CROWN EMPLOYEES (RESEARCH
SCIENTISTS 2004) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1818 of 2004)
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Before The Honourable
Mr Deputy President Harrison
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22 June 2004
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REVIEWED AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Adjustment
of Salaries
5. Increments
and Progression
6. Calculation
of Service
7. Anti-Discrimination
8. Grievance
and Dispute Settling Procedures
9. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of
Pay
1. Title
This award shall be known as the Crown Employees (Research
Scientists 2004) Award.
2. Definitions
"Employee" means all persons permanently or
temporarily employed under the provisions of the Public Sector Employment
and Management Act 2002, who are appointed to the classification of
Research Scientist, Senior Research Scientist or Principal Research Scientist
under this award.
"Service" means continuous service. Future appointees will be deemed to have the
years of service indicated by the salaries at which they are appointed.
"Department" means a department of the Public
Service specified in Column 1 of Schedule 1 of the Public Sector Employment
and Management Act 2002.
"Department Head" means a Department Head
specified in Column 2 of Schedule 1 of the Public Sector Employment and
Management Act 2002.
"Director General, Premier’s Department" means the
Director General, Premier’s Department or nominee exercising the office of
Commissioner for Public Employment under the Public Sector Employment and
Management Act 2002.
"Research Scientist Classification Committee"
means the Committee convened by the Director General, Premier’s Department, to
make recommendations regarding the entry to, continuation, progression and
regression in, and cessation from the classification of Research Scientist,
Senior Research Scientist or Principal Research Scientist.
"Public Employment Office" means the employer for
industrial purposes under the Public Sector Employment and Management Act
2002.
"Association" means the Public Service Association
and Professional Officers' Association Amalgamated Union of New South Wales
3. Salaries
(a) The salary
rates for the classifications of Research Scientist, Senior Research Scientist
and Principal Research Scientist are set out in Table 1 of Part B, Monetary
Rates, of this award.
(b) Appointment to
the classifications under this award is determined by the Director General,
Premier’s Department.
(c) An employee
temporarily employed under the provisions of the Public Sector Employment
and Management Act 2002 is paid the weekly equivalent of the annual salary
prescribed in Table 1 - Salaries.
4. Adjustment of
Salaries
The salaries of employees covered by this award are adjusted
to the appropriate rate prescribed by this award on the basis of years of
service. Employees are deemed to have
the years of service indicated by the salary received under the scale in force
immediately prior to the operative date of this award.
5. Increments and
Progression
(a) In accordance
with clause 16, Increments of Part 3, Conditions of Service of the Public
Sector Management (General) Regulation 1996, the payment of an increment is
subject to the satisfactory conduct of, and the satisfactory performance of
duties by, the employee as determined by the appropriate Department Head.
(b) Progression
beyond an efficiency barrier and to Senior Research Scientist and to Principal
Research Scientist is determined by the Director General, Premier’s Department.
6. Calculation of
Service
In calculating years of service for the purpose of this
award the following periods are not taken into account:
(a) Any period in
respect of which an increment is refused in accordance with clause 16,
Increments, of Part 3, Conditions of Service of the Public Sector Management
(General) Regulation 1996;
(b) Any leave of
absence without pay exceeding five days in any incremental year;
(c) Any period
necessary to give full effect to a reduction in salary imposed under sections
75 and 76 of Part 5, Discipline and conduct of officers of the Public Service,
of the Public Sector Employment and Management Act 2002.
7.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti‑discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
8. Grievance and
Dispute Settling Procedures
(a) All grievances
and disputes relating to the provisions of this Award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
Department, if required.
(b) A staff member
is required to notify in writing their immediate manager as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter
and, if possible, state the remedy sought.
(c) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the staff member to advise their
immediate manager, the notification may occur to the next appropriate level of
management, including, where required, to the Department Head or Delegate.
(d) The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two working days, or as
soon as practicable, of the matter being brought to attention.
(e) If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond
within two working days, or as soon as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Department
Head.
(f) The
Department Head may refer the matter to the PEO for consideration.
(g) If the matter
remains unresolved, the Department Head 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.
(h) A staff member,
at any stage, may request to be represented by the Association.
(i) The staff
member or the Association on their behalf, or the Department Head may refer the
matter to the Industrial Relations Commission of New South Wales if the matter
is unresolved following the use of these procedures.
(j) The staff
member, Association, Department and PEO shall agree to be bound by any order or
determination by the Industrial Relations Commission of New South Wales in
relation to the dispute.
(k) Whilst the
procedures outlined in subclauses (a) to (k) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public.
9. Area, Incidence
and Duration
This award applies to employees defined in clause 3,
Definitions.
Employees are entitled to the conditions of employment
provided by this award and by the Public Sector Employment and Management
Act 2002, the Public Sector Management (General) Regulation 1996. The provisions of the Crown Employees
(Public Service Conditions of Employment 2002) Award and Crown Employees
(Public Sector - Salaries January, 2002) Award or any replacement award, also
apply to employees covered by this award, except where specifically varied by
this award.
The salary rates in Table 1 - Salaries, of Part B, Monetary
Rates, are set in accordance with the Crown Employees (Public Sector - Salaries
January, 2002) Award and any variation or replacement award.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Research Scientists 2001) Award published 14 September 2001 (327 IG
921) and all variations thereof.
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 IG 359) take
effect on and from 22 June 2004.
The award remains in force until varied or rescinded, the
period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
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1.1.02
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1.1.03
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1.7.03
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Classification
& Grades
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Per annum
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Per annum
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Per annum
|
|
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$
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$
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$
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Research Scientist -
|
|
|
|
|
|
|
|
|
|
1st year of service
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53,269
|
55,400
|
58,170
|
|
2nd year of service
|
56,006
|
58,246
|
61,158
|
|
3rd year of service
|
58,951
|
61,309
|
64,374
|
|
4th year of service
|
61,392
|
63,848
|
67,040
|
|
|
|
|
|
|
Efficiency Barrier
|
|
|
|
|
|
|
|
|
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5th year of service
|
64,379
|
66,954
|
70,302
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|
6th year of service
|
66,990
|
69,670
|
73,154
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|
7th year of service
|
69,638
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72,424
|
76,045
|
|
|
|
|
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Senior Research Scientist -
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|
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|
|
|
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1st year of service
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70,999
|
73,839
|
77,531
|
|
2nd year of service
|
73,126
|
76,051
|
79,854
|
|
3rd year of service
|
75,377
|
78,392
|
82,312
|
|
|
|
|
|
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Efficiency Barrier
|
|
|
|
|
|
|
|
|
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4th year of service
|
77,707
|
80,815
|
84,856
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5th year of service
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80,249
|
83,459
|
87,632
|
|
|
|
|
|
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Principal Research Scientist -
|
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|
|
|
|
|
|
|
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1st year of service
|
82,914
|
86,231
|
90,543
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|
2nd year of service
|
84,810
|
88,203
|
92,613
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3rd year of service
|
86,964
|
90,442
|
94,965
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R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.