Crown Employees (Office of Environment and
Heritage and the Office of Environment Protection Authority) General Award 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the Industrial
Relations Secretary.
(Case No. 2017/98265)
Before Commissioner
Murphy
|
7 April 2017
|
VARIATION
1. Insert in
clause 2 Definitions, of the award published 15 January 2016 (378 I.G. 1273) the
following new definitions:
"Delegate" means an employee who has been
delegated certain powers by the Chief Executive, the Chairperson or the
Departmental Secretary where appropriate pursuant to section 17 of the Government Sector Employment Act 2013.
“Departmental Secretary” means the Secretary of the
Department of Planning and Environment.
“DPE” means the Department of Planning and Environment
(DPE).
"Employer for all purposes other than
Industrial" means, for the Office of Environment and Heritage, the Chief
Executive, for the Office of the Environment Protection Authority, the
Chairperson and for Department of Planning and Environment, the Secretary.
"Organisation Head" means the Chief Executive
of the Office of Environment and Heritage, the Chairperson of the Environment
Protection Authority or the Secretary of the Department of Planning and
Environment.
2. Delete
paragraph (i) of subclause 4.1 of clause 4 Parties, and insert in lieu thereof
the following:
(i) Secretary,
Industrial Relations, Chief Executive of the Office of Environment and Heritage
(OEH) and the Chairperson of the Environment Protection Authority (EPA),
Secretary of the Department of Planning and Environment (DPE).
3. Delete
subclause 6.1 of clause 6 Salary System and insert in lieu thereof the
following:
6.1 The rates of
pay for employees of the OEH, EPA and in the DPE those staff employed pursuant
to this award (engaged in the function of providing human resource, information
technology, finance, procurement and property services) will be in accordance
with the rates contained in Schedule 1, subject to any agreed Salary and
Benefit Packaging arrangement.
4. Delete
subparagraphs 6.8.4, 6.8.5, and 6.8.6 of clause 6, Salary System, and insert in
lieu thereof the following
6.8.4 Employees with a recognised 3 year degree
or qualifications deemed by the OEH, EPA
or DPE as equivalent will be assigned to point 1 on the EO 2 -7 salary scale.
6.8.5 Employees with a
recognised 4 year degree or higher or qualifications deemed by the OEH, EPA or
DPE as equivalent will be assigned to point 2 on the EO 2-7 salary scale.
6.8.6 Employees on the above scale shall be
eligible to progress beyond Class 6 Salary Point 2 subject to:
(i) the
availability of work at the higher level in the employee’s discipline/s; and
(ii) demonstrated
ability and capacity to undertake more responsible work, as deemed appropriate
by the OEH, EPA or DPE having regard to
the employee’s discipline/s.
5. Delete
subclause 8.3 of clause 8 On Call Allowance for Public Affairs Officers and
Information Management & Communications Technology (IM&CT) Officers,
and insert in lieu thereof the following:
8.3 Only in
exceptional circumstances would the OEH, EPA or DPE require an employee to be
on call for a period of less than 7 days. Where a period of on call is for less
than 7 days, a pro-rata to a minimum of one day will apply for each day the
employee is required to be on call. The daily allowance will equate to $26.43
per day.
6. Delete
subclauses 12.1, 12.2 and 12.6 of clause 12 Irregular Shiftwork and insert in
lieu thereof the following:
12.1 From time to time
the OEH, EPA or DPE may request an irregular or infrequent shift to be
performed during the period Monday to Friday.
12.2 Where shift work
is irregular or infrequent, the OEH, EPA or DPE shall pay a shift allowance of
30% on the normal daily rate.
12.6 After an
employee has worked an irregular shift, the employee must take a break of 10
hours prior to recommencing work. However, if requested by the OEH, EPA or DPE
because of special circumstances to recommence work without completing a 10
hour break, overtime shall be paid from the time work is recommenced until such
a break is taken.
7. Delete
subparagraph 15.3.1 of subclause 15.3 of clause 15 After Hours Incident Service
(AHIS), and insert in lieu thereof the following:
15.3.1 An employee rostered on the AHIS and called
out by a person/organisation so authorised by the OEH, EPA or DPE in order to
investigate pollution complaints, surveillance of potential pollution sources,
or in other emergency situations outside normal working hours, will be paid a minimum
of three (3) hours at overtime rates.
8. Delete
subclause 25.1 of clause 25 Area Incidence and Duration and insert in lieu
thereof the following:
25.1 This Award shall
apply to employees in the Office of Environment and Heritage, the Environment Protection
Authority and the Department of Planning and Environment.
9. These
variations shall take effect on and from 7 April 2017.
J.
V. MURPHY, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.