Crown Employees (Security and General Services) Award 2024
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by Industrial Relations Secretary.
(Case No. 344191 of 2024)
|
Before The
Honourable Justice Chin, Vice President
|
19
September 2024
|
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject
Matter
1. Arrangement
2. Monetary Rates
3. Definitions
4. Contract of Employment
5. Hours
6. Rostered Days Off Duty
7. Rates of Pay
8. Consultation
9. Additional Rates
10. Shift Allowances
11. Saturday and Sunday Work During Ordinary
Hours
12. Payment of Wages
13. General Conditions
14. Travelling Time and Expenses
15. Outside Duties
16. Lifting of Weights
17. Sunday Work
18. Overtime
19. Call Back
20. Mixed Functions
21. Sick Leave/Personal Carer's Leave
22. Public Holidays
23. Recreation Leave
24. Family and Community Services/Personal
Carer’s Leave
25. Parental Leave
26. Extended Leave/Long Service Leave
27. Domestic and Family Violence Leave
27A. Leave
for employees providing support to people experiencing domestic and family
violence
28. Other Forms of Leave
29. Anti-Discrimination
30. Dispute Resolution
31. Non-Reduction of Existing Wages
32. Deduction of Union Membership Fees
33. No Extra Claims
34. Area, Incidence and Duration
PART B
2. Monetary Rates
Table 1 - Rates
of Pay
Table 2 -
Allowances
3. Definitions
Act means the Government Sector Employment Act 2013.
Afternoon Shift
means any shift finishing after 6.00 p.m. and at or before midnight.
Broken Shifts means
the working of two or more shifts per day by an employee within the ordinary
hours as specified in subclause (iii) of clause (5), Hours.
Casual Employee
means an employee engaged and paid as such and who may be employed for a period
of not more than ten (10) consecutive working days for each engagement but will
not include an employee required to work a constant number of ordinary hours each
week.
Conditions Award
means the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009, or any award replacing it.
Day means the
period from midnight to midnight.
Head means as
defined in the Act in respect of a Public Service agency.
Early Morning Shift
means any shift commencing at or after 5.00 a.m. and before 6.30 a.m.
General Services
Officer Grade 1 - An employee engaged as a General Service Officer Grade 1 may
be required to carry out a range of duties, which may include:
Making
and/or serving morning or afternoon teas or lunches or other meals including
washing up and other duties in connection with such work. In addition, they may
undertake a range of routine tasks under close supervision with set
instructions, including basic clerical functions.
General Services
Officer Grade 2 - An employee engaged as a General Service Officer Grade 2 may
be required to carry out a range of duties, which may include:
Cleaning work
of any description or the bringing into or maintaining of premises in a clean
condition in Government offices, courthouses, police stations, technical
colleges and other Government establishments.
General
Services Officer Grade 3 - An employee engaged as a General Service Officer
Grade 3 may be required to carry out a range of duties which may include but
not be limited to any of the following:
(a) Pick up and delivery of parcels, goods
and furniture
(b) General maintenance of departmental cars
and parking areas
(c) Furniture removal and storage
(d) Driving of departmental motor vehicles as
required including loading and unloading
(e) Relief security duties
(f) or clerical functions as required
(g) or cleaning and gardening as required
(h) Other duties as required
(i) Routine or minor maintenance of such a
nature so as not to require a qualified tradesperson
Part-Time
Employee means an employee engaged by the week but who is required to work a
constant number of ordinary hours each week less than the ordinary number of
hours prescribed for weekly employees.
Night
Shift means any shift finishing subsequent to midnight and at or before 8.00
a.m. or any shift commencing at or after midnight and before 5.00 a.m.
Security
Officer - Grade 1 means a person employed in one or more of the following
capacities:
(a) to watch, guard or protect persons and/or
premises and/or property,
(b) to respond to basic fire/security alarms
at their designated site,
(c) to monitor a single closed circuit
television unit recording from a stationary camera,
(d) as an employee stationed at an entrance
and/or exit whose principal duties will include the control of movement of
persons, vehicles, goods and/or property coming out of or going into premises
or property and including vehicles carrying loads of any description. This is
to ensure that the quantity and description of such goods accords with the
requirements of the relevant document and/or gate pass. The employee may also
have other duties to perform, including as an area or door attendant or
commissionaire in a commercial building;
A security
officer Grade 1 may perform incidental duties that need not be of a security
nature.
Security Officer -
Grade 2 means a person who is employed as one of the following:
(a) A mobile patrol officer. This means an
employee who is required to patrol two or more premises in a vehicle. It also includes a security officer who, in
order to perform their designated duties
is required, as an integral part of those duties, to use a motor vehicle, or
(b) A security officer who, as part of the
shift or duty is required to monitor and act upon intrusion, detection
equipment or access control equipment terminating in a televised display or
computerised print-out;
A security
officer Grade 2 may perform incidental duties which need not be of a security
nature.
(c) A caretaker whose presence is required
for the protection, good order or convenient use of premises, and/or the
cleanliness or upkeep of such, including routine or minor maintenance, but the
work is not of a nature that requires a qualified tradesperson. A caretaker may
also be required to receive and distribute stores.
Security
Officer - Grade 3 means a person employed substantially in a security and/or
data input and/or a monitoring function within a central station and
principally occupied in one or more of the following duties -
Monitoring,
recording, inputting information or reacting to signals and instruments related
to electronic surveillance of any kind; co-ordinating, checking or recording
the activities of mobile patrol officers and static security officers;
operating or monitoring any medium of verbal communication; or
A person, who
in addition to performing the duties defined in Grade 2(b), monitors or acts
upon integrated intelligent building management systems terminating at a visual
display unit or computerised print-out that has the capacity for and requires
data input from the security officer.
Seven
Day Shift Worker: for purposes of this award, a seven day shift worker means an
employee whose ordinary working period includes Saturdays, Sundays and/or
Public Holidays on which the employee may be regularly rostered for work.
Union
means the United Workers Union.
Weekly
Employee means an employee engaged and paid by the week or fortnight, as the
case may be.
4. Contract of Employment
(i) Employees under this award will be
engaged either as weekly employees, part-time employees, or casual employees.
(ii) An employer may direct an employee covered
by this award to carry out such duties as are within the limits of the
employee's skill, competence and training.
(iii) The employer will clearly display at some
place accessible to the employees, the commencing and ceasing time of ordinary
hours of work. One week’s notice must be
given for any change to such hours, otherwise payment of overtime is incurred.
Less than one week's notice may be given by mutual agreement between the
employer and the employee.
(iv) The employment of any employee other than a
casual employee will be terminated only by one week's notice or by the payment
or forfeiture, as the case may be, of one week's wages in lieu thereof.
(v) The employment of a resident Security
Officer Grade 2b or 2c (as defined) engaged by the week will only be terminated
by three weeks' notice or by the payment or forfeiture, as the case may be, of
three week's wages in lieu thereof.
(vi) The employment of a casual employee may be
terminated by one hour's notice.
(vii) Notwithstanding the foregoing provisions,
the employer may dismiss an employee at any time for misconduct or serious
misconduct and then will be liable for payment only up to the time of
dismissal.
(viii) Termination of employment by an employer will
not be harsh, unjust, or unreasonable.
For the
purposes of this clause termination of employment will include terminations
with or without notice.
Termination on
the ground of race, colour, sex, marital status, family responsibilities,
pregnancy, religion, political opinion, national extraction and social origin
will constitute harsh, unjust, or unreasonable termination of employment. This definition, without limiting the above,
applies except where a distinction, exclusion, or preference is based on the
inherent requirements of a particular position.
(ix) On the termination of employment the
employer will, at the request of the employee, give such employee a statement
signed by the employer, stating the period of employment and when the
employment terminated.
(x) On the termination of employment an
employee will return to the employer all uniforms, identity cards, vehicles,
keys and all other items issued to employees.
(xi) Mechanisation and Technological Changes -
Three months' notice of termination of employment must be given to an employee
who has been employed for at least twelve months and has had their services
terminated on account of the introduction, or proposed introduction, by an
employer of mechanisation or technological changes in the industry in which the
employer is engaged. This applies notwithstanding the provisions of subclauses
(iii) and (iv).
(xii) If there is a failure to give such notice in
full:
(a) the employee will be paid at the rate
specified for the employee's ordinary classification set out in Part B, Table 1
of this award, for a period equal to the difference between three months and
the period of the notice given; and
(b) the period of notice required by this
subclause to be given will be deemed to be service with the employer for the
purpose of the Long Service Leave Act
1955, the Annual Holidays Act 1944, Government Sector Employment Act 2013 or
any Act, amending or replacing any of those Acts. The right of the employer summarily to
dismiss an employee for the reasons specified in subclause (vi), of this
clause, will not be prejudiced by the fact that the employee has been given
notice pursuant to this subclause of the termination of the employment.
An employer
who gives an employee notice of the termination of employment on grounds as set
out in subclause (xi), must within fourteen days thereafter, give notification
of the fact in writing to the Industrial Registrar, and the Secretary of United
Workers Union New South Wales Branch. The employer must state the employee's
name, address and usual occupation and the date when the employment terminated
in accordance with the notice given.
5. Hours
(i) Security Officers: (Other than
Caretakers)
(a) Subject to the provisions of clause 6,
Rostered Days Off Duty, ordinary hours of Security Officers will not exceed one
hundred and fifty-two in each roster period of twenty consecutive days. Such
hours will be worked in not more than twenty shifts in each roster period. The
shifts will not be more than eight consecutive hours in duration and only one
shift will be worked in any period of twenty-four hours.
(b) Except in the case of change of shifts,
notice of which has been given in accordance with subclause (iii), of clause 4,
Contract of Employment, of this award, not more than six consecutive shifts in
any period of seven consecutive days will be worked without the payment of
overtime.
(c) The arrangement of working hours, as set
out herein may be altered by agreement between the employer and the union.
(d) In all cases shifts shall be continuous
and time will start from the commencement of the shift.
(e) After four hours and no later than five
hours from the commencement of each shift, a crib time of not less than thirty
minutes will be allowed, where it is reasonably practicable to do so. Time allowed as crib time will be regarded as
time worked and will be paid for as such.
(ii) Caretakers:
(a) The ordinary working hours, exclusive of
meal breaks, will be an average of 38 per week. The hours will be worked in
shifts of no more than 8 hours duration from Monday to Friday inclusive.
In
establishments operating Monday to Sunday the ordinary working hours will be an
average of 38 per week. The hours will be worked in 5 shifts of no more than 8
hours duration from Monday to Sunday inclusive.
(b) The employer will fix the time for working
such hours on such days in one, two or three shifts.
(iii) General Service Officers Grade 2 & 3,
(Cleaners and Basement Attendants)
The ordinary
working hours, exclusive of meal breaks, will not exceed an average of
thirty-eight per week. Such hours will be worked as follows -
(a) Day Workers: Between 6.30 a.m. and 6.00
p.m. Monday to Friday, inclusive. These
hours will be worked on each day in one or two shifts of not more than eight
hours total duration. An employee may commence thirty minutes earlier than the
normal starting time or the ceasing time may be extended by thirty
minutes. This thirty minutes may be
divided between the starting and ceasing time if mutually agreed to by the
employer and the employee.
(b) Afternoon Shift Workers: Between 4.00 p.m.
and 12 midnight, Monday to Friday, inclusive, to be worked in one shift of no
more than eight hours daily.
(c) Early Morning Shift Workers: Between 5.00
a.m. and 2.00 p.m., Monday to Friday, inclusive, to be worked in one shift
daily of no more than eight hours' duration.
(d) Broken Shift Workers: Between 6.30 a.m.
and 6.00 p.m. Monday to Friday inclusive, to be worked in two shifts daily,
subject to the provisions of subclause (a) with respect to alterations in
starting and ceasing times.
(e) Night Shift Workers: Five shifts of not
more than eight hours each, between 10.00 p.m. on Sundays and 6.30 a.m. on the
succeeding day (Sunday to Friday) or five shifts of not more than eight hours
between 6.00 p.m. and 6.30 a.m. on each day, Monday to Saturday, inclusive.
(f) In establishments operating from Monday
to Sunday the ordinary working hours will be an average of 38 per week which
will be worked in 5 shifts of no more than 8 hours duration from Monday to
Sunday inclusive. This is subject to the provisions of paragraphs (a), (b),
(c),(d) and (e) of this subclause.
(iv) General Services Officer Grade 1
The ordinary
working hours, exclusive of meal times will not exceed an average of
thirty-eight per week or eight per day. Such hours will be worked in one or two
shifts per day between 7.00 a.m. and 6.00 p.m. Monday to Friday inclusive.
In
establishments operating from Monday to Sunday the ordinary working hours will
be an average of 38 per week, which will be worked in one or two shifts per day
between 7 a.m. and 6 p.m. from Monday to Sunday inclusive.
(v) Casual Employees
For casual
employees the ordinary working hours will not exceed eight hours on any day or
night or shift without the payment of overtime.
(vi) Meal Breaks: (Other than Security Officers)
A meal break
of not less than thirty minutes and not more than one hour will be allowed for
a meal. An employee will not be required to work for more than five hours
without a meal break. The provisions of
this subclause will also apply to Caretakers (Security Officer Grade 2).
6. Rostered Days Off Duty
(i) Four-Week Work Cycle - Accrual
Provisions:
(a) Shiftworkers - Weekly Employees
Employees on
shift work will accrue 0.4 of an hour for each eight-hour shift worked to allow
one complete shift to be taken off as a paid shift during every shift
cycle. This shift will be paid for at
the appropriate shift rate as prescribed by clause 10, Shift Allowances, of
this award.
(b) Dayworkers - Weekly Employees
The ordinary
working hours will be worked as a twenty-day four-week cycle, Monday to Friday
inclusive. The cycle consists of nineteen working days of eight hours each,
with 0.4 of one hour on each day worked accruing as an entitlement to take the
twentieth day in each cycle as a day off paid for as though worked.
(c) Part-Time Employees
Accrual of
rostered day off credits for part-time employees may be accounted for in the
calculation of the part-time rates. The rate includes provision for automatic
crediting of one twentieth of all time worked towards rostered days actually
taken as provided in subclause (iii) of this clause.
(ii) Accrual and Paid Leave:
Each day of
paid leave taken (excluding long service/extended leave and workers'
compensation/accident leave) and leave without pay during periods of closedowns
occurring during any cycle of four weeks, will be regarded as a day worked for
accrual provisions.
(iii) Rostering - Four Week Cycle:
(a) Rostered days off will be scheduled by
mutual agreement between employees and the employer. This does not preclude an
individual employee with the employer’s agreement, substituting another day for
their rostered day off.
(b) Except as provided by paragraph (c) of
this subclause, at least four weeks’ notice will be given to an employee of the
weekday he/she is to be rostered off duty.
(c) In the case of a breakdown of machinery
or to meet the requirements of the establishment, the employer may, with the
agreement of the majority of employees concerned, substitute another day for
the employee’s rostered day off.
(d) Under normal conditions, employees on a
rostered day off that coincides with a pay day will be paid no later than the
working day immediately following pay day.
(e) Rostered days off may accumulate and in
the case of school/college locations may be scheduled during vacation periods
to suit the needs of the employer. Dates for the taking of such accumulated
leave shall be agreed between the employer and the employee.
(iv) Rostered Day Off Falling on a Public
Holiday:
In the event
of an employee's rostered day off falling on a public holiday, the employee and
the employer will agree to an alternative day off duty as a substitute. In the
absence of agreement, the substituted day shall be determined by the employer.
(v) Work on Rostered Day Off Duty:
Subject to
subclause (iii), Rostering - Four Week Cycle, of this clause, any employee
required to work on their rostered day off will only be paid in accordance with
the provisions of clause 18, Overtime, of this Award.
(vi) Sick Leave and Rostered Days Off:
Employees are
not eligible for sick leave in respect of absences on rostered days off as such
absences are outside their ordinary hours of duty.
7. Rates of Pay
Rates of pay and
allowances for classifications covered by this Award are provided for by the
Crown Employees Wages Staff (Rates of Pay) Award 2024 or any instrument
replacing it.
(i) Weekly Employees - A weekly employee will
be paid according to the rate for the classification as set out in Table 1 of
Part B of the Award.
(ii) Part-Time Employees -
General
Services Officer Grade 2 (Cleaners)
(a) Part-time employees will be paid at an
hourly rate as set out in Table 1 of Part B for all ordinary time worked and
for all paid leave.
(b) The part-time rate includes provision for
automatic crediting of one twentieth of all time worked towards rostered days
as provided for in paragraph (c) of subclause (i) of clause 6, Rostered Days
Off Duty.
(c) The hourly rate prescribed by paragraph
(a) of this subclause will be adjusted by the percentage movements in the
weekly rate for a General Services Officer Grade 2 in subclause (i).
All Other Part
Time Employees:
(a) For each hour worked during ordinary
time, part time employees will be paid the hourly equivalent of the appropriate
weekly rate of pay prescribed by subclause (i) of this clause plus an
additional amount of ten per cent.
(b) The hourly equivalent for the purposes of
this subclause will be based on 38 hours where a part-time employee is not
accruing credits towards rostered days off but is paid only for hours worked.
(c) The hourly equivalent for the purposes of
this subclause shall be based on 40 hours where a part-time employee is
accruing credit for time worked towards rostered days off as provided for in
paragraph (c) of subclause (i) of clause 6, Rostered Days Off Duty.
A minimum
payment of three hours will be made for each start. Part-time cleaners in small
locations may be engaged on two hours per start where the total assessed
cleaning area is 500 square metres or more, and no less than one hour per shift
where the total assessed cleaning area is less than 500 square metres.
(iii) Casual Employees:
(a) A casual employee for working ordinary
time will be paid per hour one thirty-eighth of the weekly wage prescribed by
this award for the class of work performed, plus 15 per cent.
(b) A minimum payment of four hours will be
made for each start in the case of security officers and three hours for each
start in the case of all other employees.
(iv) The hourly rates of pay prescribed in
subclause (ii) and (iii) of this clause, will be calculated to the nearest
whole cent.
8. Consultation
Agencies covered by
this award will establish a consultative mechanism and procedures appropriate
to their size, structure and needs for consultation and negotiation on matters
affecting their efficiency and productivity.
9. Additional Rates
(i) Leading Hands Allowance:
Employees
placed in charge of other employees will be paid a weekly amount as set out in
Item 1 of Table 2 in addition to their ordinary wages.
(ii) Qualification Allowance:
An employee
acting as a leading hand or a caretaker who has successfully completed a
Cleaning Supervisors' Course or a course deemed by the employer to be of
equivalent qualification, will be paid an additional weekly amount as set out
in Item 2 of Table 2. This amount will be part of the ordinary rate of pay for
all award purposes.
(iii) First Aid Allowance:
An employee
who is a qualified first-aid attendant and is employed to carry out the duties
of a qualified first-aid attendant will be paid an additional weekly amount as
set out in Item 3 of Table 2.
(iv) Boiler Attendant's Certificate
An employee
required to hold a Boiler Attendant's Certificate will be paid a weekly
allowance as set out in Item 4 of Table 2 in addition to the ordinary rate of
pay.
(v) Refrigeration Driver's Certificate
An employee
required to hold a Refrigeration Driver's Certificate of competency, 1st or 2nd
Class (Air Conditioning) will be paid a weekly allowance as set out in Item 5
of Table 2 in addition to the ordinary rate of pay.
(vi) Contingency Allowance:
Employees
engaged on any or all of the following duties
(a) refuse disposal and/or sorting for
incinerators and furnaces,
(b) cleaning of ablution facilities,
(c) clearing of minor plumbing blockages,
(d) receiving appropriate stores or minor
repair of non-electrical equipment,
will be paid a
weekly allowance as set out in Item 6 of Table 2.
(vii) Toilet Allowance:
An employee
required to work in toilets, on outside steps, outside marble or outside brass
or required to scrub marble, terrazzo, rubber floor corridors or stairs which
necessitate the employee kneeling will be paid an additional weekly amount as
set out in Item 7 of Table 2.
The cleaning
of single sex toilets may be undertaken by both male and female cleaners as
long as appropriate steps are taken to ensure that the toilets are not in use
at the time of cleaning. Appropriate warning signs are to be supplied by the
employer.
The toilet
allowance is not applicable for an employee receiving the contingency allowance
set out in Item 6 of Table 2.
(viii) Multi-Purpose Machines Allowance:
Employees
required to use multi-purpose machines, mobile sweeping machine and other
similar mechanical equipment or operate fork lifts will whilst so employed be
paid an additional amount per shift or part thereof as set out in Item 8 of
Table 2.
NOTE: A
multi-purpose machine is one that performs three or more functions.
(ix) Furniture Removal Allowance:
Cleaners
required to be engaged in furniture removal for more than three hours on any
day or shift will be paid an additional allowance per shift as set out in Item
9 of Table 2.
(x) Torches:
Where an
employee is required to carry a torch, it will be provided and maintained in
full working order by the employer. Employees providing their own torches will
be paid an allowance per shift as set out in Item 10 of Table 2 to cover the
replacement of torch globes and batteries.
(xi) Laundry Allowance:
Overalls and
coveralls and any uniform where supplied or required to be worn by the employee
will be laundered or dry-cleaned at the employer's expense. In lieu of this, a
laundry allowance as set out in Item 11 of Table 2 may be paid for each
ordinary shift worked. In the case of security officers this subclause will
apply to shifts worked in accordance with the provisions of clause 5 (i)(b),
Hours of this Award.
(xii) Locomotion Allowance:
An employee
required by the employer to use a motor cycle or other motor vehicle will have
such vehicle supplied and maintained by the employer. If the employee uses his/her own vehicle they
will be reimbursed each week for each shift worked at the rate set out in Item
12 of Table 2. The employer will reimburse the employee for the cost of fuel
used on the employer's business. In the case of an employee providing a bicycle
for use in the employer's business the payment will be as set out in Item 14 of
Table 2 for each shift worked.
The locomotion
allowance will only be paid where the use of a motor vehicle etc. is essential
to the performance of an employee's main function.
The locomotion
allowance does not apply to caretakers, who are eligible to receive allowances
in accordance with Item 13 of Table 2. An employee receiving the locomotion
allowance is not eligible to also receive a motor vehicle allowance as set out
in Item 13.
(xiii) Motor Vehicle Allowances:
(a) Employees authorised to use a private
motor vehicle in the performance of their duties where no public transport is
available, or where the use of public transport is not appropriate for the
particular duty concerned, will be paid additional rates as set out in Item 13
of Table 2.
(b) The rates contained in paragraph (a) are
based on and will move in accordance with the "Official Business
Rate" payable under the provisions of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009 as varied, or any variation or
replacement award.
(c) Where public transport is available
employees may use such transport for approved travel and be reimbursed for the
costs incurred.
(d) Employees may elect to use a private motor
vehicle (where the use of such is so authorised) and be paid additional rates
as set out in Item 13 of Table 2 up to the cost of the available public
transport.
(e) An employee receiving a motor vehicle
allowance pursuant to this subclause will not also receive a locomotion
allowance under Item 12 of Table 2.
10. Shift Allowances
(i) The following additional allowances for
shift work will be paid to employees other than Caretakers in respect of work
performed during ordinary hours of shift as defined in clause 3, Definitions,
of this award:
|
|
Percentage
|
|
|
|
|
Early Morning
Shift
|
10%
|
|
Afternoon Shift
|
15%
|
|
Night Shift,
rotating with day or afternoon shift
|
17.5%
|
|
Night Shift,
non-rotating
|
30%
|
(ii) Caretakers:
The following
additional allowances shall be paid per hour:
|
Between the hours
of 9.00 p.m. and midnight -
|
15%
|
|
Between the hours
of midnight and 6.00 a.m. -
|
30%
|
(iii) Broken Shifts
(a) Employees working broken shifts will be
paid an additional daily amount as set out in Item 15 of Table 2 of Part B, of
the Award for each day so worked.
(b) Employees working broken shifts will also
be paid a weekly excess fares allowance as set out in Item 15 of Table 2 of
Part B, of the Award.
NOTE: An employee receiving broken shift allowance
under the provisions of this subclause will not receive the allowances provided
for under subclause (i) and (ii) of this clause.
11. Saturday and Sunday Work During Ordinary
Hours
(i) Employees required to work their ordinary
hours on a Saturday or Sunday will be paid for all time so worked at the
following rates:
|
Saturday Work
|
time and one-half
|
|
Sunday Work
|
double time
|
(ii) The allowances prescribed in this clause
will be in substitution for and not cumulative upon, the shift work allowances
prescribed in clause 10, Shift Allowances, of this award.
(iii) For the purpose of this clause, the rates
prescribed will apply in respect of ordinary hours of work only and will apply
to all employees including casual employees.
12. Payment of Wages
(i) All wages will be paid fortnightly by
electronic funds transfer on a Thursday as determined by the employer, and not
more than forty-eight hours from the time when such wages become due.
(ii) Wages are to be paid into an employee’s
bank or other account as specified by the employee. The employer will specify
the day upon which wages shall be paid into such account.
(iii) An employee kept waiting for wages on a
payday will be deemed to be working during the time kept waiting. When wages are not paid into the employee’s
bank or other account on the due date, the employee must notify the employer of
such. The employer must make every
endeavour within two full working days to ensure the appropriate credit is paid
into the nominated account, or that the issuing of a cheque for the appropriate
amount is undertaken. This provision
will not apply where circumstances preventing payment of wages in such a manner
is beyond the employer’s control.
(iv) If payment is not made by the end of the
two-day period, the employee is entitled to payment at overtime rates for
performance of the next full day’s work.
The provisions set out in subclauses (i) to (iv) do not apply to periods
of employment that are less than one full pay period.
(v) Casual employees will be paid within one
hour of termination of employment. Wages
may in some circumstances be paid by cheque.
13. General Conditions
(i) Security Officers - All Grades
(a) Security Licence: A Security Officer
required to hold a Class 1 or Class 2 Security Licence pursuant to the
provisions of the Security Industry Act
1997 will have the cost of such licence reimbursed by the employer.
Reimbursement will be made on completion of each twelve months or five years’
service, whichever applies to the term of the licence held.
(b) Training:
All full-time
Security Officers who during their current employment are required to undertake
an approved training course nominated by the employer and as required by the
provisions of the Security Industry Act
1997 (and Regulations), will have the costs of such training courses reimbursed
by the employer. This is provided that the undertaking of the said training
course is a requirement of the employee's current position.
Reimbursable
costs as referred to in paragraph 1(a) of this subclause will include excess
travelling expenses relating to the attendance at the said courses.
Employees will
be granted time off without loss of pay during ordinary hours to attend
training courses as referred to in this subclause.
In cases where
the courses are to be held outside the rostered shift of the employee required
to attend the course, then:
The rostered
shift should be altered so that the employee can attend during ordinary working
hours; or
For the time
spent attending the course, the employee can be granted time off in lieu on an
hour for hour basis at a time convenient to the employer; or
The employee
will be paid for attending the course at ordinary time rates without the
addition of penalties. Such attendance
will not form part of the employee's ordinary roster for the purpose of clause
5, Hours, of this Award.
(c) The employee may elect which is the
preferred option from the above. The final determination regarding the option
to be applied lies with the employer, having regard to the needs of the
establishment.
(ii) Security Officer Grade 2(b) and 2(c)
(a) Where a Security Officer Grade 2b or 2c
(as defined) is provided with accommodation, a deduction may be made from the
wages for rent, fuel and lighting. The deduction will not be more than the
amount set out in Item 16 of Table 2.
(b) An employer will not require a resident
Security Officer Grade 2b or 2c to vacate living quarters during annual leave
period for use by a relieving caretaker, unless such arrangements are mutually
agreed to between the said employee and the relieving employee.
(iii) General
(a) Accommodation for Meals: Employers will
allow employees to take their meals, crib breaks or tea breaks in a suitable
place protected from the weather. Every
such employee will be provided by the employer with adequate facilities for tea
making and for heating food.
This provision
will not apply to mobile security officers.
(b) Dressing Accommodation: Where it is
necessary or customary for employees to change their dress or uniform, suitable
dressing rooms or dressing accommodation and individual lockable lockers will
be provided.
(c) Means of Exit: Provision will be made for
an exit for night employees in case of necessity.
(d) Protective Clothing: In complying with the
Work Health and Safety Act 2011 the
following clothing and equipment will be issued. The clothing will remain the
property of the employer:
Wet weather
coat with hood and trousers for employees who are required to work out of
doors.
Rubber boots
for employees who are required to work in "wet areas", i.e. toilets,
ablution blocks and external areas where water is used as part of the cleaning
process.
Protective eye
wear for employees who are required to empty rubbish tins and tend
incinerators, or work in areas where airborne particles are a hazard.
Long rubber
gloves when using detergents or similar cleaning chemicals.
Leather gloves
for employees who are required to collect rubbish bins, carry refuse and sweep
outside areas.
Washable broad
brim hats for employees who are required to work out of doors.
(e) Work Clothing: Clean overalls or
wrap-ons, gloves and safety footwear shall be supplied by the employer where
they are required in undertaking duties.
14. Travelling Time and Expenses
Where an employee
is sent to work at a place other than their employer's recognised place of
business, the employer will pay all travelling time from the place of business
to the job. If the employee is required
to return the same day to the employer's place of business, the employer will
pay travelling time back to the place of business. An employee sent for duty to a place other
than the employee's regular place of duty or required by the employer to attend
a court or inquiry in connection with the employee's employment will be paid
reasonable authorised expenses.
15. Outside Duties
All employees
covered by this award will clean outside areas as required and shall clean
above floor or ground level as is safely accessible. Where ladders are used the safety
requirements of the Work Health and
Safety Act 2011 must be complied with.
16. Lifting of Weights
An employee will
not be required to lift by hand or carry weights in a manner that does not
accord with the provisions of Chapter 4, Part 4.2, Hazardous Manual Tasks of
the Work Health and Safety Regulation 2011.
17. Sunday Work
An employee
required to perform work on a Sunday will be paid at the rate of double time,
with a minimum payment of not less than four hours at such rate for each start.
18. Overtime
(i) For all work done outside ordinary hours
the rates of pay will be time and a half for the first two hours and double
time thereafter. In computing overtime each day's work stands alone. All work
performed after 12 noon on Saturday will be paid for at the rate of double
time.
(ii) Meal Allowance - An employee who works
overtime for one or more hours on any day or shift after the fixed ceasing time
will be paid for such day a meal allowance as set out Item 17 of Table 2 -
Allowances, of Part B, Monetary Rates.
This applies unless notice to work has been given to such employee on or
before the termination of the previous shift or day, as the case may be.
(iii) Where overtime or extra shifts are required
to be worked, preference will be given to employees as classified and covered
by the terms of this award where it is reasonably practicable to do so.
(iv) Where an employee is required to work
overtime, the minimum break between the finishing of one period of work or
shift and the commencement of another, will be as set out below:
(a) for shift workers, eight hours, including
the normal changeover time if any;
(b) for day workers, ten hours.
If on the
instructions of the employer such an employee resumes or continues work without
having the required period off duty, the employee will be paid at double
ordinary time until released from duty. The employee will be entitled to be
absent without loss of pay for ordinary working time occurring during such
absence until they have had the required period off duty.
(v) For the purposes of this clause ordinary
hours will be inclusive of time worked for accrual purposes as provided for by
clause 5, Hours.
19. Call Back
An employee who
after leaving their place of employment, is required to return to the
employer's premises for any reason other than carrying out rostered duties,
will be paid a minimum of four hours' pay at the appropriate rate for each such
attendance. This payment will apply
whether the employee was notified before or after leaving the place of
employment.
This clause will
not apply where a period of duty is continuous (subject to a reasonable meal
break) with the completion or commencement of ordinary working time. The employee will be given at least eight
hours off duty, excluding travelling time in excess of thirty minutes and a
meal break of thirty minutes, before there is a requirement to resume ordinary
hours. An employee requested to resume duty before eight hours' rest is given
will be paid at double ordinary rates until such employee has been relieved
from duty for a period of eight hours.
20. Mixed Functions
An employee engaged
for at least two hours on any day or shift on duties carrying a higher rate
than the employee’s ordinary classification will be paid the higher rate for
such a day or shift. Where an employee
is engaged for less than two hours on any one day or shift, payment will be at
the higher rate for the time so worked.
An employee who is
required to perform work temporarily for which a lower rate is paid, will not
suffer any reduction in wages whilst so employed. Any work of less than one
week's duration will be deemed temporary.
This clause will
not apply in situations where the higher duties result from the absence of an
employee on a rostered day off.
21. Sick Leave/Personal Carer’s Leave
(i) The entitlement to sick leave shall be as
follows:
(a) Employees:
(1) Will be entitled to 15 days sick leave
per year. Any untaken leave is cumulative. Sick leave on full pay accrues at
the beginning of the calendar year. If an employee commences after 1 January,
sick leave on full pay accrues on a proportionate basis for the year in which
employment commences.
(2) An employee absent from duty for more
than 3 consecutive working days because of illness must furnish a medical
certificate to the Head in respect of the absence.
(3) An employee will be put on notice in
advance if required by the Head to furnish a medical certificate in respect of
an absence from duty for 3 consecutive working days or less because of illness.
(b) Ministerial Employees engaged under
Ministerial Authority: in accordance with the Uniform Leave Conditions
(ii) Use of sick leave to care for a sick
dependant - general
When family
and community service leave, as outlined in clause 24 is exhausted, the sick
leave provisions under clause (i) may be used by an employee to care for a sick
dependant.
(iii) Use of sick leave to care for a sick
dependant - entitlement
(a) The entitlement to use sick leave in
accordance with this clause is subject to:
(1) the employee being responsible for the
care and support of the person concerned, and
(2) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who in relation to a
person, is a person of the opposite sex to the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
(3) a child or an adult child (including an
adopted child, a step child, a foster child or an ex nuptial) parent (including
a foster parent and legal guardian), grandparent, grandchild or sibling of the
employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(5) a relative of the employee who is a
member of the same household, where for the purposes of this paragraph:
(i) 'relative' means a person related by
blood, marriage or affinity;
(ii) 'affinity' means a relationship that one
spouse because of marriage has to blood relatives of the other; and
(iii) 'household' means a family group living in
the same domestic dwelling
(b) An employee with responsibilities in
relation to a person who needs their care and support will be entitled to use
sick leave available from that year’s annual sick leave entitlement minus any
sick leave taken from that year’s entitlement to provide care and support for
such persons when they are ill.
(c) Sick leave accumulates from year to year.
In addition to the current year’s grant of sick leave, sick leave accrued from
the previous 3 years may also be accessed by an employee with responsibilities
in relation to a person who needs their care and support.
(d) In special circumstances, the Chief
Executive Officer or Managing Director may make a grant of additional sick
leave. This grant can only be taken from sick leave accrued prior to the period
referred to in paragraph (c).
(e) If required, a medical certificate or
statutory declaration must be made by the employee to establish the illness of
the person concerned and that the illness is such to require care by another
person.
(f) The employee is not required to state the
exact nature of the relevant illness on either a medical certificate or
statutory declaration and has the right to choose which of the two methods to
use in the establishment of grounds for leave.
(g) Wherever practicable, the employee shall
give the Chief Executive Officer or Managing Director prior notice of the
intention to take leave, the name of the person requiring care and that
person’s relationship to the employee. They must also give reasons for taking
such leave and the estimated length of absence. If the employee is unable to
notify the Chief Executive Officer or Managing Director beforehand,
notification should be given by telephone at the first opportunity on the day
of absence.
(h) In normal circumstances, the employee must
not take leave under this subclause where another person has taken leave to
care for the same person.
22. Public Holidays
(i) The days on which the following holidays
are observed shall be holidays under this Award, namely New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, King's
Birthday, Labour Day, Christmas Day and Boxing Day and any day which may
hereafter be proclaimed a public holiday throughout the State. The Picnic Day
of the Union shall also be observed as an additional holiday under this Award,
to be granted on one of the three working days between Christmas and New Year's
Day. The specific date is to be advised
to employees prior to December each year.
(ii) Except as hereinafter provided -
(a) Employees on weekly hiring will be
entitled to the above holidays without loss of pay;
(b) Employees will be paid at the rate of
double time and one-half with a minimum payment of four hours at such rate for
all time worked on the above holidays.
(iii) For the purpose of this clause any employee
whose ordinary hours of work commence before and continue past midnight will be
regarded as working on a holiday only if the greater number of working hours
fall on the holiday, in which case all the time worked will be regarded as
holiday work. If the number of ordinary
hours worked before and past midnight is equal, all ordinary time worked will
be regarded as time worked on the day on which the shift commenced.
(iv)
(a) Where a holiday occurs on the rostered
day off of a seven day shift worker who is not required to work on the day, the
employee is entitled to a day's ordinary pay in respect of such day. The
employer may, in lieu of the payment of a day's ordinary pay, add a day to the
recreation leave credit.
(b) Where the worker is required to work on
that day, the employer will pay the employee a day's ordinary pay in respect of
such time, plus time and one-half for the first eight hours (with a minimum
payment of four hours) and double time and one-half thereafter.
(c) Where the employment of a seven-day shift
worker has been terminated and there is an entitlement to payment in lieu of
recreation leave with respect to a period of employment, the employee will also
be entitled to an additional payment for each day accrued under this clause at
the appropriate ordinary rate of pay.
This is provided that payment has not already been made in accordance
with paragraph (a), of this subclause.
23. Recreation Leave
(i) The entitlement to recreation leave will
be as follows:
(a) Employees: in accordance with the
Conditions Award.
(b) Ministerial employees engaged under
Ministerial authority: in accordance with the Uniform Leave Conditions.
(ii) Caretakers and Seven-Day Shift Workers -
(a) In addition to the normal recreation
leave provisions, a caretaker or seven-day shift worker, at the end of each
year of continuous employment will be entitled to an additional one week’s
leave:
If during the
year of employment only a portion of it has been served as a caretaker or a
seven-day shift worker, the additional leave will be 3.25 hours for each
completed month of employment in those classifications. Where the additional
leave is or comprises a fraction of a day, such fraction will not form part of
the leave period and will be discharged by payment only.
(b) Where the employment of a caretaker or
seven-day shift worker is terminated and the person thereby becomes entitled to
payment in lieu of recreation leave for a period of employment, such person
also will be entitled to an additional payment of 3.25 hours at their ordinary
rate of pay for each completed month of service.
(iii) For the purposes of this clause, a
seven-day shift worker means an employee whose ordinary working period includes
Sunday and /or holidays on which the employee may be regularly rostered for
work.
Redundant as
leave is provided in (i)
24. Family & Community Services Leave
(i) The Chief Executive Officer or Managing
Director may grant family and community service leave to an employee:
(a) for reasons related to the family
responsibilities of the employee, or
(b) for reasons related to the performance of
community service by the employee, or
(c) in a case of pressing necessity
(ii) Family and Community Services Leave
replaces Short leave.
(iii) The maximum amount of family and community
services leave on full pay that may be granted to an employee is:
(a) 2.5 working days during the first year of
service and 5 working days in any period of 2 years after the first year of
service, or
(b) 1 working day for each year of service
after 2 years continuous service, minus any period of family and community
service leave already taken by the employee, whichever is the greater period
(iv) Family and community service leave is
available to part-time employees on a pro rata basis, based on the number of
hours worked.
(v) Where family and community service leave
has been exhausted, additional paid family and community service leave of up to
2 days may be granted on a discrete `per occasion’ basis on the death of a
person defined in clause 21(iii)(a)(2).
25. Parental Leave
The entitlement to
parental leave will be as follows:
(a) Employees: in accordance with the
Conditions Award
(b) Ministerial employees engaged under
Ministerial Authority, in accordance with the Uniform Leave Conditions.
26. Extended Leave/Long Service Leave
(i) The entitlement to extended leave/long
service leave will be as follows:
(a) Employees: in accordance with the Act and
the Government Sector Employment Regulation 2014.
(b) Ministerial employees engaged under
Ministerial authority in accordance with the Uniform Leave Conditions.
27. Domestic and Family Violence Leave
27.1 Definitions
For
the purpose of this clause:
(a) “Domestic violence” is any behaviour in
an intimate, family or domestic relationship, which is violent, threatening,
coercive, controlling or causes a person to live in fear for their own or
someone else’s safety. It may be a pattern of ongoing controlling or coercive
behaviour.
(b) An “intimate relationship” refers to
people who are or have been in an intimate partnership, whether or not the
relationship involves or has involved a sexual relationship, for example,
married, engaged to be married, separated, divorced, de facto partners, couple
promised to each other under cultural or religious tradition, or who are
dating.
(c) A “family relationship” has a broader
definition and includes people who are related to another through blood,
marriage or de facto partnerships, adoption and fostering relationships,
sibling, and extended family relationships. It includes the full range of
kinship ties in Aboriginal and Torres Strait Islander communities, and extended
family relationships. People living in the same house may also be in a domestic
relationship if their relationships exhibit dynamics which may foster coercive
and abusive behaviours.
(d) Examples of behaviours that constitute
domestic and family violence include but are not limited to:
(i) physical and sexual violence;
(ii) verbal abuse;
(iii) emotional or psychological abuse;
(iv) stalking and intimidation;
(v) technology facilitated abuse;
(vi) social and geographical isolation;
(vii) financial
abuse;
(viii) cruelty to
pets;
(ix) damage to
property; or
(x) threats to be
violent in the above ways.
27.2 Employees, including casual employees, are
entitled to 20 days of paid domestic and family violence leave in each calendar
year. This leave is not cumulative.
27.3 Paid domestic and family violence leave is
not pro-rata for part-time or casual employees.
27.4 Employees can take paid domestic and family
violence leave in part-days, single days, or consecutive days. There is not a
minimum number of hours that an employee must take in a day.
27.5 Employees experiencing domestic and family
violence may take domestic and family violence leave including for the
following purposes:
(a) seeking safe accommodation or
establishing safety;
(b) attending medical, legal, police or
counselling appointments relating to their experience of domestic and family violence;
(c) attending court and other legal
proceedings relating to their experience of domestic and family violence;
(d) organising alternative care or education
arrangements for their children or person(s) in their care;
(e) other activities that will help them to
establish safety and recover from their experience of domestic and family
violence; or
(f) any other purpose associated with the
impact of experiencing domestic and family violence which is impractical to do
outside of their normal hours of work.
27.6 Domestic and family violence leave does not
need to be approved before it can be accessed. However, employees would advise
their employer of the need to take domestic and family violence leave as soon
as possible.
27.7 The leave entitlement can be accessed
without the need to exhaust other available leave entitlements first.
27.8 The employer should only require evidence of
the occurrence of domestic and family violence in exceptional circumstances and
should use their discretion when assessing whether evidence is needed, and if
so, what type of evidence.
27.9 Evidence of the occurrence of domestic and
family violence may include:
(a) a document issued by the police, a court,
a domestic violence support service or a member of the legal profession;
(b) a provisional, interim or final
Apprehended Violence Order (AVO), Apprehended Domestic Violence Order (ADVO),
certificate of conviction or family law injunction;
(c) a medical certificate;
(d_ a statutory declaration by the employee
experiencing domestic and family violence; or
(a)
any other evidence that would satisfy a reasonable
person that domestic and family violence has occurred.
27.10 Evidence provided by an employee should be
sighted and must be returned to the employee. The evidence must not be retained
by the employer or stored on the employee’s personnel file.
27.11 The intent of paid domestic and family
violence leave is to provide employees with the same remuneration as they would
have received, inclusive of penalties that would have applied, if they did not
take the leave.
27.12 Full-time and
part-time employees are entitled to be paid at their full rate of pay for the
hours they would have worked had they not taken the leave.
27.13 Casual employees will be paid at their full
rate of pay for the hours they were rostered for and would have worked had they
not taken the leave. For the purposes of this clause, “Rostered” means the
employer has offered specific hours of work and the casual employee has
accepted that offer.
27.14 Employers must keep personal information about
domestic and family violence (including information about support provided by
the employer) confidential. This includes not recording instances of or
information about domestic and family violence leave on:
(a)
payslips,
(b)
the employee’s personnel file, or
(c)
rosters.
27.15 Any information regarding an employee’s
experience of domestic or family violence, including any domestic and family
violence leave or supports provided (under this clause or otherwise), can only
be accessed by senior HR personnel or, with the employee’s consent, a relevant
senior manager.
27.16 Employers must not take adverse action against
an employee because they:
(a)
have
experienced, or are experiencing, domestic and family violence;
(b)
use the paid domestic and family violence leave
provisions; or
(c)
are a casual employee who declines to take a shift they
are not rostered for because they are attending to a matter connected with
domestic and family violence at that time.
27.17 The employer will provide support to an
employee experiencing domestic and family violence, including but not limited
to the provision of flexible working arrangements, including changing working
times, work locations, telephone numbers and email addresses.
27A. Leave for
employees providing support to people experiencing domestic and family violence
27A.1 Employees providing care and support to a
member of their family or household experiencing domestic and family violence
may, if the criteria are met, access existing Family and Community Service
Leave entitlements consistent with clause 24 of this award.
27A.2 The “family” or “household” member that the
employee is providing care and support to must meet the definition of these terms, as referred to at:
(a) Clause 24 Family and Community Service
Leave
(b) Clause 21 Sick Leave to Care for a Family
Member
27A.3 If the employer needs to establish the reasons
for an employee accessing existing leave entitlements under these provisions,
the employee may be required to provide evidence consistent with subclause
27.10 Sick Leave – Requirements for Evidence of Illness of this award or any
other form of evidence that is considered acceptable by the employer such as a
statutory declaration.
27A.4 Evidence provided by an employee should be
sighted and must be returned to the employee. The evidence must not be retained
by the employer or stored on the employee’s personnel file.
28. Other Forms of Leave
(i) Employees: in accordance with the
Government Sector Employment Act 2013 and the Conditions Award, or Any
Replacement Award,
(ii) Ministerial employees engaged under
Ministerial Authority: see Uniform Leave Conditions.
29. Anti-Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
(i) Employers and employees may also be
subject to Commonwealth anti-discrimination legislation.
(ii) 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."
30. Dispute Resolution
Any dispute shall
be dealt with in the following manner:
(i) in the event of a claim, issue or
dispute, the employee(s) and/or delegate(s) of the union will place the claim,
issue or dispute before the immediate supervisor. The immediate supervisor will
take all reasonable steps to reply to the employee(s) and/or delegate(s) as
soon as possible.
(ii) Failing agreement, employee(s) and/or
delegate(s) of the union will place the claim, issue or dispute before the
Manager or his/her deputy. The Manager
or his/her deputy will take all reasonable steps to reply to the employee(s)
and/or delegate(s) as soon as possible.
(iii) If no agreement is reached at this stage on
the claim, issue or dispute, the matter will be fully reviewed by the Secretary
of the union or its representative and senior management. All reasonable steps
will be taken to resolve the matter.
(iv) Failing agreement, the claim, issue or
dispute will be referred to the Industrial Relations Commission of New South
Wales for resolution.
(v) All work will continue normally while the
above procedures are taking place.
31. Non-Reduction of Existing Wages and
Conditions
Wages and
Conditions
(i) Employees still in receipt of a 20%
part-time loading will continue to receive such loading under the protection of
the Government Sector Employment Act 2013.
(ii) Existing employees as at 31 January 1992
will not be compelled to work broken shifts or become seven-day shift workers
in accordance with the provisions of this award. However, employees engaged after 31 January
1992 may be required to work broken shifts or work ordinary hours over seven
days of the week.
32. Deduction of Union Membership Fees
(i) The Union will provide the employer with
a schedule setting out the Union’s fortnightly membership fees payable by
members of the Union in accordance with the Union’s rules.
(ii) The Union will 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 will be provided to the employer at least
one month in advance of the variation taking effect.
(iii) Subject to (i) and (ii) above, the employer
will 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.
(iv) Monies so deducted from employees’ pay will
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.
(v) Unless other arrangements are agreed to
by the Department of Education and the Union, all Union membership fees will be
deducted on a fortnightly basis.
(vi) 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 will be read as requiring the employee to
make a fresh authorisation in order for such deductions to continue.
33. No Extra Claims
The Industrial Relations Commission recognises
that the parties have provided an undertaking that other than as provided for
in the Industrial Relations Act 1996, there will be no further
claims/demands or proceedings instituted before the NSW Industrial Relations
Commission for extra or reduced wages, salaries, rates of pay, allowances or
conditions of employment with respect to the Employees covered by the Award
that take effect prior to the nominal expiry of the Award unilaterally made by
a party to the Award unless otherwise agreed by the parties.
This undertaking
does not prevent the Parties from continuing collaborative discussions during
the life of the Award to deliver additional enhancements to remuneration and/or
conditions of employment, and to achieve additional industry wide and systemic efficiencies
and productivity improvements to the delivery of Government services to the
public. Changes to conditions or salaries may be jointly progressed and, if
agreed, an application to vary the Award may be made by consent prior to the
nominal expiry of the Award.
Parties are not
prevented from commencing any proceedings with respect to the interpretation,
application or enforcement of existing award provisions
34. Area, Incidence and Duration
This award will
apply to:
(i)
a. all non-executive public service
employees as defined in the Government
Sector Employment Act 2013 employed in Departments, Public Service
executive agencies related to Departments, and separate Public Service
agencies, listed in Schedule 1 to the Government
Sector Employment Act 2013, except where another industrial instrument or
arrangement applies to the employees; and
b. any officer, Departmental temporary
employee and casual employee who, as at 23 February 2014, was employed in a
Department listed in Schedule 1, Part 1, of the Public Sector Employment and Management Act 2002 and who was
covered by this award on that date will continue to be covered by this award,
who are
employed in the classifications contained in this Award or under Ministerial
Authority.
(ii) This award rescinds and replaces the Crown
Employees (Security and General Services) Award 2022 published 20 October 2023
(396 I.G. 375).
(iii) This award will come
into effect from the first full pay period after 1 July 2024, and remains in
force for three years.
PART B
MONETARY RATES
Table 1 - Rates of Pay
|
Clause
7 Rates of Pay
|
Per
week as from the first full pay period on or after 1.7.23
(4%)
$
|
Per
week as from the first full pay period on or after 1.7.24
(4%)
$
|
Per
week as from the first full pay period on or after 1.7.25
(3%)
$
|
Per
week as from the first full pay period on or after 1.7.26
(3%)
$
|
|
Security Officer
|
|
Grade 1
|
1020.20
|
1,061.00
|
1,092.80
|
1,125.60
|
|
Grade 2
|
1056.10
|
1,098.30
|
1,131.20
|
1,165.10
|
|
Grade 3
|
1104.40
|
1,148.60
|
1,183.10
|
1,218.60
|
|
General Services Officer
|
|
Grade 1
|
910.50
|
952.50*
|
981.10
|
1,010.50
|
|
Grade 2
|
988.90
|
1,028.50
|
1,059.40
|
1,091.20
|
|
Grade 3
|
1020.20
|
1,061.00
|
1,092.80
|
1,125.60
|
|
Part-time Employees (Per hour) -
|
|
General Services Officer Grade 2
(Cleaners)
|
28.20
|
29.31
|
30.19
|
31.10
|
*In accordance with Industrial Secretary
& Ors v Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales & Ors (No 2) [2024] NSWIRComm 21,
this wage rate was adjusted to accord with the 2024 National Minimum Wage of
$915.90 from 1 July 2024 and the increase of 4% has been applied to the
adjusted rate of pay.
Application to
school based employees of the Department of Education
|
Clause 7 Rates of Pay
|
Per week as from the first full pay period
on or after 1.7.23
(4%)
$
|
Per week as from the first full pay period
on or after 1.7.24
(4%)
$
|
Per week as from the first full pay period
on or after 1.7.25
(3%)
$
|
Per week as from the first full pay period
on or after 1.7.26
(3%)
$
|
|
Security Officer
|
|
|
|
|
|
Grade 1
|
1099.80
|
1,143.80
|
1,178.10
|
1,213.40
|
|
Grade 2
|
1138.00
|
1,183.50
|
1,219.00
|
1,255.60
|
Table 2 - Work
Related Allowances
|
Clause 9 - Additional Rates
|
From the first full pay period on or after
1.7.23 (4%)
|
From the first full pay period on or after
1.7.24 (4%)
|
From the first full pay period on or after
1.7.25 (3%)
|
From the first full pay period on or after
1.7.26 (3%)
|
|
$
|
$
|
|
$
|
|
Clause 9 - Additional Rates
|
|
|
|
|
|
(i)
|
Leading Hands Allowance: (per week)
|
|
|
|
|
|
1 - 5 employees
|
43.70
|
45.40
|
46.80
|
48.20
|
|
6 - 10 employees
|
49.70
|
51.70
|
53.30
|
54.90
|
|
11-15 employees
|
64.80
|
67.40
|
69.40
|
71.50
|
|
16-20 employees
|
74.90
|
77.90
|
80.20
|
82.60
|
|
Over 20 employees -
|
74.90
|
77.90
|
80.20
|
82.60
|
|
|
for each employee over 20 an additional amount is paid
|
0.53
|
0.56
|
0.58
|
0.60
|
|
(ii)
|
Qualification allowance (per week)
|
29.40
|
30.60
|
31.50
|
32.40
|
|
(iii)
|
First Aid Allowance (per week)
|
22.60
|
23.50
|
24.20
|
24.90
|
|
(iv)
|
Boiler Attendants Certificate
(per week)
|
19.10
|
19.90
|
20.50
|
21.10
|
|
(v)
|
Refrigeration Drivers Certificate (per week)
|
19.10
|
19.90
|
20.50
|
21.10
|
|
(vi)
|
Contingency Allowance (per week)
|
|
|
|
|
|
1-10 Hours per week
|
12.20
|
12.70
|
13.10
|
13.50
|
|
11 to 25 hours per week
|
18.60
|
19.30
|
19.90
|
20.50
|
|
26 to 38 hours per week
|
25.20
|
26.20
|
27.00
|
27.80
|
|
(vii)
|
Toilet allowance (per week)
|
15.00
|
15.60
|
16.10
|
16.60
|
|
(viii)
|
Multi-Purpose Machines Allowance - per shift
|
4.14
|
4.31
|
4.44
|
4.57
|
|
(ix)
|
Furniture removal allowance - per shift
|
3.69
|
3.84
|
3.96
|
4.08
|
|
(x)
|
Torches - per shift
|
1.18
|
1..23
|
1.27
|
1.31
|
|
(xi)
|
Laundry allowance - per shift
|
2.52
|
2.62
|
2.70
|
2.78
|
|
(xii)
|
Locomotion allowance - per shift
|
40.04
|
41.64
|
42.89
|
44.18
|
|
(xiii)
|
Bicycle allowance - per shift
|
3.19
|
3.32
|
3.42
|
3.52
|
|
Clause 10. Shift Allowances
|
|
(iii)(a)
|
Broken Shifts allowance (per day)
|
18.39
|
19.13
|
19.70
|
20.29
|
|
(iii)(b)
|
Excess Fares allowance (per week)
|
11.60
|
12.10
|
12.50
|
12.90
|
|
Clause 13. - General Conditions
|
|
(iii)
|
Accommodation deduction (per week)
|
22.90
|
23.80
|
24.50
|
25.20
|
Application to
school based employees of the Department of Education
|
Clause 9 - Additional Rates
|
From the first full pay period on or after
1.7.23
(4%)
$
|
From the first full pay period on or after
1.7.24
(4%)
$
|
From the first full pay period on or after
1.7.25
(3%)
$
|
From the first full pay period on or after
1.7.26
(3%)
$
|
|
|
(i)
|
Leading Hands
Allowance (per week)
|
|
|
1 - 5 employees
|
47.20
|
49.10
|
50.60
|
52.10
|
|
6 - 10 employees
|
53.40
|
55.50
|
57.20
|
58.90
|
|
11-15 employees
|
70.00
|
72.80
|
75.00
|
77.30
|
|
16-20 employees
|
80.80
|
84.00
|
86.50
|
89.10
|
|
Over 20 employees
-
|
80.80
|
84.00
|
86.50
|
89.10
|
|
for each employee over 20 an additional
amount is paid
|
0.57
|
0.59
|
0.61
|
0.63
|
|
(vi)
|
Contingency
Allowance (per week)
|
|
|
1-10 Hours per
week
|
13.00
|
13.50
|
13.90
|
14.30
|
|
|
11 to 25 Hours
per week
|
20.10
|
20.90
|
21.50
|
22.10
|
|
|
26 to 38 Hours
per week
|
27.00
|
28.10
|
28.90
|
29.80
|
|
D. CHIN J, Vice President
____________________
Printed by
the authority of the Industrial Registrar.