Crown
Employees (NSW Department of Community Services) After Hours Service Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 715 of 2007)
Before Mr Deputy
President Grayson
|
23 July 2007
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Rostering
Arrangements
5. Rates for
After Hours Service
6. Contactability
7. Response
to Crisis Calls
8. Use of
Departmental Vehicles
9. Overtime
10. Selection
Criteria and Process
11. Training
12. Anti-Discrimination
13. Grievance
and Dispute Settling Procedures
14. Area
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
2. Title
This Award shall be known as the Crown Employees (NSW
Department of Community Services) After Hours Service Award.
3. Definitions
"Act" means the NSW Industrial Relations Act
1996 and its Regulations.
"Association" means the Public Service Association
and Professional Officers Association Amalgamated Union of New South Wales.
"Department" means the NSW Department of Community
Services.
"Disturbance Rate" means a rate paid to a rostered
officer who the Regional Director has determined need only be contactable and
able to respond to after hours calls out of hours wherever possible.
"Officer" means all persons permanently or
temporarily employed under the provisions of the Public Sector Employment
and Management Act 2002 and who, on or after the operative date of this
Award, are employed within the NSW Department of Community Services.
"On Call Rate" means a rate paid to the rostered
officer who the Regional Director has determined must be available for the
rostered period to receive after hours calls out of ordinary hours and be able
to respond as required.
"DPE" means the Director of Public Employment, as
established under the Public Sector Employment and Management Act 2002.
"Region" means a geographical area defined as a
Region for the purpose of the Department's operations and for the purpose of
this Award, only includes the Western, Hunter/Central Coast, Southern and
Northern Regions.
"Rostered Officer" means an officer who has
volunteered to be rostered on-call or on a disturbance basis to provide after
hours services.
4. Rostering
Arrangements
On-call -
(i) An officer
may be rostered on-call or disturbance for a minimum of one day. An officer
shall not be rostered for part of a day, except where there are insufficient
volunteers to permit otherwise.
(ii) For the
purposes of subclause (i) of this clause, one day shall mean:
5.00 p.m. to 9.00 a.m. the following day on Monday to
Saturday;
9.00 a.m. Saturday to 9.00 a.m. Sunday; and
9.00 a.m. Sunday to 9.00 a.m. Monday.
Provided that where normal closing time in the locality
concerned is a time other than 5.00 p.m., then that time will be substituted
for 5.00 p.m. in the above provision and where the normal opening time in the
locality is a time other than 9.00 a.m. then that time may be similarly
substituted.
(iii) An officer
rostered on-call for seven consecutive days shall not be required to work a
similar roster for a period of at least six weeks. In any event, such an
officer shall not be required to work a similar roster for a period of three
weeks.
(iv) Rostering
arrangements shall be determined by the Regional Director in consultation with
affected officers and having regard to the availability and training of those
officers who have volunteered to be placed on roster. Such arrangements should
also have regard to particular local geographical concerns and travelling
distances involved in responding to a crisis call.
(v) A rostered officer
may withdraw from the service at any time but wherever possible, such officer
should provide at least two weeks notice of their intention to do so. The
Regional Director may terminate the roster of an officer by consultation at any
time but should provide similar notice.
(vi) A Regional
Director may vary the roster with at least two weeks notice except when unusual
and unforeseen circumstances arise, in which case the roster may be varied with
less than two weeks notice.
(vii) Disturbance -
An officer rostered on a disturbance basis may be so rostered for any period as
determined by the Regional Director.
(viii) The
arrangements in subclause (vii) of this clause are limited to the extent that
no such officer shall be rostered for part of a day.
(ix) For the
purposes of subclause (viii) of this clause, the meaning of "a day"
shall be the same as that prescribed for officers rostered on-call.
(x) The conditions
relating to termination or variation of rostering arrangements shall be the
same as those relating to officers appointed to be on-call.
(xi) General -
There shall be a minimum of two officers rostered on-call or on a disturbance
basis in each of the following Regions:
Western
Northern
Hunter/Central Coast
Southern
In any situation where an officer responds to a
call-out that officer shall determine whether another officer shall attend the
call-out provided that the parties to the award recognise generally the
desirability of having two officers attend the call-out in crisis situations.
5:. Rates for After
Hours Service
(i) The rates and
conditions of all officers who are rostered either on-call or on a disturbance
basis are as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
(ii) Disturbance -
A disturbance rate is payable of an amount as set out in Item 1 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
(iii) An officer in
receipt of the disturbance rate shall be entitled to the on-call rate in the
event that an after hours call is received which requires a call out. Such adjustment shall be in substitution of
the disturbance rate and will only be made on a daily basis.
(iv) The on-call
and disturbance rates shall be adjusted from time-to-time in line with
adjustments in salaries of Child Protection Caseworkers.
6. Contactability
(i) On-call -
wherever possible, the Department shall supply a mobile phone and pager to a
rostered officer. A rostered officer must remain near the mobile phone or
private telephone which must remain switched on unless a pager has been
provided. A rostered officer shall be available to answer calls personally and
must not utilise an answering machine.
(ii) Disturbance -
the officer must make available a telephone number and/or mobile telephone
number, which must be a number on which he/she can normally be contacted while
on the roster. Where it is reasonable to do so, the officer will answer a call
immediately.
(iii) Where a
rostered officer is not supplied with a mobile phone, he/she shall be reimbursed
for the rental costs associated with their private telephone and all costs
incurred with calls made from that phone associated with a crisis.
(iv) A rostered
officer must contact the Regional Director immediately it becomes known that
the officer shall be unavailable for rostered duty.
7. Response to Crisis
Calls
Where a rostered officer seeks the assistance of a co-worker
other than another rostered officer for the purposes of responding to a call, such
co-worker shall be paid overtime on the basis set out in clause 9 Overtime, and
if required to utilise their private vehicle shall be paid at the rate
specified in clause 8, Use of Departmental Vehicles.
8. Use of
Departmental Vehicles
(i) An officer
rostered on-call shall be provided with a Departmental vehicle for the whole of
the period that he/she is so rostered. The Departmental vehicle may be used for
private purposes and such usage shall be limited to travel within the
particular Region that is serviced by the rostered officer.
(ii) The private
usage of Departmental vehicles referred to in subclause (i) of this clause
shall not apply to officers who are rostered on a disturbance basis.
(iii) Where it is
necessary for any rostered officer to utilise a private vehicle in response to
an after hours call, the "Casual Rate" from the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006, as varied from
time to time, shall apply or such other rate as may be prescribed by an award
applying generally to Public Servants.
9. Overtime
(i) The rates set
out in clause 5, Rates for After Hours Service, include compensation for time
taken to receive calls advising of a possible crisis situation, and where an
officer is not able or obliged to respond to a call in person, the time taken
to make calls arranging for another officer or person to respond. All other time spent in the performance of
work in response to a crisis call shall be paid for as set out hereunder:
(a) for all overtime
worked before the usual commencing time, and after the usual ceasing time
Monday to Friday, inclusive, at the rate of time and one-half for the first two
hours and at the rate of double time thereafter until relieved from duty;
(b) for all
overtime worked on a Saturday at the rate of time and one-half for the first
two hours and at the rate of double time thereafter;
(c) for all
overtime on a Sunday at the rate of double time;
(d) for all
overtime worked on a Public Holiday at the rate of double time and a half,
i.e., ordinary rates and a half in addition to salary;
(e) An officer
shall be paid a minimum of four hours at the appropriate penalty rate for each
call responded to, provided that where the period of work commences within the
minimum payment period for a previous response, payment shall be calculated as
if the officer had been continuously engaged on overtime from the commencement
of work on the first call until the expiry of the minimum four-hour period on
the last call or completion of work on the last call, whichever is the later.
Provided that the rate upon which the overtime rate is later calculated shall
not exceed Clerk Grade 6 of the Crown Employees (Public Sector - Salaries 2007)
Award.
(ii) Where an
officer responds to a call the officer shall have at least eight consecutive
hours of duty between the end of work on the last such call and the
commencement of normal duty. If on the instruction of the Department the
officer resumes or continues work without having had such eight consecutive
hours off duty the officer shall be paid at double rates until the Officer is
released from duty for such period and the officer shall then be entitled to be
absent until the officer has had eight consecutive hours off duty without loss
of pay for ordinary working time occurring during such absence.
10. Selection
Criteria and Process
(i) The Regional
Director shall advise all officers in the Region of any proposal to introduce an
on call or disturbance roster, including the proposed details of the roster and
shall call for expressions of interest from staff who volunteer to participate
as a rostered officer as necessary.
(ii) The Regional
Director shall ensure that an assessment of the rostered officer's capacity to
respond to after hours calls in relevant programme areas is carried out before
the officer is rostered for duty.
11. Training
The Regional Director shall ensure that all officers who
volunteer to participate in the after hours service are provided with any
training necessary to respond effectively to calls received in relevant
programme areas.
12.
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 NSW 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 NSW
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 NSW 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 the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the NSW 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."
13. Grievance and
Dispute Settling Procedures
(i) 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.
(ii) 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.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the NSW 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.
(iv) 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.
(v) 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.
(vi) The Department
Head may refer the matter to the DPE for consideration.
(vii) 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.
(viii) An officer, at
any stage, may request to be represented by the Association.
(ix) 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.
(x) 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.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) 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.
14. Area Incidence
and Duration
(i) This Award
shall apply to officers employed as Managers Client Services, Managers
Casework, Caseworkers, Senior Practitioners and Casework Specialists who
volunteer to be placed on an On-Call or Disturbance Roster for the provision of
an after hours service in the Region.
(ii) The officers
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 are provided for under the Public Sector Employment and
Management Act 2002, the Public Sector Employment and Management (General)
Regulation 1996, the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2006 and the Crown Employees (Public Sector - Salaries 2007)
Award or any awards replacing these awards.
(iii) This award is
made following a review under section 19 of the NSW Industrial Relations Act
1996 and rescinds and replaces the New South Wales Department of Community
Services (After Hours Service) Award, published 20 August 2004 (346 I.G. 1).
(iv) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
NSW 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 (3 10 IG 359) and take effect on and from.
(v) 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 - Rates of
Pay
Classification
|
Amount from first
full pay period to commence
|
|
on or after 1 July
2007
|
|
$
|
Monday 5.00 pm to Saturday 9.00 am
|
76.51 per day
|
Saturday 9.00 am to Sunday 9.00 am
|
114.75 per day
|
Sunday 9.00 am to Monday 9.00 am
|
114.75 per day
|
Public Holiday
|
114.75 per day
|
Table 2 - Other
Rates and Allowances
Item No
|
Clause No.
|
Amount from first full
pay period to commence
|
|
|
on or after 1 July
2007
|
|
|
$
|
1
|
5(ii) Disturbance Rate
|
22.93 per day
|
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.