Crown
Employees (State Emergency Service Communication Centre - Continuous Shift
Workers) Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales, Industrial Organisation of Employees.
(No. IRC 3280 of 2006)
Before The Honourable
Justice Schmidt
|
17 October 2006
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Application
5. Coverage
6. Salaries
7. Overview
of Shift Arrangements
8. Rostering
Arrangements
9. Shift
Work
10. Senior
Team Leaders
11. Maximum
Hours
12. Meal
Breaks
13. Breaks between
Shifts and Shift Cycle Changes
14. Daylight
Saving
15. Alteration
to Hours of Work
16. Exchange
of Shifts
17. Hearing
and Eye Sight Testing
18. Higher
Duties Shift Relief
19. Occupational
Health and Safety
20. Representation
21. Anti
Discrimination
22. Grievance
and Dispute Settling Procedures
23. Conditions
Fixed By Other Instruments of Employment
24. Existing
Entitlements
25. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salary
Schedule
2. Title
This award shall be known as the Crown Employees (State
Emergency Service Communication Centre - Continuous Shift Workers) Award 2006.
3. 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.
Award means an award as defined in the Industrial
Relations Act 1996.
Casual Employee means any employee engaged in terms of
Chapter 2, Part 2.6 Casual Employees, of the Public Sector Employment and
Management Act 2002 and any guidelines issued thereof or as amended from
time to time.
DPE means the Director of Public Employment established
under Chapter 6 of the Public Sector Employment and Management Act 2002,
formerly the Public Employment Office
First Shift Standby Roster means that Senior Team Leaders
will be on a standby roster and in the event of an emergency can be called into
the Communication Centre to support operations.
Full-time Staff Member means a staff member whose ordinary
hours of duty are specified as such in a formal industrial instrument or whose
contract hours are equivalent to the full-time contract hours of 35 hours.
On Duty means the time required to be worked for the
Service.
Ordinary Hourly Rate of Pay means the hourly rate equivalent
of the annual rate of pay of the classification calculated using the formula
set out in paragraph (ii) (a) of clause 12, Casual Employment, of the Crown
Employees (Public Service Conditions of Employment ) Reviewed Award 2006.
Overtime means all time worked, whether before or after the
ordinary rostered hours of duty, at the direction of the Department Head,
which, due to its character or special circumstances, cannot be performed during
the staff members ordinary hours of duty.
Part-time Staff Member means a staff member whose ordinary
hours of duty are specified as part-time in a formal industrial instrument or
whose contract hours are less than the full-time hours.
Public Holiday means a day proclaimed under the Banks and
Bank Holidays Act 1912, as a bank or a public holiday. This definition does
not include a Saturday which is such a holiday by virtue of section 15A of that
Act, and 1 August or such other day that is a bank holiday instead of 1 August.
Service means the NSW State Emergency Service.
Service After Hours and On Call Remuneration Arrangements
refers to the State Emergency Service policy for after hours and on call
remuneration arrangements issued in July 2005.
Shift Worker - Continuous Shifts means a staff member
engaged in work carried out in continuous shifts throughout the 24 hours of
each of at least six consecutive days without interruption except during
breakdown or meal breaks or due to unavoidable causes beyond the control of the
Department Head.
4. Application
This award was negotiated between the State Emergency
Service, the DPE and the Association.
5. Coverage
The provisions of this award shall apply to officers and
temporary employees (both full-time and part-time staff members), as defined in
the Public Sector Employment and Management Act, 2002 employed by the State
Emergency Service in positions in the Communication Centre (ComCen) classified
as ComCen Senior Team Leader, ComCen Team Leader, ComCen Call Operator and
casual employees in these positions.
6. Salaries
Salaries for employees covered by this award are set out at
Part B Monetary Rates Table 1 - Salary Schedule of the award. These salaries
shall move in accordance with the Clerical Officer Public Service Board
Agreement No.2515 of 1988 and Determination No877 of 1989 and/or the Crown
Employees (Public Sector - Salaries
2004) Award or any variation or replacement award.
Salary Progression shall be by way of annual increment, according
to the requirements in the Personnel Handbook, Section 5.2.10.
7. Overview of Shift
Arrangements
(a) The ComCen
will operate on a 24 (twenty four) hours per day, 7 (seven) days per week basis
across the entire year.
(b) ComCen staff will
work the equivalent of 35 hours per week over a roster period.
(c) Shifts will be
for 8.5 (eight and a half) hours less a 30 minute unpaid meal break, except as
specified in clause 10 Senior Team Leaders.
(d) The Day Shift
shall be from 06:30 to 15:00 hours.
(e) The Afternoon
Shift shall be from 14:30 to 23:00 hours.
(f) The Night
Shift shall be from 22:30 to 07:00 hours.
8. Rostering
Arrangements
(a) A roster will
cover a minimum period of 4 (four) weeks up to maximum period of 16 (sixteen)
weeks.
(b) The roster
cycle will work on a rotating three shift system with a forward rotation (day
then afternoon then night) with breaks between rotations.
(c) Rosters are to
be published with as much notice as possible, but in any case a minimum 2 (two)
weeks in advance before commencement of the roster.
(d) Each roster
shall indicate the starting and finishing time of each shift. Where current or
proposed shift arrangements are incompatible with the shift worker’s family,
religious or community responsibilities, every effort to negotiate individual
alternative arrangements shall be made by the Department Head.
(e) Nothing in
this award is intended to circumvent Section 22 (1) of the NSW Industrial
Relations Act 1996.
9. Shift Work
(a) Shift Loadings
- A shift worker employed on a shift shall be paid, for work performed during
the ordinary hours of any such shift, ordinary rates plus the following
additional shift loadings depending on the commencing times of shifts:
Day - at or after 6am and before 10am
|
Nil
|
Afternoon - at or after 10am and before 1pm
|
10.0%
|
Afternoon - at or after 1pm and before 4pm
|
12.5%
|
Night - at or after 4pm and before 4am
|
15.0%
|
Night - at or after 4am and before 6am
|
10.0%
|
(b) The loadings
specified in subclause (a) of this clause shall only apply to shifts worked
from Monday to Friday.
(c) Weekends and
Public Holidays - For the purpose of this clause any shift, the major portion of
which is worked on a Saturday, Sunday or Public Holiday shall be deemed to have
been worked on a Saturday, Sunday or Public Holiday and shall be paid as such.
(d) Saturday
Shifts - Shift workers working on an ordinary rostered shift between midnight
on Friday and midnight on Saturday which is not a public holiday, shall be paid
for such shifts at ordinary time and one half.
(e) Sunday Shifts
- Shift workers working on an ordinary rostered shift between midnight on
Saturday and midnight on Sunday which is not a public holiday, shall be paid
for such shifts at ordinary time and three quarters.
(f) Public
Holidays -
(1) Where a shift
worker is required to and does work on a Public Holiday, the shift worker shall
be paid at two and a half times the rate for time worked. Such payment shall be
in lieu of weekend or shift allowances which would have been payable if the day
had not been a Public Holiday;
(2) A shift worker
rostered off duty on a Public Holiday shall elect to be paid one day’s pay for that
Public Holiday or to have one day added to his/her annual holidays for each
such day;
(g) Annual leave -
will accrue at the rate of four weeks per year for a full time employee, that
is 20 working days plus 8 rest days.
(h) Additional
leave - will accrue for a full time employee on the following basis:
Number of ordinary
shifts worked on Sunday and/or public
|
Additional leave
|
holiday during a
qualifying period of 12 months from 1
|
|
December one year
to 30 November the next year
|
|
4-10
|
1 additional day
|
11-17
|
2 additional days
|
18-24
|
3 additional days
|
25-31
|
4 additional days
|
32 or more
|
5 additional days
|
10. Senior Team
Leaders
(a) Positions classified
as Senior Team Leaders will play an important role in the handover from day to
night operations so they will be predominantly rostered on duty on Afternoon
Shifts from 14:00 to 23:00 hours.
(b) Shifts will be
for 9 (nine) hours less a 30 minute unpaid meal break.
(c) Senior Team
Leaders will be rostered on a day shift (no penalty payments apply) on at least
a fortnightly basis to complete scheduling, reporting and administration
activities.
(d) Senior Team
Leaders will be nominated to provide a First Shift Standby Roster function when
required and the arrangements and remuneration are to be consistent with the
current Service After Hours and On Call Remuneration Arrangements negotiated
with the Service’s Joint Consultative Committee.
11. Maximum Hours
(a) The maximum
hours to be worked in a day or a week (7 days) should not exceed the following,
other than in emergency circumstances:
(1) Maximum of 6
consecutive shifts;
(2) Maximum of 4
consecutive night shifts;
(3) Maximum 48 hours
rostered per week.
12. Meal Breaks
(a) During a
normal shift, staff as a minimum must take at least one unpaid meal break of at
least 30 minutes, plus two shorter paid breaks totalling 30 minutes.
(b) Meal breaks
must be given to and taken by staff members. No staff member shall be required
to work continuously for more than 5 hours without a meal break.
13. Breaks Between
Shifts and Shift Cycle Changes
(a) Breaks between
shifts should not be less than 12 (twelve) consecutive hours.
(b) There should
be a minimum of 2 (two) days off between shift cycle changes.
(c) In emergencies
where a worker needs to remain on duty after a shift, the minimum break between
shifts should never be less than 10 (ten) hours and should be compensated as
soon as possible with a longer break.
(d) If a shift
worker resumes or continues to work without having had eight (8) consecutive
hours off duty, the shift worker shall be paid overtime in accordance with
clause 90, Overtime Worked by Shift Workers, in the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2006, until released from duty
for eight (8) consecutive hours. The shift worker will then be entitled to be
off duty for at least eight (8) consecutive hours without loss of pay for
ordinary working time which falls during such absence.
(e) Time spent off
duty may be calculated by determining the amount of time elapsed after:
(1) The completion
of an ordinary rostered shift; or
(2) The completion
of authorised overtime; or
(3) The completion
of additional travelling time, if travelling on duty, but shall not include
time spent travelling to and from the workplace.
14. Daylight Saving
For work performed which spans the time of introduction or
cessation of a system of daylight saving as prescribed by relevant State
legislation, a shift worker shall be paid according to the actual hours worked.
Rostering arrangements will ensure that at least the minimum working hours are
maintained.
15. Alteration to
Hours of Work
(a) Rosters once
determined and made available may be altered by:
(1) The Service by
giving two week’s notice of the requirement to change the arrangements of hours
or the shift roster under normal circumstances; or
(2) By mutual
agreement between the Service and the shift worker.
(b) The Service
reserves the right to change shift rosters in accordance with operational
imperatives.
(c) Provided that
where the Service receives a significant concern about the alteration to the
shift worker’s family, religious or community responsibilities, every effort to
negotiate individual alternative arrangements shall be made by the Service.
16. Exchange of
Shifts
(a) Exchange of
shifts will be allowed for special reasons provided the change does not result
in excessive daily or weekly hours for any shift worker.
(b) An exchange of
shifts should not occur if it results in 2 (two) or more continuous shifts
being worked with no break in between or if the recommended maximum hours are
exceeded.
(c) All requests
for shift exchange by staff are to be submitted in writing to the most Senior
Officer on duty.
17. Hearing and Eye
Sight Testing
(a) ComCen staff
will be required to undergo hearing and eye sight testing prior to commencing
employment.
(b) Any further tests
will be conducted in accordance with medical advice or at the request of the
staff member or the ComCen Supervisor.
18. Higher Duties
Shift Better
ComCen staff, when required to provide relief in a higher
level position for the whole shift or a minimum of two hours of the shift, will
be compensated by way of Higher Duties Allowance at the rate of salary for the
higher position plus any applicable allowances for the whole shift in
accordance with the provisions of the Personnel Handbook, except the minimum 5
continuous days limitation.
19. Occupational
Health and Safety
(a) The Service is
committed to the safety and welfare of staff and will consider Occupational
Health & Safety issues in planning rosters and working arrangements. It is
the intention that:
(1) shifts will
not exceed 12 hours per day (including overtime), except in emergency
circumstances
(2) overtime
worked will not exceed 12 hours per week
(b) In emergency
circumstances a maximum of 60 hours work may be necessary. It shall not be worked on a regular basis
nor on consecutive weeks.
20. Representation
(a) Shift workers
are to be adequately represented on any committees with a consultative or
decision making function regarding their work.
If they attend relevant meetings outside shift arrangements they will be
considered at work and rosters are to be adjusted accordingly.
21. Anti
Discrimination
(a) It is the
intention of the parties bound by this Award to seek to achieve the objective
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 the parties have an obligation 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 victimize 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.
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(2) 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 religious susceptibilities of the adherents of that
religion."
22. 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 appropriate
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) working days, or as soon
as practicable. The staff member may pursue the 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 ODPE 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 the Association.
(i) The staff
member or the Association on their behalf, or the Department Head may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
(j) The staff
member, Association, Department and ODPE shall agree to be bound by any order
or determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
(k) Whilst the
procedures outlined in subclauses (i) to (x) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public.
23. Conditions Fixed
By Other Instruments of Employment
(a) Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2006,
applies except where varied by this Award.
24. Existing
Entitlements
(a) The provisions
of this award shall not affect any entitlements existing in another award which
covers Service staff other than specified in clause 23.
25. Area, Incidence
and Duration
(a) The provisions
of this award shall apply to officers, Departmental temporary employees as
defined in the Public Sector Employment and Management Act, 2002
employed by the State Emergency Service in either full time and part time
positions of Communication Centre (ComCen) Senior Team Leader, ComCen Team
Leader and ComCen Call Operator, and casual workers in these positions.
(b) This award
shall take effect from the first pay period to commence on or after 17 October
2006 and shall remain in force thereafter for a period of three years.
PART B
MONETARY RATES
Table 1 - Salary
Schedule
Position Title
|
Grade
|
Salary Range
|
|
|
(from 1/7/06)
|
Operations Communications Centre
|
Clerk Grade 5/6
|
|
Senior Team Leader
|
1st year of service
|
$58,777
|
|
2nd year of service
|
$60,631
|
|
3rd year of service
|
$63,007
|
|
Thereafter
|
$64,854
|
Operations Communications Centre
|
Clerk Grade 3/4
|
|
Team Leader
|
1st year of service
|
$49,792
|
|
2nd year of service
|
$51,292
|
|
3rd year of service
|
$52,894
|
|
Thereafter
|
$54,520
|
Operations Communications Centre
|
Clerical Officer Grade 1/2
|
|
Call Operator
|
1st yr service under 17
|
$20,340
|
|
2nd yr service or 17
|
$24,473
|
|
3rd yr service or 18
|
$29,477
|
|
4th yr service or 19
|
$31,464
|
|
5th yr service or 20 or above
|
$33,910
|
|
6th year of service
|
$34,836
|
|
7th year of service
|
$36,310
|
|
8th year of service
|
$36,969
|
|
9th year of service
|
$37,885
|
|
10th year of service
|
$39,286
|
|
11th year of service
|
$40,710
|
|
12th year of service
|
$42,214
|
M. SCHMIDT J.
____________________
Printed by
the authority of the Industrial Registrar.