Crown Employees (NSW Department of Justice) -
Museum of Applied Arts and Sciences Electrical Preparators Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations
Act 1996.
(No. IRC 685 of 2015)
|
Before Commissioner Stanton
|
24 November 2015
|
REVIEWED
AWARD
Index
PART A
Clause No. Subject
Matter
1. Title
2. Parties
3. Definitions
4. Intention
5. Wage
Rates
6. General
Conditions of Employment
7. Consultative
Committee
8. Grievance
and Dispute Handling Procedures
9. Classification
Standards
10. Anti-Discrimination
11. Area
Incidence and Duration
12. Savings
and Rights
13. No Extra
Claims
PART B
MONETARY RATES
Table 1 - Rates of Pay
PART A
1. Title
1.1 This Award
shall be known as the "Crown Employees (NSW Department of Justice) -
Museum of Applied Arts and Sciences Electrical Preparators
Award.
2. Parties
2.1 This Award has
been made between the following parties:
The Industrial Relations Secretary
Electrical Trades Union of Australia, NSW Branch
3. Definitions
"Act" means the Government Sector
Employment Act 2013.
"Conditions Award" means the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009.
"Department" means the NSW Department of
Justice.
"Department Head" means the Secretary of the
NSW Department of Justice .
"–Industrial Relations Secretary" means the
Secretary of Treasury as defined in s49 of the Act.
"Operative Date" means the date on which this
Award is made by the Industrial Relations Commission of New South Wales and
becomes legally binding on the parties.
"Staff" means and includes all persons in
ongoing employment or temporarily employed under the provisions of the Government
Sector Employment Act 2013, and who, as at the operative date of this Award
were occupying one of the roles covered by this Award, or who, after that date,
are appointed to or employed in one of such roles.
"Supervision" means, in addition to normal
supervisory responsibilities, the assessment, evaluation and training of staff.
"Union" means the Electrical Trades Union of
Australia, NSW Branch.
4. Intention
4.1 It is intended
that the Award will provide a suitable basis for the parties to implement
appropriate arrangements to ensure that corporate objectives are met.
4.2 The Award will
help facilitate the processes necessary to enhance the productivity of the
organisation and provide a better return to the organisation, the staff, and
the community.
5. Wage Rates
5.1 The wage rates
paid to staff covered by this Award are specified in Part B Table 1 - Rates of
Pay, of Part B, Monetary Rates.
5.2 These rates
will move in accordance with the Crown
Employees Wages Staff (Rates of Pay) Award 2015 as varied or any replacement
award.
6. General Conditions
of Employment
6.1 Conditions of
employment are regulated by the Government Sector Employment Act 2013and
its Regulations and Rules.
6.2 Conditions
provided by this Award are:
6.2.1 The ordinary
working hours shall be an average of thirty-five per week.
6.2.2 All allowances
previously paid to staff covered by this Award, including the Licence
Allowance, Tool Allowance and Leading Hand Allowance, are to be rolled into
salary.
6.2.3 As from the date
of effect of this Award, staff covered by this Award shall not be required to
provide their own tools.
6.2.4 Employees will
be entitled to an additional holiday on a working day nominated by the
Department Head within the period between Boxing Day and New Year’s Day. This
holiday applies in lieu of the Union Picnic Day entitlement provided by the Crown Employees (Skilled Trades) Award.
6.3 Conditions
provided by other Awards
6.3.1 Conditions of
employment not regulated by this clause shall be covered by the Crown Employees (Skilled Trades) Award
except for Overtime, Travelling Compensation and Excess Travelling Time for
which provisions of the Conditions Award shall apply and;
6.3.2 Any other
conditions not regulated by this Award or the Crown Employees (Skilled Trades) Award shall be provided by the
Conditions Award as varied.
6.4 Where there is
any inconsistency between this Award, the Crown Employees (Skilled Trades) Award
and the Conditions Award this Award shall prevail to the extent of the
inconsistency.
6.5 Flexible
Working Hours
Flexible Working Hours: The Museum of Applied Arts and
Sciences Flexible Working Hours Agreement of 1999 shall govern the employees
covered under this award in terms of the hours of duty and flexible working
hours.
6.6 Union deduction
Subject to a staff member making written authorisation,
the Department shall deduct from the staff member’s pay, subscriptions payable
to a nominated industrial organisation of employees (Union) and shall pay the
deducted subscriptions to such an organisation.
7. Consultative
Committee
7.1 The Museum of
Applied Arts and Sciences ETU/Management Consultative Committee shall monitor
the implementation of this Award and make, during its period of operation,
recommendations to the Secretary of the Museum of Applied Arts and Sciences
with regard to any matters regarding the implementation of this Award.
7.2 The
ETU/Management Consultative Committee shall consist of representatives of management
and representatives of the unions which are party to this Award, the latter
chosen at the discretion of the union members covered by this Award.
7.3 Should the
parties to the ETU/Management Consultative Committee fail to reach agreement on
any matter the Dispute Resolution Procedures outlined in Clause 8 will be
followed.
8. Grievance and
Disputes Settling Procedures
8.1 All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
Department, if required.
8.2 A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
8.3 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 staff member 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.
8.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
8.5 If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Department
Head.
8.6 The Department
Head may refer the matter to the Industrial Relations Secretary for
consideration.
8.7 If the matter
remains unresolved, the Department Head shall provide a written response to the
staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
8.8 A staff member,
at any stage, may request to be represented by the Association.
8.9 The staff
member or the Association on their behalf or the Department Head may refer the
matter to the Industrial Relations Commission of NSW if the matter is unresolved
following the use of these procedures.
8.10 The staff
member, Association, Department and Industrial Relations Secretary shall agree
to be bound by any order or determination by the New South Wales Industrial
Relations Commission in relation to the dispute.
8.11 Whilst the
procedures outlined in subclauses 8.1 to 8.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving work health and safety, if practicable, normal work shall
proceed in a manner which avoids any risk to the health and safety of any staff
member or member of the public.
9. Classification
Standards
9.1 A role falling within
the scope of this Award shall have assigned to it a classification level
determined in accordance with the classification standards detailed below. Progression in each level is detailed below.
9.1.1 Electrical Preparator Grade 1: There are three salary levels for
incremental progression. Progression will be determined by satisfactory
performance and satisfactory attendance after 12 months at each level.
9.1.2 Electrical Preparator Grade 2: There is a soft barrier from Grade 1.
Progression will be determined by satisfactory attendance after 12 months at
the Year 3 level of Grade 1, availability of work at the higher level of duties
as specified in the role description and satisfactory performance of the higher
level of duties. Approval for progression will be in accordance with the Museum
of Applied Arts and Sciences’ Delegation Manual. There are 2 salary levels in
Grade 2. Progression will be determined by satisfactory performance and
satisfactory attendance after 12 months at each level.
9.1.3 Senior
Electrical Preparator: This is a promotional role and
there are two levels in this classification. Progression will be determined by
satisfactory performance and satisfactory attendance after 12 months at each
level.
10.
Anti-Discrimination
10.1 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.
10.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
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
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 that, by its
terms or operation, has a direct discriminatory effect.
10.3 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.
10.4 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 or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
10.5 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.
(a) Employers and staff
members may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this 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."
11. Area Incidence and
Duration
11.1 This Award
applies to all staff of the Museum of Applied Arts and Sciences who are
currently employed in the classifications defined in Part B, Table 1 of the Crown Employees (Skilled Trades) Award.
11.2 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 I.G. 359) take effect on
and from 24 November 2015.
11.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
12. Savings and Rights
12.1 At the time of
making this Award, no person covered by this Award will suffer a reduction in
his or her rate of pay or any loss of or diminution in his or her conditions of
employment as a consequence of the making of this Award.
13. No
Extra Claims
Other than as
provided for in the Industrial Relations Act 1996 and the Industrial
Relations (Public Sector Conditions of Employment) Regulation 2014, there
shall 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 30 June 2016 by a party to this
Award.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Rates of pay
effective 1 July 2015
|
|
Pay Rates 1/7/2015
|
|
|
$
|
|
Grade 1
|
|
|
1st Year
|
58,239
|
|
2nd Year
|
59,795
|
|
3rd Year
|
61,470
|
|
Grade 2
|
|
|
1st Year
|
63,800
|
|
2nd Year
|
66,294
|
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Senior Electrical Preparator
|
|
|
Grade 1
|
|
|
1st Year
|
69,025
|
|
2nd Year
|
70,282
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(NB Rates were adjusted in the Crown Employees Wages Staff
(Rates of Pay) Award 2015, made in the Industrial Relations Commission of NSW
on 10 July 2015.
J. D. STANTON, Commissioner
____________________
Printed by the authority of the Industrial Registrar.