CROWN EMPLOYEES (TECHNICAL OFFICERS - TREASURY) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1837 of 2004)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Title

2.         Definitions

3.         Salaries

4.         Salary Packaging Arrangements

4a.       Salary Sacrifice to Superannuation

5.         Dispute Resolution Procedure

6.         Anti-Discrimination

7.         Savings of Rights

8.         Area, Incidence and Duration

 

PART B

 

Monetary Rates

 

Table 1 - Salaries

 

PART A

 

1.  Title

 

This award shall be known as the Crown Employees (Technical Officers - Treasury) Award.

 

2.  Definitions

 

"Act" shall mean the Public Sector Employment and Management Act 2002.

 

"Award" shall mean the Crown Employees (Technical Officers - Treasury) Award.

 

"Association" shall mean the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

"Officer" means and includes all persons permanently or temporarily employed under the provisions of the Public Sector Employment and Management Act 2002, or other appropriate Acts, and who, as at the operative date of this award, were occupying one of the positions covered by this award or who, after that date, are appointed to or employed in one such position.

 

"Public Employment Office" or "PEO" means the Public Employment Office established under Division 2A of the Public Sector Employment and Management Act 2002.

 

"Treasury", "Office of Financial Management" or "OFM" refers to the Office of Financial Management, New South Wales Treasury.

 

3.  Salaries

 

(i)         All officers shall be paid in accordance with the salary structure set out in Table 1 - Salaries, of Part B, Monetary Rates.

 

(ii)        Work value alone is not sufficient to have a position classified and graded as a Grade 1 or Grade 2 Technical Officer - Treasury. Other factors must also be satisfied such as skill shortage, specialist skills and use on the job of higher level competencies.

 

(ii)        Pay movements within each grade will be based on a pre-defined matrix comprised of competency, performance, market relationship and degree of speciality.

 

(iv)       Progression is not incremental in nature.

 

4.  Salary Packaging Arrangements

 

(i)         By mutual agreement with the Treasury and PEO, an officer may, from time to time, elect to receive:

 

(a)        a benefit or benefits selected from those approved from time to time by the PEO; and

 

(b)        a salary equal to the difference between the salary prescribed for the officer by Clause 3, Salaries, of this Award, and the amount specified by the PEO from time to time for the benefit provided to or in respect of the officer in accordance with such agreement.

 

(ii)        The agreement shall be recorded in writing and shall be known as a Salary Packaging Agreement. The employee shall be provided with a copy of the signed agreement.

 

(iii)       A Salary Packaging Agreement shall be for a period of up to 24 months, unless a different period is mutually agreed between the officer and the Treasury at the time of signing the Salary Packaging Agreement.

 

(iv)       The PEO may vary the range and type of benefits available from time to time at its absolute discretion. Such variations shall apply to any existing or future Salary Packaging Agreement from the date of such variation.

 

(v)        The PEO will determine from time to time the value of the benefits provided following discussion with the Association. Such variations shall apply to any existing or future Salary Packaging Agreement from the date of such variation. In this circumstance, the officer may elect to terminate the Salary Packaging Agreement immediately.

 

(vi)       Any allowance, penalty, payment for unused leave entitlements, weekly workers’ compensation or other payment, other than any payments for leave taken in service, to which an officer is entitled under this Award or any applicable Award, Act or Statute which is expressed to be determined by reference to an officer’s salary, shall be calculated by reference to the salary which would have applied to the officer under Clause 3, Salaries, of this Award, in the absence of the Salary Packaging Agreement made under this clause.

 

(vii)      Further to the salary packaging outlined in Premiers Department Circular No. 2002 - 61 Salary Packaging For Non-SES Employees, the PEO has approved salary packaging of the private use component of motor vehicles subject to the benefit’s monetary value being determined in accordance with the methodology applicable to Senior Executive Service officers under the Public Sector Employment and Management Act 2002.

 

4a.  Salary Sacrifice to Superannuation

 

(i)         Notwithstanding the salaries prescribed by Clause 3, Salaries, of this Award, an employee may elect, subject to the agreement of Treasury, to sacrifice a portion of the salary payable under the said Clause 3 to additional employer superannuation contributions.  Such election must be made prior to the commencement of the period of service to which the earnings relate.  The amount sacrificed, together with any other salary packaging arrangement under clause 4 of this award, must not exceed fifty (50) per cent of the salary payable under clause 3 or fifty (50) per cent of the currently applicable superannuable salary, whichever is the lesser.  In this clause, "superannuable salary" means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

(ii)        Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:

 

(a)        subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYE taxation deductions by the amount of that sacrificed portion; and

 

(b)        any allowance, penalty rate, payment for unused leave entitlements, weekly workers’ compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this award or any applicable Award, Act or Statute which is expressed to be determined by reference to the salary which would have been applied to the employee under Clause 3, Salaries, of this Award, in the absence of any salary sacrifice to superannuation made under this award.

 

(iii)       The employee may elect to have the portion of payable salary which is sacrificed to additional employer superannuation contributions:

 

(a)        paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

 

(b)        subject to Treasury’s agreement, paid into a private sector complying superannuation scheme as employer contributions.

 

(iv)       Where an employee elects to salary sacrifice to superannuation in terms of this clause, Treasury will pay the sacrificed amount into the relevant superannuation fund.

 

(v)        Where the employee is a member of a superannuation scheme established under:

 

(a)        the Police Regulation (Superannuation) Act 1906;

 

(b)        the Superannuation Act 1916;

 

(c)        the State Authorities Superannuation Act 1987;

 

(d)        the State Authorities Non-Contributory Superannuation Act 1987; or

 

(e)        the First State Superannuation Act 1992,

 

The Treasury will ensure that the amount of any additional superannuation contributions specified in subclause (viii) above is included in the employee’s superable salary which is notified to the New South Wales public sector superannuation trustee corporations.

 

(vi)       Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with Treasury to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause (xii) above, Treasury will continue to base contributions to that fund on the salary payable under Clause 3, Salaries, of this Award, to the same extent as applied before the employee sacrificed portion of that salary to superannuation. This clause applies even though the superannuation contributions made by Treasury may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

 

5.  Dispute Resolution Procedure

 

(i)         All disputes or difficulties relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the appropriate Department, if required.

 

(ii)        An officer is required to notify (in writing or otherwise) their Director as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter and, if possible, state the remedy sought.

 

(iii)       Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes it impractical for the staff member to advise their immediate manager, the notification may occur to the next appropriate level of management, including, where required, to the appropriate Department Head or Delegate.

 

(iv)       The Director shall convene a meeting in order to resolve the grievance, dispute or difficulty within two days, or as soon as practicable, of the matter being brought to attention.

 

(v)        If the matter remains unresolved with the Director, the officer may request to meet the appropriate Executive Director in order to resolve the matter. This manager shall respond within 2 days, or as soon as practicable. This sequence of reference to successive levels of management may be pursued by the member of staff until the matter is referred to the Secretary, NSW Treasury.

 

(vi)       The Secretary, NSW Treasury may refer the matter to the PEO for consideration.

 

(vii)      In the event that the matter remains unresolved, the Secretary, NSW Treasury shall provide a written response to the member of staff and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reasons for not taking action, in relation to the matter.

 

(viii)     An officer may request to be represented by an Association representative.

 

(xi)       The officer or Association on their behalf, or the Secretary, NSW Treasury may refer the matter to the Industrial Relations Commission of New South Wales if the matter is unresolved following the use of these procedures.

 

(x)        The officer, Association, Treasury and PEO shall agree to be bound by any lawful recommendation, order or determination by the Industrial Relations Commission of New South Wales in relation to the grievance, dispute or difficulty.

 

(xi)       Whilst the procedures are being followed, normal work undertaken prior to notification of the grievance or dispute shall continue unless otherwise agreed between the parties, or in the case of a dispute involving Occupational Health and Safety. If practicable, normal work shall proceed in such a manner as to avoid any risk to the health and safety of any officer or member of the public.

 

6.  Anti-Discrimination

 

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

 

(ii)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

"Nothing in this 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."

 

7.  Savings of Rights

 

Should there be a variation to the Crown Employees (Public Sector Salaries - January 2002) Award or an Award replacing that Award, the Technical Officers covered by this Award will maintain the same salary relationship to the rest of the public service. Any such salary increase will be reflected in this Award either by variation to it, or by the making of a new Award.

 

8.  Area, Incidence and Duration

 

This Award shall apply to all staff employed as Technical Officers in the Office of Financial Management, New South Wales Treasury.

 

Technical Officers are entitled to the conditions of employment provided by this Award and the Public Sector Employment and Management Act 2002, the Public Sector Management (General) Regulation 1996. The provisions of the Crown Employees (Public Service Conditions of Employment 2002) Award and the Crown Employees (Public Sector Salaries - January 2002) Award or any replacement award, also apply to officers covered by this Award, except where specifically varied by this Award

 

The salaries rates in Table 1 - Salaries, of Part B, Monetary Rates, are set in accordance with the Crown Employees (Public Sector Salaries - January 2002) Award and any variation or replacement Award.

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Crown Employees (Technical Officers - Treasury) Award published 14 September 2001 (327 I.G. 910) and all variations thereof.

 

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 IG 359) take effect on and from 22 June 2004.

 

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

 

PART B

 

MONETARY RATES

 

Table 1 -Salaries

 

Classification	Per Annum Defined	Per Annum Defined	Per Annum Defined	Per Annum Defined
	Salary Points	Salary Points	Salary Points	Salary Points full pay
	(effective from first	(effective from first	(effective from first	(effective from first
	full pay period after	full pay period after	full pay period after	full pay period after
	1 January 2001	1 January 2002	1 January 2003	1 July2003
Technical Officers
Treasury, Grade 1	85,438	88,001	91,521	96,097
	89,248	91,925	95,602	100,383
	93,182	95,977	99,817	104,807
	97,056	99,968	103,967	109,165
Technical Officers	98,634	101,593	105,657	110,940
Treasury, Grade 2
	102,571	105,648	109,874	115,368

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.