Crown Employees (Research Scientists) Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Public Employment Office.

 

(No. IRC 496 of 2007)

 

 

AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Definitions

3.         Classification as a Research Scientist

4.         Salaries

5.         Increments and Progression

6.         Calculation of Service

7.         Anti-Discrimination

8.         Grievance and Dispute Settling Procedures

9.         Relationship to Other Awards

10.       No Extra Claims

11.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

1.  Title

 

This Award shall be known as the Crown Employees (Research Scientists) Award 2007.

 

2.  Definitions

 

"Association" means the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

 

"Committee" means the Research Scientist Classification Committee convened by the Director - General, Department of Premier and Cabinet.

 

"Director of Public Employment" means the Director of Public Employment established under the Public Sector Employment and Management Act 2002.

 

"Division" means a public service division of the Government Service specified in Column 1 of Part 1 of Schedule 1 of the Public Sector Employment and Management Act 2002.

 

"Division Head" means a Division Head specified in Column 2 of Part 1 of Schedule 1 of the Public Sector Employment and Management Act 2002.

 

"Employee" means all persons permanently or temporarily employed subject to Chapter 2 of the Public Sector Employment and Management Act 2002.

 

"Guidelines" means the ‘Research Scientist Classification Policy and Guidelines’ issued from time to time by the NSW Department of Premier and Cabinet. 

 

"Service" means continuous service worked within the classification as set out in this Award.

 

3.  Classification as a Research Scientist

 

(a)        The Director - General, Department of Premier and Cabinet, on recommendation of the Committee, approves the classification of public sector employees as Research Scientists under this Award.

 

(b)        The Committee makes recommendations regarding the entry to, continuation in, progression and regression in, and cessation from the levels within the Research Scientists classification, namely Research Scientist, Senior Research Scientist, Principal Research Scientist or Senior Principal Research Scientist.

 

(c)        The Committee makes these recommendations in accordance with the criteria contained in the Guidelines.

 

4.  Salaries

 

(a)        The salary rates for the levels of Research Scientist, Senior Research Scientist, Principal Research Scientist and Senior Principal Research Scientist are set out in Table 1 of Part B, Monetary Rates, of this Award.

 

(b)        An employee temporarily employed under the provisions of Chapter 2 of the Public Sector Employment and Management Act 2002 is paid the weekly equivalent of the annual salary prescribed in Table 1 - Salaries.

 

(c)        The salaries of employees covered by this Award are adjusted to the appropriate rate prescribed by this Award on the basis of years of service.  Employees are deemed to have the years of service indicated by the salary received under the scale in force immediately prior to the operative date of this Award.

 

(d)        The salary rates in Table 1 - Salaries, of Part B, Monetary Rates, are set in accordance with the Crown Employees (Public Sector - Salaries 2007) Award and any variation or replacement award.

 

5.  Increments and Progression

 

(a)        In accordance with clause 16, Increments of Part 3, Conditions of Service of the Public Sector Employment and Management (General) Regulation 1996, the payment of an increment is subject to the satisfactory conduct of, and the satisfactory performance of duties by, the employee as determined by the appropriate Division Head.

 

(b)        Progression beyond efficiency barriers, and to the levels of Senior Research Scientist, Principal Research Scientist and to Senior Principal Research Scientist is approved by the Director - General, Department of Premier and Cabinet on recommendation by the Committee in accordance with the Guidelines.

 

6.  Calculation of Service

 

In calculating years of service for the purpose of this Award, the following periods are not taken into account:

 

(a)        Any period in respect of which an increment is refused in accordance with clause 16, Increments, of Part 3, Conditions of Service of the Public Sector Employment and Management (General) Regulation 1996;

 

(b)        Any leave of absence without pay exceeding five days in any incremental year;

 

(c)        Any period necessary to give full effect to a reduction in salary imposed under sections 75 and 76 of Part 5, Discipline and conduct of officers of the Public Service, of the Public Sector Employment and Management Act 2002.

 

7.  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, age and responsibilities as a carer.

 

(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 the legislation referred to in this clause.

 

NOTES -

 

(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 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."

 

8.  Grievance and Dispute Settling Procedures

 

(a)        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 Division, if required.

 

(b)        An employee 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.

 

(c)        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 Division Head or Delegate.

 

(d)        The immediate manager, or other appropriate officer, shall convene a meeting in order to resolve the grievance, dispute or difficulty within two working days, or as soon as practicable, of the matter being brought to attention.

 

(e)        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 working days, or as soon as practicable.  The employee may pursue the sequence of reference to successive levels of management until the matter is referred to the Division Head.

 

(f)         The Division Head may refer the matter to the Director of Public Employment for consideration.

 

(g)        If the matter remains unresolved, the Division Head shall provide a written response to the employee 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.

 

(h)        An employee, at any stage, may request to be represented by the Association.

 

(i)         The employee or the Association on their behalf, or the Division 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.

 

(j)         The employee, Association, Division and Director of Public Employment shall agree to be bound by any order or determination by the Industrial Relations Commission of New South Wales in relation to the dispute.

 

(k)        Whilst the procedures outlined in subclauses (a) to (k) 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 employee or member of the public.

 

9.  Relationship to Other Awards

 

Employees are entitled to the conditions of employment provided by this Award, the Public Sector Employment and Management Act 2002, and the Public Sector Employment and Management (General) Regulation 1996. The provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 and Crown Employees (Public Sector - Salaries 2007) Award or any replacement award, also apply to employees covered by this Award, except where specifically varied by this Award or some other award.

 

10.  No Extra Claims

 

This Award is taken to satisfy any claims in respect of work value arising from the Senior Principal Research Scientist (SPRS) level up to and including the date that this Award is made. Nothing in this Award affects the operation of clause 9 of the Crown Employees (Public Sector - Salaries 2007) Award or any replacement award.

 

11.  Area, Incidence and Duration

 

(a)        This Award applies to employees defined in clause 2, Definitions.

 

(b)        This Award rescinds and replaces the Crown Employees (Research Scientists 2004) Award, published 24 September 2004 (346 I.G. 523).

 

(c)        This Award will operate from 10 May 2007 with the exception of the Senior Principal Research Scientist level, which will operate from the 2007 round of Research Scientist classification interview outcomes.

 

(d)        The Award will remain in force for a period of 3 years.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

 

 

 

I. W. CAMBRIDGE, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.