SOCIAL AND COMMUNITY SERVICES EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 696 of 2005)
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Before Mr Deputy
President Grayson
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2 May 2005
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REVIEWED AWARD
1. Delete the
word "programmes" wherever appearing in clause 2, Definitions, of the
award published 2 August 2002 (335 I.G. 559), and insert in lieu thereof the
following:
programs
2. Delete
subclause 7.1, of clause 7, Casual Employees, and insert in lieu thereof the
following:
7.1 A casual
employee shall mean an employee engaged to perform work of a short-term and/or
irregular nature.
3. Delete
subclause 11.5, of clause 11, Overtime, and insert in lieu thereof the
following:
11.5 Part-time shift
workers must work the full time equivalent hours before overtime is paid.
4. Delete
paragraph 14.3 (a), of clause 14, Shift Work, and insert in lieu thereof the
following:
(a) An employee who
works an evening shift shall be paid a loading of 15% on their ordinary rate of
pay for the whole of such shift.
5. Delete
subparagraphs 19.5 (a) (v) and (vi), of clause 19, Classifications, Exemptions,
Exclusions, Wages and Superannuation, and insert in lieu thereof the following:
(v) Setting
outcomes in relation to the organisation’s objectives and devising strategies
to achieve them;
(vi) May supervise
employees or teams of employees classified at a lower grade; and
6. Delete clause
20, Translation, and insert in lieu thereof the following:
20. Translation
See Table 3 - Translation.
7. Delete
subclause 21.1, of clause 21, Rates of Pay, and insert in lieu thereof the
following:
21.1 Employees shall
be paid in accordance with Table 1 - Rates of Pay.
8. Delete
subclause 23.3, of clause 23, Incremental Placement and Advancement, and insert
in lieu thereof the following:
23.3 Full-time,
Part-time, and Fixed Term employees shall move from level to level within a
grade after each 12 months' continuous service.
9. Delete
paragraph 30.3 (a), of clause 30, Sleepover Allowance, and insert in lieu
thereof the following:
(a) There is an
agreement between the employee and the employer with at least one week’s notice
in advance, except in the case of an emergency; and
10. Delete clause
33, Motor Vehicle Allowance, and insert in lieu thereof the following:
33. Motor Vehicle
Allowance
Where employees are required by their employer to use their
motor vehicle in the course of their duty, they shall be paid an amount set out
in Item 2 of Table 2 per kilometre travelled during such use.
11. Delete
subclause 37.3, of clause 37, Annual Leave, and insert in lieu thereof the
following:
37.3 Fixed term
employees engaged for more than 12 months are entitled to annual leave in
accordance with subclause 37.2 of this clause.
Fixed term employees engaged for less than 12 months are entitled to be
paid annual leave on a pro rata basis at the end of their term of employment.
12. Delete
subclause 38.2, of clause 38, Annual Leave Loading, and insert in lieu thereof
the following:
38.2 Before an
employee takes their annual leave they shall be paid the following in addition
to their normal weekly pay (exclusive of shift penalties) for the period of
annual leave taken:
Either:
(a) a loading of
17.5% of their normal weekly pay (exclusive of shift penalties) or
(b) the shift
penalties pursuant to clause 14, Shift Work, that the employee would have
received for the period of leave taken had the employee not been on leave,
whichever is the greater amount.
13. Delete
subclauses 41.4 and 41.5, of clause 41, Public Holidays, and insert in lieu
thereof the following:
41.4 Where an
employee, who is a shift worker and is required to and does work an ordinary
rostered shift on a public holiday, the employee shall be paid double time and
a half for such shift.
41.5 Where an
employee, who is a shift worker whose shift includes a gazetted public holiday
and is then not required by the employer to work that gazetted public holiday,
shall have a day added to their annual holidays or be paid a day's pay
additional to their weekly wage.
14. Delete
paragraph 42.3 (c), of clause 42, Personal/Carer's Leave, and insert in lieu
thereof the following:
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
15. Delete
paragraph 48.2 (a), of clause 48, Termination of Employment, and insert in lieu
thereof the following:
(a) Except for
misconduct justifying summary dismissal, the services of an employee shall be
terminated by an employer only by notice as prescribed by the following:
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Years of Continuous
Service
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Notice Required
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Not more than 1 year
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at least one week
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More than 1 but not more than 3 years
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at least two weeks
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More than 3 but not more than 5 years
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at least three weeks
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More than 5 years
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at least four weeks
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16. Delete paragraph
49.1 (b), of clause 49, Organisational Change and Redundancy, and insert in
lieu thereof the following:
(b) In respect of
employers who employ more than 15 employees immediately prior to the
termination of employment of employees, in the terms of subclause 49.4 of this
clause.
17. Delete
paragraph 49.5 (c), of the said clause 49, and insert in lieu thereof the
following:
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
18. Delete the
first paragraph of subclause 49.6, of the said clause 49, an insert in lieu
thereof the following:
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising
"technologically" in accordance with paragraph (a) of subclause 49.2
of this clause.
19. Delete the
first paragraph of subclause 49.13, of the said clause 49, and insert in lieu thereof
the following:
Where an employee is to be terminated pursuant to
subclause 49.5 of this clause, subject to further order of the Industrial
Relations Commission of New South Wales the employer shall pay the employee the
following severance pay in respect of a continuous period of service:
20. Delete
paragraph 49.13 (c), of the said clause 49, and insert in lieu thereof the
following:
(c) "Weeks
Pay" means the all-purpose rate of pay for the employee concerned at the
date of termination, and shall include, in addition to the ordinary rate of
pay, over-award payments, shift penalties and allowances, paid in accordance
with the award.
21. Delete clause
56, Right of Entry By Union, and insert in lieu thereof the following:
56. Right of Entry
See the Industrial
Relations Act 1996 (NSW).
22. Delete the
words "Public Sector Management Act 1988" wherever appearing
in subclause 59.3, of clause 59, Area, Incidence and Duration, and insert in
lieu thereof the following:
Public Sector Employment and Management Act
2002.
23. Delete
subparagraph 59.3 (a) (iii), of the said clause 59, and insert in lieu thereof
the following:
(iii) the Health
Services Act 1997; or
24. Delete
subparagraph 59.3 (b) (xiv), of the said clause 59, and insert in lieu thereof
the following:
(xiv) by any person
employed as an Associate to a Justice; or
25. Delete the
words "Charitable Collections Act
1934" appearing in paragraph 59.3 (c), of the said clause 59, and insert
in lieu thereof the following:
Charitable Fundraising Act 1991
26. Insert after
paragraph 59.8 (b), of the said clause 59, the following new paragraphs:
(c) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of NSW on 28 April
1999 (310 I.G. 359) and take effect on 2 May 2005.
(d) This award
remains in force until varied or rescinded, the period for which it was made
already having expired.
J. P. GRAYSON D.P.
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Printed by
the authority of the Industrial Registrar.