Crown
Employees (Planning Officers) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 601 of 2007)
|
Before Commissioner
Ritchie
|
8 April 2008
|
REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Definitions - General
3. General Conditions of Employment
4. Classifications and Salary Structures
5. Working Hours
6. Flex Leave
7. Appeals Mechanism - Soft Barrier
8. Anti-Discrimination
9. Grievance and Dispute Resolution
Procedures
10. Savings of Rights
11. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
ANNEXURE A
Flexible Working Hours Agreement 2008
PART A
1. Title
This Award will be known as the Crown Employees (Planning
Officers) Award 2008.
2. Definitions -
General
"Act" means the Public Sector Employment and
Management Act 2002.
"Award" means the Crown Employees (Planning
Officers) Award 2008.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Branch Action Plan" means a document prepared by
a branch within the Department that defines that branch’s goals and objectives
for a set period of time.
"Department" means the Department of Planning.
"Director" means an officer of the Department with
management responsibilities for a region, branch, unit or discrete group of
people, who has delegation, as determined from time to time, to perform the
functions of the Director-General.
"Director-General" means the Chief Executive
Officer of the Department of Planning as listed in Column 2 of Schedule 1 of
the Public Sector Employment and Management Act 2002.
"DPE" means the Director of Public Employment, as
established under the Public Sector Employment and Management Act 2002.
"Planning Officer or PO" means a person
permanently or temporarily employed in the Department either as a full-time, or
permanent part-time employee, in any capacity under the provisions of Part 2 of
the Act, performing those professional and student planning functions
previously undertaken in the Department of Urban Affairs and Planning or the
Heritage Office of New South Wales. It
includes officers on probation, but does not include the Director-General,
statutory appointees or a member of the Senior Executive Service as defined
under the Act.
"Executive Director" means a Senior Executive
Service (SES) officer of the Department with significant management
responsibilities, heading up a division of the Department, who has delegation,
as determined from time to time, to perform the functions of the
Director-General.
"Director Human Resources" means the person in
charge of the Human Resource function of the Department.
"Grievance Receiver" means a Departmental officer
who has been nominated to assist in the resolution of grievances. While they do not act on the officer’s
behalf they can help to achieve a satisfactory solution.
"Hard Barrier" means a barrier to a level within a
classification that can only be accessed by merit through a competitive
selection process.
"Normal Work" for the purposes of clause 9,
Grievance and Dispute Resolution Procedures of this Award, means the work
carried out in accordance with the officer’s position or job description at the
location where the officer was employed, at the time the grievance or dispute
was notified by the officer.
"Officer" means a Planning Officer.
"Position" means a position pursuant to Section 9
of the Act.
"Salary Rates" means the ordinary time rate of pay
for the Officer’s grading excluding shift allowance, weekend penalties and all
other allowances not regarded as salary.
"Service" means continuous service for salary
purposes.
"Soft Barrier" means an identified progression
requirement (as distinct from normal incremental progression) to move from one
salary point to the next within the same level. This progression is not automatic but based on meeting specific
performance or skill competency requirements as set out in this Award.
"Supervisor" means an officer of the Department
with supervisory responsibilities who has delegation, as determined from time
to time, to perform the functions of the Director-General.
3. General Conditions
of Employment
3.1 Except as
otherwise provided by this Award the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2006 will apply.
3.2 Provisions of
the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2006 that do not apply include subclause 21(f) - Bandwidth, subclause 21(g) -
Coretime, subclause 21(k) - Flexible working hours credit, and subclause 21(p)
- Flex leave.
3.3 The following
awards and agreements will continue to apply to Officers covered by this award:
Crown Employees (Transferred Employees Compensation)
Award
Transferred Officers (Excess Rent Assistance) Agreement
No 2354 of 1981
Crown Employees (Public Sector - Salaries 2007) Award
or an award replacing it.
3.4. Conditions of
employment other than those fixed by this award are determined by the Public
Sector Employment and Management Act 2002, the Public Sector Employment and
Management (General) Regulation 1996 and the New South Wales Government
Personnel Handbook.
4. Classifications
and Salary Structures
All Planning Officers will be paid in accordance with the
salary structures as set in this clause.
Salary rates are as set out in Table 1 - Salaries of Part B, Monetary
Rates of this Award.
Officers known as Planning Officers will have a title that
reflects their functional responsibility as shown in subclauses 4.2 and 4.3 of
this clause.
No officer will be disadvantaged by the application of this
Award.
4.1 Increments
Incremental progression for all officers will be
subject to a satisfactory performance report recommending progression other
than for soft barrier progression where set criteria as detailed in this Award
need to be satisfied.
4.2 PO
(Professional)
The PO (Professional) classification and salary
structure replaces the former Town Planner/Specialist and Legal Officer classifications
for those Officers performing planning functions under this award.
4.2.1 Officers
Eligible for Appointment to PO (Professional)
Appointment to the PO (Professional) classification
requires a degree qualification or a qualification deemed by the Director
General to be equivalent except as otherwise specified in subparagraphs (a), b)
and (c) of this paragraph.
(a) Officers
working directly in property and development activities must have an accredited
property related qualification as well as demonstrated expertise and experience
developed from a range of property disciplines and backgrounds such as but not
limited to engineering, surveying, valuing, real estate, land economics and
architecture.
(b) Positions with
special requirements such as Aboriginality may not require a degree
qualification.
(c) Officers
already appointed to PO (Professional) positions do not have to satisfy the
Tertiary Qualification criterion when applying for other PO (Professional)
positions.
4.2.2 PO
(Professional) Level 1
(a) Positions may
be established as Level 1.
Progression to Level 1(b), salary point 6, will be
conditional on the Director General being satisfied that the officer has been
on the maximum of salary point 5 for at least 12 months and has demonstrated
competency in three or more of the following criteria:
The ability to work independently and without regular
supervision;
Good communication skills;
Well developed specialist or other skills;
Project management skills;
The ability to provide high quality advice;
And
The ability to identify issues and provide practical
options.
(b) Positions may
be established as Level 1(a) as part of a Graduate Recruitment Program.
Appointment to Level 1(a) will be through competitive
selection.
A person who has been appointed as part of a Graduate
Recruitment Program may apply to the Director General to progress to Level 1(b)
following 12 months service at salary point 5.
Progression will be dependant on the Director General being satisfied
that work at that level exists and that the Officer would comply with the terms
prescribed under subparagraph (a) of this paragraph.
(c) Positions may
be established as Level 1(b).
Appointment to Level 1(b) will be through competitive
selection.
(d) When Level 1(a)
officers are directed to perform work commensurate with Level 1(b) due to
absences or some other reason, they may be paid at the appropriate salary point
under Clause 34 of the Public Sector Employment and Management (General)
Regulation 1996.
4.2.3 PO (Professional)
Level 2
Appointment to Level 2 will be through competitive
selection.
4.2.4 PO
(Professional) Level 3
(a) Appointment to
Level 3 will be through competitive selection.
(b) Progression to
salary point 16 requires the Director’s certification that the officer has been
on the maximum of salary point 15 for a period of 12 months and has
demonstrated competency in three or more of the following criteria:
Management of staff
Strategic policy/program development and implementation
Representing the Department on substantial matters
Project/program management skills
Relevant technical skills
4.2.5 PO
(Professional) Level 4
Appointment to Level 4 will be through competitive
selection.
4.2.6 PO
(Professional) Level 5
Appointment to Level 5 will be through competitive
selection.
4.3 PO (Student
Planner)
The commencing salary rate for an officer appointed as
a Student Planner will normally be salary point 1. The officer will be eligible to progress to salary point 4.
5. Working Hours
5.1 These conditions
will be determined and may be varied by Local Arrangement in terms of clause 10
of the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2006. The Arrangement set out in Annexure A, Flexible Working Hours Agreement
2008, to this award will also cover the Department’s employees not covered by
this award i.e. Administrative and Clerical Officers and Senior Officers.
5.2 An officer, if
directed to work or travel outside the usual hours of duty may be entitled to
the ‘Overtime’ provisions of the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2006 commencing at clause 89 or the ‘Excess
travelling time’ provisions pursuant to clauses 27 and 28 of that award.
5.3 A flexible and
adaptable approach to working hours shall be adopted to meet peak demands, out
of hours client demands, and the personal circumstances of officers of the
Department.
Flexible working hours will only be available on the
condition that an adequate service is maintained at all times. Services
provided by the Department will not be withdrawn to accommodate the absence of
officers under any flexible working hours arrangements.
At all times, the business needs of the Department must
have priority.
6. Flex Leave
The Flexible leave entitlements in Annexure A to this award
have been developed in recognition of the additional hours worked to meet the
needs of the Department. Hours worked
and flex leave taken are at the convenience of both the Department and the
officer.
7. Appeals Mechanism
- Soft Barrier
7.1 An officer has
the right to appeal any decision made by the Department in relation to a soft
barrier progression under the provisions of this Award.
7.2 Officers will
submit a written submission outlining their case to the Director Human
Resources within 28 days of the written notification of the decision.
7.3 The Director
Human Resources or their delegate will convene and chair an appeals committee
made up of (in addition to the convenor) one Management representative who was
not a party to the decision, one representative nominated by the Association
and one peer who is acceptable to both Management and the Association.
7.4 The appeal
will be heard within 28 days of the submission being lodged and the
recommendation of the committee will be forwarded to the Director-General or
nominee for approval.
7.5 The decision
of the Director-General or nominee will be forwarded to the Officer concerned
within 7 working days of the appeal being heard.
7.6 This appeals
mechanism does not cover matters that are properly dealt with by the NSW
Industrial Relations Commission or the Government and Related Employees Appeal
Tribunal.
8.
Anti-Discrimination
8.1 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.
8.2 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.
8.3 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.
8.4 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 pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
8.5 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.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) 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."
9. Grievance and
Dispute Settling Procedures
9.1 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 within the appropriate
department, if required.
9.2 A officer 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.
9.3 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 officer 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.
9.4 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.
9.5 If the matter
remains unresolved with the immediate manager, the officer 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 officer may pursue the sequence of
reference to successive levels of management until the matter is referred to
the Department Head.
9.6 The Department
Head may refer the matter to the DPE for consideration.
9.7 If the matter
remains unresolved, the Department Head shall provide a written response to the
officer 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.
9.8 An officer, at
any stage, may request to be represented by the Association.
9.9 The officer 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.
9.10 The officer,
Association, department and DPE shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
9.11 Whilst the
procedures outlined in subclauses 9.1 to 9.10 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, 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
officer or member of the public
10. Savings of Rights
10.1 At the time of
the making of this Award no officer covered by this Award will suffer a
reduction in his or her rate of pay or any loss or diminution in his or her
conditions of employment as a consequence of the making of this Award.
10.2 Should there be
a variation to the Crown Employees (Public Sector - Salaries 2007) Award or an
Award replacing that Award officers of the Department will maintain the same
salary relationship to the rest of the public service. Any such salary increase will be reflected
in this Award either by variation to it or by the making of a new Award.
11. Area, Incidence
and Duration
11.1 This Award
shall apply to those officers of the Department of Planning, employed in
classifications as listed in clause 4, Classification and Salary Structures of
the Award.
11.2 This Award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Environmental Planning
Officers 2003) Award published 27 August 2004 (346 I.G. 107) and the Crown
Employees (Heritage Office 2003) Award published 12 March 2004 (343 I.G. 607)
and all variations thereof.
11.3 The changes
made to the Award 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 8 April 2008.
11.4 This Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
Operative from the beginning of the first pay period to
commence on or after 1.7.07
|
Key:
|
Soft barrier
|
|
|
|
Hard barrier
|
|
|
Classification
|
Salary
|
Salary Point
|
|
|
$
|
|
|
|
|
|
|
PO (Professional) Level 1(a)
|
52,324
|
1
|
|
|
57,772
|
2
|
|
|
61,801
|
3
|
|
|
64,250
|
4
|
|
|
66,749
|
5
|
|
Level 1(b)
|
70,862
|
6
|
|
|
73,750
|
7
|
|
|
76,064
|
8
|
|
|
79,849
|
9
|
|
PO (Professional) Level 2
|
84,738
|
10
|
|
|
87,197
|
11
|
|
|
90,699
|
12
|
|
PO (Professional) Level 3
|
92,500
|
13
|
|
|
96,378
|
14
|
|
|
99,269
|
15
|
|
|
103,591
|
16
|
|
|
107,721
|
17
|
|
PO (Professional) Level 4
|
118,762
|
18
|
|
|
123,737
|
19
|
|
|
128,812
|
20
|
|
PO (Professional) Level 5
|
135,648
|
21
|
|
|
139,025
|
22
|
|
PO (Student Planner)
|
37,762
|
1
|
|
|
39,400
|
2
|
|
|
40,857
|
3
|
|
|
43,903
|
4
|
ANNEXURE a
FLEXIBLE WORKING
HOURS AGREEMENT 2008
NSW DEPARTMENT OF
PLANNING
1. Title of the
Agreement
This Agreement shall be known as the Department of Planning
of New South Wales Flexible Working Hours Agreement 2008.
2. Arrangements
1. Title of
the Agreement
2. Arrangements
3. Definitions
4. Parties
5. Area,
incidence, duration and purpose
6. Ordinary
hours
7. Contract
hours
8. Business
hours
9. Staffing
levels and rosters
10. Bandwidth
11. Core time
12. Varying
hours of duty
13. Settlement
period
14. Principles
underlying flex leave and banking of accrued flex leave
15. Flex leave
16. Flex leave
arrangements (Banking of flex leave)
17. Meal
breaks
18. Accumulation,
carry over and compensation for full-time staff
19. Pro-rata
flex leave accumulations and carry over for part-time staff
20. Transfers
21. Breaches
of flexible working hours arrangements
22. Termination
of service
23. Grievance
Management
3. Definitions
"The Department" - means the Department of
Planning of New South Wales.
"Staff"- means all staff employed under the Public
Sector Employment and Management Act 2002 (as amended), with the exception
of those employed under Chapter 3 part 3.1 Public Sector Executives.
"Part-time Staff" - means any staff member whose
ordinary hours of work are less than 140 hours per settlement period.
"Flexible Working Hours" - for the purposes of
this Agreement, flexible working hours hereinafter referred to as flex time, is
a system of attendance at an office or worksites of the Department within which
an individual staff member may select their starting and finishing time on each
normal working day, subject to the concurrence of the Department, and in
accordance with conditions set out in this Agreement.
"Union" - means The Public Service Association and
Professional Officers’ Association Amalgamated Union of New South Wales.
"Award" - means the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2006
4. Parties
The parties to this Agreement are:
(i) The Public
Service Association and Professional Officers’ Association Amalgamated Union of
New South Wales;
(ii) The
Department of Planning of New South Wales
(iii) The Director
of Public Employment,
The parties shall co-operate in the monitoring of the
operation of the Agreement by bringing identified operational and
administrative problems, and any matters which cannot be resolved in the first
instance at the workplace level, to the Department’s Joint Consultative
Committee.
5. Area, Incidence,
Duration and Purpose
This Agreement is made pursuant to clause 10, Local
Arrangements of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2006, with the approval of the Director of Public Employment,
between the Department of Planning on the one part, and the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales on
the other part.
It replaces in part clause 11, Hours of Duty of the Award.
Unless otherwise stated in this Agreement, any remaining provisions of clause
11 of the aforementioned Award remain unaffected by this Agreement and shall
continue to apply for the nominal term. To the extent that any part of this
Agreement conflicts with clause 11, this Agreement will prevail. This agreement
is to be read in conjunction with clauses 5 and 6 of the Crown Employees
(Planning Officers) Award 2008.
The parties to this Agreement are committed to the
facilitation of an equitable arrangement for all staff members employed by the
Department to access, and utilise accumulated credit hours over and above their
contract hours, as far as practicable, and arrange for the equitable
administration of this Agreement throughout the Department.
The Department will endeavour to ensure that staff levels
and work rosters are adequate to ensure that staff members have access to the
provisions of the Agreement. The Unions shall ensure that staff co-operate by
working within the operational requirements of the Department.
6. Ordinary Hours
For staff employed under the Public Sector Employment and
Management Act 2002 the ordinary working hours for:
(i) Full time
staff are 7 hours per day, 35 hours per week (140 hours per 4 week settlement
period).
(ii) Part time
staff will be set out in their part-time arrangements. (These arrangements are
agreed to and documented.)
Staff members who do not wish to work additional hours
will suffer no discrimination or disadvantage.
7. Contract Hours
Contract hours are the minimum hours for which a staff
member would be required to be on duty during a settlement period. For the purposes of this Agreement the
minimum contract hours required of a full time staff member for a settlement
period shall be 140 hours. Contract
hours for part- time staff members will be set out in their documented
part-time arrangements.
8. Business Hours
Business hours are the span of hours during which the
Department offices are open to members of the public, normally 9.30 am to 4.30
pm.
9. Staffing Levels
and Rosters
(i) The
Department will ensure, and the Union shall co-operate, in the necessary
arrangements, that adequate staffing levels are maintained during business
hours to ensure a full range of client services are available during business
hours.
(ii) Managers and
staff members in individual offices or work sites of the Department may
negotiate a roster system to ensure the equitable management of the flex time
and/or flex leave system, so that no individual staff member is disadvantaged
in anyway in relation to the operation of this Agreement.
(iii) Where formal
roster arrangements are introduced or are already in operation, those roster
arrangements, and the operation of the roster, shall be negotiated between the
responsible manager or supervisor and the staff members concerned. Staff members involved may request an Union
delegate to assist with the negotiation of roster arrangements, if required.
(iv) As far as
practicable a timetable for roster arrangements, and operation of the roster
for a period of 3 months or more should be negotiated.
10. Bandwidth
(i) The bandwidth
(span of hours) operating during the term of this Agreement for normal working
days shall be between the hours of 7.00 am and 6.30 pm.
(ii) The bandwidth
may be varied by agreement with the appropriate director and the staff in a
particular workgroup, unit, branch, region or directorate to suit operational,
climatic needs or with specific individuals to assist with care
responsibilities or other needs.
(iii) A staff
member may select their starting and finishing times within the bandwidth
subject to core time provisions and the Department’s concurrence.
(v) Any time
worked during a settlement period before or after the bandwidth, unless
otherwise stated in this Agreement, shall not be credited to the staff member
in any calculation of accumulated credit hours.
(vi) A staff member
who, for personal or family circumstances wishes to work outside the bandwidth
or core time stated in Clause 11 on either a temporary or permanent arrangement
shall apply to the appropriate executive director or director, in writing, for
approval. Such arrangements made at the
staff member’s request, will not attract any additional penalty rate payment.
11. Core Time
Core time is that period of the working day when all staff
are required to be on duty unless on lunch break or approved leave.
The standard core time which will apply to all staff is 9:30
am to 3:30 pm.
Whilst staff need to attend the workplace only between 9:30
am and 3:30 pm, managers/supervisors and staff may negotiate a roster system to
ensure equitable management of adequate staff levels during office hours to
ensure a full range of client services are available during business hours as
stated in Clause 9 of this agreement.
Rosters should be reviewed at 3 monthly intervals or at the
request of individual staff.
In recognising that staff may need to meet their care
responsibilities or other needs as well as the operational needs of the
Department. Any variation must be
approved by branch managers. Approvals
should be written and are to be reviewed every six (6) months or earlier at the
request of the staff member.
12. Varying Hours of
Duties
Where a staff member as a result of their care
responsibilities, or urgent personal reasons is unable to observe the general
hours operating in the Department, the staff member may request a variation to
their hours of attendance on a one off, short or long term subject to the
following:
(i) the variation
does not adversely affect the operational requirements,
(ii) variation in
hours are the result of consultation between a manager and a staff member,
(iii) flexitime
debit or credit hours are met at the end of the settlement period where
applicable,
(iv) ongoing
arrangements are documented,
(v) no overtime or
meal allowances are made to a staff member as a result of an agreement to vary
the hours,
(vi) a lunch break
of one hour is available to a staff member, unless a staff member elects to
reduce the break to not less than 30 minutes, and
(vii) the variation
is approved by the manager.
13. Settlement Period
The 4 week period in which time is recorded commences on a
Monday and concludes on a Friday.
14. Principles
Underlying Flex Leave and Banking of Accrued Flex Leave
(i) The parties
to this Agreement acknowledge that there is a need for the manager or supervisor
and staff members to plan work. Tools such as a Performance Development System
help with the planning of work. Managers and supervisors in consultation with
staff need to plan the hours to be worked in a settlement period, the flex
leave to be taken in a settlement period, and the estimated additional paid
hours of work in a particular settlement period.
(ii) In planning
working hours, account will be taken of past working hours and arrangements and
agreement by the staff member/workgroup, manager or supervisor on the estimated
time required to satisfactorily undertake prescribed duties. Planning for these tasks shall be on a
regular basis, and any significant variation in estimated time shall be
identified by either the manager or staff member and the plan jointly revised.
(iii) All
significant variations to the agreed estimated time to satisfactorily undertake
prescribed duties shall be agreed between the staff member and manager prior to
the time being worked.
15. Flex Leave
(i) All flex
leave granted shall be at the convenience of the Department and the
requirements of the Department’s clients and the public. Requests for flex leave should be discussed
and negotiated between a staff member and their supervisor, reasonable notice
should be given and their supervisor’s approval obtained prior to proceeding on
flex leave. This includes flex leave
taken during transport disruptions or other emergencies.
(ii) Flex leave
may be taken as two (2) full days or four (4) half days or a combination of full
and half days to a maximum of two days during a settlement period.
(iii) It is not
necessary for a staff member to have a credit balance when taking flex leave.
(iv) A staff member
working under an agreed roster, may be rostered to take a flex leave entitlement
on an identified normal working day, or days, during the roster period.
(v) Flex leave may
be taken immediately before, and/or after, a period of recreation leave and any
other form of approved paid leave.
(vi) Flex leave may
be taken on consecutive working days, irrespective of whether these days are in
different settlement periods.
(vii) A staff member
may be requested by their manager to take flex leave if the maximum credit
accrual is likely to be exceeded during or by the end of a settlement period.
(viii) A staff member
will not be able to access banked flex days in instances whereby their
recreation balance exceeds 40 days.
16. Flex Leave
Arrangements - Banking of Flex Leave
In a number of instances workload demands will require staff
to work long hours thus accruing significant extra flex credits. In order to
achieve some compensation for staff who work extra hours, the following
provision for the banking of flex leave will apply: These instances could include but are not necessarily limited to,
budgeting, business planning, end of financial year, and emergency service
activities.
(i) Prior
agreement on workload constraints should be reached between the staff member
and manager or supervisor in order for a staff member to bank a flex day.
(ii) Where
workload demands have prevented a staff member from taking flex leave (as
provided for in Clause 15 (ii)) a staff member may apply to bank the flex leave
that was not taken - either a full or half day. The remaining hours of credit should be added to the normal flex
credit.
(iii) A staff
member does not have to be in credit to bank flex leave. When banking a full day flex leave a staff
member must not be more than three hours in debit. When banking a half day flex a staff member must not be more than
six and a half (6 1/2) hours in debit at the end of the settlement period. That
is, the total debit may not exceed 10 hours.
(iv) All flex leave
banked is required to be in half or full days.
Subject to subclause (ii)above.
(v) Up to two (2)
flex days may be accrued and banked per settlement period. Subject to subclause (ii) above.
(vi) A staff member
may bank up to a maximum of five (5) days (35 hours), which can be taken at a
mutually convenient time, if the staff members recreation balance is less than
40 days.
(vii) Banked flex
leave can be taken in conjunction with other forms of approved paid leave.
(vii) In addition to
the entitlements under Clause 17(a)(3) of the Award, any banked flexi leave may
be taken during transport disruptions or other emergencies.
17. Meal Breaks
(i) A staff
member shall be required to take a meal break not more than five (5) hours
after commencing work, or before 2.00 pm. whichever is the earlier.
(ii) A staff
member shall be entitled to a meal break of one (1) hour. Consultation with a
manager/supervisor is necessary for a meal break in excess of this time.
(iii) The minimum
meal break permitted is thirty (30) minutes.
(iv) The maximum
meal break permitted is two and half (2 1/2) hours during the span of 11.30 am
to 2.30 pm.
18. Accumulation and
Carry Over for Full-Time Staff
(i) A staff
member may accumulate credit or debit hours throughout a settlement period, and
carry forward credit and debit hours between settlement periods provided that at
the end of a settlement period the number of credit hours does not exceed ten
(10) hours or debit hours does not exceed ten (10) hours.
(ii) When a staff
member's accumulation of debit hours exceeds ten (10) hours at the end of a
settlement period, the excess debit hours shall be debited against any banked
flex leave, or if none is available, accrued recreation leave, or if no such
leave is available, debited as leave without pay.
(iii) When a staff
member's accumulation of credit hours exceeds ten (10) hours at the end of a
settlement period, the excess credit hours may be banked subject to Clause 16
above. Where the staff member already has thirty five (35) hour banked any
additional hours will be forfeited.
(iv) The Department
shall make every effort to ensure that an officer does not consistently forfeit
excess credit hours at the conclusion of settlement periods as a result of
requests for flexi leave being refused.
19. Pro-Rata Flex
Leave Accumulation and Carry Over for Part-Time Staff
(i) A staff
member who is employed under a part-time work arrangement which does not
require fixed starting or finishing times on all the normal working days may
accrue up to the maximum pro-rata accumulated credit and debit entitlements
under this Agreement.
Example: A staff member who works twenty-eight (28)
hours per week would be entitled to accumulate a maximum credit or debit of
eight (8) hours at the end of the settlement period i.e. normal carry - normal
hours x actual hours (10-35 x 28)=8.
(ii) Contract hours
for a staff member working under a part-time agreement shall be calculated on
the total number of agreed hours to be worked in a settlement period.
Example: A staff member who works twenty-one(21) hours
per week -their contract hours will be 84 hours per settlement period i.e.
actual hours worked x 4 (21 x 4) = 84.
(iii) A staff
member who elects to change from full-time to part-time work, by agreement may
be permitted to exhaust accumulated flex leave entitlements prior to commencing
part-time work, or have any existing accumulated credit balance carried over.
Future entitlements for flex leave from this accumulated credit hour balance
carry over shall be calculated on the basis of full-time work until exhausted.
(iv) A staff member
who changes from part-time to full-time employment by agreement may be
permitted to exhaust accumulated flex leave entitlements prior to commencing
full-time work, or carry over the entitlement, which continues until exhausted.
(v) A part time
staff member working under flexible working hours arrangements may be entitled
to up to two (2) full days or four (4) half days or a combination of full and
half days to a maximum of two days during a settlement period with the approval
of their manager. The flex leave to
cover the flex absence/s is the actual time absence from work.
Example: A staff member who works twenty-eight (28)
hours per week - i.e. 7 hours per day, 4 days a week, the flex leave
entitlement to cover one (1) days flex leave is seven (7) hours.
20. Transfers
A staff member of the Department who transfers to another
Department may transfer only ten (10) accumulated credit hours, if a staff
member has in excess of ten (10) hours an effort should be made to take the
appropriate flex leave prior to transferring in order to reduce excess credit
21. Breaches of
Flexible Working Hours Arrangements
The Executive Directors, or Directors may only direct a
staff member to work standard hours where it is proven the staff member has
breached a provision of this Agreement, the remaining operative sub-clauses of
clause 11, Hours of Duty of the Award or an established administrative
arrangement of the Department in connection with the operation of flexible
working hours which was in operation at the time this Agreement was made.
22. Termination of
Service
(i) The
Department shall ensure as far as practicable, that a staff member is given the
opportunity to eliminate accumulated credit hours, to the limits prescribed in
Clause 18, by way of flex leave prior to the completion of their last day of
service with the Department through resignation or retirement.
(ii) The
Department shall debit a staff member's accumulated recreation leave or
extended leave (minimum of a quarter day), or monies owing, against debit hours
accumulated by a staff member at the completion of the last day of service with
the Department.
23. Grievance
Management of the Flexible Working Agreement
Staff members who are in conflict or have a grievance with
the coverage of this Agreement should use the procedures identified in the
Department’s Grievance Management System.
This agreement between the parties is MADE AT SYDNEY ON
THE ____________ DAY
OF _____________________ 2008
Signed for and on behalf of the Director of Public Employment
Signed for and on behalf of the Department of Planning
Signed for and on behalf of The Public Service Association
and Professional Officers’ Association - Amalgamated Union of New South Wales
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.