Crown Employees (New South Wales Education
Standards Authority - Education Officers) Salaries and Conditions Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 127313 of 2019)
Before Chief Commissioner Kite
|
23 July 2019
|
REVIEWED
AWARD
Arrangement
Clause No. Subject
Matter
PART A
1. Title
2. Definitions
3. Salaries
3A. Deduction
of Union Membership Fees
4. Salary
Packaging
5. Salary
Sacrifice to Superannuation
6. Conditions
Fixed by Other Awards
7. Appointment
and Mobility Provisions
8. Flexible
Work Arrangements
9. Work Outside the Ordinary Hours of Work
10. Consultation
11. Training
and Development
12. Performance
Appraisal
13. Technology
14. Dispute
Resolution Procedures for the Parties
15. Duties as
Directed
16. Personal/Carer's
Leave
17. Work Health
and Safety
18. Anti-Discrimination
19. No Further
Claims
20. Area
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Title
1.1 This Award shall
be known as the Crown Employees (NSW Education Standards Authority - Education
Officers) Salaries and Conditions Award 2017.
2. Definitions
2.1 "Aboriginal
Education Consultative Group" means a branch of the NSW Education
Standards Authority providing secretariat support to the independent, community
based incorporated organisation, Aboriginal Education Consultative Group Inc.,
formed to provide advice and guidance to the Minster for Education on the
direction of Aboriginal education in New South Wales.
2.2 "Act"
means the Government Sector Employment
Act 2013, the Government Sector Employment Regulation 2014 and the
Government Sector Employment Rules 2014.
2.3 "Banked
Time" means the amount of time by which Flex time is reduced by one or
more days at the end of a settlement period for the purpose of being re-credited
to the officer to cover approved absences from work in future settlement
periods.
2.4 "NESA"
means the NSW Education Standards Authority.
2.5 "Chief
Education Officer" means a salary classification that includes, but is not
restricted to, NESA Inspectors; President, Aboriginal Education Consultative
Group; Chief Project Officers; Chief Curriculum Officers, and any successor
performing the same role.
2.6 "Coretime" means the period during the day when an
officer may be required to be on duty that is 9.30 am to 3.30 pm.
2.7 "Education
Officer" means a salary classification for jobs and any successor
performing the role within the Aboriginal Education Consultative Group.
2.8 "Employed"
or "employment" means when an Officer employed on an ongoing basis,
on secondment, temporarily employed or temporarily assigned by the NSW
Education Standards Authority pursuant to the Government Sector Employment Act 2014.
2.9 "Excess
hours" shall mean all time on weekends or public holidays and all hours
before or after the bandwidth hours specified at clause 8.5 necessarily
occupied by direction of, or on their own initiative with the approval of, the
Chief Executive Officer in the performance of work which from its character or
from special circumstances cannot be performed during the applicable bandwidth
hours applying at the Officer's headquarters. Provided that excess hours for
Officers for whom usual office hours are not fixed or for Officers engaged in
field work shall mean all such time on any day in excess of their bandwidth
hours of work per week divided by five.
2.10 "Federation"
means the Australian Education Union New South Wales Teachers Federation
Branch.
2.11 "Field
Officer" means a Liaison Officer.
2.12 "Flextime" is the hours accrued under flexible work
arrangements in a settlement period which may be carried forward to the next
settlement period, unless accrued as Banked Time.
2.13 "Flex
Leave" means Flex time carried forward or already accrued in a settlement
period and then used to cover approved absences from work during the same
settlement period.
2.14 "General Secretary"
means the General Secretary of the Australian Education Union New South Wales
Teachers Federation Branch.
2.15 "Headquarters"
means the administrative centre where the major part of the Officer's work is
performed, where the Officer normally reports or the office to which the
Officer is attached.
2.16 "Industrial
instrument" means an award, an enterprise agreement, a public sector
industrial agreement, a former industrial agreement, a contract determination
or a contract agreement.
2.17 "Industrial
Relations Commission" means the Industrial Relations Commission of New
South Wales established by the New South Wales Industrial Relations Act 1996.
2.18 "Industrial
Relations Secretary" means the employer of the staff of the Public Service
for the purpose of industrial proceedings as established under Part 4, Division
4 of the Act.
2.19 "Officer"
or "Officers" means a person or all persons who is/are employed by or
in the NSW Education Standards Authority in the salary classifications of Chief
Education Officer; Principal Education
Officer; Senior Education Officer, Grade 1; Senior Education Officer,
Grade 2; or Education Officer.
2.20 "Parties"
means the NSW Education Standards Authority, the Australian Education
Federation New South Wales Teachers Federation Branch and the Industrial
Relations Secretary.
2.21 "Ongoing
employment" means employment to an ongoing role pursuant to section 43 of
the Act.
2.22 "Chief
Executive Officer" means the person holding or acting in the office of the
Chief Executive Officer of the NSW Education Standards Authority pursuant to
section 8 of the Education Standards
Authority Act 2013. The Chief Executive Officer is the Agency Head pursuant
to section 28 of the Government Sector
Employment Act 2013. Reference to the Chief Executive Officer may from time
to time refer to his/her delegate, meaning a person delegated by the Chief
Executive Officer to perform functions associated with the office.
2.23 "Principal
Education Officer" means a job classification that includes, but is not
restricted to Principal Curriculum Officers, Principal Assessment Officers and
any successor performing the same role.
2.24 "Secondment"
means when the NSW Education Standards Authority employs by making use of the
services of an officer of the Department of Education.
2.25 "Senior
Education Officer, Grade 1" means a salary classification that includes,
but is not restricted to, Assessment Officers, Curriculum Officers, Project
Officers and any successor performing the same role.
2.26 "Senior
Education Officer, Grade 2" means a salary classification that includes,
but is not restricted to, Liaison Officers, Senior Assessment Officers, Senior
Curriculum Officers, Senior Planning Officers, Senior Project Officers and any
successor performing the same role.
2.27 "Standard
Hours" means the ordinary hours of duty which are worked in the absence of
flexible working hours between 8.30am to 4.30pm (or as otherwise determined by
the Chief Executive Officer), with an hour for lunch, Monday to Friday.
2.28 "Temporarily
assigned" means employment of an Officer pursuant to section 46 of the
Act.
2.29 "Temporarily
employed" means when the NSW Education Standards Authority employs an
Officer pursuant to section 43 of the Act.
2.30 "Union"
means the Australian Education Union New South Wales Teachers Federation Branch
2.31 "Western
Division" means the Western Division of the State of New South Wales as
defined by the Act.
3. Salaries
3.1 Officers will be
employed in the salary classifications as defined in clause 2, Definitions.
3.2 Officers will be
employed at annual salary levels not less than those for the classifications as
set out in Part B, Monetary Salary Rates, except as may be provided for in
respect of clause 4, Salary Packaging.
3.3 Unless the Chief
Executive Officer determines otherwise in accordance with subclause 3.4 of this
clause, new Officers will be remunerated at the minimum salaries on
commencement of employment under each of the classifications set out in the
said Table l, as follows:
Education Officer Level 1, 1st Year of Service;
Senior Education Officer, Grade 1 Level 1;
Senior Education Officer, Grade 2 the single salary
point specified;
Principal Education Officer the single salary point
specified;
Chief Education Officer, Grade 1, Level 1.
Chief Education Officer, Grade 2 the single salary
point specified.
3.4 The Chief
Executive Officer will determine the remuneration of new Officers:
3.4.1 at the minimum rate of the appropriate salary
classification; or
3.4.2 at such higher
level specified in Table 1, having regard to:
the applicant's skill,
experience and qualifications; and
the rate required to attract
the applicant; and
the remuneration of existing
Officers performing similar work.
3.5 An Officer
employed in the salary classification of Chief Education Officer, Senior
Education Officer Grade 1 or Education Officer shall be entitled to progress
along or be maintained on the incremental scale for the officer's salary
classification after each 12 months of service subject to the officer
demonstrating by means of an annual review continuing efficiency in work
practice, satisfactory performance and professional growth.
3.6 The salary
payable for Chief Education Officers includes remuneration for all incidences
of employment, including any existing expense or other allowance paid to Chief
Education Officers covered prior to this award, for all hours worked and all
other compensatory or other allowances other than:
3.6.1 annual leave loading;
3.6.2 travel or subsistence allowances;
3.6.3 allowances in relation to relocation expenses;
3.6.4 any approved reimbursement paid in relation to expenses
incurred in the discharge of the
Officer's duties.
3.7 Chief Education
Officers employed by the NESA as at the date this Award is made by the
Industrial Relations Commission, that is, prior to the creation of the Grade I
and Grade 2 Chief Education Officer classifications under this Award, will be
redesignated at the Chief Education Officer Grade 1 classification and will remain
on the previous five level single Chief Education Officer scale unless
transferred or assigned to a role at the Chief Education Officer Grade 2
classification by the Chief Executive Officer. All Chief Education Officers
appointed after the date that this Award is made by the Industrial Relations
Commission will be employed at either the Chief Education Officer Grade 1 or
Grade 2 classification as determined by the Chief Executive Officer.
3A.
Deduction of Union Membership Fees
(i) The
union shall provide the employee with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union's
rules.
(ii) The union shall
advise the employer of any changes 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.
(iii) 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.
(iv) Monies
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 employee's union membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) 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
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
4. Salary Packaging
4.1 Officers may
participate in the NESA's salary packaging scheme.
4.2 Except as
otherwise provided in the agreed salary packaging scheme, Officers must be
employed on the same conditions as set out in the award.
5. Salary Sacrifice to
Superannuation
5.1 Notwithstanding
the salaries prescribed by Part B, Monetary Rates, an employee may elect,
subject to the agreement of the employee's department or agency, to sacrifice a
portion of the wage/salary payable under clause 3, Salaries, to additional
employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. 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 corporations. The availability of salary for packaging
purposes will be determined following payment of post tax
commitments and payroll deductions such as employee superannuation
contributions, union fees, health fund, premiums and maintenance orders etc.
5.2 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 PAYG
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 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 an
employee's salary, shall be calculated by reference to the salary which would
have applied to the employee under the said clause 3 in the absence of any
salary sacrifice to superannuation made under this award.
5.3 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 or agency's agreement, paid into a
private sector complying superannuation scheme as employer superannuation
contributions.
5.4 Where an
employee makes an election in terms of subclause 5.3 of this clause, the
employer shall pay the portion of salary, the subject of election, to the
relevant superannuation fund.
5.5 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 5.1 of this clause is included in the
employee's superannuable salary which is notified to
the New South Wales public sector superannuation trustee corporations.
5.6 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 5.5 of this clause, 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. Conditions Fixed By
Other Awards
6.1 The following
industrial instruments and
regulation or any successor
thereto and any variations from time to time to the same, insofar as
they fix conditions of employment applying to Officers covered by this award
and pursuant to this award, shall apply to Officers unless specifically varied
by this award in which case the provisions of this award take precedence:
Crown Employees (Transferred Officers Excess Rent
Assistance) Agreement No. 2354 of 1981;
Crown Employees (Transferred Employees Compensation)
Award
Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009;
Government Sector
Employment Act 2013
Government Sector Employment Regulation 2014
Government Sector Employment Rules 2014
7. Appointment and
Mobility Provisions
7.1 Where the public
service sick leave entitlement is exhausted, Officers on secondment from the
Department of Education or Officers temporarily employed from any other New
South Wales Government Department/Declared Authority can access, provided the
NESA agrees, cumulative sick leave entitlements for their use, provided this is
agreed to by the Department of Education or any other New South Wales
Government Department/Declared Authority. The conversion of the cumulative sick
leave entitlement will be attended to by the NESA.
7.2 Officers on
secondment from the Department of Education and Officers temporarily employed
from any other New South Wales Government Department/Declared Authority can
access, provided the NESA agrees, any accrued long service leave entitlements
for their use, provided this is agreed to by the Department of Education or the
relevant New South Wales Government
Department/Declared Authority. The conversion of the long service leave
entitlement will be attended to by the NESA.
7.3 The NESA will
facilitate, where agreed, an Officer's portability of entitlements for long
service and sick leave whilst they are in the employment of the NESA.
7.4 In addition to
the provisions of the Public Sector Employment Regulation 2014 and the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its
successor or as amended from time to time where the balance of any period of
maternity/adoption leave extends beyond the period an Officer is employed, the
NESA will pay the difference in salary between the Officer's substantive salary
and the salary whilst at the NESA for the term of the leave taken, unless it
coincides with any period of paid leave other than maternity/adoption leave.
7.5 An extension of
a period of employment in order to coincide with an Officer's return to a
teaching service for Day 1 Term 1 Eastern Division or Day 1 Term 1 Western
Division of a school year or to reflect a change in the Department of
Education's policy will be taken into specific regard in NESA employment
practices.
7.6 The NESA's
superannuation provisions are to be no less beneficial than what Officers on
secondment or Officers temporarily employed from any other New South Wales
Government Department/Declared Authority would have received had they remained
in their original positions.
7.7 Officers who
demonstrate that they are existing contributors to either the State
Superannuation Fund or the State Authorities Superannuation Scheme are entitled
to retain their membership of those schemes as provided for in the Superannuation Act 1916, the State Authorities Superannuation Act
1987 or the First State Superannuation
Act 1992.
7.8 Credit of
recreation leave may be granted to Officers on secondment or temporarily
employed Officers recruited directly from schools or TAFE colleges, in
accordance with the following:
If the Officer Commences: Recreation Leave to be Credited
January before 18th
|
10 days
|
January on or after 18th
|
5 days
|
February
|
5 days
|
March before 30th
|
5 days
|
March on or after 30th
|
10 days
|
April before vacation
|
10 days
|
April on or after 27th
|
5 days
|
May
|
5 days
|
June before 15th
|
10 days
|
June on or after 15th
|
15 days
|
July before vacation
|
10 days
|
July on or after 20th
|
5 days
|
August
|
5 days
|
September before 7th
|
5 days
|
September on or after 7th
|
10 days
|
October
|
5 days
|
November before 10th
|
5 days
|
November on or after I0th
|
5 days
|
December
|
10 days
|
Thereafter, recreation leave accrues at the normal
rate.
7.9 To avoid
excessive accrual of recreation leave, as described in clause 77.2 of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 the
Chief Executive Officer may direct an officer to take accrued recreation leave.
Such direction will coincide with school vacation periods.
7.10 For the purpose
of workers' compensation, the employer of Officers is the NESA in terms of the Workers Injury Management and Workers
Compensation Act 1998 or any successor thereto.
7.11 The letters of
employment for all Officers will designate the salary and conditions of
employment. For Officers on secondment from the Department of Education and
Officers temporarily employed or temporarily appointed, the letters of
employment will designate the duration, salary and conditions of their
employment.
8. Flexible Work
Arrangements
The conditions under which flexible working hours operate
are set out in this clause.
8.1 No officer can
be directed to work under Flexible Work Arrangements. Those officers not
participating in Flexible Work Arrangements will work standard hours as defined
in clause 2.27.
8.2 To avoid
excessive accrual of Accrued Work Time (AWT) the Chief Executive Officer may
direct an officer to take accrued hours. Such direction will coincide with
school vacation periods. Accrued Work Time is defined in clause 8.13.
8.3 An officer may
only work outside the hours of a standard day (7 hours) but within the
bandwidth (7am - 7pm) and accrue hours toward a flexible working hours credit
if the work is available to be performed.
8.4 Application - The
Flexible Work arrangements that apply to Officers covered by this award are set
out as follows:
8.4.1 Principal
Education Officers, Senior Education Officers (except for Field Officers) and
Education Officers-Clauses 8.4 to 8.13 inclusive and 8.15 to 8.18 inclusive.
8.4.2 Field Officers
(Liaison Officers) Clauses 8.14 to 8.18 inclusive.
8.4.3 Chief
Education Officers (CEO's) Clause 8.19.
8.5 Settlement
Period
8.5.l The
settlement period for the purpose of subclause 8.4.1 is 12 weeks. The
settlement period for the purpose of subclause 8.4.2 is 4 weeks.
8.6 Ordinary Hours
of Work and Standard Hours
8.7 Standard
Bandwidth
8.7.1 The standard
bandwidth is 7.00 am to 7.00 pm. Normal work can be undertaken during
the period 7.30 am to 6.00 pm and additional hours work credited as
accrued work time (as defined in subclause 8.13 ).
8.7.2 If normal work is
undertaken at the Officer's own initiative and with the approval of the Chief
Executive Officer or delegate between 7.00 am and 7.30 am or 6.00 pm and 7.00
pm this time will be credited as accrued work time.
8.7.3 lf an Officer is directed to work between 7.00 am and 7.30
am or 6.00 pm and 7.00 pm or at other times outside the bandwidth,
including Saturday and Sunday compensatory leave will be accruable in
accordance with clause 9 of this award.
8.7.4 An officer, who
requests to work outside the standard bandwidth, must obtain approval of their
Chief Executive Officer or delegate. The time worked is to be counted towards
Accrued Work time (AWT).
8.7.5 If approval to
work outside the bandwidth is not sought or given, then the time worked outside
the standard bandwidth is not to be counted towards Accrued Work Time (AWT).
8.8 Coretime
8.8.1 The standard coretime is 9.30am to 3.30pm subject to the provisions as
detailed in clause 8.10.
8.8.2 The standard coretime may only be varied at the request of an individual
Officer with the agreement of the Chief Executive Officer or delegate.
8.8.3 In exceptional
circumstances officers may commence work after 9.30 am and/or leave before 3.30
pm and the time taken shall be flex leave. This arrangement must be agreed
between the officer and Chief Executive Officer or delegate.
8.9 Hours Worked
8.9.1 All Officers are
entitled to work a minimum of7 hours on any day. An officer cannot be directed
to work less than 7 hours on any day. An Officer may choose to work less than 7
hours in one day with the agreement of the Chief Executive Officer or delegate.
8.9.2 An Officer may
elect to change from flexible working hours to standard hours in agreement with
the Chief Executive Officer t or delegate.
8.9.3 Nothing in this
clause shall prevent the NESA requiring an officer to revert to working
standard hours following reasonable notice.
8.9.4 Where an officer
has completed a minimum of 7 hours on any day and there is no requirement for
that officer to remain at the workplace the officer's supervisor can request
that the Officer cease work for that day.
8.10 Lunch and Meal
Breaks
8.10.1 An
officer is to take a meal break of at least 30 minutes in a period of 5 hours
continuous work.
8.10.2 Lunch
breaks must be of at least 30 minutes duration with an entitlement of up to one
hour.
8.10.3 Provided
customer service is maintained, a longer lunch break of up to two and a half
hours may be taken with the supervisor's approval. Lunch breaks may be taken
between 11.30am and 2.30pm.
8.11 Flexible Working
Hours
8.11.1 An
officer may vary their flexible working hours or work standard hours at any
time in agreement with the Chief Executive Officer or delegate and in
accordance with the provisions of this Award.
8.12 Flex Leave and
Banked Time Entitlements
8.12.1 All
officers are entitled to take combinations of up to six (6) Flex Leave and
Banked Time days in any settlement period. This time may be taken together with
other forms of leave. The issue of when Flex Leave is taken should be agreed
between the Officer and the Chief Executive Officer or delegate.
8.12.2 An
officer may accumulate Banked Time during each settlement period on the
following basis:
where the staff member takes 6
Flex Leave days the possible Banked Time is zero;
where the staff member takes 5
Flex Leave days the possible Banked Time is 1 day;
where the staff member takes 4
Flex Leave days the possible Banked Time is 2 days;
where the staff member takes 3
Flex Leave days the possible Banked Time is 3 days;
where the staff member takes
less than 3 Flex Leave days the possible Banked Time is 3 days.
8.12.3 An
officer may accumulate Banked Time of up to three (3) days in each settlement
period. Over four settlement periods a maximum or equivalent of 12 days may be
accumulated as Banked Time.
8.12.4 A Flex
Leave day and a Banked Time day are each equivalent to 7 hours. The officer's
flex time will be reduced by this amount for each day of Banked Time. Seven (7)
hours will be re-credited to the staff member's time sheet when a Banked Time
day is utilised for leave.
8.12.5 Banked
Time days may be taken with other forms of leave including Flex Leave and can
be taken in quantities ranging from 1 to 12 days over 4 settlement periods.
8.13 Accrued Work Time
(AWT)
8.13.1 All time worked during the settlement period in accordance
with this agreement (except paid overtime) will count towards the Officers
Accrued Work Time (AWT).
8.13.2 An officer
should have Accrued Work Time (AWT) of at least 410 hours at the conclusion of
a settlement period. The minimum of 410 hours includes all credited AWT and all
approved leave.
8.13.3 Where
Accrued Work Time (AWT) is less than 4 IO hours at the end of a settlement
period the officer will be required to submit a recreation leave form for the
amount of the shortfall. Should the officer have no such leave available, leave
without pay (LWOP) for the amount of time below 410 hours will apply and the
LWOP is credited to the AWT total.
8.13.4 During
the settlement period an Officer is entitled to accumulate and/or carry forward
hours in excess of the 420 ordinary hours up to and including an additional 42
hours in any one settlement period. This additional 42 hours may be taken in
the next settlement period as part of the up to 6 Flex Leave days that may be
taken. This amount can only be exceeded in exceptional circumstances.
8.13.5 Hours
worked are to be documented by the officer and supervisor over the settlement
period through use of flex time records.
8.13.6 Total
Accrued Work Time (AWT) is not to exceed 462 on a cumulative basis except in
exceptional circumstances.
8.13.7 At the
conclusion of each settlement period any Accrued Work Time (AWT) in excess of
the 420 ordinary, and up to 462 hours, will be carried forward as a credit to
the next settlement period, unless accumulated to the officers Banked Time in
accordance with Clause 8.12.2.
8.13.8 In
exceptional situations it is possible that the 462 hour limit may be exceeded.
This additional time can be carried forward to the next settlement period but
the Chief Executive Officer or delegate must develop an agreed strategy to
ensure that the Officer is able to reduce the AWT to below the 462 hour limit.
8.13.9 An
officer with Accrued Work Time (AWT) at the conclusion of a settlement period
that amounts to less than 420 hours and greater than 410 hours must carry the
appropriate debit hours forward to the next settlement period.
8.13.10 An officer may vary working hours to suit particular
personal needs or absent themselves from work using Flex Leave or Banked Time.
Absences of this type may occur on more than one occasion as single or
consecutive full or quarter days in a settlement period and will be taken in agreement
with the Chief Executive Officer or delegate. Absences of this type are not to
be unreasonably denied, however the work demands of the NESA should be
recognised.
8.13.11 Banked
Time and Flex Leave shall be taken:
(a) as
soon as practicable following its accrual;
(b) recognising that out of school hours and school vacations
often provide the most practicable opportunities;
(c) in multiples of a quarter day only.
8.14 Flexible Working
Hours for Field Officers (Liaison Officers)
8.14.1 Flexible
working hours of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 or its successor or as amended from time to time apply to
Field Officers subject to variation of:
Settlement Period
Accumulation and Carry Over
Flex leave
Commencement or Cessation of Duty During
Coretime as affected by the terms of subclauses
8.14.2 to 8.18.
8.14.2 Bandwidth hours
for Field Officers are between 7.30 a.m. and 6.00 p.m. on each day, Monday to
Friday. With the core hours requirement 9.30am to 3.30 pm
excluding public holidays. A
flexible approach will be adopted by Field Officers and management in relation
to normal working and flexible working arrangements. The decision in these
matters is subject to organisational convenience and an appropriate level of
service being provided, having regard to:
(a) A Field Officer
may opt, for personal reasons or work commitments, not to take a flex day in a
settlement period, but rather to bank that flex day for use in a later
settlement period. Note that the total number of flex days that can be taken is
not increased.
(b) Up to one flex
day and one banked flex day, or two banked flex days, may be taken in any
settlement period.
(c) The total
number of banked flex days at any one time must not exceed five days.
(d) To bank a flex
day, seven hours is deducted from the total hours worked in the settlement
period. The balance of hours (after deducting a banked flex day) may be carried
over, up to a maximum often hours.
8.15 Separation from
the Agency
8.15.1 Where
an Officer gives notice of resignation, retirement or transfer to another
government department, the Chief Executive Officer or delegate and Officer
will, during the period of notice, take all reasonable steps to eliminate any
accumulated credit or debit hours.
8.15.2 The
Chief Executive Officer or delegate will facilitate the elimination of
accumulated credit or debit hours by such Officers.
8.15.3 Where
an officer has an accumulation of debit hours at the completion of the last day
of service, the accumulated recreation leave or moneys owing to that officer
will be adjusted accordingly.
8.15.4 Where
an Officer has an accumulation of credit hours at the completion of the last
day of service, then the accumulated credit hours are to be paid to the officer
at the current salary rate. However, if requested by the officer and agreed by
the new agency, the credit hours may be carried forward to the new agency.
8.16 Part Time
Officers
8.16.1 Part-time
Officers may accumulate the same Accrued Work Time (AWT) and have the same
rights to flexible working hours as full-time officers. They may not be
required to work more than their contract hours.
8.17 Disruption of
Transport
8.17.1 Where
an Officer is delayed or prevented from attending the workplace as a result of
a transport strike or a major transport delay, the following conditions will
apply to the period of disruption.
(a) The Officer may
commence or cease duty at any time. Time worked on such days will accumulate in
a normal way.
(b) Where an
Officer is unable to attend the workplace due to a transport disruption and is
unable to work from home or attend another place of work, then the Officer may
take the full day off without penalty provided that any excess Accrued Work
Time is cleared in the following settlement period.
(c) An Officer
affected by transport disruption will not be debited recreation leave or leave
without pay if the officer has accrued less than the minimum required Accrued
Work Time contract hours in the settlement period coinciding with the transport
disruption. However, the Officer must ensure that any Accrued Work Time debit
is cleared in the following settlement period.
8.18 Working at Home
8.18.1 Working
from home is a voluntary and co-operative arrangement which allows Officers to
continue their employment during some temporary unforeseen circumstance which
prevents their attending the workplace or where work of an intensive nature can
be performed efficiently away from the workplace. Approval may be given by the
appropriate manager or supervisor for individual Officers to work from home on
full salary and entitlements on the basis that the arrangement is short term
(up to five days) and is irregular, appropriate outcomes are negotiated and
hours of work are agreed. Wherever possible, approval is to be sought in
advance.
8.18.2 Working
from home on an extended (more than five days) or regular basis on any one
occasion rather than on a short-term basis will require a working from home
arrangement to be developed by agreement between the parties.
8.19 Chief Education
Officers
8.19.1 Chief
Education Officers may negotiate with their supervisors for patterns of working
hours which meet both the needs of the NESA and the personal circumstances of
individual Chief Education Officers
8.19.2 Chief
Education Officers may elect, from the agreed date of operation of this clause,
that is 12 June 2006, to work under the Flexible Work Arrangements pursuant to
Clause 8.4.1, except for any work undertaken outside the standard bandwidth in
which case the provisions of Clause 8.19.1, rather than Clause 8.7.3 or 8.7.4,
will apply
9. Work Outside Ordinary Working Hours
9.1 Work Outside Ordinary Hours for Education Officers, Senior
Education Officers, Grade l and Senior Education Officers, Grade 2.
9.1.1 The parties agree
that Officers directed to work outside ordinary working hours shall be entitled
to excess hours and compensatory leave provisions under this clause.
9.1.2 For the purpose
of calculating excess hours and compensatory leave the bandwidth hours for
work:
(a) directed by the Chief Executive Officer or delegate shall be
7.30 am to 6.00pm
(b) undertaken at
the officer's own initiative and with the approval of the Chief Executive
Officer or delegate shall be, except for Field Officers, 7.00 am to 7.00pm
(c) performed by Field Officers at the officers own initiative
and approved by the Chief Executive Officer or delegate shall be 7.30 am to
6.00 pm
9.1.3 In the absence of
flexible working hours the ordinary hours of work shall be 35 hours per week,
Monday to Friday.
9.1.4 Officers involved
in meetings with NESA Curriculum Committees, Working Parties, focus teams,
etc., may, where there is agreement with the other
parties involved, organise teleconferences or electronic exchange. Such
meetings or representation arranged as teleconferences or as an electronic
exchange may, where possible, also be arranged to minimise the additional hours
required to be worked by officers outside bandwidth working hours.
9.2 Compensatory
Leave
9.2.1 Compensatory
leave shall be taken:
(a) as
soon as practicable following its accrual:
(b) recognising that out of school hours and school vacations
provide the most practicable opportunities;
(c) in multiples of a quarter day only;
(d) within three
months of the date of working the excess hours, unless the excess hours worked
are banked within the cumulative balance limit and carried forward subject to
paragraphs 9.2.2, 9.2.3 and 9.2.4 of this subclause;
and provided further that:
(i) compensatory leave for, weekend duty performed may be accrued
and added to the cumulative balance of excess hours accrual;
(ii) compensatory leave for duty on public holidays may be
accrued and added to annual leave credits and, upon termination, will be
regarded as recreation leave for the purposes of the Government Sector
Employment Regulation 2014 and the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009; or its successor or as amended from time to
time.
(iii) an officer must take all compensatory leave granted prior to
the last day of service of his/her period of permanent appointment, secondment,
temporary appointment or temporary
employment.
9.2.2 Compensatory
leave may be accrued up to a cumulative balance limit of five days, in any
period of three months, in recognition of work performed outside bandwidth
hours with the exception of Field Officers. Field Officers shall have a
cumulative balance limit of 20 days at any point in time in recognition of work
performed outside bandwidth working hours.
9.2.3 Compensatory
leave accrued in a calendar year must be taken by January 31 of the following
calendar year.
9.2.4 Subject to
subclause 9.3 of this clause, leave accumulated above the limit in paragraph
9.2.2 of this subclause or not taken by the date in paragraph 9.2.3 of this
subclause, will be forfeited, unless the Officer acts on a direction by the
Chief Executive Officer to take, at such time as is convenient to the working
of the NESA, the excess compensatory leave accrued. As far as practicable, the
wishes of the Officer concerned will be taken into consideration in directing
the time for the taking of that excess compensatory leave.
9.2.5 Officers will
have ready access to cumulative balances of accrued compensatory leave to
ensure they are appropriately notified of any impending forfeiture.
9.2.6 Compensatory
leave may only be granted to Officers whose salary or salary and allowances in the
nature of salary are not in excess of the salary classification rate prescribed
as the maximum rate for Senior Education Officer, Grade 2, and as varied from
time to time.
9.3 Calculation of
and Payment in Lieu of Compensatory Leave
9.3.1 Where the
regularity of the demands of School Certificate and Higher School Certificate examination
paper setting and marking program or where it is impracticable for the
compensatory leave to be taken, the Chief Executive Officer shall:
(a) allow the compensatory leave to continue to accumulate
beyond the limit in paragraph 9.2.2 of subclause 9.2 of this clause; or
(b) subject to paragraphs 9.3.2 and 9.3.3 of this subclause,
authorise payment in lieu of compensatory leave.
9.3.2 Calculation of
compensatory leave or payment in lieu of compensatory leave shall be undertaken
and paid by the following method:
(a) for all excess
hours worked before or after the applicable bandwidth hours at the rate of time
and one half for the first two hours and at the rate of double time thereafter;
(b) for all excess hours worked on Saturday at the rate of time
and one-half for the first two hours and at the rate of double time thereafter;
(c) for all excess hours worked on Sunday at the rate of double
time;
(d) for all excess
hours worked on public holidays which would normally be a working day at the
rate of time and one-half in addition to salary;
(e) for all excess
hours worked on public holidays which would not normally be a working day at
the rate of double time and a half.
Provided that
(i) meal times shall not be included in the calculation of excess
hours;
(ii) if an Officer
is absent from duty on any working day during any week in which excess hours
have been worked by him/her, the time so lost may be deducted from the total
amount of excess hours worked by him/her during the week unless he/she is
granted leave of absence on recreation or on account of illness or unless, in
the opinion of the Chief Executive Officer, his/her absence has been caused by
circumstances beyond his/her control; and
(iii) an officer who works excess hours on Saturdays, Sundays
or public holidays shall:
(a) if payment is
made in lieu of compensatory leave, be paid
a minimum payment as though he/she has worked for three hours which
shall be calculated according to the method as set out in paragraph 9.3.3 of
this subclause and at the appropriate rate prescribed herein;
(b) be credited with compensatory leave as though he/she has
worked minimum of three hours which shall be calculated according to the method
as set out in the said paragraph 9.3.3 and at the appropriate rate prescribed
herein.
9.3.3
(a) Payment in lieu
of compensatory leave for excess hours worked shall not be paid for:
(i) periods of less than one-quarter of an hour;
(ii) time spent travelling, as the provisions of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its
successor or as amended from time to time.
(iii) periods of excess hours which exceed 35 hours (or 5 days) of
accrued time. The entitlement of Field Officers is unaffected by the provision
of subclause 9.3.3(i)(c).
(b)
(i) The
formula for the calculation of payment foe excess hours at ordinary rates shall
be:
Annual Salary
|
x
|
5
|
x
|
1
|
1
|
|
260.8929
|
|
35 hours
|
(ii) To determine
time and one-half or double time rates or double time and one-half rates, an hourly
rate at ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively,
calculated to the nearest cent.
(c) The annual
salary for the purpose of the calculation in this paragraph is the Officer's
annual salary or the maximum rate for Senior Education Officer, Grade 2,
whichever is the lower.
(d) In exceptional
circumstances, the Chief Executive Officer may approve of the payment in lieu
or compensatory leave for excess hours worked in the case of Officers for whom
compensation is specifically elsewhere provided for, or who are paid an
allowance for overtime or excess hours or whose salary is fixed as inclusive of
overtime or excess hours, or those otherwise rendered ineligible by this award.
9.3.4 Meal Allowances
(a) An allowance
for the meal shall be paid pursuant to the prov1S1ons of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009, or its successor
or as amended from time to time provided the Chief Executive Officer is
satisfied that:
(i) the performance of the work concerned at the time at which
it was performed was necessary;
(ii) the Officer incurred expenditure in obtaining the meal in
respect of which the allowance is sought;
(iii) where the Officer was able to cease duty for at least 30
minutes before or during the working of excess hours to take the meal, and the
officer did so.
(b) An Officer who
complies with the provisions of this clause, whether entitled to compensation
for excess hours or not, shall be paid the relevant allowance prescribed pursuant
to Clause 9.3.4.l.
(c) Where an
allowance under this paragraph is insufficient to adequately reimburse the
Officer for expenses properly and reasonably incurred, a further allowance may
be paid so as to reimburse the Officer for the additional expenses incurred.
(d) Where an
Officer working flexible hours is required to work excess hours on weekdays
beyond 6.00pm and until or beyond 8 hours after commencing duty, plus the
time taken for lunch, the Officer shall be allowed 30 minutes for a meal and,
thereafter, 30 minutes for a meal after
every five hours of overtime worked.
10. Consultation
10.1 A joint
consultative committee with Federation/NESA representatives will operate to
deal with a range of matters affecting working conditions including but not
limited to technological change and training and development. The committee
will meet at mutually agreed times.
11. Training and
Development
11.1 The NESA will
consult with the Federation in reviewing the NESA's training and development
activities which are designed to assist officers to refresh their knowledge and
understanding of contemporary school settings. This consultation will include:
(a) identifying the most successful training and development
activities and improving them where necessary;
(b) checking that they are available and accessible to all
officers.
This process will serve to adjust the existing program
as appropriate in consultation with the Federation.
11.2 The existing
program is designed to assist Officers to refresh their knowledge and
understanding of contemporary school settings. In addition to the intrinsic
benefits that such professional development provides to all officers, these
activities may assist the re-entry and re-orientation of Officers on secondment
or temporarily employed returning to schools. These activities will be made
available to all Officers over the life of this award as part of a program of
training and development where this is agreed between the Office and the
individual Officer. The NESA also recognises that, where possible, Officers on
secondment or temporarily employed should have opportunities to take part in
school-based activities related to the Officer's work at the NESA.
11.3 Where Officers
are required to undertake a professional development opportunity designated as
an agency priority by the NESA, the Officer will be considered to be on duty
and all compulsory fees will be met by the NESA.
11.4 Where the
professional development opportunity is an approved training and development
activity and is voluntarily undertaken, the Officer may undertake the course in
his/her own time, to the extent that it is outside ordinary working hours, and
meet any fees unless the NESA exercises its discretion to refund all or part of
these fees. The provisions of clause 9, Work Outside
Ordinary Working Hours, shall not apply in respect of this subclause.
12. Performance
Appraisal
12.1 The performance
appraisal process for Officers will be negotiated between the parties to
address three objectives and will:
12.1.1 ensure
that Officers engage in an appraisal process designed to improve the quality of
their work and to focus it on the NESA's corporate objectives;
12.1.2 provide
work reports to Officers;
12.1.3 assist
Officers whose performance is causing concern.
12.2 The performance
appraisal process will be centred on the following principles:
12.2.1 The work of the
NESA is centred on assisting teaching and learning. The structures for
improvement of the quality of teaching and learning should therefore be consistent
with what is generally regarded as best practice in the field
12.2.2 The improvement of
curriculum development, examination, assessment and credentialing practices
requires ongoing professional development. Education professionals learn best
in collegial contexts, so structures for improvement will be based on that
concept.
12.2.3 The performance
appraisal process will be negotiated at the supervisory level and will focus on
improving performance by facilitating learning and change in a collegial way.
12.2.4 Officers will
participate in forms of collegial practice to improve the quality and focus of
their work through discussion about, and observation of, curriculum,
examination, assessment and credentialing practice in a supportive and developmental
environment.
12.2.5 Training will be
provided to address the agreed needs of individual Officers and groups of
Officers, taking into account the Officer as an individual professional, as a
member of a team working within the framework of the NESA's policies and
practices, and as a valued professional within the government and
non-government school education system within New South Wales.
13. Technology
13.1 The NESA is
committed to consulting with the Federation over any proposal for or use of new
or upgraded technology as it directly affects the teaching service staff
encompassed by this award. In this context, the parties are committed to the
following principles:
13.1.1 Consultation will
occur at the planning, development, implementation and post implementation
phases of the introduction and use of new or significantly upgraded technology;
13.1.2 New or upgraded
technology will be accompanied by appropriate training or retraining for staff
and will be regarded as a Training and Development system priority;
13.1.3 New or upgraded
technology will comply with the NESA's Work Health and Safety obligations;
13.1.4 If the
introduction of new or upgraded technology leads to material changes to the
work organisation or duties of a particular role or position, then the parties
agree to consult on the impact of the changes.
14. Dispute Resolution
Procedures for the Parties
14.1 Subject to the
provisions of the Industrial Relations
Act 1996, the following procedures shall apply:
14.1.1 Should any dispute,
(including a question or difficulty) arise as to matters occurring in a particular workplace the Officer and/or
Federation workplace representative shall raise the matter with the relevant
Branch Manager or Director as soon as practicable.
14.l.2 The relevant
Branch Manager or Director will discuss the matter with the Officer and/or
Federation's workplace representative within two working days with a view to
resolving the matter or negotiating an agreed method and timeframe for
proceeding.
14.1.3 Should the above
procedure be unsuccessful in producing a resolution of the dispute or
should the matter be an agency-wide
nature, the individual Officer or the Federation may raise
the matter with the Chief Executive Officer's delegate with a view to resolving
the dispute, or negotiating an agreed method and timeframe for proceeding.
14.1.4 Where the
procedures in paragraph 14.l.3 of this subclause do not lead to resolution of
the dispute, the matter will be referred to the Chief Executive Officer and the
General Secretary of the Federation. They or their nominees shall discuss the
dispute, with a view to resolving the matter or by negotiating an agreed method
and timeframe for proceeding.
14.1.5 Should the above
procedures not lead to a resolution, either party may make application to the
Industrial Relations Commission of New South Wales.
15. Duties as Directed
15.1 The Chief
Executive Officer may direct an Officer to carry out such duties as are within
the limits of the Officer's skill, competence and training, consistent with the
classifications covered by this award, provided that such duties are not
designed to promote de-skilling. Such duties may include transfer to a role
different to that for which the officer may have been recruited.
15.2 The Chief
Executive Officer may direct an Officer to carry out such duties and use such
tools, materials and equipment as may be required, provided that the Officer
has been properly trained in the use of such tools, materials and equipment.
15.3 When an officer
undertakes duties using online or other electronic means for content management
purposes such purposes would comprise for:
15.3.1 curriculum
officers: drafting or amending syllabus and curriculum support documents;
15.3.2 test
development and assessment officers: examination specifications and other
assessment resource materials;
15.3.3 policy
and public affairs officers: NESA policies, rules and public relations and
event material.
15.4 Any directions
issued by the Chief Executive Officer shall be consistent with the Chief
Executive Officer's responsibility to provide a safe and healthy working
environment and pursuant to the provisions of clause 13 of this award.
16. Personal\Carer's
Leave
16.1 The entitlement
to leave in accordance with this clause is subject to:
16.1.1 the
Officer being responsible for the care and support of the person concerned; and
16.1.2 the
person concerned being:
(a) a spouse of the Officer; or
(b) a de facto
spouse being a person of the opposite sex to the Officer who lives with the
Officer as her husband or his wife on a bona fide domestic basis although not
legally married to that Officer; or
(c) a child or an adult child (including an adopted child, a
step child, a foster child or an ex-nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the Officer
or of spouse or de facto spouse of the Officer; or
(d) a same sex partner who lives with the Officer as the de
facto partner of that Officer on a bona fide domestic basis; or a relative of
the Officer who is a member of the same household, where for the purposes of
this definition:
"relative" means a
person related by blood, marriage, affinity or Aboriginal kinship structures;
"affinity" means a
relationship that one spouse or partner has to the relatives of the other; and
"household" means a
family group living in the same domestic dwelling.
16.2 Use of Family and
Community Service Leave to Care for a Family Member
16.2.1 The Chief
Executive Officer shall, in the case of emergencies or in unplanned personal or
domestic circumstances, grant to an Officer some or all of the available family
and community service leave on full pay.
16.2.2 Such cases may
include but are not to be limited to the following:
(a) compassionate grounds such as the death or illness of a
close member of the family or a member of the Officer's household;
(b) accommodation matters to one day such as attendance at court
as defendant in an eviction action, arranging accommodation, or when required
to remove furniture and effects;
(c) emergency or weather conditions such as when flood, fire or
snow etc. threaten property and/or prevent an Officer from reporting for duty;
(d) other personal circumstances such as citizenship ceremonies,
parent/teacher interviews or attending child's school for other reasons.
16.2.3 Attendance at
court by an Officer to answer a charge for a criminal offence if the Chief
Executive Officer considers the granting of family and community service leave
to be appropriate in a particular case.
16.2.4 Staff members who
are selected to represent Australia or the State as competitors in major
amateur sport (other than Olympic or Commonwealth Games).
16.2.5 Officers who hold
office in Local Government other than as a Mayor of a Municipal Council, Chief
Executive Officer of a Shire Council or Chairperson of a County Council, to
attend meetings, conferences or other duties associated with that office where
those duties necessitate absence during normal working hours.
16.2.6 Family and
community service leave on full pay which may, subject to this award, be
granted to an Officer shall be as follows:
(a) Two and a half
of the Officer's working days in the first year of service. Two and a half days
in the officer's second year of service and one day per year thereafter.
(b) If available
family and community leave is exhausted as a result of natural disasters, the
Chief Executive Officer shall consider applications for additional family and
community service leave, if some other emergency arises. On the death of a
person as defined in clause 16.l, additional paid family and community service
leave of up to two days may be granted on a discrete, per occasion basis to an
Officer.
(c) In cases of
illness of a family member for whose care and support the Officer is
responsible, paid sick leave in accordance with subclause 16.3 of this clause,
shall be granted when paid family and community service leave has been
exhausted.
16.3 Use of Sick Leave
to Care for a Family Member. When family and community service leave is
exhausted, an Officer with responsibilities in relation to a category of person
as set out in subclause 16.1 of this clause, who needs the Officer's care and
support, may elect to use available paid sick leave, subject to the conditions
specified in this subclause, to provide such care and support when a family
member is ill.
16.3.1 An Officer with
responsibilities in relation to a person who needs their care and support shall
be entitled to use sick leave available from that year's annual sick leave
entitlement minus any sick leave taken from that year's entitlement to provide
care and support for such persons when they are ill.
16.3.2 Sick leave
accumulates from year to year. In addition to the current year's grant of sick
leave available under sub clause 16.3.1 sick leave accrued from the previous
three years including that accrued and referred to in clause 7, Appointment and
Mobility Provisions, may also be accessed by an Officer with responsibilities
in relation to a person who needs their care and support.
16.3.3 The Chief
Executive Officer may, in special circumstances, make a grant of additional
sick leave. This grant can only be taken from sick leave accrued prior to the
period referred to in 16.3.2 of this subclause.
16.3.4 The Officers
shall, if required, establish either by production of a
medical certificate or statutory declaration, the illness of the person
concerned and that the illness is such as to require care by another
person.
16.3.5 The Officer has
the right to choose the method by which the ground for leave is established,
that is, by production of either a medical certificate or statutory
declaration.
16.3.6 The Officer is not
required to state the exact nature of the relevant illness on either a medical
certificate or statutory declaration.
16.3.7 The Officer shall,
wherever practicable, give the Chief Executive Officer notice prior to the
absence of the intention to take leave, the name of the person requiring care
and the person's relationship to the Officer, the reasons for taking such leave
and the estimated length of absence. If it is not practicable for the Officer
to give prior notice of absence, the Officer shall notify his/her manager by
telephone of such absence at the first opportunity on the day of absence.
16.3.8 In normal
circumstances, the Officer must not take leave under this subclause where
another person has taken leave to care for the same person.
16.4 Compassionate
Leave
16.4.1 For the purpose of
providing care and support for a person in accordance with this clause an
Officer may elect with the consent of his/her manager to take compensatory
leave at a time or times agreed with the manager.
16.4.2 Compensatory leave
taken as time off during ordinary working hours shall be taken at the ordinary
working hours rate, that is an hour for each hour
worked.
16.4.3 If having elected
to take time as leave in accordance with paragraph 16.4.1 of this subclause and
the leave is not taken for whatever reason the provisions of clause 9, Work Outside the Ordinary Hours of Work shall apply.
16.4.4 When applying the
provisions of the said clause 9 in accordance with paragraph 16.4.3 of this
subclause, the untaken leave shall be preserved for a period of 12 months
before the forfeiture provisions of paragraph 9.2.4 of subclause 9.2 of clause
9, or the payment in lieu provisions of subclause 9.3 of clause 9 will apply.
16.5 Use of Make-up
Time
16.5.1 An Officer may
elect, with the consent of the Chief Executive Officer, to work "make-up
time". "Make-up Time" is worked when the Officer takes time off
during ordinary working hours, and works those hours at a later time, during
the spread of ordinary working hours, at the ordinary working hours rate of pay.
16.6 Use of Other
Leave Entitlement
16.6.1 The Chief
Executive Officer may grant an Officer other leave entitlements for reasons
related to family responsibilities of, or community service by, the Officer. An
Officer may elect, with the consent of the Chief Executive Officer, to take:
(a) recreation leave;
(b) extended leave; and
(c) leave without pay.
17. Work Health and
Safety
17.1 For the purposes
of this clause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust,
corporation and/or person) which has at its business function, or one of its
business functions, to supply staff employed or engaged by it to another
employer for the purpose of such staff performing work or services for that
other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for that employer which might
otherwise have been carried out by the other employer's own employees.
17.2 Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employers premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(a) consult with employees of the labour hire business and/or
contract business regarding the workplace occupational health and safety
consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with the appropriate health and safety induction
training including the appropriate training required for such employees to
perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method statements
that they would otherwise supply to their own employees; and
(d) ensure employees of the labour hire business and/or contract
business are made aware of any risks
identified in the workplace and the procedures to control those risks.
17.3 Nothing in this
clause 17 is intended to affect or detract from any obligation or
responsibility upon a labour hire business under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.
17.4 Where a dispute
arises as to the application or implementation of this clause, the matter shall
be dealt with pursuant to the disputes settlement procedure of this award.
This clause has no application in respect of
organisations which are properly registered as Group Training Organisations
under the Apprenticeship and Traineeship
Act 2001 (or equivalent interstate legislation) and are deemed by the
relevant State Training Authority to comply with the national standards for
Group Training Organisations established by the ANTA Ministerial Council.
17.5 This clause
operates from 1 March 2006.
18.
Anti-Discrimination
18.l 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.
18.2 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.
18.3 Under the Anti-Discrimination Act 1977, it is unlawful
to victimise an officer because the officer has made or may make or has been
involved in a complaint of unlawful discrimination or harassment.
18.4 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.
18.5 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 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."
19. No Further Claims
19.1 Except as
provided by the Industrial Relations Act
1996, prior to 31 December 2019 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.
20. Area, Incidence
and Duration
20.1 The department
for which this award is made is the NSW Education Standards Authority. The
Award covers all persons employed on an ongoing basis, seconded or temporarily
employed by the NESA in
the classifications of Chief Education Officer, Principal
Education Officer, Senior Education Officer and Education Officer.
20.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Board of Studies, Teaching and Educational Standards - Education
Officers) Salaries and Conditions Award 2015 published 5 May 2017 (381 I.G. 211), as
varied.
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 23 July 2019.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
PARTB
MONETARY RATES
Table 1 - Salaries
Chief Education Officer - Grade 1
Grade 1
|
2.5%
|
2.5%
|
2.5%
|
|
From the first pay
period
|
From the first pay
period
|
From the first pay
period
|
|
to commence on or
after
|
to commence on or
after
|
to commence on or
after
|
|
1/1/2017
|
1/1/2018
|
1/1/2019
|
|
$
|
$
|
$
|
Level I
|
152,037
|
155,838
|
159,734
|
Level2
|
156,969
|
160,893
|
164,915
|
Level 3
|
161,905
|
165,953
|
170,102
|
Level 4
|
165,219
|
169,349
|
173,583
|
Level 5
|
168,900
|
173,123
|
177,451
|
Chief Education Officer - Grade 2
Grade
2
|
2.5%
|
2.5%
|
2.5%
|
|
From the first pay
period
|
From the first pay
period
|
From the first pay
period
|
|
to commence on or
after
|
to commence on or
after
|
to commence on or
after
|
|
1/1/2017
|
1/1/2018
|
1/1/2019
|
|
$
|
$
|
$
|
Single salary point
|
173,123
|
177,451
|
181,887
|
Principal Education Officer
|
2.5%
|
2.5%
|
2.5%
|
|
From the first pay
period
|
From the first pay
period
|
From the first pay
period
|
|
to commence on or
after
|
to commence on or
after
|
to commence on or
after
|
|
1/1/2017
|
1/1/2018
|
1/1/2019
|
|
$
|
$
|
$
|
Single salary point
|
148,672
|
152,389
|
156,199
|
Senior Education Officer Grade 1
|
2.5%
|
2.5%
|
2.5%
|
|
From the first pay
period
|
From the first pay
period
|
From the first pay
period
|
|
to commence on or
after
|
to commence on or
after
|
to commence on or
after
|
|
1/1/2017
|
1/1/2018
|
1/1/2019
|
|
$
|
$
|
$
|
Level 1
|
114,275
|
117,132
|
120,060
|
Level 2
|
128,554
|
131,768
|
135,062
|
Senior Education Officer Grade 2
|
2.5%
|
2.5%
|
2.5%
|
|
From the first pay
period
|
From the first pay
period
|
From the first pay
period
|
|
to commence on or
after
|
to commence on or
after
|
to commence on or
after
|
|
1/1/2017
|
1/1/2018
|
1/1/2019
|
|
$
|
$
|
$
|
Single salary point
|
134,012
|
137,362
|
140,796
|
Education Officer AECG
|
2.5%
|
2.5%
|
2.5%
|
|
From the first pay
period
|
From the first pay
period
|
From the first pay
period
|
|
to commence on or
after
|
to commence on or
after
|
to commence on or
after
|
|
1/1/2017
|
1/1/2018
|
1/1/2019
|
|
$
|
$
|
$
|
Level 1
|
|
|
|
1st year of service
|
83,286
|
85,368
|
87,502
|
Thereafter
|
85,912
|
88,060
|
90,262
|
Level 2
|
|
|
|
1st year of service
|
89,281
|
91,513
|
93,801
|
Thereafter
|
91,898
|
94,195
|
96,550
|
Level 3
|
|
|
|
1st year of service
|
94,649
|
97,015
|
99,440
|
Thereafter
|
97,486
|
99,923
|
102,421
|
Level 4
|
|
|
|
1st year of service
|
101,538
|
104,076
|
106,678
|
Thereafter
|
104,768
|
107,387
|
110,072
|
Allowances
Allowances and the rates paid for allowances will be as
determined and adjusted from time to time pursuant to the provisions of the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009
or its successor or as amended from time to time.
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.