CROWN EMPLOYEES (CENTENNIAL PARK AND MOORE PARK TRUST BUILDING AND
MECHANICAL SERVICES STAFF 2001) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1876 of 2004)
Before The Honourable
Mr Deputy President Harrison
|
23 June 2004
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Parties
3. Definitions
4. Intention
5. Workplace
Reform
6. Wage
Rates
7. General
Conditions of Employment
8. Deduction
of Union Membership Fees
9. Consultative
Committee
10. Grievance
and Dispute Resolution Procedures
11. Classification
Standards
12. Anti-Discrimination
13. Carer’s
Leave
14. Savings
and Rights
15. Area,
Incidence and Duration
PART B
Monetary Rates
Table 1 - Rates of
Pay
Table 2 - Allowances
PART A
1. Title
This award shall be known as the Crown Employees (Centennial
Park and Moore Park Trust Building and Mechanical Services Staff 2001) Award.
2. Parties
2.1 This Award has
been made between the following parties:
The Public Employment Office
The Centennial Park and Moore Park Trust
Communications, Electrical, Electronic, Information,
Postal, Plumbers and Allied Services Union of Australia Plumbing Division (New
South Wales Branch).
Construction, Forestry, Mining and Energy Union (New
South Wales Branch) and
Automotive, Foods, Metals, Engineering, Printing and
Kindred Industries Union. New South Wales Branch.
3. Definitions
Staff means and includes all persons permanently or
temporarily employed under the provisions of the Public Sector Employment
and Management Act 2002 or the Centennial Park and Moore Park Trust Act
1988 and who, as 21 November 1997 were occupying one of the positions covered
by this Award, or who, after that date, are appointed to or employed in one of
such positions.
Supervision means, in addition to normal supervisory
responsibilities, the assessment, evaluation and training of staff.
Union means the Communications, Electrical, Electronic, Information,
Postal, Plumbers and Allied Services Union of Australia Plumbing Division (New
South Wales Branch); The Construction, Forestry, Mining and Energy Union (New
South Wales Branch), the Automotive, Foods, Metals, Engineering, Printing and
Kindred Industries Union. (New South Wales Branch), having regard to their
respective coverage.
4. Intention
4.1 The purpose of
this award is to regulate the terms and conditions of employment of staff
employed at Centennial Park who are engaged in the trades of Carpenter, Motor
Mechanic, Painter and Plumber.
4.2 It is intended
that this Award will align the wages of the staff employed under this award
with the staff employed under the Crown Employees (Parks and Gardens -
Horticulture and Rangers Staff) Award.
4.3 It is intended
that the Award will provide a suitable basis for the parties to implement
appropriate arrangements to ensure that corporate objectives are met.
4.4 This award
will help facilitate the processes necessary to enhance the productivity of the
organisation and provide a better return to the organisation, the staff, and
the community.
5. Workplace Reform
Program
5.1 The parties
agree to the implementation of the following workplace reform processes.
5.1.1 Rostered Days
Off
(i) Staff shall
work a nine-day fortnight with all staff on duty on the same days, or by
agreement.
(ii) Rostered days
off (RDO's) may be accumulated up to a maximum of five (5) per annum and shall
be taken on days set by mutual agreement with management. Such days may be in conjunction with annual
leave.
5.1.2 Annual Leave
Loading
Annual Leave Loading shall be paid annually on the last
pay period in November.
5.1.3 Afternoon Tea
Afternoon Tea to be taken only at the work site without
interruption to work.
6. Wage Rates
6.1 Wage rates are
contained in Table 1 of the award. All
allowances have been rolled up into the total wage rate except for those
allowances contained in Clause 7.3 of this Award.
6.2 Wages for
staff covered by this award shall be adjusted by no less than any increase in
the Crown Employees Wages Staff (Rates of Pay) Award.
6.3 Apprentice
staff shall be paid a percentage of the rate of pay applicable to Level Five
(5), Year 1:
Year One-45%
Year Two-60%
Year Three-75%
Year Four-85%
7. General Conditions
of Employment
7.1 Except as
otherwise provided in this Award, staff shall be entitled to and shall observe
the conditions of employment made pursuant to the provisions of the Public
Sector Employment and Management Act 2002 and the Public Sector Employment
and Management (General) Regulation 1996.
7.2 The provisions
of the Crown Employees (Skilled Trades) Award shall also apply to staff covered
by this Award, unless specifically varied by provisions of this Award.
7.3 All allowances
previously paid to staff covered by this Award are to be rolled into salary
with the exception of the following:
7.3.1 Chokage
Allowance
A weekly allowance specified on an annual basis at Item
1 of Table 2 will be paid to those staff required to undertake chokage work.
7.3.2 Plumbers
Licence and Registration
The Plumbers Licence and Registration will be paid
weekly as set out on an annual basis at Item 4 of Table 2 for three licences,
at Item 3 of Table 2 for two licences, At Item 2 for one licence and at Item 5
of Table 2 for registration.
7.4 The provisions
of the Crown Employees (Skilled Trades) Award, which give staff, an entitlement
to take a paid holiday as a Picnic Day shall continue to be applied with the
holiday being taken on a working day nominated by the Director, between
Christmas and New Year.
7.5 Conditions of
service not covered by the Crown Employees (Skilled Trades) Award shall be
regulated by the Crown Employees (Public Service Conditions of Employment)
Award 2002, as varied.
7.6 Where there is
any inconsistency between this Award and the relevant industrial instruments
covering the Centennial Park and Moore Park Trust and its staff, this Award
shall prevail to the extent of the inconsistency.
8. Deduction of Union
Membership Fees
8.1 The union
shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union's
rules.
8.2 The union
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
8.3 Subject to (i)
and (ii) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
8.4 Monies so
deducted from employee's pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
8.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
8.6 Where an
employee has already authorised the deduction of union 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.
9. Consultative
Committee
9.1 A committee
has been established to monitor the implementation of this Award and make,
during its period of operation, recommendations to the Director of the
Centennial Park and Moore Park Trust with regard to:
(i) implementation
of the classification levels and progressions between classifications levels as
provided in Clause 11;
(ii) any other
matters regarding the implementation of this Award.
9.2 The committee
consists of representatives of management and representatives of the unions,
which are party to this Award, the latter chosen at the discretion of the union
members covered by this Award.
9.3 The Committee
shall meet from time to time as required.
9.4 Should the
parties to the Committee fail to reach agreement on any matter the Dispute
Resolution Procedures outlined in Clause 10 will be followed.
10. Grievance and
Dispute Resolution Procedures
10.1 All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
department, if required.
10.2 A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
10.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act, 1977) that makes it impractical for the staff member to
advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Department
Head or delegate.
10.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
10.5 If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may
pursue the sequence of reference to successive levels of management until the
matter is referred to the Department Head.
10.6 The Department
Head may refer the matter to the PEO for consideration.
10.7 If the matter
remains unresolved, the Department Head shall provide a written response to the
staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
10.8 A staff member,
at any stage, may request to be represented by the Union.
10.9 The staff
member or the Union on their behalf, or the Department Head may refer the matter
to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
10.10 The staff
member, Union, department and PEO shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
10.11 Whilst the
procedures outlined in subclauses 10.1 to 10.9 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public
11. Classification
Standards
11.1 A position
falling within the scope of this Award will have assigned to it a
classification level determined in accordance with the classification standards
detailed below.
11.2 Broad banding
Classifications
11.2.1 For the purposes
of this Award, Level 5/6 is a broad-banded classification. Progression between Levels 5 & 6 is by
way of a "soft" progression based on competency assessment and appeal
processes that are to be agreed between the parties.
11.2.2 For the purposes
of this Award, Level 7/8 is a broad-banded classification. Progression between Levels 7 & 8 is by
way of a "soft" progression based on competency and appeal processes
that are to be agreed between parties.
11.3 The following
classification levels will apply:
11.3.1 Level 5
The occupant of a position established at Level 5 of
this Award will:
(a) Work under
minimal supervision and therefore be required to exercise independent judgement
at trade level; and
(b) Have a
recognised trade certificate and possess the relevant Interpretation skills and
other skills and relevant experience required to:
(i) perform trade
level duties; and/or
(ii) supervise
apprentices; and
(iii) communicate
with supervisors and other staff.
11.3.2 Level 6
The occupant of a position established at Level 6 of
this Award will:
(a) Work under
minimal supervision and therefore be required to exercise independent judgement
at an advanced trade level and exercise initiative with regard to matter of
minor complexity; and
(b) Have a recognised
trades certificate so that they have the developed communication skills,
interpretation skills and other skills and relevant experience required to:
(i) perform
advanced trade level duties; and/or
(ii) supervise
apprentices; and/or
(iii) communicate
with supervisors and other staff; and/or
(iv) communicate
semi-technical information to the public.
(c) Fulfil the
requirements for progression to Level 6 based on the assessment and appeals
processes agreed between the parties.
11.3.3 Level 7
The occupant of a position established at Level 7 of
this Award will:
(a) Work
independently on assigned specialist work and lead a small work team on
assigned work and therefore be required to exercise independent judgement and
to be accountable for work performance; and
(b) Have a
recognised trades certificate, and have the skills and relevant supervisory
experience required to:
(i) Manage as the
Leader of a small team of staff (normally less than 6 staff) - supervising and
training staff; and
(ii) Be accountable
for completion for completion of work to agreed standards; and/or
(iii) Solve
technical problems of limited complexity; and
(iv) Document and
communicate technical data and information to other staff and/or the public.
11.3.4 Level 8
The occupant of a position established at Level 8 of
this Award will:
(a) Work
independently on assigned specialist work and lead a team on assigned work and
therefore be required to exercise independent judgement and to be accountable
for work performance; and
(b) Have a
recognised trades certificate and have the skills and relevant supervisory
experience required to:
(i) Manage a team
of staff (normally less than 6 staff) - supervising and training staff; and
(ii) Be
accountable for completion of work to agreed standard; and/or
(iii) Solve
technical problems of some complexity; and
(iv) Document and
communicate technical data and information to staff and/or the public.
(c) Fulfil the
requirements for progression to Level 8 based on the assessment and appeals processes
agreed between the parties.
12.
Anti-Discrimination
12.1 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.
12.2 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 that, by its terms or operation, has a direct or indirect
discriminatory effect.
12.3 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.
12.4 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.
12.5 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.
NOTE:
(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.”
13 Carer’s Leave
13.1 The provision
of Carer’s Leave, as previously available under this Award, has been replaced
by clause 75 of the Crown Employees (Conditions of Employment) Award 2002,
"Family and Community Service Leave", and clause 85 of the Crown
Employees (Conditions of Employment) Award 2002, "Sick leave to Care for a
Family Member".
14. Savings and
Rights
14.1 No staff member
shall suffer a reduction in his or her rate of pay loss of or diminution of his
or her conditions or employment as a consequence of the making of this Award.
14.2 Should there be
a variation to the Crown Employees (Skilled Trades) Award, the Crown Employees
Wages Staff (Rates of Pay) Award or the Crown Employees (Parks And Gardens -
Horticulture And Rangers Staff) Consent Award 2001 or any award replacing those
awards, the staff covered by this Award will maintain the same rates of pay
relationship to the classification covered by the Crown Employees (Skilled
Trades) Award or the Crown Employees (Parks And Gardens - Horticulture And
Rangers Staff) Consent Award 2001 either by an application for variation, or
the making of a new Award.
15. Area, Incidence
and Duration
15.1 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Centennial Park and Moore
Park Trust Building and Mechanical Services Staff 2001) Award published 30
November 2001 (329 IG 1182) as varied.
15.2 The changes
made to the award in relation 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 (310 IG 359) are set out in the attached Schedule and take
effect on 23 June 2004.
15.3 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Building and
Mechanical Services Officer
|
Rates of Pay
Effective
|
|
1 July 2003
|
|
$
|
Level 5 Year 1
|
39,292
|
Level 5 Year 2
|
40,344
|
Level 6 Year 1
|
41,474
|
Level 6 Year 2
|
42,623
|
Level 7 Year 1
|
43,833
|
Level 7 Year 2
|
45,142
|
Level 8 Year 1
|
46,570
|
Level 8 Year 2
|
48,468
|
Table 2 -
Allowances
Item
|
Clause No.
|
Brief Description
|
Amount (1.7.03)
|
No.
|
|
|
Per Year
|
|
|
|
$
|
1
|
7.3.1
|
Chokage
|
1,558
|
2
|
7.3.2
|
Plumber and Drainer when required to act on:
|
|
|
|
plumbers licence
|
1,626
|
|
|
gasfitters licence
|
1,626
|
|
|
drainers licence
|
1,626
|
3
|
7.3.2
|
plumbers and gasfitters licence
|
2,181
|
|
|
plumbers and drainers licence
|
2,181
|
4
|
|
gasfitters and drainers licence
|
2,181
|
|
7.3.2
|
plumbers, gasfitters and drainers licence
|
3,014
|
5
|
7.3.2
|
Registration allowance
|
1,249
|
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.