Crown Employees (NSW Department of Primary Industries) Geoscientists Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 603 of 2007)

 

 

REVIEWED AWARD

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Definitions

3.         Parties to the Award

4.         Salaries

5.         Progression of Officers

6.         Grievance and Dispute Settling Procedures

7.         Anti-Discrimination

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 (NSW Department of Primary Industries) Geoscientists Award.

 

2.  Definitions

 

(a)        "Association" means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

(b)        “Department” means the NSW Department of Primary Industries, as specified in Schedule 1 of the Public Sector and Employment Management Act 2002.

 

(c)        “Department Head” means the Director-General of the NSW Department of Primary Industries.

 

(d)        “DPE” means the Director of Public Employment, as established under the Public Sector Employment and Management Act 2002

 

(e)        "Geoscientist" means an officer who has obtained an Earth Science degree or equivalent requiring a minimum of three years full-time study at a recognised university or tertiary institution, with a major in a Geoscience discipline.

 

(f)         "Officer" means and includes all persons permanently or temporarily employed under the provisions of the Public Sector Employment and Management Act 2002 who are appointed to positions classified under this award in the Department of Mineral Resources.

 

(g)        "Service" means continuous service.

 

3.  Parties to the Award

 

The parties to this award are the DPE and the Association.

 

4.  Salaries

 

The rates of salary shall be paid to officers appointed to the positions specified as set out in Table 1 - Salaries, of Part B, Monetary Rates.

 

5.  Progression of Officers

 

Progression of officers from Grade I to Grade II in this award will be subject to:

 

(a)        completion of 12 months satisfactory service on the maximum salary for Grade I; and

 

(b)        the officer having demonstrated a capacity to undertake geo-scientific investigations involving a degree of originality and independence or to perform work of an equivalent importance or value.

 

The promotion of officers beyond Geoscientist Grade II will be subject to the occurrence of a vacancy and merit selection.

 

6.  Grievance and Dispute Settling Procedures

 

(a)        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.

 

(b)        An officer 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 officer 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.

 

(d)        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.

 

(e)        If the matter remains unresolved with the immediate manager, the officer 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 officer may pursue the sequence of reference to successive levels of management until the matter is referred to the Department Head.

 

(f)         The Department Head may refer the matter to the DPE for consideration.

 

(g)        If the matter remains unresolved, the Department Head shall provide a written response to the officer 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 officer, at any stage, may request to be represented by the Association.

 

(i)         The officer 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.

 

(j)         The officer, Association, Department and DPE shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

(k)        Whilst the procedures outlined in subclauses (a) to (j) 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 occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any officer or member of the public.

 

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 and 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 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".

 

8.  Area, Incidence and Duration

 

(a)        This award shall apply to all the officers employed by the NSW Department of Primary Industries as defined in clause 2, Definitions, of this Award.

 

(b)        Officers are entitled to the conditions of employment provided by this Award and by the provisions in the following:

 

Public Sector Employment and Management Act 2002;

 

Public Sector Employment and Management Regulation 1996;

 

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006;

 

Crown Employees (Public Sector - Salaries 2007) Award; or

 

any replacement award, except where specifically varied by this award.

 

(c)        This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Crown Employees (Geoscientists - Department of Mineral Resources) Award published 21 January 2005 (348 I.G. 15) and all variations thereof.

 

(d)        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 the New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 31 July 2007.

 

(e)        This 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

 

The salaries set out below, shall apply from the beginning of the first pay period on or after 1 July 2007, in accordance with the provisions of the Crown Employees (Public Sector - Salaries 2007) Award be paid to officers appointed to the positions specified.

 

 

 

 

R. W. HARRISON D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.