Crown Employees (Research Scientists) Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

(Case No. 179088 of 2021)

 

AWARD REPRINT

 

This reprint of the consolidated award is published under the authority of the Industrial Registrar pursuant to section 390 of the Industrial Relations Act 1996, and under clause 6.6 of the Industrial Relations Commission Rules 2022.

 

I certify that the form of this reprint, incorporating the variations set out in the schedule, is correct as at the latest date of effect therein mentioned.

 

M. WELCH,  Industrial Registrar

 

Schedule of Variations Incorporated

 

 

Arrangement

 

PART A

 

Clause No.        Subject Matter

 

1.         Title

2.         Definitions

3.         Classification as a Research Scientist

4.         Salaries

5.         Increments and Progression

6.         Calculation of Service

7.         Anti-Discrimination

8.         Grievance and Dispute Settling Procedures

9.         Relationship to Other Awards

10.      No Extra Claims

11.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table.  1 - Salaries

 

1.  Title

 

This Award shall be known as the Crown Employees (Research Scientists) Award 2007.

 

2.  Definitions

 

"Agency" means a Public Service Agency as listed in Schedule 1 of the Government Sector Employment Act 2013.

 

"Agency head" means a person who is the Secretary of a Department or the head of another Public Service agency listed in Schedule 1 of the Government Sector Employment Act 2013.

 

"Association" means the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

 

"Committee" means the Research Scientist Classification Committee convened by the NSW Chief Scientist and Engineer.

 

"Industrial Relations Secretary" means the person, within the meaning of the Government Sector Employment Act 2013, who is for the purposes of any proceedings relating to Public Service employees held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of Public Service employees.

 

"Employee" means all persons employed in an ongoing, term or temporary basis subject to Part 4 of the Government Sector Employment Act 2013.

 

"Guidelines" means the ‘Research Scientist Classification Policy and Guidelines’ issued from time to time by the NSW Chief Scientist and Engineer.

 

"NSW Chief Scientist and Engineer" is as defined in the Government Sector Employment Act 2013.

 

"Service" means continuous service worked within the classification as set out in this Award.

 

3.  Classification as a Research Scientist

 

(a)       The NSW Chief Scientist and Engineer on recommendation of the Committee, approves the classification of public sector employees as Research Scientists under this Award.

 

(b)       The Committee makes recommendations regarding the entry to, continuation in, progression and regression in, and cessation from the levels within the Research Scientists classification, namely Research Scientist, Senior Research Scientist, Principal Research Scientist or Senior Principal Research Scientist.

 

(c)       The Committee makes these recommendations in accordance with the criteria contained in the Guidelines.

 

4.  Salaries

 

(a)       This award is listed in Schedule A of the Crown Employees (Public Sector - Salaries 2021) Award and salaries payable to employees will be in accordance with that award or any award replacing it. The salary rates for the levels of Research Scientist, Senior Research Scientist, Principal Research Scientist and Senior Principal Research Scientist set out in Table 1 of Part B, Monetary Rates, of this Award are subject to the rates as set by the Crown Employees (Public Sector - Salaries 2021) Award or any award replacing it.

 

(b)       An employee temporarily employed under the provisions of Part 4 of the Government Sector Employment Act 2013 is paid the weekly equivalent of the annual salary prescribed in Table 1 - Salaries.

 

(c)       The salaries of employees covered by this Award are adjusted to the appropriate rate prescribed by this Award on the basis of years of service.  Employees are deemed to have the years of service indicated by the salary received under the scale in force immediately prior to the operative date of this Award.

 

5.  Increments and Progression

 

(a)       In accordance with clause 14, Increments of Part 2, Government Sector Employment Regulation 2014, the payment of an increment is subject to the satisfactory conduct of, and the satisfactory performance of duties by, the employee as determined by the appropriate agency head.

 

(b)       Progression beyond efficiency barriers, and to the levels of Senior Research Scientist, Principal Research Scientist and to Senior Principal Research Scientist is approved by the NSW Chief Scientist and Engineer on recommendation by the Committee in accordance with the Guidelines.

 

6.  Calculation of Service

 

In calculating years of service for the purpose of this Award, the following periods are not taken into account:

 

(a)       Any period where an increment is refused in accordance with clause 14, Increments, of Part 2, Government Sector Employment Regulation 2014.

 

(b)       Any leave of absence without pay exceeding five days in any incremental year;

 

(c)       Any period necessary to give full effect to a reduction in salary imposed under sections 68 and 69 of Part 5, of the Government Sector Employment Act 2013.

 

7.  Anti-Discrimination

 

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

 

(2)       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.

 

(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.

 

(4)       Nothing in this clause is to be taken to affect:

 

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

 

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

 

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

 

(d)       a party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(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.

 

NOTES -

 

(a)       Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)       Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

 

 

8.  Grievance and Dispute Settling Procedures

 

(a)       All grievances and disputes relating to the provisions of this Award will 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 agency, if required.

 

(b)       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.

 

(c)       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 will occur to the next appropriate level of management, including, where required, to the agency head or Delegate.

 

(d)       The immediate manager, or other appropriate officer, will 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.

 

(e)       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 will respond within two 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 agency head.

 

(f)       The agency head may refer the matter to the Industrial Relations Secretary, for consideration.

 

(g)       If the matter remains unresolved, the agency head will 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.

 

(h)       An employee, at any stage, may request to be represented by the Association.

 

(i)        The employee or the Association on their behalf, or the agency head may refer the matter to the Industrial Relations Commission of New South Wales if the matter is unresolved following the use of these procedures.

 

(j)        The employee, Association, agency and Industrial Relations Secretary will agree to be bound by any order or determination by the Industrial Relations Commission of New South Wales in relation to the dispute.

 

(k)       While the procedures outlined in subclauses (a) to (k) of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty will continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work will proceed in a manner which avoids any risk to the health and safety of any employee or member of the public.

 

9.  Relationship to Other Awards

 

Employees are entitled to the conditions of employment provided by this Award, the Government Sector Employment Act 2013, and the Government Sector Employment Regulation 2014. The provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and Crown Employees (Public Sector - Salaries2021) Award or any replacement award, also apply to employees covered by this Award, except where specifically varied by this Award or some other award.

 

10.  No Extra Claims

 

The no extra claims clause (clause 8) contained in the Crown Employees (Public Sector - Salaries2021) Award will apply to employees covered by this award.

 

11.  Area, Incidence and Duration

 

(a)       This Award applies to employees defined in clause 2, Definitions.

 

(b)       This award is made following a variation under section 17 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Research Scientists) Award 2007 published 3 December 2021 (391 I.G. 258), as varied.

 

Part.  B

 

MONETARY.  RATES

 

Table 1 - Salaries

 

Salaries for classifications covered by this Award are adjusted by the Crown Employees (Public Sector - Salaries 2024) Award (or its replacement) and are found in the salary tables attached to that award

 

Classification Levels	Rates of pay as at the first full pay period on or after 1.7.23	Rates of pay as at the first full pay period on or after 1.7.24	Rates of pay as at the first full pay period on or after 1.7.25	Rates of pay as at the first full pay period on or after 1.7.26
	Per annum	Per annum	Per annum	Per annum
	4%	4%	3%	3%
	$	$	$	$
Research Scientist -
1st year of service	103,863	108,018	111,259	114,597
2nd year of service	109,194	113,562	116,969	120,478
3rd year of service	114,937	119,534	123,120	126,814
4th year of service	119,699	124,487	128,222	132,069
Efficiency Barrier
5th year of service	125,521	130,542	134,458	138,492
6th year of service	130,616	135,841	139,916	144,113
7th year of service	135,775	141,206	145,442	149,805
Senior Research Scientist -
1st year of service	138,427	143,964	148,283	152,731
2nd year of service	142,579	148,282	152,730	157,312
3rd year of service	146,966	152,845	157,430	162,153
Efficiency Barrier
4th year of service	151,509	157,569	162,296	167,165
5th year of service	156,464	162,723	167,605	172,633

 

Principal Research Scientist -
1st year of service	161,663	168,130	173,174	178,369
2nd year of service	165,361	171,975	177,134	182,448
3rd year of service	169,560	176,342	181,632	187,081
Senior Principal Research Scientist -
1st year of service	181,784	189,055	194,727	200,569
2nd year of service	195,007	202,807	208,891	215,158
Efficiency Barrier
3rd year of service	211,623	220,088	226,691	233,492

 

 

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Printed by the authority of the Industrial Registrar.