Crown
Employees (Jenolan Caves Reserve Trust Division) Salaries Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1685 of 2007)
|
Before Commissioner
Ritchie
|
25 March 2008
|
REVIEWED
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title of
Award
3. Definitions
4. Parties
5. Intentions
6. Salaries
7. Loadings
8. Allowances
9. Hours
10. Rosters -
Visitor Services Staff
11. Shift Work
- Visitor Services Staff
12. Rest
Breaks
13. Temporary
Employees
14. Casual
Employment
14A. School Based
Apprentices
15. Overtime
16. Appointments
17. Consultation
18. Grievance
Procedures
19. Anti
Discrimination
20. Association
Subscriptions
21. Savings
22. Area, Incidence and Duration
Schedule A - Base Salary Levels
Schedule B - Competency Levels
Schedule C - Loadings
Supplementary Schedule C1
Supplementary Schedule C2
Schedule D - Cash Allowances
Schedule E - Other Casual Entitlements
2. Title of Award
This award shall be known as the Crown Employees (Jenolan
Caves Reserve Trust Division) Salaries Award.
3. Definitions
"Trust" shall mean the Jenolan Caves Reserve Trust
Division, constituted under the Public Sector Employment and Management Act
2002.
"Employee" shall mean any person engaged to work,
permanently or otherwise, for the Jenolan Caves Reserve Trust Division, under
the provisions of the Public Sector Employment and Management Act 2002.
"Temporary Employee" shall mean a person who is
engaged for a period of time to undertake a specific task and/or is required to
regularly work a number of ordinary hours each week.
"Casual Employee" shall mean a person engaged and
paid as such, where leave benefits do not accrue but are recognised in an
enhanced rate of pay.
"Association" shall mean the Public Service and
Professional Officers’ Association Amalgamated Union of New South Wales.
"Union" shall mean The Australian Workers' Union,
New South Wales, the Electrical Trades Union of Australia, New South Wales
Branch, the Automotive, Food, Metals, Engineering, Printing and Kindred
Industries Union, New South Wales Branch, and the Construction, Forestry,
Mining and Energy Union (New South Wales Branch).
"Administrative Service Staff" shall mean all
persons employed to provide administrative, technical, resource and management
services for the Trust, who are employed to work on a 35-hour a week basis.
"Visitor Services Staff" shall mean all persons
employed to directly provide for the maintenance or interpretation of the Karst
Reserve to the public, who are employed to work on a 38-hour a week basis.
"Director" shall mean the Chief Operations Officer
of the Jenolan Caves Reserve Trust Division.
"Base Rate" shall mean the rates of pay as set out
in Schedule A.
4. Parties
This award has been entered into by the Jenolan Caves
Reserve Trust Division of the one part and the Public Service Association and
Professional Officers’ Association Amalgamated Union of New South Wales
(hereinafter referred to as the "Association") representing all staff
not employed as maintenance officers or tradespersons, the Australian Workers'
Union, New South Wales, the Electrical Trades Union of Australia, New South
Wales Branch, the Automotive, Food, Metals, Engineering, Printing and Kindred
Industries Union, New South Wales Branch, and the Construction, Forestry,
Mining and Energy Union (New South Wales Branch) (hereinafter referred to as
the "unions") representing labourers and tradespersons, of the other part.
5. Intentions
5.1 It is the
intention of the parties that the award will partially regulate the terms and
conditions of employment of employees, through the consolidation and
annualisation of wages and salaries.
5.2 The
annualisation of payments to employees involves the consolidation of payments
for:
(a) penalty rates
for working weekends (including Saturdays and Sundays) and public holidays per
year;
(b) shift
allowances and various trades allowances;
(c) annual leave
loading.
5.3 The parties to
this award agree that the award will provide for improved efficiencies as set
out in Schedule F in the operation, maintenance and display of caves in the
Reserve, while creating a better paid and more interesting working environment
through training and skills acquisition for staff, while providing a wider
range of tasks through opportunities to work in different job classifications.
6. Salaries
6.1 Salaries shall
be those as set out in Schedule A of this award.
6.2 The annual
salary in the said Schedule A shall be
paid for the purposes of superannuation and all paid leave, except as provided
in paragraph 6.2.1 of this subclause.
6.2.1 Extended leave
will be paid at the base rate as set out in Schedule A of the position the
employee is occupying at the time the leave is taken.
7. Loadings
7.1 Visitor
Services Staff who work 42 weekends or less shall not be rostered to work more
than ten consecutive weekends, unless the employee agrees to do so.
7.2 Schedule C of
this award particularises the loadings which, when added to the base rate,
shall form the annual salary.
7.3 Employees
(other than casual employees) referred to in Schedule C1, who agree to work
more weekends and public holidays than those prescribed, will be paid penalty
rates on the base rate as follows for working on a:
(a) Saturday - a
50% loading for each additional day worked.
(b) Sunday - a 75%
loading for each additional day worked.
(c) Public holiday
- a 150% loading for each additional day worked.
7.4 Employees
referred to in Schedule C1 who agree to work more weekends and/or public
holidays than those prescribed, will be paid an additional loading component
with any loading component to which they may already be entitled, on the
following bases:
|
Number of additional ordinary shifts worked on
|
Additional Payment
|
|
Sundays and/or public holidays in any 12-month
|
|
|
period commencing with this award
|
|
|
4-10
|
1/5 of one week's ordinary salary
|
|
11-17
|
2/5 of one week's ordinary salary
|
|
18-24
|
3/5 of one week's ordinary salary
|
|
25-31
|
4/5 of one week's ordinary salary
|
|
32 or more
|
one week's ordinary salary
|
7.5 Where, as a
consequence of being on leave without pay, an employee has not worked the
number of weekends and/or public holidays prescribed, the employee will have
the relevant component to which they may not be entitled deducted from salary
on the basis of the table above.
7.6 The salary
deduction referred to in subclause 7.5 shall be commenced in December of each
year by the second pay day, and shall not be deducted at a rate greater than
five per cent of the employee's gross fortnightly pay.
7.7 The additional
payment referred to in subclauses 7.3 and 7.4 shall be made by the second pay
day in December of each year, provided that:
(a) Where the
employment of an employee is terminated or that employee retires, the employee
shall be entitled to be paid the payment accrued under subclauses 7.3 and 7.4
on a pro rata basis from the commencement of the first pay day in December of
each year, until the date of termination or retirement; and
(b) payment shall
be at the rate applying as at the date of termination or retirement.
8. Allowances
8.1 With the
exception of allowances listed herein or in Schedule C2 of this award, all
allowances contained within the Public Service of NSW Personnel Handbook shall
be paid as applicable.
8.2 The allowances
paid to employees for utilising basic skills, occupying key positions and being
"on call" as required, are set out in Schedule C.
8.3 The following
allowance, as prescribed by relevant awards, which are not included for staff
in Schedule C2, shall be paid to staff on an incidence basis: Chokage Allowance
- Crown Employees (Skilled Trades) Award.
9. Hours
9.1
9.1.1 Flexible Leave
- The parties agree that an appropriate level of service be maintained between
the hours of 8.30 a.m. and 5.00 p.m. on weekdays.
9.1.2 Ordinary hours
of work shall mean:
(a) for
Administration Services staff, 35 hours per week over a 140-hour, four-week
cycle, Monday to Friday; and
(b) for Visitor
Services staff, 38 hours per week over a 152-hour, four-week cycle, Tuesday to
Monday.
9.1.3 Bandwidth shall
mean the times of day between which the ordinary hours of work may be carried
out. Those hours being the 12 hours between 7.00 a.m. and 7.00 p.m.
9.1.4 Core time shall
mean:
(a) For
Administration Services staff, the period of time when an employee must be on
duty, being between the hours of 9.30 a.m. and 3.30 p.m., exclusive of the meal
break.
(b) For Visitor
Services staff:
(i) For staff
employed to provide for the interpretation of the Caves Reserve, 9.30 a.m. to
4.30 p.m., exclusive of a meal break; and
(ii) for staff
employed to provide for the maintenance of the Caves Reserve infrastructure, a
continuous period of a minimum of seven hours, inclusive of the meal break,
commencing before 9.30 a.m.
9.1.5 The Trust may
require an employee to perform duty beyond the hours determined under subclause
9.1.3 of this clause for employees working a flexible working hours scheme and
for employees working a shift, all work performed in excess of 7.6 hours, but
only if it is reasonable for the employee to be required to do so. An employee
may refuse to work additional hours in circumstances where the working of such
hours would result in the employee working unreasonable hours. In determining
what is unreasonable the following factors shall be taken into account:
(a) the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements;
(b) any risk to
employee 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 Trust regarding the working of the additional hours, and by
the employee of their intention to refuse the working of additional hours; or
(e) any other
relevant matter.
9.1.6 Meal break
shall mean an employee is entitled to a lunch break between the hours of 11.30
a.m. and 2.30 p.m. of not less than 30 minutes. If the employee wishes to
substantially extend the lunch break beyond one hour they must, in agreement
with their supervisor, ensure the extension will not prevent an appropriate level
of service being maintained.
9.1.6.1 For
staff conducting tours which are programmed to last more than five hours, or in
cases of emergency, causing the tour to last more than five hours, they shall
have a period of 30 minutes added to the time recorded as having been worked on
that day.
9.1.7 At the end of
each four-week cycle, a maximum of 10 hours debit or 14 hours credit may be
carried into the next four-week cycle. Hours in excess of a credit of 14
hours will be forfeited. Hours in excess of a debit of 10 hours will
be debited against accrued annual or extended leave in multiples of one quarter
day.
9.1.8 An employee may
have one full day, plus one half day, or three half days flexible leave in a
four- week cycle, with the prior approval of their supervisor.
9.1.9 An employee who
is unable to take flexible leave in any four-week cycle may "carry
over" a leave entitlement of one day or a half day into the next
cycle. A maximum of five days’ flexible
leave may be carried over in this manner into the next cycle.
9.1.10 Where flexible
leave is carried over, the hours for the flexible leave carried over shall not
be included as credit hours for the purpose of paragraph 9.1.6.
9.1.11 Accumulated
flexible leave, which is carried over, may be taken in a block with the prior
approval of the supervisor.
9.1.12 All flexible
leave is to be taken between Monday and Friday, inclusive, excluding public
holidays.
9.2 No employee
shall be required to work for a period of more than five hours continuously
without having a meal break. A morning
or afternoon tea break does not breach a continuous period of work.
9.2.1 There shall be
a paid morning tea break of ten minutes within the five hours of commencing
work. An afternoon tea break may be taken during the afternoon in the course of
the employees continuing their normal duties.
9.3 Employees will
be provided with four clear rest days in each two-week period.
10. Rosters - Visitor
Services Staff
10.1 For roster
purposes, the work week shall be Tuesday to Monday, inclusive.
10.2 Roster shall
mean a written list of days of the week on which employees are required to
work. This list includes the time of day on which an employee is required to
commence duties.
10.3 Daily Work
Program shall mean the allocation of duties to be carried out by employees on a
daily basis, including a specified meal break.
10.4 Usual Work
Hours shall mean a period of 7.6 consecutive hours from the prescribed starting
time worked on any one day, which is exclusive of the meal break.
10.5 The two-week
roster of shifts for Visitor Services staff will have regard to the needs of
the Trust, employees and provision of services to customers.
10.6 There shall be
a specified meal break of not less than 30 minutes. Such meal break shall be taken
no later than five hours after the commencement of work.
10.7 A two-week work
roster of shifts and days should be set in writing and displayed at least two
weeks before the roster period starts.
10.8 Where the
two-week roster referred to above is not set in writing and displayed at least
two weeks before the roster period starts, agreement on the details of the work
roster will be reached between the employees and management of a work area
prior to it being finalised in writing and displayed.
10.9 A roster of
shifts may be varied at any time by mutual consent or in exceptional
circumstances on 12 hours’ notice, if rendered necessary by the absence of
employees from duty or shortage of staff, or emergency circumstances involving
rescue or disaster or short notice tour bookings.
10.10 Rosters shall be
designed so as to allow for a break of a minimum of ten consecutive hours
between the finish and commencement of ordinary work hours.
10.11 Permanent
changes to the annual pattern of rosters for an employee, or a specific job not
covered by the provisions of this award, will be done in accordance with the
consultative procedure with the Association/union and the members concerned,
prior to implementation.
10.12
10.12.1 For
permanent and temporary Guides, the maximum number of cave inspections shall be
132 in any eight- week period, up to a maximum of four per day.
10.12.2 This
may include showing up to four caves in a day, except that a Guide will not be
required (unless by agreement with the Guide) to show more than two two-hour or
three-hour adventure tours or more than two River, Jubilee or extended tours,
or three Lucas tours in one day.
10.13 For the purpose
of designing the daily work program, the time taken for group preparation is to
be included in the allocated time to conduct an adventure tour.
10.14 No employee will
spend more than 1,000 hours underground in any period 1 April - 31 March. This
amount may be varied by agreement between the parties.
11. Shift Work -
Visitor Services Staff
11.1 Shift shall
mean a work period of 7.6 hours which an employee is rostered to work, which
commences at or after 10.00 a.m. on a working day.
11.2 The number of
shifts listed in Schedule C2 shall be rostered on an annual basis and are
included in the annual salary for the purposes of this award.
11.3 Employees
rostered to work a shift shall have a lunch period of one hour.
11.4 Employees
rostered to work a shift shall not be able to utilise flexible work hours
arrangements while working that shift.
11.5 Shift starting
and finishing times and meal breaks shall be strictly adhered to.
11.6 For the
purposes of this clause, employees shall be paid the following allowance once
they work a shift (in the case of employees referred to in subclause 11.2, a
shift in excess of the number of shifts specified therein).
|
Shift
|
Commencing Time
|
Payment for Shift
in
|
|
|
|
Addition to Base
Rate
|
|
Day
|
At or after 6.00 a.m.
|
|
|
|
and before 10.00 a.m.
|
Nil
|
|
Afternoon (early)
|
At or after 10.00 a.m.
|
|
|
|
and before 1.00 p.m.
|
10%
|
|
Afternoon (late)
|
At or after 1.00 p.m.
|
|
|
|
and before 4.00 p.m.
|
12.5%
|
|
Night
|
At or after 4.00 p.m.
|
|
|
|
and before 4.00 a.m.
|
15%
|
|
Night
|
At or after 4.00 a.m.
|
|
|
|
and before 6.00 a.m.
|
10%
|
11.7 Where employees
are engaged on shift work, they shall be rostered on a rotating basis.
11.8 Provided that
shift allowances for employees referred to in subclause 11.6 shall not be paid
in respect of work done at weekends or on public holidays.
12. Rest Breaks
12.1 There shall be
a break of at least ten consecutive hours between employees’ ordinary shifts.
12.2 Employees
required to continue to work after rostered finishing times are required to
have a rest break of at least ten consecutive hours before commencing work, and
to be paid for any ordinary working time occurring during such absence.
12.3 Where employees
are directed to commence work without having their required rest break, they
will be paid overtime rates until they are released from duty for the ten-hour
period, and shall be entitled to be absent until the employee has had ten
consecutive hours off duty, without loss of pay, for ordinary working time
occurring during such absence.
13. Temporary
Employees
Where an employee remains available for further ongoing
temporary employment with the Trust, the Trust shall preserve their accumulated
leave entitlement with the Trust and carry it over to the next period of
employment, on an annual basis.
14. Casual Employment
14.1 Casual
employees will be paid fortnightly, or at the termination of employment,
whichever is the earlier, for the hours worked.
14.2 The casual
hourly rate shall be determined by adding 20 per cent to the base hourly rate.
14.3 The base hourly
rate will be determined by the following formulae:
|
Base Salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.8929
|
|
Number of ordinary
hours of work per week
|
14.4 The rate of pay
for casual employees shall be, for work:
|
Monday to Friday.
|
The casual hourly rate
|
|
Saturday
|
The casual hourly rate + 50 per cent
|
|
Sunday
|
The casual hourly rate + 75 per cent
|
|
Public Holidays
|
The casual hourly rate + 150 per cent
|
14.5 Appointment to
a higher starting salary point within a salary scale, other than the base grade
Year 1, may be determined by the Director, following assessment of the
successful applicant's educational qualifications, work experience in a related
field and/or relevant skill level and competencies in respect of the position
to which they are appointed.
14.6 The loading
payable to casuals is in lieu of all leave entitlements.
14.7 Casual visitor
services staff are entitled to be paid overtime for time worked in excess of
ten hours per day.
14.8 Overtime
payments are calculated on the base hourly rate referred to in subclause 14.3.
14.9 Casual
employees shall be engaged for a minimum of three consecutive hours.
14.10 Casual employees
shall not be entitled to flexible leave arrangements.
14.11 Casuals shall
also receive the following entitlements in accordance with the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006:
(a) Unpaid
parental leave in accordance with paragraph 12(iv)(d);
(b) Personal
Carer’s entitlement in accordance with subclause 12(v); and
(c) Bereavement
entitlement in accordance with subclause 12(vi).
This entitlement is also set out at Schedule G of this
award.
14A. School Based
Apprentices
14A.1 Definition
A school based apprentice is an employee who is
undertaking an apprenticeship under a training contract while also enrolled in
the Higher School Certificate.
14A.2 Wages
(a) The hourly
rates for full time apprentices as set out in this award shall apply to school
based apprentices for total hours worked including time deemed to be spent in
off-the-job training.
(b) For the
purposes of paragraph (a) of this subclause, where a school based apprentice is
a full time school student, the time spent in off-the-job training for which
the school based apprentice is paid is deemed to be 25 per cent of the actual
hours worked on-the-job each week.
(c) The wages paid
for training time may be averaged over the school term or year.
(d) Where this
award specifies a weekly rate for full time apprentices, the hourly rate shall
be calculated by dividing the applicable weekly rate by 38.
14A.3 Progression
Through the Wage Structure
(a) School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
(b) The rates of
pay are based on a standard apprenticeship of four years. The rate of progression reflects the average
rate of skill acquisition expected from the typical combination of work and
training for a school based apprentice undertaking the applicable
apprenticeship.
14A.4 Conversion from a
school based apprentice to a full time apprenticeship
Where an apprentice converts from a school based to a
full time apprenticeship, all time spent as a full time apprentice counts for
the purpose of progression through the wage scale set out in this award. This progression applies in addition to the
progression achieved as a school based apprentice.
14A.5 Conditions of Employment
Except as provided by this clause, school based
apprentices are entitled to pro rata entitlements of all other conditions of
employment contained in this award.
15. Overtime
15.1 Definitions -
15.1.1 Overtime shall
mean:
(a) For employees
working a flexible working hours scheme, all time worked outside the flexible
hours bandwidth or all time worked within the flexible hours bandwidth in
excess of ten hours per day where such work is at the direction of the Trust;
and
(b) for employees
working a shift, all work performed in excess of 7.6 hours where such excess
work is at the direction of the Trust.
15.2 An employee may
be directed by the Trust to work overtime, provided it is reasonable for the
employee to be required to do so. An employee may refuse to work overtime in
circumstances where the working of such overtime would result in the employee
working unreasonable hours. In determining what is unreasonable, the following
factors shall be taken into account:
(a) the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements;
(b) any risk to
employee health and safety;
(c) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services;
(d) the notice (if
any) given by the Trust regarding the working of the overtime, and by the
employee of their intention to refuse overtime; or
(e) any other
relevant matter.
15.3 Rates -
Overtime, when worked on the days prescribed, shall be paid for at the
following rates:
(a) for all
overtime worked Monday to Friday, inclusive, at the rate of time and one-half
for the first two hours and at the rate of double time thereafter until
relieved from duty;
(b) for all
overtime worked on a Saturday, at the rate of time and one-half for the first
two hours and at the rate of double time thereafter;
(c) for all
overtime worked on a Sunday, at the rate of double time; and
(d) for all
overtime worked on a public holiday, at the rate of double time and one-half,
i.e., ordinary rates and one-half in addition to salary.
Provided that:
(i) Overtime
rates are not paid for meal times.
(ii) An employee
receiving a salary in excess of the salary of a Level 6 as above, shall only
receive overtime payments calculated on the basis of the salary of a 1st year
rate of Level 6.
(iii) An employee
who works overtime on a Saturday, Sunday or public holiday shall be paid a
minimum payment as for three hours' work at the base rate as prescribed by this
award.
15.4 Call Back
(a) An employee
recalled to work overtime after leaving the employer’s premises shall be paid
for a minimum of three hours' work at the appropriate overtime rates.
(b) The employee
shall not be required to work the full three hours if the job can be completed
within a shorter period.
(c) When an
employee returns to the place of work on a number of occasions in the same day
and the first or subsequent minimum pay period overlaps into the next call-out
period, payment shall be calculated from the commencement of the first recall,
until either the end of duty or three hours from the commencement of the last
recall, whichever is the greater. Such
time shall be calculated as one continuous period.
(d) When an
employee returns to the place of work on a second or subsequent occasion and a
period of three hours has elapsed since the staff member was last recalled,
overtime shall only be paid for the actual time worked in the first and
subsequent periods, with the minimum payment provision only being applied to
the last recall on the day.
(e) A recall to
duty commences when the employee starts work and terminates when the work is
completed. A recall to duty does not include time spent travelling to and from
the place at which work is to be undertaken.
Where overtime actually worked because of a call out(s)
totals less than three hours between the prescribed finishing time and
prescribed starting time, shall not be regarded as time worked for the purposes
of clause 12, Rest Breaks, where the actual time worked is less than three
hours.
15.5 Calculation
(a) Overtime shall
not be paid for periods of less than one quarter of an hour.
(b) The formula
for the calculation of overtime at ordinary rates shall be:
|
Base Rate
|
x
|
5
|
x
|
1
|
|
1
|
|
260.8929
|
|
Number of ordinary hours of work per week
|
15.6 Meal Allowance
(a) An employee,
whether entitled to payment of overtime or not, who properly and reasonably
incurs expenses in obtaining a meal, shall be paid the relevant meal allowance
in accordance with the overtime meal allowances in Part B, Monetary Rates, of
the Crown Employees (Public Service Conditions of Employment) Award 2002:
(i) for breakfast
when, without 12 hours’ notice, required to commence work at or before 6.00
a.m. and at least one hour before the prescribed starting time; and
(ii) for an
evening meal
(1) In the case of
an employee not working under a flexible working hours' scheme who is required
to work beyond 6.00 p.m. and for at least 1.5 hours after the prescribed
ceasing time; or
(2) in the case of
an employee working under a flexible working hours' scheme who is required to
work beyond 6.00 p.m. and beyond the prescribed ceasing time
(b) An employee
required to work overtime on a Saturday, Sunday or public holiday:
(1) In the case of
an employee whose starting time is not later than 8.30 a.m. and who is required
to work until or beyond 1.30 p.m.; or
(2) in the case of
an employee whose starting time is later than 8.30 a.m. and who is required to
work until or beyond 2.00 p.m.
(c) An employee
shall not be entitled to the allowances prescribed under this clause unless the
performance of the work concerned at the time at which it was performed was
necessary.
15.7 Adjustment of
Allowances - Where an allowance under subclause 15.6, Meal Allowance, is
insufficient to adequately reimburse the officer for expenses properly and
reasonably incurred, a further allowance may be paid so as to reimburse the
officer or employee for the additional expenses incurred.
16. Appointments
16.1 Appointment to
a position will be in accordance with the provisions of the Public Sector
Employment and Management Act 2002, in as much as it applies to employees
of the Trust.
16.2 Appointments to
the salary scales will be in accordance with Schedule B of this award.
16.3 Appointment to
a higher starting salary point within a salary scale, other than Year 1, may be
determined by the Director, following assessment of the successful applicant's
educational qualifications, work experience in a related field and/or relevant
skill level and competencies in respect of the position to which they are
appointed.
17. Consultation
17.1 Consultative
Arrangements - The Trust, Association and Unions agree to continued
consultation to ensure the implementation of flexible work patterns with the
view to achieving world best practice, efficiency and increased job
satisfaction.
17.2 Joint
Consultative Committee
17.2.1 A Joint
Consultative Committee shall be established comprising the Trust, the
Association and the Unions for the purpose of facilitating a constructive
exchange of information, to monitor the impact of the award and survey any
difficulties which may arise from its implementation.
17.2.2 The Joint
Consultative Committee shall be comprised of the Trust’s Director and up to
four additional management representatives, and up to six representatives
(employees and elected members) of the Association/Unions.
17.2.3 The Joint Consultative
Committee will also consider workplace changes and productivity improvements
put forward by staff, Association/Unions or management.
17.2.4 The Joint
Consultative Committee shall be required to meet on a regular basis, being no
less often than four times per year.
17.3 A working
committee will be established between the Trust and the Association/Unions to
ensure the development of career paths, the acquisition of appropriate skills,
competencies and qualifications of employees.
17.3.1 The working
committee will comprise at least two employer representatives and at least two
representatives nominated by the Association/Unions.
18. Grievance
Procedures
18.1 When any
grievance or dispute arises at the workplace, the employee(s) concerned will
take the matter up with their immediate supervisor. The supervisor is to be
given the opportunity to investigate the matter and provide a response to the
grievance or claim. The supervisor will advise the employee(s) concerned,
within 24 hours of receiving the grievance, of the timetable for the resolution
of the grievance. The grievance is to be resolved as soon as possible.
18.2 When any
grievance or dispute arises in the workplace between the employee(s) and their
immediate supervisor, or where the matter is of such a nature that direct
discussion between the employee(s) and their immediate supervisor would not be
appropriate, the employee(s) may notify the local manager, Association/Union or
Association delegate, who will then take up the matter with the appropriate
local manager.
18.3 If the matter
has not been settled by the immediate supervisor or local manager, the party
shall report the grievance in writing. If the party so requests, the matter
will be discussed as soon as practicable between a representative of the
Association/Union concerned and the Director or nominee.
18.4 If the matter
remains unresolved, it may be referred by either party to the appropriate
industrial tribunal.
18.5 Nothing
contained in these procedures will preclude the Trust and Association/Union
from entering into direct negotiations on any matter.
18.6 Whilst these
procedures or negotiations are continuing, no stoppage of work or any other
form of limitation of work shall be applied.
18.7 The parties
reserve the right to vary this procedure where it is considered that an
occupational health and safety factor is involved.
19. Anti
Discrimination
19.1 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.
19.2 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.
19.3 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.
19.4 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.
19.5 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."
20. Deduction of
Union Membership Fees
20.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
20.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
20.3 Subject to
subclauses 20.1 and 20.2 of this clause, the employer shall deduct union
fortnightly membership fees from the pay of any employee who is a member of the
union in accordance with the union's rules, provided that the employee has
authorised the employer to make such deductions.
20.4 Monies so
deducted from employee's pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
20.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
20.6 Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue
21. Savings
Should there be a variation to the Crown Employees (Public
Sector - Salaries 2007) Award, or an award replacing it, any such increase will
be reflected in Schedule A of this award, either by variation or the making of
a new award.
22. Area, Incidence
and Duration
22.1 The purpose of
this award is to partially regulate the terms and conditions of employment of
employees, as defined, who are either seconded by the Trust, or who are
employed by the Trust.
22.2 Other terms and
conditions, except as provided for within this award, shall be those determined
from time to time under the Public Sector Employment and Management Act
2002, the Public Sector Management (General) Regulation, 1996, in so much as
they apply to employees of the Jenolan Caves Reserve Trust Division.
22.3 This award
shall replace the following instruments in so far as they apply to employees -
Crown Employees (Public Sector - Salaries 2007) Award
Overtime provisions of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2006
General Construction and Maintenance, Civil and
Mechanical Engineering, &c. (State) Award.
Crown Employees (General Staff - Salaries) Award 2007
Crown Employees (Skilled Trades) Award.
22.4 This award is
made following a review under section 19 of the Industrial Relations Act 1996
and replaces the Crown Employees (Jenolan Caves Reserve Trust) Salaries Award
published 25 February 2005 (348 I.G. 670) and all variations thereof.
22.5 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 the New South
Wales on 28 April 1999 (310 I.G. 359)
take effect on and from 25 March 2008.
22.6 This award
remains in force until varied or rescinded for the period for which it was made
already having expired.
SCHEDULE A
BASE SALARY LEVELS
The levels upon which the following base rates have been
determined are in accordance with the competency descriptions set out in the
attached Schedule B.
These rates will apply to all positions, and the basis for
calculation of all full-time, part-time, casual, junior and apprentice rates of
pay.
|
Position Title
|
Loc
|
Level
|
Base Rate
|
Loading of:
|
Annual
|
|
|
|
|
|
|
Salary
|
|
|
|
|
$
|
%
|
$
|
|
Administration Officer
|
JB
|
2
|
43,369
|
1.4
|
43,976
|
|
Administration Officer
|
|
|
|
|
|
|
(Special)
|
JB
|
2A
|
44,945
|
1.4
|
45,575
|
|
Business Development
|
|
|
|
|
|
|
Manager
|
B
|
|
81,415
|
1.4
|
82,555
|
|
Caretaker Jenolan Cottages
|
J
|
1A
|
41,727
|
24.4
|
51,908
|
|
Manager Caving
|
J
|
|
65,527
|
26.8
|
83,088
|
|
Operations
|
|
|
|
|
|
|
Director
|
B
|
|
118,519
|
2.4
|
121,363
|
|
Guide - Grade 1
|
J
|
1A
|
41,727
|
29.2
|
53,911
|
|
Guide - Grade 2
|
J
|
2
|
43,369
|
29.2
|
56,033
|
|
Maintenance Officer
|
J
|
1
|
39,347
|
27.8
|
50,285
|
|
Karst Resources
|
J
|
5
|
62,606
|
1.4
|
63,482
|
|
Officer
|
|
|
|
|
|
|
Senior Finance Officer
|
B
|
6
|
69,465
|
1.4
|
70,438
|
|
Guide - Grade 3
|
J
|
3
|
46,600
|
29.2
|
60,207
|
|
System Administrator/
|
|
|
|
|
|
|
Finance Officer
|
B
|
5
|
62,606
|
2.4
|
64,109
|
|
Team Leader -
|
J
|
4
|
54,248
|
24.6
|
67,593
|
|
Electrical
|
|
|
|
|
|
|
Team Leader -
|
J
|
4
|
54,248
|
26.6
|
68,678
|
|
Maintenance
|
|
|
|
|
|
|
Trades Officer
|
J
|
2A
|
44,945
|
10.0
|
49,440
|
|
Trades Officer -
|
J
|
3A
|
51,175
|
13.6
|
58,135
|
|
Electrical (W/ends)
|
|
|
|
|
|
|
Visitor Services
|
J
|
1A
|
41,727
|
39.5
|
58,209
|
|
Officer (Tickets- PT)*
|
|
|
|
|
|
* Visitor Services Officer part-time works four days per
week. Base rate is 80 per cent of Level
1A base rate.
Junior Rates
Junior rates shall be paid at the following percentage of
the annual salary for the position:
|
Under 17 years of age
|
80 per cent
|
|
Age 17 years
|
90 per cent
|
Apprentice Rates
Apprentice tradesperson shall be paid as follows:
(a) the rates
determined under any formal scheme of apprenticeship; or
(b) the following
percentage of the Level 2A, trades salaries, which shall be deemed to be
inclusive of all penalties, trades allowances and annual leave loading:
|
1st year
|
50%
|
|
2nd year
|
65%
|
|
3rd year
|
80%
|
|
4th year
|
95%
|
whichever is appropriate in respect of Schedule C.
SCHEDULE B
COMPETENCY LEVELS
|
Level
|
Category
|
Competency Description
|
|
1
|
Operational - Grade 1
|
Competency at this level involves the application of
knowledge and skills
|
|
|
|
to a limited range of tasks and roles.
|
|
|
|
There is a specific range of contexts where the choice of
actions required
|
|
|
|
is clear.
Competencies are normally used within established routines,
|
|
|
(Maintenance)
|
methods and procedures that are predictable, and within
which
|
|
|
(Cleaning)
|
judgement against established criteria is also involved.
|
|
1A
|
Operational
|
The competencies are likely to be applied under direct
guidance with
|
|
|
Grade1A
|
regular checking, but may be applied under less direct
guidance
|
|
|
|
and some autonomy if working in teams.
|
|
|
(Caves Services)
|
|
|
|
(Visitor
|
|
|
|
Accommodation)
|
|
|
2
|
Operational Grade
2
|
Competency at this level involves the application of
knowledge and skills
|
|
|
|
to a range of tasks and roles There is a defined range of
contexts where
|
|
|
|
the choice of action is required is usually clear, with
limited scope
|
|
|
|
in the choice. Competencies are normally used within
established
|
|
|
(Caves Services)
|
routines, methods and procedures, in some cases involving
|
|
|
(Administration)
|
discretion and judgment about possible actions.
|
|
|
|
|
|
2A
|
Operational Grade
|
The competencies are likely to be applied under routine
guidance with
|
|
|
2A
|
intermittent checking, but may take the form of general
guidance
|
|
|
|
and considerable autonomy if working in teams.
|
|
|
(Trades)
|
Responsibility for some roles and co-ordination may be involved
|
|
|
(Administration)
|
if working in a team.
|
|
|
|
|
|
3
|
Operational Grade
3
|
Competency at this level involves the application of
knowledge with
|
|
|
|
depth in some areas and a broad range of skills . There is
a range
|
|
|
|
of tasks and roles in a variety of contexts, with some
complexity in
|
|
|
|
the extent and choice of actions required. procedures
where some
|
|
|
(Caves Services)
|
discretion and judgement is required in selection of
equipment, work
|
|
|
|
organisation, services, actions and achieving outcomes
within time
|
|
|
|
constraints.
|
|
|
|
|
|
3A
|
Operational Grade
|
The competencies are likely to be applied under guidance
with checking
|
|
|
3A
|
related to overall progress, but may take the form of
broad guidance
|
|
|
|
and autonomy if working in teams. Responsibility for the work of
|
|
|
(Trades - Electrical)
|
others and/or team co-ordination may be involved.
|
|
|
|
|
|
4
|
Administration
|
Competency at this level involves the application of
knowledge with
|
|
|
|
depth in some areas and a broad range of skills. There is
a range of
|
|
|
|
tasks and roles in a variety of contexts, with some
complexity in the
|
|
|
|
range and choice of actions required.
|
|
|
|
|
|
|
Management -
|
Competencies are normally used within routines, methods
and
|
|
|
Grade 1
|
procedures where discretion and judgement is required, for
both
|
|
|
|
self and others, in planning and selection of equipment,
work
|
|
|
(Operational - Low
|
organisation, services, actions, and achieving outcomes
within
|
|
|
Volume)
|
time constraints.
|
|
|
|
The competencies are likely to be applied under general
guidance on
|
|
|
|
progress and outcomes sought. The work of may be
supervised,
|
|
|
|
or teams guided or facilitated. Responsibility for and limited
|
|
|
|
organisation of the work of others may be involved.
|
|
|
|
|
|
5
|
Environment and
|
Competencies at this level involve the self-directed application
of
|
|
|
Technology
|
knowledge with substantial depth in some areas, and a
range of
|
|
|
|
technical and other skills to tasks, roles and functions
in both varied
|
|
|
|
and highly specific contexts.
|
|
|
(Graduate or
|
Competencies are normally used independently and both
routinely and
|
|
|
Equivalent)
|
non-routinely.
Judgement is required in planning and selecting
|
|
|
|
appropriate equipment, services, techniques and work
organisation
|
|
|
|
for self and others.
|
|
|
|
|
|
|
|
The competencies are likely to be applied under broad guidelines.
The
|
|
|
|
work of others may be supervised or teams guided.
Responsibility
|
|
|
|
for and management of the work of other may be involved
|
|
|
|
|
|
6
|
Management -
|
Competency at this level involves the self-directed
development of
|
|
|
Grade 2
|
knowledge with substantial depth across a number of areas,
and/or
|
|
|
|
mastery of a specialised area with a range of skills.
Application is
|
|
|
|
to major functions
in either varied or highly specific contexts.
|
|
|
(Operational -
|
|
|
|
Medium Volume)
|
Competencies are normally used independently and are
substantially non
|
|
|
|
routinely.
Significant judgement is required in planning, design,
|
|
|
|
technical or supervisory functions related to products
services,
|
|
|
|
operations or processes.
|
|
|
|
|
|
|
|
The competencies are likely to be applied under limited
guidelines in line
|
|
|
|
with a broad plan, budget or strategy.
|
|
|
|
Responsibility and defined accountability for the
management and output
|
|
|
|
of the work of others and for a defined function or
functions may
|
|
|
|
be involved
|
|
6A
|
Management -
|
|
|
|
Grade 3
|
|
|
6B
|
(Operational - High
|
|
|
|
Volume)
|
|
|
6C
|
Management -
|
Competencies at this level involve the self directed
development and
|
|
|
Grade 4
|
mastery of broad and/or specialised areas of knowledge
with a range
|
|
|
|
of skills.
Application is to major, broad, or specialised functions in
|
|
|
|
highly specialised contexts.
|
|
8
|
Strategic
|
Competency at this level involves the self directed
development and
|
|
|
Management
|
mastery of a range of knowledge and broad or specialised
functions
|
|
|
|
in highly varied and/or specialised contexts.
|
|
|
Director
|
Competencies are normally used with full independence and
in contexts
|
|
|
|
and combinations of great variability. The highest level of complex
|
|
|
|
judgement is applied in planning, design, technical and/or
management
|
|
|
|
functions.
|
|
|
|
|
|
|
|
The competencies are likely to be applied in ways that
involve full
|
|
|
|
responsibility and accountability for all aspects of the
work of others
|
|
|
|
and functions, including planning, budgeting and strategy.
|
|
|
|
|
Schedule C
LOADINGS
Visitor Services
Staff
Loadings for
Penalty Rates, Annual Leave Loading and Allowances (Refer to Subclause 7.2 of
clause 7, Loadings)
|
Column 1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
Position
|
Week
|
Public
|
After-
|
Loading
|
For
|
Roun-
|
Total
|
Annual
|
|
|
ends
|
Holi-
|
noon
|
Penal.
|
Allow.
|
ding
|
Loa-
|
Leave
|
|
|
|
days
|
Shift
|
ties
|
ances
|
|
ding
|
Accrual
|
|
|
|
|
|
%
|
%
|
%
|
%
|
|
|
|
|
|
|
|
|
|
|
Days
|
Wks
|
|
Caretaker
|
|
|
|
|
|
|
|
|
|
|
Jenolan
|
46
|
10
|
Nil
|
24.28
|
0.00
|
0.12
|
24.4
|
30
|
6
|
|
Cottages
|
|
|
|
|
|
|
|
|
|
|
Manager
|
|
|
|
|
|
|
|
|
|
|
Caving
|
42
|
10
|
Nil
|
26.79
|
0.00
|
0.01
|
26.8
|
30
|
6
|
|
Operations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Guide -
|
|
|
|
|
|
|
|
|
|
|
Grade 1
|
42
|
10
|
25
|
26.79
|
2.30
|
0.11
|
29.2
|
30
|
6
|
|
Guide -
|
|
|
|
|
|
|
|
|
|
|
Grade 2
|
42
|
10
|
25
|
26.79
|
2.30
|
0.11
|
29.2
|
30
|
6
|
|
Guide
|
|
|
|
|
|
|
|
|
|
|
Grade 3
|
42
|
10
|
25
|
26.79
|
2.30
|
0.11
|
29.2
|
30
|
6
|
|
Team
|
|
|
|
|
|
|
|
|
|
|
Leader -
|
26
|
7
|
5
|
19.03
|
5.43
|
0.14
|
24.6
|
25
|
5
|
|
Electrical
|
|
|
|
|
|
|
|
|
|
|
Team
|
|
|
|
|
|
|
|
|
|
|
Leader -
|
26
|
7
|
5
|
19.03
|
7.51
|
0.06
|
26.6
|
25
|
5
|
|
Maintenance
|
|
|
|
|
|
|
|
|
|
|
Trades
|
|
|
|
|
|
|
|
|
|
|
Officer
|
NIL
|
NIL
|
5
|
1.34
|
8.55
|
0.11
|
10.0
|
20
|
4
|
|
Trades
|
13
|
NIL
|
5
|
8.03
|
5.43
|
0.14
|
13.6
|
22
|
4.4
|
|
Officer -
|
|
|
|
|
|
|
|
|
|
|
Electrical
|
|
|
|
|
|
|
|
|
|
|
Visitor
|
42
|
10
|
25
|
37.9**
|
1.58**
|
0.02
|
39.5 **
|
30**
|
6**
|
|
Services
|
|
|
|
|
|
|
|
|
|
|
Officer
|
|
|
|
|
|
|
|
|
|
|
(Tickets-
|
|
|
|
|
|
|
|
|
|
|
PT)
|
|
|
|
|
|
|
|
|
|
** Calculated on annual part-time rate of 80 per cent (four
days per week) of Level 1A base rate.
Administrative
Services Staff
Loadings for
Annual Leave Loading and "on Call" Allowance
|
Column 1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
|
|
Public
|
After-
|
Loading
|
Roun-
|
Total
|
Annual Leave
|
|
|
|
Week
|
Holidays
|
noon
|
for:
|
ding
|
Loading
|
Accrual
|
|
|
Position
|
ends
|
|
Shifts
|
Penalties
|
|
|
|
|
|
|
|
|
|
Allowances
|
|
|
|
|
|
|
|
|
|
%
|
%
|
%
|
%
|
Days
|
Wks
|
|
|
Administration
|
|
|
|
|
|
|
|
|
|
|
|
Officer
|
Nil
|
Nil
|
Nil
|
1.34
|
0.00
|
0.06
|
1.4
|
20
|
4
|
|
|
(Special)
|
|
|
|
|
|
|
|
|
|
|
|
Business
|
|
|
|
|
|
|
|
|
|
|
|
Development
|
Nil
|
Nil
|
Nil
|
1.34
|
0.00
|
0.06
|
1.4
|
20
|
4
|
|
|
Manager
|
|
|
|
|
|
|
|
|
|
|
|
Senior Finance
|
|
|
|
|
|
|
|
|
|
|
|
Officer
|
Nil
|
Nil
|
Nil
|
1.34
|
0.00
|
0.06
|
1.4
|
20
|
4
|
|
|
Director
|
As required
|
Nil
|
1.34
|
1.00
|
0.06
|
2.4
|
20
|
4
|
|
|
Karst
|
|
|
|
|
|
|
|
|
|
|
|
Resources
|
Nil
|
Nil
|
Nil
|
1.34
|
0.00
|
0.06
|
1.4
|
20
|
4
|
|
|
Officer
|
|
|
|
|
|
|
|
|
|
|
|
Systems
|
|
|
|
|
|
|
|
|
|
|
Administrator
|
As required
|
Nil
|
1.34
|
1.00
|
0.06
|
2.4
|
20
|
4
|
|
|
and Finance
|
|
|
|
|
|
|
|
|
|
|
Officer
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rounding - The individual percentage loadings for weekend
and public holiday penalty rates, leave loading, etc., and the various shift
and trades allowances have been calculated to two decimal places. When brought forward to this schedule, a
"rounding-up" factor has been added to enable the final loading to be
expressed to only one decimal place, each ending in either .0, .2, .4, .6 or .8
as shown in column 8 above. This principle will be applied when calculating the
loading for any new or revised positions.
On the following pages, there is a detailed breakdown on the
percentage loadings.
Supplementary Schedule C1 - Weekend and public holiday
penalties, annual leave loading and compensation for Sundays and public
holidays.
Supplementary Schedule C2 - Afternoon shift allowance,
trades allowances, on-call allowance.