Crown Employees (Departmental Officers) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 127471 of 2019)
Before Chief Commissioner Kite
|
19 September 2019
|
REVIEWED
AWARD
PART A
Arrangement
Clause No. Subject
Matter
1. Parties
to the Award
2. Intention/Aims
of the Award
3. Definitions
4. Classification
and Salary Rates
5. Preservation
of Conditions for Staff Employed Under Previous Awards
6. Job
Evaluation
7. Qualifications
Review Committee
8. Working
Hours and Arrangements
9. Conditions
of Employment
10. Training
11 Use of
Consultants and Contractors
12. Employee
Assistance Program
13. Anti-Discrimination
14. Grievance
and Dispute Procedures under this Award
15. Saving of
Rights
16. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Departmental Officer Salary Rates -
Classification and Grades
1. Parties to the
Award
The parties to this Award are:
Industrial Relations Secretary, the Department of Planning,
Industry and Environment and the Department of Customer Service; and
Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales (PSA).
This Award shall be binding upon all parties defined herein.
2. Intention/Aims of
the Award
This Award provides a framework for management and employees
to work together to ensure the ongoing high-level achievement of the
Department’s Mission and Objectives. Within this context the parties are
committed to the development of a highly motivated, suitably skilled and
productive workforce.
The parties will work collaboratively to ensure that the
Department’s workforce has and continues to have the necessary skills,
knowledge, capabilities and attributes to maintain and enhance its credibility,
expertise and standing.
Effective workforce development and succession development
are seen as critical to the Department’s future performance and its ability to
innovate, respond positively to changes in its operating environment and avail
itself of future business opportunities. The Award therefore focuses not only
on the revision of conditions of employment, but stresses workforce management
and development. It is based on
maintaining, improving, developing and rewarding the skills, knowledge,
capabilities and attributes required of its workforce and provides a commitment
to ongoing employment.
In providing more flexible working conditions for employees,
the Award also recognises the need to accommodate work and family issues
through flexible working arrangements.
The parties recognise the need to strive to achieve best
practice in human resource management and to resolve any issues that may currently
exist preventing effective workforce management,
employee development and the ability to utilise skills. To this end the parties
agree to work, during the life of the Award, towards:
• The creation of a culture which acknowledges
the importance and fosters the development of technical, managerial and
business skills; together with a progressive outlook;
• Organisation and classification
structures that support the business needs of the Department in the most
effective way, provide for appropriate managerial and specialist career paths
and allow for innovative opportunities in development and multi-skilling;
• Training and development programs and
activities aimed at meeting corporate requirements and priorities as well as
individual job and career development needs, (with the support of senior
management);
• Equitable development of employees to
be achieved by managers conducting performance reviews and offering guidance
and direction regarding training and development initiatives. This aims to:
facilitate improved on the job performance; provide greater job promotion
potential, and prepare for future challenges and opportunities from both the
domestic and international environments;
• Senior management supporting managers
and employees working co-operatively together to resolve issues that prevent
workforce development and to identify opportunities for continuous improvement
in departmental operations;
• Development and maintenance of open
communication between all levels of the workforce and improvement in
communication skills across the organisation;
• Ongoing
improvements in safety, quality service and efficiency; and
• A workplace environment that is
supportive of management and employees maximising their contribution to the
business of the Department.
3. Definitions
"Act" means the Government Sector Employment Act 2013.
"Association" or "PSA" means the Public
Service Association and Professional Officers’ Association Amalgamated Union of
New South Wales.
"Department" means the Department of Planning,
Industry and Environment and the Department of Customer Service Customer
Service, as specified in Schedule 1 of the Government
Sector Employment Act 2013.
"Departmental Officer" means employees in the Land
& Property Information Division of the Department of Customer Service and
employees who were formerly part of the Land and Property Management Authority
in accordance with Clause 20 of the Public Sector Employment and Management
(Departments) Order 2011, who are now employed in the Department of Planning,
Industry and Environment.
"Employee" means a person employed in ongoing,
term, temporary, casual or other employment, or on secondment, in a Public
Service agency under the provisions of the Government
Sector Employment Act 2013, who is assigned to a role classified under this
award and includes an employee on probation, but does not include the
Secretary, statutory appointees or Public Service senior executive as defined
in the Act.
"Grade/Level" means a single grade: General Scale;
Grade 1-2; Grade 3-4; Grade 5-6; Grade 7-8; Grade 9-10; Grade 11; Grade 12; as
set out in Table 1 Departmental Officer Salary Rates and applied to roles
created in terms of the Government Sector
Employment Act 2013 and evaluated in accordance with the Department’s
approved Job Evaluation system and the conditions of this Award.
"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.
"Public Service" means the Public Service of New
South Wales, as defined in the Government
Sector Employment Act 2013.
"Role" means a role as defined in section 3 of the
Government Sector Employment Act
2013.
"Secretary" means the appropriate Secretary of the
Department of Planning, Industry and Environment or the Department of Customer
Service.
"Service" means continuous service for salary
purposes.
4. Classification and
Salary Rates
4.1 The
classification under this Award is titled "Departmental Officer",
e.g. Senior Surveyor, Departmental Officer Grade.
4.2 The salary rates
are set out in Table 1 - Departmental Officer Salary Rates - Classification and
Grades, of Part B Monetary Rates. The
rates of pay are set in accordance with the Crown Employees (Public Sector -
Salaries 2019) Award or any variation or replacement award.
5. Preservation of
Conditions for Staff Employed under Previous Awards
5.1 Preservation
Rights: A Memorandum of Understanding regarding progression rights of PSA
members was agreed in conjunction with the former Crown Employees (NSW Department
of Lands - Conditions of Employment) Award 2004 published 2 September 2005 (353
I.G. 542), which took effect from 22 February 2005.
5.2 Lands Officers
Employees previously employed under the Crown Employees
(Lands Officers - Department of Land and Water Conservation and Department of
Information Technology and Management 1999) Award published 23 June 2000 (316
I.G. 728) transferred to this award;
however, employees who transferred to levels of General Scale, Grade 1-2 and
Grade 3-4 shall be entitled to progress, subject to satisfactory performance,
on an annual incremental basis in accordance with the prior award, to the
equivalent salary of Lands Officer Level 3 year 2.
Lands Officers Level 4 transferred to this award. Any structural
anomalies within Administrative and Clerical Officers Grade 5/6 created by the
transition will be addressed in any new structure developed to meet the future
business objectives of the Department.
5.3 Employees with a
substantive salary equivalent to Grade 11 who occupy roles presently graded at
A&C 11/12 or DITM Officer Grade 11/12
Employees previously employed under the Crown Employees
(Administrative and Clerical Officers - Salaries 2003) Award published 23 April
2004 (344 I.G. 155) or the Crown Employees (NSW Department of Information
Technology and Management) Conditions of Employment Award 2002 published 12
March 2004 (343 I.G. 628), with a substantive salary equivalent of A&C
Grade 11, year 1 or year 2, and currently occupying ongoing roles of Grade
11/12 shall be entitled to progress, subject to satisfactory performance, on an
annual incremental basis, to the equivalent salary of Clerk Grade 12, year 2.
5.4 Surveyors
Employees previously employed under the Surveyors, Trigonometrical and Cartographic Surveyors Agreement No.
2449 of 1982 transferred to this award (except that the progression barrier for
registration requiring a Surveyor to become registered in terms of Section 10
of the Surveyors Act, 1929 are to be
included in Role Descriptions where it would be a requirement to carry out the
accountabilities of roles). Preservation of rights to progression under the
prior award applies to Surveyors employed by the Department of Lands
immediately prior to the registration of this award on 22 February 2005.
5.5 Valuers
Employees previously employed under the Crown Employees
(Regional Directors and Valuers - All Classes - Valuer General’s Office, Department of Information
Technology and Management) Award published 28 April 2000 (315 I.G. 238)
transferred to this award. Preservation rights to progression under the prior
award apply to Valuers employed by the Department of
Lands immediately prior to the registration of this award on 22 February 2005.
5.6 DITM Employees
Employees previously employed under the Crown Employees
(NSW Department of Information Technology and Management) Conditions of
Employment Award 2002 published 12 March 2004 (343 IG 628) transferred to this
award. Preservation rights to progression under the prior award apply to DITM
Officers employed by the Department of Lands immediately prior to the
registration of this award on 22 February 2005.
5.7 Clerks
Employees previously employed under the Crown Employees
(Administrative and Clerical Officers - Salaries 2003) Award published 23 April
2004 (344 I.G. 155) transferred to this award. Preservation rights to
progression under the prior award will apply to Clerks employed by the
Department of Lands immediately prior to the registration of this award on 22
February 2005.
5.8 Clerical
Officers
Employees previously employed under the Clerical
Officers All Departments Agreement No 2515 of 1988 transferred to this award.
5.9 Field Hands and
Instrument Man
Employees previously employed under the Surveyors’
Field Hands (State) Award published 23 November 2001 (329 IG 889) became
permanent officers upon commencement of this Award on 22 February 2005 and
classified as Departmental Officers and transferred to this award at their
current salary. The grading of their jobs will then be determined in accordance
with the outcome of job evaluation.
6. Job Evaluation
6.1 The job
evaluation system agreed by the parties to this award is the Mercer CED Job
Evaluation System. The systematic and objective process of assessing the work value
of roles within the Department will continue to be applied utilising the
approved Job Evaluation policy and procedures.
6.2 The Job
Evaluation Committee will comprise the Department’s human resources Director as
chair, a senior manager of the human resources area and two PSA
representatives. The Job Evaluation Committee will identify those roles that
should be evaluated.
6.3 The priority in
which roles are to be evaluated will be determined by agreement between
Management, the Job Evaluation Committee, and the PSA. Highest priority will be given to areas of
the Department where the greatest benefit to employees in terms of equity will
result. Evaluation of identified roles
will be completed within 12 months.
6.4 Job Evaluation
will be managed by the human resources area of the Department. Staff members and consultants participating
in the job evaluation process will be accredited in the Mercer C E D Job
Analysis and Job Evaluation process. Where required, Mercer Human Resource
Consulting (Cullen Egan Dell CED consultants), a management representative and
a PSA representative will perform a quality control check on Role Descriptions
to ensure consistency in format and content.
6.5 Job evaluation
allowance: Where an existing role has been incorporated into a new or revised
organisation structure and the work hasn’t changed substantially but job
evaluation indicates a higher salary level for the same work, and the current
occupant is performing satisfactorily in the role, the current occupant of the
role may be paid by way of Job Evaluation allowance. Payment by way of Job
Evaluation allowance is also subject to the existing occupant of the role
having been assigned following a process of competitive merit selection. Where the work has changed substantially, or
the role falls vacant the role should be filled by comparative assessment. Payment of a Job Evaluation allowance is an
option available for consideration in light of the particular circumstances.
The allowance is subject to approval of the appropriate Secretary on a
case-by-case basis, as set out in Premier’s Department Circulars No. 97-35 and
98-50, implementation of job evaluation outcomes.
6.6 All anomalies
with the outcomes of job evaluation will be referred for resolution to the
Transition Committee established under clause 5, of this award.
7. Qualifications
Review Committee
7.1 A Qualifications
Review Committee shall be convened and shall include representatives from
management, unions and employees with expertise in the area of qualification.
Such representation shall consist of two management representatives, two union
nominees and may call on employees or external advisers with expertise in the
area of the qualification being discussed. The Committee shall be constituted
for the period of this award for the purpose of making recommendations to the
Secretary.
7.2 The Committee
shall from time to time sit to determine the appropriate skills and
qualifications required for given roles within the Department. The Committee
shall from time to time also consider the current status of qualifications that
are used in this award in relation to the various levels of Departmental
Officers as set out in the award. If agreement cannot be reached in this
committee, the appropriate Secretary will facilitate a resolution.
8. Working Hours and
Arrangements
The provisions of the appropriate Flexible Working Hours
Agreement will apply to the employees of the Department.
9. Conditions of
Employment
Employees regulated by this award shall be entitled to the
conditions of employment as set out in this award and, except where
specifically varied by this award, existing conditions as provided for under
the Government Sector Employment Act
2013, Government Sector Employment Regulation 2014, Government Sector
Employment Rules 2014, the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 and the Crown Employees (Public Sector -
Salaries 2019) Award or any awards replacing these awards.
10. Training
The parties agree that all employees shall be provided with
opportunities for career, professional and personal development. The joint aim
is to develop a highly skilled and efficient workforce and to ensure that all
employees are sufficiently skilled to meet the present and future needs of the
Department.
The Department’s commitment to training and development will
include (but will not be limited to):
• The reimbursement of course fees for
employees undertaking tertiary or vocational studies shall be 100% on
successful completion where the study relates directly to the role occupied.
Where a Manager considers that the study does not relate directly to the role
but will be beneficial to the organisation, and so approves, reimbursement of
fees, upon successful completion, may be within the range of 50% to 100%. The
appropriate Secretary or their delegate will determine any appeal relating to
decisions concerning payment of course fees;
• A
commitment to the provision of external training programs;
• Implementation
of a Performance Development Program;
• The provision of training and
re-training wherever re-organisation creates new skill requirements;
• Equipping all employees with skills
and ability to enable them to pursue, where possible, their preferred career
paths and to improve their opportunities for career advancement;
• Providing training in information
technology to enable employees to use the technological tools required to
perform their duties;
• Providing the training needed to
ensure that those employees, whose performance has been identified as requiring
improvement have every opportunity to improve their performance;
• Equity of access to training and
development opportunities for all employees, including part time employees;
• Dependent care assistance (dependant care, by way of payment, may be provided to
enable employees with dependant responsibilities to pursue training and
development opportunities).
During the life of this award, the Department agrees to
examine and implement various options to facilitate skill enhancement and
career development for all employees.
These options may include:
• Job
rotation;
• Secondments;
• Participation
in work forums;
• Placements
in other organisations with the agreement of the employee;
• Mentor
and coaching programs;
• Attendance
at conferences and seminars;
• Employees
exchange programs with the agreement of the employee.
In order to meet these aims, the following have been
agreed by the parties:
• A commitment to updating skill profiles
from the Training Needs Analysis process to assist employees and management to
determine appropriate training needs;
• To include employees training and
development responsibilities in the key accountabilities of all managers and
supervisors;
• Individual employees will assume
personal responsibility to participate in appropriate training and development
and skill-enhancing activities.
Furthermore, the parties agree to an ongoing commitment
to the Vocational Education and Training (VET) system - that is, the promotion
and implementation of the Public Sector training package through the NSW Public
Sector Industry Training Advisory Body (NSW PSITAB).
This includes embracing the development of a National
Competencies training project encompassing:
• An
increase in the number of workplace trainers and assessors within the
Department;
• Time for trainers and assessors to
recognise the current competencies held by Departmental Officers;
• All in-house training to be in line with
National Competency Standards so employees can work toward a nationally
recognised public sector qualification.
11. Use of Consultants
and Contractors
In line with Government commitments, the parties agree to
develop programs to reduce the use of consultants/contractors by greater
reliance on the expertise of professional public servants and the development
of strict quality control procedures for the engagement of outside assistance.
The Department agrees to consult with the Association on
engagement and use of consultants and contractors
12. Employee
Assistance Program
The Department will continue to make available to all its
employees a free and confidential Employee Assistance Program.
The Employee Assistance Program is an independent and confidential
counselling service which provides counselling free of charge for a wide range
of personal and/or work related problems.
13.
Anti-Discrimination
13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 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.
(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."
14. Grievance and
Dispute Procedures under this Award
14.1 All grievances
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 to higher levels of authority in the
Department, if required.
14.2 Employees are
required to notify (in writing or otherwise) their immediate supervisor or
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.
14.3 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 Secretary or delegate.
14.4 The immediate
supervisor, manager, or other appropriate employee, shall convene a meeting in
order to resolve the grievance, dispute or difficulty within seven (7) days of
the matter being brought to attention.
14.5 If the matter is
unresolved with the immediate supervisor or manager, the employee may request
to meet with the appropriate person at the next level of management in order to
review the matter. This employee shall respond within seven (7) days. If there
are matters or issues that still remain unresolved by both parties then they
should be referred to the senior manager of the work area who should include a
representative from the human resources area in discussions.
14.6 In the event that
the matter remains unresolved, the appropriate Secretary shall provide a
written response within 21 days to the employee and any other party involved in
the grievance, dispute or difficulty, concerning the action to be taken, or the
reasons for not taking action, in relation to the matter.
14.7 An employee who
is a member of an Association may request to be represented by an Association
representative at any stage of the procedures.
14.8 The employee or
Association on his/her behalf, or the appropriate Secretary, may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
14.9 The employee
and/or Association and/or the appropriate Secretary shall agree to be bound by
a lawful recommendation, order or determination by the Industrial Relations
Commission of New South Wales in relation to the grievance, dispute or
difficulty.
14.10 Whilst the
procedures are being followed, normal work undertaken prior to the notification
of the grievance or dispute shall continue, except in the case of a dispute
involving Work, Health and Safety. If
practicable, normal work shall proceed in such a manner to avoid any risk to
the health and safety of any employee, or member of the public.
14.11 These procedures
should be read in conjunction with the Department’s Grievance Resolution Policy
and Procedures and in no way diminish Grievance resolution procedures contained
in that policy.
15. Saving of Rights
At the time of making this award, no employee covered by
this Award will suffer a reduction in his or her rate of pay or any loss or
reduction in his or her conditions of employment as a consequence of making
this award.
16. Area, Incidence
and Duration
16.1 The award shall
apply to all employees employed in the classification of Departmental Officer
in the Department of Planning, Industry and Environment and the Department of
Customer Service.
16.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Departmental Officers) Award
published 21 October 2016 (380 I.G.981), as varied.
16.3 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 19 September 2019.
16.4 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 - Departmental Officer Salary Rates
Rates are effective from the beginning of the first full pay
period (ffppoa) to commence on or after 1 July 2019.
Departmental
Officer
|
Classifications and Grades
|
|
Existing rates at30.06.19
|
Rates from ffppoa 1.07.19
|
|
|
2.50%
|
2.50%
|
|
|
Per annum
|
Per annum
|
|
|
$
|
$
|
General Scale
|
Year 1
|
36,912
|
37,835
|
|
Year 2
|
44,646
|
45,762
|
|
Year 3
|
48,119
|
49,322
|
|
Year 4
|
49,431
|
50,667
|
|
Year 5
|
51,522
|
52,810
|
|
Year 6
|
52,456
|
53,767
|
|
Year 7
|
53,758
|
55,102
|
|
Year 8
|
55,747
|
57,141
|
|
Year 9
|
57,767
|
59,211
|
|
Year 10
|
59,901
|
61,399
|
Grade 1-2 (Level 1)
|
Year 1
|
63,199
|
64,779
|
|
Year 2
|
65,056
|
66,682
|
|
Year 3
|
66,871
|
68,543
|
|
Year 4
|
68,707
|
70,425
|
Grade 3-4 (Level 2)
|
Year 1
|
70,652
|
72,418
|
|
Year 2
|
72,783
|
74,603
|
|
Year 3
|
75,055
|
76,931
|
|
Year 4
|
77,363
|
79,297
|
Grade 5-6 (Level 3)
|
Year 1
|
83,403
|
85,488
|
|
Year 2
|
86,033
|
88,184
|
|
Year 3
|
89,406
|
91,641
|
|
Year 4
|
92,026
|
94,327
|
Grade 7-8 (Level 4)
|
Year 1
|
94,782
|
97,152
|
|
Year 2
|
97,616
|
100,056
|
|
Year 3
|
101,684
|
104,226
|
|
Year 4
|
104,918
|
107,541
|
Grade 9-10 (Level 5)
|
Year 1
|
108,044
|
110,745
|
|
Year 2
|
111,082
|
113,859
|
|
Year 3
|
115,617
|
118,507
|
|
Year 4
|
119,061
|
122,038
|
Grade 11 (Level 6)
|
Year 1
|
124,965
|
128,089
|
|
Year 2
|
130,262
|
133,519
|
Grade 12 (Level 7)
|
Year 1
|
138,421
|
141,882
|
|
Year 2
|
144,521
|
148,134
|
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.