Crown Employees (Independent Pricing and Regulatory Tribunal 2006) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Independent Pricing and Regulatory Tribunal of New South Wales.

 

(No. IRC 3136 of 2005)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Title

3.         Definitions

4.         Consultative Arrangements

5.         Parties

6.         Work Environment

7.         Salaries

8.         Salaries - Restrictions within Levels

9.         Appointment and Promotion

10.       Salary Progression

11.       Salary Sacrifice and Packaging

12.       Hours of Work - Staff, Levels 1 to 4 and IPART Officer A to G

13.       Hours of Work - Staff, Level 5 and IPART Officer H and I

14.       Overtime

15.       Allowances

16.       Training and Development

17.       Reimbursement of Fees

18.       Recreation Leave

19.       Sick Leave

20.       Family and Community Service Leave

21.       Salary Trade Off for Additional Leave

22.       Leave Without Pay

23.       Extended Leave

24.       Military Leave

25.       Parental Leave

26.       Religious Or Cultural Observations

27.       Special Leave

28.       Study Leave

29.       Study Time

30.       Annual Leave Loading

31.       Public Holidays

32.       Part-Time Work

33.       Work from Home

34.       Part-Time Leave Without Pay

35.       Part-Year Employment

36.       Job Sharing

37.       Discipline Procedures and Termination of Employment

38.       Grievance and Dispute Settling Procedures

39.       Managing Displaced Staff

40.       Trade Union Activities

41.       Deduction of Association Membership Fees

42.       Secure Employment - Casual Conversion

43.       Secure Employment - Occupational Health & Safety

44.       Anti-Discrimination

45.       No Extra Claims

46.       Savings of Rights

47.       Relationship to Other Awards

48.       Area, Incidence and Duration

49.       Table 1 - Salaries (Staff appointed prior to making of award)

50.       Table 2 - Salaries (Staff appointed after making of the award)

 

2.  Title

 

This award shall be known as the Crown Employees (Independent Pricing and Regulatory Tribunal 2006) Award.

 

3.  Definitions

 

"Act" means the Independent Pricing and Regulatory Tribunal Act 1992.

 

"At the convenience of" means the operational requirements to permit the staff member’s release from duty or that satisfactory arrangements can be made for the performance of the staff member’s duties during the absence.

 

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

 

"Chief Executive Officer" means the Chief Executive Officer of the Independent Pricing and Regulatory Tribunal who has been delegated particular power(s) under the Act.

 

"Contract Executive" is a person employed in a position by the Tribunal under section 8 (2) of the Act whose terms and conditions of employment are governed by an employment contract.

 

"Contractor/Consultant" is a person or company engaged by the Tribunal under section 9 (4) of the Act to assist it in the exercise of its functions.

 

"JCC" means the IPART Joint Consultative Committee established by this award and its predecessors.

 

"Memorandum of Understanding" means the document signed between IPART and the Association that reflects the agreements made during the negotiations for this award.  This document contains the conditions for staff who elect to transfer to the new Table 2 salaries in this award.

 

"Nominee" means a person who has been delegated particular power(s) of the Chief Executive Officer.

 

"Normal work" means the method of carrying out work functions that were established practice prior to the onset of a dispute or grievance, in terms of the Grievance and Dispute Settling Procedures clause in this Award.

 

"Position" means a position, either full time or part time, at the Tribunal.

 

"Salary Rates" means the ordinary time rate of pay for the Staff member’s grading excluding allowances and penalties not regarded as salary.

 

"Service" means continuous period of employment for salary purposes.

 

"Staff" means and includes all persons who are permanently or temporarily employed under section 8(2) of the Independent Pricing and Regulatory Tribunal Act 1992, excluding contract executives.

 

"Supervisor" means the immediate supervisor of the area in which a staff member is employed or any other staff member authorised by the Chief Executive Officer to fulfil the role of a supervisor, other than a person employed as a consultant or contractor.

 

"Tribunal" means the Independent Pricing and Regulatory Tribunal.

 

"Workplace" means the whole organisation or, as the case may be, a branch or section of the organisation that staff are employed in.

 

4.  Consultative Arrangements

 

(i)         The parties to this award shall through the established Joint Consultative Committee (JCC) encourage and facilitate workplace reform and equitable, innovative and productive workplace relations.

 

5.  Parties

 

(i)         The parties to this award are IPART and the Association.

 

6.  Work Environment

 

(i)         Occupational Health and Safety

 

Through the JCC, the parties to this award shall develop appropriate strategies to achieve and maintain an accident free and healthy workplace in accordance with the Occupational Health and Safety Act 2000 and Regulations.

 

(ii)        Equity in Employment

 

Through the JCC, the parties to this award shall review existing and new work practices and policies to achieve and maintain employment equity.

 

(iii)       Harassment-Free Workplace

 

The parties to this award shall refrain from, and not be party to, any form of harassment in the workplace.

 

7.  Salaries

 

(i)         The salary ranges prescribed by this award are as set out in Table 1 and Table 2 - Salaries, of Part B, Monetary Rates.

 

(a)        Table 1 - Salaries only applies to staff permanently appointed to positions on that Salary Table as at the date of the commencement of this award.

 

(b)        Table 2 - Salaries applies to new staff permanently appointed after the date of the commencement of this award, or current staff who elect to transfer or are promoted to positions on the Salary Table.

 

(ii)        Subject to the provisions of the Salary Progression clause in this Award, and the subclause dealing with staff employed by the Tribunal in specified positions prior to June 30 1996, staff covered by this award shall have access to annual incremental progression to all of the salary points within the levels as set out in the said Table 1 and Table 2 as applicable.

 

(iii)       The award shall in both Table 1 and Table 2 provide salary increases as follows:

 

(a)        4% from the first full pay period on or after 1 July 2005;

 

(b)        4% from the first full pay period on or after 1 July 2006;

 

(c)        4% from the first full pay period on or after 1 July 2007.

 

8.  Salaries - Restrictions Within Levels

 

This clause applies to those staff who elect to remain on the salaries as set out in Table 1.

 

(i)         The maximum salary points available for annual incremental progression for the following administrative positions are:

 

 

(ii)        The provisions restricting progression for administrative positions shall not apply to staff employed by the Tribunal in any of the positions referred to in the restrictive provisions subclause prior to June 30, 1996.

 

(iii)       The maximum salary payable for administrative positions may be set and/or reviewed by the Chief Executive Officer at any point, having regard to work value and maximum salaries payable for similar work done outside the Tribunal.

 

9.  Appointment and Promotion

 

(i)         The Chief Executive Officer or nominee may appoint or promote a person to any salary that is within the salary range.

 

(ii)        In determining commencing salary regard shall be given to:

 

(a)        The person's skills, experience and qualifications;

 

(b)        The rate required to attract the person; and

 

(c)        The remuneration of existing staff performing similar work.

 

(iii)       On appointment or promotion, a staff member shall be advised of his/her commencing salary rate and of any salary increments to which he/she may have access.

 

(iv)       New staff appointed to positions at the Tribunal shall be in the first instance appointed on a probationary basis for a period up to 6 months.

 

(v)        The probation period may be varied or waived at the discretion of the Chief Executive Officer or nominee.

 

10.  Salary Progression

 

(i)         Performance Enhancement System

 

(a)        Formal appraisal under the Tribunal’s Performance Enhancement System (PES) shall be used to assess incremental progression to the next salary point within each level.

 

(b)        The salary and performance of each staff member shall normally be reviewed annually on the anniversary of the appointment to their current position.

 

(c)        In special circumstances, additional formal appraisals may be completed within the annual cycle.

 

(ii)        Accelerated Progression

 

A staff member who performs exceptionally (as determined by PES appraisals) may be recommended to the Chief Executive Officer for accelerated progression through the salary points within the Levels as set out in Table 1 and Table 2 - Salaries, of Part B, Monetary Rates.

 

11.  Salary Sacrifice and Packaging

 

The Chief Executive Officer may enter into agreements with staff for salary sacrifice for superannuation and/or other agreed benefits within NSW Government Policy.

 

Salary Sacrifice to Superannuation

 

(i)         An employee may elect, subject to the agreement of the Tribunal, to sacrifice a portion of the salary payable under Clause 7 to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate.  The amount sacrificed must not exceed fifty (50) percent of the salary payable under Clause 7 or fifty (50) percent of the current applicable superannuable salary, whichever is the lesser. In this clause "superannuable salary" means the employee’s salary as notified from time to time, to the NSW public sector superannuation trustee corporations.

 

(ii)        Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:

 

(a)        subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion, and

 

(b)        any allowance, penalty rate, payment for unused entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this award or any applicable award, Act or statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under Clause 7 of this award in the absence of any salary sacrifice to superannuation made under this award.

 

(iii)       The employee may elect to have the portion of payable salary which is sacrificed to additional employer superannuation contributions:

 

(a)        Paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions, or

 

(b)        Subject to the Tribunal’s agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions.

 

(iv)       Where an employee elects to salary sacrifice in terms of subclause (iii) above, the Tribunal will pay the sacrificed amount into the relevant superannuation fund.

 

(v)        Where the employee is a member of a superannuation scheme established under:

 

(a)        The Police Regulation (Superannuation) Act 1906;

 

(b)        The Superannuation Act 1916;

 

(c)        The State Authorities (Superannuation) Act 1987;

 

(d)        The State Authorities Non-contributory Superannuation Act 1987; or

 

(e)        The First State Superannuation Act 1992.

 

The Tribunal must ensure that the amount of any additional employer superannuation contributions specified in subclause (i) above is included in the employee’s superannuable salary which is notified to the NSW public sector superannuation trustee corporations.

 

(vi)       Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with the Tribunal to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause (v) above, the Tribunal will continue to base contributions to that fund on the salary payable under subclause (iv) to the same extent as applied before the employee sacrificed portion of that salary to superannuation. This clause applies even though the superannuation contributions made by the Tribunal may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

 

12.  Hours of Work - Staff, Levels 1 to 4 and IPART Officer A to G

 

(i)         The business hours of the Tribunal are from 8.30 a.m. to 5.00 p.m., Monday to Friday.

 

(ii)        Standard hours are 35 hours per week between 9.00 a.m. and 5.00 p.m., Monday to Friday.

 

(iii)       The ordinary hours of work are 35 hours per week averaged over a 12 week period.

 

(iv)       The Tribunal may require a staff member to perform duty beyond the hours determined under this clause but only if it is reasonable for the staff member to be required to do so. A staff member may refuse to work additional hours in circumstances where the working of such hours would result in the staff member working unreasonable hours. In determining what is unreasonable the following factors shall be taken into account:

 

(a)        the staff member’s prior commitments outside the workplace, particularly the staff member’s family and carer responsibilities, community obligations or study arrangements;

 

(b)        any risk to staff member health and safety;

 

(c)        the urgency of the work required to be performed during additional hours, the impact on the operational commitments of the organisation and the effect on client services;

 

(d)        the notice (if any) given by the Tribunal regarding the working of the additional hours, and by the staff member of their intention to refuse the working of additional hours or;

 

(e)        any other relevant matter.

 

13.  Hours of Work - Staff, Level 5 and IPART Officer H and I

 

(i)         The ordinary hours of work are 35 hours per week averaged over a 12 week period.

 

(ii)        Level 5 and IPART Officer H and I staff shall not normally work more than ten hours in one day.

 

(iii)       If a Level 5 or IPART Officer H and I staff member works for an extended period they may take an appropriate period of time off with the Supervisor's prior approval.

 

14.  Overtime

 

(i)         The overtime provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply, however:

 

(a)        Staff directed to work overtime, up to and including Level 4 and up to and including IPART Officer G, shall be paid overtime at their current salary, or salary and allowance in the nature of salary.

 

(b)        Such overtime shall be approved in advance by the Chief Executive Officer or nominee.

 

(c)        The payment of overtime shall not apply to Level 5 or IPART Officer H and I staff.

 

15.  Allowances

 

(i)         Meal Allowances

 

The meal allowances provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award  as varied, shall apply.

 

(ii)        Higher Duties Allowance

 

Staff directed to perform the duties of a higher position for at least five (5) consecutive working days shall be paid an allowance. The Chief Executive Officer or nominee shall determine the amount of the allowance.

 

(iii)       Travel Allowances - Conditions

 

(a)        The travel allowances provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply.

 

(b)        The applicable sections cover: Travelling Compensation, Excess Travelling Time, Waiting Time, Payment, Meal Allowances, Accommodation, etc. Allowances (Non Government Accommodation), Accommodation, etc. Allowances (Government Accommodation), Adjustment of Allowances, Production of Receipts, Travel Allowances - Monetary Rates.

 

(iv)       First Aid Allowance

 

(a)        The first aid allowance provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply.

 

(b)        Adequate first aid outfits shall be provided, maintained and placed under the control of nominated staff possessing first aid qualifications.

 

(v)        Recruitment and Retention Allowance

 

(a)        The Chief Executive Officer may pay a recruitment and retention allowance to eligible Level 5 or IPART Officer H and I staff.

 

(1)        The allowance plus salary shall not exceed the maximum of the equivalent salary of a Grade 3 Year 2 Senior Officer as set out in the Crown Employees (Senior Officers Salaries) Award as varied and subject to the operation of subparagraph (a) (2) below.

 

(2)        Where it is deemed appropriate, the Chief Executive Officer shall consult to the point of agreement with the Director-General, Premier’s Department, before approving payment of a higher allowance than that prescribed in subparagraph (a) (1) above.

 

(b)        The Chief Executive Officer may pay a recruitment and retention allowance to eligible Level 4 staff or IPART Officer G.

 

(1)        The allowance plus salary shall not exceed the maximum of the equivalent salary of IPART Office H Year 1 as set out in Table 2 Salaries of this award as varied.

 

16.  Training and Development

 

The provisions relating to staff development and training activities as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply.

 

17.  Reimbursement of Fees

 

Staff undertaking approved part-time study or training shall be eligible for reimbursement of all or part of the fees (including HECS) and/or other compulsory charges.

 

18.  Recreation Leave

 

The recreation leave provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply.

 

19.  Sick Leave

 

The sick leave provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply.  Further:

 

(i)         Staff absent from duty because of illness or incapacity shall, where possible, report the absence not later than one hour after their normal commencing time.

 

(ii)        In exceptional circumstances and on a case by case basis, the Chief Executive Officer or nominee, may grant staff paid special sick leave or allow the leave to be taken on a half pay basis, including leave to be taken on half pay during extended periods of absence.

 

20.  Family and Community Service Leave

 

The Family and Community Service Leave provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply.  The personal carer’s leave provisions are contained in this clause and also in the Sick Leave clause of this award.

 

21.  Salary Trade Off for Additional Leave

 

The Chief Executive Officer or nominee may approve an application by a staff member for the salary trade-off for additional leave in accordance with the Tribunal’s policy.

 

22.  Leave Without Pay

 

The leave without pay provisions as set in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply.

 

23.  Extended Leave

 

The extended leave provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply.

 

24.  Military Leave

 

The military leave provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply.

 

25.  Parental Leave

 

Parental leave provisions include Maternity leave and Adoption Leave.  The parental leave provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply.

 

26.  Religious Or Cultural Observations

 

The observance of essential religious or cultural obligations shall be in accordance with provisions in the Crown Employees (Public Service Conditions of Employment) Award as varied.

 

27.  Special Leave

 

(i)         Special leave is paid leave which applies to activities not regarded as being on duty and which are not covered by other forms of leave. The Chief Executive Officer or nominee may grant special leave in accordance with the provisions in the Crown Employees (Public Service Conditions of Employment) Award as varied, in the following situations:

 

(a)        Jury service.

 

(b)        Witness at court - official capacity.

 

(c)        Witness at court - other than in official capacity - Crown witness.

 

(d)        Called as a witness in a private capacity.

 

(e)        Examinations.

 

(f)         Association activities.

 

(g)        Return home when temporarily living away from home.

 

(h)        Return home when transferred to new location.

 

(ii)        In addition to the provisions in the Crown Employees (Public Service Conditions of Employment) Award as varied, special leave may be granted for the following situations:

 

(a)        Volunteers of recognised organisations (five days in any period of 12 months).

 

(b)        First aid training and retraining.

 

(c)        Attend retirement preparation seminars (two days).

 

(d)        Meetings for financial members of professional or learned societies (up to five days).

 

(e)        Competitors or officials at the Commonwealth or Olympic/Paralympic Games (up to four weeks).

 

(iii)       Any other circumstance applied for by staff as special leave, that is not covered by this clause may be granted by the Chief Executive Officer or nominee on a case by case basis.

 

28.  Study Leave

 

(i)         Study leave for full-time may be granted to assist staff who win scholarships/fellowships/awards or who wish to undertake full-time study and/or study tours.

 

(ii)        Study leave may be granted for studies at any level, including undergraduate study.

 

(iii)       The grant for study leave is entirely at the discretion of the Chief Executive Officer or nominee and is dependent on the availability of Tribunal funds and the relevance and value of the studies to the Tribunal.

 

29.  Study Time

 

Study time is available to develop the skills and versatility of staff and may be granted at the discretion of Chief Executive Officer or nominee.

 

30.  Annual Leave Loading

 

The annual leave loading provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply, however, no restrictions on salary paid to staff shall apply.

 

31.  Public Holidays

 

The public holidays provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, shall apply.

 

32.  Part Time Work

 

Staff engaged on a part-time basis shall be granted leave and other entitlements on a pro-rata basis in accordance with the requirements of the Industrial Relations Act 1996.

 

33.  Work from Home

 

(i)         The Chief Executive Officer or nominee may approve applications by staff to work from home on a temporary, fixed term, or regular basis.

 

(ii)        Approval may be granted where a family member requires care or where a project or report requires urgent completion that would be assisted by working from home.

 

(iii)       Generally, working from home shall be granted where the Chief Executive Officer or nominee and staff are in agreement that:

 

(a)        appropriate work is available that can be done at home efficiently without supervision and without liaison with other staff;

 

(b)        the absence does not adversely affect the performance of the work group or the provision of necessary support services to others;

 

(c)        the home environment or circumstances will not prevent staff from completing an amount of work equivalent to what would normally be completed in the office environment; and

 

(d)        staff are available for telephone consultation and where possible available to return to the office at short notice.

 

(iv)       All work from home approvals shall ensure adequate consideration of, and compliance with occupational health and safety, confidentiality and security provisions.

 

(v)        Where appropriate, facilities and equipment shall be provided to enable staff to work at home.

 

34.  Part Time Leave Without Pay

 

The Chief Executive Officer or nominee may approve part time leave without pay (LWOP) for full-time staff for a limited period of time.

 

35.  Part Year Employment

 

(i)         The Chief Executive Officer or nominee may grant staff part-year employment by approving a number of weeks unpaid leave per year under current LWOP provisions.

 

(ii)        This allows staff to work an agreed number of weeks per year, with an agreed number of weeks unpaid leave and annual leave on a pro-rata basis.

 

36.  Job Sharing

 

(i)         The Chief Executive Officer or nominee may approve implementation of job-sharing arrangements.

 

(ii)        Job sharing is a voluntary arrangement in which one job is shared amongst staff working on a part-time basis.

 

(iii)       Job sharers may be employed on a part-time basis or may be full-time staff on part-time leave without pay.

 

37.  Discipline Procedures and Termination of Employment

 

(i)         The Tribunal shall give two weeks notice or payment in lieu of notice to staff prior to termination of employment.

 

(ii)        In cases of serious or wilful misconduct the Chief Executive Officer or nominee may waive notice and no payment in lieu shall be due to staff.

 

38.  Grievance and Dispute Settling Procedures

 

(i)         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, if required.

 

(ii)        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.

 

(iii)       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.

 

(iv)       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.

 

(v)        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 (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 Chief Executive Officer.

 

(vi)       The Chief Executive Officer or the Association may refer the matter to mediation.

 

(vii)      If the matter remains unresolved, the Chief Executive Officer 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.

 

(viii)     A staff member, at any stage, may request to be represented by their Association.

 

(ix)       The staff member or the Association on their behalf or the Chief Executive Officer may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

(x)        The staff member, the Association and Tribunal shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

(xi)       Whilst the procedures outlined in subclauses (i) to (x) 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. In a 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.

 

39.  Managing Displaced Staff

 

Where changes result in staff becoming displaced, the arrangements for managing such staff shall be in accordance with the NSW Government public sector "Managing Displaced Employees" policy and based on professional management practice, systematic restructuring process as well as merit and equity principles.

 

40.  Trade Union Activities

 

The provisions for trade union activities as set out in the Crown Employees (Public Service Conditions of Employment) Award as varied, including consultation and technological change and union deductions, shall apply.

 

41.  Deduction of Association Membership Fees

 

(i)         The Association shall provide the Tribunal with a schedule setting out Association fortnightly membership fees payable by members of the Association in accordance with the Association's rules.

 

(ii)        The Association shall advise the Tribunal of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of Association fortnightly membership fees payable shall be provided to the Tribunal at least one month in advance of the variation taking effect.

 

(iii)       Subject to (i) and (ii) above, the Tribunal shall deduct Association fortnightly membership fees from the pay of any employee who is a member of the Association in accordance with the Association's rules, provided that the employee has authorised the Tribunal to make such deductions.

 

(iv)       Monies so deducted from employee's pay shall be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to employees' Association membership accounts.

 

(v)        Unless other arrangements are agreed to by the Tribunal and the Association, all Association membership fees shall be deducted on a fortnightly basis.

 

(vi)       Where an employee has already authorised the deduction of Association membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

42.  Secure Employment - Casual Conversion

 

(i)         The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

(ii)        Casual Conversion

 

(a)        A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this clause.

 

(b)        Every employer of such a casual employee shall give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this clause if the employer fails to comply with this notice requirement.

 

(c)        Any casual employee who has a right to elect under paragraph (ii)(a), upon receiving notice under paragraph (ii)(b) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(d)        Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

(e)        Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

(f)         If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (ii)(c), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (ii)(c), discuss and agree upon:

 

(1)        whether the employee will convert to full-time or part-time employment; and

 

(2)        if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

(g)        Following an agreement being reached pursuant to paragraph (ii)(f), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(h)        An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this clause.

 

43.  Secure Employment - Occupational Health & Safety

 

(i)         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.

 

(ii)        Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(a)        consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

(b)        provide employees of the labour hire business and/or contract business with appropriate occupational 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.

 

(iii)       Nothing in this clause is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(iv)       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 procedure of this award.

 

(v)        This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

44.  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.

 

(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."

 

45.  No Extra Claims

 

(i)         This award provides pay increases of 4% with effect from the first pay period to commence on or after 1 July 2005, a further increase of 4% with effect from the first pay period to commence on or after 1 July 2006; a further increase of 4% with effect from the first pay period to commence on or after 1 July 2007.

 

(ii)        These increases arise from the agreement of the parties contained in the Memorandum of Understanding between the IPART and the Association entered into in June 2006.

 

(iii)       The pay increases under this award are provided on the basis that there shall be no further claims for changes to salaries, rates of pay or allowances during the term of the June 2006 Memorandum of Understanding, between IPART and the Association.

 

46.  Savings of Rights

 

No staff member covered by this award shall suffer a reduction in the rate of pay or any loss or diminution of any conditions of employment as a consequence of the making of this award.

 

47.  Relationship to Other Awards

 

(i)         This award shall be varied to give effect to any salary increase or other benefits received by the public service as a result of a variation to the Crown Employees (Public Sector - Salaries 2004) Award or an award replacing it.

 

(ii)        This award shall be promptly reviewed in light of any variation to the Crown Employees (Public Service Conditions of Employment) Award, or an award replacing it, in so far as it may affect clauses referred to in that award by this award.

 

(iii)       Where there may be inconsistencies between this award and the Crown Employees (Public Service Conditions of Employment) Award as varied, the arrangements in this award shall prevail.

 

48.  Area, Incidence and Duration

 

(i)         This award rescinds and replaces the Crown Employees (Independent Pricing and Regulatory Tribunal 2004) Award published 18 February 2005 (348 I.G. 573) and all variations thereof.

 

(ii)        The award shall come into effect from 1 July 2005 and remain in force until 30 June 2008 unless otherwise varied or rescinded.

 

PART B

 

MONETARY RATES

 

49.  Table 1 - Salaries (Staff Appointed Prior to Making of Award)

 

 

50.  Table 2 - Salaries (Staff Appointed After Making of the Award)

 

 

 

 

J. P. MURPHY, Commissioner

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.