Crown Employees (NSW Department of Justice) State Library Security Staff Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Case No. 134023 of 2019)

 

 

REVIEWED AWARD

 

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.      Deduction of Union Membership Fees

11.      Grievance and Dispute Settling Procedures

12.      Anti-Discrimination

 

13.      Area Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

PART A

 

1.  Definitions

 

"The Crown Award" means the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or any variation or replacement Award.

 

"Department" means - The NSW Department of Premier and Cabinet.

 

"Department Head" means - The Secretary of the NSW Department of Premier and Cabinet.

 

"Industrial Relations Secretary” means the Secretary of Treasury as defined in section 49 of the Act.

 

"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 (NSW Department of Premier and Cabinet) State Library Security Staff Award.

 

3.  Parties to the Award

 

The parties to the Award are the Industrial Relations Secretary and the PSA.

 

4.  Salaries

 

(a)       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.

 

(b)       The annualised salaries provided for in this award are calculated by using the shift loadings contained in the "Shift Work and Overtime" provisions of the Crown Award.

 

(c)       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.

 

(d)       Salaries paid to staff employed as Security Officers at the State Library will be as per Table 1 of Part B of this Award.

 

(e)       This award is listed in Schedule A of the Crown Employees (Public Sector – Salaries 2019) Award and salaries payable to employees shall be in accordance with that award or any award replacing it. The rates set out at Table 1 of Part B of this Award are subject to the rates as set by the Crown Employees (Public Sector - Salaries 2019) Award or any award replacing it.

 

5.  Conditions of Employment

 

(a)       Except as where varied by this Award conditions of employment shall be as provided for in the Crown Award.

 

(b)       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.

 

(c)       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.

 

(d)       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.

 

(e)       First aid allowances in line with the Crown Award will be paid to staff that acquire a first aid certificate.

 

(f)       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.

 

(g)       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 roles are filled as expeditiously as possible.

 

6.  Hours of Work

 

(a)       Hours of work shall continue to be thirty-five (35) hours per week worked over a seven (7) day roster.

 

(b)       The State Library may require a Security Officer to perform duty beyond the hours determined above but only if it is reasonable for the Security Officer to be required to do so.  A Security Officer may refuse to work additional hours in circumstances where the working of such hours would result in them working unreasonable hours.  In determining what is unreasonable the following factors shall be taken into account:

 

(1)       the Officer’s prior commitments outside the workplace, particularly the Officer’s family and carer responsibilities, community obligations or study arrangements,

 

(2)       any risk to Security Officer health and safety,

 

(3)       the urgency of the work required to be performed during additional hours, the impact on the operational commitments of the organisation and the effect on client services,

 

(4)       the notice (if any) given by the State Library regarding the working of the additional hours, and by the Security Officer of their intention to refuse the working of additional hours, or

 

(5)       any other relevant matter.

 

7.  Shift Loadings

 

The annualised salaries provided for in this Award are based on the current rosters and are calculated by using the penalties contained in the "Shift Work and Overtime" provisions of the Crown Award.

 

8.  Incremental Progression

 

Security Officers will be entitled to the next increment, up to the 4th year increment, after 12 months’ service, subject to satisfactory attendance, conduct and performance of duties.

 

9.  Local Arrangements

 

(a)       Payment of Security Licence fees will be as agreed between the State Library and Security Staff.

 

(b)       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.  Deduction of Union Membership Fees

 

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

 

(b)       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 union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

(c)       Subject to (a) and (b) above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union's rules, provided that the employee has authorised the employer to make such deductions.

 

(d)       Monies so deducted from employee's pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees' union membership accounts.

 

(e)       Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

(f)       Where an employee has already authorised the deduction of union membership fees from his or her pay 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.

 

11.  Grievance and Dispute Settling Procedures

 

(a)       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  Department, if required.

 

(b)       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.

 

(c)       Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes it impractical for the staff member to advise their immediate manager, the notification may occur to the next appropriate level of management, including where required, to the Department Head or delegate.

 

(d)       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.

 

(e)       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.  The staff member may pursue this sequence of reference to successive levels of management until the matter is referred to the Department Head.

 

(f)       The Department Head may refer the matter to the Industrial Relations Secretary for consideration.

 

(g)       If the matter remains unresolved the Department Head shall provide a written response to the staff member 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.

 

(h)       A staff member, at any stage, may request to be represented by their union.

 

(i)        The staff member or the union on their behalf, or the Department Head may refer the matter to the Industrial Relations Commission NSW if the matter is unresolved following the use of these procedures.

 

(j)        The staff member, the union, the Department Head and the Industrial Relations Secretary shall agree to be bound by any order or determination by the Industrial Relations Commission NSW in relation to the dispute.

 

(k)       Whilst the procedures outlined in subclauses (a) to (j) 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 work 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.

 

12.  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, age and responsibilities as a carer.

 

(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 or indirect 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:

 

(1)       any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(2)       offering or providing junior rates of pay to persons under 21 years of age;

 

(3)       any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(4)       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:

 

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

 

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."

 

13.  Area, Incidence and Duration

 

(a)       This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (NSW Department of Premier and Cabinet) State Library Security Staff Award published 21 August 2019 (380 I.G. 1122), as varied.

 

(b)       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 22 August 2019.

 

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

 

PART B

 

MONETARY RATES

 

The annualised salary rates as at 1 July 2019 as listed in Table 1 below.

 

The annualised salary rates incorporate shift penalties as per clause 4, Salaries.

 

Table 1 - Rates of Pay

 

 

 

 

P. M. KITE, Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.