Crown Employees (Audit Office) Award 2008

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1700 of 2007)

 

 

REVIEWED AWARD

 

PART A

 

ARRANGEMENT

 

Clause No.       Subject Matter

 

1.        Title

2.        Definitions

3.        Statement of Intent

4.        Parties

5.        Remuneration

6.        Transition Arrangements as at 1 January 2005

7.        Annual Remuneration Assessment - Audit Professionals Levels B And C, Corporate Professionals A, B And C

8.        Performance Management

9.        Flexible Work Practices

10.      Overtime

11.      Travel Time and Expenses

12.      Study Support

13.      Anti-Discrimination

14.      Industrial Dispute Settlement Procedure

15.      Deduction of Association Membership Fees

16.      Secure Employment

17.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Remuneration Bands

Table 2 - Audit Professional Level A Pay Points

Annexure 1 - Progression in Auditor 1 - 4 Financial Audit

Annexure 2 - Appointment of Staff to Positions in the New Structure on Transition

Annexure 3 - Remuneration Bands with Competency Zones

Annexure 4 - Other Flexible Work Practices

 

1.  Title

 

This Award shall be known as Crown Employees (Audit Office) Award 2008.

 

2.  Definitions

 

"Act" means the Public Sector Employment and Management Act 2002.

 

"Association" means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

"Auditor-General" refers to the person appointed to the position of Auditor-General as specified by the Public Finance and Audit Act 1983.

 

"Audit Office" means The Audit Office of New South Wales, a statutory authority established under the Public Finance and Audit Act 1983.

 

"Benchmarking" means the regular independent process of reviewing remuneration levels for each classification against market information from similar levels in the relevant market.

 

"Board" means the Office Executive of the Audit Office.

 

"Business Unit Leader" means an employee whose role is to lead a Business Unit of the Audit Office as determined by the Auditor-General.

 

"Classification" means a group of positions with common remuneration arrangements.

 

"Commission" means the New South Wales Industrial Relations Commission.

 

"Competency Zones" means the structure that will apply within each remuneration band for Audit Professional employees and Corporate Professional employees.

 

"Conditions Award" means the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 as varied or replaced.

 

"Corporate Professional" means employees who are employed at Corporate Professional Levels A, B or C.

 

"Director of Public Employment" has the same meaning as in the Public Sector Employment and Management Act 2002.

 

"Employee" means a person permanently or temporarily employed either as a full time or part time employee, in any capacity under the provisions of this Award, and includes a person on probation.

 

"Market Review" means the review of remuneration bands against market information based on information and analysis provided by an independent expert.

 

"Pay Points" means incremental remuneration levels within the Audit Professional Level A remuneration band.

 

"Percentile" means a point within a remuneration band expressed as a percentage of that band.

 

"Position Description" means the list of responsibilities and accountabilities attributed to each position.

 

"Professional Qualifications" means full membership of the Institute of Chartered Accountants in Australia or CPA Australia.

 

"Remuneration Assessment" means the process for determining remuneration levels for individual employees on a basis that fairly reflects their performance and contribution.

 

"Remuneration Band" means the range of remuneration between the minimum and maximum levels for a particular classification.

 

"Remuneration Committee" means a committee established by the Auditor-General to assess annual remuneration recommendations.

 

"Role" means the title given to groups of employees having similar responsibilities and accountabilities.

 

"Salaries Award" means the Crown Employees (Public Sector - Salaries 2007) Award, as varied or replaced.

 

"Service" means continuous service for remuneration purposes.

 

"Transition" means the processes involved in moving from positions and classifications immediately prior to the commencement of the Crown Employees (Audit Office) 2004 Award to those positions and classifications described in this Award.

 

"Transition remuneration" means remuneration as at 1 January 2005.

 

3.  Statement of Intent

 

The purpose of the Award is to provide a framework that allows the Audit Office to meet its specific business needs as well as the needs of its employees.  It also enables those employees to be appropriately rewarded for their contribution and provides flexibility in their employment arrangements and conditions.  The Award was developed using a co-operative and consultative approach to negotiations by the parties.

 

4.  Parties

 

The parties to this Award are:

 

The Audit Office of New South Wales

 

Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales on behalf of the employees of The Audit Office of New South Wales.

 

5.  Remuneration

 

5.1      Basis for Calculating Remuneration

 

(a)      The basis for calculating remuneration for employees in the Audit Office is Total Employment Cost (TEC). Total Employment Cost is expressed as the total of base pay, Superannuation Guarantee Contribution and annual leave loading.

 

For employees in defined benefit superannuation funds the Superannuation Guarantee Contribution component will be deducted from TEC to determine salary, and the current employer superannuation contribution requirements will continue to be made as required.

 

(b)      Remuneration is inclusive of annual leave loading and previously paid skills shortage allowances. Therefore, the separate payment of annual leave loading and skills shortage allowances no longer applies.

 

5.2      Broad Remuneration Bands

 

This Award prescribes the Remuneration Bands for Audit Professional staff and Corporate Professional staff in Part B, Monetary Rates.

 

5.3      Variations to Remuneration Bands

 

(a)      In the Crown Employees (Audit Office) 2004 Award:

 

Remuneration bands applicable from 1 January 2005 were determined based on market benchmarking.

 

From the beginning of the first pay period to commence on or after 1 July 2005, the remuneration bands were increased by 4% in accordance with the Salaries Award increase.

 

From the beginning of the first pay period to commence on or after 1 July 2006, the remuneration bands were increased by 3%.

 

From the beginning of the first pay period to commence on or after 1 July 2007, the remuneration bands were determined based on a market review.

 

(b)      Market benchmarking is used as the basis for determining remuneration bands for each classification in Part B, Monetary Rates.

 

5.4      Appointment and Progression

 

(a)      Audit Professional Levels B and C and Corporate Professional Levels A and B may be appointed at any point within the remuneration pay bands depending on experience, skills and remuneration necessary to attract them to the position.

 

(b)      This Award prescribes the appointment and progression criteria for Auditor at Annexure 2.

 

(c)      School Leavers and Graduates will normally be appointed to Auditor as set out at Annexure 2. However the Auditor-General may appoint Auditors at any pay point dependent on their qualifications, skills and experience.

 

(d)      The Auditor-General may determine the commencing remuneration for new Graduates within the band spanning Auditor 2 pay point 1 to Auditor 2 pay point 2.

 

5.5      Corporate Administrative Staff

 

Corporate Administrative staff (other than Corporate Professional staff identified in Annexure 2 will be classified and graded for remuneration purposes in accordance with the Crown Employees (Administrative and Clerical Officers - Salaries) Award 2007 and the Clerical Officers Public Service Board Agreement No. 2515 of 1988 and Determination No. 877 of 1989.

 

6.  Transition Arrangements as at 1 January 2005

 

6.1      General

 

This section describes the transition arrangements for employees as at 1 January 2005 to positions set out in Annexure 2.

 

6.2      Transition Remuneration

 

(a)      Pre-Award remuneration will be determined for each employee as at the date of their appointment as the total of:

 

Salary

 

Annual leave loading

 

Superannuation Guarantee Contributions

 

Skills shortage allowance

 

Any higher duties allowance which has been paid for 12 months or more

 

Any temporary appointment allowance, which has been paid for 12 months or more.

 

The transition remuneration for employees appointed to positions in the new structure will be their pre-award remuneration plus a salary increase of 3%.  The 3% increase will also be applied to other components of remuneration except the skills shortage allowance and any other items excluded by the Salaries Award.

 

If the initial salary increase resulting from any variation or replacement of the Salaries Award (effective 1 July 2004 or from a later date up to 30 June 2005) is greater than 3%, the Audit Office will match any such increase from the date it applies.

 

However, for Corporate Administrative staff, should the initial increase in the Salaries Award be less than 3% the difference will be offset against any subsequent increase in the Salaries Award.

 

On transition all annual leave loading accrued to the date of transition plus salary increases back dated to their effective dates will be paid within one calendar month of the date of appointment for each employee.

 

(b)      All employees appointed to positions in the new structure will have as a minimum their remuneration maintained at the transition remuneration levels for 12 months from the date of their appointment. Subject to satisfactory performance, remuneration will be maintained inclusive of any increments or advancements under arrangements existing prior to the making of this Award, which would normally fall due during the 12 months maintenance period.

 

(c)      For Audit Professional Levels B and C and Corporate Professional Levels A, B and C

 

(1)      A remuneration assessment will not be carried out in conjunction with the appointment process.  Remuneration levels will not be related to the Percentile and Competency Zones until after the first remuneration assessment process has occurred.

 

(2)      For the purpose of determining minimum guaranteed remuneration levels within the relevant bands, years of experience in current positions will be taken into account as follows:

 

New position	Relevant Position in current structure
Audit Leader	Audit Manager, Senior Audit Manager, Performance
	Audit Manager, Senior Performance Audit Manager
Senior Auditor	Auditor, Performance Auditor
Corporate Professional positions	Equivalent position

 

(3)      Subject to satisfactory performance, employees whose transition remuneration is higher than the 45th percentile of the relevant remuneration band are guaranteed a minimum remuneration for 6 years from the date of their appointment. This will be calculated as their transition remuneration plus a percentage increase each July 1 until 2010. The increase will be the movement in the relevant remuneration band less 0.5% (e.g. if the remuneration band is increased by 4%, the guaranteed increase will be 3.5%).

 

(d)      State Fleet based motor vehicle packaging arrangements will continue for all employees who currently exercise that entitlement and for current Senior Audit Managers and Senior Performance Audit Managers who choose to be part of that arrangement prior to 30 June 2007.

 

(e)      Auditors - Financial Audit

 

(1)      On transition all employees currently in positions up to Audit Senior will be appointed as Auditors at their transition remuneration.  Effective 1 July 2005 they will be appointed at the appropriate Auditor level and pay point based on a review against the progression criteria.

 

(2)      General Scale Audit Clerks appointed under the 2003 School Leaver Program who transition to Auditor are guaranteed, subject to satisfactory performance, progression to Auditor 2 pay point 1 on the second anniversary of their original appointment (viz. 28 January 2005).

 

(3)      Those Audit Seniors who are appointed at their transition remuneration level above the Auditor 4 year 3 pay point and who are not assessed as "proficient" or "advanced" will continue to receive the same level of remuneration, increased annually by the equivalent of the adjustment of the remuneration band.

 

(f)       Current Performance Audit Seniors appointed to the position of Auditor - Performance Audit will be appointed at their transition remuneration.  Thereafter their remuneration will be increased annually by the equivalent of the adjustment of the remuneration band.

 

6.3      Progression

 

(a)      Financial Audit staff appointed to positions of Senior Auditor and above will be required to obtain their professional qualifications within a maximum of 3 years of their appointment.  Required timing within that limit will be agreed with relevant employees on a case-by-case basis. If employees are unable to comply with this requirement they will be redeployed to Auditor level 4. Their remuneration as Auditor 4 will not be less than the minimum applicable to Audit Seniors whose transition remuneration is above the Auditor 4 year 3 pay point.

 

(b)      Project Clerks who transition to Auditor will not be required to complete a degree to progress to Auditor 4.

 

7.  Annual Remuneration Assessment - Audit Professionals Levels B and C, Corporate Professionals Levels A, B and C

 

7.1      General

 

(a)      Remuneration of these employees will be determined annually based on assessed contribution in accordance with the competency zones and minimum guaranteed pay levels set out in Annexure 3.

 

(b)      Determinations resulting from the annual remuneration assessment will have the same effective date as the annual changes to the remuneration bands i.e. effective first pay period to commence in July each year.  Remuneration determinations will be expressed in terms of a percentile of the relevant remuneration band and will be applied to the adjusted dollar range of the remuneration bands.

 

(c)      The remuneration of all Audit Professional Levels B and C and Corporate Professional Levels A, B and C will at least be maintained at the same level at each annual remuneration assessment except where:

 

an employee’s performance has been assessed as "unsatisfactory" and a formal process for managing unsatisfactory performance results in a recommendation to reduce remuneration; or

 

an employee is initially assessed at a percentile rate in the Superior or Expert zone, but the next assessment does not support or does not fully support that assessment.

 

In the circumstance where an employee is initially assessed at a percentile rate in the Superior or Expert zone, the following applies:

 

Superior

 

When an employee is first assessed as "superior" (defined in Annexure 3), the employee’s remuneration will be set at the minimum of the Superior zone and the balance paid as an allowance for the first 12 months.  If the Superior assessment is confirmed at the next annual remuneration assessment (which may be higher or lower than the first "superior" assessment), the employee’s remuneration will be confirmed at the level of the second assessment.

 

If the assessment at the second remuneration assessment is below the superior zone, then the employee’s remuneration will be set at the minimum of the superior zone and will be maintained at that level.

 

Expert

 

When an employee is first assessed as "expert" (defined in Annexure 4), the employee’s remuneration will be set at the minimum of the Expert zone and the balance paid as an allowance for the first 12 months.  If the Expert assessment is confirmed at the next annual remuneration assessment (which may be higher or lower than the first "expert" assessment) the employee’s remuneration will be confirmed at the level of the second assessment.

 

If the assessment at the second remuneration assessment is below the Expert zone, then the employee’s remuneration will be set at the minimum of the Expert zone and will be maintained at that level.

 

Other than these two exceptions, if an employee is assessed at a percentile lower than their then current level and that would result in a reduction in remuneration, they will continue to be paid at the same dollar level until such time as the remuneration for their assessed percentile exceeds their remuneration in dollars through movement of the remuneration bands or the annual remuneration assessment process.

 

(d)      The process will include the following elements:

 

The assessment will be conducted within business guidelines issued by the Board.

 

Recommendations will be prepared by Business Unit Leaders based on a range of inputs, which will include, but not be limited to, performance reviews and advice from other senior staff. Other considerations will include potential for development, specialist skills or knowledge and contribution to Audit Office objectives.

 

Business Unit Leaders within a Branch will review all recommendations for their Branch and forward them to the next level of management for review.

 

A Remuneration Committee will review and consider the recommendations on remuneration for individuals and forward these to the Auditor-General for approval.

 

7.2      Review of Assessment

 

If an employee has any concern with the outcome of their remuneration assessment, they should in the first instance discuss their concerns with their Business Unit Leader. If that discussion does not resolve their concerns, then they may wish to seek advice from Human Resources or a higher level of management. If, following those discussions, their concerns are not satisfied, they may initiate a formal process of review by written request to the Head of Human Resources. The formal process will include review by a panel including, where requested, Association representation. The panel will make recommendations for consideration by the Auditor-General.

 

8.  Performance Management

 

Performance management is the process of integrating the management of the Audit Office with the management of its employees.

 

The Performance Review and Development system is integral to and supports the annual remuneration assessment process.  Full details of the Audit Office Performance Review and Development system are set out in the Audit Office document Performance Review and Development Process.

 

9.  Flexible Work Practices

 

All flexible work practices will be subject to approval by an appropriate level of management, as set out in the Audit Office’s flexible work practices policies.

 

9.1      Flexible Working Hours

 

(a)      Ordinary Working Hours - full-time ordinary working hours shall be 35 hours per week, Monday to Friday.

 

(b)      Settlement period - the settlement period shall be one calendar month.

 

(c)      Contract Hours - the contract hours for a settlement period shall be calculated by multiplying the employee’s working days and public holidays by 7.

 

(d)      Flex Year - the Flex Year is 1 January to 31 December.

 

(e)      Bandwidth - the bandwidth shall be between the hours of 6am and 10pm

 

(f)       Coretime - there is no coretime, but employees must work a minimum of 3.5 consecutive hours (excluding meal breaks) between 9am and 5pm.

 

(g)      Attendance - a maximum of 10 hours per day can be worked as flex time. An employee's attendance outside the hours of a standard day, but within the bandwidth, shall be subject to the availability of work.

 

(h)      Flex Leave - can be taken in multiples of half days.  Up to 2 days flex leave can be taken per settlement period and may be taken consecutively, but cannot be combined with flex leave from another settlement period, except:

 

for employees other than Financial Audit staff, where up to 5 consecutive days flex leave may be taken in each half of the flex year, but cannot be combined.

 

for Financial Audit staff, where up to 5 consecutive days flex leave may be taken between 1 January and 30 June, and any carry over of up to 10 days (70 hours) at 31 October must be taken as flex leave (consecutive or otherwise) between 1 November and 31 December.

 

(i)       A maximum of 24 flex days can be taken per flex year. During designated busy periods, employees may take flex leave only with the approval of their manager and the next level of management.  Designated busy periods are:

 

Financial Audit - 1 July to 31 October and 1 February to 30 April for Audits with 31 December year ends.

 

other areas of the Audit Office - where flex leave is restricted by fluctuating busy periods, appropriate Business Unit Leaders will determine these periods for their respective areas.

 

(j)       Carry Over:

 

a maximum credit carry over of 70 hours to the next Flex period applies to all employees

 

credit hours are to be cleared by 31 December each year with a maximum carry over of 10 hours to the new flex year

 

Financial Audit staff can carry over 105 hours during the period 1 July to 31 December. Where the carry over is more than 70 hours at 31 October, the hours above 70 and up to 105 may also be taken as flex leave by close of business 31 December.  Where this is not practical those hours will be carried over to the new flex year (this carry over includes the 10 hours for all employees, however will not exceed 35 hours).

 

(k)      The maximum debit carry over is 10 hours at all times.

 

(l)       Where the debit exceeds 10 hours, the excess will be debited as leave without pay, unless the staff member elects to be granted available recreation or extended leave to offset the excess.

 

(m)     Meal breaks - there will be a minimum meal break of 30 minutes in every 5 hour period of continuous work. There is no maximum period for a meal break. Employees should consult with their manager in the taking of meal breaks.

 

(n)      The employee and their manager must develop a strategy to ensure that accumulated Flex Leave is monitored and taken in accordance with these arrangements and not forfeited.

 

9.2      Other Flexible Work Practices

 

The options available for other flexible work practices are detailed in Annexure 5.

 

10.  Overtime

 

10.1    Employees may be directed to work overtime, but this must be pre-approved as delegated by the Auditor-General.

 

10.2    An employee may be directed by the Audit Office to work overtime, provided it is reasonable for the employee to be required to do so.  An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working unreasonable hours.  In determining what is unreasonable, the following factors shall be taken into account:

 

the employee’s prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study arrangements

 

any risk to an employee’s health and safety

 

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

 

the notice (if any) given by the Audit Office regarding the working of the overtime, and by the employee of their intention to refuse overtime or

 

any other relevant matter.

 

10.3    Overtime will apply when employees are directed to work:

 

more than 8 hours on a working day or

 

before 7.30am or beyond 7pm on a working day or

 

on a weekend or public holiday.

 

10.4    All overtime will be credited as time in lieu as follows:

 

(a)      in the case of employees up to and including Audit Professional Level B or Corporate Professional staff Level A, in accordance with overtime rates as set out from time to time in the Conditions Award

 

(b)      for employees above those levels, at the rate of time and one half.

 

10.5    Time in lieu of overtime must be taken within 3 months of accrual as a general rule.  This time limit may be extended during designated busy periods within the Flex Time arrangements on a basis consistent with any extended settlement period for Flex Time.

 

10.6    Cash payment for overtime credited as time in lieu may be made at the discretion of the Audit Office where circumstances warrant. This will require approval of Business Unit Leaders or above.

 

10.7    Payment for overtime credited as time in lieu will be calculated as remuneration less the 9% superannuation component. The base rate for calculating payments will be capped at the 45th percentile of the remuneration band for the Audit Professional Level B classification less the 9% superannuation component.

 

11.  Travel Time and Expenses

 

11.1    Excess Travel

 

(a)      Place of Work

 

"Place of work" means the Greater Metropolitan Area defined by a boundary drawn from: to the north, from Broken Bay by the boundary created by the Hawkesbury River to Windsor; to the west, from Windsor by the boundary created by the Nepean River to Camden; to the east, directly across to Campbelltown, then across to the southern boundary of the Royal National Park and Port Hacking.

 

(b)      Place of Employment

 

"Place of Employment" means 1 Margaret Street, Sydney.

 

(c)      Travel time

 

Travel time from home to "place of work" does not form part of working hours. However, excess travel time may be included in working hours where the time spent travelling to and from home and "place of work" in a 5 day working week exceeds 2.5 hours more than the time it would normally take to travel to and from home and "place of employment".  The amount exceeding 2.5 hours will be deemed to be excess travel and may be treated as working hours.

 

11.2    Travel Expenses

 

The Audit Office will reimburse employees for expenses incurred in travel to and from "place of work" to the extent that those expenses exceed their usual cost of travel by public transport between home and their "place of employment".

 

11.3    Country Travel

 

Travel outside of the Greater Metropolitan Area, where overnight accommodation is approved, shall be paid in accordance with the rates as set out from time to time in the Conditions Award.

 

12.  Study Support

 

12.1    The Audit Office is committed to providing study support for employees undertaking tertiary courses and professional qualifications relevant to its business.

 

12.2    In particular, the Audit Office is committed to providing specific study support programs for school leavers to complete an initial degree in accounting and those entering at graduate level to complete professional qualifications with the Institute of Chartered Accountants in Australia or CPA Australia.

 

12.3    Details of support offered are set out in the documents, Undergraduate Study Support Policy, Financial Audit and Postgraduate Study Support Policy.

 

13.  Anti-Discrimination

 

13.1    It is the intention of the parties bound by this Award 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 procedures prescribed in 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 this Award that, 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 remuneration 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.

 

13.6    Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

13.7    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.  Industrial Dispute Settlement Procedure

 

14.1    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, if required.

 

14.2    An employee 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.

 

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 employee to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Auditor-General or delegate.

 

14.4    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.

 

14.5    If the matter remains unresolved with the immediate manager, the employee 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.  This sequence of reference to successive levels of management may be pursued by the employee until the matter is referred to the Auditor-General.

 

14.6    The Auditor-General or the Association may refer the matter to the Director of Public Employment.

 

14.7    If the matter remains unresolved, the Auditor-General shall provide a written response to the employee 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.

 

14.8    An employee, at any stage, may request to be represented by their Association.

 

14.9    The employee or the Association on their behalf or the Auditor-General may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

14.10   The employee, the Association and the Audit Office shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

14.11   Whilst the procedures outlined in subclauses 14.1 to 14.10 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.  In a 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 employee or member of the public.

 

15.  Deduction of Association Membership Fees

 

15.1    The Association shall provide the employer with a schedule setting out Association fortnightly membership fees payable by members of the Association in accordance with the Association's rules.

 

15.2    The Association shall advise the employer of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of Association fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

15.3    Subject to subclauses 15.1 and 15.2 above, the employer shall deduct Association fortnightly membership fees from the remuneration of any employee who is a member of the Association in accordance with the Association's rules, provided that the employee has authorised the employer to make such deductions.

 

15.4    Monies so deducted from employee's remuneration shall be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to employees' Association membership accounts.

 

15.5    Unless other arrangements are agreed to by the employer and the Association, all Association membership fees shall be deducted on a fortnightly basis.

 

15.6    Where an employee has already authorised the deduction of Association membership fees from his or her remuneration prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

16.  Secure Employment

 

16.1    Objective of this Clause

 

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

16.2    Casual Conversion

 

(a)      A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

(b)      Every employer of such a casual employee shall give the employee notice in writing of the provisions of this subclause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

(c)      Any casual employee who has a right to elect under paragraph 16.2(a), upon receiving notice under paragraph 16.2(b) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse.  Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(d)      Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

(e)      Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

(f)       If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph 16.2(c), the employer and employee shall, in accordance with this paragraph, and subject to paragraph 16.2(c), discuss and agree upon:

 

(1)      whether the employee will convert to full-time or part-time employment; and

 

(2)      if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

(g)      Following an agreement being reached pursuant to paragraph (f), the employee shall convert to full-time or part-time employment.  If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(h)      An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

16.3    Occupational Health and Safety

 

(a)      For the purposes of this subclause, the following definitions shall apply:

 

(1)      A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(2)      A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

(b)      Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(1)      consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

(2)      provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(3)      provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(4)      ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(c)      Nothing in this subclause 16.3 is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

16.4    Disputes Regarding the Application of this clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the Grievance and Dispute Settling Procedures of this award.

 

16.5    This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

17.  Area, Incidence and Duration

 

17.1    The purpose of this Award is to partially regulate the terms and conditions of employment of employees appointed to positions covered by the classifications in Annexure 2.

 

17.2    Other terms and conditions, except as provided for within this Award, shall be those determined from time to time under the Conditions Award.

 

17.3    Where there may be inconsistencies between this Award and the Conditions Award or Salaries Award (as varied or replaced), the arrangements in this Award shall prevail.

 

17.4    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Audit Office) Award 2008 published 17 June 2005 (351 I.G. 1008), as varied.

 

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 21 April 2008.

 

The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Effective from the beginning of the first pay period to commence on or after 1 July 2007

 

Table 1 - Remuneration Bands

 

Classifications	Minimum	Maximum
	$	$
Audit Professional	29,097	74,663
Level A
Audit Professional	70,271	104,721
Level B
Audit Professional	98,818	138,806
Level C
Corporate Professional	70,614	98,979
Level A
Corporate Professional	84,956	131,597
Level B
Corporate Professional	125,781	152,967
Level C

 

Table 2 - Audit Professional Level A Pay Points

 

	Pay Point 1	Pay Point 2	Pay Point 3	Pay Point 4	Pay Point 5
	$	$	$	$	$
Level 1	29,097	31,402	35,135	40,625
Level 2	45,017	48,860
Level 3	52,703	57,095	61,487
Level 4	63,683	66,977	70,271	72,466	74,663

 

Auditors who are full members of the ICAA or CPAA are entitled to additional remuneration of $1,000 per annum.

 

Annexure 1

 

Progression in Auditor 1 - 4 Financial Audit

 

Progression Within Level
Auditor 1	Auditor 2	Auditor 3	Auditor 4
School leavers	Graduates commence on	Commence on year 1	Commence on year 1 pay
commence on the	year 1 pay point of	pay point of Auditor 3.	point of Auditor 4.
minimum remuneration	Auditor 2.
of Auditor 1		After 12 months progress	After 12 months progress
	After 12 months:	within Auditor 3 if	within Auditor 4, subject
After 6 months from		progression to Auditor 4	to assessment, which will
commencement school	Confirm or reject	is not achieved	consider:
leavers progress to the	permanent appointment
second pay point.	of Graduates.	After this, can progress	progress in the CA/CPA
		within remuneration	program (school leavers
After 12 months from	Progress to year 2	range of Auditor 3,	must have commenced
commencement confirm	remuneration pay	subject to satisfactory	studies to progress within
or reject permanent		work performance as	the remuneration band)
appointment.  If	point if progression to
confirmed progress to the	Auditor 3 is not	evidenced by job reports	achievement of
third pay point.	achieved.	and appraisals and study.	competencies
After 18 months from			performance reviews
commencement school
			completion of Learning
leavers progress to the			& Development
maximum remuneration			requirements
of Auditor 1.
			contribution to Audit
			Office objectives.

 

Progression to Next Level
Auditor 1	Auditor 2	Auditor 3	Auditor 4
School leavers - progress	Graduates - progress to	Graduates - Progress to
to Auditor 2 after initial	Auditor 3 subject to	Auditor 4 subject to
24 months, subject to	satisfactory work	assessment, which will
satisfactory performance	performance as	consider:
in:	evidenced by
	performance reviews and	Progress in the CA/CPA
Work as evidenced by	satisfactory progress in	program.
performance reviews.	the CA/CPA program.
		Achievement of
Study.	School leavers - progress	competencies
	to Auditor 3 subject to
	satisfactory work	Performance reviews.
	performance in:
		Completion of Learning
	Work as evidenced by	& Development
	performance reviews.	requirements.
	Study.
		Contribution to Audit
		Office objectives.
		School leavers - progress
		to Auditor 4 subject to:
		Completion of a standard
		accounting degree.
		Satisfactory work
		performance as
		evidenced by
		performance reviews.

 

Annexure 2

 

Appointment of Staff to Positions in the New Structure on Transition

 

Effective 1 January 2005

 

Appointment of staff to positions in the new structure on transition will be based on their current positions as follows:

 

Current Position	New Position	Remuneration Classification
Performance Audit
Senior Performance Audit	Audit Leader	Audit Professional Level C
Manager
Performance Audit Manager	Audit Leader	Audit Professional Level C
Performance Auditor	Senior Auditor	Audit Professional Level B
Performance Audit Senior	Auditor	Audit Professional Level A
Financial Audit
Senior Audit Manager	Audit Leader	Audit Professional Level C
Audit Manager	Audit Leader	Audit Professional Level C
Auditor	Senior Auditor	Audit Professional Level B
Project Clerk	Auditor	Audit Professional Level A
Audit Senior	Auditor	Audit Professional Level A
Senior Audit Clerk	Auditor	Audit Professional Level A
Audit Clerk Grade 1/2	Auditor	Audit Professional Level A
Trainee Auditor (Graduate)	Auditor	Audit Professional Level A
Audit Clerk General Scale	Auditor	Audit Professional Level A
Corporate Services
Finance and Administration	Finance and Administration	Corporate Professional level B
Manager	Manager
Manager Computer Operations	Manager Computer Operations	Corporate Professional level B
Manager Business Systems	Manager Business Systems	Corporate Professional level B
Learning and Development	Learning and Development	Corporate Professional level B
Manager	Manager
Employee Relations Manager	Employee Relations Manager	Corporate Professional level B
Office Services Manager	Office Services Manager	Corporate Professional level A
Financial Accountant	Financial Accountant	Corporate Professional level A
Client Systems Co-ordinator	Client Systems Co-ordinator	Corporate Professional level A
Network Systems Administrator	Network Systems Administrator	Corporate Professional level A
Corporate Services
All positions up to Clerk Grade	Equivalent Position	Current Awards per clause 5.5.1
5/6

 

Annexure 3

 

Remuneration Bands with Competency Zones

 

 

Minimum guaranteed levels of remuneration, subject to satisfactory performance, exist within the remuneration bands for Audit Professional Levels B and C and Corporate Professional Levels A and B as follows:

 

After 1 Year	-	minimum percentile 15% of remuneration band
After 2 Years	-	minimum percentile 25% of remuneration band
After 3 Years	-	minimum percentile 35% of remuneration band
After 4 years	-	minimum percentile 45% of remuneration band

 

Competency zones, expressed in percentiles of the remuneration band, will be set at the beginning of each three-year period and will not be altered during the life of the Award. When a remuneration band is adjusted, the Competency Zone Percentiles will be applied to the new remuneration band.

 

Zone Definitions

 

Zone	Title	Description
5	Expert/Role	Very experienced and/or outstanding performer.  Role model and advisor
	Model	to peers and/or highly promotable.
4	Superior Role	Very experienced.  Sustained high performer. May be ready for promotion.
	Performance	Provides technical and other advice to less experienced peers.
3	Competent Role	Capable of independently performing role responsibilities.  Consistently
	Performance	meets performance requirements.  Well developed technical skills.
2	Developing Skills	Adequate performance, but requiring of further development.
1	Entry Level	Recent appointee. Learning to perform role responsibilities.

 

Annexure 4

 

Other Flexible Work Practices

 

Flexible work practices available to employees, subject to approval are:

 

(a)      Working weekends and public holidays at employee’s request, will be compensated with time off during the week on an hour for hour basis (not at overtime rates).

 

(b)      Compressed working week or working fortnight arrangements. Such arrangements would include 35 hours in 4 days (average 8.75 hours per day) or 70 hours in 9 days (average 7.77 hours per day).

 

(c)      Term Working for specific periods during the year (not restricted to school terms). Remuneration will be averaged (annualised over the full period) so that the employee is paid the same amount every fortnight throughout the year.

 

(d)      Deferred Remuneration.  For instance, an employee who works for 4 years and takes the 5th year off will receive the deferred portion of their first 4 years annual remuneration in the 5th year.

 

(e)      Working from home on a temporary or ad hoc basis for a maximum of 12 days per annum.  Permanent or long term working from home arrangements will be subject to the business unit leader’s approval and meeting occupational health & safety requirements.

 

(f)       Job share and part time work.

 

(g)      Leave without pay.  Such requests will be considered on a case-by-case basis.

 

(h)      Career Break Scheme for up to 3 years maximum.

 

 

 

D.W. RITCHIE, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.