Crown
Employees (Roads and Maritime Services Division of the Government Service of New
South Wales - Salaried Staff Salaries and Conditions of Employment) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 249 of 2012)
|
Before The Honourable
Mr Justice Staff
|
27 September 2012
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Salaries
4. Allowances
5. Salary
Packaging Arrangements, including Salary Sacrifice to Superannuation
6. Conditions
of Employment
7. Dispute
Settlement Procedure
8. Anti-Discrimination
9. Area,
Incidence and Duration
Schedule A - List of Awards
Schedule B - List of Allowances
PART B
MONETARY RATES
2. Definitions
(1) Agency" shall
mean Roads and Maritime Services Division of the Government Service of New
South Wales established under Chapter 1A of the Public Sector Employment and
Management Act 2002 (NSW).
(2) "Employee"
shall mean a person to whom this Award applies.
(3) "Association"
shall mean the Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
(4) "2007
Award" means the Crown Employees (Public Sector - Salaries 2007) Award
made by the Industrial Relations Commission of New South Wales and published on
30 March 2007 (362 I.G. 404).
(5) "DPE"
shall mean the Director of Public Employment, as established under the Public
Sector Employment and Management Act 2002.
3. Salaries
(i) The salaries
under this Award are payable to Employees appointed to or performing the duties
of any of the classifications covered by the Awards, Agreements and
Determinations listed in Schedule A to this Award.
(ii) The salaries
payable are prescribed in Part B, Monetary Rates, of this Award.
(iii) The salaries
prescribed in Part B reflect increases to the salaries paid under the 2007
Award of:
(a) 4% to salaries
contained in those Awards, Agreements and Determinations listed in Schedule A and
payable with effect from the first full pay period to commence on or after 1
July 2008; and
(b) a further 4% to
salaries paid under paragraph (a) of this subclause, payable with effect from
the first full pay period to commence on or after 1 July 2009; and
(c) a further 4% to
salaries paid under paragraph (b) of this subclause, payable with effect from
the first full pay period to commence on or after 1 July 2010;
(d) a further 2.5%
to salaries paid under paragraph (c) of this subclause, payable with effect
from the first full pay period to commence on or after 1 July 2011; and
(e) a further 2.5%
to salaries paid under paragraph (d) of this subclause, payable with effect
from the first full pay period to commence on or after 1 July 2012
(iv) The salary
increases referred to in paragraphs (a) of subclause (iii) of this clause,
insofar as they apply from the first full pay period on or after 1 July 2008
and have retrospective effect, shall only be paid to those employees who are
employed as at the date of the making of this Award.
4. Allowances
(i) The allowances
specified in Schedule B and payable under the Awards and agreements in Schedule
A are subject to adjustment in line with the salary increases in clause 3,
Salaries of this Award.
(ii) In addition to
the allowances referred to in subclause (i) of this clause, any other allowance
in the Awards, Agreements and Determinations listed in Schedule A which is
normally moved in accordance with salary increases is to be adjusted in line
with the salary increase in clause 3, Salaries of this Award.
5. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
(i) The entitlement
to salary package in accordance with this clause is available to:
(a) permanent
full-time and part-time employees;
(b) temporary
employees, subject to the Agency’s convenience; and
(c) casual
employees, subject to the Agency’s convenience, and limited to salary sacrifice
to superannuation in accordance with subclause (vii).
(ii) For the purposes
of this clause:
(a) "salary"
means the salary or rate of pay prescribed for the employee's classification by
clause 3, Salaries, Part B of this Award, and any other payment that can be
salary packaged in accordance with Australian taxation law.
(b) "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 payments, child support
payments, and judgement debtor/garnishee orders.
(iii) By mutual
agreement with the Agency, an employee may elect to package a part or all of
their post compulsory deduction salary in order to obtain:
(a) a benefit or
benefits selected from those approved by the DPE; and
(b) an amount equal
to the difference between the employee’s salary, and the amount specified by
the Agency for the benefit provided to or in respect of the employee in
accordance with such agreement.
(iv) An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
(v) The agreement
shall be known as a Salary Packaging Agreement.
(vi) Except in
accordance with subclause (vii), 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 Agency at the time of signing the Salary Packaging Agreement.
(vii) 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:
(a) paid into the
superannuation fund established under the First State Superannuation Act 1992;
or
(b) where the
employer is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
(c) subject to the
Agency’s agreement, paid into another
complying superannuation fund.
(viii) Where the
employee makes an election to salary sacrifice, the employer shall pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
(ix) Where the employee
makes an election to salary package and where the employee is a member of a
superannuation scheme established under the:
(a) Superannuation
Act 1916;
(b) State
Authorities Superannuation Act 1987; or
(c) State
Authorities Non-contributory Superannuation Act 1987,
the Agency 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.
(x) 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
subclause (ix) of this clause, the Agency
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 Agency may be in excess of
superannuation guarantee requirements after the salary packaging is
implemented.
(xi) Where the
Employee makes an election to salary package:
(a) 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
(b) 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 clause 3, Salaries, or Part B of
this Award if the Salary Packaging Agreement had not been entered into.
(xii) The Agency 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 date of such variation.
(xiii) The Agency 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 Employee may elect to terminate the Salary Packaging
Agreement.
6. Conditions of
Employment
(i) The parties
agree that they will have further discussions and negotiations regarding the
conditions of employment which will apply to the employees covered by this
award with the objective of achieving consolidated conditions of employment for
all employees to be provided for in this award.
(ii) Subject to the
outcome of discussions and negotiations referred to in subclause (i) of this
clause existing conditions of employment as provided for in the instruments set
out in Schedule A of this Award and applicable policies of the Agency and
agreements between the parties shall continue to apply.
(iii) This Award provides
pay increases of 4% with effect from the first full pay period that commenced
on or after 1 July 2008, a further increase of 4% with effect from the first
full pay period to commence on or after 1 July 2009, a further increase of 4%
with effect from the first full pay period to commence on or after 1 July 2010,
a further increase of 2.5% with effect from the first full pay period to
commence on or after 1 July 2011, and a further increase of 2.5% with effect
from the first full pay period to commence on or after 1 July 2012.
(iv) These increases
arise from the agreement of the parties contained in the Memorandum of
Understanding between the NSW
Government and the Association for the period 1 July 2008 to 30 June 2011
entered into on 2 October 2008 ("Memorandum of Understanding").
(v) The pay
increases under this Award are provided on the basis of the "no extra
claims" commitment contained in clause 8 of the Memorandum of
Understanding, provided that this shall not prevent the parties from applying
for the award changes identified in the Memorandum of Understanding or
subclause (i) of this clause.
7. 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 Agency
within the appropriate agency, if required.
(i) An employee 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) 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 appropriate agency head or
Delegate.
(iii) 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.
(iv) If the matter
remains unresolved with the immediate manager, the employee 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 employee until the matter is referred to the agency head.
(v) In the event
that the matter remains unresolved, the Agency shall provide a written response
to the employee 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 employee, at
any stage, may request to be represented by an Association representative.
(vii) The employee,
or the Association on their behalf, or the Agency 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 employee,
Association, and the Agency 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 employee or member of the public.
8. Anti-Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the doctrines
of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
9. Area, Incidence
and Duration
(i) This Award
shall apply to Employees appointed to or performing the duties of any of the classifications
covered by the Awards, Agreements and Determinations listed in Schedule A of
this Award.
(ii) 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 September 2012.
Changes made to this award subsequent to it first being
published on 15 May 2009 have been incorporated into this award as part of the
review.
(iii) This Award
does not apply to RMS staff covered by the NSW Maritime Enterprise Agreement
2010-2013
SCHEDULE. A
LIST OF AWARDS,
AGREEMENTS AND DETERMINATIONS
The wages, salaries and relevant allowances under this
Award are payable to Employees appointed to or performing the duties of any of
the positions covered by the following Awards, Agreements and Determinations
Awards, Agreements
and Determinations:
Crown Employees (Roads and Traffic Authority of New
South Wales - Salaried Staff) Award.
Crown Employees (Roads and Traffic Authority of New
South Wales - School Crossing Supervisors) Award.
Inspectors Vehicle Regulation - Industrial Instrument
8411 of 1990.
SCHEDULE B
LIST OF ALLOWANCES
Additional Responsibilities Allowance
All Incidents of Employment Allowance
Charge Hand Allowance
Community Language Allowance
Diving Allowance
Environmental Allowance
Extraneous Duties Allowance
First Aid Allowance
Flying Allowance
In-Lieu of Overtime Allowance
Leading Hand Allowance
Licence Allowances covered in Trade Based Groups
Agreement No. 2301 of 1981 and the Crown Employees (General Staff - Salaries)
Award 2007
Officer-in-Charge Allowance
On-Call Allowance
Part-Time Building Managers/House Officers Allowance
Any Wage Related Allowances applicable to the Crown
Employees (General Staff - Salaries) Award 2007
Qualifications Allowances - where the qualification is
deemed to be a requisite for the position in question
Resident Officers Allowance
Shift Allowances
Special Rates Allowance
Supervision Allowance
Service Increments expressed as a separate sum
Word Processing Allowance
PART B
MONETARY RATES
AWARDS
Crown Employees (Roads and Traffic
Authority of New South Wales - Salaried Staff) Award
|
Unified
|
1.7.07
|
1.7.08
|
1.7.09
|
1.7.10
|
1.7.11
|
1.7.12
|
|
Salary
Scale
|
Per annum
|
Per annum
|
Per annum
|
Per annum
|
Per annum
|
Per annum
|
|
Grades
|
$
|
$
|
$
|
$
|
$
|
$
|
|
Grade 1
|
28,908
|
30,064
|
31,267
|
32,518
|
33,331
|
34,164
|
|
|
31,706
|
32,974
|
34,293
|
35,665
|
36,557
|
37,471
|
|
|
36,249
|
37,699
|
39,207
|
40,775
|
41,794
|
42,839
|
|
Grade 2
|
38,230
|
39,759
|
41,349
|
43,003
|
44,078
|
45,180
|
|
|
39,964
|
41,563
|
43,226
|
44,955
|
46,079
|
47,231
|
|
|
41,452
|
43,110
|
44,834
|
46,627
|
47,793
|
48,988
|
|
Grade 3
|
44,013
|
45,774
|
47,605
|
49,509
|
50,747
|
52,016
|
|
|
46,076
|
47,919
|
49,836
|
51,829
|
53,125
|
54,453
|
|
|
48,223
|
50,152
|
52,158
|
54,244
|
55,600
|
56,990
|
|
Grade 4
|
49,694
|
51,682
|
53,749
|
55,899
|
57,296
|
58,728
|
|
|
51,642
|
53,708
|
55,856
|
58,090
|
59,542
|
61,031
|
|
|
53,674
|
55,821
|
58,054
|
60,376
|
61,885
|
63,432
|
|
Grade 5
|
55,518
|
57,739
|
60,049
|
62,451
|
64,012
|
65,612
|
|
|
57,313
|
59,606
|
61,990
|
64,470
|
66,082
|
67,734
|
|
|
58,346
|
60,680
|
63,107
|
65,631
|
67,272
|
68,954
|
|
Grade 6
|
59,626
|
62,011
|
64,491
|
67,071
|
68,748
|
70,467
|
|
|
61,436
|
63,893
|
66,449
|
69,107
|
70,835
|
72,606
|
|
|
63,447
|
65,985
|
68,624
|
71,369
|
73,153
|
74,982
|
|
Grade 7
|
64,827
|
67,420
|
70,117
|
72,922
|
74,745
|
76,614
|
|
|
67,115
|
69,800
|
72,592
|
75,496
|
77,383
|
79,318
|
|
|
68,418
|
71,155
|
74,001
|
76,961
|
78,885
|
80,857
|
|
Grade 8
|
71,225
|
74,074
|
77,037
|
80,118
|
82,121
|
84,174
|
|
|
74,117
|
77,082
|
80,165
|
83,372
|
85,456
|
87,592
|
|
|
76,431
|
79,488
|
82,668
|
85,975
|
88,124
|
90,327
|
|
Grade 9
|
79,947
|
83,145
|
86,471
|
89,930
|
92,178
|
94,482
|
|
|
82,244
|
85,534
|
88,955
|
92,513
|
94,826
|
97,197
|
|
|
85,945
|
89,383
|
92,958
|
96,676
|
99,093
|
101,570
|
|
Grade 10
|
88,113
|
91,638
|
95,304
|
99,116
|
101,594
|
104,134
|
|
|
91,589
|
95,253
|
99,063
|
103,026
|
105,602
|
108,242
|
|
|
96,293
|
100,145
|
104,151
|
108,317
|
111,025
|
113,801
|
|
Grade 11
|
99,269
|
103,240
|
107,370
|
111,665
|
114,457
|
117,318
|
|
|
103,591
|
107,735
|
112,044
|
116,526
|
119,439
|
122,425
|
|
|
105,923
|
110,160
|
114,566
|
119,149
|
122,128
|
125,181
|
|
Grade 12
|
112,122
|
116,607
|
121,271
|
126,122
|
129,275
|
132,507
|
|
|
115,395
|
120,011
|
124,811
|
129,803
|
133,048
|
136,374
|
|
|
119,426
|
124,203
|
129,171
|
134,338
|
137,696
|
141,138
|
|
Grade 13
|
122,990
|
127,910
|
133,026
|
138,347
|
141,806
|
145,351
|
|
|
126,177
|
131,224
|
136,473
|
141,932
|
145,480
|
149,117
|
|
|
132,224
|
137,513
|
143,014
|
148,735
|
152,453
|
156,264
|
Crown Employees (Roads and Traffic
Authority of New South Wales - School Crossing Supervisors) Award
|
School Crossing
|
1.7.07
|
1.7.08
|
1.7.09
|
1.7.10
|
1.7.11
|
1.7.12
|
|
Supervisors
Category
|
Per hour
|
Per hour
|
Per hour
|
Per hour
|
Per hour
|
Per hour
|
|
(refer
cl. 7 of award for the
|
$
|
$
|
$
|
$
|
$
|
$
|
|
Calculation
of rates)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Base
Rate (N)
|
16.8730
|
17.5479
|
18.2498
|
18.9798
|
19.4543
|
19.9407
|
|
|
|
|
|
|
|
|
|
Permanent
SCS (P)
|
15.8184
|
16.4511
|
17.1092
|
17.7935
|
18.2383
|
18.6944
|
|
Additional
hours/training
|
18.2791
|
19.0103
|
19.7707
|
20.5615
|
21.0755
|
21.6024
|
|
(A)Casual
SCS (C)
|
20.2476
|
21.0575
|
21.8998
|
22.7758
|
23.3452
|
23.9288
|
Crown Employees (Roads and Traffic
Authority of New South Wales - Toll Plaza Officers) Award
Salary
rates are included above in the Crown Employees (Roads and Traffic Authority of
New South Wales - Salaried Staff) Award.
Inspectors
Vehicle Regulation - Industrial Instrument 8411 of 1990
Salary
rates are included above in the Crown Employees (Roads and Traffic Authority of
New South Wales - Salaried Staff) Award.
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.