CROWN
EMPLOYEES (STATE LIBRARY SECURITY STAFF) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 990 of 2001)
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Before Mr Deputy President Sams
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28 May 2001
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REVIEWED AWARD
PART A
Arrangement
PART A
Clause No Subject Matter
1. Definitions
2 Title
3. Parties to the Award
4. Salaries
5. Conditions of Employment
6. Hours of Work
7. Shift Loadings
8. Incremental Progression
9. Local Arrangements
10. Grievance and Dispute Settling Procedures
11. Anti Discrimination
12. Savings of Rights
13. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
1. Definitions
"The Crown Award" means the Crown Employees
(Public Service Conditions of Employment) Award 1997.
"PEO" means Public Employment Office.
"PSA" means Public Service Association and
Professional Officers’ Association Amalgamated Union of New South Wales.
"The State Library" means the State Library of New
South Wales.
2. Title
This award shall be called the Crown Employees (State
Library Security Staff) Award.
3. Parties to the
Award
The parties to the award are the PEO and the PSA.
4. Salaries
Salaries have been annualised to include shift penalties,
except those for Public Holidays. Shift
loadings for Public Holidays will be paid in the next available pay after
working on a public holiday at the rate provided in the "Shift Work and
Overtime" provisions of the Crown Award.
The annualised salary rate will be the salary rate for all purposes
including calculating overtime, holidays, leave loading, superannuation and
long service leave.
The annualised salaries provided for in this award are based
on current rosters as at 28 May 2001 and are calculated by using the shift
loadings contained in the "Shift Work and Overtime" provisions of the
Crown Award.
Staff employed under this award shall be eligible to receive
the more favourable of leave loading or shift penalties when proceeding on
recreation leave in accordance with the "Leave" provisions of the
Crown Award.
Salaries paid to staff employed as Security Officers at the
State Library will be as per Part B.
5. Conditions of
Employment
Except as where varied by this award, conditions of
employment shall be as provided for in the Crown Award.
Security staff will be granted five (5) Rostered Days Off in
each twenty (20) week shift cycle.
Accrual of hours will be as locally arranged. Rostered days off will be taken as per the roster. Up to three (3) rostered days off may be
banked.
Security staff will work the weekends rostered to qualify
them for the five (5) additional days leave provided for in the "Shift
Work and Overtime" provisions of the Crown Award.
There will not be a separate payment for a Computer
Allowance as computer skills and responsibilities have been taken into account
in the job evaluation process.
First-aid allowances in line with the Crown Award will be
paid to staff who acquire a first-aid certificate.
An approved uniform and accessories will be issued to each
Security Officer and must be worn when on duty. Uniforms and accessories will be replaced on a needs basis as
approved by the Security Co-ordinators.
Staffing levels will be determined to meet the security
needs of the Library. The State Library
will have in place recruitment strategies so that all vacant positions are
filled as expeditiously as possible.
6. Hours of Work
Hours of work shall continue to be thirty five (35) hours
per week worked over a seven (7) day roster.
7. Shift Loadings
The annualised salaries provided for in this Award are based
on current rosters and are calculated by using the penalties contained in the
"Shift Work and Overtime" provisions of the Crown Award.
8. Incremental
Progression
Staff who have been employed as a Security Officer with the
Library for more than twelve (12) months will be paid the second year rate
effective from the anniversary date of appointment, subject to satisfactory
attendance, conduct and performance of duties.
An increment to the third year rate will become due after an additional
twelve (12) months service, subject to satisfactory attendance, conduct and
performance of duties. An increment to
the fourth year rate will become due after an additional twelve (12) months
service, subject to satisfactory attendance, conduct and performance of duties.
9. Local Arrangements
Payment of Security Licence fees will be as agreed between
the State Library and Security Staff.
To accrue time for rostered days off, staff will take a
forty five (45) minute meal break and commence shifts at a time seven (7)
minutes before the listed starting time.
10. 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 State
Library, if required.
(ii) A staff
member 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) The immediate
manager 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.
(iv) If the matter
remains unresolved, with the immediate manager, the staff member 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) days, or as soon as practicable. This sequence of reference to successive levels of management may
be pursued by the staff member until the matter is referred to the Department
Head.
(v) The Department
Head may refer the matter to the PEO for consideration.
(vi) If the matter
remains unresolved, the Department Head shall provide a written response to the
staff member and any party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in regard
to the matter.
(vii) A staff
member, at any stage, may request to be represented by their union.
(viii) The staff
member or the union on their behalf, or the Department Head, may refer the
matter to the Industrial Relations Commission of New South Wales if the matter
is unresolved following the use of these procedures.
(ix) The staff
member, the union, the State Library and the PEO shall agree to be bound by any
order or determination by the Industrial Relations Commission of New South
Wales in relation to the dispute.
(x) Whilst the
procedures outlined in subclauses (i) to (ix) 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
staff member or member of the public.
11.
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 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.
(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 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 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 legislation referred to in this clause.
Note: Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
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."
12. Savings of Rights
Should there be a variation to the Crown Employees (Public
Sector Salaries - January 2000) Award or an Award replacing that Award,
employees of the State Library covered by this Award will maintain the same
salary relationship to the rest of the public service. Any such increase will be reflected in this
Award either by a variation to it or by the making of a new Award.
13. Area, Incidence and Duration
(i) This Award
shall apply to all staff employed as Security Officers in the State Library
(ii) This Award is
made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Crown Employees
(State Library Security Staff) Award published 25 February 2000 (313 I.G. 810)
and all variations thereof.
(iii) The Award
published 25 February 2000 had effect for a period of three (3) years from 22
April 1999 and the variation thereof incorporated herein on the date set out in
Schedule A.
(iv) 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 18 December 1998 (308 I.G. 307) are
set out in the attached Schedule B and take effect on 28 May 2001.
SCHEDULE A
Award and Variations
Incorporated
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Clause
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Award/Variation
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Date of
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Date of taking
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Industrial
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Serial No.
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Publication
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Effect
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Gazette
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Vol. Page
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Crown Employees (State Library
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B7676
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25.08.00
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22.04.99
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313
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810
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Security Staff) Award
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11.
Anti-Discrimination
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B7906
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3.03.00
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3.06.99
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313
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1131
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SCHEDULE B
Changes Made on Review
Date of Effect: 28
May 2001
Provisions Modified:
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Award
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Clause
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Previous Form of
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Clause Last
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Published at:
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IG Vol. Page
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Crown Employees (State Library Security
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|
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Staff Award
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4. Salaries
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313
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811
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|
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5. Conditions of Employment
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313
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811
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7. Shift Loadings
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313
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812
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8. Incremental Progression
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313
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812
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|
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9. Local Arrangements
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313
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812
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13. Area, Incidence and Duration
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313
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813
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Table 1 - Rates of
Pay
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313
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813
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PART B
MONETARY RATES
Table 1 - Rates of Pay
The annualized salary rates as at 15 March 2001 as listed in
Table 1 below. (These rates incorporate
the 2% Crown award increases which were paid from 1 January 2000 and 1 January
2001).
The annualized salary rates incorporate shift penalties as
per Clause 4, Salaries.
|
Year
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Annualised Salary
Rate per annum
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|
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$
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1st year
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36,861
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2nd year
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38174
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3rd year
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39,257
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4th year
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40,440
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P. J. SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.