Crown Employees (Independent Transport Safety
Regulator) Award 2016
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public Service Association and Professional Officers' Association Amalgamated
Union of New South Wales, Industrial
Organisation of Employees.
(Case No. 2016/00167960)
|
Before Commissioner Murphy
|
2 June 2016
|
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject
Matter
1. Arrangement
2. Definitions
3. Intent
4. Work
Environment
5. Salaries
and Grades
6. Performance
Development and Evaluation Scheme
7. Working
Hours and Overtime
8. Overtime
9. Recreation
Leave
10. Annual
Leave Loading
11. Sick Leave
12. Family and
Community Service Leave
13. Leave Without Pay
14. Military
Leave
15. Parental
Leave
16. Religious
or Cultural Obligations
17. Special
Leave
18. Extended
Leave
19. Public
Holidays
20. Workplace
Flexibility
21. Learning
and Development
22. Allowances
23. Trade
Union Activities
24. Grievance
and Dispute Resolution Procedure
25. Anti-Discrimination
26. Secure
Employment - OHS
27. No Extra
Claims
28. Lactation
Breaks
29. Leave For Matters Arising From Domestic Violence
30. Area,
Incidence and Duration
PART B
MONETARY RATES
Schedule 1 - ITSR Salaried Officers
Schedule 2 - ITSR Senior Officers
2. Definitions
(i) "Association"
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
(ii) "ITSR"
means the Independent Transport Safety Regulator established by the Transport
Administration Act 1988.
(iii) "Staff"
or "staff members" shall mean person(s) employed by ITSR under
Section 21 of the Government Sector Employment Act and covered by this Award.
(iv) "Transferred
staff" mean former State Rail Authority staff, former Rail Infrastructure
Corporation staff, former Office of Co-ordinator General of Rail staff or
former Ministry of Transport staff who were transferred to ITSR on 1 January
2004 under Schedule 6 of the Transport Administration Act 1988.
(v) Chief
Executive means the Chief Executive of ITSR or their nominee.
(vi) "Domestic
Violence" means domestic violence as defined in the Crimes (Domestic and
Personal Violence) Act 2007.
3. Intent
This award aims to consolidate, in the one document, the
common conditions of employment of staff and to facilitate, as appropriate,
greater flexibility in the workplace.
4. Work
Environment
ITSR is committed to fostering engagement of staff with the
organisation and its values through the provision of:
(i) interesting work;
(ii) effective communication that establishes clear performance
expectations and feedback on performance;
(iii) provision of an harassment free, cooperative work
environment where staff are treated with dignity and respect;
(iv) employment conditions that support staff in balancing their
work and home commitments;
(v) support for learning and career development opportunities;
and,
(vi) maintaining accident-free and healthy workplace by:
(a) the development of policies and guidelines on occupational
health, safety and rehabilitation;
(b) pursuing the
objectives of the Work Health and Safety Act 2011 and the Work Health and
Safety Regulation 2011 by maintaining agreed consultative arrangements to
identify and implement safe systems of work, safe work practices, working
environments and appropriate risk management strategies and to determine the
level of responsibility to achieve these objectives;
(c) identifying training strategies for staff members, as
appropriate, to assist in the recognition, elimination or control of workplace
hazards and the prevention of work related injury and illness;
(d) developing strategies to assist the rehabilitation of
injured staff members.
5. Salaries and
Grades
(i) The
salaries payable are prescribed in Part B, Monetary Rates, of this Award.
(ii) No further
staff shall be classified as Grade 9 under this Award.
(iii) ITSR and
staff member(s) can agree to salary sacrifice arrangements.
6. Performance
Development and Evaluation Scheme (PDES)
(i) All
staff are required to participate in the PDES.
(ii) Incremental
progression in salary is subject to obtaining a satisfactory rating under the
PDES at prior 6 monthly or annual performance feedback session.
(iii) ITSR is
committed to ensuring that PDES is implemented for all staff and that reviews
are conducted as scheduled, so that staff are not disadvantaged for incremental
progression by any delay.
(iv) ITSR is committed
to supporting learning and development opportunities that are aligned to ITSR’s
Learning and Development strategies and are agreed and documented through the
PDES.
7. Working Hours
and Overtime
(i) Ordinary
hours of work are currently determined as 35 hours per week.
(ii) Where staff
work under a flexitime arrangement work hours are averaged over a 4 week
period.
(iii) The Chief
Executive may require a staff member to perform duty beyond the hours but only if
it is reasonable for the staff member to be required to do so. A staff member
may refuse to work additional hours in circumstances where the working of such
hours would result in the staff member working unreasonable hours. In
determining what is unreasonable the following factors shall be taken into
account:
(a) the staff member’s prior commitments outside the workplace,
particularly the staff member’s family and carer responsibilities, community
obligations or study arrangements,
(b) any risk to staff member’s health and safety,
(c) the urgency of the work required to be performed during
additional hours, the impact on the operational commitments of the organisation
and the effect on client services,
(d) the notice (if
any) given by the Chief Executive regarding the working of the additional
hours, and by the staff member of their intention to refuse the working of
additional hours, or
(e) any other relevant matter.
8. Overtime
(i) The
overtime provisions as set out in the Crown Employees (Public Service
Conditions of Employment)
Reviewed Award as varied, shall apply.
(ii) Such overtime
shall be approved in advance by the Chief Executive Officer.
9. Recreation
Leave
The recreation leave provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Reviewed Award as varied,
shall apply.
10. Annual Leave
Loading
The annual leave loading provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Reviewed Award as varied, shall apply.
11. Sick Leave
The sick leave provisions as set out in the Crown Employees
(Public Service Conditions of Employment) Reviewed Award as varied, shall
apply.
12. Family and
Community Service Leave
The Family and Community Service Leave provisions as set out
in the Crown Employees (Public Service Conditions of Employment) Reviewed Award
as varied, shall apply.
13. Leave Without Pay
The leave without pay provisions as set in the Crown
Employees (Public Service Conditions of Employment) Reviewed Award as varied, shall apply.
14. Military Leave
The military leave provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Reviewed Award as varied,
shall apply.
15. Parental Leave
Parental leave provisions include Maternity leave and
Adoption Leave. The parental leave
provisions as set out in the Crown Employees (Public Service Conditions of
Employment) Reviewed Award as varied, shall apply.
16. Religious Or Cultural Obligations
The observance of essential religious or cultural obligations
shall be in accordance with provisions in the Crown Employees (Public Service
Conditions of Employment) Reviewed Award as varied.
17. Special Leave
(i) The
Special Leave provisions as set out in the Crown Employees (Public Service
Conditions of Employment) Reviewed Award as varied, shall apply.
(ii) When the
leave entitlements referred to in clause 29, Leave for Matters Arising From
Domestic Violence have been exhausted, the Chief Executive shall grant up to
five days per calendar year to be used for absences from the workplace to
attend to matters arising from domestic violence situations.
18. Extended Leave
(i) General
Extended leave for employees is provided for by the
Government Sector Employment Act and the Government Sector Employment Regulation
2014.
(ii) Extended
Leave Entitlements
(a) A staff member
who has completed 10 years of continuous service with ITSR or as recognised in
accordance with paragraph (e) of this subclause is entitled to extended leave
of:
(1) 44 working days
at full pay, or
(2) 88 working days
at half pay, or
(3) 22 working days
at double pay.
(b) For each
additional calendar year of service completed in excess of 10 years, employees
accrue 11 working days extended leave.
(c) Staff members
who have completed at least 7 years of continuous service are entitled to
access the extended leave accrual indicated in paragraph (a) of this subclause
on a pro rata basis of 4.4 working days per completed year of service.
(d) Staff members
who are employed part-time are entitled to extended leave on the same basis as
that applying to a full-time employee but payment for the leave is calculated
on a pro rata basis.
(e) Continuous
service with other NSW government bodies will be recognised by ITSR in
accordance with Government Sector Regulation 2014 (NSW).
(f) Nothing in
paragraph (e) of this subclause entitles a staff member to payment for previous
service recognised where the accrual for that service has previously been taken
as leave or paid out on termination.
(iii) Payment and
Taking of Extended Leave
(a) Subject to
ITSR approval, extended leave may be taken:
(1) at a time convenient to ITSR;
(2) for a minimum period of one hour;
(3) at full pay, half pay or double pay.
(b) Payments will
be increased to reflect any increment action a staff member becomes eligible
for while absent on extended leave.
(iv) Payment
or Transfer of Extended Leave on Termination
(a) A
staff member who is entitled to extended leave on termination of service,
including retirement, is paid the monetary value of the leave as a
gratuity, in lieu of taking the leave.
(b) Staff members
who have at least five years’ service but less than seven years’ service are
paid a pro-rata of the extended leave entitlement if employment is terminated:
(1) by ITSR for any reason other than serious and intentional
misconduct;
(2) by the staff member in writing on account of illness,
incapacity or domestic or other pressing necessity; or
(c) on retirement.
19. Public
Holidays
The public holidays provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Reviewed Award as varied,
shall apply.
20. Workplace
Flexibility
(i) ITSR
is committed to providing flexibility in regard to work hours.
(ii) Approval can
be given by the Chief Executive for staff to change to part-time work hours on
a permanent or temporary basis.
(iii) Approval can
be given by the Chief Executive for staff to work from home on a temporary,
fixed term or regular basis. Such approval
is subject to:
(a) appropriate work is available that can be done at home
efficiently without supervision and without liaison with other staff;
(b) the absence does not adversely affect the performance of the
work group or the provision of necessary support services to others;
(c) the home environment or circumstances will not prevent staff
from completing an amount of work equivalent to what would normally be
completed in the office environment; and
(d) staff are available for telephone consultation and where
possible available to return to the office at short notice.
(iv) All
work from home approvals shall ensure adequate consideration of, and compliance
with occupational health and safety, confidentiality and security provisions.
(v) Where appropriate,
facilities and equipment shall be provided to enable staff to work at home.
(vi) Approval
can be given by the Chief Executive for staff to take recreation leave at half
pay.
(vii) Approval can
be given by the Chief Executive to staff member requests to purchase additional
leave. The purchased leave provisions as
set out in the Crown Employees (Public Service Conditions of Employment)
Reviewed Award as varied, shall apply.
(viii) Approval can
be given for staff to use leave without pay to phase-in their retirement.
21. Learning and
Development
Learning and development, including study leave, provisions
as set out clause 85, Staff Development and Training Activities and clause 86, Study
Assistance of the Crown Employees (Public Service Conditions of
Employment) Reviewed Award as varied,
shall apply.
22. Allowances
Allowances as set out in the Crown Employees (Public Service
Conditions of Employment) Reviewed Award as varied, shall apply.
23. Trade Union
Activities
The provisions for trade union activities as set out in the
Crown Employees (Public Service Conditions of Employment) Reviewed Award as varied, including
consultation and technological change and union deductions, shall apply.
24. Grievance and
Dispute Resolution Procedure
(i) 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, if
required.
(ii) 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.
(iii) 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 or the Executive Director Corporate Services
and Planning.
(iv) This manager
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.
(v) 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. This sequence of
reference to successive levels of management may be pursued by the staff member
until the matter is referred to the Chief Executive Officer.
(vi) The
Chief Executive Officer or the Association may refer the matter to mediation.
(vii) If the matter
remains unresolved, the Chief Executive Officer 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.
(viii) A staff
member, at any stage, may request to be represented by the Association.
(ix) The staff member
or the Association on their behalf or the Chief Executive may refer the matter
to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
(x) The staff
member, the Association and ITSR shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) 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. In a case involving occupational 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.
25. 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, including breast
feeding.
(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 person 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.
NOTES
(vi) Employers
and employees may also be subject to Commonwealth anti‑discrimination
legislation.
(vii) 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’.
26. Secure
Employment - WHS
(i) Work
Health and Safety
(a) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with employees of the labour hire business and/or
contract business regarding the work
health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
work health and safety induction training including the appropriate training required
for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees of the labour hire business and/or contract
business are made aware of any risks identified in the workplace and the
procedures to control those risks.
(c) Nothing in this
subclause (i) is intended to affect or detract from
any obligation or responsibility upon a labour hire business arising under the
Work Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
(ii) Disputes Regarding
the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(iii) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
27. 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
2017 by a party to this Award.
28. Lactation
Breaks
(i) This
clause applies to staff members who are lactating mothers. A lactation break is provided for
breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this award.
(ii) A full time
staff member or a part time staff member working more than 4 hours per day is
entitled to a maximum of two paid lactation breaks of up to 30 minutes each per
day.
(iii) A part time
staff member working 4 hours or less on any one day is entitled to only one
paid lactation break of up to 30 minutes on any day so worked.
(iv) A
flexible approach to lactation breaks can be taken by mutual agreement between
a staff member and their manager provided the total lactation break time
entitlement is not exceeded. When giving consideration to any such requests for
flexibility, a manager needs to balance the operational requirements of the
organisation with the lactating needs of the staff member.
(v) The Chief
Executive shall provide access to a suitable, private space with comfortable
seating for the purpose of breastfeeding or expressing milk.
(vi) Other
suitable facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable to provide these facilities,
discussions between the manager and staff member will take place to attempt to
identify reasonable alternative arrangements for the staff member’s lactation
needs.
(vii) Staff members
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
(viii) Staff members
needing to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise sick leave in accordance with clause 11, Sick Leave of this award,
or access to the flexible working hours scheme provided in clause 7, Hours of
Work and Overtime of this award, where applicable.
29. Leave for
Matters Arising from Domestic Violence
(i) The
definition of domestic violence is found in subclause (vi)
of clause 2 Definitions, of this award.
(ii) Leave
entitlements provided for in clause 12, Family and Community Service Leave,
clause 11 Sick leave may be used by staff members experiencing domestic
violence;
(iii) Where the
leave entitlements referred to in subclause 29(ii) are exhausted, the Chief
Executive shall grant Special Leave as per the second paragraph of clause 17.
(iv) The Chief
Executive will need to be satisfied, on reasonable grounds, that domestic
violence has occurred and may require proof presented in the form of an agreed
document issued by the Police Force, a Court, a Doctor, a Domestic Violence
Support Service or Lawyer;
(v) Personal
information concerning domestic violence will be kept confidential by the
agency;
(vi) The
Chief Executive where appropriate, may facilitate flexible working arrangements
subject to operational requirements, including changes to working times and
changes to work location, telephone number and email address.
30. Area,
Incidence and Duration
(i) This
Award shall apply to staff of ITSR employed in the classifications set out in
Part B, Monetary Rates of this Award.
(ii) This Award
shall apply to the total exclusion of any other industrial instrument, except
where specified in this Award.
(iii) The Award
varies all terms and conditions of employment of transferred staff so that the
terms and conditions, save and except for any entitlement to travel passes, are
limited to those terms and conditions of employment provided in this Award.
(iv) The
award rescinds and replaces the Crown Employees (Independent Transport Safety
Regulator) Award 2015 published 3 July 2015 (377 I.G. 908). The Award shall
commence on 1 July 2016 and has a nominal expiry date of 30 June 2017.
(v) This award
complies with the requirements of section 19 of the Industrial Relations Act
1996.
PART B
MONETARY RATES
Schedule 1 - ITSR Salaried Officers
|
GRADE
|
|
Rate
|
|
|
|
01.07.16
|
|
|
|
$
|
|
1
|
1st Year
|
45,733
|
|
1
|
2nd Year
|
47,330
|
|
1
|
3rd Year
|
48,986
|
|
1
|
4th Year
|
50,699
|
|
2
|
1st Year
|
52,478
|
|
2
|
2nd Year
|
54,314
|
|
2
|
3rd Year
|
56,213
|
|
2
|
4th Year
|
58,189
|
|
3
|
1st Year
|
60,219
|
|
3
|
2nd Year
|
62,327
|
|
3
|
3rd Year
|
64,507
|
|
3
|
4th Year
|
66,767
|
|
4
|
1st Year
|
69,107
|
|
4
|
2nd Year
|
71,520
|
|
4
|
3rd Year
|
74,028
|
|
4
|
4th Year
|
76,619
|
|
5
|
1st Year
|
79,398
|
|
5
|
2nd Year
|
82,073
|
|
5
|
3rd Year
|
85,115
|
|
5
|
4th Year
|
87,921
|
|
6
|
1st Year
|
91,000
|
|
6
|
2nd Year
|
94,187
|
|
6
|
3rd Year
|
97,478
|
|
6
|
4th Year
|
100,889
|
|
7
|
1st Year
|
104,421
|
|
7
|
2nd Year
|
108,076
|
|
7
|
3rd Year
|
111,859
|
|
7
|
4th Year
|
115,771
|
|
8
|
1st Year
|
119,827
|
|
8
|
2nd Year
|
124,020
|
|
8
|
3rd Year
|
131,776
|
|
8
|
4th Year
|
137,579
|
|
9*
|
1st Year
|
142,396
|
|
9*
|
2nd Year
|
150,044
|
|
9*
|
3rd Year
|
157,798
|
|
9*
|
4th Year
|
163,603
|
*
Grade 9 is only applied to staff members classified in that grade
as at 1 July 2008.
Schedule 2 - ITSR Senior Officers
|
GRADE
|
|
Rate
|
|
|
|
01.07.16
|
|
|
|
$
|
|
1
|
1st Year
|
153,915
|
|
1
|
2nd Year
|
165,845
|
|
2
|
1st Year
|
168,650
|
|
2
|
2nd Year
|
180,545
|
|
3
|
1st Year
|
186,585
|
|
3
|
2nd Year
|
204,816
|
J.V. MURPHY, Commissioner
____________________
Printed by the authority of the Industrial Registrar.