Crown Employees (Centennial Park and Moore Park
Trust Building and Mechanical Services Employees) Award 2016
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00007043)
|
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Parties
3. Definitions
4. Intention
5. Workplace
Reform Program
6. Wage
Rates
7. School
Based Apprentices
8. General
Conditions of Employment
9. Deduction
of Union Membership Fees
10. Consultative
Committee
11. Grievance
and Dispute Resolution Procedures
12. Classification
Standards
13. Anti-Discrimination
14. Sick Leave
to Care for a Family Member
15. Savings
and Rights
16. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Allowances
PART A
1. Title
This Award shall be known as the Crown Employees (Centennial
Park and Moore Park Trust Building and Mechanical Services Employees) Award
2016.
2. Parties
2.1 This Award has
been made between the following parties:
The Industrial Relations Secretary;
Chief Executive, Office of Environment and Heritage
(OEH);
Communications, Electrical, Electronic, Information,
Postal, Plumbers and Allied Services Union of Australia Plumbing Division (New
South Wales Branch);
Construction, Forestry, Mining and Energy Union (New
South Wales Branch); and
Automotive, Foods, Metals, Engineering, Printing and
Kindred Industries Union (New South Wales Branch).
3. Definitions
"Chief Executive" means the Chief Executive of the
Office of Environment and Heritage.
"Employee" means and includes all persons employed
under the provisions of the Government Sector Employment Act 2013 and who have
been assigned to a role covered by this Award.
"Secretary" means the Industrial Relations
Secretary, as established under the Government Sector Employment Act 2013.
"Supervision" means, in addition to normal
supervisory responsibilities, the assessment, evaluation and training of
employees
"Union" means the Communications, Electrical,
Electronic, Information, Postal, Plumbers and Allied Services Union of
Australia Plumbing Division (New South Wales Branch); the Construction,
Forestry, Mining and Energy Union (New South Wales Branch), the Automotive,
Foods, Metals, Engineering, Printing and Kindred Industries Union. (New South
Wales Branch), having regard to their respective coverage.
4. Intention
4.1 The purpose of
this Award is to regulate the terms and conditions of employment of employees
at Centennial Park who are engaged in the trades of Carpenter, Motor Mechanic,
Painter and Plumber.
4.2 It is intended
that this Award will align the wages of the employees employed under this Award
with the employees employed under the Crown Employees (Parks and Gardens -
Horticulture and Rangers Staff) Award.
4.3 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.
4.4 This Award will
help facilitate the processes necessary to enhance the productivity of the
organisation and provide a better return to the organisation, the employees,
and the community.
5. Workplace
Reform Program
5.1 The parties
agree to the implementation of the following workplace reform processes.
5.1.1 Rostered Days
Off
(i) Employees
shall work a nine-day fortnight with all employees on duty on the same days, or
by agreement.
(ii) Rostered days
off (RDOs) may be accumulated up to a maximum of five (5) per annum and shall
be taken on days set by mutual agreement with management. Such days may be in
conjunction with annual leave.
5.1.2 Annual Leave
Loading
Annual Leave Loading shall be paid annually on the last
pay period in November.
5.1.3 Afternoon Tea
Afternoon Tea to be taken only at the work site without
interruption to work.
6. Wage Rates
6.1 Wage rates are
contained in Table 1 of this Award. All
allowances have been rolled up into the total wage rate except for those
allowances contained in sub-clause 8.3 of this Award.
6.2 Wages for
employees covered by this Award shall be adjusted by no less than any increase
in the Crown Employees Wages Staff (Rates of Pay) Award 2015 and any successor
Award.
6.3 Apprentices
shall be paid a percentage of the rate of pay applicable to Level 5 Year l:
Year One - 45%
Year Two - 60%
Year Three - 75%
Year Four - 85%
7. School Based
Apprentices
7.1 A school based
apprentice is an employee who is undertaking an apprenticeship under a training
contract while also enrolled in the Higher School Certificate.
7.2 The hourly
rates for full-time apprentices as set out in this Award shall apply to school
based apprentices for total hours worked including time deemed to be spent in
off-the-job training.
7.3 For the
purposes of sub-clause 7.2 of this clause, where a school based apprentice is a
full-time school student, the time spent in off the job training for which the
school based apprentice is paid is deemed to be 25 per cent of the actual hours
worked on the job each week.
7.4 The wages paid
for training time may be averaged over the school term or year.
7.5 Where this
Award specifies a weekly rate for full time apprentices, the hourly rate shall
be calculated by dividing the applicable weekly rate by 38.
7.6 School based
apprentices progress through the wage scale at the rate of 12 months'
progression for each two years of employment as an apprentice.
7.7 The rates of
pay are based on a standard apprenticeship of four years. The rate of
progression reflects the average rate of skill acquisition expected from the
typical combination of work and training for a school based apprentice
undertaking the applicable apprenticeship.
7.8 Where an
apprentice converts from a school based to a full-time apprenticeship, all time
spent as a full-time apprentice counts for the purpose of progression through
the wage scale set out in this Award. This progression applies in addition to
the progression achieved as a school based apprentice.
7.9 Except as
provided by this clause, school based apprentices are entitled to pro rata
entitlements of all other conditions of employment contained in this Award.
8. General
Conditions of Employment
8.1 Except as
otherwise provided in this Award, employees shall be entitled to and shall
observe the conditions of employment made pursuant to the provisions of the
Government Sector Employment Act 2013 and the Government Sector Employment
Regulation 2014.
8.2 The provisions
of the Crown Employees (Skilled Trades) Award shall also apply to employees
covered by this Award, unless specifically varied by provisions of this Award.
8.3 All allowances
previously paid to employees covered by this Award are to be rolled into salary
with the exception of the following:
8.3.1 Chokage
Allowance
A weekly allowance specified on an hourly basis at Item
1 of Table 2 will be paid to those employees required to undertake chokage
work.
8.3.2 Plumbers Licence
and Registration
The Plumbers Licence and Registration will be paid
weekly as set out on an hourly basis at Item 4 of Table 2 for three licences,
at Item 3 of Table 2 for two licences, at Item 2 for one licence and at Item 5
of Table 2 for registration.
8.4 The provisions
of the Crown Employees (Skilled Trades) Award, which give employees, an
entitlement to take a paid holiday as a Picnic Day shall continue to be applied
with the holiday being taken on a working day nominated by the Secretary,
between Christmas and New Year.
8.5 Conditions of
service not covered by the Crown Employees (Skilled Trades) Award shall be
regulated by the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009, as varied.
8.6 Where there is
any inconsistency between this Award and the relevant industrial instruments
covering the OEH and its employees, this Award shall prevail to the extent of
the inconsistency.
9. Deduction of
Union Membership Fees
9.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
9.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
9.3 Subject to
sub-clauses 9.1 and 9.2 above, the employer 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 employer to make such deductions.
9.4 Monies so
deducted from employee's pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
9.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
9.6 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.
10. Consultative
Committee
10.1 A committee has
been established to monitor the implementation of this Award and make, during
its period of operation, recommendations to the Director of the Centennial Park
and Moore Park Trust with regard to:
(i) implementation
of the classification levels and progressions between classifications levels as
provided in Clause 12 - Classification Standards, of this Award;
(ii) any other
matters regarding the implementation of this Award.
10.2 The committee
consists 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.
10.3 The Committee
shall meet from time to time as required.
10.4 Should the
parties to the Committee fail to reach agreement on any matter the Dispute
Resolution Procedures outlined in Clause 11 - Grievance and Dispute Resolution
Procedures, of this Award will be followed.
11. Grievance and
Dispute Resolution Procedures
11.1 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.
11.2 An employee 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.
11.3 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 employee to advise their immediate
manager the notification may occur to the next appropriate level of management,
including where required, to the Chief Executive or delegate.
11.4 The immediate
manager, or other appropriate employee, 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.
11.5 If the matter
remains unresolved with the immediate manager, the employee 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 employee may pursue the
sequence of reference to successive levels of management until the matter is
referred to the Chief Executive.
11.6 The Chief
Executive may refer the matter to the Secretary for consideration.
11.7 If the matter
remains unresolved, the Chief Executive shall provide a written response to the
employee 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.
11.8 An employee, at
any stage, may request to be represented by the Union.
11.9 The employee or
the Union 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.
11.10 The employee,
Union, OEH and the Secretary shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
11.11 Whilst the
procedures outlined in sub-clauses 11.1 to 11.9 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
employee or member of the public.
12. Classification
Standards
12.1 A role falling
within the scope of this Award will have assigned to it a classification level
determined in accordance with the classification standards detailed below.
12.2 Broadbanding
Classifications
12.2.1 For the purposes
of this Award, Level 5/6 is a broadbanded classification. Progression between Levels 5 and 6 is by way
of a "soft" progression based on competency assessment and appeal
processes that are to be agreed between the parties.
12.2.2 For the purposes
of this Award, Level 7/8 is a broadbanded classification. Progression between
Levels 7 and 8 is by way of a "soft" progression based on competency
and appeal processes that are to be agreed between the parties.
12.3 The following
classification levels will apply:
12.3.1 Level 5
An employee assigned to a role established at Level 5
of this Award will:
(a) Work under
minimal supervision and therefore be required to exercise independent judgement
at trade level; and
(b) Have a
recognised trade certificate and possess the relevant interpretation skills and
other skills and relevant experience required to:
(i) perform trade
level duties; and/or
(ii) supervise
apprentices; and
(iii) communicate
with supervisors and other employees.
12.3.2 Level 6
An employee assigned to a role established at Level 6
of this Award will:
(a) Work under
minimal supervision and therefore be required to exercise independent judgement
at an advanced trade level and exercise initiative with regard to matter of
minor complexity; and
(b) Have a
recognised trades certificate so that they have the developed communication
skills, interpretation skills and other skills and relevant experience required
to:
(i) perform
advanced trade level duties; and/or
(ii) supervise
apprentices; and/or
(iii) communicate
with supervisors and other employees; and/or
(iv) communicate
semi-technical information to the public.
(c) Fulfil the
requirements for progression to Level 6 based on the assessment and appeals
processes agreed between the parties.
12.3.3 Level 7
An employee assigned to a role established at Level 7
of this Award will:
(a) Work
independently on assigned specialist work and lead a small work team on
assigned work and therefore be required to exercise independent judgement and
to be accountable for work performance; and
(b) Have a
recognised trades certificate, and have the skills and relevant supervisory
experience required to:
(i) manage as the
leader of a small team of employees (normally less than 6 employees) -
supervising and training employees; and
(ii) be
accountable for completion for completion of work to agreed standards; and/or
(iii) solve
technical problems of limited complexity; and
(iv) document and
communicate technical data and information to other employees and/or the
public.
12.3.4 Level 8
An employee assigned to a role established at Level 8
of this Award will:
(a) Work
independently on assigned specialist work and lead a team on assigned work and
therefore be required to exercise independent judgement and to be accountable
for work performance; and
(b) Have a
recognised trades certificate and have the skills and relevant supervisory
experience required to:
(i) manage a team
of employees (normally less than 6 employees) - supervising and training
employees; and
(ii) be
accountable for completion of work to agreed standard; and/or
(iii) solve
technical problems of some complexity; and
(iv) document and
communicate technical data and information to employees and/or the public.
(c) Fulfil the
requirements for progression to Level 8 based on the assessment and appeals
processes agreed between the parties.
13. Anti-Discrimination
13.1 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.
13.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award that, by its terms or operation, has a direct or indirect discriminatory
effect.
13.3 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.
13.4 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 matters of unlawful discrimination in any State or
federal jurisdiction.
13.5 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.
13.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
13.7 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."
14. Sick Leave to
Care for a Family Member
14.1 The provisions
in the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009 with respect to Sick Leave to Care for a Family Member will apply to
employees covered by this Award.
15. Savings and
Rights
15.1 No employee
shall suffer a reduction in his or her rate of pay loss of or diminution of his
or her conditions or employment as a consequence of the making of this Award.
15.2 Should there be
a variation to the Crown Employees (Skilled Trades) Award, the Crown Employees
Wages Staff (Rates of Pay) Award 2016 or the Crown Employees (Parks and Gardens
- Horticulture And Rangers Staff) Reviewed Award 2016 or any Award replacing
those Awards, the employees covered by
this Award will maintain the same rates of pay relationship to the
classification covered by the Crown Employees (Skilled Trades) Award or the
Crown Employees (Parks And Gardens - Horticulture and Rangers Staff) Reviewed
Award 2016 either by an application for variation, or the making of a new
Award.
16. Area,
Incidence and Duration
16.1 This Award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Crown Employees (Centennial Park And Moore Park
Trust Building And Mechanical Services Staff) Award 2012 published 28 March 2012 ( 373 IG 497), as varied.
16.2 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 2 August 2016.
16.3 This Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Rates of Pay
|
Building and Mechanical Services Officer
|
2.5% increase
effective from the first full pay period
|
|
|
on or after
01.07.16
|
|
|
$ Per Annum
|
|
Level 5 Year 1
|
59,693
|
|
Level 5 Year 2
|
61,292
|
|
Level 6 Year 1
|
63,009
|
|
Level 6 Year 2
|
64,755
|
|
Level 7 Year 1
|
66,593
|
|
Level 7 Year 2
|
68,582
|
|
Level 8 Year 1
|
70,752
|
|
Level 8 Year 2
|
73,635
|
Table 2 - Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
From the first full
pay period on or after 01.07.16
|
|
|
|
|
$ Per Hour
|
|
1
|
7.3.1
|
Chokage
|
1.21
|
|
2
|
7.3.2
|
Plumber and Drainer when required to act on:
|
|
|
|
|
- plumbers licence
|
1.26
|
|
|
|
- as fitters
licence
|
1.26
|
|
|
|
- drainers licence
|
1.26
|
|
3
|
7.3.2
|
- plumbers and
gasfitters licence
|
1.68
|
|
|
|
- plumbers and drainers
licence
|
1.68
|
|
|
|
- gasfitters and
drainers licence
|
1.68
|
|
4
|
7.3.2
|
Plumbers, gasfitters and drainers licence
|
2.31
|
|
5
|
7.3.2
|
Registration allowance
|
0.96
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.