Crown Employees (State Emergency Service) Region
Controllers Award 2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 702 of 2015)
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Before Commissioner Stanton
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17 November 2015
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REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject
Matter
1. Title
2. Definitions
3. General
Conditions of Employment
4. Salaries
5. Working
Hours and Flexible Leave Entitlement
6. Operational
Overtime
7. Grievance
Procedures
8. Dispute
Resolution Procedures
9. Anti-Discrimination
10. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salary Schedule
PART A
1. Title
1.1 This award will
be known as the Crown Employees (State Emergency Service) Region Controllers
Award 2012.
2. Definitions
2.1 "Act"
means - the Government Sector Employment Act 2013.
2.2 "Award"
means - this Crown Employees (State Emergency Service) Region Controllers Award
2012.
2.3 "SES"
means - the State Emergency Service as described in the State Emergency Service
Act 1989 No 164.
2.4 "SES
Act" means - the State Emergency Service Act 1989 No. 164.
2.5 "Regulation"
means the State Emergency Service Regulation 2001 as amended under the State
Emergency Service Act 1989 No 164.
2.6 "Commissioner"
means - the Commissioner of the State Emergency Service.
2.7 "Region
Controller" means - an employee permanently or temporarily employed in the
SES either as a full-time, or part-time employee, in
any capacity under the provisions of Division 5 of the Government Sector
Employment Act 2013, and includes an employee on probation.
2.8 "Association"
means - the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
2.9 "Industrial
Relations Secretary" means - the Secretary of the Treasury, who is the
employer for industrial purposes under the provision of Part 4, Government
Sector Employment Act 2013.
2.10 "Salary
Rates" means - the ordinary time rate of pay for the Region Controller’s
grading excluding allowance for "After Hours Duty Officer" and all
other allowances not regarded as salary.
3. General
Conditions of Employment
3.1 Conditions of
employment for all Region Controllers shall be in accordance with the
provisions of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 except where varied by this Award and with the following
Awards and Agreements as varied from time to time:
Crown Employees (Transferred Employees Compensation)
Award 2009
Crown Employees (Transferred Officers/Excess Rent)
Agreement No 2354 of 1981
3.2 The provisions
of this award are to apply to part-time workers on a pro-rata basis.
4. Salaries
4.1 The Region Controllers
will be remunerated in accordance with the Crown Employees (Public Sector -
Salaries 2015) Award as varied or an award replacing it. Salaries are set out
in Table 1 - Salary Schedule Part B Monetary Rates.
4.2 Appointment of
Region Controllers shall be in accordance with the Government Sector Employment
Regulation 2014.
4.3 A flexible and
adaptable approach to working hours shall be adopted to meet peak demands, unit
and volunteer demands, and the personal circumstances of the officer. Much of
the work performed is during the evening or on weekends. The parties agree that
the requirements will be no more than 40 days of weekend and public holiday
work per annum and 80 occasions of evening work. The parties recognise that
there could be variations to these requirements from time to time.
4.4 An allowance of
15% of the Region Controller’s gross annual salary will be paid in lieu of
non-operational overtime and in recognition of the pattern of work. No
non-operational overtime is anticipated.
5. Working Hours
and Flexible Leave Entitlement
5.1 Region
Controllers will be able to accumulate flex time credits beyond their contract
hours. Flex time entitlements will be the same as the current flexible working
arrangements of the Agency, i.e. Region Controllers will be able to take up to
5 flex days per flex period and can carry over up to 21 hours credit per flex
period. There will be no bandwidth or
core-time. Contract hours of 35 hours per week will be worked on any day Monday
to Sunday and will include travel time.
5.2 Region
Controllers will receive credit hours of one fifth of their normal weekly hours
for each public holiday day. When required to work on a public holiday, a
Region Controller should credit the hours worked to flex time and take the
equivalent time off at a later date.
5.3 Region
Controllers will not be required to work more than 5 days in a row without at
least 1 day off.
5.4 Region
Controllers who are employed on a part time basis and are working on projects
for State Headquarters will be paid additional hours from the project sponsors
budget. The number of hours will be
negotiated with the project sponsor on a case by case basis.
6. Operational
Overtime
6.1 Access to
overtime can only occur during operations when flex time has been suspended.
6.2 Region
Controllers who are required to work operational overtime will be paid at the
normal rate of pay including the 15% loading for the first seven hours, and
overtime thereafter, excluding the 15% loading and meal breaks. When flex time
is suspended rest days are deemed to be Saturdays and Sundays.
6.3 Region
Controllers who are employed on a part time basis and are required to work
during operations may work full time and be paid additional hours for the
period of the operation.
6.4 If a Region
Controller is required to perform duty as the after hours
duty officer the following payments will be applicable:
Weekdays 2/9ths of a day’s
salary including loading.
Weekends 1/3 rd
of a day’s salary including loading.
6.4.1 Subject to paragraph
6.4.2, the SES may require a Region Controller to work reasonable overtime at
overtime rates.
6.4.2 A Region
Controller may refuse to work overtime in circumstances where the working of
such overtime would result in the officer working hours which are unreasonable.
6.4.3 For the purposes
of paragraph 6.4.2 what is unreasonable or otherwise will be determined having regard to:
6.4.3.1 any risk to Region Controller health and safety;
6.4.3.2 the Region Controller’s personal circumstances including any
family and carer responsibilities;
6.4.3.3 the needs of the workplace or enterprise;
6.4.3.4 the notice (if any) given by the SES of the overtime and by
the Region Controller of his or her intention to refuse it; and
6.4.3.5 any other relevant matter.
7. Grievance and
Complaint Procedures
Grievance and complaint procedures will be in accordance
with SES Complaint Management Procedures.
8. Dispute
Resolution Procedures
8.1 The aim of the
Dispute Resolution Procedures is to ensure that, during the life of this Award,
industrial disputes or grievances are prevented, or resolved as quickly as
possible, at the level closest to the incident (with graduated steps for
further attempts at resolution at higher levels within SES, if required).
8.2 When a dispute
or grievance arises, or is considered likely to arise, the following steps
shall be followed:
Stage 1: - The Region Controller(s) should notify the
Manager Professional Standards of the substance of the grievance, dispute or
difficulty, request a meeting and, if possible, clearly state their preferred
outcome.
A confidential meeting should be held within two
working days.
Where the grievance or dispute involves confidential or
other sensitive material (including issues of harassment or discrimination
under the Anti Discrimination Act 1977) that makes it
impractical for the Region Controller to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Department Head or delegate.
Stage 2: - If the matter is not resolved at the second
meeting, the Region Controller, or other appropriate officer, may refer the
matter to the Commissioner.
A confidential meeting should be held within two
working days.
If the matter is not resolved, all parties involved in
the grievance will be provided with a written response explaining the actions
to be taken or the reasons for the SES taking no further action.
Stage 3: - If the matter remains unresolved it may be
referred to the New South Wales Industrial Relations Commission by the officer
(s), the Associations, or the Commissioner.
8.3 At any stage of
this process either party may request that the situation be referred to an
independent mediator. During any stage of this process members of a registered
trade union may request that an Association representative be present.
8.4 During the
process of resolving a grievance, normal work is to continue except in the case
of a dispute involving Work Health and Safety where the safety of staff is
jeopardised. If practicable, normal work will proceed in a manner which avoids
any risk to the health and safety of any officer, or member of the public.
8.5 The Region Controller(s),
Association and the SES will be bound by any lawful recommendation, order or
determination by the NSW Industrial Relations Commission in relation to the
grievance, dispute or difficulty.
9. Anti-Discrimination
9.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
9.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
9.3 Under the
Anti-Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
9.4 Nothing in this
clause is to be taken to affect:
any conduct or act which is
specifically exempted from anti- discrimination legislation;
offering or providing junior
rates of pay to persons under 21 years of age;
any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the
Anti-Discrimination Act 1977;
a party to this award from
pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
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.
10. Area,
Incidence and Duration
10.1 The award will
apply to all Region Controllers employed in the State Emergency Service.
10.2 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) take effect on and from 17 November 2015.
10.3 Changes made to
this award subsequent to it first being published on 29 August 2008 (366 I.G.
569) have been incorporated into this award as part of the review.
10.4 The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Salary Schedule
Salary of Full Time Region Controllers will be paid in
accordance with the Crown Employees (Public Sector - Salaries 2015) Award as
varied or an award replacing it.
Effective from the beginning of the first pay period to
commence on or after 1 July 2015
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Classification
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Fpp
1.7.15
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Full Time Region Controllers
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Per annum
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$
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1st year of service
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100,330
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2nd year of service
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103,151
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3rd year of service
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107,362
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Thereafter
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110,560
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J. D. STANTON, Commissioner
____________________
Printed by the authority of the Industrial Registrar.