CROWN
EMPLOYEES (SENIOR OFFICERS SALARIES 1997) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 989 of 2001)
Before Mr Deputy President Sams 28 May 2001
REVIEWED AWARD
PART A
Arrangement
PART A
Clause Subject
1. Title
2. Definitions
3. Salaries
4. Salary Packaging Arrangements
5. Salary Sacrifice to Superannuation
6. Dispute Settling Procedure
7. Savings of Rights
8. Anti-Discrimination
9. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
1. Title
This Award shall be known as the Crown Employees (Senior
Officers Salaries 1997) Award.
2. Definitions
"Act" shall mean the Public Sector Management Act 1988.
"Award" shall mean this Crown Employees (Senior
Officers Salaries 1997) Award.
"Association" shall mean the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales.
"Officer" means and includes all persons
permanently or temporarily employed under the provisions of the Public Sector Management Act 1988, or
other appropriate Acts, and who, as at the operative date of this Award were
occupying one of the positions covered by this Award or who, after that date,
are appointed to or employed in one such position.
"Public Employment Office" or "PEO"
means the Public Employment Office established under Division 2A of the Public Sector Management Act 1988.
3. Salaries
(i) All officers
will be paid in accordance with the salary structure as set out in Table 1 -
Salaries, of Part B, Monetary Rates.
(ii) Pay movements
within each grade will be incremental (12 months) subject to satisfactory
conduct and service.
(iii) There is to
be no broadbanding of grades.
4. Salary Packaging
Arrangements
(i) By mutual
agreement with the PEO, an officer may, from time to time, elect to receive:
(a) a benefit or
benefits selected from those approved from time to time by the PEO; and
(b) a salary equal
to the difference between the salary prescribed for the officer by Clause 3,
Salaries, of this Award, and the amount specified by the PEO from time to time
for the benefit provided to or in respect of the officer in accordance with
such agreement.
(ii) The agreement
shall be recorded in writing and shall be known as a Salary Packaging
Agreement.
(iii) A Salary
Packaging Agreement shall be for a period of up to twenty four months, unless a
shorter period is mutually agreed between the officer and the PEO at the time
of signing the Salary Packaging Agreement.
(iv) The PEO may
vary the range and type of benefits available from time to time following
discussion with the Association. Such
variations shall apply to any existing or future Salary Packaging Agreement from
the date of such variation.
(v) The PEO will
determine from time to time the value of the benefits provided following
discussion with the Association. Such
variations shall apply to any existing or future Salary Packaging Agreement
from the date of such variation. In
this circumstance, the officer may elect to terminate the Salary Packaging
Agreement immediately.
5. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries prescribed by the 1995 Award as varied by Clause 3, Salaries, an employee
may elect, subject to the agreement of the employee's Department or agency, to
sacrifice a portion of the salary payable under the Clause 3 to additional
employer superannuable contributions.
Such election must be made prior to the commencement of the period of
service to which the earnings relate.
The amount sacrificed must not exceed thirty (30) percent of currently
applicable superannuable salary, whichever is the lesser. In this clause "superannuable
salary" means the employee’s salary as notified from time to time to the
New South Wales public sector superannuation trustee corporation.
(ii) Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(a) subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYE taxation deductions by the amount of that
sacrificed portion; and
(b) any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payment 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 an
employee’s salary, shall be calculated by reference to the salary which would
have applied to the employee under Clause 3 of this Award in the absence of any
salary sacrifice to superannuation made under this Award.
(iii) The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(a) paid into the
superannuation scheme established under the First
State Superannuation Act 1992, as optional employer contributions; or
(b) subject to the
Department’s or agency’s agreement, paid into a private sector complying
superannuation scheme as employer superannuation contributions.
(iv) Where an
employee elects to salary sacrifice in terms of subclause (iii) above, the
Department or agency will pay the sacrificed amount to the relevant
superannuation fund.
(v) Where the
employee is a member of a superannuation scheme established under:
(a) the Police Regulation (Superannuation) Act 1906;
(b) the Superannuation Act 1916;
(c) the State Authorities Superannuation Act
1987;
(d) the State Authorities Non-contributory
Superannuation Act 1987; or
(e) the First State Superannuation Act 1992,
the employee’s Department or agency must ensure that the
amount of any additional employer superannuation contributions specified in
subclause (i) above is included in the employee’s superannuable salary which is
notified to the New South Wales public sector superannuation trustee
corporations.
(vi) Where, prior
to electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with his/her Department or agency to
have superannuation contributions made to a superannuation fund other than a
fund established under legislation listed in subclause (iv) above, the
Department or agency will continue to base contributions to that fund on the
salary payable under Clause 3 to the same extent as applied before the employee
sacrificed portion of that salary to superannuation. This clause applies even
though the superannuation contributions made by the Department or agency may be
in excess of superannuation guarantee requirements after the salary sacrifice
is implemented.
6. Dispute Settling
Procedure
All disputes relating to the provisions of this Award shall
initially be dealt with as close to the source as possible, with graduated
steps for further attempts at resolution at higher levels of authority within
the appropriate Department, if required.
(i) An officer is
required to notify (in writing or otherwise) their immediate manager, as to the
substance of the dispute or difficulty, request a meeting to discuss the matter
and, if possible, state the remedy sought.
(ii) The immediate
manager shall convene a meeting in order to resolve the dispute or difficulty
within two (2) days, or as soon as practicable, of the matter being brought to
attention.
(iii) If the matter
remains unresolved with the immediate manager, the officer may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager shall respond
within two (2) days, or as soon as practicable. This sequence of reference to successive levels of management may
be pursued by the member of staff until the matter is referred to the
Department head.
(iv) The Department
head may refer the matter to the PEO for consideration.
(v) In the event
that the matter remains unresolved, the Department head shall provide a written
response to the member of staff and any other party involved in the dispute or
difficulty, concerning action to be taken, or the reasons for not taking
action, in relation to the matter.
(vi) An officer, at
any stage, may request to be represented by an Association representative.
(vii) The officer,
or the Association on their behalf, or the Department Head may refer the matter
to the Industrial Relations Commission of New South Wales if the matter is
unresolved following the use of these procedures.
(viii) The officer,
Association, Department and PEO shall agree to be bound by any lawful
recommendation, order or determination by the Industrial Relations Commission
of New South Wales in relation to the dispute.
(ix) Whilst the
procedures are being followed, normal work undertaken prior to notification of
the grievance or dispute shall continue unless otherwise agreed between the
parties, or, in the case of a dispute involving Occupational Health and Safety,
if practicable, normal work shall proceed in such a manner as to avoid any risk
to the health and safety of any officer or member of the public.
7. Savings of Rights
(i) At the time
of the making of this Award, no officer covered by this Award will suffer a
reduction in his or her rate of pay or any loss or diminution in his or her
conditions of employment as a consequence of the making of this Award.
(ii) Should there be
a variation to the Crown Employees (Public Sector Salaries June 1997) Award or
an Award replacing that Award, Senior Officers will maintain the same salary
relationship to the rest of the public service. Any such salary increase will be reflected in this Award either
by variation to it, or by the making of a new Award.
8.
Anti-Discrimination
(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
and age.
(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.
(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.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
9. Area, Incidence
and Duration
(a) This award
shall apply to all Senior Officers of the New South Wales Pubic Service.
(b) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Senior Officers Salaries 1997) Award published 16 January 1998 (303
I.G. 13), and all variations thereof.
(c) The award
published 16 January 1998 took effect on and from 4 June 1997 and the
variations thereof incorporated herein on the dates set out in the attached
Schedule A.
(d) 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 18 December 1998 (308 I.G. 307) are
set out in the attached Schedule B and take effect on 28 May 2001.
(e) The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
Schedule A
Award and Variations
Incorporated
|
Clause
|
Award/
|
Date of
|
Date of
|
Industrial
|
|
|
Variation
|
Publication
|
taking Effect
|
Gazette
|
|
|
Serial No.
|
|
|
Vol. Page
|
|
Crown Employees (Senior Officers
|
B5702
|
16.01.98
|
4.06.97
|
303
|
13
|
|
Salaries 1997) Award
|
|
|
|
|
|
|
Part B, Monetary Rates
|
B6852
|
11.06.99
|
1.07.98
|
309
|
764
|
|
5. Salary
Sacrifice to Superannuation
|
B6721
|
9.07.99
|
25.08.98
|
309
|
1155
|
|
Part B, Monetary Rates
|
B7258
|
5.11.99
|
1.01.99
|
|
|
|
Part B, Monetary Rates
|
-
|
Not yet
|
1.01.00
|
-
|
-
|
|
|
|
published
|
|
|
|
|
Part B, Monetary Rates
|
-
|
Not yet
|
1.01.01
|
-
|
-
|
|
|
|
published
|
|
|
|
|
|
|
|
|
|
|
|
|
Schedule B
Changes Made on
Review
Date of Effect: 28 May 2001
(1) Provisions
Modified:
|
Award
|
Clause
|
Previous Form
|
|
|
|
of Clause Last
|
|
|
|
Published at:
|
|
|
|
IG Vol. Page
|
|
Crown Employees (Senior Officers Salaries 1997) Award
|
1. Title
|
New
|
-
|
|
|
8.
Anti-Discrimination
|
New
|
-
|
|
|
9. Area, Incidence
and
|
|
|
|
|
Duration
|
303
|
17
|
|
|
|
|
|
|
(2) Provisions
Removed:
|
Award
|
Clause
|
Previous Form
|
|
|
|
of Clause Last
|
|
|
|
Published at:
|
|
|
|
IG Vol. Page
|
|
Crown Employees (Senior Officers Salaries 1997) Award
|
1. Basic Wage
|
303
|
13
|
|
|
|
|
|
|
PART B
MONETARY RATES
Table 1 - Salaries
Senior Officer Classification
|
Classifications and Grades
|
First pay period to
|
First pay period to
|
First pay period
|
|
|
commence on or after
|
commence on or after
|
to commence on
|
|
|
1/1/99 $ per annum
|
1/1/00 $ per annum
|
or after 1/1/01 $
|
|
|
|
|
per annum
|
|
Grade 1 -
|
|
|
|
|
Year 1
|
86,576
|
88,308
|
90,074
|
|
Year 2
|
93,287
|
95,153
|
97,056
|
|
Grade 2 -
|
|
|
|
|
Year 1
|
94,867
|
96,764
|
98,699
|
|
Year 2
|
101,554
|
103,585
|
105,657
|
|
Grade 3 -
|
|
|
|
|
Year 1
|
104,953
|
107,052
|
109,193
|
|
Year 2
|
115,208
|
117,512
|
119,862
|
P. J. SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.