration and its employees, provided that
where there is any inconsistency between this Award and the Instruments, this
Award shall prevail to the extent of the inconsistency.
In particular, allowances and special rates specified as
follows shall continue to operate unless varied by this Award:
Crown Employees (Skilled Trades) Award.
Clause 4 - Allowances
General Construction and Maintenance, Civil and
Mechanical Engineering, &. (State) Award.
Clause 5 - Allowances
Gangers (State) Award.
Clause 20 - Wet Places and Slurry
Clause 21 - Working in the Rain
Clause 28 - Height Money
Surveyors Field Hands (State) Remuneration Award.
Plant, &c. Operators on Construction (Department,
Water Resources Commission, Commissioner For Main Roads and Maritime Services
Board) Award.
Clause 18 - Special Rates
22. Award Safety Net
If the NSW Industrial Relations Commission (IRC) increases
the wage rates and allowances in Awards relevant to the Department which
previously applied to an employee's position to an amount above that payable to
an employee under this Award, then the Department will pay the higher amount in
lieu of the wage rates and allowances in this Award.
Such higher rates shall be paid from the date ordered by the
IRC.
Should the IRC increase wage rates and allowances in the Award
which previously applied to an employee's position to an amount still below
that payable to an employee under this Award, then the Department will continue
to pay the higher amount set out in this Award in lieu of the Award wage rates
and allowances.
The wage rate increase of 1.35%, paid for the inclusion of
leave loading in wage rates, shall not be taken into account when considering
the relative wage rates mentioned in the preceding paragraph.
23. Leave Reserved
Leave is reserved to any party to the award in relation to
the following matters:
The implications of any negotiated outcome between the
parties or arbitrated decision with regard to the Secure Employment Test Case
on employees covered by the award.
The inclusion in the award of a suitable Trade Union
Delegates Activities clause, with specific reference to the provisions existing
within the Crown Employees (Public Service Conditions of Employment) Award
2002.
24. Assistance With
Public Transport
The Department will provide funds for the purchase of yearly
rail, bus and ferry tickets (or combinations of these) for employees who
require them.
Employees will repay the cost of the ticket over 12 months
through regular fortnightly deductions from after tax salary.
APPENDIX THREE
APPRENTICES
Apprentices employed pursuant to the terms of the Crown
Employees (Skilled Trades) Award shall be employed under the terms of this Award
and the Crown Employees (Skilled Trades) Award with the following exceptions.
1. Leave
Clause 15. - Leave of this Award shall have effect to
the extent that it is inconsistent with Clause 30 - General Leave Conditions
and Accident Pay of the Crown Employees (Skilled Trades) Award and the Uniform
(Ministerial) Leave Conditions.
2. Wages - Refer
to Part B Table 3
3. Fortnightly
Payment
Wages staff shall be paid fortnightly.
Department of Services, Technology & Administration
shall not keep more than five days pay in hand.
4. Electrical
Trade Apprentices
Apprentices to the electrical/electronic trades shall
be paid Excess Fares and Travelling Time according to the provisions generally
applying to building tradespersons under subclause 13.1 of this Award.
Apprentices to the electrical/electronic trades shall
be paid Tool Allowance at the rate of $44.20 per fortnight in lieu of the Crown
Employees (Skilled Trades) Award provision.
5. Building Trade
Apprentices
Building trade apprentices will be paid Excess Fares
and Travelling Time according to the provisions of Part B - Allowances of this
Award.
6. All Purpose
Payment in Lieu of Certain Allowances
All allowances set out in clauses 4 and 15, other than the
exemptions mentioned below, of the Crown Employees (Skilled Trades) Award shall
not be paid to apprentices.
At clause 4, Allowances, all sub-clauses except:
(4) Electricians
(6) Plumber and
Drainer
(12) Registration
Allowance
(41) Asbestos
(44) Asbestos
Eradication
In recognition that apprentices will continue to work under
circumstances that previously attracted allowance payments pursuant to the
above-specified subclauses, payments for all purposes of this Award shall be
made. The payments shall be as follows:
2002
$38.10 per fortnight for all Heritage and Building
Services Group apprentices, other than plumbing apprentices.
$43.30 per fortnight for plumbing apprentices.
1.1.2003
$39.60 per fortnight for all Heritage and Building
Services Group apprentices, other than plumbing apprentices.
$45.00 per fortnight for plumbing apprentices.
1.7.2003
$41.60 per fortnight for all Heritage and Building
Services Group apprentices, other than plumbing apprentices.
$47.30 per fortnight for plumbing apprentices.
(Plumbing apprentices will no longer be able to claim
separate payment for chokages or fouled equipment.)
APPENDIX FOUR
COMPETENCY BASED
PROMOTION FROM WAGES STAFF LEVEL 2, 3 OR 4
Further to the memorandum of agreement between various
Public Sector employers and Unions with respect to the second tier wage
increase in the Crown Employees (Skilled Tradesmen) Award from 1988, competency
development involves multi-skilling.
Competency based promotion will not be offered to duration
staff until their reclassification to permanent status or to apprentices within
12 months after completion of their indentures.
BUILDING GROUP TRADES
Should a Building Group tradesman achieve the additional
"standard" competencies for Building Group trades staff, competency
based promotion to level 5 can occur.
The additional "standard" competencies must be exercised in
rectification/make good circumstances to a standard such that a specialist
tradesperson in the additional competency is not required to make any further
rectification work. The relevant
District Manager shall conduct assessment and certification of the additional
"standard" competencies and additional specific competencies for each
employee.
ADDITIONAL "STANDARD" COMPETENCIES FOR BUILDING
GROUP TRADES:
SCAS (ability to perform field surveys and tabulate data
manually. Introduction of any new technologies will be negotiated separately.)
Floor/Wall Tiling
Painting
Gyprock/Ceiling Fixing
Concreting/Brickwork
Fencing
Site Restoration (int/ext)
Glazing or Roof Glazing
First Aid Certificate
HERITAGE SERVICES GROUP TRADES
Should a Heritage Services Group employee employed achieve
the additional "standard" competencies for Heritage Services Group
Trades staff and the required additional specific competencies set out for that
trade, competency based promotion to level 5 can occur. The additional "standard" and
"specific" competencies must be exercised in rectification/make good
circumstances to a standard such that a specialist tradesperson in the
additional competency is not required to make any further rectification
work. Specific competencies are
integral to the work undertaken by Heritage Services and staff must be proficient
to tradesman levels with no limit to application of the competency. The Section Managers, Heritage Services,
shall conduct assessment and certification of the additional
"standard" competencies and additional specific competencies for each
employee.
ADDITIONAL "STANDARD" COMPETENCIES FOR HERITAGE
SERVICES GROUP
Floor/Wall Tiling
Painting or Forklift Operation
Gyprock/Ceiling Fixing
Concreting/Brickwork
Site Restoration (int/ext)
First Aid Certificate
ADDITIONAL SPECIFIC COMPETENCIES FOR HERITAGE SERVICES GROUP
TRADES:
Plumber
|
Painter
|
Stonemason
|
(2 required)
|
(2 of 3 required)
|
(2 required)
|
|
|
|
Slatework
|
Gold Leaf/Stencil Work
|
Operate Factory Machines
|
Lead/Copper Work
|
Signwriting
|
Work & Fix Complicated Stones
|
|
Glazing (measure, cut & fix)
|
|
|
|
|
Electrician
|
Carpenter
|
Stone Cutters
|
|
|
|
Data Cabling
|
Glazing
|
Competent on all machines
|
|
Rendering/Gyprock
|
Competent Crane Operation
|
|
|
|
STONEMASONS
For the above purposes, complicated stones are those that:
Are typified by such properties as having more than one
mould/template or having a high degree of marking out or existing in two or
more planes.
Examples include:
baluster dies, finials, gothic mould tracery, stones of
exceptional size that require a high degree of accuracy, pediment springers,
ramp and twists, dentils, columns and capitols, and stones that require letter
cutting.
Should there be any disagreement over the classification of
the stone the Factory Co-ordinator and Stonemasonry Manager will adjudicate.
LABOURERS
Should an employee employed as a labourer achieve all the
additional competencies set out below for that occupation, competency based
promotion to level 4 can occur. The
additional competencies must be exercised in rectification/make good
circumstances to a standard such that a specialist tradesperson in the
additional competency is not required to make any further rectification
work. The relevant District Manager,
Building Group or the Section Manager, Heritage Services, shall conduct
assessment and certification of the additional specific competencies for each
employee.
ADDITIONAL COMPETENCIES FOR LABOURERS:
Floor/Wall Tiling
Rendering
Painting
Gyprock/Ceiling Fixing
Brickwork
Fencing
First Aid certificate
Should a Department of Services, Technology &
Administration Wages employee Level 3 in receipt of a leading hand allowance
achieve competency-based promotion to Level 4, then payment of the leading hand
allowance will cease.
A Department of Services, Technology & Administration
Wages employee level 2 or 3 in receipt of a leading hand allowance who achieves
competency based promotion to Level 4 will not suffer a loss of remuneration.
GENERAL
Should a Department of Services, Technology &
Administration Wages employee Level 4 in receipt of a leading hand allowance
achieve competency based promotion to Level 5, then payment of the leading hand
allowance will cease.
Should an employee request in writing, and be willing to
undertake, the training required to achieve competency based promotion to Wages
employee Level 4 or 5 and have that training denied by Department, then the
relevant competency based promotion will be granted 12 months after the
original date of the request for training.
Department of Services, Technology & Administration
Wages employee Level 2, 3 or 4 denied competency based promotion by the
relevant District Manager or the Section Managers, Heritage Services shall have
rights of appeal against that decision to a panel consisting of the Heritage
and Building Services Group Resource Manager, a Section/District Manager other
than the maker of the original decision and a nominee of the relevant union. Should the matter remain unresolved it will
be referred to an external assessor. In
all other respects, the appeal process will duplicate that used for promotion
appeals within the Heritage and Building Services Group.
PART B
RATES &
ALLOWANCES
Rates
Table 1 - Wages
Classification and Salary Schedules
Salary Rates effective from the beginning of the first pay
period to commence on or after 1 July 2008.
(1)
Classification
|
$ Rate per
fortnight
|
|
|
|
|
FFPOA
|
FFPOA
|
FFPOA
|
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
L1
|
(92%)
|
1575.90
|
1615.30
|
1655.70
|
L2
|
(95%)
|
1628.60
|
1669.30
|
1711.00
|
L3
|
(97.5%)
|
1673.00
|
1714.80
|
1757.70
|
L4
|
(100%)
|
1712.90
|
1755.70
|
1799.60
|
L5
|
(105%)
|
1809.50
|
1854.70
|
1901.10
|
L6
|
(110%)
|
1884.30
|
1931.40
|
1979.70
|
L7
|
(115%)
|
1970.00
|
2019.30
|
2069.80
|
L8
|
(120%)
|
2055.30
|
2106.70
|
2159.40
|
L9
|
(126%)
|
2158.50
|
2212.50
|
2267.80
|
L10
|
(133%)
|
2271.40
|
2328.20
|
2386.40
|
|
(135%)
|
2320.10
|
2378.10
|
2437.60
|
L11
|
(139%)
|
2388.10
|
2447.80
|
2509.00
|
|
|
2457.80
|
2519.30
|
2562.30
|
|
(147%)
|
2527.60
|
2590.80
|
2655.60
|
L12
|
(152%)
|
2606.10
|
2671.30
|
2738.10
|
|
(156%)
|
2682.40
|
2749.50
|
2818.20
|
Progression from Level 6 to Level 7 and from Level 10 to
Level 11 shall be on the basis of satisfactory performance and the
demonstration of appropriate competency. Such progression shall be on the
determination of the Department.
(2) Employees required
to hold trade certificates, or the equivalent, for the below named trades shall
be paid a Special Allowance for all purposes of this Award as follows:
$ Rate per
fortnight
|
|
|
FFPOA
|
FFPOA
|
FFPOA
|
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
|
Stonemason-carvers
|
114.60
|
117.50
|
120.40
|
|
Electricians
|
114.60
|
117.50
|
120.40
|
|
Plumbers
|
18.10
|
18.55
|
19.00
|
|
Welder (Special)
|
18.10
|
18.55
|
19.00
|
|
(3) The Definition, Scope
of Work, Level of Skill and Quality, Safety and General Responsibilities for
each Level is detailed in the 12 Level classification structure, set out at
Appendix 1.
Table 2 - Survey
& Spatial Classification and Salary Schedules
Classification
|
$ Rate per
fortnight
|
|
|
FFPOA
|
FFPOA
|
FFPOA
|
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
L1
|
(92%)
|
1575.90
|
1615.30
|
1655.70
|
|
L2
|
(95%)
|
1628.60
|
1669.30
|
1711.00
|
|
L3
|
(97.5%)
|
1673.00
|
1714.80
|
1757.70
|
|
L4
|
(100%)
|
1712.90
|
1755.70
|
1799.60
|
|
(1) The Definition,
Scope of Work, Level of Skill and Quality, Safety and General Responsibilities
for Survey & Spatial for each Level is detailed in the 4 Level
classification structure, set out at Appendix 2.
Table 3 -
Apprentice Classification and Salary Schedules
|
$ Rate per
fortnight
|
Apprentice
|
|
|
FFPOA
|
FFPOA
|
FFPOA
|
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
|
1st Yr
|
834.90
|
854.70
|
875.00
|
|
2nd Yr
|
1069.10
|
1094.80
|
1121.10
|
|
3rd Yr
|
1343.10
|
1375.60
|
1408.91
|
|
4th Yr
|
1534.30
|
1571.60
|
1609.80
|
|
Allowances
Conditions of
Employment - Allowances
In general, the conditions of the Crown Employees (Skilled Trades)
Award shall apply to employees to simplify administration and provide
consequent savings.
Specific conditions relating to;
Excess Fares and Travelling Time
Distant Work
Payment for Loss of Tools
Overtime
Tool Allowance
shall operate as provided by this clause.
(1) Excess Fares And
Travelling Time
An allowance of $16.10 per day, comprising of $9.50 for
excess fares and $6.60 for excess travelling time, (including the Rostered Day
Off) shall be paid to employees to compensate for excess fares and travelling
time to and from places of work, provided that:
(a) only the
travelling time component of the allowance shall be payable if the Department
provides, or offers to provide transport free of charge to the employee and that
offer is refused; and
(b) the provisions
of this subclause shall not apply to any employee when required to commence and
cease work at a workshop which is their regular place of employment
An employee, who on any day is required to work at a
site away from their accustomed workshop and who shall, at the direction of the
Department, present for work at such site at the usual starting time, shall be
paid this allowance for each such day.
Where an employee is sent during working hours from a
shop to a site, or a site to a shop, or from a shop to a shop, or from a site
to a site, the Department shall pay all travelling time and fares incurred in
addition to the amounts the Department may be liable to pay under this clause.
Where an employee is required to use their private
vehicle to transfer from one work site to another during working hours the
employee shall be paid an allowance of $0.69 per kilometre. An employee using a
motor vehicle for work must have for the vehicle a valid Third Party insurance
policy and a comprehensive motor vehicle insurance policy to an amount and in a
form approved by the Department.
The provisions of Clause 16 - Dispute Resolution of
this Award shall be used to resolve any problems concerning the operation of
this clause.
The provisions of this subclause do not apply to
employees classified as Department of Services, Technology & Administration
Staff (Wages) Level 8 or above.
(2) Distant Work
The provisions of this clause apply only to employees
employed in non-metropolitan Departmental Regions. This clause does not apply to employees employed in the
Newcastle, Central Coast, Sydney and Wollongong metropolitan areas.
For the purpose of this clause, Distant Work is that in
respect of which the distance or the travelling facilities to and from such
places of work make it reasonably necessary that the employee should live and
sleep at some place other than their usual place of residence at the time of
commencing such work. Provided that if
the employee, whilst employed on Distant Work, changes their usual place of
residence or any further change thereof (if made whilst employed on Distant
Work) shall be the usual place of residence for determination whether the work
is Distant Work within the meaning of this clause.
Provided further that after the expiration of four
weeks this clause shall not apply to an employee who is appointed to work as a
regular employee at a permanent workshop whilst working at such workshop.
While on Distant Work, a majority of employees
concerned and Departmental management may mutually agree that ordinary working
hours may be worked up to a maximum of twelve hours per day on any day of the
week.
Providing that the employees concerned and Departmental
management will mutually agree, in accordance with the Department’s
convenience, whether additional time worked is taken as time off in-lieu of
payment at ordinary rates at either:
the completion of the project; or
within three months of its being worked; or
is paid at ordinary rates.
An employee engaged on Distant Work shall be conveyed with
tools to and from at the Department’s expense.
Such conveyance shall be made only once unless the employee is recalled
and sent again to the place of work when it shall be made each time that this
happens, provided that the return fares and travelling time need not be paid to
a employee:
who leaves of their own free will; or
is dismissed for misconduct
before the completion of the job, before being three months
in such employment, whichever first happens, or is dismissed for incompetence
within one week of engagement.
Time occupied in travelling to and from Distant Work shall
be paid for at ordinary rates, provided that no employee shall be paid more than
an ordinary day's wages for any day spent in travelling unless the employee is
on the same day occupied in working for the Department. The employee shall be paid also an amount of
$15.30 to cover the expenses, if any, of reaching home and of transporting
tools.
On Distant Work the Department shall provide reasonable
board and lodging or pay an allowance of $43.30 per day for each day residing
away from the usual place of residence or $303.00 per week of seven days but
such allowance shall not be wages.
Reasonable board and lodging for the purpose of this clause
shall mean lodging in a well-kept establishment with adequate furnishings, good
bedding, good floor coverings, good lighting, good heating, hot and cold
running water in either a single room or a twin room if a single room is not
available.
Where an employee is engaged upon distant jobs and is
required to reside elsewhere than on site they shall be paid the fares and
travelling time allowance prescribed by this clause.
An employee on Distant Work, after three months continuous
service, and thereafter at three monthly intervals, may return home at the
weekend and shall be paid the fares reasonably incurred in so travelling home
and to the place of work, provided however, that if the work upon which the
employee is engaged will be completed within twenty-eight days after the
expiration of any such period of three months, as hereinbefore mentioned, then
the provision of this subclause shall not be applicable.
The employee shall inform the Department in writing of
subsequent change to the usual place of residence.
If the Department and an employee engaged on Distant Work
agree in writing, the paid Rostered Day Off prescribed in the Award may be
taken and paid for at a time mutually agreed.
The agreement shall only apply for a paid day or days off work up to
maximum accrual of five days.
In general terms, the Department’s policy for employees is
that the provisions of the Distant Work Clause apply where the work site is
situated more than 95 kilometres from the Depot or Post Office of the town in
which the employee is based and the employee lives away from home for the
period of the job.
The only exceptions to this rule would be in rare cases,
such as where road conditions or special circumstances make it unreasonable or
uneconomic to apply. In such
circumstances local Departmental management has discretion to apply Distant
Work provisions on sites situated less than 95 kilometres from the Depot or
Post Office, subject to written justification being recorded on the job file
and signed by the local Departmental management representative. The employee must live away from home to
receive payment under these circumstances.
(3) Payment For Loss
Of Tools
(a) An employee
shall be reimbursed by the Department to a maximum of $1315.00 for loss of
tools or clothes by fire or breaking and entering whilst securely stored at the
direction of the Department in a room or building on Department premises, job
or workshop or in a lock-up or if the tools are lost or stolen while being
transported by the employee at the Department’s direction, or if the tools are
accidentally lost over water or if tools are lost or stolen during an
employee's absence after leaving the job because of injury or illness.
Provided that an employee transporting their own tools
shall take all reasonable care to protect those tools and prevent theft or
loss.
(b) Where an
employee is absent from work because of illness or accident and has advised
Department, then the Department shall ensure that the employee's tools are
securely stored during the employee's absence.
(c) Provided that
for the purposes of this sub-clause:
Only tools used by the employee in the course of their
employment shall be covered by this sub-clause.
The employee shall, if requested to do so, furnish the
Department with a list of tools so used.
Reimbursement shall be at the current replacement value
of new tools of the same or comparable quality.
The employee shall report any theft to the police prior
to making a claim on the Department for replacement of stolen tools.
It is assumed that the Department has directed staff to
store their tools (as detailed above) unless otherwise directed not to.
(4) Overtime
Overtime provisions, including payment for meals, as
provided by Clause 9. Overtime of the Crown Employees (Skilled Trades) Award
shall apply to all employees.
An employee may opt to take time-off in lieu of paid
overtime at the same rate at which the overtime was accrued, subject to
management agreement. Any such time-off
will be taken within an agreed time and not later than 3 months of the working
of the overtime. An employee, subject
to management agreement, may take part time-off in lieu and part payment for
overtime.
(5) Tool Allowance
Tool Allowances payable to Department of Services,
Technology & Administration Staff (Wages) shall be those set out in the
following table:
Trade Description
|
|
Rate per fortnight
|
|
|
$
|
Carpenter/Joiner
|
)
|
|
Stonemason-carver
|
)
|
|
Stonemason
|
)
|
44.20
|
Plumber
|
)
|
|
Electrician
|
)
|
|
Metal Tradespersons
|
)
|
|
|
|
|
Plasterer
|
|
36.40
|
|
|
|
Bricklayer
|
)
|
|
Tilelayer
|
)
|
31.20
|
|
|
|
Slater & Tiler
|
|
23.00
|
|
|
|
Painter
|
|
10.80
|
(6) Thermostatic
Mixing Valves Allowance
An employee who is required by the Department to act on
their thermostatic mixing valve licence shall be paid $0.63 per hour, while undertaking
inspection and certification of thermostatic mixing valves.
(7) Allowances
Review
Increases in Expense Related Allowances payable under
the Awards listed in Clause 22 of this Award shall be paid, as appropriate, to
employees covered by this Award.
Payment of increases shall be made from the same operative date as Award
variations.
Expense Related Allowances include:
Tool Allowance
Meal Allowance
Excess Fares and Travelling Time
Distant Work Allowances
Wage Related Allowances shall increase by the same
percentage amount, and from the same operative date, as rates of pay increase
under this Award.
(8) All Purpose
Payment in Lieu of Certain Allowances
The provisions of this sub-clause do not apply to:
Department of Services, Technology & Administration
Staff (Wages) employees Levels 9, 10, 11 and 12.
Department of Services, Technology & Administration
Staff (Wages) employees who have no entitlement to allowances payable under the
Crown Employees (Skilled Trades) Award.
All allowances set out in clauses 4 and 15, other than
the exemptions mentioned below, of the Crown Employees (Skilled Trades) Award
shall not be paid to Department of Services, Technology & Administration
Staff (Wages) employees of any Level.
At clause 4, Allowances, all sub-clauses except:
(4) Electricians
(6) Plumber and
Drainer
(12) Registration
Allowance
(41) Asbestos
(44) Asbestos
Eradication
In recognition that employees will continue to work under
circumstances that previously attracted allowance payments pursuant to the
above specified clauses, payments for all purposes of this Award shall be
made. The payments shall be as follows:
From 1.7.2003
$41.60 per fortnight for all Heritage and Building Services
Group employees other than slaters, plumbers and plumbing apprentices.
$47.30 per fortnight for slaters, plumbers and plumbing
apprentices.
(Plumbers and plumbing apprentices will no longer be able to
claim separate payment for chokages or fouled equipment.)
Should circumstances arise where the payment of the
allowance prescribed by this subclause for plumbers becomes consistently
disadvantageous when compared to payment through the claiming of allowances as
set out in the Crown Employees (Skilled Trades) Award, then the Department and
the Union will review the situation.
Any result of such a review that results in the requirement to amend
this subclause will be presented as a consent matter by the Department and the
Union.
(9) Driving Van
Allowance
Department of Services, Technology & Administration
Staff (Wages) employees allocated and responsible for commercial vehicles
containing Departmental plant and equipment, which are parked at the premises
of the employee overnight, shall be paid a flat allowance of $2.40 per day. This allowance is paid daily for each day
worked and is not paid for all purposes of this Award. It shall be treated as a wage related
allowance for the purpose of future increases.
E.
A. R. BISHOP, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.