Crown
Employees (Department of Education and Communities - Program Officers) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 117 of 2012)
|
Before The Honourable
Mr Justice Staff
|
30 March 2012
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Parties
5. Appointment
and Employment
6. Rates of
Pay
7. Temporary
and Casual Employment
8. Mobile
Positions
9. General
Conditions of Employment
10. Hours of
Duty
10A. Public
Holidays
11. On Call
12. Sport and
Recreation Allowance
13. Night Duty
Allowance
14. Recreation
Leave and Annual Leave Loading
15. Compensatory
Leave
16. Accommodation
and Residential Requirements
17. Staff to
Client Ratios
18. Protective
Clothing and Equipment
19. Immunisations
20. Accreditations
21. Professional
Development
22. Transfers
Between Centres
23. Variable
Year Employment
24. Deduction
of Union Membership Fees
25. Anti
Discrimination
26. Grievance
and Dispute Resolution Procedures
27. No Extra
Claims
28. Area,
Incidence and Duration
PART B
Table 1 - Rates of Pay - Program Officers - Permanent
Employees
Table 2 - Rates of Pay - Program Officers - Temporary and
Casual Employees
Table 3 - Rates of Pay - Assistant Instructor and Program
Officer (Instructor)
Table 4 - Allowances
SCHEDULES
Schedule 1 - Centre Locations
Appendix 1 - Casual Leave Entitlements
2. Title
2.1 This award will
be known as the Crown Employees (Department of Education and Communities -
Program Officers) Award.
3. Definitions
"Act" means the Public Sector Employment
and Management Act 2002.
"AQF" refers to the Australian Qualifications
Framework.
"Association" means the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
"Assistant Group Leader" refers to an
employee employed on a temporary or casual basis to learn the role of group
leader who may also be required to assist group leaders and program officers in
the delivery of programs that are non-educational outcomes based.
"Bivouac" refers to an under canvas/camping
activity conducted by Program Officers for client groups.
"Centre" refers to a Departmental residential
establishment or site as listed at Schedule 1 where instruction is provided in
outdoor recreation for members of the community. It also includes any place
designated as part of, or as an annex to, such an establishment.
"Centre Manager" refers to the Centre Manager
of a Centre of the Department.
"Day Duty" refers to hours of duty performed
between 7.00am and 7.30pm but does not include meal breaks or periods where an
employee is on call.
"Department" means the Department of Education
and Communities.
"Director Commercial Services" means the
Director Commercial Service, Sport and Recreation Division of the Department.
"Director-General" means the Director-General
of the Department.
"Director-General, Department of Premier and
Cabinet" has the same meaning as in the Public Sector Employment and
Management Act 2002.
"Employees" means all persons employed under
the provisions of the Act as permanent, temporary or casual employees and who
as at the operative date of this award were occupying a position covered by
this award, or who, after that date, are appointed to or employed in any such
position.
"Executive Director" means the Executive
Director, Sport and Recreation.
"Hours of Duty" refers to the period of time
an employee is rostered to deliver client services on day duty, night duty and
on duty during a bivouac, but does not include meal breaks or periods where an
employee is on call.
"Night Duty" refers to hours of duty
performed between 7.30pm and 7.00am but does not include meal breaks or periods
where an employee is on call.
"On Call" refers to periods where an employee
is required to be in attendance at the workplace or at a bivouac but during
which the employee is off duty and is permitted to undertake personal
activities including sleep but, where circumstances require it, may be called
to duty. Periods of on call shall not
be regarded as rostered hours of duty.
"Program Officer" refers to an employee
employed to deliver programs, services and products encompassing structured
educational programs, coordination, coaching and instruction of sport and
recreational activities and provision of liaison services to community,
sporting, corporate and other client groups.
"Program Officer (Group Leader)" refers to an
employee employed on a temporary or casual basis to provide instruction and
deliver programs that are non-educational outcomes based.
"Regulation" means the Public Sector
Employment and Management Regulation 2009.
"Sport and Recreation" means the Sport and
Recreation division of the Department.
4. Parties
4.1 This award has
been made between the following parties:
(i) Director-General,
Department of Premier and Cabinet
(ii) Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales
(iii) Department of
Education and Communities
5. Appointment and
Employment
5.1 The appointment
or employment of employees to vacant positions will be by competitive merit
selection, or by transfer between like positions, as set out in the Act.
5.2 Program Officers
will be appointed or employed on the basis of possessing tertiary
qualifications in a relevant field and appropriate knowledge, skills and
experience as determined by the Executive Director. Relevant fields include, but are not limited to, Education, Arts,
Social Sciences, Applied Science, Health and Human Movement. The minimum entry
level qualification required is a degree or alternatively, Certificate IV (AQF)
Outdoor Recreation and relevant industry experience.
5.3 Program Officer
(Group Leaders) and Assistant Group Leaders are employed on a temporary or
casual basis only.
5.4 Assistant
Instructors must have completed four years of secondary education and have
attended a Departmental introductory training camp or have equivalent
experience in a similar environment.
5.5 Program Officer
(Group Leader) must meet the requirements of Assistant Instructor and in
addition hold a current Royal Life Saving Society (RLSS) Swim and Survive
Award, Resuscitation Award, First Aid Qualification and have obtained Sport and
Recreation Activity Accreditation Scheme (SRAAS) accreditation as prescribed by
the SRAAS policy. In addition, Program Officer (Group Leader) must have been
employed on a minimum of two occasions as an Assistant Group Leader or provide
evidence of equivalent experience and/or qualifications.
6. Rates of Pay
6.1 Rates of pay are
specified at Part B, Tables 1, 2 and 3 of this award. The minimum salary level to which a Program Officer will be
appointed to shall be the rate specified at Level 3, Table 1.
6.2 Rates of pay
provided for in this award will be adjusted in accordance with variations to
theCrown Employees (Public Sector - Salaries 2008) Award or any replacement
award.
7. Temporary and
Casual Employment
7.1 A temporary
employee may be employed under section 27 of the Act to carry out the duties of
a position that is temporarily vacant or to provide additional assistance
during busy periods. The nature of the employment will be regular and for a
fixed period of time.
7.2 A casual
employee may be employed under section 38 of the Act. The nature of the
employment will be irregular, intermittent, of short duration and may have arisen
due to unforseen staff shortages or emergencies.
7.3 Temporary and
casual Program Officers will be paid on a daily or half daily basis at the
appropriate rate prescribed in Part B, Table 2 of this Award commensurate with
their skills, experience and qualifications as determined by the Centre
Manager.
7.4 The casual rates
of pay for Program Officer specified at Part B, Table 2 include a loading and
represent full remuneration for employment (including recreation leave), with
the exception of entitlements provided in Clause 13, Night Duty Allowance, and
at Appendix 1 of this award.
7.5 The rates of pay
for Program Officer (Instructor) and Assistant Instructor are specified at Part
B, Table 3. These rates represent full
remuneration of employment with the exception of entitlements provided under
subclause 7.7 of this clause and Clause 13, Night Duty Allowance, of this
award.
7.6 Temporary and
casual employees may be engaged for a period of less than one full day within
the term of their employment. An employee engaged on a half-day basis (up to
3.5 hours) shall attract a salary of 50% of the rate specified at Part B, Table
2 for program officers or Table 3 for Program Officer (Instructors) or
Assistant Instructors. Duty that
extends beyond half day (3.5 hours) shall attract the full daily rate of pay.
7.7 Temporary
Program Officers, Program Officer (Group Leaders) and Assistant Group Leaders
engaged for periods of three months or less will receive 6/46ths of salary
earned during their employment in lieu of recreation leave entitlements when
their period of employment ends.
8. Mobile Positions
8.1 Three permanent
mobile program officer positions will be established by the Department. These
positions will be based at Sport and Recreation’s central office however
employees appointed to these positions will be deployed across locations where
the need arises.
8.2 Travel
allowances for employees in mobile positions will be payable in accordance with
the Crown Employees (Public Service Conditions of Employment) Award 2009, or
any replacement award.
8.3 Employees
appointed to mobile positions may apply to transfer to an advertised program
officer vacancy permanently established at a Centre or Academy after 12 months
continuous service in a mobile position.
Such transfers will require the approval of the Director Commercial
Services.
8.4 The Association
will be consulted if the Department proposes to increase the number of mobile
positions established.
9. General Conditions
of Employment
9.1 All other conditions
not specified in this award shall be provided in accordance with the Crown
Employees (Public Service Conditions of Employment) Award 2009 or any
replacement award.
10. Hours of Duty
10.1 The contract hours
of duty will be 35 hours per week, exclusive of meal breaks and shall be worked
over 20 days within a four week roster cycle. Hours of duty may be undertaken
on any day of the week and may comprise day duty and night duty.
10.2 Employees will be
rostered according to client needs and may be required to commence duty at any
time during the day.
10.3 Rosters will be
displayed in an area available to all employees no less than five (5) days
before the beginning of the four week roster cycle. A roster may be altered at any time to enable the service of a
Centre to be delivered. A minimum of 24 hours notice of roster variations will
be given wherever possible.
10.4 An employee may
be requested to work when a rostered employee is absent from duty on account of
illness, in an emergency or due to unforseen circumstances but only if it
reasonable for the employee to be required to do so.
10.5 An employee may
refuse to work additional hours resulting from a roster change in circumstances
where the working of such hours would result in the employee working
unreasonable hours. In determining what is unreasonable, the following factors
will be taken into account:
(i) the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements;
(ii) any risk to
employee health and safety;
(iii) the urgency of
the work required to be performed, the impact on the operational commitments of
the organisation and the effect on client services;
(iv) the notice (if
any) given by the Manager and by the employee of their intention to refuse to
work the additional hours, or
(v) any other
relevant matter
10.6 Employees will be
rostered for 20 days within a four week roster cycle. Permanent and temporary
program officers who are required to undertake duty on days in excess of 20
days in a four week roster cycle shall be entitled to accumulate one day
compensatory leave for each day worked in excess of twenty.
10.7 Night duty and
hours worked in excess of 35 hours per week by permanent and temporary program
officers are compensated by way of payment of the sport and recreation
allowance (see clause 12), additional recreation leave (see subclause 14.2) and
compensatory leave (see clause 15).
10.8 Wherever
practicable, an unpaid meal break of 30 minutes must be provided to and taken
by employees after every five hours of continuous duty. Where it is not possible for an employee to
be provided with an uninterrupted meal break, the meal break will be counted as
part of the employee’s hours of duty.
10.9 All employees
must record their hours of duty each day in an approved form, specifying start
and finish times and meal breaks.
10A. Public Holidays
10A.1 Employees rostered
for duty on a Public Holiday shall count the hours actually worked towards
their contract hours of duty and the day shall be counted as a day worked
within the four week roster cycle.
10A.2 Public Holiday
duty is compensated by way of payment of the sport and recreation allowance
(see clause 12) and compensatory leave (see paragraph (ii) of subclause 15.1).
10A.3 Employees not
rostered for duty on a Public Holiday shall count 7 hours towards their
contract hours of duty and the day shall be counted as a day worked within the
four week roster cycle.
11. On Call
11.1 Employees may be
required to perform on call duties as a regular part of their role to support
the safety and welfare of clients. When on call overnight, an employee will be
required to reside on site in Centre accommodation in order to respond
immediately to emergencies or situations requiring the assistance of an
employee.
11.2 Employees will be
provided with free lodging for each night they are required to be on call
overnight.
11.3 Employees must
report any disturbances to the Centre Manager.
If the incident is serious and/or resulted in a significant disruption
to the employee’s sleep, the Centre Manager will be required to make an
assessment of the employee’s ability to continue duty if rostered on the next
day.
11.4 Compensation for
on call undertaken by permanent and temporary program officers is provided
through payment of the sport and recreation allowance (see clause 12 of this
award) and compensatory leave (see clause 15 of this award).
12. Sport and
Recreation Allowance
12.1 The sport and
recreation allowance prescribed in Part B, Table 4 of this award is payable to
all permanent Program Officers, except as provided at subclause 12.7 of this
clause.
12.2 Temporary Program
Officers shall be entitled to the daily allowance prescribed in Part B, Table 4
for each day they are employed. Casual Program Officers and instructional staff
are not entitled to the sport and recreation allowance.
12.3 The sport and
recreation allowance is payable for all incidences of employment, except as
provided at subclause 12.5 of this award, and will be regarded as part of
salary for superannuation purposes.
12.4 The sport and
recreation allowance is in lieu of:
(i) overtime
payments and allowances paid for:
night duty and/or on call on up to eight occasions in a
roster period
weekend work
public holiday duty
(ii) meal
interruptions
(iii) working in
adverse conditions (for example, but not restricted to, inclement weather).
12.5 The sport and recreation
allowance does not compensate for employees sleeping outdoors as part of a
bivouac, who shall be paid a camping allowance as provided in Table 1 -
Allowances of the Crown Employees (Public Service Conditions of Employment)
Award 2009 or any replacement award. The camping allowance shall be paid at the
rate applicable for a Non Established Camp, as determined by the
Director-General, Department of Premier and Cabinet from time to time.
12.6 The sport and
recreation allowance will be adjusted in accordance with variations to the
Crown Employees (Public Sector - Salaries 2008) Award or any replacement award.
12.7 The sport and
recreation allowance will not be payable during temporary transfers to
positions that are not covered by this award.
13. Night Duty
Allowance
13.1 Casual Program
Officers are entitled to the night duty allowance prescribed at Part B, Table 4
of this award if they are rostered for night duty or are required to be on call
overnight.
13.2 Program Officer
(Group Leaders) are entitled to the allowance specified at Part B, Table 4 of
this award if they are required to be on call overnight.
13.3 Assistant Group
Leaders are not eligible to receive the night duty allowance as they are not
required to perform night duty.
14. Recreation Leave
and Annual Leave Loading
14.1 Employees shall
be entitled to recreation leave as provided for in the Crown Employees (Public
Service Conditions of Employment) Award 2009 or any replacement award.
14.2 In addition to the
entitlements under subclause 14.1 of this clause, employees shall be entitled
to accrue an additional ten days recreation leave per annum as compensation for
day duty performed that is in excess of the contract hours of duty.
14.3 An employee shall
take at least two consecutive weeks of recreation leave every 12 months, except
by agreement with the Director Commercial Services in special circumstances.
14.4 Employees are
entitled to accrue up to a maximum of 40 days recreation leave before they will
be directed to take a minimum of two weeks recreation leave within three months
of the notification at a time convenient to the Centre.
14.5 The employee will
be notified when accrued recreation leave reaches 50 days and will be directed
to take at least two weeks recreation leave within six weeks of the
notification. This leave is to be taken at a time convenient to the Centre.
14.6 Rates of pay
provided for in this award at Part B, Tables 1, 2 and 3 incorporate payment for
annual leave loading.
15. Compensatory
Leave
15.1 Permanent and
temporary Program Officers will accrue compensatory leave, subject to subclause
15.2 of this clause, in the following circumstances:
(i) In accordance
with subclause 10.6 of clause 10, Hours of Duty, of this award, one day of
compensatory leave will accrue for each day worked in excess of 20 in a roster
cycle.
(ii) Employees
rostered for duty on a public holiday at any time during the roster cycle shall
accrue 1.5 days compensatory leave.
(iii) Employees who
are rostered to perform night duty or are required to be on call overnight on
more than eight occasions in any roster period shall accrue compensatory leave
as follows:
one day of compensatory leave will accrue for overnight
night duty/on call
a half day of compensatory leave will accrue for night
duty/on call that does not require the employee for the entire night provided a
minimum of 7 hours duty in total (day and night duty) has been worked.
Employees can be rostered for night duty or required to
be on call overnight on up to eight occasions in each roster period before
compensatory leave accrues.
(iv) The number of
nights rostered to achieve accrual of compensatory leave will be pro-rated for
each week of leave taken in a roster period:
Where one week of leave is taken compensatory leave
will accrue in accordance with paragraph (iii) of this subclause when the
employee is required to perform night duty or be on call overnight on more than
6 occasions
Where two weeks of leave is taken compensatory leave
will accrue in accordance with the said paragraph (iii) when the employee is
required to perform night duty or be on call overnight on more than 4 occasions
Where three weeks of leave is taken compensatory leave
will accrue in accordance with the said paragraph (iii) when the employee is
required to perform night duty or be on call overnight on more than 2 occasions
(v) Hours of duty
performed in excess of 40 hours per week will attract compensatory leave, on an
hour for hour basis, up to a maximum of 91 hours per annum. Compensatory leave accrued under this
paragraph is not counted towards the limit on accumulation set at subclause
15.2 for compensatory leave accrued under paragraphs (i)-(iv) of this
subclause.
15.2 Employees may
accumulate up to ten days compensatory leave accrued in accordance with
paragraphs (i), (ii), (iii) and (iv) of subclause 15.1 of this clause.
15.3 Employees should
use their compensatory leave in the roster cycle following the roster in which
it was accrued, wherever possible.
15.4 Employees may be
directed by the Centre Manager to take accrued compensatory leave during
seasonal downturns and quiet times.
15.5 Compensatory
leave balances should be reduced to zero at the commencement of each year, or
before a transfer to another Centre or to a position not covered by this award.
16. Accommodation and
Residential Requirements
16.1 Program Officers
who elect to reside in separate housing accommodation, where available, within
a Centre shall pay rent on accommodation as determined by the Executive
Director.
16.2 Program Officers
who elect to reside in separate housing accommodation, where available, within
a Centre shall pay a utilities charge as determined by the Executive Director.
This charge shall be considered payment of the employee’s contribution to the
cost of personal electricity, gas/heating and telephone use.
16.3 Program Officers
who elect to occupy shared accommodation where it is available within a Centre
are not required to pay rent on the days when they are rostered on program
duty. Rent will be paid at all other times in accordance with the Meals &
Accommodation Policy.
17. Staff to Client
Ratios
17.1 The number of
clients to which a Program Officer or Program Officer (Group Leader) shall be required
to supervise in the participation of an outdoor recreation activity shall be
limited to 32 unless the employee is accompanied by another adult or visiting
teacher.
17.2 Assistant Group Leaders
must be accompanied by another Program Officer, Program Officer (Group Leader),
adult or visiting teacher when providing instruction.
18. Protective
Clothing and Equipment
18.1 The Department
will provide permanent and temporary employees employed for periods in excess
of 12 months with the following items:
(i) 1 x pair of
sunglasses (approved by the NSW Cancer Council)
(ii) 1 x sunhat that
provides adequate sun coverage
(iii) Sunscreen
(iv) 1 x sleeping bag
(v) 1 x gortex
raincoat
(vi) 1 x 2-way radio
for use during activities held off-site
All items may be retained by the employee, with the
exception of the two-way radio which must be returned to the Centre when the
employee leaves his/her position.
18.2 Permanent and
temporary employees will be paid a laundry allowance as provided in the Crown
Employees (Public Service Conditions of Employment)Award 2009 or any
replacement award.
18.3 Clothing and
equipment specified under subclause 18.1 of this clause will be purchased in
accordance with NSW Government Procurement Guidelines and where possible, goods
will be Australian Made.
19. Immunisations
19.1 The Department
will offer all permanent and temporary employees who are to be employed for
three months or longer, immunisations against Hepatitis A and Hepatitis B. The Department will fund the cost of the
injections including the post vaccination serology tests.
20. Accreditations
20.1 The Department
will support the continuing first aid and resuscitation accreditation of Program
Officers and will fund the cost of the training and provide paid time for the
employee to achieve this accreditation.
20.2 The Department
may provide support for other accreditations deemed essential for employees at
specific locations. These could
include, but are not limited to, boat licences and bus licences.
21. Professional
Development
21.1 The Department is
committed to the professional development of employees. The Department will
identify the training and development needs of employees and provide
opportunities for skill and professional development. In turn employees will
undertake to professionally develop their skills and knowledge and apply these
to the best of their ability.
22. Transfers Between
Centres
22.1 After two years
of continuous service, an employee may apply for transfer to an advertised
vacancy at another Centre. Such transfers will require the approval of the
Director Commercial Services.
22.2 An employee’s
place of work may be changed by approval of the Director Commercial Services
from one Centre to another on a temporary basis for reasons of skills transfer,
to meet seasonal or unexpected client demand, emergency or at the employee’s
request.
22.3 If a Centre is
closed due to seasonal demand, or is temporarily not providing services for
reasons of emergency, employees may be required to temporarily relocate to
another Centre for up to one roster period with extension by mutual agreement
or, alternatively to take accrued leave.
22.4 Subclauses 22.2
and 22.3 of this clause will be subject to consultation with the employee and
personal circumstances will be taken into account.
22.5 Transfers between
Centres will be in accordance with the provisions of the Act and the guidelines
issues by the Director-General, Department of Premier and Cabinet from time to
time.
23. Variable Year
Employment
23.1 Permanent
employees may choose to take a year’s leave after working for a period of four
(4) years with the Department. This
leave may be unpaid or paid leave.
23.2 Employees may
choose to have regular deductions from their pay for the preceding four years
to allow for the fifth year of employment to be on full or part pay.
23.3 Employees may
take advantage of variable year employment for reasons of family responsibilities,
academic study, travel, or alternative employment.
23.4 Applications for
variable year employment will be submitted to the Director Commercial Services
for approval. The employee will retain
a right of return to their original position.
24. Deduction of
Union Membership Fees
24.1 The Association
will provide the Department with a schedule setting out fortnightly union
membership fees payable by members of the union in accordance with the union’s
rules.
24.2 The Association
will advise the Department of any change to the amount of fortnightly union
membership fees made under its rules. Any variation to the schedule of
fortnightly union membership fees payable will be provided to the Department at
least one month in advance of the variation taking effect.
24.3 Subject to
subclauses 24.1 and 24.2 of this clause, the Department will deduct union
fortnightly membership fees from the pay of any employee who is a member of the
Association in accordance with the Association’s rules, provided that the
employee has authorised the Department to make such deductions.
24.4 These deductions
from a employee’s pay will be forwarded regularly to the Association together
with all necessary information to enable the Association to reconcile and
credit subscriptions to the employee’s union membership accounts.
24.5 Unless the
Department and the Association agree to other arrangements, all union
membership fees will be deducted on a fortnightly basis.
24.6 Where an employee
has already authorised the deduction of union membership fees from his or her
pay before this clause taking effect, nothing in this clause will be read as
requiring the employee to make a fresh authorisation in order for such
deductions to continue.
25. Anti
Discrimination
25.1 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 or
responsibilities as a carer.
25.2 It follows that
in fulfilling their obligations under the Grievance and Dispute Resolution
Procedures 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.
25.3 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.
25.4 Nothing in this
clause is to be taken to affect:
(i) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(ii) offering or providing
junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
25.5 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.
26. Grievance and
Dispute Resolution Procedures
26.1 All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
department, if required.
26.2 An employee is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
26.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the employee to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Department Head or delegate.
26.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
26.5 If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager shall respond within two (2) working days, or as soon as
practicable. The employee may pursue
the sequence of reference to successive levels of management until the matter
is referred to the Department Head.
26.6 The Department
Head may refer the matter to the Director-General, Department of Premier and
Cabinet for consideration.
26.7 If the matter
remains unresolved, the Department Head 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.
26.8 An employee, at
any stage, may request to be represented by the Association.
26.9 The employee or
the Association on their behalf, or the Department Head may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
26.10 The employee, Association,
department and Director-General, Department of Premier and Cabinet shall agree
to be bound by any order or determination by the New South Wales Industrial
Relations Commission in relation to the dispute.
26.11 Whilst the
procedures outlined in subclauses 26.1 to 26.9 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving work health and safety, if practicable, normal work shall
proceed in a manner which avoids any risk to the health and safety of any
employee or member of the public
27. No Extra Claims
The parties to this award undertake that for the period
of this award, they will not pursue any extra claims except those allowed under
section 17(3) of the Industrial Relations Act 1996.
28. Area, Incidence
and Duration
28.1 This award will
apply to all staff employed by the Department who are employed in the
classifications of Program Officer, Program Officer (Group Leader) and
Assistant Group Leader.
28.2 The employees
regulated by this award will be entitled to the conditions of employment as set
out in this award and, except where specifically varied by this award, existing
conditions provided for by the Public Sector Employment and Management Act 2002
and Regulation 2009, the Crown Employees (Public Service Conditions of
Employment) Award 2009 and the Crown Employees (Public Sector - Salaries 2008)
Award or any replacement awards.
28.3 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 30 March 2012.
28.4 Changes made to
this award subsequent to it first being published on 11 July 2008 (366 I.G.
159) have been incorporated into this award as part of the review.
28.5 The award remains
in force until varied or rescinded, the period for which it was made having
already expired.
PART B
Table 1 - Rates of Pay - Program Officers - Permanent
Employees
|
Classification
|
Salary Level
|
Rate of Pay
|
|
|
|
($ per annum)
|
|
|
|
First Pay Period
|
|
|
|
following
|
|
|
|
(FPPF) 1.7.11
|
|
Program Officer
|
Level 1
|
50,020
|
|
|
Level 2
|
51,980
|
|
|
Level 3
|
54,913
|
|
|
Level 4
|
58,838
|
|
|
Level 5
|
60,797
|
|
|
Level 6
|
63,749
|
|
|
Level 7
|
66,683
|
|
|
Level 8
|
69,634
|
|
|
Level 9
|
72,567
|
|
|
Level 10
|
75,517
|
|
|
Level 11
|
78,447
|
|
|
Level 12
|
80,410
|
Table 2 - Rates of Pay - Program Officers - Temporary and
Casual Employees
|
Classification
|
Salary Level
|
Temporary Employees
|
Casual Employees
|
|
|
|
FPPF 1.7.11
|
FPPF 1.7.11
|
|
|
|
(per day)
|
(per day)
|
|
|
|
$
|
$
|
|
Program Officer
|
Level 1
|
192.00
|
215.70
|
|
|
Level 2
|
199.00
|
224.16
|
|
|
Level 3
|
210.00
|
236.81
|
|
|
Level 4
|
226.00
|
253.70
|
|
|
Level 5
|
233.00
|
262.21
|
|
|
Level 6
|
244.00
|
274.88
|
|
|
Level 7
|
256.00
|
287.54
|
|
|
Level 8
|
267.00
|
300.26
|
|
|
Level 9
|
278.00
|
312.91
|
|
|
Level 10
|
289.00
|
325.65
|
|
|
Level 11
|
301.00
|
338.29
|
|
|
Level 12
|
308.00
|
346.73
|
Table 3 - Rates of Pay - Assistant Group Leader &
Program Officer (Group Leader)
|
Classification
|
Salary Level FPPF
1.7.11 (per day)
|
|
|
$
|
|
Assistant Group Leader
|
52.58
|
|
Program Officer (Group Leader)
|
167.63
|
|
|
203.35
|
Table 4 - Allowances
|
Allowance
|
Clause reference
|
Amount FPPF
|
|
|
|
1.7.11
|
|
|
|
$
|
|
Sport and recreation allowance - permanent Program
Officers
|
Subclause 12.1
|
9,806 per annum
|
|
Sport and recreation allowance - temporary Program Officers
|
Subclause 12.2
|
37.59 per day
|
|
Night duty allowance - casual Program Officers
|
Clause 13
|
80.23 per night
|
|
Night Duty allowance - Program Officer (Group Leader)
|
Clause 13
|
38.71 per night
|
SCHEDULE 1
CENTRE AND
ACADEMY LOCATIONS
Berry Sport and Recreation Centre
660 Coolangatta Road
BERRY NSW 2535
Borambola Sport and Recreation Centre
1980 Sturt Highway
WAGGA WAGGA NSW 2650
Broken Bay Sport and Recreation Centre
BROOKLYN NSW 2083
Lake Ainsworth Sport and Recreation Centre
Pacific Parade
LENNOX HEAD NSW 2478
Lake Burrendong Sport and Recreation Centre
Tara Road
MUMBIL NSW 2820
Jindabyne Sport and Recreation Centre
The Barry Way
JINDABYNE NSW 2627
Lake Keepit Sport and Recreation Centre
Fitness Camp Road
GUNNEDAH NSW 2380
Milson Island Sport and Recreation Centre
BROOKLYN NSW 2083
Myuna Bay Sport and Recreation Centre
Main Road
DORA CREEK NSW 2264
Point Wolstoncroft Sport and Recreation Centre
Kanangra Drive
GWANDALAN NSW 2259
Sydney Academy of Sport and Recreation
Wakehurst Parkway
NARRABEEN NSW 2101
Appendix 1
(i) Casual
employees are entitled to unpaid parental leave under Chapter 2, Part 4,
Division 1, section 54, Entitlement to Unpaid Parental Leave, of the Industrial
Relations Act 1996. The following provisions shall also apply in addition
to those set out in the Industrial Relations Act 1996 (NSW).
(a) The Department
Head must not fail to re-engage a regular casual employee (see section 53(2) of
the Industrial Relations Act 1996) because:
(A) the employee or
employee's spouse is pregnant; or
(B) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(ii) Personal
Carers entitlement for casual employees
(a) Casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a family member described in (iii) below who is sick and requires
care and support, or who requires care due to an unexpected emergency, or the
birth of a child. This entitlement is subject to the evidentiary requirements
set out below in (d), and the notice requirements set out in (e).
(b) The Department
Head and the casual employee shall agree on the period for which the employee
will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The
casual employee is not entitled to any payment for the period of
non-attendance.
(c) A Department
Head must not fail to re-engage a casual employee because the employee accessed
the entitlements provided for in this clause.
The rights of an employer to engage or not to engage a casual employee
are otherwise not affected.
(d) The casual
employee shall, if required,
(A) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(B) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
(e) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
(iii) A family
member for the purposes of paragraph (ii) (a) above is:
(a) a spouse of the
employee; or
(b) a de facto spouse
being a person of the opposite sex to the employee who lives with the employee
as her husband or his wife on a bona fide domestic basis although not legally
married to that employee; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or of spouse or of de facto
spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or a relative of the employee who is a member of
the same household, where for the purposes of this definition:-
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(iv) Bereavement
entitlements for casual employees
(a) Casual employees
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence
(if required by the employer).
(b) The Department
Head and the casual employee shall agree on the period for which the employee
will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The
casual employee is not entitled to any payment for the period of
non-attendance.
(c) A Department
Head must not fail to re-engage a casual employee because the employee accessed
the entitlements provided for in this clause.
The rights of an employer to engage or not engage a casual employee are
otherwise not affected.
(d) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the employee will inform the employer
within 24 hours of the absence.
C.G.
STAFF J
____________________
Printed by the
authority of the Industrial Registrar.