CROWN EMPLOYEES (PUBLIC SERVICE CONDITIONS OF EMPLOYMENT) AWARD 2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Employment Office.
(No. IRC 3979 of 2003)
|
Before Commissioner
Ritchie
|
1 August 2003
|
VARIATION
1. Delete
subclause (c) of clause 11, Working Hours, of the award published 21 March 2003
(338 I.G. 837) and insert in lieu thereof the following:
11. Working Hours
(c) The Department
Head may require a staff member to perform duty beyond the hours determined
under subclause (a) of this clause but only if it is reasonable for the staff
member to be required to do so. A staff
member may refuse to work additional hours in circumstances where the working
of such hours would result in the staff member working unreasonable hours. In determining what is unreasonable the
following factors shall be taken into account:
(1) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements;
(2) any risk to
staff member health and safety;
(3) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services;
(4) the notice (if
any) given by the Department Head regarding the working of the additional
hours, and by the staff member of their intention to refuse the working of
additional hours; or
(5) any other
relevant matter.
2. Delete clause
55 and insert in lieu thereof the following:
55. Review of
Allowances Payable in terms of this Award
Adjustment of Allowances - Allowances contained in this
award shall be reviewed as follows:
(a) Allowances
listed in this subclause will be determined at a level consistent with the
reasonable allowances amounts for the appropriate income year as published by
the Australian Taxation Office (ATO).
(1) clause 28,
Meal Expenses on One Day Journeys;
(2) clause 29,
Travelling Allowances when Staying in Non Government Accommodation;
(3) clause 30,
Travelling Allowances when Staying in Government Accommodation;
(4) clause 98,
Overtime Meal Allowances for breakfast, lunch and dinner.
(b) Allowances
payable in terms of clauses listed in this subclause shall be adjusted on 1
July each year in line with the increases in the Consumer Price Index for
Sydney during the preceding year (March quarter figures):
(1) clause 35,
Camping Allowances;
(2) clause 36, Composite
Allowance;
(3) clause 37,
Allowances Payable for Use of Private Motor Vehicle;
(4) clause 39,
Camping Equipment Allowance;
(5) clause 40,
Allowance for Living in a Remote Area;
(6) clause 41,
Assistance to Staff Members Stationed in a Remote Area when Travelling on
Recreation Leave;
(7) clause 44,
Room at Home Used as Office;
(8) clause 49,
Payment of Laundry Allowance;
(9) clause 51,
Garage and Carport Allowance; and
(10) clause 98,
Overtime Meal Allowances for supper.
(c) Allowances
payable in terms of clauses listed in this paragraph shall continue to be
subject to a percentage increase under an award, agreement or determination and
shall be adjusted on and from the date or pay period the percentage increase
takes effect:
(1) clause 46, On
Call Allowance;
(2) clause 47,
Flying Allowance;
(3) clause 53,
Community Language Allowance Scheme;
(4) clause 54,
First Aid Allowance.
3. Delete
subclause (a) of clause 92, Overtime - General, and insert in lieu thereof the
following:
92. Overtime -
General
(a) A staff member
may be directed by the Department Head to work overtime, provided it is
reasonable for the staff member to be required to do so. A staff member may refuse to work overtime
in circumstances where the working of such overtime would result in the staff
member working unreasonable hours. In
determining what is unreasonable, the following factors shall be taken into
account:
(1) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements;
(2) any risk to
staff member health and safety;
(3) the urgency of
the work required to be performed during overtime, the impact on the operational
commitments of the organisation and the effect on client services;
(4) the notice (if
any) given by the Department Head regarding the working of the overtime, and by
the staff member of their intention to refuse overtime; or
(5) any other relevant
matter.
4. Delete Table
1 - Allowances of Part B, Monetary Rates, and insert in lieu thereof the
following:
Table 1 - Allowances
|
Item No
|
Clause No
|
Description
|
Amount
|
|
1
|
|
Meal Expenses on One Day Journeys
|
|
|
|
|
Capital cities and high cost
country centres:
|
|
|
|
|
(see list in item 2)
|
|
|
|
28(1)
|
Breakfast
|
$17.70
|
|
|
28(2)
|
Dinner
|
$34.05
|
|
|
28(3)
|
Lunch
|
$19.75
|
|
|
|
Tier 2 and other country centres:
|
|
|
|
|
(see list in item 2)
|
|
|
|
28(1)
|
Breakfast
|
$15.75
|
|
|
28(2)
|
Dinner
|
$31.15
|
|
|
28(3)
|
Lunch
|
$18.05
|
|
|
|
Travelling Allowances when Staying
in
|
|
|
2
|
29(2)(a)
|
Non Government Accommodation
|
|
|
|
|
Capital cities:
|
Per day
|
|
|
|
Adelaide
|
$207.35
|
|
|
|
Brisbane
|
$201.35
|
|
|
|
Canberra
|
$185.35
|
|
|
|
Darwin
|
$202.35
|
|
|
|
Hobart
|
$189.35
|
|
|
|
Melbourne
|
$235.35
|
|
|
|
Perth
|
$202.35
|
|
|
|
Sydney
|
$238.35
|
|
|
29(2)(a)
|
High cost country centres:
|
Per day
|
|
|
|
Alice Springs (NT)
|
$170.35
|
|
|
|
Broome (WA)
|
$201.35
|
|
|
|
Christmas Island
|
$185.35
|
|
|
|
Cocos (Keeling) Islands
|
$185.35
|
|
|
|
Dampier (WA)
|
$176.35
|
|
|
|
Devonport (Tas)
|
$173.35
|
|
|
|
Exmouth (WA)
|
$177.35
|
|
|
|
Gold Coast (Qld)
|
$187.35
|
|
|
|
Horn Island
|
$193.35
|
|
|
|
Jabiru (NT)
|
$255.35
|
|
|
|
Kalgoorlie (WA)
|
$171.35
|
|
|
|
Karratha (WA)
|
$231.35
|
|
|
|
Kununurra (WA)
|
$183.35
|
|
|
|
Launceston (Tas)
|
$169.35
|
|
|
|
Newcastle (NSW)
|
$172.35
|
|
|
|
Newman (WA)
|
$198.85
|
|
|
|
Nhulunbuy (SA)
|
$206.35
|
|
|
|
Norfolk Island
|
$184.35
|
|
|
|
Northam (WA)
|
$170.35
|
|
|
|
Paraburdoo (WA)
|
$202.35
|
|
|
|
Pt Hedland (WA)
|
$194.35
|
|
|
|
Thursday Island
|
$215.35
|
|
|
|
Tom Price (WA)
|
$175.35
|
|
|
|
Weipa (Qld)
|
$200.35
|
|
|
|
Wilpena (SA)
|
$180.35
|
|
|
|
Wollongong (NSW)
|
$170.35
|
|
|
|
Yulara (NT)
|
$446.85
|
|
|
29(2)(a)
|
Tier 2 country centres:
|
Per day
|
|
|
|
Bathurst (NSW)
|
$157.80
|
|
|
|
Bendigo (Vic)
|
$157.80
|
|
|
|
Burnie (Tas)
|
$157.80
|
|
|
|
Cairns (Qld)
|
$157.80
|
|
|
|
Gosford (NSW)
|
$157.80
|
|
|
|
Geraldton (WA)
|
$157.80
|
|
|
|
Halls Creek (WA)
|
$157.80
|
|
|
|
Maitland (NSW)
|
$157.80
|
|
|
|
Marla (SA)
|
$157.80
|
|
|
|
Orange (NSW)
|
$157.80
|
|
|
|
Wagga Wagga (NSW)
|
$157.80
|
|
|
|
Wyndham (WA)
|
$157.80
|
|
|
29(2)(a)
|
Other country centres
|
Per day
|
|
|
|
|
$145.80
|
|
|
29(2)(b)
|
Incidental expenses when claiming
actual expenses
|
|
|
|
|
- all locations
|
$13.85
|
|
|
29(5)
|
Daily allowance payable after 35
days and up to 6
|
50% of the
|
|
|
|
months in the same location – all
locations
|
appropriate
|
|
|
|
|
location rate
|
|
3
|
30
|
Government Accommodation -
Incidental Expenses
|
Per day
|
|
|
|
|
$13.85
|
|
4
|
35(b)
|
Camping Allowance
|
Per night
|
|
|
|
Established camp
|
$23.05
|
|
|
|
Non-established camp
|
$30.50
|
|
|
|
Additional allowance for staff who
camp in excess of
|
|
|
|
|
40 nights per year
|
$7.30
|
|
5
|
36(b)
|
Composite Allowance
|
Per day
|
|
|
|
|
$109.95
|
|
6
|
37(d)
|
Use of Private Motor Vehicle
|
Cents per kilometre
|
|
|
|
Official business:
|
|
|
|
|
Engine capacity -
|
|
|
|
|
over 2700cc
|
75.9
|
|
|
|
1600cc to 2700cc
|
70.6
|
|
|
|
under 1600cc
|
50.6
|
|
|
|
Casual rate:
|
|
|
|
|
Engine capacity -
|
|
|
|
|
Over 2700cc
|
27.0
|
|
|
|
1600cc-2700cc
|
25.0
|
|
|
|
under 1600cc
|
21.1
|
|
|
|
Motor cycle allowance:
|
|
|
|
|
Normal business
|
33.3
|
|
|
|
During transport disruptions
|
16.7
|
|
|
|
Towing trailer or horse float
|
9.8
|
|
|
|
Transport allowance:
|
|
|
|
|
Engine capacity -
|
|
|
|
|
Over 1600cc
|
32.3
|
|
|
|
1600cc and under
|
27.1
|
|
7
|
|
Camping Equipment Allowance
|
Per night
|
|
|
39(b)
|
Camping equipment allowance
|
$22.75
|
|
|
39(c)
|
Bedding and sleeping bag
|
$3.80
|
|
8
|
|
Remote Areas Allowance
|
Per annum
|
|
|
|
With dependents:
|
|
|
|
40(b)(1)
|
Grade A
|
$1,460
|
|
|
40(b)(2)
|
Grade B
|
$1,936
|
|
|
40(b)(3)
|
Grade C
|
$2,585
|
|
|
|
Without dependents:
|
|
|
|
40(b)(1)
|
Grade A
|
$1,018
|
|
|
40(b)(2)
|
Grade B
|
$1,358
|
|
|
40(b)(3)
|
Grade C
|
$1,811
|
|
9
|
41
|
Assistance to Staff Members
Stationed in a Remote
|
|
|
|
|
Area when Travelling on Recreation
Leave
|
|
|
|
|
By private motor vehicle
|
Appropriate casual
|
|
|
|
|
rate up to a
|
|
|
|
|
maximum of 2850
|
|
|
|
|
kms less $36.00
|
|
|
|
Other transport - with dependents
|
Actual reasonable
|
|
|
|
|
expenses in excess
|
|
|
|
|
of $36.00 and up to
|
|
|
|
|
$241.00
|
|
|
|
Other transport - without
dependents
|
Actual reasonable
|
|
|
|
|
expenses in excess
|
|
|
|
|
of $36.00 and up to
|
|
|
|
|
$119.00
|
|
|
|
Rail travel
|
Actual rail fare less
|
|
|
|
|
$36.00
|
|
10
|
42
|
Insurance Cover
|
Up to $A 1,173.00
|
|
11
|
43
|
Exchanges
|
Actual cost
|
|
12
|
44(a)
|
Room at Home Used as Office
|
Per annum
|
|
|
|
|
$665.00
|
|
13
|
46(a)
|
On Call Allowance
|
Per hour
|
|
|
|
|
0.62
|
|
14
|
47
|
Flying Allowance
|
Per hour
|
|
|
|
|
$13.30
|
|
15
|
49(a)
|
Laundry Allowance
|
Per week
|
|
|
|
|
$3.50
|
|
16
|
51(a)
|
Garage and Carport Allowance
|
Per annum
|
|
|
|
Garage allowance
|
$471.00
|
|
|
|
Carport allowance
|
$105.00
|
|
17
|
53
|
Community Language Allowance
Scheme
|
Per annum
|
|
|
|
Base level rate
|
$886.00
|
|
|
|
Higher level rate
|
$1,330.00
|
|
18
|
54(a)
|
First Aid Allowance
|
Per annum
|
|
|
|
Holders of basic qualifications
|
$568.00
|
|
|
|
Holders of current occupational
first aid certificate
|
$856.00
|
|
19
|
98(a)
|
Overtime Meal Allowances
|
|
|
|
|
Breakfast
|
$19.75
|
|
|
|
Lunch
|
$19.75
|
|
|
|
Dinner
|
$19.75
|
|
|
|
Supper
|
$7.95
|
5. This
variation shall take effect on 18 July 2003, except for the allowances in
clause 55, Review of Allowances Payable in terms of this Award. Subclauses (a) and (b) of the said clause 55
shall take effect from 1 July 2003 and subclause (c) of the said clause 55
shall take effect from 4 July 2003.
D. W. RITCHIE, Commissioner.
____________________
Printed by the
authority of the Industrial Registrar.