Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Employment Office.
(No. IRC 1772 of 2007)
Before Commissioner
Macdonald
|
3 October 2007
|
VARIATION
1. Delete clause
1, Arrangement of the award published 10 March 2006 (357 I.G. 1108) and insert
in lieu thereof the following:
PART A
1. Arrangement
PART A
Clause No. Subject Matter
Section 1 -
Framework
1. Arrangement
2. Title
3. Definitions
4. Application
5. Conditions
of Employment
6. Coverage
7. Statement
of Intent
8. Work
Environment
9. Grievance
and Dispute Settling Procedures
Section 2 -
Attendance/Hours of Work
10. Local
Arrangements
11. Working
Hours
12. Casual
Employment
13. Part-time
Employment
14. Morning
and Afternoon Breaks
15. Meal
Breaks
16. Variation
of Hours
17. Natural
Emergencies and Major Transport Disruptions
18. Notification
of Absence from Duty
19. Public
Holidays
20. Standard Working
Hours
21. Flexible
Working Hours
22. Rostered
Days Off for 38 Hour Week Workers
23. Non-Compliance
24. Flexible
Work Practices
25. Existing
Hours of Work Determinations
Section 3 - Travel
Arrangements
26. Travelling
Allowances - General
27. Excess
Travelling Time
28. Waiting
Time
29. Meal
Expenses on One day Journeys
30. Travelling
Allowances when staying in Non Government Accommodation
31. Travelling
Allowances when Staying in Government Accommodation
32. Restrictions
on payment of Travelling Allowances
33. Increase
or Reduction in Payment of Travelling Allowances
34. Production
of Receipts
35. Travelling
Distance
Section 4 -
Allowances and other matters
36. Camping
Allowances
37. Composite
Allowance
38. Allowance Payable
for Use of Private Motor Vehicle
39. Damage to
Private Motor Vehicle Used for Work
40. Camping
Equipment Allowance
41. Allowance
for Living in a Remote Area
42. Assistance
to Staff Members Stationed in a Remote Area When Travelling on Recreation Leave
43. Overseas
Travel
44. Exchanges
45. Room at
Home used as Office
46. Semi-official
Telephones
47. Flying
Allowance
48. Uniforms,
Protective Clothing and Laundry Allowance
49. Compensation
for Damage to or Loss of Staff Member’s Personal Property
50. Garage and
Carport Allowance
51. Forage for
Horses
52. Community
Language Allowance Scheme (CLAS)
53. First Aid
Allowance
54. Review of
Allowances Payable in Terms of This Award
Section 5 - Union
Consultation, Access & Activities
55. Trade Union
Activities Regarded as on Duty
56. Trade
Union Activities Regarded as Special Leave
57. Trade
Union Training Courses
58. Conditions
applying to On-Loan Arrangements
59. Period of
Notice for Trade Union Activities
60. Access To Facilities
by Trade Union Delegates
61. Responsibilities
of the Trade Union Delegate
62. Responsibilities
of the Trade Union
63. Responsibilities
of Workplace Management
64. Right of
Entry Provisions
65. Travelling
and Other Costs of Trade Union Delegates
66. Industrial
Action
67. Consultation
and Technological Change
68. Deduction
of Trade Union Membership Fees
Section 6 - Leave
69. Leave -
General Provisions
70. Absence
from Work
71. Applying
for Leave
72. Parental
Leave
73. Extended
Leave
74. Family and
Community Service Leave
75. Leave
Without Pay
76. Military
Leave
77. Observance
of Essential Religious or Cultural Obligations
78. Recreation
Leave
79. Annual
Leave Loading
80. Sick Leave
81. Sick Leave
- Requirements for Medical Certificate
82. Sick Leave
to Care for a Family Member
83. Sick Leave
- Workers Compensation
84. Sick leave
- Claims Other Than Workers Compensation
85. Special
Leave
Section 7 - Training and Professional Development
86. Staff
Development and Training Activities
87. Study
Assistance
Section 8 - Shiftwork and Overtime
88. Shift Work
89. Overtime -
General
90. Overtime
Worked by Shift Workers
91. Overtime
Worked by Day Workers
92. Recall to
Duty
93. On Call
(Stand-by) and On Call Allowance
94. Overtime
Meal Breaks
95. Overtime
Meal Allowances
96. Rate of
Payment for Overtime
97. Payment
for Overtime or Leave in Lieu
98. Compensation
for Additional Hours Worked by Duty Officer, State Emergency Services
99. Calculation
of Overtime
100. Provision
of Transport in Conjunction with Working of Overtime
Section 9 - Miscellaneous
101. Anti-Discrimination
101A Secure
Employment Test Case
102. Existing
Entitlements
103. Area,
Incidence and Duration
PART B
MONETARY RATES
Payment of Allowances - Rates
Table 1 - Allowances
Schedule A
Schedule B
2. Reformat the
numbering in the standard format of (a)(1)(i), and make consequential changes
to references and subclauses and paragraphs in the following clauses wherever
appearing in the award as follows:
Clauses 8, 9, 10, 12, 13, 15, 16, 30, 33, 92, and 101A.
3. Delete
"Public Employment Office" wherever appearing in the award, and
insert in lieu thereof the following:
"Director of Public Employment"
4. Delete "PEO"
wherever appearing in the award, and insert in lieu thereof the following:
"DPE"
5. Delete the
apostrophe in "Workers" in all references to "Workers
Compensation" and to the "Workers Compensation Act"
wherever appearing in the award.
6. Delete the definition
"Department" and "Public Employment Office" in clause 3,
Definitions and insert in lieu thereof the following:
Department means a Department specified in Column 1 of
Schedule 1, Part 1, to the Act.
Director of Public Employment or DPE has the same meaning as in the Public
Sector Employment and Management Act 2002.
7. Delete the
words "Crown Employees (Public Sector - Salaries 2004) Award in the
definition "Ordinary hourly rate of pay" in clause 3, and insert in
lieu thereof the following:
Crown Employees (Public Sector - Salaries 2007) Award
8. Insert an
apostrophe in "Officers" in the definition of "Association"
in clause 3.
9. Insert after
Schedule 1 in clause 6, Coverage the words and commas " , Part 1,"
10. Delete
"patter" in subparagraph (i) of paragraph (1) of subclause (c) of
clause 12, Casual Employment and insert in lieu thereof the following:
"pattern"
11. Delete
"94" in paragraph (2) of subclause (c) of clause 12, and insert in lieu
thereof the following:
"91"
12. Delete
"permanent" in paragraph (7) of subclause (a) of clause 13, Part-Time
Employment, and insert in lieu thereof the following:
"full-time"
13. Insert
"without loss of pay" after "from duty" in the first
sentence of subclause (a) of clause 19, Public Holidays.
14. Insert in
subclause (s) "or if directed to work, an additional half day's flex leave
on another day within that settlement period" after "Good Friday
public holiday" in clause 21, Flexible Working Hours.
15. Insert
"be" before "undertaken" in paragraph (3) of subclause (c)
of clause 27, Excess Travelling Time.
16. Insert
"a" after "to" and before "camping" in subclause
(c) of clause 36, Camping Allowances.
17. Insert
"(CLAS)" after "Scheme" in the clause title 52, Community
Language Allowance Scheme.
18. Delete the
comma at the end of subclause (b) of clause 53, First Aid Allowance, and insert
a full stop.
19. Substitute
"parental leave" in clause 72, Parental Leave, for "maternity,
adoption or other parent leave" wherever appearing in the clause except in
the first sentence.
20. Delete
subparagraph (4) of subclause (i) of clause 72, and insert in lieu thereof the
following:
(4) Staff member’s
request and the Department Head’s decision to be in writing
The staff member’s request under 72(h)(1) and the
Department Head’s decision made under 72(h)(2) must be recorded in writing.
21. Delete
subclause (j) of clause 72, and insert in lieu thereof the following:
(j) A staff member
has the right to his/her former position if she/he has taken approved leave or
part time work in accordance with subclause (h), and she/he resumes duty
immediately after the approved leave or work on a part time basis.
22. Delete the
duplicated (d) in clause 74, Family and Community Service Leave, and renumber
subclauses accordingly.
23. Delete the box
after the words "up to 4 weeks" in subclause (a) of clause 79, Annual
Leave Loading.
24. Delete
"the Government Medical Officer" in subclause (d), (e) and (g) of
clause 81, Sick Leave - Requirements for Medical Certificate, and insert in
lieu thereof the following:
"Healthquest"
25. Insert
"Act 1987" after "Workers Compensation" in subclause (a) in
the first sentence of clause 84, Sick Leave - Claims Other Than Workers
Compensation.
26. Move subclause
(d) Daylight saving, of clause 90, Overtime Worked By Shift Workers, to clause
88, Shift Work, and insert as a new subclause 88(n).
27. Delete the box
in paragraph (1) of subclause (b) of clause 91, Overtime Worked By Dayworkers,
and insert apostrophe in "members".
28. Delete the
second full stop in the first sentence of subclause (g) of clause 92, Recall to
Duty.
29. Delete the box
in subclause (a) of clause 94, Overtime meal breaks, and insert apostrophe in
"members".
30. Delete the box
in paragraph (6) of subclause (b) of clause 97, Payment for Overtime or Leave
in Lieu, and insert apostrophe in "members".
31. Insert words
and commas ", Part 1," after "Schedule 1" in subclause (a)
of clause 103, Area, Incidence and Duration.
32. Delete Part B
- Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Allowances
Effective 1 July 2007
Item No.
|
Clause No.
|
Description
|
Amount
|
|
|
|
$
|
1
|
|
Meal expenses on one day journeys
|
|
|
|
Capital cities and high cost country
centres
|
|
|
|
(see list in item 2)
|
|
|
29(1)
|
Breakfast
|
$20.20
|
|
29(2)
|
Dinner
|
$38.95
|
|
29(3)
|
Lunch
|
$22.65
|
|
|
Tier 2 and other country centres
|
|
|
|
(see list in item 2)
|
|
|
29(1)
|
Breakfast
|
$18.05
|
|
29(2)
|
Dinner
|
$35.60
|
|
29(3)
|
Lunch
|
$20.65
|
2
|
|
Travelling allowances when staying in non-
|
|
|
|
govt accommodation
|
|
|
30(2)(a)
|
Capital cities
|
Per day
|
|
|
Adelaide
|
$242.25
|
|
|
Brisbane
|
$253.25
|
|
|
Canberra
|
$211.25
|
|
|
Darwin
|
$238.25
|
|
|
Hobart
|
$201.25
|
|
|
Melbourne
|
$247.25
|
|
|
Perth
|
$233.25
|
|
|
Sydney
|
$280.25
|
|
30(2)(a)
|
High cost country centres
|
Per day
|
|
|
Alice Springs (NT)
|
$195.25
|
|
|
Ballarat (VIC)
|
$199.25
|
|
|
Bendigo (VIC)
|
$204.75
|
|
|
Broome (WA)
|
$250.25
|
|
|
Bunbury (WA)
|
$194.25
|
|
|
Burnie (TAS)
|
$210.75
|
|
|
Carnarvon (WA)
|
$206.75
|
|
|
Christmas Island (WA)
|
$217.25
|
|
|
Cocos (Keeling) Island
|
$197.25
|
|
|
Dampier (WA)
|
$247.25
|
|
|
Derby (WA)
|
$236.25
|
|
|
Devonport (TAS)
|
$203.75
|
|
|
Emerald (QLD)
|
$193.75
|
|
|
Exmouth (WA)
|
$224.75
|
|
|
Geraldton (WA)
|
$194.25
|
|
|
Gold Coast (QLD)
|
$215.25
|
|
|
Halls Creek (WA)
|
$222.25
|
|
|
Horn Island (QLD)
|
$216.25
|
|
|
Jabiru (NT)
|
$287.25
|
|
|
Kadina (SA)
|
$194.25
|
|
|
Kalgoorlie (WA)
|
$199.75
|
|
|
Karratha (WA)
|
$286.25
|
|
|
Kununurra (WA)
|
$244.25
|
|
|
Launceston (TAS)
|
$198.25
|
|
|
Mackay (QLD)
|
$197.25
|
|
|
Maitland (NSW)
|
$195.75
|
|
|
Mount Gambier (SA)
|
$194.25
|
|
|
Mount Isa (QLD)
|
$207.25
|
|
|
Naracoorte (SA)
|
$193.25
|
|
|
Newcastle (NSW)
|
$202.25
|
|
|
Newman (WA)
|
$233.25
|
|
|
Norfolk Island
|
$195.25
|
|
|
Port Hedland (WA)
|
$276.75
|
|
|
Port Lincoln (SA)
|
$193.25
|
|
|
Port Macquarie (NSW)
|
$200.25
|
|
|
Portland (VIC)
|
$198.25
|
|
|
Thursday Island (QLD)
|
$262.25
|
|
|
Wagga Wagga (NSW)
|
$197.75
|
|
|
Warrnambool (VIC)
|
$196.75
|
|
|
Weipa (QLD)
|
$222.25
|
|
|
Whyalla (SA)
|
$194.25
|
|
|
Wollongong (NSW)
|
$195.75
|
|
|
Wonthaggi (VIC)
|
$208.25
|
|
|
Yulara (NT)
|
$410.25
|
|
30(2)(a)
|
Tier 2 country centres
|
Per day
|
|
|
Albany (WA)
|
$180.75
|
|
|
Bairnsdale (VIC)
|
$180.75
|
|
|
Bathurst (NSW)
|
$180.75
|
|
|
Bordertown (SA)
|
$180.75
|
|
|
Bright (VIC)
|
$180.75
|
|
|
Broken Hill (NSW)
|
$180.75
|
|
|
Cairns (QLD)
|
$180.75
|
|
|
Castlemaine (VIC)
|
$180.75
|
|
|
Ceduna (SA)
|
$180.75
|
|
|
Dalby (QLD)
|
$180.75
|
|
|
Dubbo (NSW)
|
$180.75
|
|
|
Echuca (VIC)
|
$180.75
|
|
|
Esperance (WA)
|
$180.75
|
|
|
Gladstone (QLD)
|
$180.75
|
|
|
Horsham (VIC)
|
$180.75
|
|
|
Innisfail (QLD)
|
$180.75
|
|
|
Orange (NSW)
|
$180.75
|
|
|
Port Augusta (SA)
|
$180.75
|
|
|
Renmark (SA)
|
$180.75
|
|
|
Roma (QLD)
|
$180.75
|
|
|
Seymour (VIC)
|
$180.75
|
|
|
|
Per Day
|
|
30(2)(a)
|
Other country centres
|
$170.75
|
|
30(2)(b)
|
Incidental expenses when claiming actual
|
$15.45
|
|
|
expenses - all locations
|
|
|
30(5)
|
Daily allowance payable after 35 days and
|
50% of the appropriate
|
|
|
up to 6 months in the same location - all
|
location rate
|
|
|
locations
|
|
3
|
31
|
Government accommodation - incidental
|
$15.45
|
|
|
expenses
|
|
4
|
|
Camping allowance
|
Per night
|
|
36(b)(1)
|
Established camp
|
$25.20
|
|
36(b)(1)
|
Non established camp
|
$33.35
|
|
36(b)(2)
|
Additional allowance for staff who camp in
|
$7.95
|
|
|
excess of 40 nights per year
|
|
5
|
37(b)
|
Composite allowance (per day)
|
$120.30
|
6
|
|
Use of private motor vehicle
|
Cents per kilometre
|
|
38(c)
|
Official business
|
|
|
|
Engine capacity-
|
|
|
|
2601cc and over
|
83.0
|
|
|
1601cc-2600cc
|
77.3
|
|
|
1600cc or less
|
55.3
|
|
38(c)
|
Casual rate
|
|
|
|
Engine capacity-
|
|
|
|
2601cc and over
|
29.5
|
|
|
1601cc-2600cc
|
27.4
|
|
|
1600cc or less
|
23.1
|
|
|
Motor cycle allowance
|
|
|
|
Normal business
|
36.4
|
|
38(h)(2)
|
During transport disruptions
|
18.3
|
|
38(g)
|
Towing trailer or horse float
|
10.7
|
|
|
Transport allowance
|
|
|
|
Engine capacity-
|
|
|
|
Over 1600cc
|
35.4
|
|
|
1600cc and under
|
29.6
|
7
|
|
Camping equipment allowance
|
Per night
|
|
40(b)
|
Camping equipment allowance
|
$24.90
|
|
40(c)
|
Bedding and sleeping bag
|
$4.15
|
8
|
|
Remote areas allowance
|
Per annum
|
|
|
With dependants
|
|
|
41(b)(1)
|
- Grade A
|
$1597 pa
|
|
41(b)(2)
|
- Grade B
|
$2118 pa
|
|
41(b)(3)
|
- Grade C
|
$2829 pa
|
|
|
Without dependants
|
|
|
41(b)(1)
|
- Grade A
|
$1114 pa
|
|
41(b)(2)
|
- Grade B
|
$1485 pa
|
|
41(b)(3)
|
- Grade C
|
$1982 pa
|
9
|
42(a)
|
Assistance to staff members stationed in a
|
|
|
|
remote area when travelling on recreation
|
|
|
|
leave
|
|
|
|
By private motor vehicle
|
Appropriate casual rate
|
|
|
|
up to a maximum of
|
|
|
|
2850 kms less $39.35
|
|
|
Other transport - with dependants
|
Actual reasonable
|
|
|
|
expenses in excess of
|
|
|
|
$39.35 and up to
|
|
|
|
$263.70
|
|
|
Other transport - without dependants
|
Actual reasonable
|
|
|
|
expenses in excess of
|
|
|
|
$39.35 and up to
|
|
|
|
$130.20
|
|
|
Rail travel
|
Actual rail fare less
|
|
|
|
$39.35
|
10
|
43
|
Insurance cover
|
Up to $A 1,173
|
11
|
44(b)
|
Exchanges
|
Actual cost
|
12
|
45(a)
|
Room at home used as office
|
$728pa
|
13
|
93(a)
|
On-call (stand-by) and on-call allowance
|
0.73 per hour
|
|
|
(effective ffpp
on or after 1 July 2007)
|
|
14
|
47
|
Flying allowance (effective ffpp
on or after 1
|
$15.60 per hour
|
|
|
July 2007)
|
|
15
|
48(a)
|
Uniforms, protective clothing and laundry
|
$3.85 per week
|
|
|
allowance
|
|
16
|
50(a)
|
Garage and carport allowance
|
Per annum
|
|
|
- Garage allowance
|
$515 pa
|
|
|
- Carport allowance
|
$114 pa
|
17
|
52(a)
|
Community language allowance scheme
|
Per annum
|
|
|
(effective ffpp
on or after 1 July 2007)
|
|
|
|
- Base Level Rate
|
$1036 pa
|
|
|
- Higher Level Rate
|
$1,556 pa
|
18
|
53(a)
|
First aid allowance (effective ffpp
on or after
|
Per annum
|
|
|
1 July 2007)
|
|
|
|
- Holders of basic qualifications
|
$666 pa
|
|
|
- Holders of current occupational first
aid
|
$1002 pa
|
|
|
certificate
|
|
19
|
95(a)
|
Overtime meal allowances
|
Effective 1 July 2007
|
|
|
Breakfast
|
$22.60
|
|
|
Lunch
|
$22.60
|
|
|
Dinner
|
$22.60
|
|
|
Supper
|
$8.70
|
|
|
|
|
|
A. W. MACDONALD, Commissioner.
____________________
Printed by the
authority of the Industrial Registrar.