NEW SOUTH WALES LOTTERIES CORPORATION (SALARIES AND ALLOWANCES) 2000
AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to
section 19 of the Industrial Relations
Act 1996.
(No. IRC 1153 of 2001)
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Before The Honourable Mr Deputy President Harrison
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6 April and 7 May
2001
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REVIEWED AWARD
PART A
1. Arrangement
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Clause No.
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Subject Matter
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1.
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Arrangement
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2.
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Definitions
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3.
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Intention
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4.
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Salaries
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5.
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Allowances
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6.
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No Extra Claims
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7.
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Anti- Discrimination
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8.
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Grievance and Dispute Resolution
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9.
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Area, Incidence and Duration
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PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Allowances
2. Definitions
In this Award:
"Act" means the State Owned Corporations Act 1989.
"The Corporation" means the New South Wales
Lotteries Corporation which was established as a Statutory State Owned
Corporation under the Act by the New South Wales Lotteries Corporatisation Act 1996.
"Chief Executive Officer" means the Chief
Executive Officer of NSW Lotteries Corporation as defined by the Act.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Employee" means:
a) "Full-time
Employee" a person employed on ordinary hours of work on a regular ongoing
basis, either under a flexible working hours arrangement or in rostered
shiftwork.
b) "Part-time
Employee" a person employed for less than the ordinary hours of work of an
equivalent full-time employee and who has regular employment on an ongoing
basis, either under a flexible working hours arrangement, or under an agreed
fixed starting and finishing times arrangement, or in rostered shiftwork.
c) "Temporary
Employee" a person employed for a limited and specified period of up to
twelve months in duration, except where extended with the approval of the Chief
Executive Officer or delegate.
d) "Casual
Employee" a person employed on an irregular, intermittent and hourly
basis.
"Crown Employees Award" means the Crown Employees
(Public Sector -Salaries January 2000) Award which award was made by the
Industrial Relations Commission of New South Wales on 21 March 2000.
"Memorandum of Understanding" means the document
agreed between the New South Wales Government and the Health and Research
Employees’ Association of NSW, NSW Nurses’ Association, Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales, and Labor Council of NSW entered into on 2 March 2000.
3. Intention
a) The employees
of the Corporation covered by this Award will receive salaries and salary
increases not less than those received by the employees covered by the Crown
Employees Award.
b) Should the
Industrial Relations Commission of NSW increase the salary rates for the
employees covered by the Crown Employees Award or an award replacing that
award, then the Corporation will pay the higher amount in lieu of salary rates
in this award. Such higher salary rates
shall be paid from the date awarded by the Industrial Relations Commission of
New South Wales.
The parties intend that any such salary will be reflected in
this award either by variation to it or by the making of a new award.
c) Should the
Industrial Relations Commission of New South Wales increase salary rates for
the employees covered by the Crown Employees Award, or an award replacing that
award, to an amount below that payable to employees of the Corporation, then
the Corporation will continue to pay the higher salary rate provided by this
Award or an award replacing that Award.
4. Salaries
a) The salaries
payable are prescribed in Part B, Monetary Rates, of this Award.
b) The salaries
prescribed in Part B, Monetary Rates, of this Award, reflect increases
specified below:
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Date of Salary Variation - The First Full Pay Period to
Commence on or After
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Percentage Increase in Rate of Salary
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1
January 2001
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2%
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c) Salary
Sacrifice to Superannuation
(i) Notwithstanding
the salaries prescribed by Clause 4 Salaries, and Table 1- Salaries of Part B
Monetary Rates, of this Award, an employee may elect, subject to the agreement
of the Corporation to sacrifice a portion of the salary payable under Clause 4
Salaries and Part B of this Award, to additional employer superannuation
contributions. Such election must be
made prior to the commencement of the period of service to which the earnings
relate. The amount sacrificed must not
exceed thirty (30) percent of the salary payable under Clause 4 or thirty (30)
percent of the currently applicable superannuable salary, whichever is the
lesser. In this clause,
"superannuable salary" means the employee’s salary as notified from
time to time to the New South Wales public sector superannuation trustee corporations.
(ii) Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(a) subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYE taxation deductions by the amount of that
sacrificed portion;
and
(b) any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award or Act which is expressed to be determined by reference to an employee’s
salary, shall be calculated by reference to the salary which would have applied
to the employee under Clause 4 of this Award in the absence of any salary
sacrifice to superannuation made under this Award.
(iii) The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(a) paid into the
superannuation scheme established under the First State Superannuation Act 1992
as optional employer contributions; or
(b) subject to the
Corporation’s agreement paid into a private sector complying superannuation
scheme as employer superannuation contributions.
(iv) Where an
employee elects to salary sacrifice in terms of Clause (iii) above, the
Corporation will pay the sacrificed amount into the relevant superannuation
fund.
(v) Where the
employee is a member of a superannuation scheme established under:
(a) the Superannuation Act 1916;
(b) the State Authorities Superannuation Act
1987;
(c) the State Authorities Non-contributory
Superannuation Act 1987; or
(d) the First State Superannuation Act 1992;
the Corporation must ensure that the amount of any
additional employer superannuation contributions specified in subclause (i)
above is included in the employee’s superannuable salary which is notified to
the New South Wales public sector superannuation trustee corporations.
(vi) Where, prior
to electing to sacrifice a portion of their salary to superannuation, an
employee had entered into an agreement with the Corporation to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in sub-clause (v) above, the Corporation
will continue to base contributions to that fund on the salary payable under
Clause 4 to the same extent as applied before the employee sacrificed portion
of that salary to superannuation. This
clause applies even though the superannuation contributions made by the Corporation
may be in excess of superannuation guarantee requirements after the salary
sacrifice is implemented.
5. Allowances
(A) Allowance
First-aid Allowances
(i) An allowance
prescribed in (i) of Table 2 - Allowances, of Part B, Monetary Rates, shall be
paid to employees appointed as First-aid Officers who are holders of a current
First-aid certificate.
(ii) An allowance
prescribed in (ii) of the said Table 2, shall be paid to an employee appointed
as a First-aid Officer who is a holder of a current Occupational First-aid
certificate or a qualification deemed equivalent in the Occupational Health and
Safety (First-aid) Regulation 1989, in lieu of the allowance set out in (i) of
the said Table 2.
Community Language Allowance
(i) An allowance
prescribed in (iii) of Table 2 shall be paid to employees appointed as
Community Language Allowance recipients who possess a basic level of competence
in a community language and who work in locations where their community
language can be utilised to assist clients and:
have passed a test conducted by an accredited organisation;
are not employed as interpreters and translators; and
are not employed in those positions where particular
language skills are an integral part of essential requirements of the position.
(ii) Employees who
qualify receive only one allowance regardless of the number of languages
spoken.
(B) Increases
Such related allowances shall be increased during the term
of this award by the rates and from the first pay period on or after the dates
detailed hereunder:
2% - 1 January 2001.
6. No Extra
Claims
a) The pay
increase provided under this award arises from the agreement of the parties as
contained in the Memorandum of Understanding.
This Memorandum of Understanding will be used as the basis to consider a
reform agenda specific to the Corporation, to be agreed between the Association
and the Corporation.
b) The pay
increases provided by this Award are premised on the basis that there shall be
no new salaries or conditions claims arising from negotiations of productivity
and efficiency improvements covered by the agreement referred to in subclause
(a) of this Clause.
c) The no extra
claims commitment does not preclude any claims that may arise following the
adoption of a new Equal Remuneration Principle by the Industrial Relations
Commission of New South Wales.
7. Anti-Discrimination
a) 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.
b) 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 discriminatory
effect.
c) 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.
d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(iv) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) 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
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) 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."
8. Grievance And
Dispute Resolution
Any dispute between employee(s), the Association and the
Corporation should follow the steps below.
In addition, the underlying principles relating to the resolution of
grievances should be followed in dealing with disputes. The Industrial
Relations Act 1996 specifies that normal work must continue while these
procedures are being followed. If a
health or safety risk is present, the Human Resources Manager should be
notified for appropriate assessment and action.
Step 1 Employee(s) or
the Association representative should contact the relevant supervisor in the
first instance. The supervisor must
commence to deal with the dispute as quickly as possible.
Step 2 If the dispute is
not resolved, the employees or Association representative may request another
meeting where the Corporation will be represented by the immediate supervisor
and the next level manager.
Step 3 All unresolved
disputes will be referred to the Corporation’s Human Resources Manager who will
attempt to further mediate the dispute.
Step 4 If the dispute is
unresolved, the employee(s) or Association representative may approach the
Director Corporate Services to resolve the dispute. Where the grievance has industrial or human resource
implications, the Director Corporate Services should seek the advice of the
Chief Executive Officer.
Step 5 If the dispute is
still unresolved, the employee(s), the Association or the Corporation may refer
the dispute to the Industrial Relations Commission of New South Wales.
9. Area,
Incidence And Duration
a) This Award
applies to employees of the Corporation as defined in clause 2 Definitions of
Part A of this award.
b) Employees are
entitled to the provisions of this award and to the provisions of the New South
Wales Lotteries Corporation (Conditions of Employment) 1998 Award made 6 April
and 7 May 2001.
c) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the New
South Wales Lotteries Corporation (Salaries and Allowances) 2000 Award
published 10 November 2000 (320 IG 147).
d) This award
takes effect on and from 7 May 2001 and remains in force thereafter until 31
December 2001, this being the unexpired term of the award.
PART B
MONETARY RATES
Table 1 - Salaries
The rates detailed are to apply from the first pay period
after the dates detailed hereunder:
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Old Classification/ Grade Clerical Officers Grade 1-2
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New Pay Step
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1/1/2001 2%
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increase
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1st Year Under 17
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1
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16,078
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2nd Year or 17
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2
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19,344
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3rd Year or 18
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3
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23,298
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4th Year or 19
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4
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24,868
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5th Year or 20
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5
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26,802
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6th Year or 21
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6
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27,534
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7th Year
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7
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28,699
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8th Year
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8
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29,219
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9th Year
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9
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29,944
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10th Year
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10
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31,051
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11th Year
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11
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32,176
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12th Year
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12
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33,365
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Old Classification/ Grade Clerks Grades 1 - 12
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New Pay Step
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1/1/2001
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2%
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increase
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Grade 1
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1st Year
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13
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35,203
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Thereafter
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14
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36,238
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Grade 2
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1st Year
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15
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37,248
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Thereafter
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16
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38,269
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Grade 3
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1st Year
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17
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39,355
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Thereafter
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18
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40,541
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Grade 4
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1st Year
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19
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41,808
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Thereafter
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20
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43,092
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Grade 5
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1st Year
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21
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46,456
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Thereafter
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22
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47,922
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Grade 6
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1st Year
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23
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49,800
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Thereafter
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24
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51,260
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Grade 7
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1st Year
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25
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52,795
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Thereafter
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26
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54,375
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Grade 8
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1st Year
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27
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56,640
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Thereafter
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28
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58,440
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Grade 9
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1st Year
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29
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60,182
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Thereafter
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30
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61,874
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Grade 10
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1st Year
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31
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64,401
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Thereafter
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32
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66,319
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Grade 11
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1st Year
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33
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69,606
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Thereafter
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34
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72,558
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Grade 12
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|
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1st Year
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35
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77,103
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Thereafter
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36
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80,499
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Classification/Grade
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1/1/2001 2% increase
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Display Officer
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1st Year
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38,629
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2nd Year
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40,134
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3rd Year
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41,808
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4th Year
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43,092
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5th Year
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44,783
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Table 2 - Allowances
The rates shown are to apply from the first pay period on or
after the dates detailed hereunder:
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Allowance
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1/1/2001 2% increase
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i)
First-aid
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505
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ii)
Occupational First-aid
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761
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iii) Community
Language
|
787
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R. W. HARRISON D.P.
__________________
Printed by the authority of the Industrial Registrar.