Sydney
Catchment Authority Consolidated Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Correction to Serial
C7064 published 28 August 2009
(368 I.G. 1679)
(Nos. IRC 1713 of 2008 and
671 of 2009)
CORRECTION
1. For instruction
3 substitute the following:
3. Insert after "SCHEDULE 4", in the
Arrangement, the following new item:
APPENDIX 1
and insert after SCHEDULE 4, at the end of the award, the following new Appendix 1:
APPENDIX 1
SYDNEY CATCHMENT AUTHORITY
MEMORANDUM OF UNDERSTANDING
May 2009
1. Objectives
This Memorandum of Understanding (Memorandum) between
the Sydney Catchment Authority, Association of Professional Engineers,
Scientists and Managers Australia (APESMA) and the Australian Services Union
(ASU) sets out the understanding and agreement of the parties in relation to
wages and conditions outcomes for employees covered by the Sydney Catchment
Authority Consolidated Award for the period 1 December 2008 to 30 June 2011.
The parties agree that the change of conditions and
agency improvement initiatives outlined in this Memorandum underpin the
agreement regarding the quantum of wage increases (above 2.5%) for the period
covered by this Memorandum.
The Parties agree that this Memorandum will be
implemented by:
• The making of a
new award, to be known as the Sydney Catchment Authority Consolidated Award
2008
• variation to
the Consolidated Award, with necessary amendments to, or addition of clauses,
as required to give effect to the intent of this Memorandum, and
• variation to
relevant procedures
The parties will make consent applications for a new
award as soon as practicable after signing of this Memorandum and the award
will remain in force until 30 June 2011.
Unless specified otherwise in this MoU the parties agree that the
changes to the Award will be finalised by consent application during the life
of the Award. The parties agree that
award matters in the MoU will be addressed through amendment to the award and
that policy matters will be addressed by changes to policy.
This Memorandum of Understanding is designed to provide
both parties with certainty of outcomes for the period of the Memorandum.
2. Definitions
For the purpose of this Memorandum of Understanding the following
definitions apply:
"the Unions" means the ASU and APESMA;
"the Award" means the Sydney Catchment
Authority (SCA) Consolidated Award 2008
"the Commission" means the Industrial
Relations Commission of New South Wales;
"the Government" means the NSW Government:
"employee" means an employee covered by the
Sydney Catchment Authority Consolidated Award 2008
"the parties" means the ASU & APESMA and
the SCA
3. New Award
The parties will make consent application for a new
award, incorporating those elements of this agreement to be included in the
award, where applicable and specified.
The parties agree to progress work to rewrite the SCA
Award during the life of the Award modernise and streamline conditions and
remove obsolete clauses to ensure that a final version is endorsed and provided
to the Industrial Relations Commission during this period.
4. Wages Agreement
Sydney Catchment Authority Consolidated Award 2008
The term of this award shall be for three years from 1
December 2008 until 30 June 2011 and will provide for:
4% increase in salaries from the first pay on or after
1 July 2008
4% increase in salaries from the first pay on or after
1 July 2009
4% increase in salaries from the first pay on or after
1 July 2010
The increases referred to above and set out in
attachment A, insofar as they apply from the first pay period on or after 1
July 2008, shall be paid to those employees who are employed as at the date of
making the award.
Any wage related allowances will be adjusted in line
with the increases to the rates of pay.
The Parties agree that the above wage increases and
back dating to the first pay in July 2008 reflect a 2.5% salary increase and a
1.5% increase in recognition of employee related cost savings and in
recognition of no extra claims throughout the life of the Award.
5. Conditions
Agreement
5.1 Managing Excess
Employees
The parties agree to:
5.1.1 Recognise that
the Government's policy is to allow agencies, as a last and unavoidable resort,
to make redundant excess employees if they are not placed in a suitable
position after a 12 months retention period.
5.1.2 Use one term
only, excess. Employees are declared excess by the SCA when they no longer have
a substantive position. Excess employees include those:
• who were
previously declared displaced, excess; and
• are surplus to
the needs of the home agency; and
• whose
substantive position is deleted; or
• who become
excess due to their work or position being relocated to a significantly different
geographic area (and they choose not to relocate); or
• who are:
a) on an employee
initiated secondment; or
b) on more than 12
months leave without pay; or
c) at the
conclusion of a period of approved study leave
And for a, b & c above the home agency has
permanently backfilled their position after giving the employee notice and the
employee has chosen not to return.
5.1.3 "Position"
having the same meaning as under the Public Sector Employment and Management
Act 2002.
5.1.4 The 12 month retention
period commences when the employee is declared excess as notified by formal
letter provided by the SCA. If an employee is not placed against a suitable
position that time counts for the purposes of the retention period.
5.1.5 Redundancy as a
last and unavoidable resort cannot occur without:
1. An employee
being notified in writing of their status as `excess'; and
2. An employee
being made as least one offer of Voluntary Redundancy (VR); and
3. Consultation
with the Public Sector Workforce Office in the Department of Premier and
Cabinet; and
4. Registration on
the excess employee list maintained by the Public Sector Workforce Office; and
5. Provision of
reasonable redeployment opportunities to suitable positions in the home agency
and, via registration on the excess employee list, in other participating
agencies; and
6. Provision of
retraining support; and
7. Appropriate
written notification of intention to make redundant at least 3 months prior and
the SCA providing a final offer of voluntary redundancy; and
8. The employee
being offered the opportunity to raise any reason why they think steps 1-7 have
not been met (within 14 days of notification at 7 above).
5.1.6 An excess
employee can be made redundant if they refuse a reasonable deployment
opportunity including temporary positions or do not participate in the
redeployment process in good faith.
5.1.7 The 12 month
retention period is suspended:
• for the period
of time that the employee occupies a suitable temporary position or a temporary
position at a higher grade; or
• in a
restructure where all positions are deleted pending the outcome of the
selection or appointment processes (where applicable).
5.1.8 A suitable
position is:
a) An appropriate
match to the skills, experience and qualifications of the excess employee
b) Within one
grade of the excess employee's substantive salary;
c) One where an
employee could be expected to undertake the position with suitable training;
and
d) Within a
reasonable location (as defined in Premier's Memorandum 1998-24 - Relocation
of Employees to Available work
5.1.9 On the
outstanding issues of the retrenchment payment and "meaningful work"
as it relates to the retention period, the parties have agreed to accept the
Commission's recommendation of 17 September 2008 which states:
"On the matters that are not agreed, the
Commission recommends that those matters be the subject of negotiations on
managing displaced persons involving the wider public sector, with the union
parties being represented by Unions NSW. If this recommendation is accepted the
Commission will convene a compulsory conference of all of the parties and, with
the parties' agreement, preside over the negotiations to ensure an outcome is arrived
at in a timely manner.
5.2 SCA Organisation
Realignment
The parties agree to participate in accordance with the
consultation provisions in the Award in the implementation of an SCA Organisation
realignment to review structures, positions and work functions to ensure
duplication is removed, streamlined work practices applied. These changes
support identified salary increases and productivity savings approved by the
Budget Sub Committee of Cabinet under the Government's Wage Policy and as
agreed and set out in the exchange of letters between the parties.
Further changes may occur as processes and systems are
developed. At the same time there will be opportunities for increases in resources
to support trainee/cadetship programs; staff working off-line to foster
mentoring / coaching and knowledge transfer of staff into new positions and
work areas.
To ensure that the SCA and the Unions can collectively
support the current and next stages of the realignment the following principles
are agreed.
1. That the next 3
years 4% salary increases, backdated to 1 July 2008, could occur due to 1.5%
being made up of productivity savings including a reduction of 15-20% in
employee related costs.
2. The
organisation will move towards an FTE of 260 by 30 June 2010 through a
voluntary redundancy process that prioritises those employees that have
indicated an expression of interest in voluntary redundancy (EOI) and the
cessation of employment of temporary and agency hire staff when they reach the
end of their term and changed work arrangements allow.
It is the intention of SCA to minimise as far as
possible the number of employees that are displaced by this process.
Any positions that are proposed to be made surplus,
will only be made so after a sufficient business case has been discussed with
affected employees and unions. Further any person that is not a temp, agency
hire or permanent employee who has put in an EOI will only be made surplus as a
matter of last resort.
Where possible an EOI employee with be substituted into
the position with consideration of skills, competency, pay rates and only at
the wishes of affected employees.
The SCA agrees to maintain an FTE level of 260 during
the life of the Memorandum of Understanding.
5.3 Performance
Management System
The parties agree to apply adjustments to the Sydney
Catchment Authority performance management system that provides for:
5.3.1 Applying a one
off full payment for staff receiving outstanding performance to replace the
current fortnightly allowance payment over 12 months
5.3.2 During the life
of the Award the parties shall review and if required implement a new
performance management system by agreement.
5.4 Modernising the
human resource process
The parties agree to:
5.4.1 Introduce Higher
Duties Allowance payments to support partial payments of allowances to staff
acting in higher positions where the staff member is not required to perform
the full functions of the position during the acting period. The full
implementation of Allowance payments and supporting procedures will be
introduced in consultation and agreement with the unions.
5.4.2 The SCA will
undertake an organisation review of overtime practices, payments and processes
based on the introduction of new systems, methods of carrying out overtime
worked and changes to technology.
5.5 Maternity Leave
The parties agree to:
5.5.1 Amend the Award
to extend to full time employee's entitlement to a second period of paid
maternity leave on full pay should that second period commence not more than 2
years after the commencement of the initial period of maternity leave.
5.6 Annual Leave
Liability Reduction
5.6.1 The parties
recognise the occupational health and safety benefits of employees properly
taking their recreation leave. It is recognised that the Award allows for the
accumulation of up to 40 days recreation leave, however, there are many
employees who have accumulated balances significantly beyond this.
5.6.2 Employees must
take their recreation leave or have in place an agreed and approved leave plan
to reduce all balances below 40 days. The SCA may direct a staff member with
more than 40 days to take their recreation leave should no agreed and approved
leave plan be in place.
5.6.3 Staff with over
40 days recreation leave accrual will have the opportunity to conserve a
portion of their leave accrual as part of reducing their current entitlement or
submit an approved leave plan to reduce leave within a period of 6 months.
6. No Extra
Claim
The parties agree that during the term of this
Memorandum there will be no extra wage claims, claims for improved conditions
of employment or demands made in respect of the employees covered under the
Award, and further, that no proceedings, claims or demands concerning wages or
conditions of employment in respect of those employees will be instituted
before the Commission or any other arbitral tribunal.
The agreement in the preceding paragraph does not
prevent the parties from taking any proceedings with respect to the
interpretation, application or enforcement of existing award provisions, or
this Memorandum.
The parties further agree that during the Term of this
Memorandum consent variations to the awards can proceed.
7. Other Leave
• Clarify the
definition of FACS leave so that it only applies to unplanned and emergency
issues (C1 74).
• Simplify the
way FACS leave is accrued (C1 74) i.e. 2.5 days in the first year of service,
2.5 days in the second year of service and thereafter 1 day per year.
• Paid military
leave is granted per financial year rather than calendar year, consistent with
the application of top up pay (C1 769c)).
Terms of this
Memorandum of Understanding
This Memorandum of Understanding expires on 30 June 2011
This agreement is made at Sydney on the 6 day of May 2009
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SIGNED for an on behalf of the Crown in right of
the State of New South Wales acting through the Division known as the Sydney
Catchment Authority Division:
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Signature of witness
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Signature of SCA Representative
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Name of witness (BLOCK LETTERS)
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Address of witness
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SIGNED by ASU representative in the presence of:
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Signature of witness
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ASU Representative
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Name of witness (BLOCK LETTERS)
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Address of witness
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SIGNED by APESMA representative in the presence of:
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Signature of witness
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APESMA Representative
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Name of witness (BLOCK LETTERS)
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Address of witness
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2. For
instruction 4 substitute the following:
4. Insert after paragraph
(b) of subclause 2.3 of clause 2, Title, Application and Duration the following
new paragraph:
(c) 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 1 December 2008.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
G.
M. GRIMSON Industrial
Registrar.
____________________
Printed by
the authority of the Industrial Registrar.