Crown Employees (Education
Employees Department of Corrective Services) Consent Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by N.S.W.
Department of Corrective Services.
(No. IRC 2494 of 2006)
Before The Honourable
Justice Marks
|
27 June 2006
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Conditions
Fixed by other Instruments of Employment
4. Qualifications
5. Salaries
6. Incremental
Progression and Calculation of Service
7. Working
Hours
8. Shift
Work
9. Recreation
Leave
10. Non
Attendance Time
11. Duties of
Correctional Education Officers
12. Duties of
Teachers
13. Leave
Entitlements
14. Part-Time
Work
15. Qualifications
Upgrade
16. Recruitment
- Exceptional Circumstances
17. Professional
Development
18. Education
Quality
19. Consultation
20. Anti-Discrimination
21. Harassment
Free Workplace
22. Deduction
of Union Membership Fees
23. Dispute
Resolution Procedures
24. Duties as
Directed
25. No Further
Claims
26. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
2. Definitions
2.1 "Act"
means the Public Sector Employment and Management Act 2002, or any
replacement Act.
2.2 "AEVTI"
means the Adult Education and Vocational Training Institute, which is the
registered provider of adult education and vocational training for inmates
within the Department.
2.3 "Commissioner"
means the Chief Executive Officer of the Department of Corrective Services as
listed in Column 2 of Schedule 1 of the Act.
2.4 "Correctional
Centre" means a centre administered by the Department to accommodate
persons committed by a court of law.
2.5 "Correctional
Education Officer" means an employee appointed as such who is qualified as
provided in sub clause 4.3 of this Award and who is required to undertake the
duties specified in clause 11. of this Award.
2.6 "Day
Worker" means an employee, other than a shift worker, whose ordinary hours
of work are from Monday to Friday with hours as specified for the particular
classification.
2.7 "Department"
means the Department of Corrective Services, as specified in Schedule 1 of the
Act.
2.8 "Employee"
means an officer or temporary employee as defined under the Act.
2.9 "Federation"
means the New South Wales Teachers Federation.
2.10 "DPE"
means the Director of Public Employment constituted under Chapter 6 of the Act.
2.11 "Personnel
Handbook" means the NSW Public Service Personnel Handbook, published by
the Premier’s Department.
2.12 "Regulation"
means the Public Sector Employment and Management (General) Regulation 1996 or
any replacement regulation.
2.13 "Senior
Correctional Education Officer" means an employee appointed as such and who
is qualified as provided in sub clause 4.4 of this Award.
2.14 "Teacher"
means an employee who is appointed as such and who is qualified as provided in
sub clause 4.2 of this Award and who is required to undertake duties as
specified in clause 12. of this Award. A permanent part-time teacher means a
teacher who is appointed under the Act for set and regular hours that are less
than the full contract hours of this Award.
2.15 "Through
care" means the philosophy and practice of the Department by which inmates
are managed from the start of their sentence with a view to maximizing
reintegration into the community and achieving a reduction in recidivism.
3. Conditions Fixed
By Other Instruments of Employment
3.1 The following
Awards as varied from time to time, or any replacement Awards, in so far as
they fix conditions of employment applying to employees covered by this Award,
which are not fixed by this Award, shall continue to apply.
3.1.1 Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006.
3.1.2 Crown Employees
(Transferred Employees Compensation) Award.
3.2 The following
Agreement made pursuant to section 131 of the Act, which details conditions of
employment not fixed by this Award, shall continue to apply:
3.2.1 Crown Employees
(Transferred Officers' Excess Rent Assistance) Agreement No. 2354 of 1981.
3.3 The provisions
of the Department’s Flexible Working Hours Agreement shall apply except where
modified by this Award.
3.4 Except as
expressly modified by this Award, and except where conditions are determined by
the Awards and Agreement referred to in sub clauses 3.1, 3.2 and 3.3 of this
clause, the conditions of service of employees shall be determined by the
provisions of the Act, the Regulation and the Personnel Handbook.
4. Qualifications
4.1 The following
qualifications shall apply except where specific exception is approved by the
Commissioner and where detailed in clause 15. Qualifications Upgrade or clause
16. Recruitment - Exceptional Circumstances of this Award.
4.2 Teachers -
shall hold a:
4.2.1 Bachelors
degree in Education from a recognised university, incorporating subjects
studied which qualifies the employee to teach in the learning area required by
AEVTI; or
4.2.2 Graduate Diploma
(or higher) in Education, from a recognised university; and qualification
(degree, diploma or certificate) from a recognised university (or other
recognised tertiary education institution) in a discipline other than
education, incorporating subjects studied which qualifies the employee to teach
in the learning area required by AEVTI;
together with relevant related employment experience,
as approved by the Principal AEVTI.
4.3 Correctional
Education Officers - shall hold a:
4.3.1 Bachelors
degree in Education from a recognised university, incorporating subjects
studied which qualifies the employee to teach in the learning area required by
AEVTI; or
4.3.2 Graduate
Diploma (or higher) in Education, from a recognised university; and
qualification (degree, diploma or certificate) from a recognised university (or
other recognised tertiary education institution) in a discipline other than
education, incorporating subjects studied which qualifies the employee to teach
in the learning area required by AEVTI;
together with relevant related employment experience,
as approved by the Principal AEVTI.
4.4 Senior
Correctional Education Officers - shall hold a:
4.4.1 Bachelors
degree in Education from a recognised university; or
4.4.2 Graduate
Diploma (or higher) in Education and qualification (degree, diploma or
certificate) from a recognised university (or other recognised tertiary
education institution) in a discipline other than education;
together with experience in adult education, as
approved by the Principal AEVTI.
5. Salaries
5.1 Salaries at
Part B Monetary Rates Table 1 - Salaries for Senior Correctional Education
Officers, Correctional Education Officers and Teachers under this Award
incorporate the following salary increases:
5.1.1 4% from the first
pay period commencing on or after 1 January 2006 for Teachers, Correctional
Education Officers and Senior Correctional Education Officers.
5.1.2 4% from the
first pay period commencing on or after 1 January 2007 for Teachers,
Correctional Education Officers and Senior Correctional Education Officers.
5.1.3 4% from the
first pay period commencing on or after 1 January 2008 for Teachers,
Correctional Education Officers and Senior Correctional Education Officers,
5.2 These rates continue
to be inclusive of the previously paid environmental allowance.
5.3 Commencing
salaries for all employees to a position under this Award shall be consistent
with the provisions of Chapter 2, section 16.8 Commencing rates of pay of the
Personnel Handbook.
6. Incremental
Progression and Calculation of Service
6.1 Incremental
progression and calculation of service shall be determined in accordance with
Chapter 5, Managing the Workplace, of the Personnel Handbook, except where
varied by clause 15. Qualifications Upgrade and/or clause 16. Recruitment -
Exceptional Circumstances of this Award.
7. Working Hours
7.1 Ordinary hours
of work shall be 35 hours per week, Monday to Friday.
7.2 Senior
Correctional Education Officers and Correctional Education Officers
7.2.1 The provisions
of the Department’s Flexible Working Hours Agreement dated 3 November 1998, or
any Agreement replacing this Agreement, shall apply to Senior Correctional
Education Officers and Correctional Education Officers, including access to two
days flex leave per month and five days banked leave.
7.2.2 A Senior
Correctional Education Officer or Correctional Education Officer shall not be
directed to work longer than five continuous hours without a meal break.
7.2.3 The bandwidth shall
be 7.30am - 9.00pm.
7.2.4 The core time
shall be 10.00am - 3.00pm.
7.2.5 Flexible
working hours including the taking of flex leave and banked leave shall remain
at Departmental discretion, to be negotiated at the local level provided that
the delivery of teaching programs are maintained.
7.3 Teachers
7.3.1 The standard
attendance hours of full time Teachers shall be 35 hours per week in
recognition of the particular environment in the Department of Corrective
Services.
7.3.2 The daily span of
working hours in correctional centres for Teachers under this Award shall be
between 7.30am and 5.30pm on Monday to Friday, inclusive. Direct teaching
activities and duties related to teaching worked by Teachers should, unless
otherwise unavoidable or by agreement between a Teacher and the supervising
Senior Correctional Education Officer, be continuous.
7.3.3 Teachers who
are directed to perform direct teaching activities between:
(i) 5.30pm and
9.00pm Monday to Friday and who are required to teach two separate sessions
during these hours or one session which commences later than 5.30pm; or
(ii) 7.30am and
9.00pm Saturday and who are required to teach two separate sessions during
these hours;
shall be paid at the rate of time and one quarter or
may elect to take time in lieu which shall be calculated at the same rate as
would have applied to the payment of teaching activities performed in terms of
this clause.
7.3.4 Teachers shall
not be entitled to flex time arrangements and shall be required to attend for
rostered direct teaching activities as required by the Senior Correctional
Education Officer.
7.3.5 The hours of
attendance for duties related to teaching may be arranged by Teachers in
consultation with the Senior Correctional Education Officer provided the
requirements of the Department are met at all times. This will facilitate
flexible start and finish times for Teachers.
8. Shiftwork
8.1 Senior
Correctional Education Officers, Correctional Education Officers and Teachers,
who because of operational requirements are not covered by Flexible Working
Hours arrangements and are rostered on shifts outside the ordinary working
hours of a Day Worker shall be paid a shift allowance of 15 per cent.
8.2 Senior
Correctional Education Officers and Correctional Education Officers employed as
shift workers, who are regularly required to perform rostered duty on
Saturdays, Sundays and public holidays shall receive the following compensation
and be subject to the following conditions:
8.2.1 For ordinary
rostered time worked on a Saturday - additional payment at the rate of half
time extra.
8.2.2 For ordinary
rostered time worked on a Sunday - additional payment at the rate of
three-quarter time extra.
8.2.3 When rostered
off on a public holiday - an additional day's pay.
8.2.4 When rostered
on a public holiday and work performed - additional payment at the rate of time
and a half extra.
8.2.5 Annual leave at
the rate of four weeks a year, that is, 20 working days plus eight rest days.
8.2.6 Additional leave
on the following basis:
Number of ordinary shifts worked on Sundays and/or
Public Holidays during a qualifying period of 12 months from 1 December one
year to 30 November the next year.
|
Additional Leave
|
|
|
4 -10
|
1 additional day's leave
|
11 -17
|
2 additional days'
leave
|
18 - 24
|
3 additional days'
leave
|
25 - 31
|
4 additional days'
leave
|
32 or more
|
5 additional days'
leave
|
9. Recreation Leave
9.1 Senior Correctional
Education Officers, Correctional Education Officers and Teachers employed as
day workers, Monday to Friday, shall be entitled to recreation leave as
follows:
9.1.1 Recreation
leave in accordance with the provisions of the Regulation, the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006, as reviewed from
time to time, or any replacement Award, and the Personnel Handbook.
9.1.2 At least two
consecutive weeks of recreation leave shall be taken by employees every twelve
months as described in the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2006.
10. Non Attendance
Time
10.1 Correctional
Education Officers
10.1.1 In return for
undertaking a maximum of 400 hours per annum of direct teaching activities, as
provided at sub clause 11.4, all Correctional Education Officers shall receive
10 working days non attendance time.
10.2 Teachers
10.2.1 In return for
the hours as described in clause 12. of this Award, Teachers shall be entitled to
7 weeks of agreed non attendance time if employed for a full calendar year.
10.2.2 Where a Teacher
commences or ceases employment part way through a calendar year, the
entitlement to non attendance time shall be calculated on a pro rata basis.
10.2.3 The pro rata
calculation mentioned in subclause 10.2.2 shall be as negotiated and agreed
between the Department and Federation.
10.2.4 Where public
holidays fall during a period of non attendance time, those days shall be
counted as non attendance time.
10.3 For
Correctional Education Officers and Teachers, non attendance time shall be
taken at the Department’s convenience.
10.4 For
Correctional Education Officers and Teachers, non attendance time shall be non
accumulative.
10.5 An annual
calendar detailing the dates for non attendance time to be taken shall be
developed by the Senior Correctional Education Officer in consultation with
senior management of the correctional centre and education employees, for
approval by the Principal AEVTI.
11. Duties of
Correctional Education Officers
11.1 Subject to sub
clauses 11.2 and 11.3 of this Award and following consultation with the
supervising Senior Correctional Education Officer, Correctional Education
Officers shall be required to undertake:
11.1.1 Direct teaching
activities for up to 10 hours per week; and
11.1.2 Duties related
to teaching and through care initiatives for a minimum of 25 hours per week up
to 35 hours per week, as specified at sub clause 11.4, provided that the total
ordinary hours of duty for the week shall not exceed 35 hours.
11.2 To accommodate
the educational delivery needs of a correctional centre, the direct teaching
activities, if required, shall be 10 hours per week plus or minus 5 hours in
any one week.
11.3 There may be a
need from time to time for a Correctional Education Officer not to undertake
any direct teaching activities for a specified period of time (as determined by
the Department) in order to meet the needs of the correctional centre. In these circumstances:
11.3.1 Duties related
to teaching/through care initiatives as provided by sub clause 11.4 shall be
substituted for direct teaching activities; and
11.3.2 Non attendance
time as provided for in clause 10. of this Award, shall continue to apply as if
direct teaching activities were being undertaken.
11.4 Direct teaching
activities and duties related to teaching/through care initiatives to be
undertaken by Correctional Education Officers shall be as specified in the
following table:
Direct Teaching
Activities Correctional
|
Duties
Related to Teaching/Through Care Initiatives
|
Education Officer
|
|
Face-to-face teaching in any environment or setting,
|
Duties related to teaching,
including but not limited
|
including but not limited to:
|
to:
|
- classrooms
|
-preparation, for example, of
course outlines and
|
- workshops
|
lesson plans
|
- industry
|
-marking
|
- in the field
|
-support and advice to
inmates
|
Application of assessment and diagnostic
|
-enrolment and associated administration
including
|
instruments for inmates.
|
maintenance of education and
case management
|
Vocational assessment and counselling.
|
files, preparation of case
reports and running sheets
|
Tutorial support for distance education enrolments
|
-attendance at staff meetings
|
and individual learners with difficulties.
|
-attendance at case
management meetings
|
Workplace training & assessment.
|
-attendance at moderation
meetings
|
|
-participation in case
planning and case management
|
|
activities
|
|
-leading approved staff
development activities
|
|
engaging in approved staff
development activities
|
|
-research
|
|
-recognition of prior
learning processes
|
|
-selection and purchase of
resources
|
|
-maintenance of inmate libraries
in liaison with the
|
|
Manager Library Services
|
|
-course, curriculum and
materials development and
|
|
review
|
|
-course co-ordination as
specified in curriculum
|
|
documents
|
|
Duties related to
facilitation of Departmental
|
|
through care initiatives
linking internal and external
|
|
stakeholders, including but
not limited to:
|
|
-industry and community
liaison and promotion
|
|
-co-ordination of
traineeships and workplace
|
|
training programs
|
|
-workplace consultancy and
advisory services
|
|
-work placement
co-ordination, supervision and pre
|
|
and post release planning
|
|
-inmate selection for
education & vocational training
|
|
programs & other program
readiness
|
|
-development of education
case plan (includes
|
|
Departmental Education
Profile Interviews)
|
|
-review of education plans
|
11.5 The specific range
of duties as described in the table at sub clause 11.4 of this Award to be
undertaken by a Correctional Education Officer must meet the needs of the
particular correctional centre. Duties required of a Correctional Education
Officer shall be planned following consultation between the Correctional
Education Officer and the supervising Senior Correctional Education Officer.
12. Duties of
Teachers
12.1 Teachers shall
be required to undertake direct teaching activities for 20 hours per week and
duties related to teaching for 15 hours per week as provided by sub clause 12.2
of this Award.
12.2 Direct teaching
activities and duties related to teaching for Teachers shall be as specified in
the following table:
Direct Teaching
Activities Teacher
|
Duties Related to
Teaching
|
Face-to-face teaching in any
|
Duties related to teaching, including but not
|
environment or setting, including but not limited to:
|
limited to:
|
-classrooms
|
-preparation, for example, of course outlines
|
-workshops
|
and lesson plans
|
-industry
|
-marking
|
-in the field
|
-support and advice to inmates
|
Application of assessment and
|
-enrolment and associated administration
|
diagnostic instruments for inmates.
|
including maintenance of education and case
|
Vocational assessment and counselling.
|
management files, preparation of case reports
|
Tutorial support for distance education
|
and running sheets
|
enrolments and individual learners with
|
-attendance at staff meetings
|
difficulties.
|
-attendance at case management team meetings
|
Workplace training & assessment.
|
-attendance at moderation meetings
|
|
-participation in case planning and case
|
|
management activities
|
|
-course, curriculum and materials development
|
|
and review
|
|
-development of learning materials
|
|
-research
|
|
-recognition of prior learning processes
|
|
-engaging in approved staff development
|
|
activities
|
|
-leading approved staff development activities
|
|
-inmate selection for education & vocational
|
|
training programs & other program readiness
|
|
-development of education case plan (includes
|
|
Departmental Education Profile Interviews)
|
|
-review of education plans
|
12.3 The parties
agree that the duties undertaken by Teachers shall support the work of
Correctional Education Officers in relation to through care outcomes.
12.4 The specific range
of duties as described in the table at sub clause 12.2 of this Award to be
undertaken by a Teacher must meet the needs of the particular correctional
centre. Duties required of a Teacher shall be planned following consultation
between the Teacher and the supervising Senior Correctional Education Officer.
12.5 From time to
time a teacher’s Direct Teaching Activities i.e. teaching hours, may be lost
due to restricted correctional centre routines and other centre activities. In
order to maintain a reasonable level of teaching hours:
12.5.1 There may be
occasions where teaching hours previously lost may be made up during the
following six week period, and
12.5.2 A Teacher may be
required by the supervising Senior Correctional Education Officer to make up a
maximum of 5 hours over a period of one week such that the number of teaching
hours taught by that teacher shall not exceed 6 hours in any one day and 25
hours in any one week,
12.5.3 These hours may
only be made up on the days a Teacher is usually engaged to work and shall
replace the hours usually spent on Duties Related to Teaching.
13. Leave
Entitlements
13.1 Sick leave,
maternity leave, parental leave, adoption leave, family and community service leave,
and all other leave except for extended leave shall be granted and administered
to employees in accordance with the provisions of the Act, the Regulation, the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006
and as described in the Personnel Handbook.
13.2 Extended leave
entitlements shall be granted and administered to employees in accordance with
Schedule 3 of the Act and as described in the Personnel Handbook.
14. Part-Time Work
14.1 The Department
is committed to providing part-time work opportunities where practicable. Such
arrangements should provide flexibility for effective use of resources and be
of benefit to employees.
14.2 Part-time
arrangements must be acceptable to both the Department and the employee and
shall be in accordance with the provisions of the Industrial Relations Act 1996
and the Flexible Work Practices Policy and Guidelines issued by the PEO in
October 1995, including the requirement that entitlements are generally on a
pro-rata basis.
15. Qualifications
Upgrade
15.1 Sub clauses
15.2 - 15.6 apply only to those persons:
15.1.1 Who commenced
employment as Teachers during the nominal term of the Crown Employees
(Education Employees, Department of Corrective Services) Consent Award 2002;
and
15.1.2 Who have already
been offered the opportunity to gain qualifications whilst on probation as part
of the process associated with the conversion of Contract Teachers to permanent
full-time and part-time Teachers.
15.2 Teachers who
have not commenced or completed the agreed course of study shall not have their
appointment confirmed.
15.3 Teachers who
have not commenced or completed their agreed course of study within the agreed
and acceptable timeframe shall have their circumstances reviewed by the Principal
AEVTI and a representative of Federation. Where:
15.3.1 Special
circumstances exist, an extension of time shall be granted to commence or
complete the course of study and the probationary period is extended for 12
months (the probationary period may be
extended for up to 2 years with extensions beyond 2 years at the discretion of
the Commissioner);
15.3.2 No special
circumstances exist, the Teacher’s appointment shall be annulled.
15.4 Once the
required qualifications are gained the Teacher’s salary entitlements shall be
adjusted to the appropriate step commensurate to the qualifications gained and
the date at which those qualifications were attained.
15.5 The Teacher
shall remain on step one and shall not progress until evidence of the qualification
being gained is provided to the Department.
15.6 The Department
shall continue to contribute an amount to be determined towards the cost of
gaining the qualification. Eligibility is limited to those employees whom the
Department has already agreed to reimburse the cost of gaining such
qualifications.
16. Recruitment -
Exceptional Circumstances
16.1 In exceptional
circumstances only, applicants for newly advertised Teacher positions who do
not possess the required teaching qualifications shall not be excluded from the
selection process (subject to sub clause 16.2 being met), and may be appointed
on probation subject to the provisions of clause 15. Qualifications Upgrade,
sub clauses 15.2 - 15.5 of this Award.
The applicant must hold qualifications in the core subject area of the
advertised Teacher position.
16.2 Exceptional
circumstances shall be advertised as such and shall be limited to positions in
rural locations that have been previously widely advertised with a resultant
field of applicants who meet all selection criteria except for the
qualifications. This may include applicants who have already commenced a course
of study or have extensive employment related experience.
16.3 The decision as
to whether an exceptional circumstance exists rests with the Commissioner (or
delegated officer) following consultation with the Principal AEVTI.
16.4 The provisions
of sub clause 15.6 of this Award do not apply to employees selected as a result
of exceptional circumstances.
17. Professional Development
17.1 The Department
is committed to the development of highly skilled, motivated and professional
employees.
17.2 Access to
professional development opportunities shall be based on the:
17.2.1 Department’s
needs; and
17.2.2 Needs of
individual employees as determined in consultation with their supervisors both
at the local level and with the Principal of AEVTI.
17.3 Subject to sub
clause 17.2 of this Award, the professional development of Senior Correctional
Education Officers, Correctional Education Officers and Teachers shall be
provided by:
17.3.1 Access to
relevant courses provided by the Corrective Services Academy; and
17.3.2 Provision for
study assistance as described in the Personnel Handbook; and
17.3.3 Access to retraining
across disciplines in accordance with the needs of the Department to facilitate
multi-skilling and career path development.
17.4 Senior
Correctional Education Officers, Correctional Education Officers and Teachers
are encouraged to share their professional development experiences with other
Senior Correctional Education Officers, Correctional Education Officers and
Teachers.
18. Education Quality
18.1 In line with
the Department’s commitment to reducing re-offending, AEVTI is committed to providing
adult education programs to inmates and to identified disadvantaged groups
within the inmate population.
18.2 The provision
of educational courses shall be in the form of nationally accredited training
equivalent to that available in the community. This standard will be maintained
by the employment of professional educators within the system.
18.3 Education
programs aim to contribute to the good order of correctional centres and to the
overall well being of inmates.
18.4 Education
programs aim to assist inmates to develop skills and aptitudes to improve their
prospects for post release reintegration into the wider community.
18.5 These programs
will include classroom subjects, vocational education, creative and cultural
activities, physical education and sports, social education and library
facilities.
19. Consultation
19.1 The parties
agree to consult on any matter relating to the introduction of major, system
wide, educational initiatives by the Department.
19.2 A consultative
committee shall be established for this purpose.
20.
Anti-Discrimination
20.1 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.
20.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
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.
20.3 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.
20.4 Nothing in this
clause is to be taken to affect:
20.4.1 Any conduct or
act which is specifically exempted from anti-discrimination legislation;
20.4.2 Offering or
providing junior rates of pay to persons under 21 years of age;
20.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
20.4.4 A party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
20.5 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.
20.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
20.5.2 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."
21. Harassment Free
Workplace
21.1 The Department
is committed to ensuring that officers work in an environment free of
harassment. Harassment is any repeated uninvited or unwelcome behaviour
directed at another person. The effect of harassment is to offend, annoy or
intimidate another person and to make the workplace uncomfortable and
unpleasant. Harassing behaviour is unacceptable and disruptive to the
well-being of individuals and workplace productivity.
21.2 Harassment on
any grounds including, but not limited to, sex, race, marital status, physical
impairment, sexual preference, HIV/AIDS or age shall not be condoned by the
Department or the Federation.
21.3 Senior
Correctional Education Officers shall exercise their best endeavours to prevent
all forms of harassment by setting personal examples, by ensuring proper
standards of conduct are maintained in the workplace and by taking immediate
and appropriate measures to stop any form of harassment of which they may be
aware.
21.4 All employees are
required to refrain from perpetuating, or being party to, any form of
harassment.
21.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation.
22. Deduction of
Union Membership Fees
22.1 The Federation
shall provide the Department with a schedule setting out Federation’s
fortnightly membership fees payable by members of the Federation in accordance
with Federation’s rules.
22.2 The Federation
shall advise the Department of any change to the amount of fortnightly
membership fees made under its rules.
Any variation to the schedule of Federation fortnightly membership fees
payable shall be provided to the Department at least one month in advance of the
variation taking effect.
22.3 Subject to
subclauses 22.1 and 22.2 above, the Department shall deduct Federation’s
fortnightly membership fees from the pay of any employee who is a member of
Federation in accordance with the Federation’s rules, provided that the
employee has authorised the Department to make such deductions.
22.4 Monies so
deducted from the employee’s pay shall be forwarded regularly to the Federation
together with all necessary information to enable the Federation to reconcile
and credit subscriptions to employees’ membership accounts.
22.5 Unless other
arrangements are agreed to by the Department and Federation, all membership
fees shall be deducted on a fortnightly basis.
22.6 Where an
employee has already authorised the deduction of membership fees from his/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.
23. Dispute
Resolution Procedures
23.1 Subject to the
provisions of the Industrial Relations Act 1996, should any dispute
(including a question or difficulty) about an industrial matter arise, then the
following procedures shall apply:
23.1.1 Should any
dispute, question or difficulty arise as to matters occurring in a particular
workplace, then the employee and/or Federation workplace representative shall
raise the dispute, question or difficulty with the supervisor as soon as
practicable.
23.1.2 The supervisor
shall discuss the matter with the employee and/or Federation representative
within two working days with a view to resolving the dispute, question or
difficulty or by negotiating an agreed method and time frame for proceeding.
23.1.3 Should the above
procedure be unsuccessful in producing a resolution of the dispute, question or
difficulty or should the matter be of a nature which involves multiple
workplaces, then the individual employee or the Federation may raise the matter
with an appropriate officer of the Department with a view to resolving the
dispute, question or difficulty or negotiating an agreed method and time frame
for proceeding.
23.1.4 Where the
procedures in sub-clause 23.1.3 do not lead to resolution of the dispute,
question or difficulty, the matter shall be referred to the Commissioner and the
General Secretary of the Federation. They or their nominees shall discuss the
dispute, question or difficulty with a view to resolving the matter or by
negotiating an agreed method and time frame for proceeding.
23.1.5 Should the above
procedure not lead to a resolution, then either party may make application to
the Industrial Relations Commission of New South Wales.
23.1.6 While the
dispute resolution procedure is being followed, the status quo shall remain
unless an occupational health and safety issue precludes such work. The status
quo is the situation which prevailed before the cause of the dispute.
24. Duties as
Directed
24.1 The Department
may direct an employee to carry out such duties as are within the limits of the
employee’s skill, competence and training consistent with the classification
structure of this Award and provided that such duties are not designed to
promote deskilling.
24.2 The Department
may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been properly
trained in the use of such tools and equipment.
25. No Further Claims
25.1 Except as
provided by the Industrial Relations Act 1996, prior to 31 December
2008, there shall be no further claims by the parties to this Award for changes
to salaries, rates of pay, allowances, or conditions of employment in relation
to matters expressly contained in this award.
26. Area, Incidence
and Duration
26.1 This Award
shall apply to all Senior Correctional Education Officers, Correctional
Education Officers and Teachers employed by the Government of NSW under
Chapters 1A and 2 of the Act in the Department of Corrective Services, a
Department listed in Schedule 1, Part 1 of the Act.
26.2 This Award
rescinds and replaces the Crown Employees (Education Employees, Department of
Corrective Services) Consent Award 2004 published 20 May 2005 (351 IG, 72
varied by Erratum published 29 July 2005 (352 IG, 1095) and varied by the
Secure Employment Test Case IRC 1330 of 2006 on 10 March 2006.
26.3 The Award takes
effect from 1 January 2006 and expires on 31 December 2008.
pART B
MONETARY RATES
Table 1 - Salaries
|
4%
- from first pay period
|
4%
- from first pay period
|
4%
from first pay period
|
|
commencing
on or after
|
commencing
on or after
|
commencing
on or after
|
|
1/1/06
|
1/1/07
|
1/1/08
|
|
$
|
$
|
$
|
Teacher/CEO
|
|
|
|
Step 1
|
59,182
|
61,549
|
64,011
|
Step 2
|
60,851
|
63,285
|
65,816
|
Step 3
|
63,227
|
65,756
|
68,386
|
Step 4
|
66,344
|
68,998
|
71,758
|
SCEO
|
|
|
|
Step 1
|
75,377
|
78,392
|
81,528
|
Step 2
|
77,706
|
80,814
|
84,047
|
F.
MARKS
J
____________________
Printed by
the authority of the Industrial Registrar.