Crown Employees (Office of Environment and Heritage
- National Parks and Wildlife Service) Conditions of Employment Award 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 287056 of 2018)
Before Chief Commissioner Kite
|
27 November 2018
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject
Matter
1. Arrangement
2. Title
3. Definitions
4. Memorandum
of Understanding
5. Salaries
6. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
7. Allowances
8. On Call for Kosciusko National Parks Municipal Services
Managed by NPWS
9. Standby
Allowance - Including Standby associated with Declared Incident
10. Allowance
for Temporary Assignments to Higher Roles
11. Assignment
12. Progression
13. Project
Teams
14. Hours of
Work
15. Variation
of Hours
16. Overtime -
General
17. Meal Breaks
18. Rest Breaks
19. Flexible
Working Hours
20. Temporary
and Casual Work Arrangements
21. Part-Time
Work Arrangements
22. Job Sharing
23. Public
Holidays and Public Service Holiday
24. Leave
25. Recreation
Leave and Annual Leave Loading
26. Family and
Community Service Leave
27. Excess
Travel Time
28. Contact
with Employees on Parental and Maternity Leave
29. Incident
Conditions
30. Working From Home
31. Dependent
Care
32. Families
and Field Work
33. Training
and Development
34. Study
Assistance
35. Training
Competency
36. Engagement
of Contractors
37. Anti-Discrimination
38. Redundancy
Entitlements
39. Workplace
Environment
40. Housing
41. Consultation
and Monitoring
42. Industrial
Grievance Procedure
43. Deduction
of Union Membership Fees
44. Saving of
Rights
45. No Extra
Claims
46. Area,
Incidence and Duration
PART B
Annexure 1 - Salary Schedule for Ranger Classification
Annexure 2 - Salary Schedule for Project/Research Officer
Classification
Annexure 3 - Salary Schedule for Field Officer
Classification
Annexure 4 - Casual Leave Entitlements
PART C
Memorandum of Understanding
2. Title
2.1 This Award shall
be known as Crown Employees (Office of Environment and Heritage – National
Parks and Wildlife Service) Conditions of Employment Award 2015.
3. Definitions
"Accommodation" means - Home, place of abode
or residential address, Commercial: hotel/motel/guest house, or an
Established/Non Established camp.
"Act" means the Government Sector Employment Act 2013.
"Allocated Day Off" means the day/s off that
the employee who works set patterns of hours as detailed in this agreement has
off each settlement period as a result of that employee accruing the necessary
hours.
"Area Manager", classification is Assistant
District Manager, means a National Parks and Wildlife Service employee
designated as such, who obtained a degree from a recognised university
requiring a minimum of three (3) years full-time equivalent study, in an
appropriate discipline relevant to the field operations of the Service, or
other tertiary qualification as deemed equivalent by the Chief Executive of
OEH.
"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.
"Campaign" means those incidents where shift
work is introduced by the Incident Controller.
"Casual Employee" means any employee engaged
in terms of section 43(4) of the Government
Sector Employment Act 2013 and any guidelines issued thereof or as amended
from time to time.
"Chief Executive" means the head of the
Office of Environment and Heritage.
"Contract hours" for the day for a full-time
employee means one fifth of the full-time contract hours, as defined in this
Award. For a part-time employee,
contract hours for the day means the hours usually worked on the day.
"Crew" means a group of up to five employees
assigned under the control of a Crew Leader to undertake incident management
duties.
"Crew Leader" means an employee responsible
for leading a crew to implement a strategy.
The Crew leader ensures the work is undertaken efficiently and safely,
and is responsible for managing and recording the crew’s operations.
"Crew Member" means an employee diverted from
their day-to-day activities to undertake work associated with the management of
an incident.
"Dependent" means a partner, including same
sex partner, husband, wife, child, elderly parent or a family member with a
disability.
"Dispute" is a disagreement between an
employee or employees and the OEH concerning employment matters.
"Division Commander" means an employee who is
under the direction of an Operations Officer and who is responsible for a
number of sectors to which specific work tasks are allocated.
"Duty Officer" means an employee either
rostered for duty, or appointed on standby to serve as a divisional, branch or
regional after hours contact, and to monitor and co-ordinate both OEH responses
and other responses to a variety of situations including, but not limited to,
escalating fire weather conditions, wildfires, search and rescue, marine mammal
standings, security alarms, asset damage, risks to visitor safety. The
responsibilities of a Duty Officer are outlined in the Fire Management Manual
and NPWS State Incident Plan.
"Employee" means and includes all persons
employed from time to time under the provisions of the Government Sector Employment Act 2013.
"Employer for Industrial Purposes" means the
Industrial Relations Secretary.
"Employer for all purposes other than
Industrial" means the Chief Executive of the Office of Environment and
Heritage.
"Family" means a group of persons of common
ancestry, or all persons living together in one household or a primary social
group consisting of parents and their offspring.
"Fieldwork" refers to work undertaken in the
field in an area away from an employee’s normal work location, and which
precludes the employee from returning to their normal place of abode at the
conclusion of each shift.
"Grievance" is any workplace problem that is
a concern, complaint or allegation raised internally
by an employee against another employee and requires resolution.
"Incident" means an unscheduled activity such
as wildfire suppression, wildlife rescue, flood and storm relief, search and
rescue, cetacean stranding, accident and substance spill attendance, or as
otherwise approved by the Chief Executive or delegate. (N.B. Does not include hazard reductions)
"Incident duties" means all work involved in
emergency incidents effort in which there is OEH participation from when an
event is declared an incident until it is declared over by the Incident
Controller. Duties may include: the
initial reporting, reconnaissance, organisation of resources, control, mop-up,
patrol to completion of incident duties, and may involve office duties in the
organisation and direction of the emergency response as well as work at the
scene.
"Monday to Friday Workers" are NPWS employees
whose ordinary hours of work are from Monday to Friday inclusive within the
bandwidth hours of 6:00 a.m. to 8:00 p.m.
"Nominated working place" means the location
where an employee normally commences work.
"OEH" means the Office of Environment and
Heritage.
"Ordinary working hours" means the average
number of hours an employee is required to work each week.
"Parties" means the Office of Environment and
Heritage and the Association.
"Pattern of hours" can be either flexible
working hours, where start/finish times are flexible
within the bandwidth of 6:00 am to 8:00 pm; or, determined where start/finish
times are set.
"Planning Officer" means an employee
responsible for the collection, evaluation, dissemination and use of
information about the incident and status of resources.
"Project/Research Officer" is an employee
designated as such, who has obtained a degree in Science or a related
discipline from a recognised university requiring a minimum of three (3) years
full-time study, or other such qualifications deemed equivalent by the OEH.
"NPWS" means the National Parks and Wildlife
Service of the Office of Environment and Heritage.
"Ranger" is an employee in the NPWS
designated as such, who has obtained a degree from a recognised university
requiring a minimum of three (3) years full-time equivalent study, in an
appropriate discipline relevant to the field operations of the Service, or such
other tertiary qualification as deemed equivalent by the Chief Executive.
"Regulation" means the Government Sector
Employment Regulation 2014.
"Reporting Officer" means an employee who has
direct supervisory responsibility for an employee, for performance management
and reporting purposes.
"Rostered Day Off" means a day off in a
four-week roster period, taken at a time which is operationally convenient to
the OEH, except those days that are taken as approved leave including flex
leave time in lieu or as an allocated day off.
"Secretary" means the Industrial Relations
Secretary, as established under the Government
Sector Employment Act 2013.
"Senior Ranger" is an employee in the NPWS
designated as such, who has obtained a degree from a recognised university
requiring a minimum of three (3) years full-time equivalent study, in an
appropriate discipline relevant to the field operations of the Service, or such
other tertiary qualification as deemed equivalent by the Chief Executive.
"Settlement Period" is a four-week roster
period.
"Seven Day Roster Workers" are employees
whose ordinary hours of work may be worked on any day, Monday to Sunday
(inclusive) within the bandwidth of 6:00 a.m. to 8:00 p.m.
"Standby" means an approved period of time
outside normal working hours, when employees, including Duty Officers, have
been directed by the Chief Executive, or delegate, to be readily contactable
and to immediately respond as required.
"Supervisor" means the immediate supervisor
or manager of the area in which an employee is employed or any other employee
authorised by the Chief Executive to fulfil the role of a supervisor or
manager, other than a person engaged as a consultant or contractor.
"Temporary Employee" means any employee
engaged in terms of section 43(3) of the Government
Sector Employment Act 2013 and
any guidelines issued thereof or as amended from time to time.
"Union" means the Public Service Association
and Professional Officers' Association Amalgamated Union of New South Wales,
having regard to its respective coverage.
4. Memorandum of
Understanding
4.1 The Memorandum
of Understanding at Part C was signed by the parties to this award on 10 August
2006 and should, where appropriate be read in conjunction with this award.
5. Salaries
5.1 No employee’s
substantive salary will drop on entering into the Award.
5.2 Salaries will be
those set out in Annexures 1 - 3.
5.3 The salary rates
are all inclusive of the following allowances:
(i) Diving
(ii) Kosciusko
(iii) Dry Cleaning
(iv) Flying
5.4 Salaries for
Field Officer classifications are inclusive of leave
loading.
5.5 This award is
listed in Schedule A of the Crown
Employees (Public Sector – Salaries 2018) Award and salaries payable to
employees shall be in accordance with that award or any award replacing it. The
rates set out in Part B, Annexures 1-3 are subject to the rates as set by the Crown Employees (Public Sector – Salaries
2018) Award or any award replacing it.
6. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
6.1 The entitlement
to salary package in accordance with this clause is available to:
(i) ongoing full-time and part-time employees;
(ii) temporary employees, subject to OEH convenience; and
(iii) casual employees, subject to OEH convenience, and limited to
salary sacrifice to superannuation in accordance with sub-clause 6.7.
6.2 For the purposes
of this clause:
(i) "salary" means the salary or rate of pay prescribed for
an employee’s classification by Part B Annexures 1 - 3 of this Award, and any
other payment that can be salary packaged in accordance with Australian
taxation law.
(ii) "post-compulsory deduction salary" means the amount of
salary available to be packaged after payroll deductions required by
legislation or order have been taken into account. Such payroll deductions may include, but are
not limited to, taxes, compulsory superannuation payments, HECS-HELP payments,
child support payments, and judgement debtor/garnishee orders.
6.3 By mutual
agreement with the Chief Executive, an employee may elect to package a part or
all of their post-compulsory deduction salary in order to obtain:
(i) a benefit or benefits selected from those approved by the
Secretary; and
(ii) an amount
equal to the difference between the employee’s salary, and the amount specified
by the Secretary for the benefit provided to or in respect of the employee in
accordance with such agreement.
6.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
6.5 The agreement
shall be known as a Salary Packaging Agreement.
6.6 Except in
accordance with subclause 6.7, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
employee and the Chief Executive at the time of signing the Salary Packaging
Agreement.
6.7 Where an
employee makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
employee may elect to have the amount sacrificed:
(i) paid into the superannuation fund established under the First State Superannuation Act 1992; or
(ii) where the OEH is making compulsory employer superannuation
contributions to another complying superannuation fund, paid into the same
complying fund; or
(iii) subject to the OEH’s agreement, paid into another complying
superannuation fund.
6.8 Where the
employee makes an election to salary sacrifice, the OEH shall pay the amount of
post compulsory deduction salary, the subject of election, to the relevant
superannuation fund.
6.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
(i) Police
Regulation (Superannuation) Act 1906;
(ii) Superannuation
Act 1916;
(iii) State
Authorities Superannuation Act 1987; or
(iv) State
Authorities Non-contributory Superannuation Act 1987;
the
OEH must ensure that the employee’s superable salary for the purposes of the
above Acts, as notified to the SAS Trustee Corporation, is calculated as if the
Salary Packaging Agreement had not been entered into.
6.10 Where the
employee makes an election to salary package, and where the employee is a
member of a superannuation fund other than a fund established under legislation
listed in sub-clause 6.9 of this clause, the OEH must continue to base
contributions to that fund on the salary payable as if the Salary Packaging
Agreement had not been entered into.
This clause applies even though the superannuation contributions made by
the OEH may be in excess of superannuation guarantee requirements after the
salary packaging is implemented.
6.11 Where the
employee makes an election to salary package:
(i) subject
to Australian Taxation law, the amount of salary packaged will reduce the
salary subject to appropriate PAYG taxation deductions by the amount packaged;
and
(ii) 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, Act or statute which is expressed to be determined by reference to the
employee’s rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the employee under Part B Annexures 1 - 3 of this
Award if the Salary Packaging Agreement had not been entered into.
6.12 The Secretary may
vary the range and type of benefits available from time to time following
discussion with the Unions. Such
variations shall apply to any existing or future Salary Packaging Agreement
from date of such variation.
6.13 The Secretary
will determine from time to time the value of the benefits provided following
discussion with the Unions. Such
variations shall apply to any existing or future Salary Packaging Agreement
from the date of such variation. In this
circumstance, the employee may elect to terminate the Salary Packaging
Agreement.
7. Allowances
7.1 Allowances
payable in the sub-clauses 7.2, 7.3 and 7.4 shall be adjusted on 1 July each
year in line with the increases in the Consumer Price Index for Sydney during
the preceding year (March quarter figures):
7.1.1 Allowance rates contained in this clause
are effective from the first full pay period on or after 1 July 2018.
7.2 Boot Allowance
7.2.1 A boot allowance is payable to any
employee who works in the field where suitable boots are not provided by the
OEH. The allowance is to be a maximum of
$179.00 of boots, on condemnation of the previous pair, endorsed by the Area
Manager, Regional Manager or Branch Director NPWS.
7.3 Field Allowance
7.3.1 This allowance replaces camping allowance
contained in the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 or any successor instrument to that Award.
7.3.2 This allowance is payable when an employee
is required to stay overnight at a place other than their place of abode or
commercial accommodation.
7.3.3 The amounts payable per day of 24 hours,
or part thereof (which must involve an overnight stay), are:
(i) Where meals are provided by the OEH, $78.24
or $3.26 per hour.
(ii) Where meals are not provided by the OEH, $125.04 or $5.21 per
hour.
7.3.4 The OEH will provide the necessary
equipment.
7.3.5 In the exceptional circumstances where
equipment is not supplied, no additional allowance is payable.
7.4 Remote Area
Allowance
7.4.1 The Remote Area Allowance seeks to
compensate staff for increased costs of living, the climatic conditions of
areas designated "remote" and the level of disturbance to partners
and family.
7.4.2 "Remote area" means the area of
the State of N.S.W. situated on or to the west of a line starting from the
right bank of the Murray River opposite Swan Hill and then passing through the
following towns or localities in the following order, namely, Conargo,
Coleambally, Hay, Rankins Springs, Marsden,
Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree,
Warialda, Ashford and Bonshaw, and includes a place situated in any such
town. It also includes Nadgee, Montague Island and Lord Howe Island.
7.4.3 The allowances specified in paragraph
7.4.5 Table 1 of this clause, will be paid to those employees who meet the
criteria set out in the Public Service Industrial Relations Guide and who live
in a remote area as defined in paragraph 7.4.5 Table 2 of this clause.
7.4.4 The allowance replaces the Commonwealth
allowance paid to officers on Lord Howe Island.
7.4.5 The rates of the allowances will be:
Table 1
Grade
|
With Dependents
|
Without Dependents
|
A
|
$4,697.71
|
$3,287.91
|
B
|
$6,263.63
|
$4,384.31
|
C
|
$7,829.56
|
$5,480.70
|
Table 2
Grade "A"
|
All locations in remote areas, as defined, except those
specified as Grade B or C and including Nadgee.
|
|
|
For the purpose of this Award the following locations will
be included in Grades "B" and "C".
|
|
Grade "B"
|
is payable to employees living in the following locations:
|
|
Angledook, Barrigun,
Bourke, Brewarrina, Clare, Engonia, Goodooga, Ivanhoe,
Lake Mungo, Lightening Ridge, Louth, Mungindi, Pooncarie, Redbank,
|
|
Walgett, Wanaaring, Weilmoringle, White Cliffs, Wilcannia,
Willandra, and including Menindee, Kinchega, Macquarie Marshes and Gunderbooka.
|
|
|
Grade "C"
|
is payable to employees living in the following locations:
|
|
Fort Grey, Mootwingee, Mount Wood, Nocoleche,
Olive Downs, Tibooburra, Yathong and including Witta Brinna, Tarawi, Irymple, Lord Howe Island and
|
|
Montague Island
|
7.4.6 Should employees be located in other
remote locations not specified in this Award, the grading for payment will be
determined in consultation with the Union.
8. On
Call for Kosciusko National Park Municipal Services Managed By NPWS.
8.1 A weekly
allowance of $185 per week (of 7 days) shall be paid to employees in the
Kosciusko National Park Municipal Services Unit who are directed to be on call.
8.2 The payment
shall cover all time outside the normal working hours that the employee is
required to be available for contact and immediate response to a call.
8.3 Only in
exceptional circumstances would the OEH require an employee to be on call for a
period of less than 7 days. Where a period of on call is for less than 7 days a
pro-rata to a minimum of one day will apply for each day the employee is
required to be on call. The daily allowance will equate to $26.43 per day.
8.4 The allowance
shall compensate the employee for minor follow up work that may result from the
call.
8.5 Where the call
results in the employee returning to work or performing more than minor
follow-up work (i.e. where two or more further calls are required and this
takes more than 15 minutes), the employee shall be entitled to overtime for the
actual time spent responding to the call or a minimum of 3 hours overtime,
whichever is the greatest.
8.6 Where an
employee is required to return to work again after the initial call out, the
employee shall be paid for the actual time spent attending the second and
subsequent call outs.
8.7 Extension of
this provision to other work areas, classifications or specific jobs will be
done in consultation with the Union.
9. Standby Allowance -
Including Standby Associated With Declared Incidents
9.1 Standby roles -
employees may be directed to be on standby as a:
(i) Duty
Officer - either for general standby or associated with a declared incident
(refer to clause 3 - Definitions); or
(ii) General
standby - an employee appointed on standby to respond to after
hours duty as required.
9.2 Standby duties –
employees directed to be on standby must be readily contactable by telephone,
radio or mobile phone where one has been issued, during the standby period and
be prepared to respond immediately to duty as required. Employees
who are not readily contactable and available for immediate response to duty as
required, will not be entitled to standby payments.
9.3 Duty Officer
support - a Duty Officer may have access to the OEH after hours contact lists,
an OEH vehicle (with radio) and mobile phone (if necessary) dependent on the
requirements of the duty to be performed.
9.4 Standby hours -
the time an employee, can be directed to be on standby is:
(i) 24
hours on a rostered day off; or
(ii) all hours between the finishing time and starting time of
the next day on rostered days on; or
(iii) for an approved period of time to meet operational
requirements with the minimum period being 3 hours.
9.5 Standby rates
9.5.1 An employee required to be on standby will
be paid at the rate of one third their standard hourly rate
(not including any loading) or maximum rate for Clerk Grade 8 as varied from
time to time plus $1.00, whichever is the lesser, for the time they are
required to be on standby outside their normal rostered working hours.
9.5.2 Payment of the standby rates for a Duty
Officer directed to be on standby for a declared incident, will be charged to
the respective declared incident and the overtime barrier will not apply
(except for SES officers) for the duration of the declared incident.
10. Allowance for
Temporary Assignments to Higher Roles
10.1 Employees who
relieve in a higher role for a period of at least 5 consecutive work days will
be paid a proportion (from 50-100%) of the difference between the substantive
salary rate of the occupant of the higher role and the employee’s salary. The proportions shall depend on the range and
level of duties performed in the role. Where the role is vacant, an employee
relieving in the role shall be paid a proportion (from 50% -100%) of the
difference between step one of the grading of the vacant role and the
employee’s substantive salary rate. The proportions shall depend on the range
of the level of duties performed in the roles.
10.2 The terms and
conditions of the Allowance for Temporary Assignments to Higher Roles apply for
the duration of the relieving period.
10.3 The duties and
the proportion of the Allowance for Temporary Assignments to Higher Roles shall
be mutually agreed to prior to the relieving period.
11. Assignment
11.1 Assignment to a
vacant role will be by way of competitive selection based on the merit
principle and in accordance with the provisions of the Government Sector Employment Act 2013.
11.2 Assignment to a
higher starting salary point within the level, grade or class than Year 1 will
be determined by the Chief Executive or delegate, following assessment of the
successful applicant's educational qualifications, past work experience in a
related field and/or relevant competency level.
11.3 Rangers - special
assignments
11.3.1 An employee possessing a minimum of a three
year degree from a recognised university at time of assignment,
shall commence at Ranger Grade 1 Skill Level 1.
11.3.2 An employee possessing a minimum of a 4 year
full-time equivalent degree (including Honours year or a teaching diploma in
addition to a three year degree) from a recognised university at time of assignment, shall commence at Ranger Grade 1 Skill Level 2.
11.3.3 An employee possessing a Masters
Degree or a Doctorate from a recognised university at the time of assignment, shall commence at Ranger Grade 1 Skill Level 3.
11.3.4 Assignment to a higher salary than those
described above, shall be based on the employee having
demonstrated competencies in accordance with the attached schedule which are
assessed by the Area Manager and approved by the delegate.
11.4 Project/Research
Officers - special assignments
11.4.1 An employee with a three year degree in
Science or related discipline from a recognised university will commence at
Project Officer Grade 1 Year 1.
11.4.2 An employee with a four (4) year degree in
Science or related discipline from a recognised university (including an
Honours year or a teaching diploma in addition to a 3 year degree) will
commence at Project Officer Grade 1 Year 2.
11.4.3 An employee with a Masters
degree or a Doctorate from a recognised university will commence at Project Officer
Grade 1 Year 3.
12. Progression
12.1 Progression within levels, grades or classes shall
be by annual increment unless otherwise specified in Part B.
12.2 Increments shall
be processed by supervisors within one month of receipt.
12.3 If increments are
not processed within two months of the due date, the increments will be
processed automatically, and payment backdated to the due date.
12.4 Progression to a
higher level, grade or class shall be by competitive selection for an
advertised vacancy, unless the role is banded across a number of levels, grades
or classes.
12.5 Progression and
competency application for Field Officer, Ranger, Project/Research Officer
classifications.
12.5.1 Progression within levels or grades shall be
by annual increment unless otherwise specified in Annexures 1-3.
12.5.2 Increments shall be processed by supervisors
within one month of receipt.
12.5.3 If increments are not processed within two
months of the due date, the increments will be processed automatically, and
payment backdated to the due date.
12.5.4 Progression and competency applications
shall be processed by supervisors within three months of receipt.
12.5.5 Progression to a higher level or grade shall
be by competitive selection for an advertised vacancy, unless the role is
banded across a number of levels or grades.
13. Project Teams
13.1 The Chief
Executive or nominee may request employees to perform work in a designated
project team.
13.2 An employee may
decline an offer to work in a designated project team.
13.3 When undertaking
work in a designated project team, the employee shall be paid:
(i) the rate for the job as determined by job evaluation; or
(ii) at least one salary level higher than their substantive
rate.
13.4 An employee
working in a designated project team on a full-time basis will not be required
to carry out the duties of their substantive role in addition to the project
duties.
13.5 Project team jobs
may be either full-time or part-time.
14. Hours of Work
14.1 General
14.1.1 The organisation of work and ordinary hours will optimise work
effectiveness and the fulfilment of the reasonable needs of employees.
14.1.2 The
standard hours of work will be those necessary for the completion of routine
work and this clause sets out the ordinary hours and conditions attached to
exceptions (other than declared incidents).
14.1.3 Except
as otherwise provided, ordinary hours of work will be an average of 35 per
week, over a settlement period, to be worked between 6:00 a.m. and 8:00 p.m.
14.1.4 Employees,
except those classified as Rangers, Senior Rangers, Assistant District
Managers, Field Officers, Senior Field Officers, Field Supervisors and Senior
Field Supervisors may only be rostered to work ordinary hours between 6:00 p.m.
and 8:00 p.m., when the employee agrees.
14.1.5 The
parties agree that the appropriate level of service is maintained between the
hours of 8:30 am and 4:30 pm on weekdays consistent with the Guarantee of
Service Policy.
14.1.6 No
employee will be able or be required (other than in incidents) to work more
than 10 ordinary hours per shift (exclusive of travelling time).
14.1.7 Pattern
of hours is the way hours are worked each settlement period; i.e., start/finish
times and days of the week for 7 day roster workers.
14.1.8 The
pattern of hours will be agreed to between the employees and management of the
area with regard to the needs of the OEH, the needs of employees and the
provision of services to the OEH’s customers.
14.1.9 A
roster of hours and days must be set and agreed to in writing 2 weeks before
the settlement period starts.
14.1.10 Hours
of work for roles and/or classifications will be as set out in sub-clause 14.2.
14.1.11 Permanent
changes to the pattern of hours for an employee is subject to consultation
with the employee and/or the Union.
14.2 Ordinary hours
may be organised as follows:
14.2.1 Monday to Friday Workers
(i) Ordinary
hours to be worked from Monday to Friday (inclusive).
(ii) Except as
otherwise provided, all approved work performed outside the bandwidth, on
weekends or public holidays is to be paid as overtime in accordance with the
provisions of clause 16 - Overtime General, of this Award.
14.2.2 Defining Monday to Friday Workers
(i) A
Review Committee will be established for each National Parks and Wildlife
Service region for the purpose of determining the number, if any, of roles to
be reclassified from Seven Day Roster roles to Monday to Friday Day roles in
each region based on principles agreed between the parties including operational
needs.
(ii) Following the
original determination in 14.2.2(i) above, the Review
Committees will meet to review that determination within 12 months.
(iii) Subsequent to
the review in 14.2.2(ii) above, any further changes will be the subject of consultation
between the local delegate and manager based on operational needs.
(iv) New
employee(s) will be offered a Monday to Friday Roster role if a vacancy exists
in this category as determined in paragraphs14.2.2 (i)
and (iii).
(v) Disputes
arising from the process will be dealt with pursuant to clause 42 - Industrial
Grievance Procedure
14.2.3 Conversion from Monday to Friday to Seven
Day Roster Worker
(i) The
determination of a role being reclassified from Monday to Friday to a Seven Day
Roster role will be made by the OEH on the basis that:
(a) Where an
employee employed in a Monday to Friday role performs work on more than:
23 weekend days and/or public holidays (total) annually
in the case of employees who receive a 17% loading; or
11 weekend days and/or public holiday (total) annually
in the case of employees who receive an 8.5%
loading,
the employee will have the
option of choosing to remain a Monday to Friday Day Worker or make a claim to
the OEH to have the role converted to a Seven Day Roster Worker role that
attracts the loading; or
(b) By agreement
between the local manager and delegate, a Monday to Friday Day role is
converted to a Seven Day Roster role.
(ii) Nothing
in this clause is intended to derogate from the rights of employees’ opt in/opt
out rights in paragraph 13.2.5 below.
14.2.4 Seven Day Roster Workers
(i) Seven
Day roster worker is the default category of employment for the classifications
listed in paragraph 13.2.4 (ii) except where paragraphs 13.2.2 or 13.2.3 apply.
(ii) Seven day
roster workers include the following classifications: Rangers, Senior Rangers,
Assistant District Managers, Field Officers, Senior Field Officers, Field
Supervisors and Senior Field Supervisors.
This list is not exhaustive. Identification of additional roles will be
done in consultation with the union.
(iii) This provision
will also relate to specifically identified roles where the working of a seven
day operation is necessary for the efficient and effective operation of the
role. Identification of roles that are to be designated Seven Day Roster
Workers will be done in consultation with the union.
(iv) Seven Day Roster
Worker employees who were employed prior to 30 August 2010 and who receive the
relevant loading under the Award will continue to be entitled to the loading
until the employee chooses to opt out and their proposal is agreed to by the
local manager pursuant to paragraph 14.2.5.
Current employees will retain the loading should they transfer or win a
promotion to another role as defined in the default employment category.
(v) Ordinary hours
for employees specified in paragraphs14.2.4(ii) and14.2.4 (iii) are to be
worked from Monday to Sunday (inclusive) within the bandwidth of 6:00 a.m. to
8:00 p.m., unless otherwise agreed to between the OEH and the employee
concerned
(vi) Employees
working this pattern of hours are to have at least two consecutive full days
off per week, unless otherwise agreed to between the OEH and the employee
concerned.
(vii) Employees shall
not be rostered to work more than two consecutive weekends (i.e. Saturday and
Sunday), unless the employee agrees to do so.
(viii) A loading of 17%
of annual base salary is payable to Rangers, Field Officers and Senior Field
Officers for working up to a maximum of 45 combined weekend days (i.e.
Saturdays and Sundays) and 5 Public Holidays and is paid in lieu of all other
penalty rates.
(ix) A loading of 8.5% of annual base salary is
payable to Senior Rangers, Assistant District Managers, Field Supervisors and
Senior Field Supervisors for working up to a maximum of 22 combined weekend
days (i.e. Saturdays and Sundays), and 3 Public Holidays and is paid in lieu of
all other penalty rates.
(x) If an employee
agrees to work more than the maximum specified in sub-clauses (viii) or (ix) of
this clause, no additional payments or day in lieu shall be made.
(xi) Employees
referred to in sub-clauses (viii) or (ix) of this clause who are directed to
work more weekend days and public holidays than those prescribed for their role,
will be paid penalty rates as follows:
Table 3
(a)
|
Saturdays
|
a 50% loading for each additional day worked
|
(b)
|
Sundays
|
a 75% loading for each additional day worked
|
(c)
|
Public Holidays
|
a 150% loading for each additional day worked
|
(xii) The loading specified
in sub-clauses (viii) and (ix) of this clause will be paid for the purposes of
superannuation and all paid leave, other than where such leave is for a period
of over 3 months.
14.2.5 Opt Out and Opt In
(i) Where
Seven Day Roster employees choose not to be rostered in accordance with Seven
Day Roster provisions in the Award and where management can manage the
locations concerned without these employees being on the Seven Day Roster, then
such employees may opt out of being on a Seven Day Roster subject to:
(a) paragraph 14.2.2 being satisfied; and
(b) with written approval from the OEH.
(ii) Prior to
externally advertising a vacant Seven Day Roster role of the same
classification that attracts the loading, the role will:
(a) in the first instance, be offered to
employees from the same Area or Unit that have previously opted out of their
entitlement to the loading;
(b) if no employees
that have previously opted out accept the offer to opt back in, the role will
be offered to employees that are Monday to Friday workers in the same Area or
Unit as a result of new employment.
14.2.6 Twenty Four Hour Bandwidth Workers
(i) A 24 hour bandwidth, inclusive of weekends
and public holidays, may be implemented for employees required to undertake or
assist in duties including but not limited to law enforcement and surveillance
as part of their normal duties. A 24 hour bandwidth provides the OEH with the
flexibility required to ensure that such essential and/or urgent tasks,
surveillance work, and field work are conducted in an efficient and timely
manner.
(ii) Ordinary hours
to be worked from Monday to Sunday (inclusive).
(iii) Ordinary hours
to be worked at any time within a 24 hour bandwidth, with no fixed core time.
(iv) Except
as otherwise provided, all approved time worked in excess of 140 hours per
settlement period of 4 weeks shall be paid as overtime.
(v) Employees who
are required to work their ordinary hours in a 24 hour bandwidth will perform
the work subject to:
(a) Not more than
10 hours are to be worked in one day;
(b) Hours usually
being worked from Monday to Friday;
(c) An employee
having 2 days off per week;
(d) An employee not
being directed to work more than 12 consecutive days without the payment of
overtime;
(e) An employee not
being directed to work more than 2 consecutive weekends; and
(f) An employee not
being directed to work more than 75 days field work per annum.
(vi) A
loading of 9.7% shall be
paid to all employees working on a 24 hour bandwidth in lieu of any other penalty
rates for working ordinary hours on weekends and public holidays.
(vii) A 24 hour
bandwidth will not be implemented where the provisions as per the seven day
roster - see sub-clause 14.3 of this Award - will accommodate the operational
requirements of the NPWS.
(viii) Implementation
of a 24 hour bandwidth in NPWS will only occur following consultation and
agreement of the union.
14.3 Set Pattern of
Hours
14.3.1 These provisions apply to employees in the
Field Officer classification who work a set pattern of hours within each 4 week
roster period.
14.3.2 The set pattern of hours will be decided and
agreed to by the employee and their supervisor at the time each 4 week roster
is determined.
14.3.3 The starting and finishing times set for the
roster period will be within the bandwidth of 6:00 a.m. and 8:00 p.m. (Monday
to Sunday) inclusive.
14.3.4 The set pattern of ordinary hours of work,
exclusive of meal breaks can be worked as:
(i) five 7 hour 22 minute days with 22 minutes
accruing towards an allocated day off each 4 week roster period; or
(ii) four 9 hour 20 minute days with 35
minutes accruing towards an allocated day off each 4 week roster period.
14.3.5 The working of four 9 hour 20 minute days
per week can only occur with the Area Manager’s approval. The employee shall
give 2 weeks’ notice prior to the commencement of this arrangement to the Area
or Regional Manager, where possible and 2 weeks’ notice of its cessation, by
mutual agreement.
14.3.6 Any paid leave, e.g. recreation leave, sick
leave or Family and Community Service leave, and any public holiday occurring
during the settlement period, shall be a day worked for accrual of an allocated
day off.
14.3.7 Days taken as leave without pay do not
accrue any time towards an allocated day off.
15. Variation of Hours
15.1 Where the OEH
directs that the set starting and finishing times and/or days to be worked be
changed, employees shall be given at least 2 weeks’ notice. (This requirement
does not apply in incidents.)
15.2 Where the hours
and/or days are varied by mutual agreement between the OEH and the employee
within the bandwidth, no penalty is paid.
15.3 Where the OEH
provides 2 weeks’ notice that the hours and/or days are to be varied, and the
variation is within the bandwidth, no penalty shall apply.
15.4 Where the OEH
does not provide 2 weeks’ notice that the hours and/or days are to be varied,
and the variation is within the bandwidth, a 25% loading on base salary, based
on a 7 hour shift, shall apply.
15.5 Where the
employee requests a variation to hours and/or days and this is agreed by the
OEH, no loading shall be paid.
15.6 In respect of
Hazard Reduction Burns, there is a period of two months in each calendar year
where the daily bandwidth of hours will be 6:00 a.m. to 10:00 p.m. for the
Award classifications that are covered by the Set Patterns of Hours clause
(sub-clause 14.3). The Regional Manager
in consultation with the local delegates will determine the designated period
or 2 periods each year to be worked under this agreed arrangement. Such
employees during the designated period/s, may be
called upon to work on Hazard Reduction Burns on 24 hours’ notice without the
payment of the additional 25% loading penalty.
16. Overtime - General
16.1 General
16.1.1 General overtime conditions of employees
under this Award shall be regulated in accordance with the provisions contained
within the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009 or any successor instrument to that Award.
16.1.2 Overtime is payable for all approved time worked:
(i) In excess of 7 hours per day or the daily
contract hours, whichever is appropriate, where such work is at the direction
of the OEH; or
(ii) Outside the bandwidth, except where such work is associated with
incidents as defined.
16.1.3 If overtime is taken as time in lieu, it
must be taken within six months of accruing.
16.2 Overtime at Home
16.2.1 Employees covered by this Award may work
overtime from home where the nature of work allows for it and prior approval
has been sought and given.
16.2.2 No meal allowance is paid when working
overtime at home.
17. Meal Breaks
17.1 Unpaid Meal
Breaks
17.1.1 An unpaid meal break of at least 30 minutes
shall be taken no later than 5 hours after the commencement of work.
17.1.2 In some cases, due to the nature of the
work, the meal break shall be for a set period of time. In these cases, employees shall be allowed at
least 30 minutes.
17.2 Paid Meal Breaks
17.2.1 Meal breaks taken whilst working overtime shall
be paid at single time rates.
17.2.2 A meal break of 30 minutes shall be taken no
later than two hours after the commencement of overtime.
17.2.3 If overtime continues, an additional meal
break of 30 minutes shall be taken after the completion of each 5 hours worked.
18. Rest Breaks
18.1 There must be a
break of at least ten (10) consecutive hours between an employee’s normal
finishing time and normal start time. Where an employee is directed to commence
work without having had their required rest break, they will be paid overtime
rates until they are released from duty.
18.2 Where an employee
is recalled to work after their finishing time, and works for a total of less
than 4 hours, they are entitled to a rest break of at least 7 consecutive hours
before their next start time, and are entitled to be paid for any time
lost. If they are directed to return to
work and have not had their rest break, they are to be paid at overtime rates
until they are released from duty.
18.3 Where an employee
is recalled to work after their finishing time, and works for a total of more
than 4 hours, they are entitled to a 10 hour rest break and shall be paid for
any time lost. Where the employee is
directed to commence work without having had their required rest break, they
will be paid overtime rates until they are released from duty.
19. Flexible Working
Hours
19.1 So as to ensure
consistent application and the orderly implementation of the new provisions
across the OEH the commencement date for the provisions set out in this clause
of the Award shall be as agreed between the parties.
19.2 Ordinary Working
Hours
19.2.1 Full-time ordinary
working hours shall be an average 35 hours per week over a 4 week period.
19.3 Bandwidth
19.3.1 Bandwidth is the
period during the day when employees may record time worked.
19.3.2 Standard Bandwidth
(i) The
Standard Bandwidth commences at 6:00 a.m. and ceases at 8:00 p.m. for employees
in roles classified as Ranger, Senior Ranger and Assistant District Manager.
For all other employees the Standard Bandwidth is 6:00 a.m. to 6:00 p.m. unless
the employee has agreed to work their ordinary hours in a wider bandwidth until
8:00 p.m. The maximum number of hours that can be recorded as being worked
under this bandwidth is 10 hours (10.5
hours less a 0.5 hour
lunch break). This will be the bandwidth that an employee covered by this Award
operates under unless their bandwidth is varied as per clause15 above.
(ii) The Standard
Bandwidth starting and finishing times may only be
varied in circumstances where prior approval by the appropriate delegate has
been granted for such a variation. A
variation may apply to a group of employees or an individual employee.
19.4 Guarantee of
Service
19.4.1 This is the specified period during the day
between the hours of 8:30 a.m. and 4:30 p.m. on a weekday when an appropriate
level of service is maintained in NPWS work locations.
19.5 Accrual and the
taking of flex leave
19.5.1 Employees
are able to take 14 hours, i.e. two days (2) flex leave days, off in a
settlement period as long as they have accumulated enough hours to do so.
19.5.2 With
prior management approval, employees may accumulate a credit balance of 14-35
hours to enable them to have up to 5 flex leave days in a settlement period, to
be taken at a mutually convenient time.
19.5.3 Employees
who continually fail to take annual leave as a result of taking extended
periods of flex leave may be placed on standard hours by management following
appropriate consultation until a reasonable leave balance is established in
accordance with the Award provisions.
19.5.4 Supervisors
will have full and open 24 hour access to an employee’s time sheet records and
records pertaining to an employee’s flex leave.
19.5.5 Employees
may carry forward to the next settlement period, in accordance with paragraphs
19.5.1 and 19.5.2 above a credit balance of up to 35 hours or a debit balance
of 10 hours.
19.5.6 Flex
leave can be taken at either the beginning or end of a period of leave.
19.5.7 Flex
leave can be taken as either half days or full days. Time outside the bandwidth
will not accrue to flex time balance.
19.5.8 Employees
must have prior approval before taking flex leave.
19.5.9 On
cessation of duty, Flex Credits will be dealt with in accordance with sub-clause
21.14 of the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009 or any successor instrument to that Award.
20. Temporary and
Casual Work Arrangements
20.1 Temporary and
casual employees will be employed by the OEH in accordance with the provisions
of the Government Sector Employment Act 2013.
20.2 Temporary
Employees
20.2.1 Temporary
employees may be employed by the OEH on either a full-time or part-time basis
in any NPWS classification contained in this Award for a fixed term for a
maximum period of up to three years.
Continuation of employment beyond 3 years may only be offered on an
ongoing basis.
20.2.2 Temporary
employees shall be entitled to uniforms (if the role requires such use), Annual
NPWS Entry Permits (if employed in excess of twelve months), training and staff
development opportunities.
20.2.3 In
accordance with the Superannuation Guarantee legislation, temporary employees
are entitled to employer-based contributions to their nominated superannuation
fund.
20.2.4 Temporary
employees employed for a period in excess of three months are entitled to the
accrual of leave. In the case of
temporary employees employed for less than three months, no leave accrual is available, however, payment of 4/48ths in lieu of recreation
leave will be made on termination of employment.
20.3 Casual Employees
20.3.1 Casual
employees shall be engaged by the OEH on an irregular and intermittent basis
and shall be paid fortnightly or at the termination of engagement, whichever is
the earlier, for the number of hours worked.
20.3.2 The
casual hourly rate is determined by the following formulae:
(i) Annual
salary of the role divided by 260.8929 divided by 7 = Base hourly rate;
(ii) Rate for Monday
to Friday = base hourly rate plus 25%;
(iii) Rate for
Saturday = base hourly rate plus 58%;
(iv) Rate
for Sunday = base hourly rate plus 83%;
(v) Rate for Public
Holidays = base rate plus 158%;
20.3.3 The
rate of pay for casual employees shall be set in recognition of the skills and
experience of the employee which is relevant to the work to be performed.
20.3.4 The
casual hourly rates of pay are inclusive of all forms of leave except for long
service leave entitlements which accrue according to the provisions of the Long Service Leave Act 1955. Casuals are
entitled to be paid overtime for time worked in excess of their normal daily
contract hours to the next quarter hour.
20.3.5 Overtime
payments for casual employees are calculated on the ordinary base hourly rate
(the 25% loading is not included).
20.3.6 Casual
employees shall also receive the following entitlements in accordance with the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009
or any successor instrument to that Award:
(i) Unpaid
parental leave in accordance with paragraph 12.5.4
(ii) Personal
Carer’s entitlement in accordance with sub-clause 12.6 and
(iii) Bereavement
entitlement in accordance with sub-clause 12.7
20.3.7 This
entitlement is also set out in this Award at Annexure 4 - Casual Leave
Entitlements.
20.3.8 Casual
employees shall be engaged and paid for a minimum of three consecutive hours
for each day worked.
21. Part-Time Work
Arrangements
21.1 Part-time work
may be available to:
(i) ongoing and temporary employees who wish to work part-time
in an existing role;
(ii) existing full-time or part-time employees applying for
promotion or transfer if they are willing to work the approved hours of the
role;
(iii) employees recruited and assigned to a role where the
approved hours are less than full-time.
21.2 The decision to
work part-time is voluntary. No employee
shall be directed or placed under any duress to move from full-time to
part-time employment or vice versa.
21.3 Employees
employed on a part-time basis may elect to work full-time at any time, subject
to the appropriate work being available for the classification and level, grade
or class of the role.
21.4 Return to
full-time employment before the expiry of the agreed period of part-time work
is subject to availability of work and adequate period of notice.
21.5 Employees
employed on a part-time basis shall not be expected to carry out all of the
responsibilities of a full-time job in part-time hours.
21.6 Employees
employed on a part-time basis shall not be subjected to pressure to be
available for work outside their usual part-time hours. Where the nature of work may from time to
time require them to work outside agreed part-time hours any arrangements to
alter the existing part-time work arrangement need to be negotiated and agreed
to at the outset.
22. Job Sharing
22.1 The parties to
this Award confirm a commitment to providing flexible work conditions through
job sharing.
22.2 The OEH will
support employees sharing a role provided that:
(i) the arrangement is fair and equitable to the employees
involved;
(ii) the employees involved in the job sharing arrangement agree
to the arrangement;
(iii) the arrangement can be on an ongoing or temporary basis;
(iv) the arrangement is in the best interests of the smooth
functioning of the OEH, ensuring that customer/client-OEH relationship is
maintained.
22.3 The days each
employee shall work should be consecutive, and negotiated and agreed to by all
parties involved before commencement of employment.
22.4 Some examples
are: 2 days one week and 3 days the next week; Thursday to Wednesday worked on
alternate weeks; Monday, Tuesday, alternate Wednesday and alternate Wednesday,
Thursday, Friday.
22.5 The employees
involved in the job share arrangement should maintain close contact to ensure
continuity of work completed by them.
23. Public Holidays
and Public Service Holiday
23.1 General
23.1.1 Unless directed to
attend for duty by the Chief Executive or delegate, an employee is entitled to
be absent from duty on any day which is:
(i) a declared public holiday throughout the State;
(ii) a declared local holiday in the part of the State at or from
which the employee performs duty; and
(iii) a Public Service Holiday in accordance with any directives
issued by the Secretary.
22.1.2 If a declared
local holiday falls during an employee’s absence on leave, the employee is not
to be credited with the holiday.
23.2 Monday to Friday
Workers
23.2.1 Those employees
required to work on a declared public holiday shall be paid overtime in
accordance with clause 16, Overtime.
23.2.2 Employees who are
required to work on a Public Service Holiday will be able to take a day off in
lieu within 12 months at a time agreed between the employee and their
supervisor.
23.3 Seven Day Roster
Workers
23.3.1 Employees covered
by this Award may be required to perform their ordinary hours on a declared
public holiday, a declared local holiday, or a public service holiday as per
clause 14, Hours of Work.
23.3.2 Payment for time
worked on a declared public holiday will be in accordance with the provisions
of clause 14, Hours of Work or clause 16, Overtime – General, as is
appropriate.
23.3.3 Provisions of
paragraph 23.3.2 do not apply to an employee who is required to work on a Public
Service Holiday and this is not included in the specified number of public
holidays for which the loading is paid as per clause 14, Hours of Work, of this
Award. The employee will be entitled to
take a day off in lieu within 12 months at a time agreed between the employee
and their supervisor.
23.4 Twenty Four Hour
Bandwidth Workers
23.4.1 Employees working
a twenty four hour bandwidth may be required to work ordinary hours on a
declared public holiday, a declared local holiday or a public service holiday.
23.4.2 Such employees
shall not receive any additional payment for ordinary hours worked on a
declared public holiday or a public service holiday.
23.4.3 Such employees
shall not receive an additional day off or annual leave day for ordinary time worked
on a declared public holiday or public service holiday.
24. Leave
24.1 General
24.1.1 General
leave conditions of employees under this Award shall be regulated in accordance
with the provisions contained within:
(i) the Act and Regulation, and
(ii) Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 or any successor
instrument to that Award, and
(iii) The OEH’s
policies as agreed and reviewed from time to time.
24.1.2 Employees
employed on a part-time basis will accrue any leave on a pro-rata basis, which
will be determined on the number of approved contract hours worked in a pay
period.
25. Recreation Leave
and Annual Leave Loading
25.1 Recreation Leave
25.1.1 For Monday to
Friday workers paid recreation leave accrues at the rate of 20 working days per
year,
25.1.2 For Seven Day
Roster Workers paid recreation leave accrues at the rate of 30 days per year,
25.1.3 For Twenty Four
Hour Bandwidth Workers paid recreation leave accrues at the rate of 30 days per
year.
25.2 Annual Leave
Loading
25.2.1 Annual Leave
loading for Monday to Friday Workers is 17.5%
on the monetary value of up to 4 weeks of recreation leave accrued in a leave
year.
25.2.2 Annual Leave
loading for 7 Day Roster Workers and Twenty Four Hour Bandwidth Workers is 17.5% on the monetary value of
up to 5 weeks of recreation leave accrued in a leave year.
25.2.3 The annual salary
paid to Field Officer classifications is inclusive of
annual leave loading.
26. Family and
Community Service Leave
26.1 Family and
Community Service Leave for employees covered by this Award shall accrue and be
granted in accordance with clause 71 of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009 or any successor instrument to
that Award howsoever named and as varied from time to time.
27. Excess Travel Time
27.1 Time spent
travelling, as defined under clause 27 of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009 or any successor instrument to
that Award:
(i) before
the agreed bandwidth commences, and up to 1 hour thereafter, and from one hour
prior to the end of the agreed bandwidth; or
(ii) commencing a set pattern of hours as per sub-clause 14.3 of
this Award shall be able to be claimed as 'Travelling Time'.
27.2 Provided that
travelling time shall not include any period of travel between 11:00 p.m. on
any one day and the start of the employee’s bandwidth on the following day
where the employee has travelled overnight and sleeping facilities have been
provided for the employee.
27.3 Where
organisational requirements prevent an employee taking Time in Lieu for Excess
Travelling Time within the timeframe under the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009 or any successor instrument to
that Award it will be paid out by application.
27.4 The accrued time
in lieu may be added to the employee’s Accrued Flex hours under sub-clause 19.5
to be taken at a mutually convenient time but at all times the nature of the
time being accrued (i.e. time in lieu or flex time) must be clearly
distinguished and recorded by the employee.
28. Contact with
Employees on Parental and Maternity Leave
28.1 All parties agree
to implement the provisions of sub-clause 75.20 of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009 and which aims to
maintain contact with employees specifically in the context of workplace
change, restructuring and office relocations and attendance at relevant
training courses.
28.2 It is recognised
that some employees may not wish to keep in contact with the OEH while they are
on leave.
29. Incident
Conditions
29.1 General
29.1.1 The following conditions apply in
circumstances where an incident is declared and approved by the Regional
Manager until such time as the declaration of the incident is lifted.
29.1.2 Flexible Working Hours Arrangements and
bandwidths will be suspended at the time of the incident being declared for
those employees involved in the incident.
29.1.3 Adjustments to hours will be carried forward
to the next settlement period.
29.1.4 On successful completion of basic fire
fighting training all employees will be issued with appropriate personal
protective and other equipment in accordance with the OEH’s Fire Management
Manual as varied from time to time.
29.1.5 Employees directed to return from annual
leave to attend an Incident will be compensated for pre-paid accommodation and
return travel from their leave destination to home at either First Class Rail
Travel or economy air travel for themselves and any dependents or at Official
Business Rate if a private vehicle is used.
Employees will be further compensated by single hourly rate for all
hours travelled. Such employees will
have the same option as employees called from an Allocated Day Off or Flexi Day
Off as in paragraph 29.2.5 of this Award.
29.1.6 "Incident Controller" within this
clause means an employee responsible for incident activities including the
development and implementation of strategic decisions and for approving the
ordering and releasing of resources.
29.2 Conditions
29.2.1 For the purpose of calculating payment for
incident duty, the salary rate shall be the employee’s substantive salary or as
prescribed in sub-clause 28.5 Incident Responsibility Rates, whichever is the
greater.
29.2.2 Call out to attend an Incident will be paid
at a minimum of three (3) hours overtime, or by mutual agreement, time in lieu
at overtime rates.
29.2.3 All travel to and from an incident will be
paid as if part of the Incident.
29.2.4 If an employee is away from their own Area
for the purposes of attending an Incident, and are not required to work and it
is not possible to return to their home, seven hours normal pay will be paid
per day until they return home or their usual place of work, whichever is the
sooner.
29.2.5 Employees required to work on their
Allocated Day Off/Flexi Day/Rostered Day Off will be receive either:
(i) overtime for the
whole shift in addition to the normal pay for the day; or
(ii) overtime for the whole shift (minus the
normal days pay) plus a day off in lieu of the
rostered day off to be taken at a mutually agreed time.
29.2.6 This must be marked clearly on time sheets
or the assumption will be that the rostered day off has been deferred.
29.3 Start and Finish
Times
29.3.1 On a normal rostered day on, start will be
from normal workplace and finish will be on return to normal workplace plus 30
minutes.
29.3.2 On a Rostered Day Off, start will be on
leaving place of abode and finish will be on return to place of abode plus 30
minutes.
29.3.3 Where it is not possible to return to place
of abode or normal workplace, start will be on leaving accommodation and finish
will be on return to accommodation plus 30 minutes.
29.3.4 Where an officer is called to an Incident
from their place of abode after the completion of a normal shift, starting time
will be at the time of the call, and finishing time will be on return to
accommodation plus 30 minutes.
29.4 Shift
arrangements during Incidents
29.4.1 A normal shift is seven hours,
however employees may only be required to work a maximum of twelve hours on
site. However, the initial shift
following the declaration of an Incident may extend to a maximum of sixteen
hours on site. (The intention of this
Award is to allow flexibility in exceptional circumstances; e.g., new crews
arriving late, unforeseeable worsening of the Incident).
29.4.2 A minimum eight hour break, not including
travelling time, must be taken between shifts, and where possible a ten hour
break is recommended.
29.4.3 After completion of three consecutive shifts
on incident duties or five consecutive shifts carrying out support functions in
connection with incidents (such as catering Teams and Administrative
Assistance) a twenty four hours break with payment at single time rates, shall
be provided before continuing with incident duties or support functions or to
return to normal duties. Where employees
are required to take rest break days additional to those referred to above,
such days shall also be paid at the single time rate. Employees shall not be required to take flexi
days or flex leave or use any other leave entitlement in order to have the
required rest breaks after performance of incident duties or support functions
in connection with incidents.
29.4.4 It is the responsibility of the Incident
Controller or Delegate to ensure that reasonable shift and rest periods are
adhered to.
29.5 Incident
responsibility rates
29.5.1 The level and grading of Incident Positions,
prescribed by the Australian Inter-Service Incident Management System shall be
determined in line with the OEH’s job evaluation process. Only those persons
assigned to roles identified as Incident Positions shall be paid incident
responsibility rates from the date of the making of this Award.
Table 4
|
2.5% increase effective
from first
|
|
full pay day on or
after 1 July 2018
|
Crew Member
|
$64,189
|
Crew Leader
|
$72,118
|
Sector Commander
|
$80,060
|
Divisional Commander
|
$90,670
|
Operations Officer
|
$97,352
|
Planning Officer
|
$97,352
|
Logistics Officer
|
$120,564
|
Incident Controller
|
$133,617
|
Deputy Incident
Controller
|
|
Safety Officer
|
|
Situation Officer
|
|
Situation Unit Leader
|
|
Resource Officer
|
|
Resource Unit Leader
|
|
Air Attack Supervisor
|
|
Air Operations Manager
|
|
Air Observer
|
|
Airbase Manager
|
|
29.5.2 Employees with specific skills assigned to
work in any of the identified Incident Positions listed in Table 4 will be paid
at their substantive hourly rate or at incident responsibility rate, whichever
is the greater. For employees receiving the Allowance for Temporary Assignments
to Higher Roles or on temporary assignment the substantive hourly rate will be
the hourly rate they were paid when the incident was declared for the duration
of their relieving period or temporary assignment.
29.5.3 Where the level and grading of any new or
additional Incident Positions has not been determined employees will be paid
their substantive hourly rate or for employees receiving the Allowance for
Temporary Assignments to Higher Roles or temporary assignment the hourly rate
that they were paid when the incident was declared for the duration of their
relieving period or temporary assignment.
29.5.4 The overtime barrier rate does not apply to
incident situations, except for officers of the SES.
29.5.5 Employees must be assigned to or exercise
the responsibilities of an incident responsibility role for a minimum of three
hours to receive incident responsibility rates.
Those required to undertake responsibility for less than three hours
have the opportunity to develop experience.
29.5.6 When new incident positions are created they
will be evaluated to determine the appropriate salary and existing incident
positions may be reviewed at the same time.
29.5.7 Incident responsibility rates will move in
line with the Crown Employees (Public Sector - Salaries 2018) Award or any
successor instrument to that Award.
29.6 Payment
associated with Incidents
29.6.1 This replaces the provisions of clause 16,
Overtime, in relation to overtime worked in respect of incidents.
29.6.2 Payment will be calculated as follows:
(i) Double time for all hours from start of
incident regardless of day, night, Saturday, Sunday or Public Holidays.
29.6.3 No employee shall have time deducted from
pay for meal breaks unless they are actually relieved of Incident Duties for
the period of the break and clean up time - e.g. 30-45 minutes. Where meals are
provided to an employee on the ground and eaten in conjunction with incident
duties, no deduction will be made from pay.
29.7 Family and
Dependent Care During Incident Conditions
29.7.1 The OEH will compensate employees for
additional dependent care expenses (receipts must be provided) relating to time
worked during the incident. This must be
arranged with the Incident Controller as soon as practical and each case will
be assessed by the Incident Controller.
29.7.2 The OEH will notify a nominated family
member or friend as to the whereabouts of employees when extended shifts are
required.
29.8 Provision of meals
and accommodation while working on Incident
29.8.1 The OEH will generally provide meals
including breakfast, lunch, and dinner, and provide supper for employees
working night shift.
29.8.2 Employees commencing at their normal
workplace will provide their first meal where the meal break falls within their
normal seven hour shift.
29.8.3 If no meal is supplied, a payment of $15.00
per meal is made.
29.8.4 Wherever possible employees will be allowed
to return home or the OEH will provide accommodation in a hotel or motel.
29.8.5 Where returning home or to other
accommodation is not possible or practical and the employees are required to
camp, they will be paid the Field Allowance set out in sub-clause 7.3 -
Allowances, of this Award.
29.9 Standby Associated
with Incidents
29.9.1 When an incident is declared appropriately
trained and qualified employees may be required to be on standby outside normal
rostered working hours.
29.9.2 These provisions do not apply to
classifications where standby is a usual and regular part of their duties such
as Sewage Treatment Plant Officers. Such
classifications will be paid on call allowance in accordance with the
provisions of clause 8 of this Award.
30. Working from Home
30.1 Supervisors may
allow employees to work from home, however, working
from home is not to be a routine arrangement.
30.2 Employees covered
by this Award may be given approval to work from home from time to time.
30.3 Greater access to
working from home is to be given to employees where:
(i) family members are sick; or
(ii) where a project/report requires urgent completion and for
productivity reasons working from home will achieve this; or
(iii) for weekend and night emergency incident management; and
(iv) where the nature of the work allows for it.
30.4 In some cases
where family members are sick, employees may work from home and combine this
with their entitlement to Family and Community Service Leave (where available
and appropriate).
30.5 When working at
home, employees must ensure that they are contactable by their office.
30.6 Employees are
covered by workers’ compensation where prior approval has been given to the
employee to work from home.
31. Dependent Care
31.1 Where dependents
of the employee are sick and require care, the OEH will continue to support the
employee in the following ways:
(i) Family
and Community Service Leave may be taken by an employee to attend to any
medical needs a dependent may have; or
(ii) Where
circumstances allow, an employee may negotiate with their supervisor to work at
home.
31.2 In circumstances
where an employee with a sick dependent is required to attend to work that
cannot be completed from home (e.g. an urgent meeting) assistance will be
available to pay for additional costs associated with in home care for the
dependent, subject to the provision of receipts.
31.3 The OEH will meet
the additional costs involved in before or after school care, where an employee
is required to work beyond their regular hours, resulting in additional cost to
the employee for child care, in an accredited child care program, subject to
the provision of receipts.
Each application will be determined on its merits.
31.4 The parties
reaffirm their commitment to providing dependent care assistance:
(i) to enable employees to attend residential training and
development activities.
(ii) to employees required to work during emergency situations
(iii) to ensure employees are able to perform duties in relation
to incidents knowing their dependents are safe and cared for in a similar
manner to that which they would provide themselves.
31.5 The OEH will
compensate the employee for additional dependent care expenses relating to
hours worked during an incident.
32. Families and Field
Work
32.1 Employees covered
by this Award from time to time will be required to undertake either field work
or to work away from their normal headquarters.
32.2 Employees who
wish to be accompanied by a family member on single day trips,
must obtain approval from their supervisor or Reporting Officer prior to the
trip for the purpose of insurance coverage.
32.3 Employees who
wish to be accompanied by a family member on working trips of more than one day
must obtain approval from their Area Manager or Regional Manager.
33. Training and
Development
33.1 The parties to
this Award confirm a commitment to skill development for employees of the OEH.
33.2 The training and
development of employees covered by this Award will be linked to the
Performance, Development and Feedback system or any replacement Performance
Management System agreed to by the parties. Performance, Development and
Feedback Plans will be established through the system and be relevant to the
employee’s current role and their future career path.
33.3 All training and
development will be managed and conducted in accordance with the OEH’s Learning
and Development Framework as varied from time to time.
33.4 Dependent care
assistance (by way of payment for dependent care) may be provided to enable
employees with dependent responsibilities to pursue residential training and
development opportunities.
34. Study Assistance
34.1 The OEH will
support employees gaining additional skills through formal study and who are
progressing through their course in a consistent way based on the timeframe
indicated by the providing institution.
Where a subject is failed an intention to catch-up must be demonstrated.
34.2 Employees are
entitled to apply for study time and study leave in accordance with the
provisions of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009.
34.3 The following
costs associated with courses:
(i) Higher
Education Contribution Help Scheme fee; or
(ii) TAFE
compulsory fees; or
(iii) Compulsory
post-graduate fees; or
(iv) Compulsory
full fee paying course fees;
will
be reimbursed by the OEH in accordance with the guidelines following.
34.4 The proportion of
fees to be reimbursed where the employee’s application for study assistance has
been approved under these guidelines, and:
(i) is
their first qualification as an employee of OEH: 100% to a maximum of $4,000
per annum refunded where the resultant qualification is directly relevant to
OEH operations or needs and is approved as such by the Chief Executive; or
(ii) is their second or successive qualification as an employee
of OEH: 50% refunded to a maximum of $2,000 per annum where the resultant
qualification is directly relevant to DECC operations or needs and is approved
as such by the Chief Executive.
34.5 Approval for
assistance will be considered annually and refunds will be paid for a maximum
of six annual approvals up to a total amount of $24,000 in respect of
paragraph34.4 (i) or $12,000 in respect of paragraph
34.4 (ii) of this clause, where other requirements have been met as in
sub-clause 34.7 below.
34.6 At the discretion
of the Chief Executive and where the Chief Executive determines that it is in
the interests of the OEH, approval may be given for a maximum of eight annual
approvals as set out in sub-clause 34.4 above.
34.7 To be eligible to
receive a refund, an employee must:
(i) have been employed in the OEH prior to the final examination
in the academic period under consideration and also be in employment on the
date reimbursement is requested;
(ii) produce evidence of having successfully completed a full
stage of an approved course (or the subjects enrolled in at the start of a
semester/year); and
(iii) produce receipts substantiating payments made for compulsory
fees or HECS fee incurred.
34.8 Employees who receive
prior approval for study assistance for a particular course, or qualification
under either the EPA, NPWS or Resource NSW policies
that existed prior to the implementation of this Award, shall continue to
receive their financial assistance in accordance with those policies and their
current approval for that specific course or qualification. Any new course of study and new application
to study will be dealt with under paragraph34.4 (ii).
34.9 Where there is no
break in the continuity of study and given successful completion of approved
study under paragraph 34.4 (i) any subsequent
application for study assistance will be treated as a second application under
paragraph 34.4 (ii) of this clause.
34.10The costs associated with courses as outlined in paragraphs
34.3 (i)-(iv) above are
based on current 2006 costs. The parties
to this Award agree, where there is a significant increase in costs the parties
shall seek to resolve any increase in the listed amounts in paragraphs 34.4 (i) and 34.4 (ii) above. Where no agreement is reached leave is
reserved to seek the assistance of the Industrial Relations Commission.
35. Training
Competency
35.1 The parties agree
to an ongoing commitment to the development and implementation of appropriate
competencies based on the relevant skill and qualification requirements at each
level. Such competencies shall be
developed having regard to National Training Competency standards.
36. Engagement of
Contractors
36.1 The OEH is
committed to establishing a consultative process regarding the use, including
supervision, of contractors by the OEH.
The parties agree that the engagement of contractors will occur in
limited circumstances and in accordance with all applicable policies of the
Public Service Commission, as varied from time to time.
36.2 Supervisors
should, where appropriate, be from the same vocational group as the work being
contracted or be an appropriately qualified person. The parties will consult on
the level of supervision required.
37. Anti-Discrimination
37.1 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.
37.2 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.
37.3 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.
37.4 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.
37.5 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.
37.6 Employers and employees may also be subject to Commonwealth
anti-discrimination legislation.
37.7 Section 56(d) of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
38. Redundancy
Entitlements
38.1 Redundancy
provision payments will be made in accordance with the Managing Excess
Employees Policy, as varied from time to time.
39. Workplace
Environment
39.1 The OEH will
ensure that all employees are provided with a work environment that at least
meets minimum acceptable standards. All
workshops will meet the requirements of the Work Health and Safety Act 2011.
39.2 While there are
no requirements for office workplaces, the OEH agrees to provide employees
covered by this Award with reasonable conditions and space.
39.3 Smoking is
prohibited at all indoor NPWS workplaces and in OEH vehicles.
40. Housing
40.1 The parties agree
to consult on future issues related to OEH-owned housing including the
preparation of briefs for valuers.
40.2 All employees
occupying an OEH house will be required to sign a tenancy agreement.
41. Consultation and
Monitoring
41.1 The parties agree
to continued consultation to ensure the implementation of more flexible work
patterns and arrangements.
42. Industrial
Grievance Procedure
42.1 General
42.1.1 The aim of this procedure is to ensure that,
during the life of this Award, industrial grievances, (including grievances
within the meaning of the Anti-Discrimination Act 1977) or disputes are
prevented or resolved as quickly as possible at the level they occur in the
workplace.
42.1.2 The parties agree that whilst the procedures
contained in this clause are being followed, there is an expectation that
normal work will continue.
42.1.3 In seeking a resolution to any industrial
dispute or industrial grievance, the OEH may be represented by an industrial
organisation of employers, and the employees of the OEH may be represented by
an industrial organisation of employees.
42.1.4 Where the grievance or dispute involves
confidential or other sensitive material (including issues of harassment or
discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the employee to advise their
immediate manager, the notification may occur to the next appropriate level of
management, including where required, to the Chief Executive or delegate.
42.2 Steps to Resolve
Industrial Grievances or Disputes
42.2.1 When a dispute or grievance arises, or is
considered likely to occur, the following steps are to be followed:
Step 1 - The matter is
discussed between the employee(s) and the Reporting Officer or other
appropriate officer concerned and addressed within one week.
The employee(s) concerned may discuss the matter with
the Union delegate, if so desired.
Step 2 - If, after a week since the matter was
discussed with the Union delegate and the Reporting Officer the matter remains
unresolved, the employee(s) concerned may discuss the matter with the Union
delegate and the Branch Director. If the
matter remains unresolved follow Step 3.
Step 3 - If, after a week since the matter was
discussed with the Union delegate and the Branch Director, the matter is still
unresolved, the employee(s) concerned may discuss the matter with the Branch
Director, a representative of the Employee Relations Branch and a Union
delegate and/or official.
Where it is agreed by the parties, and the matter is of
an urgent nature, the employee may go to Step 3 immediately. In the event that
the parties agree to go to Step 3 immediately, no more than a week should
elapse since the matter was first raised until Step 4 is followed.
Step 4 - The matter is discussed between senior
representatives of the OEH and the relevant Union. The parties agree to exhaust
the process of conciliation before considering Step 5 below.
It is agreed that the parties will not deliberately
frustrate or delay these procedures. All efforts are to be made to resolve the
matter promptly. The conciliation process should take no longer than one month,
unless the parties agree to a longer period.
Step 5 - If no resolution is found, the matter may be
referred to the Industrial Registrar in order for the NSW Industrial Relations
Commission or NSW Industrial Court to exercise their functions under the Industrial
Relations Act 1996.
43. Deduction of Union
Membership Fees
43.1 The Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales shall provide the OEH with a schedule setting out its
fortnightly membership fees payable by its members in accordance with the its
rules.
43.2 The Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales shall advise the OEH of any change to the amount of fortnightly
membership fees made under its rules. Any variation to the schedule of its
fortnightly membership fees payable shall be provided to the OEH at least one
month in advance of the variation taking effect.
43.3 Subject to
sub-clauses 43.1 and 43.2 above, the OEH shall deduct the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales fortnightly membership fees from the pay of any employee who is a
member of the Association in accordance with the its rules, provided that the
employee has authorised the OEH to make such deductions.
43.4 Monies so
deducted from the employee’s pay shall be forwarded regularly to the Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales together with all necessary information to enable it to
reconcile and credit subscriptions to employees’ membership accounts.
43.5 Unless other arrangements
are agreed by the OEH and the Public Service Association and Professional
Officers' Association Amalgamated Union of New South Wales, all Union
membership fees shall be deducted on a fortnightly basis.
43.6 Where an employee
has already authorised the deduction of Public Service Association and
Professional Officers' Association Amalgamated Union of New South Wales
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.
44. Saving of Rights
44.1 At the time of
making this Award, no employee covered by this Award will suffer a reduction in
his or her rate of pay or any loss or diminution in his or her condition of
employment as a consequence of making this Award.
45. No Extra Claims
45.1 The No Extra Claims clause (clause 8)
contained in the Crown Employees (Public Sector – Salaries 2018) Award shall
apply to employees covered by this Award.
46. Area, Incidence
and Duration
46.1 This Award will
apply to employees and casual employees in classifications covered by the
Public Service Association and Professional Officers' Association Amalgamated
Union of New South Wales, employed within the National Parks and Wildlife
Service of the Office of Environment and Heritage.
46.2 This Award will
not apply to employees:
(i) transferred
to the Department under Administrative Order of 2 April 2007 and subsequent
Orders which established the Department of Environment and Climate Change
effective 27 April 2007; or
(ii) employed in the Senior Executive Service (SES); or
(iii) employed in the Botanic Gardens Trust; or
(iv) whose current
conditions and entitlements are determined by the Crown Employees (Office of
Environment and Heritage - Parks and Wildlife Group) Field Officers and Skilled
Trades Salaries and Conditions 2015 Award or any successor instrument to that
Award; or
(v) whose current conditions and entitlements are determined by
the Flight Officers Enterprise Agreement 2014 or any successor instrument to
that Agreement.
46.3 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Office of Environment and Heritage -
National Parks and Wildlife Service) Conditions of Employment Award 2015
published 15 January 2016 (378 I.G. 1178),
as varied.
46.4 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 27 November 2018.
46.5 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
46.6 Where this
Award is silent provisions contained in the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009, or any successor instrument to
that Award apply to employees covered by this Award.
PART B
Annexure 1
The rates set out in
Part B, Annexure 1 are subject to the rates as set by the Crown Employees (Public Sector – Salaries
2018) Award or any award replacing it.
Salary Schedule for Ranger Classifications
Classification
and Grades
|
2.5% effective from the
first full pay period on or after
|
|
01.07.18
|
|
Per annum
|
|
$
|
Ranger Classification
|
|
Trainee Rangers
|
|
1st year of service
|
56,605
|
2nd year of service
|
57,621
|
3rd year of service
|
59,357
|
4th year of service
|
60,421
|
5th year of service
|
61,050
|
6th year of service
|
61,934
|
Rangers
|
|
Grade 1
|
|
1st level
|
61,934
|
2nd level
|
64,370
|
3rd level
|
67,961
|
4th level
|
72,839
|
5th level
|
80,283
|
6th level
|
84,982
|
Grade 2
|
|
1st Year
|
86,673
|
2nd Year
|
89,247
|
3rd Year
|
91,962
|
4th Year
|
95,661
|
Senior Ranger
|
|
1st year & thereafter
|
102,812
|
Assistant District Manager
|
|
Grade 1
|
105,875
|
Grade 2
|
113,297
|
Grade 3
|
122,456
|
Grade 4
|
127,648
|
District Manager
|
|
Grade 1
|
108,856
|
Grade 2
|
116,677
|
Grade 3
|
127,648
|
Grade 4
|
135,647
|
Grade 5
|
141,623
|
Progression
Criteria
Rangers
All Ranger roles shall be at the level of Grade
1/2. Progression shall be subject to the
Ranger meeting the required progression criteria and competency levels as set
out in the competency document
Where an employee fails to progress, it shall be the
responsibility of the Area Manager to discuss the reasons for the decision with
the employee concerned. The discussion
should also identify areas where additional competencies or necessary training
are required.
Progression
Trainee Ranger
Progression from level to level shall be subject to:
(a) the successful completion of 6 subjects; and
(b) satisfactory service at the previous salary level.
Progression from Trainee Ranger to Ranger Grade 1 shall
be subject to the employee having successfully completed a 3 year degree from a
recognised university in a discipline appropriate to the field operations of
the Service, and satisfactory work performance.
Ranger Grade 1/2
Progression from level to level within Grade 1 shall be
upon the attainment of the competencies set out in the attached schedule. Rangers will be initially assigned to Level 1
or such other level as is appropriate to their qualifications and competency
levels. Once the Ranger has obtained the
competencies at Level 1 and has been at that level for at least 6 months, they
can apply to be assessed for progression to Level 2.
Progression from Grade 1 to Grade 2 shall be subject
to:
(a) completion of 12 months satisfactory service at Ranger Grade
1 Skill Level 6;
(b) the employee having demonstrated competency in specific
skills as shown in the schedule; and
(c) the Chief Executive being satisfied that the employee’s
performance and nature and quality of work performed warrants progression.
Qualifications - grandfathered provisions
As of 1 April, 2000, all new employees assigned to
Ranger, Senior Ranger, Assistant District Manager, and District Manager
classifications must have an appropriate degree.
Employees employed prior to 1 April 2000 who have an Associate
Diploma in an appropriate discipline to the field operations of the OEH are
encouraged to update their qualification to degree level for promotional
purposes. Employees updating their
qualifications will be eligible for study assistance.
Annexure 2
The rates set out in
Part B, Annexure 2 are subject to the rates as set by the Crown Employees (Public Sector – Salaries
2018) Award or any award replacing it.
Salary Schedule
for Project/Research Officer Classification
Classification and
Grades
|
2.5% effective from the
first full pay period on or after 01.07.18
|
|
Per annum
|
|
$
|
Grade 1
|
|
1st Year
|
64,141
|
2nd Year
|
66,199
|
3rd Year
|
72,2149
|
4th Year
|
77,860
|
5th Year
|
83,465
|
Grade 2*
|
|
1st Year
|
89,406
|
2nd Year
|
92,021
|
3rd Year
|
94,782
|
Grade 3*
|
|
1st Year
|
99,554
|
2nd Year
|
102,749
|
3rd Year
|
105,931
|
4th Year
|
108,041
|
Grade 4*
|
|
1st Year
|
109,075
|
2nd Year
|
112,212
|
Grade 5
|
|
1st Year
|
117,904
|
2nd Year
|
122,905
|
Grade 6
|
|
1st Year
|
130,602
|
2nd Year
|
131,973
|
*Progression criteria
applies
|
|
Salary Schedule for
Project Officer (Aboriginal Positions) Classification
This classification applies to roles responsible for
the management of Aboriginal cultural heritage and/or Aboriginal sites, where
Aboriginality is a legitimate and essential selection criteria and the Service
determines that a degree is not necessary.
|
2.5% increase effective
from the first full pay period on or after 01.07.18
|
Classification
and Grades
|
|
|
Per
annum
|
|
$
|
Project Officer (Aboriginal
Roles)
|
|
Grade 1
|
|
1st Year
|
64,141
|
2nd Year
|
66,199
|
3rd Year
|
72,2149
|
4th Year
|
77,860
|
5th Year
|
83,465
|
Grade 2*
|
|
1st Year
|
89,406
|
2nd Year
|
92,021
|
3rd Year
|
94,782
|
Grade 3*
|
|
1st Year
|
99,554
|
2nd Year
|
102,749
|
3rd Year
|
105,931
|
4th Year
|
108,041
|
Grade 4*
|
|
1st Year
|
109,075
|
2nd Year
|
112,212
|
Grade 5
|
|
1st Year
|
117,904
|
2nd Year
|
122,905
|
Grade 6
|
|
1st Year
|
130,602
|
2nd Year
|
131,973
|
*Progression criteria applies
|
|
Progression
Project/Research Officer
Grade 1
Assignment to Project/Research Officer Grade 1 shall be
by competitive selection for advertised vacancies.
Project/Research Officer
Grade 2
Progression from Project/Research Officer Grade 1 to
Project/Research Officer Grade 2 shall be by:
(a) 12 months
satisfactory service on the maximum salary of Project/Research Officer Grade 1;
and
(b) the employee having demonstrated a capacity to undertake
research involving a degree of originality and independence or to perform work
of equivalent importance or value; or
(c) in the case of an employee not employed on research, the
employee having demonstrated ability and initiative in the performance of
his/her duties and the nature and quality of the work performed warrants such
progression.
Project/Research Officer
Grade 3
Progression from
Project/Research Officer Grade 2 to Project/Research Officer Grade 3 shall be
by:
(a) 12 months
service on the maximum salary of Project/Research Officer Grade 2; and
(b) the Chief
Executive being satisfied that he/she is responsible to the Head of the Unit
for all of the work carried out in his/her individual field and has made
original contributions of a recognised high scientific level in his/her
professional field of work and that he/she is recognised as an authority
therein; or
(c) in the case of
an employee engaged primarily in applied or adaptive research, the Chief
Executive being satisfied that he/she is responsible to the Director for all
applied or adaptive research in his/her particular field of work and is
recognised as an authority therein; or
(d) in the case of an employee primarily engaged in advisory work,
the Chief Executive being satisfied that the quality of the work of the
employee warrants such progression.
Project/Research Officer
Grade 4
Progression from
Project/Research Officer Grade 3 to Project/Research Officer Grade 4 shall be
by:
(a) 12 months
satisfactory service on the salary of Project/Research Officer Grade 3 Year 3;
and
(b) the employee’s
qualifications, ability, reputation, standing and work in the employee’s
professional field, or the extent to which the employee is required to supervise
and give professional direction of a significant nature to employees of an
equivalent salary/grade are, or is such, that he/she would not continue to be
fairly remunerated at the level of the salary prescribed in this Award or
equivalent classification. Any decision
as to the employees to whom such salary shall be payable shall be that of the
Chief Executive.
Project/Research Officer
Grades 5 and 6
Assignment to this grade shall be by way of competitive
selection for advertised vacancies.
Performance Review
Committee
Suitability for progression to
Project Officer Grade 3 and Grade 4 will be evaluated by a Performance Review
Committee comprising:
(a) the relevant Director or nominee;
(b) an independent person having professional status in the
field relevant to the Project/Research Officer’s area of expertise; and
(c) a representative of the Public Service Commission.
Annexure 3
The rates set out in
Part B, Annexure 3 are subject to the rates as set by the Crown Employees (Public Sector – Salaries
2018) Award or any award replacing it.
Salary Schedule
for Field Officer Classification
|
2.5% increase effective from
the first full pay
|
Classification and
Grades
|
period on or after01.07.18
|
|
Per annum
|
|
$
|
Field Officer Base
Grade 1/2: Employees engaged on or after 1 July 2007
|
|
Grade 1
|
|
1st Year
|
48,652
|
2nd Year
|
49,881
|
Grade 2
|
|
1st Year
|
51,031
|
2nd Year
|
53,411
|
Field Officer Grade
1/4: Employees engaged on or after 01.07.07
|
|
Grade 1
|
|
1st Year
|
48,652
|
2nd Year
|
49,881
|
Grade 2
|
|
1st Year
|
51,031
|
2nd Year
|
53,411
|
Grade 3 (A)
|
|
1st Year
|
60,945
|
2nd Year
|
62,020
|
Grade 4 (A)
|
|
1st Year
|
63,756
|
2nd Year
|
64,906
|
Field Officer Grade
1/4: Employees engaged on or before 30.06.07
|
|
Grade 1
|
|
1st Year
|
56,249
|
2nd Year
|
57,302
|
Grade 2
|
|
1st Year
|
58,162
|
2nd Year
|
59,275
|
Grade 3 (A)
|
|
1st Year
|
60,945
|
2nd Year
|
62,020
|
Grade 4 (A)
|
|
1st Year
|
63,756
|
2nd Year
|
64,906
|
Field Officer Grade
B3/B4: Employees engaged on or before 30.06.07
|
|
Grade 3 (B)
|
|
1st Year
|
60,945
|
2nd Year
|
62,020
|
Grade 4 (B)
|
|
1st Year
|
63,756
|
2nd Year
|
64,906
|
Senior Field Officer
and Senior Field Officer (Plant)
|
|
Grade 1
|
|
1st Year
|
66,349
|
2nd Year
|
67,477
|
Grade 2
|
|
1st Year
|
68,841
|
2nd Year
|
70,282
|
Field Supervisor
|
|
Grade 1
|
|
1st Year
|
72,693
|
2nd Year
|
74,359
|
Grade 2
|
|
1st Year
|
76,025
|
2nd Year 2
|
77,693
|
Senior Field
Supervisor
|
|
Grade 1
|
|
1st Year
|
84,290
|
2nd Year
|
86,360
|
Grade 2
|
|
1st Year
|
88,433
|
2nd Year
|
90,503
|
Progression
Criteria for Field Officer Classification
Progression Criteria
Field Officers
All Field Officer roles shall
be at either the level of Field Officer Grade 1-2 or Field Officer Grade
1-4. Field Officers shall progress by
annual increment subject to meeting the required progression criteria and
competency levels as specified in this Annexure.
Where a Field Officer fails to progress, it shall be
the responsibility of the Area Manager to discuss the reasons for the decision
with the employee concerned. The
discussion should also identify areas of where additional competencies or
necessary training, where appropriate.
Field Officer Grade 1
Assignment to this grade shall be subject to
competitive selection for advertised vacancies.
Assignment to this grade shall also be subject to:
(a) possession of a current driver’s licence; and
(b) the employee having demonstrated the essential competencies
from the Field Officer’s competency schedule for Field Officer Grade 1.
Field Officer Grade 2
Progression to the level of
Field Officer Grade 2 shall be subject to:
(a) 12 months
satisfactory service at Field Officer Grade 1;
(b) possession of a current driver’s licence; and
(c) the employee having demonstrated the essential competencies
from the Field Officer competencies schedule for Field Officer Grade 2, as
certified by the direct supervisor and the Regional Manager.
Field Officer Grade 3
Progression to the level of
Field Officer Grade 3 shall be subject to:
(a) 12 months
satisfactory service at Field Officer Grade 2;
(b) drivers licence; and
(c) the employee having demonstrated the essential competencies
from the Field Officers Competency Schedule for Field Officer Grade 3 as
certified by the direct supervisor and Regional Manager.
In addition, joint assessment and certification by the
Regional Manager and the direct supervisor that the employee is competent at performing
the range of work required of a Field Officer Grade 3 and is also able to
demonstrate the efficient application of the skills/qualifications attained.
Field Officer (Plant)
Grade 3
This is an established role for a full-time plant
operator.
Assignment to this role shall be subject to:
(a) the employee
having demonstrated the essential competency from the Field Officer Competency
schedule and these competencies being certified by the direct supervisor and
Regional Manager; and
(b) the employee possessing the relevant certificates of
competency for plant used.
Provided further that assignment to
Field Officer (Plant) shall be subject to competitive selection for advertised
vacancies or by way of transfer.
Field Officer Grade 4
Progression to Field Officer
Grade 4 shall be subject to:
(a) 12 months
satisfactory service of Field Officer Grade 3; and
(b) all the
essential and 10 desirable competency requirements for a Field Officer Grade 3
from the Field Officer competencies schedule as certified by direct supervisor
and Regional Manager.
Field Officer (Plant)
Grade 4
Progression to Field Officer
(Plant) Grade 4 shall be subject to:
(a) 12 months
satisfactory service on salary of Field Officer (Plant) Grade 3; and
(b) all the essential and 10 desirable competency requirements
of a Field Officer (Plant) Grade 3 and these being certified by the direct
supervisor and the Regional Manager.
Senior Field Officer
Grade 1
Assignment to the role of
Senior Field Officer Grade 1 shall be subject to:
(a) competency requirements for assignment to Field Officer
Grade 4.
The Senior Field Officer Grade 1 is the minimum
classification for officers responsible for direct supervision of National
Parks and Wildlife Service employees, volunteers and contractors.
Senior Field Officer
(Plant) Grade 1
Assignment to the role of Senior Field Officer (Plant)
Grade 1 shall be subject to:
(a) competency requirements for assignment to Field Officer
(Plant) Grade 4; and
(b) the employee having demonstrated all the essential
competencies as certified by direct supervisor and Regional Manager.
Provided further that assignment to Senior Field
Officer Grade 1 and Senior Field Officer (Plant) Grade 1,
shall be subject to competitive selection for advertised vacancies.
Senior Field Officer
Grade 2
Progression to the role of Senior Field Officer Grade 2
shall be subject to:
(a) 12 months
satisfactory service at Senior Field Officer Grade 1;
(b) the employee meeting the
competency requirements for assignment to Senior Field Officer Grade 1; and
(c) the employee having demonstrated all essential and 5
desirables for Senior Field Officer Grade 2, as certified by the direct
supervisor and the Regional Manager.
Senior Field Officer
(Plant) Grade 2
Progression to the role of Senior Field Officer (Plant)
Grade 2 shall be subject to:
(a) 12 months
satisfactory service at Senior Field Officer (Plant) Grade 1;
(b) competency requirements for assignment to Senior Field
Officer (Plant) Grade 1; and
(c) the employee having demonstrated all essential and 5
desirable competencies for Senior Field Officer (Plant) Grade 2, as certified
by direct supervisor and Regional Manager.
Senior Field Officer
Grade 3
This is a geographic role which
will apply to smaller Areas where by virtue of their size, a Field Supervisor
is not justified, but where as a consequence of the range of duties undertaken,
the Senior Field Officer would do the work of a Field Supervisor.
Progression to the role of
Senior Field Officer Grade 3 is subject to:
(a) the employee having demonstrated the appropriate level of
skill and competency for the level of Senior Field Officer Grade 3.
Field Supervisor Grade 1
Assignment to the role of Field Supervisor Grade 1
shall be subject to:
(a) competency requirements for assignment to Field Supervisor
Grade 1. Senior Field Officer (Plant)
are also eligible for assignment but must demonstrate the wider skills required
for general Senior Field Officer classification; and
(b) the employee having demonstrated the appropriate level of
competency for Field Supervisor Grade 1, as certified by direct supervisor and
Regional Manager.
Field Supervisor Grade 2
Progression to the role of Field Supervisor Grade 2
shall be subject to:
(a) 12 months
satisfactory service at Field Supervisor Grade 1; and
(b) competency requirements for assignment to Field Supervisor
Grade 2 as certified by direct supervisor and Regional Manager. Senior Field Officers (Plant) are also
eligible for assignment but must demonstrate the wider skills required for
general Senior Field Officers competencies.
Senior Field Supervisor
Assignment to the level of Senior Field Supervisor
Grade 1 shall be subject to:
(a) the employee demonstrating all essential competency
requirements for assignment to Field Supervisor Grade 2, as certified by direct
supervisor and Regional Manager.
Assignment to this
classification shall be subject to competitive selection for advertised
vacancies.
Annexure 4
Casual Leave
Entitlements
Casual employees are entitled to unpaid parental leave
under Chapter 2, Part 4, Division 1, section 54, Entitlement to Unpaid Parental
Leave, in accordance with the Industrial
Relations Act 1996. The following
provisions shall apply in addition to those set out in the Industrial Relations Act 1996
The Chief Executive must not fail to re-engage a
regular casual employee (see section 53(2) of the Act) because:
(i) the employee or employee's spouse is pregnant; or
(ii) the employee is or has been immediately absent on parental
leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
Personal Carers entitlement for casual employees
(i) Casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a family member described in clause 26 who is sick and
requires care and support, or who require care due to an unexpected emergency,
or the birth of a child. This entitlement is subject to the evidentiary requirements
set out below in (iv), and the notice requirements set
out in (v).
(ii) The Chief
Executive and the employee shall agree on the period for which the employee
will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
(iii) A Chief
Executive must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of an
employer to engage or not to engage a casual employee are otherwise not
affected.
(iv) The
casual employee shall, if required,
(a) establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person, or
(b) establish by production of documentation acceptable to the
employer or a statutory declaration, the nature of the emergency and that such
emergency resulted in the person concerned requiring care by the employee.
(c) In normal
circumstances, a casual employees must not take
carer's leave under this sub-clause where another person has taken leave to
care for the same person.
(v) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the employee will inform the employer
within 24 hours of the absence.
Bereavement entitlements for casual employees
Casual employees are entitled to not be available to
attend work, or to leave work upon the death in Australia of a family member on
production of satisfactory evidence (if required by the employer).
The Chief Executive and the casual employee shall agree
on the period for which the employee will be entitled to not be available to
attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance
A Chief Executive must not fail to re-engage a casual
employee because the employee accessed the entitlements provided for in this
clause. The rights of an employer to
engage or not engage a casual employee are otherwise not affected.
The casual employee must, as soon as reasonably
practicable and during the ordinary hours of the first day or shift of such
absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform
the employer during the ordinary hours of the first day or shift of such
absence, the employee will inform the employer within 24 hours of the absence.
PART C
Memorandum of
Understanding
Parties
The
parties to this Memorandum of Understanding are:
The
Industrial Relations Secretary ("The Secretary"); and
The
Public Service Association and Professional Officers’ Association- Amalgamated
Union of New South Wales; and
The Association of Professional
Engineers, Scientists and Managers Australia (NSW Branch). ("The
unions").
1. Introduction
1.1 This Memorandum of Understanding reflects
the agreement reached between the department and the unions in respect of
negotiations throughout 2004, 2005 and 2006 following the amalgamation of the
former National Parks and Wildlife Service; the former Resources NSW; the
Environment Protection Authority and the Royal Botanic Gardens and Domain
Trust, into the Department of Environment and Climate Change.
1.2 This Memorandum will be implemented
through two awards -
The
Crown Employees (Department of Environment and Conservation) General -
Conditions of Employment Award, and
The Crown Employees (Department of Environment and
Conservation) Parks and Wildlife - Conditions of Employment Award.
Both
the awards will be consent awards and will have a duration
of 3 years commencing from the date the Awards are made by the Industrial
Relations Commission of New South Wales.
1.3 The parties agree that the existing
Botanic Gardens Awards will be retained with agreed changes implemented by way
of a determination or determinations made pursuant to s.130 of the Government Sector Employment Act 2013.
1.4 The parties agree to lodge the consent
award applications with the Industrial Relations Commission of New South Wales,
no later than 1 November 2006.
1.5 The parties also agree that none of the
conditions; allowances or any other monetary payments expressed in either of
the new awards or this memorandum will come into effect until such time as the
new awards have been made. All existing arrangements shall continue until such
time as the new awards are operative
1.6 This Memorandum shall have a term
commencing from the date the memorandum is signed by the parties until the
expiry of the two awards.
1.7 The parties agree that this Memorandum
shall also express the agreed position of the parties in respect of a number of
issues that have been the subject of negotiation but have not been included in
either of the awards.
1.8 The parties agree that both awards and any
Botanic Gardens determinations made subject to this Memorandum will include a
clause stating that, for the duration of the Awards, there shall be no further
claims in respect of conditions of employment; the payment of new allowances or
the quantum of existing allowances.
1.9 The parties agree that those matters not
addressed in this Memorandum or attachments to this Memorandum shall remain as
per the existing provisions of the current awards, save for those parts of the
award that require amendment to correct
dates; titles; spelling; grammar etc.
The
parties agree that this Memorandum of Understanding may be relied upon by any
party in respect of any proceeding before the Industrial Relations Commission
of New South Wales.
2. Matters Agreed - Non- Award
2.1 Departmental Performance Management
System: The parties agree that current performance management systems operating
within the Department and known as SPEADS; PMD and CAPS shall be replaced with
a single departmental wide performance management system. The parties further
agree that until such time as the new system is operational, the current
arrangements in situ for performance management shall continue.
2.2 Cultural Heritage Division: (a) The
parties agree that those positions currently known as Aboriginal Project
Officers 1-2 will transfer to the EPO 2-7 grade on the
salary scale and Aboriginal Project Officers 3-4 will transfer to the EPO 9
grade on the salary scale. The date of transfer to the new salary scale shall
be as at the date that the awards are made.
(a) The parties agree to develop progression
criteria for the Aboriginal Project Officer positions after the signing of this
memorandum of understanding and prior to the making of the award.
(b) The parties agree that Aboriginal
Project/Research Officers who have already transitioned to the EPO salary scale
shall have a period of 12 months after the date of the making of the award to
submit an application for a progression. If such an application is successful,
then progression shall take place and salaries shall be paid as a personal
salary to the appropriate point on the Aboriginal Project/Research officer
salary scale.
(c) The parties agree that all other staff
currently employed within the Cultural Heritage Division will transfer to the
closest salary point on the EPO salary scale that is equal to or less than
their existing salary rate. The parties agree that where such a transfer would
result in the employee being paid at a lower rate, the employee shall be paid a
personal salary to the equivalent amount paid under the previous salary scale;
such personal salary rate to continue until such time as the employee vacates
the transferred position or receives an increment that would take them past
their previous personal salary. The parties further agree that there is no
requirement or need for any of the positions effected
by sub-clause (d) to undergo a job evaluation so as to facilitate the transfer
to the new salary scale.
(d) The parties agree that all staff
transferred from the Cultural Heritage Division to the EPO salary scale who
currently receive the remote area allowance as per the Crown Employees (NPWS)
Conditions of Employment 2000 award (clause 5 (D)) shall be paid the difference
in the amount paid pursuant to this award and the amount paid pursuant to the Crown
Employees (Public Service Conditions of Employment) Award as a personal salary
whilst they continue to occupy the same position.
2.3 Interim Award Arrangements: (a) the
parties agree that the arrangement made between the parties following the
amalgamation of the department (the interim award arrangement) shall cease upon
the making of the new awards
(a) the parties further agree that all staff
employed in Policy & Science Division (PSD); Environment Protection and
Regulation Division (EPRD); Sustainability Programs Division (SPD), Corporate
Services Division (CSD); Strategy Communication and Governance Division
(SC&GD) pursuant to the Crown Employees (NPWS) Conditions of Employment
2000 Award will transfer to the closest salary point on the EPO salary scale
that is equal to or less than their salary rate.
(b) The parties agree that where such a
transfer would result in the employee being paid at a lower rate, the employee
shall be paid a personal salary to the equivalent amount paid under the previous
salary scale; such personal salary rate to continue until such time as the
employee vacates the position to which they were transferred or receives an
increment that would take them past their previous personal salary.
(c) The parties agree that in the case of two
officers employed in the Threatened Fauna and Ecology Unit, the 5/7 allowance
currently paid to these officers will cease but the equivalent amount will be
paid by way of a salary adjustment which shall be regarded as a personal salary
for as long as the officers concerned continue to occupy their current
positions.
(d) The parties agree that Project/Research
Officers who have already transitioned to the EPO salary scale shall have a
period of 12 months after the date of the making of the award to submit an
application for progression. If such an application is successful, then
progression will take place and salary shall be paid as a personal salary to
the appropriate point on the PRO salary scale.
2.4 Review of Competency Standards for Rangers
and Roles of Senior Rangers:
(a) The parties agree that the Department
shall undertake a review of the operation of competency standards as currently
applied in respect of rangers.
Review
of roles of Senior Rangers.
(a) The parties agree that these reviews
shall be commenced as soon as is practicable after the signing of this
Memorandum of Understanding.
2.5 Review of Remote Areas Allowance: The
parties agree to enter into discussions with a view to updating the Remote Area
Allowances. The parties further agree
such discussions would commence after the new award arrangements have been
implemented but no later than 1 July 2007. The parties also agree that if the
parties can reach agreement in respect of the remote areas allowance the
relevant award will be varied by consent to reflect the agreed position.
3. Matters Agreed - for Inclusion in the Awards.
3.1 Study Assistance: the parties agree that
both the Awards and the BGT determination shall incorporate the agreed position
in respect of study assistance. The details of the agreed position are set out
in Attachment 1 to this agreement.
3.2 Contact with Employees on Parental or
Maternity Leave: the parties agree to insert within the Parks and Wildlife
Division Award a clause containing the following words: "maintain contact
with employees specifically in the context of workplace change, restructuring
and office relocations and attendance at relevant training courses."
3.4 Pattern of Hours Worked and Flexitime: (a)
the parties agree that a new common provision setting out the pattern of hours
and flexitime will be included in both new Awards and BGT determination. The
new provision shall adopt elements of the system currently in place for Parks
and Wildlife Division staff and the system currently in place for EPO staff
under the current EPA Award. The parties agree that the details of the
provision to be included in the Awards are as set out in Attachment 2 to this
Memorandum of Understanding;
3.5 Incident Conditions: (a) the parties agree
to include within the new The Crown Employees (Department of Environment and
Conservation) General - Conditions of Employment Award a clause which will
enable suitably qualified staff to be temporarily assigned to the following
specific incident positions as currently defined in the Crown Employees
(National Parks and Wildlife Service) Conditions of Employment 2000 Award -
Incident
Controller
Logistics
Officer
Planning
Officer
Operations
Officer
Divisional
Commander
Sector
Commander
Crew
Leader
Crew
Member
And/or
to the following positions which the parties agree shall be added to the
relevant clause of the Crown Employees (Department of Environment and
Conservation) Parks and Wildlife - Conditions of Employment Award -
Deputy
Incident Controller
Safety
officer
Situation
Officer
Situation
Unit Leader
Resource
Officer
Resources
Unit Leader
Air
Attack Supervisor
Air
Operations Manager
Air
Base Manager
Air Observer.
Attachment 1
DEC General and DEC (PWD) & BGT Determination
Study Assistance
(i) DEC
will support employees gaining additional skills through formal study and who
are progressing through their course in a consistent way based on the timeframe
indicated by the providing institution.
Where a subject is failed an intention to catch-up must be demonstrated.
(ii) Employees are
entitled to apply for study time and study leave in accordance with the
provision of the Public Service Industrial Relations Guide or subsequent
revision.
(iii) The following
costs associated with courses -
Higher Education Contribution Help Scheme Fee; or
TAFE compulsory fees: or
Compulsory post-graduate fees; or
Compulsory full fee paying course fees
will be reimbursed by the
Department in accordance with the guidelines following.
(iv) The
proportion of fees to be reimbursed where the employee’s application for study
assistance has been approved under these guidelines, and:
(a) is their first
qualification as an employee of DEC: 100% to a maximum of $4,000 per annum
refunded where the resultant qualification is directly relevant to DEC
operations or needs and is approved as such by the Director General; or
(b) is their second or successive qualification as an employee
of DEC: 50% refunded to a maximum of $2,000 per annum where the resultant
qualification is directly relevant to DEC operations or needs and is approved
as such by the Director General.
(v) Approval for
assistance will be considered annually and refunds will be paid for a maximum
of six annual approvals up to a total amount of $24,000 in respect of subclause
(iv)(a) or $12,000 in respect of sub-clause (iv)(b),
where other requirements have been met as in subclause (viii) below.
(vi) At the
discretion of the Director General and where the Director General determines
that it is in the interests of the Department, approval may be given for a
maximum of eight annual approvals as set out in (v) above.
(vii) To be eligible
to receive a refund, an employee must:
(a) have been employed in the Department prior to the final
examination in the academic period under consideration and also be in
employment on the date reimbursement is requested;
(b) produce evidence of having successfully completed a full
stage of an approved course (or the subjects enrolled in at the start of a
semester/year); and
(c) produce receipts substantiating payments made for compulsory
fees or HECS fee incurred.
(viii) Staff members
who received prior approval for study assistance:
(a) under this clause or similar clause/policy of a related
entity, and
(b) commenced the approved course/subject under the award or
policy at the time, and
(c) there is no break in the continuity of study and successful
completion.
Will be regarded as under the award
clause or policy until the completion of the approved course/study. Any subsequent application for study
assistance will be treated as a second application under subclause (iv)(b) of this clause.
(ix) The costs
associated with courses as outlined in subclause (iii) above are based on
current 2006 costs. The parties to this
Award agree, where there is a significant increase in costs the parties shall
seek to resolve any increase in the listed amounts in subclauses (iv) (a)(b) above. Where no
agreement is reached leave is reserved to seek the assistance of the Industrial
Relations Commission.
Attachment 2
DEC General as
part of current EPA Flexitime clause, BGT Determination and DEC (PWD) clause
Pattern of Hours
(i) Pattern
of hours is the way hours are worked each settlement period; i.e. start/finish
times and days of the week for 7-day roster workers.
(ii) Patterns of
hours can be either flexitime, where start/finish times are flexible within the
bandwidth; or, determined where start/finish times are set.
A. Flexitime
(i) Employees
are able to take two (2) flexi days off in a settlement period, as long as they
have accumulated enough hours to do so.
(ii) With prior
management approval, employees may accumulate a credit balance of 14-35 hours
to enable them to have up to 5 flexi days in a settlement period, to be taken
at a mutually convenient time.
(iii) Employees who
continually fail to take annual leave as a result of taking extended periods of
flex leave may be placed on standard hours by management following appropriate
consultation until a reasonable leave balance is established in accordance with
the Award provisions.
(iv) Supervisors
will have full and open 24 hour access to Employees’ time sheet records and
records pertaining to an employee flex leave.
(v) Employees may
carry forward to the next settlement period, in accordance with (i) and (ii) above a credit balance of up to 35 hours or a
debit balance of 10 hours.
(vi) Flex
leave can be taken at either the beginning or end of a period of leave.
(vii) Flexidays can be
taken as either half days or full days. Time outside the bandwidth will not
accrue to flexitime balance.
(viii) Employees must
have prior approval before taking flex leave.
(ix) On cessation of
duty Flexi Credits will be dealt with in accordance with Clause 20 (n) of the
Crown Employees (Public Service Conditions of Employment) Award 2002 as varied.
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.