Independent Commission Against Corruption Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 712 of 2015)
Before Commissioner Stanton
|
28 January 2016
|
REVIEWED
AWARD
Clause No. Subject Matter
1. Title of
Award
2. Dictionary
of Terms
3. Aims of
the Award
4. Communication
and Consultation
5. ICAC
Officer Classification and Salary Structure
6. Basis of
Employment
7. Performance
Management and Salary Increments
8. Training
and Development
9. Redundancy
and Redeployment
10. Conditions
of Employment
11. Hours of
Employment - Flexible Working Hours Scheme (FWHS)
12. Flexible
Work Arrangements (FWA)
12A. Lactation
Breaks
13. Annual
Leave
14. Concessional
Leave and Easter Thursday
15. Long
Service Leave (Extended Leave)
16. Family and
Community Service Leave and Carer’s Leave
17. Holy Days
and Essential Religious Duties
18. Leave
Without Pay
19. Military
Leave
20. Parental
Leave
21. Public
Holidays
22. Sick Leave
23. Special
Leave
23A. Leave for
Matters Arising from Domestic Violence
24. Study Time
and Examination Leave
25. Travelling
Time Compensation
26. Overtime
27. Performing
Higher Duties
28. Allowances
and Loadings
29. Investigators,
Surveillance Officers and Technical Services Officers
30. Secure
Employment Test Case WHS Obligations
31. Grievance
and Dispute Resolution
32. Variations
to Award and No Further Claims
33. Anti-Discrimination
34. Salary
Packaging
35. Area,
Incidence and Duration
Schedule 1 - ICAC Officer Classification Salary Rates
Schedule 2 - Allowance Rates
Schedule 3 - Casual Employees Entitlements
1. Title of Award
This Award will be known as the Independent Commission
Against Corruption Award.
2. Dictionary of Terms
Commission - the Independent Commission Against Corruption
ICAC - the Independent Commission Against Corruption
PSA - the Public Service Association and Professional
Officers’ Association Amalgamated Union of New South Wales
Executive - the ICAC's statutory officers and Executive
Directors
Commissioner - the Commissioner of the ICAC
Domestic Violence -
means domestic violence as defined in the Crimes (Domestic and
Personal Violence) Act 2007
3. Aims of the Award
The Commission is a statutory body set up under the
Independent Commission Against Corruption Act 1988 to expose and minimise
corruption in the NSW public sector. This Award documents the conditions of
employment and the rights and obligations of management and staff that will
help to achieve this objective.
This Award was negotiated by the ICAC Award Negotiation
Committee comprised three staff, a Public Service Association industrial
officer and three management representatives. Staff were consulted throughout
the development of the Award and have agreed to this Award.
The Award aims to achieve the following outcomes:
to improve the efficiency and productivity of the ICAC
to enhance our culture of consultation
to provide equitable remuneration and conditions of
employment
to provide information on conditions of employment in
plain English
to improve the development and utilisation of staff
We are committed to certain fundamental values in all our
interactions with public sector agencies, other organisations, individuals and
our staff. We will:
advance the public interest at all times
always act ethically and with integrity
be fair, impartial and accountable in all our work
strive for excellence in everything we do
be tenacious and professional in pursuing our aim
respect each other and work collaboratively
preserve the ICAC’s independence.
This Award rescinds and replaces all other industrial
instruments except as referred to in this document.
4. Communication and
Consultation
The Commission Consultative Group (CCG) is the formal
mechanism for consultation and communication between staff and management on
matters of policy and procedure.
Purpose - to improve performance through consultation
leading to informed decision making.
Role - to consider issues of policy or procedure, with
Commission-wide significance to staff, as referred by staff and management.
Generally, the CCG provides a consultative forum for developing or reviewing
policies, procedures, and/or recommendations as to final policy or procedure to
the Commissioner or manager with delegated authority. Delegation to the CCG of
decision-making power in suitable matters will also be an option for the
Executive.
PSA representation - a PSA industrial staff
representative.
Staff representation - there are five staff
representatives, at least one of whom is a delegate of the PSA. Representatives are elected by secret ballot
and are appointed for a period of two years.
The Executive representation - three Executive
representatives are appointed by the Commissioner for a period of two years.
Operation - The CCG determines its own meeting
procedure and charter of operation.
Other committees - The Access and Equity Committee, the
Occupational Health and Safety Committee and the Classification Committee
report to the Commissioner through the CCG. The CCG will ensure that these
committees are appropriately structured and operate in accordance with relevant
legislation, including that election procedures are appropriate, and that
membership is balanced by gender and is representative of the staff
5. ICAC Officer Classification
and Salary Structure
(1) The ICAC
Officer classification Grades 1 - 8 have regard to the following principles:
(a) work of equal
value attracts equal remuneration a structure reflecting a composite weighting
of the markets from which the Commission recruits its employees
(b) a structure
which supports improved performance.
(2) The ICAC
Officer salary rates appear in Schedule 1 of this Award.
(3) The salary
structure has regard for equivalent work value and salaries in the following
markets:
NSW public sector (Administrative & Clerical and
Legal), Police/Investigator (NSW, Federal, Australian Crime Commission)
Private sector (Information Technology)
(4) The CCG will
examine the ICAC Officer classification system in order to consider the
benefits of reducing the number of grades and salary points, improve
opportunities for progression to positions at higher grades through the
introduction of "soft barriers" or other measures, and other changes
suggested by the Executive or staff.
(5) The annual
salaries of ICAC staff covered by this Award shall be adjusted by an increase of
2.5% from the first full pay period on or after 1 July 2015.
6. Basis of Employment
(1) The employment
of members of staff of the Commission is subject to s.104 of the Independent
Commission Against Corruption Act 1988.
(2) Members of
staff of the Commission are appointed by the Commissioner and are taken to be
employed by the Government of New South Wales in the service of the Crown but
the Commissioner is, for the purposes of any proceedings relating to staff
employed under s.104 held before a competent tribunal having jurisdiction to
deal with such matters, taken to be the employer of the staff.
(3) Persons
employed under s.104 are appointed as a member of staff of the Commission at
the discretion of the Commissioner and are subject to the control and direction
of the Commissioner.
(4) The basis of
employment in the Commission is permanent (either full-time or part-time), that
is, continuing employment subject to satisfactory work performance and conduct.
(5) The Commission
may engage employees other than permanent employees. These employees may be
part-time, casual, fixed term or secondees and will be engaged when:
(a) additional
skills, expertise or experience in the current workforce are required and the
position will not be required on an ongoing basis.
(b) a position is
vacant because an employee is on approved leave of absence.
(6) It is the
intention of the parties that the Commission’s recruitment policy will indicate
the steps to be taken to determine the availability of skills, expertise or
experience within the Commission prior to the initiation of any external
action. Appointment to a position at the ICAC will involve a six months
probationary period or such period as the Commissioner directs. The
probationary period applies to permanent employees and non permanent employees
who are employed for periods of greater than six months.
(7) Satisfactory
performance encompasses, but is not limited to:
(a) satisfactory
discharge of duties as incorporated in the individual performance agreement
(b) participation
in corporate activities
(c) commitment to
and participation in training and development opportunities.
(8) Satisfactory
conduct encompasses, but is not limited to:
(a) observing the
law
(b) observing Commission
policies and procedures
(c) observing
ethical standards of behaviour as set out in the Commission's Code of Conduct.
(9) Subject to
section 104 of Independent Commission Against Corruption Act 1988, the
Commission will, wherever possible, follow the management practices relating to
termination and dismissal prescribed in legislation that affects NSW employers.
(10) Recruits may
decide to be seconded to a permanent position or come to the Commission on
Leave Without Pay from their substantive employer. Where a recruit decides to
do this, the Commission requires a minimum period of employment of two years.
Further extensions of no less than one year, provided performance and conduct
are satisfactory, will be considered. Staff currently on secondment or leave
without pay may apply to resign from their substantive employment and join the
Commission as a permanent member of staff in their current job, provided
performance and conduct are satisfactory and, where possible, three months’
notice is given. This opportunity is not available to temporary employees.
(11) A temporary
employee may be directly appointed to a permanent position if the employee has
filled that position for two years on a temporary basis and was initially
recruited under merit selection.
(12) Resignation - 4
weeks notice in writing is required unless the Commission agrees to a lesser
period of notice.
(13) Termination of
employment - 4 weeks notice shall be given by staff; or in lieu of notice, the
Commission may grant payment in lieu.
(14) Casual employees
shall receive leave entitlements as referred to in Schedule 3 of this Award.
7. Performance
Management and Salary Increments
(1) The aims of
the Commission's performance management system are:
(a) to establish a
climate of continuous improvement within the Commission
(b) to match
individual staff performance objectives with Commission performance objectives
and Corporate and Strategic Plans
(c) to provide a process
that ensures honest communication between staff and supervisors about the work
they do, how it is done and how performance is measured
(d) to ensure the
identification of training and development needs are in line with requirements
of the individual and the Commission.
(2) The
Commission’s performance management system is based on an annual performance
agreement between staff and their supervisor. The annual performance agreement
sets out the agreed outcomes to be measured and how these outcomes will be
measured (i.e. performance measures).
(3) There are
stages to be completed each year for the Commission’s performance management
system, which will occur at a common time for all employees, these stages are
outlined in the Commission’s policy on performance management.
(4) Progression
through the salary points in the ICAC Officer range is based on performance
under the Commission’s performance management system. The Annual Review, which
occurs in June each year, includes an overall assessment of performance.
(5) All staff have
a common increment date of 1 July and their increment will be eligible for
payment in the first full pay period commencing on or after 1 July each year,
subject to satisfactory performance under the Commission’s performance management
system.
(6) The minimum
period of service required before consideration for an increment would be 4
months subject to completion of a Performance Agreement within 6 weeks of
appointment or promotion.
(7) Procedures for
managing poor performance will include:
(a) the
implementation of a 3 month performance improvement plan, with a further extension of 1 month if performance
remains unsatisfactory.
(b) the deferral
of an increment following unsatisfactory performance will create a new increment anniversary date for that
year. If performance is maintained at a
satisfactory level for at least a 4 month period, prior to the common increment
date of 1 July, the staff member, similar to other staff, may be considered for
an increment at that time. If the period
of satisfactory performance and issuing of a new increment date is less than four months prior to the common
increment date then the staff member
will only receive an increment on their new increment date and will not be
entitled to another increment at the common increment date. If performance is maintained at a
satisfactory level, it will not be until the subsequent year that the common
increment date will once again become applicable.
8. Training and
Development
(1) The Commission
is committed to providing training and development activities that aim to
increase the skills, knowledge and experience of staff. The activities provided
include:
(a) job relevant
training
(b) refresher
courses
(c) new skills
training
(d) participation in
corporate activities
(e) opportunities
to do work at a similar or higher grade within the Commission, or on secondment
to other agencies
(f) transfer,
promotion or secondment opportunities
(g) training where
performance has been identified as inadequate
(h) other career
development opportunities relevant to the work of the Commission.
(2) The CCG will
oversee the implementation of the Commission's Training and Development Policy,
taking into account:
(a) the needs of
all employees
(b) access is fair
and in line with EEO principles
(c) corporate or
Unit planning or training arising out of the Commission’s performance
management program
(d) the level of
resources needed in implementing the program and the most effective way of
using those resources.
9. Redundancy and
Redeployment
Staff and management are covered by the provisions of the
NSW Department of Premier and Cabinet's 'Managing Excess Employees' Policy and
directions for redundancy and redeployment.
10. Conditions of
Employment
(1) The conditions
of employment are set out in this Award and include compliance with the
Commission’s General Policies and Procedures. The Commission’s General Policies
and Procedures are to be read as amended and in force at the date under
consideration. To the extent of any
inconsistency between the Commission’s General Polices and Procedures and the
Award, the conditions of the Award shall prevail.
(2) The ICAC's
conditions of employment are based on NSW public service conditions at the date
of the making of this Award. Changes in public service Awards and/or conditions
of employment that occur after the making of this Award will be referred to the
CCG for consideration and possible recommendation to the Commissioner. If it is
decided they should apply, this Award will be varied in accordance with the
Industrial Relations Act 1996.
(3) In setting
conditions of service for staff of the Commission regard will be given to the
provisions of the current Crown Employees (Public Service Conditions of
Employment) Award.
(4) If conditions
of employment for staff of the Commission are not covered by this Award then
the provisions of the current Crown Employees (Public Service Conditions of
Employment) Award will be referred to. Any changes to conditions of service will
be made in consultation with the CCG. Where they differ, for example in
relation to Surveillance Officer conditions, they are defined in policy
documents held at the ICAC.
(5) Staff
transferring to the Commission from other NSW public sector agencies may be
able to transfer some of their existing entitlements to the Commission
consistent with NSW public sector mobility provisions. However, the transfer of
annual leave entitlements is restricted to a maximum of 5 days. This
restriction of a maximum of 5 days of leave does not apply to the transfer of
other types of leave entitlements to the Commission.
11. Hours of
Employment - Flexible Working Hours Scheme (FWHS)
(1) The Commission
operates under a Flexible Working Hours Scheme as follows. This clause must be read in conjunction with
the Commission’s Flexible Working Hours Policy (Policy 31) as is in force at
the relevant time. The provisions of this clause prevail to the extent of any
inconsistency with the policy.
(2) Purpose - to
improve organisational performance and to provide the Executive and employees
with flexibility in arranging working hours.
(3) Principles -
In order that staffing levels are sufficient to meet operational requirements,
the Guarantee of Service and performance standards, management and staff are
committed to ensuring that:
(a) decisions
regarding working hours will be made taking into account the requirements of
the particular Division, Section or team and the Commission
(b) decisions
regarding working hours will be made between an employee and their direct
supervisor based on consultation and negotiation
(c) supervisors
will notify staff of the need to change hours as soon as practicable
(d) staff will
give reasonable notice of request for flex leave.
(4) The provisions
of this clause shall apply to part time staff on a pro rata basis.
(5) Surveillance
Officers - Management recognises the need for greater flexibility in managing
the flexible working hours' scheme for Surveillance officers and allows for variations
in recognition of the employment situation of surveillance staff, which are
referred to in the Flexible Working Hours policy.
(6) Ordinary hours
of work - 7 hours/day, 35 hours/week, Monday to Friday.
(7) Commission's
daily hours of business - 9 am to 5 pm.
(8) Daily period
in which work is to be performed (bandwidth) - 7.30 am to 7.00 pm. This period may be varied with the agreement
of staff and their supervisor to meet Commission or staff needs. If the bandwidth is altered, flex is accrued
after 7 hours work (excluding meal breaks) and overtime after 11.5 hours from
the start of the altered bandwidth.
(9) Minimum hours
to be worked each day - 5 hours. Minimum
hours may be varied temporarily by agreement of the staff member and their
Executive Director in exceptional circumstances.
(10) Maximum hours to
be worked each day - 10, unless approved otherwise.
(11) Meal break -
Minimum of 30 minutes every 5 hours. Surveillance Officer meal breaks and the
payment of meal allowances are defined in a policy document held at the ICAC.
(12) Flex Period -
140 hours (4 weeks), which are the contract hours for a full time employee.
(13) Maximum Flex
Leave that can be taken in any financial year - 26 days (182 hours). This
includes both flex and banked flex leave.
(14) Carry over
credit at end of Flex Period - up to 21 hours.
(15) Carry over debit
at end of Flex Period - up to 10 hours.
Debits in excess of 10 hours must be offset by an application for Annual
Leave.
(16) Flex Leave (FL)
and Banked Flex Leave (BFL) that can be taken in a Flex Period - 21 hours. Staff are expected to take Flex leave and or
banked flex leave as either a half day (3.5 hours) or a full day (7
hours). Part time employees may take a
pro rata amount equivalent to the hours worked on a specific day. Flex Leave may be taken at the beginning
and/or end of a period of other leave.
(17) Banked Flex
Leave - Working hours in excess of the 21 hour carry over credit may be
banked. The maximum hours to be banked
is up to 21 hours. The minimum amount of
banked flex leave that can be used is 3.5 hours. BFL may be taken in conjunction with Flex
leave and at the beginning and/or end of a period of other leave.
(18) Flex Record -
Staff must maintain current and accurate records of their working hours on the
Timekeeper system. Data from the Record
will be analysed from time to time.
(19) Where a staff
member has accrued 6 weeks recreation leave (over 30 days), unless otherwise
authorised by their Director, flex leave, including banked flex leave can only
be taken in situations where at least one day of recreation leave has been
applied for and approved within the flex period. If, however recreation leave
has been applied for and declined or not actioned by the manager, access to flex
leave is still available.
12. Flexible Work
Arrangements (FWA)
(1) This Award
aims to provide assistance to staff in balancing their personal and work
commitments. This enables the Commission to be more flexible in the delivery of
its services and to improve the satisfaction of staff. FWA will only be
available with the agreement of management. All conditions of employment in
this Award apply to part time staff on a pro-rata basis.
(2) The following
FWA are available:
(a) Permanent
Part-time Employment - enables staff to permanently work hours which are less
than the full-time weekly hours of their position.
(b) Part-time
Leave Without Pay - enables staff to work on a part-time basis for a period of
time, either by cutting hours in their current position or by doing other
duties. At the end of the period they return to full-time work.
(c) Part Year
Employment - enables staff to work for an agreed number of weeks per year, with
an agreed number of unpaid weeks.
(d) Job Sharing -
enables a job to be shared by two or more staff. They may be employed on a
part-time basis or may be full-time employees taking part-time leave without
pay.
(e) Working at
home - Staff may work at home from time to time if it is an efficient and
effective way of working and the outcomes to be achieved are agreed to by their
supervisor. The documented security policies and procedures relating to this
provision must be adhered to at all times.
(3) A permanent
member of staff originally employed on a full-time basis and currently working
in a FWA has the right to return to full-time employment. In such a case they
will be paid at their substantive salary level but may not be able return to
the work carried out before entering the FWA in accordance with the ICAC
Policy.
12A. Lactation Breaks
(1) This clause
applies to staff members who are lactating mothers. A lactation break is provided for
breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this Award.
(2) A full time
staff member or a part time staff member working more than 4 hours per day is
entitled to a maximum of two paid lactation breaks of up to 30 minutes each per
day.
(3) A part time
staff member working 4 hours or less on any one day is entitled to only one
paid lactation break of up to 30 minutes on any day so worked.
(4) A flexible
approach to lactation breaks can be taken by mutual agreement between a staff member
and their manager provided the total lactation break time entitlement is not
exceeded. When giving consideration to any such requests for flexibility, a
manager needs to balance the operational requirements of the organisation with
the lactating needs of the staff member.
(5) The Commission
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
(6) Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable to provide these facilities,
discussions between the manager and staff member will take place to attempt to
identify reasonable alternative arrangements for the staff member’s lactation
needs.
(7) Staff members
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
(8) Staff members
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breastfeeding and the transition to the
workplace may utilise sick leave in accordance with clause 22, Sick Leave of
this award, or access to the flexible working hours scheme provided in clause
11, Hours of Employment - Flexible Working Hours Scheme (FWH) of this award,
where applicable.
13. Annual Leave
(1) Staff are
entitled to 20 working days/140 hours of annual leave per year. Annual leave
accrues at the rate of 1.67 working days/11.62 hours per month and may be taken
in periods of not less than ¼ day. At least 10 days annual leave must be taken
each financial year. To enable better planning of annual leave and flex and
banked flex leave, and to ensure better availability of staff throughout the
year, staff undertake to manage their annual leave to give the Commission
maximum notice of their wishes. The Commission, will, wherever possible, meet
the leave requirements of staff; however, the taking of annual leave is subject
to Commission convenience.
(2) An annual
leave entitlement does not accrue during any periods of unpaid leave except for
periods of sick leave without pay.
(3) Staff annual
leave balances at 30 June each year can accrue to a maximum of 30 working
days/210 hours unless an approval to conserve annual leave has been granted by
the relevant director. The taking of flex leave can be affected by annual leave
balance in excess of 30 days. Refer to
clause 11, Hours of Employment - Flexible Working Hours Scheme (FWH).
14. Concessional Leave
and Easter Thursday
(1) Concessional
Leave: At Christmas, where the Premier grants concessional leave, the
Commissioner may make a similar grant to Commission staff provided that
adequate service to the public is maintained. Advice to staff on whether the
leave is available, as well as the relevant conditions, will be provided at
least two weeks prior to Christmas each year.
(2) Easter
Thursday: The Commissioner may grant access to an additional ½ day flex leave
on the afternoon of Easter Thursday in the flex period in which Easter Thursday
falls, provided that adequate service to the public is maintained. In order to
be able to take the additional ½ day of flex leave the staff member must have
enough flex time accrued during the flex period to ensure he/she does not go
into debit of more than 10 hours at the end of the flex period.
15. Long Service Leave
(Extended Leave)
(1) The ICAC long
service leave entitlements are:
(a) Long Service
Leave (LSL) entitlement after 10 years service - 2 months (44 working days) on
full pay and 11 working days for every year of service thereafter. LSL may be
taken at half pay.
(b) LSL
entitlement after 7 years service - staff with 7 years or more service will be
entitled to take (or be paid out on resignation) LSL in the usual manner. The quantum
of leave available is that which would have applied if pro rata leave was
granted. No repayment will be required if a staff member does not reach 10
years service.
(c) LSL
entitlement after 5 years service but less than 7 years service - If the ICAC
terminates employment for reasons other than serious and intentional
misconduct, or, staff leave on account of illness, incapacity or domestic or
other pressing necessity, staff are entitled to 1 month’s LSL for 5 years
service plus a pro-rata rate for service of between 6 and 7 years.
(d) LSL on Double
Pay - A staff member with an entitlement to LSL may elect to take leave at
double pay. The additional payment will
be made as a superable, taxable allowance for employees covered by the First
State Superannuation Act 1992 and members of another complying fund of their
choice. The double payment is not
superable for members of the closed NSW Public Sector Superannuation Schemes,
which are established by the Police Regulation (Superannuation) Act 1906, the
State Authorities Non-Contributory Superannuation Act 1987, the State
Authorities Superannuation Act 1987 and the Superannuation Act 1916.
The staff
members leave balance will be debited for the actual period of the absence from
work and an equivalent number of days as are necessary to pay the allowance.
Other leave entitlements, eg recreation leave, sick leave and LSL will accrue
at the single time rate where a staff member takes LSL at double time.
Superannuation contributions will only be made on the basis of the actual
absence from work, i.e. at the single time rate. Where a staff member elects to
take LSL at double pay, in most cases a minimum period of absence of one week
should be taken, i.e. one week leave utilising two weeks of accrued leave.
(2) Public
holidays that fall whilst a staff member is on a period of LSL will be paid and
not debited from a staff member’s LSL entitlement. In respect of public
holidays that fall during a period of double pay LSL a staff member will not be
debited in respect of the leave on a public holiday. The staff member’s leave
balance will however be reduced by an additional day to fund the non-superable
taxable allowance.
(3) Service for
LSL purposes - The following service with public sector agencies may count for
LSL purposes, depending on the agency:
(a) permanent and
temporary work periods of employment with the ICAC under the Independent
Commission Against Corruption Act 1988.
(b) continuous
service with agencies under the Government Sector Employment Act 2013 and as
defined by the Department of Finance,
Services and Innovation, NSW Industrial Relations Executive Director. This generally includes service with the NSW
public sector, some agencies in the Commonwealth and other states. Where the
break in service between a public sector agency and starting work with the ICAC
is less than two months, this previous employment may be able to be recognised
for LSL purposes providing that the offer of employment with the Commission was
accepted with the Commission prior to resignation.
16. Family and
Community Service Leave and Carer's Leave
(1) Family and
Community Service Leave (FACSL) - staff may be granted FACSL for reasons
relating to unplanned and/or emergency situations associated with:
(a) their family
responsibilities
(b) their
performance of community service duties
(c) pressing
necessity.
(2) Such unplanned
and emergency situations may include, but not 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
staff member's household including organising and attending to funeral
arrangements;
(b) Emergency
accommodation matters up 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, snow or disruption to utility
services etc, threatens a staff member’s property and/or prevents a staff
member from reporting for duty;
(d) Attending to
emergency or unplanned or unforeseen family responsibilities, such as attending
a child's school for an emergency reason or emergency cancellations by child
care providers;
(e) Attendance at
court by a staff member to answer a charge for a criminal offence, only if the
Commissioner considers the granting of family and community service leave to be
appropriate in a particular case;
(f) Attendance as
a competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State;
(g) Absence during
normal working hours to attend meetings, conferences or to perform other duties
for staff members holding office in Local Government whose duties necessitate
absence during normal working hours for these purposes, provided that the staff
member does not hold a position of Mayor of a Municipal Council, President of a
Shire Council or Chairperson of a County Council.
(3) Non-emergency
appointments or duties shall be scheduled or performed outside of normal
working hours or through approved use of flexible working arrangements or other
appropriate leave.
(4) FACS leave can
be used for carer’s responsibilities to care for an ill family member as
defined below. In this situation, FACS
leave does not need to be unplanned or an emergency however, FACS leave needs
to be exhausted prior to carer’s leave being accessed to care for an ill family
member. Refer to carers leave for further explanation.
(5) A family and
relative of a staff member for these purposes is:
(a) Your child
(b) The child of
your current or former husband, wife, de facto opposite or same sex partner
(c) Any adult who
you are the legal guardian of
(d) Any ‘immediate
family member’. This means any of the
following:
(i) Your current
or former husband, wife, de facto opposite or same sex partner,
(ii) Your
grandchild or the grandchild of your current or former husband, wife, de facto opposite
or same sex partner,
(iii) Your parent
or the parent of your current or former husband, wife, de facto opposite or
same sex partner,
(iv) Your
grandparent or the grandparent of your current or former husband, wife, de
facto opposite or same sex partner,
(v) Your brother or
sister or the brother or sister of your current or former husband, wife, de
facto opposite or same sex partner.
(6) Family and
community service leave shall accrue as follows:
(a) 2-1/2 days in
the staff member’s first year of service;
(b) 2-1/2 days in
the staff member’s second year of service; and
(c) 1 day per year
thereafter.
(7) Part time
staff will accrue at a pro-rata amount.
(8) Where FACSL is
exhausted, two additional working days FACSL may be granted on a discrete per
occasion basis on the death of a person defined above.
(9) Carer's Leave
(CL) - Where FACSL is exhausted, unused sick leave may be granted to staff
responsible for the care of an ill family member using the above definition of
family member.
(10) The sick leave
that can be accessed is:
(a) unused sick
leave from the previous 3 years.
(b) access to
additional sick leave accumulated from eligible service may be granted in
special cases.
(11) When applying
for CL staff must supply:
(a) a medical certificate
or Statutory Declaration for periods greater than 2 consecutive working days.
(b) details of the
name of the person being cared for, their relationship with that person, the
reason for that period of leave.
(c) the exact
nature of the illness does not need to be disclosed.
(12) The use of CL
will be managed in the same way as sick leave, with evidence and medical
certificates being required when applying for carers leave for takings in
excess of two consecutive days.
(13) Where FACSL and
CL are exhausted, time off in lieu of overtime or travelling compensation or
flex time, annual, LSL and leave without pay may be granted.
17. Holy Days and
Essential Religious Duties
(1) Staff of any
religious faith who need leave for the purpose of observing holy days of that
faith may be granted available paid or unpaid leave provided that adequate
notice is given.
(2) Staff of any
religious faith who need time off during daily working hours to attend to
essential religious duties of that faith may use the provisions of the Flexible
Working Hours Scheme.
18. Leave Without Pay
(1) Staff may be
granted periods of leave without pay in excess of 2 months after 2 years
employment with the Commission. The maximum period that may be granted in this
case is 12 months subject to special approval by the Commissioner. Staff taking
12 months LWOP must return to work for the Commission for a minimum of 2 years
before further LWOP is granted.
(2) A staff member
shall not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the staff member elects to combine all or part of accrued
paid leave with leave without pay, the paid leave shall be taken before leave
without pay.
(3) No paid leave
shall be granted during a period of leave without pay.
19. Military Leave
(1) Staff who are
volunteer, part-time members of the Defence Forces may be granted military
leave on full pay to attend training, education, instruction and compulsory
parades. The grant each financial year is:
(a) Navy Reserve -
up to 24 calendar days
(b) Army Reserve -
up to 24 calendar days
(c) Air Force
Reserve - up to 28 calendar days
(2) The
Commissioner may grant a staff member special leave of up to 1 day to attend
medical examinations and tests required for acceptance as volunteer part time
members of the Australian Defence Forces.
(3) A staff member
who is requested by the Australian Defence Forces to provide additional
military services requiring leave in excess of the entitlement specified may be
granted Military Leave Top up Pay by the Commissioner. Military Leave Top up Pay is calculated as
the difference between a staff member’s ordinary pay as if they had been at
work, and the Reservist’s pay which they receive from the Commonwealth
Department of Defence.
(4) During a
period of Military Leave Top up Pay, a staff member will continue to accrue
sick leave, recreation and extended leave entitlements, and the Commission is to continue to make
superannuation contributions at the normal rate.
20. Parental Leave
(1) Parental leave
includes maternity, adoption and "other parent" leave.
(2) Maternity
leave shall apply to a staff member who is pregnant and, subject to this clause
the staff member shall be entitled to be granted maternity leave as follows:
(a) For a period
up to 9 weeks prior to the expected date of birth; and
(b) For a further
period of up to 12 months after the actual date of birth.
(c) A staff member
who has been granted maternity leave and whose child is stillborn may elect to
take available sick leave instead of maternity leave.
(3) Adoption leave
shall apply to a staff member adopting a child and who will be the primary care
giver, the staff member shall be granted adoption leave as follows:
(a) For a period of
up to 12 months if the child has not commenced school at the date of the taking
of custody; or
(b) For such
period, not exceeding 12 months on a full-time basis, as the Commissioner may
determine, if the child has commenced school at the date of the taking of
custody.
(c) Special
Adoption Leave - A staff member shall be entitled to special adoption leave
(without pay) for up to 2 days to attend interviews or examinations for the
purposes of adoption. Special adoption leave may be taken as a charge against
recreation leave, extended leave, flexitime or family and community service
leave.
(4) Where
maternity or adoption leave does not apply, "other parent" leave is
available to male and female staff who apply for leave to look after his/her
child or children. Other parent leave applies as follows:
(a) Short other
parent leave - an unbroken period of up to 8 weeks at the time of the birth of
the child or other termination of the spouse's or partner's pregnancy or, in
the case of adoption, from the date of taking custody of the child or children;
(b) Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the staff member as provided for in paragraph
(a) of this subclause. Extended other parental leave may commence at any time
up to 2 years from the date of birth of the child or the taking of custody of
the child.
(5) A staff member
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of up to 14 weeks, a staff member entitled to short other
parent leave is entitled to payment at the ordinary rate of pay for a period of
up to 1 week, provided the staff member:
(a) Applied for
parental leave within the time and in the manner determined set out in
subclause (10) of this clause; and
(b) Prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
(c) Payment for
the maternity, adoption or short other parent leave may be made as follows:
(i) in advance as
a lump sum; or
(ii) fortnightly
as normal; or
(iii) fortnightly
at half pay; or
(iv) a combination
of full‑pay and half pay.
(6) Payment for
parental leave is at the rate applicable when the leave is taken. A staff member holding a full time position who
is on part time leave without pay when they start parental leave is paid:
(a) at the full
time rate if they began part time leave 40 weeks or less before starting
parental leave;
(b) at the part
time rate if they began part time leave more than 40 weeks before starting
parental leave and have not changed their part time work arrangements for the
40 weeks;
(c) at the rate
based on the average number of weekly hours worked during the 40 week period if
they have been on part time leave for more than 40 weeks but have changed their
part time work arrangements during that period.
(7) A staff member
who commences a subsequent period of maternity or adoption leave for another
child within 24 months of commencing an initial period of maternity or adoption
leave will be paid:
(a) at the rate
(full time or part time) they were paid before commencing the initial leave if
they have not returned to work; or
(b) at a rate
based on the hours worked before the initial leave was taken, where the staff
member has returned to work and reduced their hours during the 24 month period;
or
(c) at a rate
based on the hours worked prior to the subsequent period of leave where the
staff member has not reduced their hours.
(8) Except as
provided in subclauses (5), (6) and (7) of this clause parental leave shall be
granted without pay.
(9) Right to
request
(a) A staff member
who has been granted parental leave in accordance with subclause (2), (3) or
(4) of this clause may make a request to the Commissioner to:
(i) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(ii) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the staff member in reconciling work and
parental responsibilities.
(b) The
Commissioner shall consider the request having regard to the staff member’s
circumstances and, provided the request is genuinely based on the staff
member’s parental responsibilities, may only refuse the request on reasonable
grounds related to the effect on the workplace or the Commissioner’s
business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(10) Notification
Requirements
(a) When the
Commission is made aware that a staff member or their spouse is pregnant, or is
adopting a child, the Commission must inform the staff member of their
entitlements and their obligations under the award.
(b) A staff member
who wishes to take parental leave must notify the Commission in writing at
least 8 weeks (or as soon as practicable) before the expected commencement of
parental leave:
(i) that she/he
intends to take parental leave, and
(ii) the expected
date of birth or the expected date of placement, and
(iii) if she/he is
likely to make a request under subclause (9) of this clause.
(c) At least 4
weeks before a staff member's expected date of commencing parental leave they
must advise:
(i) the date on
which the parental leave is intended to start, and
(ii) the period of
leave to be taken.
(d) Staff member’s
request and the Commissioner’s decision to be in writing
The staff member’s request under paragraph (9)(a) and
the Commissioner’s decision made under paragraph (9)(b) must be recorded in
writing.
(e) A staff member
intending to request to return from parental leave on a part time basis or seek
an additional period of leave of up to 12 months must notify the Commission in writing as soon
as practicable and preferably before beginning parental leave. If the
notification is not given before commencing such leave, it may be given at any
time up to 4 weeks before the proposed return on a part time basis, or later if
the Commissioner agrees.
(f) A staff member
on maternity leave is to notify the Commission of the date on which she gave birth
as soon as she can conveniently do so.
(g) A staff member
must notify the Commission as soon as practicable of any change in her
intentions as a result of premature delivery or miscarriage.
(h) A staff member
on maternity or adoption leave may change the period of leave or arrangement,
once without the consent of the Commission and any number of times with the
consent of the Commission. In each case she/he must give the Commission at
least 14 days notice of the change unless the Commissioner decides otherwise.
(11) A staff member
has the right to her/his former position if she/he has taken approved leave or
part time work in accordance with subclause (9) of this clause, and she/he
resumes duty immediately after the approved leave or work on a part time basis.
(12) If the position
occupied by the staff member immediately prior to the taking of parental leave
has ceased to exist, but there are other positions available that the staff
member is qualified for and is capable of performing, the staff member shall be
appointed to a position of the same grade and classification as the staff
member’s former position.
(13) A staff member
does not have a right to her/his former position during a period of return to
work on a part time basis. If the Commissioner approves a return to work on a
part time basis then the position occupied is to be at the same classification
and grade as the former position.
(14) A staff member
who has returned to full time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert back to such leave. This may
be done once only, and a minimum of 4 weeks notice (or less if acceptable to
the Commission) must be given.
(15) A staff member
who is sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. A staff member may
apply for accrued recreation leave, extended leave or leave without pay before
taking maternity leave. Any leave taken before maternity leave, ceases at the end
of the working day immediately preceding the day she starts her nominated
period of maternity leave or on the working day immediately preceding the date
of birth of the child, whichever is sooner.
(16) A staff member
may elect to take available recreation leave or extended leave within the
period of parental leave provided this does not extend the total period of such
leave.
(17) A staff member
may elect to take available recreation leave at half pay in conjunction with
parental leave provided that:
(a) accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave;
(b) the total
period of parental leave is not extended by the taking of recreation leave at
half pay;
(c) when
calculating other leave accruing during the period of recreation leave at half
pay, the recreation leave at half pay shall be converted to the full time
equivalent and treated as full pay leave for accrual of further recreation,
extended and other leave at the full time rate.
(18) If, for any
reason, a pregnant staff member is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Commission, should, in consultation with the staff member, take all reasonable
measures to arrange for safer alternative duties. This may include, but is not
limited to greater flexibility in when and where duties are carried out, a
temporary change in duties, retraining, multi-skilling, teleworking and job
redesign.
(19) If such
adjustments cannot reasonably be made, the Commissioner must grant the staff
member maternity leave, or any available sick leave, for as long as it is
necessary to avoid exposure to that risk as certified by a medical
practitioner, or until the child is born which ever is the earlier.
(20) Communication
during parental leave
(a) Where a staff
member is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the Commission shall take reasonable steps
to:
(i) make information
available in relation to any significant effect the change will have on the
status or responsibility level of the position the staff member held before
commencing parental leave; and
(ii) provide an
opportunity for the staff member to discuss any significant effect the change
will have on the status or responsibility level of the position the staff
member held before commencing parental leave.
(b) The staff
member shall take reasonable steps to inform the Commissioner about any
significant matter that will affect the staff member’s decision regarding the
duration of parental leave to be taken, whether the staff member intends to
return to work and whether the staff member intends to request to return to
work on a part time basis.
(c) The staff
member shall also notify the Commissioner of changes of address or other
contact details which might affect the Commission’s capacity to comply with
paragraph (a) of this subclause.
21. Public Holidays
The provisions of the Banks and Banks Holidays Act 1912
apply and provide for the following public holidays: New Years Day, Australia
Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Christmas Day,
Boxing Day or such other public holidays that are proclaimed. The Public
Service Holiday is to be taken on a day determined by the Commissioner between
Christmas Day and New Year’s Day.
22. Sick Leave
(1) Staff members
at the time of the Award variation will accrue sick leave in accordance with
this clause from 1 January 2009 onwards.
(a) At the
commencement of employment with the Public Sector, a full time staff member is
granted an accrual of 5 days sick leave providing this does not exceed the
amount that would normally accrue over their period of employment. This also applies to temporary employees.
(b) After the
first four months of employment, a full time staff member shall accrue sick
leave on a daily basis at the rate of 1.25 working days per month for the
balance of the first year of service.
(c) After the
first year of service, the staff member shall accrue sick leave on a daily
basis at the rate of 15 working days per year of service.
(2) Payment during
the initial 3 months of employment with the Commission - Paid sick leave which
may be granted to a staff member, in the first 3 months of employment shall be
limited to 5 days paid sick leave, unless the Executive Director approves
otherwise. Paid sick leave in excess of 5 days granted in the first 3 months of
employment shall be supported by a satisfactory medical certificate.
(3) Paid sick
leave shall not be granted during a period of unpaid leave.
(4) Any leave not
taken is accumulated. Once sick leave with pay is exhausted, sick leave without
pay may be granted.
(5) Medical
certificates must be provided for periods of sick leave in excess of 2
consecutive working days, taken on a strike day, consecutively with a public
holiday and any time after giving notice of resignation or termination. If a
staff member is required to provide evidence of illness for an absence of 2 consecutive
working days or less, the Executive Director will advise them in advance.
(6) A staff member
may absent themselves for a total of 5 working days due to illness without the
provision of evidence of illness/medical certificate to their Manager. Staff members who absent themselves in excess
of 5 working days in a calendar year may be required to furnish evidence of
illness to their manager for each occasion absent for the balance of the
calendar year.
(7) As a general
practice backdated medical certificates will not be accepted. However if a
staff member provides evidence of illness/medical certificate that only covers
the latter part of the absence, they can be granted sick leave for the whole
period if the manager is satisfied that
the reason for the absence is genuine.
(8) The granting
of paid sick leave shall be subject to the staff member providing evidence
which indicates the nature of illness or injury and the estimated duration of
the absence. If a staff member is concerned about disclosing the nature of the
illness to their manager they may elect to have the application for sick leave
dealt with confidentially by an alternate manager or by the Human Resources
Section.
(9) If a staff
member who is absent on recreation leave and/or extended leave, furnishes to
their manager a satisfactory medical
certificate in respect of an illness of five or more than five working days in
duration, which occurred during the period of leave, their manager may, subject to the provisions of this
clause, grant sick leave to the staff member.
(10) Normal sick
leave conditions, such as the requirement to furnish medical certificates
pertain to sick leave without pay. Sick leave without pay will count as service
for the accrual of paid sick leave and recreation leave otherwise it is treated
similar to LWOP.
23. Special Leave
(1) Special leave
is paid leave, which applies to activities regarded as for Commission purposes
and which are not covered by other forms of leave. Examples of when special
leave may be granted are:
(a) for jury
service, subject to the provision of a certificate of attendance,
(b) where staff
are subpoenaed or called as a witness by the State, Territory or Commonwealth,
(c) some trade
union activities with the prior approval of the Commissioner,
(d) other
instances determined by the Commissioner.
23. A Leave for
Matters Arising from Domestic Violence
(1) The definition of domestic violence is
found in clause 2 of this award.
(2) Leave entitlements provided for, Family and
Community Service Leave, Sick Leave and Sick Leave to Care for a Family Member,
may be used by staff members experiencing domestic violence.
(3) Where the leave entitlements referred to
in subclause 23.2 are exhausted, Department Heads shall grant Special Leave .
(4) The Department Head will need to be
satisfied, on reasonable grounds, that domestic violence has occurred and may
require proof presented in the form of an agreed document issued by the Police
Force, a Court, a Doctor, a Domestic Violence Support Service or Lawyer.(5) Personal information concerning domestic
violence will be kept confidential by the agency.
6) The Department Head, where appropriate,
may facilitate flexible working arrangements subject to operational
requirements, including changes to working times and changes to work location,
telephone number and email address.
24. Study. Time and
Examination Leave
(1) The Commission
encourages staff to undertake further study to enhance their skills and
provides assistance in the form of study time and examination leave for
approved part-time courses of study. An approved course is one that develops or
enhances a staff member's skills and assists them to carry out their duties in
the Commission.
(2) Study Time -
Is available for: attendance at lectures, tutorials, residential schools, field
days etc, where these are held during working hours; necessary travel during
working hours to attend lectures, tutorials etc., held during or outside
working hours; and private study.
(3) 30 minutes
study time is granted for each hour of lecture and/or tutorial attendance, up
to a maximum of four hours per week (inclusive of travel time). The grant is
the same for correspondence courses for which time granted will be calculated
on the basis of the equivalent face-to-face course.
(4) Block periods
of study time may be granted for the research and thesis component of higher
degrees, qualifying studies for admission to higher degrees, or honours studies
on the following basis:
(a) where a course
at any level involves a thesis or major project as well as course work, the
usual study time would be granted for the course work, and ten days study time
for the thesis/major project component;
(b) for qualifying
studies entirely by thesis the grant is 10 days;
(c) for masters
degree studies by research and thesis only, the total grant is:
(i) 25 days for
courses of 2 years minimum duration;
(ii) 35 days for
courses of 3 years minimum duration.
(d) for doctoral studies,
the total grant for the full duration of the course is 45 days.
(5) Examination
Leave - Up to 5 days per year is available for the time actually involved in
attending an examination as well as necessary travelling time during working
hours. It is not available where an examination is conducted within normal
class timetables during the term/semester and study time has already been
granted.
25. Travelling Time
Compensation
(1) Staff, except
Surveillance Operatives, who undertake approved travel to a location other than
the Commission's head office to perform their work, may be compensated for the
travelling time involved if it is additional to their normal travel time to
and/or from head office:
(a) Travel during
bandwidth: is regarded as normal working hours, less normal travelling time.
(b) Travel outside
bandwidth: is paid at the normal hourly rate, less normal travelling time.
(c) Waiting time:
will be paid, less one hour, unless overnight accommodation is involved.
(2) Periods of
travelling time of less than 15 minutes; where sleeping facilities are
provided; and where staff stop travelling for meal breaks, are not eligible for
compensation.
(3) At the
Executive Director’s discretion, a staff member may be compensated for such
time either by:
(a) Payment
calculated at staff's current rate of pay with a maximum rate of the 1st Year
Rate of ICAC Officer Grade 3; or
(b) If it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business. Such time in lieu
must be taken within 1 month of accrual unless otherwise authorised by the
staff member’s manager.
(4) Time in Lieu
is Calculated at the Same Rate as Payment.
26. Overtime
(1) ICAC Officers Grade
1-6 - who are directed to work outside of the Flex Bandwidth shall be paid
overtime at the rate of:
(a) Monday to
Saturday
150% (time and a half) for the first 2 hours and
200% every hour thereafter.
(b) Sunday
200% (double time)
(c) Public Holidays
(i) Monday to
Friday:
250% (double time and a half - includes normal salary
rate) during bandwidth
250% (double time and a half) after bandwidth
(ii) Saturday and
Sunday:
250% (double time and a half)
(2) Overtime is
paid at staff’s current rate of pay up to a maximum rate of Grade 5, Level 5. A
minimum of 3 hours payment will be paid for overtime worked on weekends and
public holidays or when staff are called back to duty. Time in lieu may be
granted instead of payment. Time in lieu is calculated at the same rate as
payment.
(3) A Meal
Allowance may be paid when an expense is actually incurred in obtaining a meal
and staff ceased work for at least 30 minutes before or during the period of overtime
(meal breaks during overtime are not to be counted as overtime). The Meal
Allowances rates are those set from time to time by the Australian Taxation
Office as the reasonable limits for the payment of overtime meal allowances.
(a) Breakfast,
when required to start work at or before 6 am
(b) Lunch, on any
Saturday, Sunday or Public Holiday when required to start before or at 8.30 am
and until 1.30 pm or later; or, at or after 8.30 am and until 2 pm or later
(c) Dinner, when
required to work beyond 7.30 pm.
(4) ICAC Officers
Grade 7-8 - are not entitled to the payment of overtime. However, where, in the
opinion of the staff member's manager, ICAC Officers Grade 7-8 work excessive
additional hours, their manager may approve compensation of not more than 7
hours leave in lieu to be taken within three months of the leave being granted.
(5) Investigations
Staff Overtime Allowance - Investigators, Financial Investigators, Senior
Investigators, Special Investigators (Financial and also Technical), Technical
Operative, Surveillance Operatives and Surveillance Team Leader are paid an
Overtime Allowance in lieu of overtime payments for overtime worked on
weekdays. Overtime will be paid as per this clause for work on weekends and
public holidays (including those which fall on weekdays). The allowance forms
part of overall remuneration and is:
(a) Investigators/Financial
Investigators/Surveillance Operatives 9.1%
(b) Senior
Investigators/Special Financial/Technical Investigators/Surveillance Team
Leader 8.7%
27. Performing Higher
Duties
(1) Where staff
are directed to perform the duties of a higher grade position, in addition to
the experience gained performing those duties, an allowance will be paid in the
circumstances described here.
(2) The allowance
will be calculated by the difference between staff member's current salary and
the nearest salary point of the ICAC Officer Grade of the position being acted
in. Payment of the allowance will be as follows:
(a) 10 working
days or less - No payment
(b) 11 or more
working days - 100% difference for the full period, except if the staff member
does not undertake all the duties and responsibilities of the higher position,
a percentage of the difference is paid as agreed between the staff member and
his/her manager.
28. Allowances and
Loadings
(1) Annual Leave
Loading (ALL)
(a) Each year, in
the first pay period in December, staff will be eligible to be paid an ALL of
17.5% of the monetary value of up to four weeks Annual Leave accrued in the prior
period of 1 December to 30 November. New staff will be paid a pro-rata
allowance based on Annual Leave accrued from their entry on duty to 30
November.
(b) The maximum
rate at which ALL is calculated is the 5th Year rate of ICAC Officer Grade 7.
ALL is not paid on resignation or dismissal but is paid on retirement and
redundancy.
(2) Associate's
Allowance
Staff trained to be Associates will receive the
allowance referred to in Schedule 2 of this Award. The allowance will be paid
fortnightly to Associates for recognition of annual training and being
available to work as an Associate. A daily sitting fee will also be paid for
each day of hearings. The allowance will be increased in line with the salary
increases prescribed in this Award.
(3) Community
Language Allowance
Staff appointed as language aides under the Community
Language Allowance Scheme (CLAS) will be paid the allowance referred to in
Schedule 2 of this Award. An annual review of whether the payment of the
allowance is still applicable will occur on the anniversary of receiving the
allowance. The allowance will be increased in line with the salary increases
prescribed in this Award.
(4) First Aid
Allowance
(a) Staff
appointed as First Aid Officers will be paid the allowances appearing in
Schedule 2 of this Award. These allowances will increase in line with the
salary increases prescribed in this Award. The First Aid Allowance shall not be
paid during extended leave or any other continuous period of leave which
exceeds one week.
(b) When the First
Aid Officer is absent on leave for more than one week and another qualified
staff member is selected to relieve in the First Aid Officer's position, such
staff members shall be paid a pro rata first aid allowance for assuming the
duties of a First Aid Officer.
(5) Incidents
Allowance
A 12.2% Incidents Allowance is payable to Surveillance
Officers and Surveillance Team Leader in compensation for change of shift;
alteration of bandwidth; shift allowance; on-call allowance for days rostered
off; and, on-call allowance for days rostered days on.
(6) Travel
Allowances - Accommodation, Meals and Incidentals
(a) The parties
agree that the arrangements for travel and meal allowances provided in this
clause are to apply to ICAC staff only and do not constitute a precedent for
any other department or agency.
(b) Staff who
undertake approved travel to perform their work are entitled to payment of a
Travel Allowance to cover costs of accommodation, meals and incidentals, where such
expenses are reasonably and necessarily incurred. The Allowance rates are those
set from time to time by the Australian Taxation Office as the reasonable
limits for the payment of these allowances. The Commission, rather than the
staff member, will book and pay for the accommodation in lieu of paying an
allowance to the staff member unless it is not conducive to the conduct of a
particular investigation.
(c) When it is
necessary for a staff member to make his/her own arrangements for
accommodation, where practicable, he/she shall obtain prior approval for such
arrangements and the Commission may elect to pay the provider directly.
Surveillance Operatives are exempt from this rule and would have their own
policy.
(d) Travel
involving an overnight stay when accommodation is provided free of charge, a
daily allowance for incidentals as set by the Australian Taxation Office will
be paid.
(e) For travel
involving no overnight stay no meal allowance will be paid. Surveillance Operatives are excluded from
this clause and have their own policy regarding the payment of meal allowances
for one day journeys. If an exception is made by the Commissioner or his/her
delegate due to operational considerations, then meals only may be paid at the
rate set from time to time by the Australian Taxation Office.
(i) Breakfast,
when required to commence travel at or before 6.00 am
(ii) Lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the
Commission’s office at the time of taking the normal lunch break
(iii) Dinner, when
required to travel after 7.30 pm.
(f) Overseas
Travel will be at the rate specified from time to time by the Australian
Taxation Office as the reasonable limit.
(7) Motor Car
allowances
(a) Where ICAC
motor cars are not available, there is no convenient public transport and a car
is necessary, approval may be given to staff to use their own motor car for
official business. The allowance rates are determined by the Department of
Premier and Cabinet. Current allowances appear in Schedule 2 of this Award.
(b) Where other
transport is available but staff elect and the ICAC authorises, staff may use
their own car. The specified journey rate applies up to the cost of the public
transport alternative.
29. Investigators,
Surveillance Officers and Technical Services Officers
(1) An
investigator, financial investigator, senior investigator, special investigator
(financial), education, training and project officer, special investigator
(technical), surveillance operative, the surveillance team leader and the
technical operative employed by the ICAC at the time of making this award shall
retain all entitlements under the award.
(2) The parties
agree to consider the role and work of investigators, financial investigators,
senior investigators, special investigators (financial) special investigator
(technical), surveillance operatives, the surveillance team leader and
technical operatives and the manner of their remuneration.
30. Secure Employment
Test Case - WHS Obligations
(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 or unit trust,
corporation and/or person) which has as 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 or
unit 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 other employer which might otherwise have been carried out by
that other employer’s own employees.
(2) If the employer
engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises, the employer 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
work health and safety consultative
arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
work 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.
(3) Nothing in
this clause is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the
Workplace Injury Management and Workers Compensation Act 1998.
(4) Disputes
regarding the application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedures of this Award.
(5) This clause
has no application in respect to 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.
31. Grievance and
Dispute Resolution
(1) These
procedures are separate to the ICAC Grievance Policy for matters not related to
this Award.
(2) All grievances
and disputes relating to the provisions of this Award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
department, if required.
(3) A staff member
or persons engaged under clause 30 may notify verbally or in writing their
immediate supervisor, manager, grievance officer or union, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
(4) The immediate
manager shall convene a meeting in order to resolve the grievance, dispute or
difficulty, within two (2) working days, or as soon as practicable, of the
matter being brought to attention.
(5) If the matter
remains unresolved with the immediate manager, the staff member or persons
engaged under clause 30 may request to meet the appropriate person at the next
level of management in order to resolve the matter. This manager shall respond
within two (2) working days, or as soon as practicable. This sequence of
reference to successive levels of management may be pursued by the staff member
until the matter is referred to the Commissioner.
(6) If the matter
remains unresolved, the Commissioner shall provide a written response to the
staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
(7) A staff
member, at any stage, may request to be represented by their union.
(8) The staff
member, or persons engaged under clause 30 or the union on their behalf, or the
Commission may refer the matter to the New South Wales Industrial Relations
Commission or another appropriate external agency if the matter is unresolved
following the use of these procedures.
(9) The staff
member, union, and the Independent Commission Against Corruption shall agree to
be bound by any order or determination by the New South Wales Industrial
Relations Commission in relation to the dispute.
32. Variations to
Award and No Further Claims
(1) This Award may
be varied as provided for in the Award and the provisions of the Industrial
Relations Act 1996.
(2) There will be
no further claims in relation to the issues covered by the Award during its
operation. Subject to the Industrial Relations Act 1996 there shall be no
industrial action relating to issues covered by this Award during its
operation.
33.
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, pregnancy or potential pregnancy, disability,
homosexuality or other sexual orientation, transgender identity, age, carer’s
or family responsibilities.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure prescribed
by this Award the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this Award are not directly or
indirectly discriminatory in their effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the Award that, by its terms or operation, has a direct or
indirect discriminatory effect.
(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.
(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."
34. Salary Packaging
The Commission supports the provision of salary packaging
for non-SES staff. The range of items and the terms of salary packaging is in
accordance with the Department of Premier and Cabinet’s Guidelines and are set out in the ICAC Salary Sacrificing Info
page located on the ICAC’s Intranet.
35. Area, Incidence
and Duration
(a) This Award
applies to all employees permanently, casually or temporarily employed under
the ICAC Act. The Award does not apply
to the ICAC Executive.
(b) This Award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Independent Commission Against Corruption Award
published 3 July 2015 (377 I.G. 987), as varied.
(c) 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 28 January 2016.
(d) This Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
SCHEDULE
1 - ICAC OFFICER CLASSIFICATION SALARY RATES
ICAC GRADE
|
FFPP 1.7.15
|
|
$
|
1A
|
50390
|
|
51498
|
|
53273
|
|
54609
|
|
55939
|
1B
|
56829
|
|
58377
|
|
60154
|
|
61709
|
|
63265
|
1C
|
63041
|
|
64594
|
|
66370
|
|
67923
|
|
70142
|
2
|
71477
|
|
73031
|
|
75028
|
|
77467
|
|
79248
|
3
|
81465
|
|
83684
|
|
85461
|
|
88123
|
|
90344
|
4
|
92342
|
|
94562
|
|
97451
|
|
100112
|
|
102780
|
5
|
104769
|
|
107212
|
|
110322
|
|
113873
|
|
116538
|
6
|
117203
|
|
120752
|
|
123201
|
|
126305
|
|
130304
|
7
|
128527
|
|
130521
|
|
132743
|
|
134740
|
|
139845
|
8
|
136962
|
|
140734
|
|
144285
|
|
147835
|
|
151606
|
SCHEDULE 2 - ALLOWANCE RATES
(1) Associate’s Allowance, Community
Language Allowance Scheme and First Aid Allowance
Allowance
|
FFP 1.7.15
|
|
$
|
Associate’s Allowance
subclause 28(2)
|
|
|
|
- Total allowance
payable in 12 month
|
|
financial period not
to exceed
|
6,036 pa
|
|
|
- 50% allowance
payable to approved
|
|
staff members on
basis of training
|
|
and availability
|
3,018 pa
|
|
|
- Daily Rate
|
75.45 pa
|
Community Language
Allowance
|
|
Scheme subclause 28(3)
|
1,312 pa
|
|
|
Alarm Allowance
|
4,111 pa
|
First Aid Allowance
(Senior)
|
1,269 pa
|
First Aid Officer
Allowance subclause 28(4)
|
845 pa
|
(2) Overtime Meal
Allowances - subclause 26(3)
Allowances will equal the ATO reasonable limits as set from
time to time and as adopted by the ICAC.
(3) Travel
Allowances - subclause 28(6)
(a) Involving an
overnight stay
Allowances will equal the ATO reasonable limits as set
from time to time and as adopted by the ICAC.
(b) Travel of at least
100 kms from head office and involving no overnight stay and approved for
reasons relating to operational necessity.
Meals only may be paid at the rate set by the ATO from
time to time and as adopted by the ICAC, provided that if there is no set rate,
then payment of actuals as per the current policy will be made.
(4) Motor Car
Allowances - subclause 28(7)
(a) Official
business rate set in line with ATO rates and in future, will vary in line with
ATO rates.
(b) Specified
journey rate will be 40% of official business rate.
(5) Casual
Employees: Persons employed on a casual
basis will receive:
(a) Loadings of
(i) 15% for
Mondays to Fridays
(ii) 50% for
Saturdays
(iii) 75% for
Sundays
(iv) 150% for Public
Holidays
(b) An additional
payment of 1/12th in lieu of annual leave
(c) Minimum period
of engagement of 3 hours
(d) Maximum period
of engagement of 9 hours (excluding meal breaks) without the payment of
overtime
(e) Overtime is paid
at the overtime rates set out in clause 26 and based on the ordinary hourly
rate plus 15% loading.
SCHEDULE 3 -
CASUAL EMPLOYEES’ ENTITLEMENTS
(1) Casual
employees are entitled to unpaid parental leave under Chapter 2, Part 4,
Division 1, section 54, Entitlement to Unpaid Parental Leave, in accordance
with the Industrial Relations Act 1996. The following provisions shall also
apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
(a) The Commission
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(i) the employee
or employee's spouse is pregnant; or
(ii) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(2) Personal
Carers entitlement for casual employees
(a) Casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a family member described in (3) below who is sick and
requires care and support, or who requires care due to an unexpected emergency,
or the birth of a child. This entitlement is subject to the evidentiary
requirements set out below in (d), and the notice requirements set out in (e).
(b) The
Commissioner and the casual employee shall agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
(c) The
Commissioner must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of an
employer to engage or not to engage a casual employee are otherwise not
affected.
(d) The casual
employee shall, if required,
(i) 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, or
(ii) establish by
production of documentation acceptable to the
employer or a statutory declaration, the nature of the emergency and that
such emergency resulted in the person concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
(e) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
(3) A family
member for the purposes of (2) (a) above is:
(a) a spouse of
the staff member; or
(b) a defacto
spouse being a person of the opposite sex to the staff member who lives with
the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; 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 or legal guardian),
grandparent, grandchild or sibling of the staff member or of the spouse or of
defacto spouse of the staff member; or
(d) a same sex
partner who lives with the staff member as the defacto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member 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.
(4) Bereavement
entitlements for casual employees
(a) Casual
employees are entitled to not be available to attend work, or to leave work
upon the death in Australia of a family member on production of satisfactory
evidence (if required by the employer).
(b) The
Commissioner and the casual employee shall agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
(c) The
Commissioner must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of an employer
to engage or not engage a casual employee are otherwise not affected.
(d) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.