Crown Employees (Office of Environment and Heritage
and the Office of Environment Protection Authority) General Award 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 751 of 2015)
Before Commissioner Stanton
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24 November 2015
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REVIEWED
AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Memorandum
of Understanding
4. Parties
5. Salaries
6. Salary
System
7. Qualifications
8. On Call
Allowance for Public Affairs Officers and Information Management &
Communications Technology (IM&CT) Officers
9. Working
Hours including Flexible Working Hours
10. Overtime
11. Excess
Travelling Time
12. Irregular
Shift Work
13. Annual
Leave Loading
14. Families
and Field Work
15. After
Hours Incident Service (AHIS)
16. Out of
Hours Disturbance
17. Declared
Incidents
18. Study
Assistance
19. Salary Packaging
Arrangements, including Salary Sacrifice to Superannuation
20. No Extra
Claims
21. Union
Delegates Rights and Obligations
22. Industrial
Grievance Procedure
23. Anti-Discrimination
24. Deduction
of Union Membership Fees
25. Area,
Incidence and Duration
PART B
MONETARY RATES
Schedule 1 - Salaries
6.1 The rates of
pay for employees of the OEH and EPA will be in accordance with the rates
contained in Schedule 1, subject to any agreed Salary and Benefit Packaging
arrangement.
6.2 Each employee covered
by the Award will be classified as an Environment Officer and paid within the
salary classes as set out in Schedule 1, subject to any agreed Salary and
Benefit Packaging arrangement.
6.3 The level of
assignment to a salary point within a Class will be determined by the
Organisation Head or delegate, following assessment of an applicant's past work
experience in a related field and/or relevant skill levels and/or educational
qualifications. Where an employee is promoted to a higher Class, they will move
to the minimum salary point of the higher Class, or at least one salary point
above their current substantive salary, whichever is the higher.
6.4 Employees who
possess the Higher School Certificate or equivalent will be assigned to no less
than the 2nd salary point of Class 1 as set out in Schedule 1 subject to any
agreed Salary and Benefit Packaging arrangement.
6.5 Any employee
aged 21 years or over will be assigned to no less than the salary prescribed
for Class 1 salary point 4 as set out in Schedule 1 subject to any agreed
Salary and Benefit Packaging arrangement.
6.6 Movement from
one salary point to another within a Class will be subject to the
Organisation's Performance, Development and Feedback framework as agreed to by
the parties.
6.7 Movement from
Class to Class will be by way of assignment to a vacancy except in the
circumstances described in paragraph 6.8.7 below.
6.8 Environment
Officer 2-7 Classification Scale
6.8.1 From the date of the making of this Award
roles classified as EO 2-7 on the salary scale will be filled by new graduates,
as part of the Graduate Recruitment Program and shall be paid in accordance
with the salary scale in Table 1 below.
6.8.2 In limited circumstances the EO 2-7
classification may be applied for specialist roles where recruitment to such
roles under a differing classification scale has proven to be unsuccessful.
6.8.3 The relevant salary points on the EO 2-7
are shown in Table 1 below.
Table 1
Point 1
|
Class 2
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Salary Point 3
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Point 2
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Class 3
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Salary Point 2
|
Point 3
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Class 4
|
Salary Point 2
|
Point 4
|
Class 5
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Salary Point 2
|
Point 5
|
Class 6
|
Salary Point 2
|
Point 6
|
Class 7
|
Salary Point 1
|
Point 7
|
Class 7
|
Salary Point 2
|
Point 8
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Class 7
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Salary Point 4
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6.8.4 Employees with a recognised 3 year degree
or qualifications deemed by the OEH or EPA as equivalent will be assigned to
point 1 on the EO 2 -7 salary scale.
6.8.5 Employees with a recognised 4 year degree
or higher or qualifications deemed by the OEH or EPA as equivalent will be
assigned to point 2 on the EO 2-7 salary scale.
6.8.6 Employees
on the above scale shall be eligible to progress beyond Class 6 Salary Point 2
subject to:
(i) the availability of work at the higher level in the employee’s
discipline/s; and
(ii) demonstrated ability and capacity to undertake more responsible
work, as deemed appropriate by the OEH or EPA having regard to the employee’s
discipline/s.
6.8.7 For employees on the above scale, work
will be redesigned from time to time, in accordance with the agreed process, to
ensure that the work performed by the employee is commensurate with the Class
that they currently occupy.
6.8.8 Progression beyond Class 7 Salary Point 4
will be by way of promotion to a vacant role.
7. Qualifications
7.1 The parties to
this Award have agreed that qualifications are not to be used as barriers to
assignments or promotion, however, where appropriate (e.g. for technical,
competency and legal requirements), role descriptions will include qualifications.
8.
On Call Allowance for Public Affairs Officers and Information Management
& Communications Technology (IM&CT) Officers
8.1 A weekly
allowance of $185 per week (of 7 days) shall be paid to employees of the Public
Affairs Branch or IM&CT Branch who are directed to be on call.
8.2 The payment
shall cover all time outside the normal working hours that the employee is
required to be available for contact and immediate response to a call.
8.3 Only in
exceptional circumstances would the OEH or EPA require an employee to be on
call for a period of less than 7 days. Where a period of on call is for less
than 7 days, a pro-rata to a minimum of one day will apply for each day the
employee is required to be on call. The daily allowance will equate to $26.43
per day.
8.4 Where the call
results in the employee returning to work or performing more than minor
follow-up work (i.e. where two or more further calls are required and this
takes more than 15 minutes), the employee shall be entitled to overtime for the
actual time spent responding to the call or a minimum of 3 hours overtime,
whichever is the greatest.
8.5 The allowance
shall compensate the employee for minor follow up work that may result from the
call.
8.6 Where an
employee is required to return to work again after the initial call out, the
employee shall be paid for the actual time spent attending the second and
subsequent call outs.
8.7 Extension of
this provision to other work areas, classifications or specific jobs will be
done in consultation with the Union.
9. Working Hours
Including Flexible Working Hours
9.1 So as to ensure
consistent application of the new provisions across the Organisation the
commencement date for the provisions set out in this clause of the Award shall
be as agreed between the parties.
9.2 Ordinary
Working Hours
9.2.1 Full-time ordinary working hours shall be
35 hours per week, Monday to Friday.
9.3 Bandwidth
(i) Bandwidth is
the period during the day when staff may record time worked and accrue flextime.
9.3.1 Standard Bandwidth
(i) The Standard Bandwidth is 10.5 hours commencing at 7:30 a.m. and ceasing at 6:00
p.m.
(ii) The maximum number of hours that can be recorded as being
worked under this bandwidth is 10 hours (10.5
hours less a 0.5 hour
lunch break).
(iii) This will be the bandwidth that an employee covered by this
Award operates under unless their bandwidth is varied as per paragraph 9.3.2
below.
9.3.2 Varied Bandwidth
(i) The Standard Bandwidth starting and finishing times may only
be varied in circumstances where prior approval has been granted for such a
variation by the employee’s supervisor or Reporting Officer. A variation may
apply to a group of employees or an individual.
9.4 Coretime
(i) Coretime is
the specified period during the day when employees are required to be on duty,
unless on authorised leave.
9.4.1 Standard Coretime
(i) The Standard
Coretime hours will be 10:00 a.m. to 3:00 p.m. The maximum (unpaid) meal break
which can be taken by an employee during Standard Coretime is 2.5 hours (as per paragraph
9.5.1 below), such that the minimum an employee must work during Coretime,
exclusive of a meal break, is 3.5
hours.
9.4.2 Varied Coretime
(i) The Standard
Coretime may only be varied in circumstances where prior approval has been
granted for such a variation by the employee’s supervisor or Reporting Officer.
A variation may apply to a group of employees or an individual.
9.5 Meal Breaks
9.5.1 An employee on the Standard Bandwidth and
Standard Coretime is entitled to take a meal break between the hours of 11:30
a.m. and 2:30 p.m. The minimum meal break is 30 minutes and the maximum is 2.5 hours.
9.5.2 An employee working a Variable Bandwidth
and/or Coretime may take their meal break at a time agreed between the employee
and their supervisor or Reporting Officer. The minimum meal break is 30 minutes
and the maximum is 2.5
hours. An employee shall not be required
to be on duty for more than 5 hours from the time of commencement without a
meal break.
9.6 Accrual and the
taking of flex leave
9.6.1 Employees are able to take 14 hours i.e.
two (2) flex leave days off in a settlement period, as long as they have
accumulated enough hours to do so.
9.6.2 With prior management approval, employees
may accumulate a credit balance of 14 - 35 hours to enable them to have up to 5
flex leave days in a settlement period, to be taken at a mutually convenient
time.
9.6.3 Employees who continually fail to take
annual leave as a result of taking extended periods of flex leave may be placed
on standard hours by management following appropriate consultation until a
reasonable leave balance is established in accordance with the Award
provisions.
9.6.4 Supervisors will have full and open 24
hour access to an employee’s time sheet records and records pertaining to an
employee’s flex leave.
9.6.5 Employees may carry forward to the next
settlement period, in accordance with paragraphs 9.6.1 and 9.6.2 above a credit
balance of up to 35 hours or a debit balance of 10 hours.
9.6.6 Flex leave can be taken at either the
beginning or end of a period of leave.
9.6.7 Flex leave can be taken as either half
days or full days. Time outside the bandwidth will not accrue to flex time
balance.
9.6.8 Employees must have prior approval before
taking flex leave.
9.6.9 On cessation of duty Flex Credits will be
dealt with in accordance with sub-clause 21(n) of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009 or any successor
instrument to that Award.
10. Overtime
10.1 General overtime
conditions of employees under this Award shall be regulated in accordance with
the provisions contained within the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 or any successor instrument to that Award.
11. Excess Travelling
Time
11.1 Time spent travelling within the time prescribed, as defined
under clause 27 of the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 or any successor instrument to that Award:
(i) Before the
agreed bandwidth commences, and up to 1 hour thereafter, and
(ii) From one hour prior to the end of the agreed bandwidth, shall
be able to be claimed as 'Travelling time'.
11.2 Provided that
travelling time shall not include any period of travel between 11:00 p.m. on
any one day and the start of the employee’s bandwidth on the following day
where the employee has travelled overnight and sleeping facilities have been
provided for the employee.
11.3 Where
organisational requirements prevent an employee taking Time In Lieu for Excess
Travelling Time under the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 or any successor instrument to that Award it will
be paid out on application.
11.4 The accrued time
in lieu may be added to the employee’s Accrued Flex hours under sub-clause 9.6
to be taken at a mutually convenient time but at all times the nature of the
time being accrued i.e. time in lieu or flex time, must be clearly
distinguished and recorded by the employee.
12. Irregular
Shiftwork
12.1 From time to
time the OEH or EPA may request an irregular or infrequent shift to be
performed during the period Monday to Friday.
12.2 Where shift work
is irregular or infrequent, the OEH or EPA shall pay a shift allowance of 30%
on the normal daily rate.
12.3 No employee,
unless it is part of that employee’s normal duties, or by way of mutual
agreement, shall be required to perform such a shift.
12.4 The requirement
to work an irregular shift should not, of itself, reduce the need to work
overtime on the day concerned. However, employees working an irregular shift
will be paid overtime, or may opt to take time off in lieu at overtime rates
for any time worked in excess of seven hours. Flex time credits cannot be
accrued when working an irregular shift.
12.5 An employee
shall be eligible for an irregular shift allowance if required to commence duty
outside of the hours 5:30 a.m. to 10:00 a.m., and the employee is not eligible
for a regular shift allowance.
12.6 After an
employee has worked an irregular shift, the employee must take a break of 10
hours prior to recommencing work. However, if requested by the OEH or EPA
because of special circumstances to recommence work without completing a 10
hour break, overtime shall be paid from the time work is recommenced until such
a break is taken.
13. Annual Leave
Loading
13.1 An employee who
is eligible for leave loading may elect to:
(i) be paid their
leave loading when they take sufficient leave (i.e. Recreation leave and/or
Extended leave together with Flex days and/or public holidays totalling 10 or
more week days), or;
(ii) defer their
payment until the end of the relevant leave year, i.e. 30 November.
Wherever possible, payment will be made on the first
pay day after 30 November.
14. Families and Field
Work
14.1 Employees
covered by this Award from time to time will be required to undertake either
field work or to work away from their normal headquarters.
14.2 Employees who
wish to be accompanied by a family member on single day trips, must obtain
approval from their supervisor or Reporting Officer prior to the trip for the
purpose of insurance coverage.
14.3 Employees who
wish to be accompanied by a family member on working trips of more than one day
must obtain approval from their supervisor or Reporting Officer.
15. After Hours
Incident Service (AHIS)
15.1 Arrangements
15.1.1 Suitably qualified and trained employees from
the Organisation will be required to perform After Hours Incident Service
duties. These duties are in addition to their ordinary weekly hours of work.
15.1.2 Details of the operational arrangements and
conditions relating to the Organisation’s After Hours Incident Services are set
out in the relevant Procedure Guide as agreed to by the parties.
15.2 Payment
15.2.1 Payments to employees 'rostered on' the AHIS
at the date of making this Award will be:
$446.70
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per week allowance - the weekly allowance incorporates the
components for"
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inconvenience" and six incoming calls after/before
ordinary hours of work;
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$21.80
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for each incoming call above 6 during a roster - Not
limited
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$137.00
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per public holiday falling on a weekday; in addition to
weekly allowance
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Non-rostered employees contacted for advice out of
ordinary hours of work shall receive:
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$44.00
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when contacted after/before ordinary hours of work (refer to
sub-clause 9.2)
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15.2.2 The parties acknowledge that the provisions
in paragraph 15.2.1 compensate an employee for a reasonable amount of time and
work in responding to calls after normal working hours. However, on some
occasions responding to a call or calls may require time and work in excess of
reasonable expectation, in which case the employee can apply to their Reporting
Officer to claim overtime. Each claim will be considered on its merits and an
application does not guarantee approval.
Any overtime approved will be paid at a minimum of three (3) hours at
overtime rates. Overtime under this clause may not be claimed in addition to
being Called-Out (refer sub-clause 15.3) for the same period.
15.2.3 These allowances will be paid on the basis
of claims made by the employee, and will not form part of an employee’s
substantive salary, and therefore do not affect the calculation of leave or
superannuation.
15.3 Call-Out
15.3.1 An employee rostered on the AHIS and called out
by a person/organisation so authorised by the OEH or EPA in order to
investigate pollution complaints, surveillance of potential pollution sources,
or in other emergency situations outside normal working hours, will be paid a
minimum of three (3) hours at overtime rates.
15.3.2 This rate will also apply to subsequent
calls, provided that these are attended to after the three (3) hours time frame
set by the original call out has elapsed.
15.3.3 Where an employee is called out he/she is
entitled to a ten hour rest break before recommencing duty. The ten hour rest
period will commence from when the employee finished the last call relating to
the call-out or returned home from attending an emergency situation.
15.3.4 Where an employee is directed by management
to resume working before completing a ten hour break the employee will be paid
at overtime rates for all hours worked, until a ten hour break is taken.
15.3.5 Overtime is not payable when an employee
resumes working, of his/her own accord before completing a ten hour break.
16. Out of Hours
Disturbance- Supervising Officers
16.1 Supervising
Officers who are not rostered on duty on the After Hours Incident Service will
receive an allowance of $44.00 if contacted for advice or assistance in
relation to emergency complaints or pressing issues outside normal working
hours. Such payment will only be made once in any twenty-four (24) hour period.
This allowance is not payable when an employee is Called-Out as in sub-clause
15.3, when overtime rates will apply as contained in that clause.
16.2 The parties
acknowledge that the provisions in sub-clause 16.1 compensate an employee for a
reasonable amount of time and work in responding to calls after normal working
hours. However, on some occasions responding to a call or calls may require
time and work in excess of reasonable expectation, in which case the employee
can apply to their Reporting Officer to claim overtime. Each claim will be
considered on its merits and an application does not guarantee approval. Any
overtime approved will be paid at a minimum of three (3) hours at overtime
rates. Overtime under this clause may not be claimed in addition to Call-Out
provisions (refer sub-clause 15.3) for the same period.
17. Declared Incidents
17.1 From time to
time employees may be called upon to assist in the OEH's response to a declared
incident in the National Parks and Wildlife Service.
17.2 A declared
incident is not the same as an after hours incident as per clause 15 of this
Award. An incident is declared and approved by a NPWS Regional Manager or other
suitably authorised employee of the OEH and remains in place until such time as
the declaration of the incident is lifted.
17.3 Employees with
specific skills and expertise may, at the discretion of the Chief Executive or
delegate, be temporarily assigned to work on a declared incident in the NPWS.
17.4 Designated
Incident Roles
(i) Employees temporarily assigned to a designated incident role
as contained in clause 29, Table 4, in the NPWS Award are entitled to receive
the conditions and remunerations under the Incident Conditions provisions of
the Crown Employees (Office of Environment and Heritage – National Parks and
Wildlife Service) Conditions of Employment Award, or any successor instrument
to that Award.
17.5 Assignment to
non-designated incident support roles
17.5.1 In special circumstances an employee may, at
the discretion of the Chief Executive or their delegate, be assigned to specific
support roles that are not a designated incident role as contained in
sub-clause 17.4 but are associated with a declared incident.
17.5.2 Employees assigned to these roles shall be
paid their normal salary rate for the ordinary hours worked with overtime rates
payable beyond the employee’s agreed bandwidth for the duration of the declared
incident or until they return to normal duties.
18. Study Assistance
18.1 The Organisation
will support employees gaining additional skills through formal study and who
are progressing through their course in a consistent way based on the timeframe
indicated by the providing institution. Where a subject is failed an intention
to catch-up must be demonstrated.
18.2 Employees are
entitled to apply for study time and study leave in accordance with the
provision of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 or any successor instrument to that Award.
18.3 The following
costs associated with courses:
(i) Higher
Education Contribution Scheme Help fees; or
(ii) TAFE
compulsory fees; or
(iii) Compulsory
post-graduate fees; or
(iv) Compulsory
full fee paying course fees;
will be reimbursed by the
Organisation in accordance with the guidelines following.
18.4 The proportion of
fees to be reimbursed where the employee’s application for study assistance has
been approved under these guidelines, and
(i) is their
first qualification as an employee of the Organisation will be: 100% to a
maximum of $4,000 per annum refunded where the resultant qualification is
directly relevant to the Organisation’s operations or needs and is approved as
such by the relevant Organisation Head; or
(ii) is their
second or successive qualification as an employee of the Organisation: 50%
refunded to a maximum of $2,000 per annum where the resultant qualification is
directly relevant to the Organisation’s operations or needs and is approved as
such by the relevant Organisation Head.
18.5 Approval for
assistance will be considered annually and refunds will be paid for a maximum
of six annual approvals up to a total amount of $24,000 in respect of paragraph
18.4(i) or $12,000 in respect of paragraph 18.4(ii), where other requirements
have been met as in sub-clause 18.7 below.
18.6 At the
discretion of the Organisation Head and where the Organisation Head determines
that it is in the interests of the Organisation, approval may be given for a
maximum of eight annual approvals as set out in sub-clause 18.5 above.
18.7 To be eligible
to receive a refund, an employee must:
(i) have been
employed in the Organisation prior to the final examination in the academic
period under consideration and also be in employment on the date reimbursement
is requested;
(ii) produce evidence
of having successfully completed a full stage of an approved course (or the
subjects enrolled in at the start of a semester/year); and
(iii) produce
receipts substantiating payments made for compulsory fees or HECS fee incurred.
18.8 Employees who
have received prior approval for study assistance for a particular course, or
qualification under either the former OEH policies that existed prior to the
implementation of this Award, shall continue to receive their financial
assistance in accordance with those policies and their current approval for
that specific course or qualification. Any new application for another course
of study will be dealt with under the provisions of this Award.
18.9 Where there is
no break in the continuity of study and given successful completion of approved
study under paragraph 18.4 (i) any subsequent application for study assistance
will be treated as a second application under paragraph 18.4 (ii).
18.11 The costs
associated with courses as outlined in sub-clauses 18.3 (i)-(iv) above are
based on current 2006 costs. The parties to this Award agree, where there is a
significant increase in costs the parties shall seek to resolve any increase in
the listed amounts in paragraphs 18.4 (i) and 18.4 (ii) above. Where no agreement
is reached leave is reserved to seek the assistance of the Industrial Relations
Commission.
19. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
19.1 The entitlement
to salary package in accordance with this clause is available to:
(i) ongoing
full-time and part-time employees;
(ii) temporary
employees, subject to the Organisation’s convenience; and
(iii) casual
employees, subject to the Organisation’s convenience, and limited to salary sacrifice
to superannuation in accordance with sub-clause 19.7.
19.2 For the purposes
of this clause:
"salary" means the salary or rate of pay
prescribed for the employee's classification by sub-clause 6.8 or Part B
Monetary Rates, Schedule 1 - Salaries, of this Award, and any other payment
that can be salary packaged in accordance with Australian taxation law.
"post-compulsory deduction salary" means the
amount of salary available to be packaged after payroll deductions required by
legislation or order have been taken into account. Such payroll deductions may
include, but are not limited to, taxes, compulsory superannuation payments,
HECS payments, child support payments, and judgement debtor/garnishee orders.
19.3 By mutual
agreement with the Organisation Head, an employee may elect to package a part
or all of their post-compulsory deduction salary in order to obtain:
(i) a benefit or
benefits selected from those approved by the Secretary; and
(ii) an amount
equal to the difference between the employee’s salary, and the amount specified
by the Secretary for the benefit provided to or in respect of the employee in
accordance with such agreement.
19.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
19.5 The agreement
shall be known as a Salary Packaging Agreement.
19.6 Except in
accordance with sub-clause 19.7, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
employee and the Organisation Head at the time of signing the Salary Packaging
Agreement.
19.7 Where an
employee makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
employee may elect to have the amount sacrificed:
(i) paid into the
superannuation fund established under the First
State Superannuation Act 1992; or
(ii) where the
Organisation is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
(iii) subject to
the Organisation’s agreement, paid into another complying superannuation fund.
19.8 Where the
employee makes an election-to salary sacrifice, the Organisation shall pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
19.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
(i) Police
Regulation (Superannuation) Act 1906;
(ii) Superannuation
Act 1916;
(iii) State
Authorities Superannuation Act 1987;
or
(iv) State
Authorities Non-contributory Superannuation Act 1987;
the Organisation must ensure
that the employee's superable salary for the purposes of the above Acts, as
notified to the SAS Trustee Corporation, is calculated as if the Salary
Packaging Agreement had not been entered into.
19.10 Where the employee
makes an election to salary package, and where the employee is a member of a
superannuation fund other than a fund established under legislation listed in
sub-clause 18.9 of this clause, the Organisation must continue to base
contributions to that fund on the salary payable as if the Salary Packaging
Agreement had not been entered into.
This clause applies even though the superannuation contributions made by
the Organisation may be in excess of superannuation guarantee requirements
after the salary packaging is implemented.
19.11 Where the employee
makes an election to salary package:
(i) subject to
Australian Taxation law, the amount of salary packaged will reduce the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
(ii) any
allowance, penalty rate, payment for unused leave entitlements, weekly worker's
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee's rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the employee under sub-clause 6.8 or Schedule 1 of
this Award if the Salary Packaging Agreement had not been entered into.
19.12 The Secretary may
vary the range and type of benefits available from time to time following
discussion with the Unions. Such variations shall apply to any existing or
future Salary Packaging Agreement from date of such variation.
19.13 The Secretary will
determine from time to time the value of the benefits provided following
discussion with the Unions. Such variations shall apply to any existing or
future Salary Packaging Agreement from the date of such variation. In this
circumstance, the employee may elect to terminate the Salary Packaging
Agreement.
20. No Extra Claims
20.1 The No Extra Claims clause (clause 8)
contained in the Crown Employees (Public Sector – Salaries 2015) Award shall
apply to employees covered by this Award.
21. Union Delegates Rights
and Obligations
21.1 An employee
elected as a Union representative will, upon written notification by the Union
to the Organisation, be recognised as an accredited representative of that
Union, and will be allowed all reasonable time during working hours to attend
to Union business and to consult with management on matters affecting the
employees they represent. Such consultations should be arranged for times that
are convenient to both parties.
21.2 Union delegates
will inform their Reporting Officer of the need to absent themselves from their
workplace, and will arrange a mutually acceptable time to attend to their Union
duties.
21.3 Accredited union
delegates should recognise the need to balance their absence from the job on
Union business with the requirements for acceptable work performance.
21.4 The Organisation
will provide access to the facilities and office equipment needed by union
delegates to perform their Union function effectively, thus maximising the
mutual advantages of a consultative approach.
22. Industrial
Grievance Procedure
22.1 General
22.1.1 The aim of this procedure is to ensure that,
during the life of this Award, industrial grievances, (including grievances
within the meaning of the Anti-Discrimination
Act 1977) or disputes are prevented or resolved as quickly as possible at
the level they occur in the workplace.
22.1.2 The parties agree that whilst the procedures
contained in this clause are being followed, there is an expectation that
normal work will continue.
22.1.3 In seeking a resolution to any industrial
dispute or industrial grievance, the Organisation may be represented by an
industrial organisation of employers, and the employees of the Organisation may
be represented by an industrial organisation of employees.
22.1.4 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 employee to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Organisation Head or delegate.
22.2 Steps to Resolve
Industrial Grievances or Disputes
When a dispute or grievance arises, or is considered likely
to occur, the following steps are to be followed:
Step 1. The
matter is discussed between the employee(s) and the Reporting Officer or other
appropriate employee concerned and addressed within one week.
The employee(s) concerned may discuss the matter with
the Union representative, if so desired.
Step 2. If,
after a week since the matter was discussed with the Union representative and
the Reporting Officer the matter remains unresolved, the employee(s) concerned
may discuss the matter with the Union representative and the Branch Director.
If the matter remains unresolved follow Step 3.
Step 3. If,
after a week since the matter was discussed with the Union representative and
the Branch Director, the matter is still unresolved, the employee(s) concerned
may discuss the matter with the Branch Director, a representative of the
Employee Relations Branch and a Union representative and/or official.
Where it is agreed by the parties, and the matter is of
an urgent nature, the employee may go to Step 3 immediately. In the event that
the parties agree to go to Step 3 immediately, no more than a week should
elapse since the matter was first raised until Step 4 is followed.
Step 4. The
matter is discussed between senior representatives of the Organisation and the
relevant Union. The parties agree to exhaust the process of conciliation before
considering Step 5 below.
It is agreed that the parties will not deliberately
frustrate or delay these procedures. All efforts are to be made to resolve the
matter promptly. The conciliation process should take no longer than one month,
unless the parties agree to a longer period.
Step 5. If no
resolution is found, the matter may be referred to the Industrial Registrar in
order for the Industrial Relations Commission or Industrial Court to exercise
their functions under the Industrial
Relations Act 1996.
23.
Anti-Discrimination
23.1 It is the
intention of the parties bound by this Award 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.
23.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
prescribed in 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.
23.3 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.
23.4 Nothing in this
clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
23.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
23.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
23.7 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."
24. Deduction of Union
Membership Fees
24.1 The unions party
to this Award shall provide the Organisation with a schedule setting out union
fortnightly membership fees payable by members of each union in accordance with
each union's rules.
24.2 Each union shall
advise the Organisation of any change to the amount of fortnightly membership
fees made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the Organisation at least one
month in advance of the variation taking effect.
243 Subject to
sub-clauses 24.1 and 24.2 above, the Organisation shall deduct union
fortnightly membership fees from the pay of any employee who is a member of the
Union in accordance with the union's rules, provided that the employee has
authorised the Organisation to make such deductions.
24.4 Monies so
deducted from the employee’s pay shall be forwarded regularly to the respective
union together with all necessary information to enable the union to reconcile
and credit subscriptions to employees’ union membership accounts.
24.5 Unless other
arrangements are agreed by the Organisation and the respective unions, all
union membership fees shall be deducted on a fortnightly basis.
24.6 Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
25. Area, Incidence
and Duration
25.1 This Award shall
apply to employees in the Office of Environment and Heritage and the
Environment Protection Authority.
This Award will not apply to employees:
(i) transferred
to the Department under Administrative Order of 2 April 2007 and subsequent
Orders which established the Department of Environment and Climate Change
effective 27 April 2007; or
(ii) employed in
the Senior Executive Service (SES); or
(iii) employed in
the National Parks and Wildlife Service of the OEH including employees whose
current conditions and entitlements are determined by the Crown Employees
(Office of Environment and Heritage - Parks and Wildlife Group) Field Officers
and Skilled Trades Salaries and Conditions 2012 Award or any successor
instrument to that Award and employees whose current conditions and
entitlements are determined by the Flight Officers Enterprise Agreement 2014 or
any successor instrument to that Agreement; and
(iv) employed in
the Botanic Gardens Trust.
25.2 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 New South Wales on 28 April 1999 (310 IG 359) take effect on and from
24 November 2015.
25.3 The Award remains in force until varied or rescinded, the period
for which it was made having already expired.
25.4 Where this Award
is silent provisions contained in the Crown Employees (Public Service Conditions
of Employment) Award Reviewed 2009, or any successor instrument to that Award,
apply to employees covered by this Award.
PART B
MONETARY RATES
Schedule 1 - Salaries
Environment Officers - Office of Environment and Heritage
& the Environment Protection Authority
|
Classification
|
2.5% effective from the
first full pay
|
|
period on or after
1.7.15
|
|
Per Annum
|
|
$
|
Class 1
|
|
1
|
34,608
|
2
|
41,811
|
3
|
45,892
|
4
|
48,697
|
5
|
50,852
|
6
|
53,624
|
7
|
59,258
|
Class 2
|
|
1
|
59,258
|
2
|
60,998
|
3
|
62,616
|
4
|
64,955
|
Class 3
|
|
1
|
62,616
|
2
|
64,955
|
3
|
68,204
|
4
|
70,257
|
Class 4
|
|
1
|
68,204
|
2
|
70,257
|
3
|
73,175
|
4
|
76,049
|
Class 5
|
|
1
|
73,175
|
2
|
76,049
|
3
|
78,953
|
4
|
81,383
|
Class 6
|
|
1
|
78,953
|
2
|
81,383
|
3
|
84,548
|
4
|
87,120
|
Class 7
|
|
1
|
84,548
|
2
|
87,120
|
3
|
89,755
|
4
|
93,415
|
Class 8
|
|
1
|
89,755
|
2
|
93,415
|
3
|
96,343
|
4
|
101,261
|
Class 9
|
|
1
|
96,343
|
2
|
101,261
|
3
|
104,172
|
4
|
107,327
|
Class 10
|
|
1
|
104,172
|
2
|
107,327
|
3
|
111,607
|
4
|
114,879
|
Class 11
|
|
1
|
111,607
|
2
|
114,879
|
3
|
118,318
|
4
|
122,999
|
Class 12
|
|
1
|
118,318
|
2
|
122,999
|
3
|
127,125
|
4
|
129,854
|
Class 13
|
|
1
|
127,125
|
2
|
129,854
|
3
|
134,161
|
4
|
136,168
|
Class 14
|
|
1
|
134,161
|
2
|
136,168
|
3
|
142,474
|
4
|
148,785
|
Class 15
|
|
1
|
142,474
|
2
|
148,785
|
3
|
155,095
|
4
|
161,399
|
|
|
Other Rates and
Allowances
|
|
Brief Description
|
|
AHIS weekly allowance:
|
446.70
|
Inconvenience and 6 incoming calls after/before
|
|
normal working hours
|
|
For each call above 6 incoming calls in an AHIS roster
|
21.80
|
period; not limited
|
|
Extra per public holiday falling on a weekday
|
137.00
|
Out of hours disturbance (AHIS Supervising Officers)
|
44.00
|
PART C
MEMORANDUM OF
UNDERSTANDING
PARTIES
The parties to this Memorandum of Understanding are:
The Director of Public Employment (Department of
Environment and Conservation) ("the Department"); AND
The Public Service Association and Professional
Officers' Association- Amalgamated Union of New South Wales; and
The Association of Professional Engineers, Scientists
and Managers Australia (NSW Branch) ("the unions").
1. Introduction
1.1. This Memorandum
of Understanding reflects the agreement reached between the department and the
unions in respect of negotiations throughout 2004, 2005 and 2006 following the
amalgamation of the former National Parks and Wildlife Service; the former
Resources NSW; the Environment Protection Authority and the Royal Botanic
Gardens and Domain Trust, into the Department of Environment and Climate
Change.
1.2 This Memorandum
will be implemented through two awards -
The Crown Employees (Department of Environment and
Conservation) General - Conditions of Employment Award, and
The Crown Employees (Department of Environment and
Conservation) Parks and Wildlife - Conditions of Employment Award.
Both the awards will be
consent awards and will have a duration of 3 years commencing from the date the
Awards are made by the Industrial Relations Commission of New South Wales.
1.3 The parties
agree that the existing Botanic Gardens Awards will be retained with agreed
changes implemented by way of a determination or determinations made pursuant
to s.130 of the Public Employment and Management Act 2002.
1.4 The parties
agree to lodge the consent award applications with the Industrial Relations
Commission of New South Wales, no later than 1 November 2006.
1.5 The parties
also agree that none of the conditions; allowances or any other monetary
payments expressed in either of the new awards or this memorandum will come into
effect until such time as the new awards have been made. All existing
arrangements shall continue until such time as the new awards are operative
1.6 This Memorandum
shall have a term commencing from the date the memorandum is signed by the
parties until the expiry of the two awards.
1.7 The parties
agree that this Memorandum shall also express the agreed position of the
parties in respect of a number of issues that have been the subject of
negotiation but have not been included in either of the awards.
1.8 The parties
agree that both awards and any Botanic Gardens determinations made subject to
this Memorandum will include a clause stating that, for the duration of the
Awards, there shall be no further claims in respect of conditions of
employment; the payment of new allowances or the quantum of existing
allowances.
1.9 The parties
agree that those matters not addressed in this Memorandum or attachments to
this Memorandum shall remain as per the existing provisions of the current
awards, save for those parts of the award that require amendment to correct
dates; titles; spelling; grammar etc.
The parties agree that this Memorandum of Understanding
may be relied upon by any party in respect of any proceeding before the
Industrial Relations Commission of New South Wales.
2. Matters Agreed
- Non-Award
2.1 Departmental
Performance Management System: The parties agree that current performance
management systems operating within the Department and known as SPEADS; PMD and
CAPS shall be replaced with a single departmental wide performance management
system. The parties further agree that until such time as the new system is
operational, the current arrangements in situ for performance management shall
continue.
2.2 Culture and
Heritage Division: (a) The parties agree that those positions currently known
as Aboriginal Project Officers 1-2 will transfer to the EPO 2-7 grade on the
salary scale and Aboriginal Project Officers 3-4 will transfer to the EPO 9
grade on the salary scale. The date of transfer to the new salary scale shall
be as at the date that the awards are made.
(a) The parties
agree to develop progression criteria for the Aboriginal Project Officer
positions after the signing of this memorandum of understanding and prior to
the making of the award.
(b) The parties a
agree that Aboriginal Project/Research Officers who have already transitioned
to the EPO salary scale shall have a period of 12 months after the date of the
making of the award to submit an application for a progression. If such an application
is successful, then progression shall take place and salaries shall be paid as
a personal salary to the appropriate point on the Aboriginal Project/Research
officer salary scale.
(c) The parties
agree that all other staff currently employed within the Culture and Heritage
Division will transfer to the closest salary point on the EPO salary scale that
is equal to or less than their existing salary rate. The parties agree that
where such a transfer would result in the employee being paid at a lower rate,
the employee shall be paid a personal salary to the equivalent amount paid
under the previous salary scale; such personal salary rate to continue until
such time as the employee vacates the transferred position or receives an
increment that would take them past their previous personal salary. The parties
further agree that there is no requirement or need for any of the positions
affected by subclause (d) to undergo a job evaluation so as to facilitate the
transfer to the new salary scale.
(d) The parties
agree that all staff transferred from the Culture and Heritage Division to the
EPO salary scale who currently receive the remote area allowance as per the
Crown Employees (NPWS) Conditions of Employment 2000 award (clause 5 (D) shall
be paid the difference in the amount paid pursuant to this award and the amount
paid pursuant to the Crown Employees (Public Service Conditions of Employment)
Award as a personal salary whilst they continue to occupy the same position.
2.3 Interim Award
Arrangements: (a) the parties agree that the arrangement made between the
parties following the amalgamation of the department (the interim award
arrangement) shall cease upon the making of the new awards.
(a) the parties
further agree that all staff employed in Policy & Science Division (PSD);
Environment Protection and Regulation Division (EPRD); Sustainability Programs
Division (SPD), Corporate Services Division (CSD); Strategy Communication and
Governance Division (SC&GD) pursuant to the Crown Employees (NPWS) Conditions
of Employment 2000 Award will transfer to the closest salary point on the EPO
salary scale that is equal to or less than their salary rate.
(b) The parties
agree that where such a transfer would result in the employee being paid at a
lower rate, the employee shall be paid a personal salary to the equivalent
amount paid under the previous salary scale; such personal salary rate to
continue until such time as the employee vacates the position to which they
were transferred or receives an. increment that would take them past their
previous personal salary.
(c) The parties
agree that in the case of two officers employed in the Threatened Fauna and
Ecology Unit, the 5/7 allowance currently paid to these officers will cease but
the equivalent amount will be paid by way of a salary adjustment which shall be
regarded as a personal salary for as long as the officers concerned continue to
occupy their current positions.
(d) The parties
agree that Project/Research Officers who have already transitioned to the EPO
salary scale shall have a period of 12 months after the date of the making of
the award to submit an application for progression. If such an application is
successful, then progression will take place and salary shall be paid as a
personal salary to the appropriate point on the PRO salary scale.
2.4 Review of
Competency Standards for Rangers and Roles of Senior Rangers: (a) The parties
agree that the Department shall undertake a
review of the operation of competency standards as
currently applied in respect of rangers.
review of roles of Senior Rangers.
(a) The parties
agree that these reviews shall be commenced as soon as is practicable after the
signing of this Memorandum of Understanding.
2.5 Review of
Remote Areas Allowance : The parties agree to enter into discussions with a
view to updating the Remote Area Allowances. The parties further agree such
discussions would commence after the new award arrangements have been
implemented but no later than 1 July 2007. The parties also agree that if the parties
can reach agreement in respect of the remote areas allowance the relevant award
will be varied by consent to reflect the agreed position.
3. Matters Agreed
- for Inclusion in the Awards
3.1 Study
Assistance: the parties agree that both the awards and the BGT determination
shall incorporate the agreed position in respect of study assistance. The
details of the agreed position are set out in Attachment 1 to this agreement.
3.2 Contact with
Employees on Parental or Maternity Leave: the parties agree to insert within
the Parks and Wildlife Division Award a clause containing the following words:
"maintain contact with employees specifically in the context of workplace
change, restructuring and office relocations and attendance at relevant training
courses."
3.3 Families and
Fieldwork: the parties agree that the provisions as set out in clause
36(i);(vi); and (vii) of the Crown Employees (National Parks and Wildlife)
Conditions of Employment 2000 Award shall be included within both of the new
awards.
3.4 Pattern of
Hours Worked and Flexitime : (a) the parties agree that a new common provision
setting out the pattern of hours and flexitime will be included in both new
awards and BGT determination. The new provision shall adopt elements of the
system currently in place for Parks and Wildlife Division staff and the system
currently in place for EPO staff under the current EPA Award. The parties agree
that the details of the provision to be included in the awards are as set out
in Attachment 2 to this Memorandum of Understanding;
(a) the parties
further agree that in DEC (General) Award and in the BGT determination the new
provisions shall reflect a Coretime of 10.00 to 15.00 and a Bandwidth of 10.5 hours
commencing at 7.30 a.m. and ceasing at 6.00 p.m. The parties agree that core
time and bandwidth may be varied only in circumstances where prior approval has
been granted for such a variation;
(b) the parties
further agree that in PWD, consistent with clause 10 Hours of the NPWS Award,
(vi) "A roster of hours and days must be set and agreed to in writing 2
weeks before the 4 week roster period starts" appropriate administrative
arrangements will be put in place.
3.5 Incident
Conditions : (a) the parties agree to include within the new The Crown
Employees (Department of Environment and Conservation) General - Conditions of
Employment Award a clause which will enable suitably qualified staff to be
temporarily assigned to the following specific incident positions as currently
defined in the Crown Employees (National Parks and Wildlife Service) Conditions
of Employment 2000 Award.
Incident Controller
Logistics Officer
Planning Officer
Operations Officer
Divisional Commander
Sector Commander
Crew Leader
Crew Member
And/or to the following positions which the parties
agree shall be added to the relevant clause of the Crown Employees (Department
of Environment and Conservation) Parks and Wildlife - Conditions of Employment
Award -
Deputy Incident Controller
Safety officer
Situation Officer
Situation Unit Leader
Resource Officer
Resources Unit Leader
Air Attack Supervisor
Air Operations Manager
Air Base Manager
Air Observer.
(a) the parties further
agree, that staff assigned to undertake such roles shall be paid the relevant
wage/salary for the position for the period they occupy the position during the
incident.
(b) the parties
agree that other staff covered by The Crown Employees (Department of
Environment and Conservation) General - Conditions of Employment Award who are
assigned to non-specific incident positions during a defined incident shall be
paid their normal salary rate for ordinary hours worked with overtime payable
for the time worked beyond the employee's agreed bandwidth
(c) the parties
agree that rates for current specific incident positions shall be adjusted to
reflect increases under the Crown Employees (Public Service Salaries) Award
since 1997.
(d) the parties
agree that all designated incident positions (current and additional) shall
undergo an evaluation process as soon as is practicable after the commencement
of the new award.
3.6 After Hours
Incident Service: (a) the parties agree that The Crown Employees (Department of
Environment and Conservation) General - Conditions of Employment Award shall
incorporate the late call allowance into the weekly allowance that will result
in the weekly allowance being $339.00 per week with an additional amount of
$104.00 for each public holiday that falls on a weekday in a roster week;
(a) the parties
further agree that the out of hours disturbance allowance currently paid to
supervising officers will be reviewed as part of the general review of the
procedural guidelines governing the operation of the After Hours Incident
Service;
(b) the parties
agree that these allowances will be adjusted in line with the Crown Employees
(Public Sector Salaries 2004) Award or any successor instrument to this award.
3.7 Qualification Requirements:
the parties agree to insert a clause within the Crown Employees (Department of
Environment and Conservation) General - Conditions of Employment Award which
states:
"The parties agree that qualifications are not to
be used as barriers to appointment or promotion, however, where appropriate,
e.g. for technical competency and legal requirements; position descriptors will
include qualifications."
Attachment 1
DEC General and DEC (PWD) & BGT Determination
Study Assistance
(i) DEC will
support employees gaining additional skills through formal study and who are
progressing through their course in a consistent way based on the timeframe
indicated by the providing institution. Where a subject is failed an intention
to catch-up must be demonstrated.
(ii) Employees are
entitled to apply for study time and study leave in accordance with the
provision of the Personnel Handbook 1999 or subsequent revision.
(iii) The following
costs associated with courses -
Higher Education Contribution Help scheme Fee; or
TAFE compulsory fees: or
Compulsory post-graduate fees; or
Compulsory full fee paying course fees
will be reimbursed by the
Department in accordance with the guidelines following.
(iv) The proportion
of fees to be reimbursed where the employee's application for study assistance
has been approved under these guidelines, and:
(a) is their first
qualification as an employee of DEC: 100% to a maximum of $4,000 per annum
refunded where the resultant qualification is directly relevant to DEC
operations or needs and is approved as such by the Director General; or
(b) is their
second or successive qualification as an employee of DEC: 50% refunded to a
maximum of $2,000 per annum where the resultant qualification is directly
relevant to DEC operations or needs and is approved as such by the Director
General.
(v) Approval for
assistance will be considered annually and refunds will be paid for a maximum
of six annual approvals up to a total amount of $24,000 in respect of
sub-clause (iv)(a) or $12,000 in respect of sub-clause (iv)(b), where other
requirements have been met as in subclause (viii) below.
(vi) At the
discretion of the Director General and where the Director General determines
that it is in the interests of the Department, approval may be given for a
maximum of eight annual approvals as set out in (v) above.
(vii) To be eligible
to receive a refund, an employee must:
(a) have been
employed in the Department prior to the final examination in the academic
period under consideration and also be in employment on the date reimbursement
is requested;
(b) produce
evidence of having successfully completed a full stage of an approved course
(or the subjects enrolled in at the start of a semester/year); and
(c) produce
receipts substantiating payments made for compulsory fees or HECS fee incurred.
(viii) Staff members
who received prior approval for study assistance:
(a) under this
clause or similar clause/policy of a related entity, and
(b) commenced the
approved course/subject under the award or policy at the time, and
(c) there is no
break in the continuity of study and successful completion.
Will be regarded as under the award clause or policy
until the completion of the approved course/study. Any subsequent application
for study assistance will be treated as a second application under subclause
(iv)(b) of this clause.
(ix) The costs
associated with courses as outlined in subclause (iii) above are based on current
2006 costs. The parties to this Award agree, where there is a significant
increase in costs the parties shall seek to resolve any increase in the listed
amounts in subclauses (iv) (a) and (b) above. Where no agreement is reached
leave is reserved to seek the assistance of the Industrial Relations
Commission.
Attachment 2
DEC General as Part of Current EPA Flexitime Clause BGT
Determination and DEC (PWD) Clause
Pattern of Hours
(i) Pattern of
hours is the way hours are worked each settlement period; ie, start/finish
times and days of the week for 7-day roster workers.
(ii) Patterns of
hours can be either flexitime, where start/finish times are flexible within the
bandwidth; or, determined where start/finish times are set.
A. Flexitime
(i) Employees are
able to take two (2) flexi days off in a settlement period, as long as they
have accumulated enough hours to do so.
(ii) With prior
management approval, employees may accumulate a credit balance of 14-35 hours
to enable them to have up to 5 flexi days in a settlement period, to be taken
at a mutually convenient time.
(iii) Employees who
continually fail to take annual leave as a result of taking extended periods of
flex leave may be placed on standard hours by management following appropriate
consultation until a reasonable leave balance is established in accordance with
the award provisions.
(iv) Supervisors
will have full and open 24 hour access to Employees' time sheet records and
records pertaining to an employee flex leave.
(v) Employees may
carry forward to the next settlement period, in accordance with i) and ii)
above a credit balance of up to 35 hours or a debit balance of 10 hours.
(vi) Flex leave can
be taken at either the beginning or end of a period of leave.
(vii) Flexidays can
be taken as either half days or full days. Time outside the bandwidth will not
accrue to flexitime balance.
(viii) Employees must
have prior approval before taking flex leave.
(ix) On cessation of
duty Flexi Credits will be dealt with in accordance with Clause 20 (n) of the
Crown Employees (Public Service Conditions of Employment) Award 2002 as varied.
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.