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Crown Employees (Australian Music Examinations Board (New South Wales) Examiners, Assessors and Chief Examiners) Award 2017
  
Date05/05/2017
Volume381
Part2
Page No.199
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C8679
CategoryAward
Award Code 1131  
Date Posted05/04/2017

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(1131)

SERIAL C8679

 

CROWN EMPLOYEES (AUSTRALIAN MUSIC EXAMINATIONS BOARD (NSW) EXAMINERS, ASSESSORS AND CHIEF EXAMINERS) AWARD 2017

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Board of Studies, Teaching and Educational Standards.

 

(Case No. 2016/369930)

 

Before Acting Chief Commissioner Tabbaa

16 December 2016

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.         Subject Matter

 

PART A

 

1.         Arrangement

2.         Dictionary

3.         Anti-Discrimination

4.         Marking Rates - Base Rates

5.         Marking Rates (Written)

6.         Examining Rates (Practical)

7.         Meal Allowance

8.         Travel and Living Allowance

9.         Family Leave Provisions

10.       Chief Examiners

11.       Minimum Payment

12.       Superannuation

13.       Salary Sacrifice to Superannuation

14.       Deduction of Unions' Membership Fees

15.       No Further Claims

16.       Hours of Work

17.       Conditions of Examining and Marking

18.       Examination Procedures

19.       Recruitment of Examiners and Assessors

20.       Performance Development

21.       System Improvements

22.       Dispute Resolution Procedures

23.       Duties as Directed

24.       Work Health and Safety

25.       Termination of Services

26.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Base Rates

Table 2 - Allowances for Chief Examiners

 

2.  Dictionary

 

2.1       "AMEB (NSW)" means the Australian Music Examinations Board of New South Wales, which is the State agency in New South Wales of the Australian Music Examinations Board.

 

2.2       "Assessors" means persons employed to undertake marking of the AMEB (NSW) written examination papers and paid by the number of papers marked per hour.

 

2.3       "Chief Examiners" means persons employed to provide expert advice on all aspects of syllabus development and interpretation, examination practice and procedures, and professional issues relating to the training, development and conduct of examiners, and other duties as directed by the State Manager, for a group of instruments.

 

2.4       "Employees" means Chief Examiners, Assessors and Examiners employed by the Board of Studies, Teaching and Educational Standards.

 

2.5       "Examination Headquarters" means the Australian Music Examinations Board Music Studios at 117 Clarence Street, Sydney.

 

2.6       "Examiners" means persons employed to undertake the AMEB (NSW) practical examinations at the AMEB (NSW) headquarters and other various locations throughout New South Wales and paid by the number of hours worked.

 

2.7       "Metropolitan Area" means a 40-kilometre radius from the AMEB (NSW) examination headquarters.

 

2.8       "Parties" means the Board of Studies, Teaching and Educational Standards, the Australian Education Union New South Wales Teachers Federation Branch and the New South Wales Independent Education Union.

 

2.9       "State Manager" means the State Manager, AMEB (NSW), employed under the Government Sector Employment Act 2013 by the Board of Studies, Teaching and Educational Standards, New South Wales and accountable to the President, Board of Studies, Teaching and Educational Standards, New South Wales for the total management of the AMEB (NSW) and the management of the AMEB (NSW) personnel and finances.

 

2.10     "Superannuation Guarantee Contribution (SGC)" is the minimum compulsory level of superannuation contributions employers are required to make for their employees under the Commonwealth's Superannuation Guarantee legislation.

 

2.11     President" means the person holding or acting in the office of the President of the Board of Studies, Teaching and Educational Standards pursuant to section 7 of the Board of Studies, Teaching and Educational Standards Act 2013. The President is the Agency Head pursuant to section 28 of the Government Sector Employment Act 2013.  Reference to the President may from time to time refer to his/her delegate, meaning a person delegated by the President to perform functions associated with the office

 

2.12     "Unions" means the Australian Education Union New South Wales Teachers Federation Branch and the New South Wales Independent Education Union.

 

3.  Anti-Discrimination

 

3.1       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.

 

3.2       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 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.

 

3.3       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.

 

3.4       Nothing in this clause is to be taken to affect:

 

3.4.1    any conduct or act which is specifically exempted from anti-discrimination legislation;

 

3.4.2    offering or providing junior rates of pay to persons under 21 years of age;

 

3.4.3    any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

3.4.4    a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

3.5       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.

 

4.  Marking Rates - Base Rates

 

4.1       Assessors and examiners are engaged on a casual basis, depending on the number of candidates enrolled in written and practical examinations. The base rate of pay is as set out in Table 1 - Base Rates of Part B, Monetary Rates.

 

4.2       The conduct of online assessment is being developed in stages.  This will also allow for on-screen assessment preliminary to grade 2 (Theory, Musicianship and Music Craft) to be automatically marked by computer from 2010.  During the transition from paper based to online examinations, paper based examinations will continue to be marked by assessors and remunerated in accordance with clause 5.1.

 

5.  Marking Rates (Written)

 

5.1       The rate for the marking of written examination papers by assessors shall be the base rate specified in Table 1 - Base Rates of Part B, Monetary Rates, divided by the number of papers to be marked in one hour for each subject and grade, as set out below:

 

Examination

No. of papers

Examination

No. of papers

Speech and

No. of papers

and grade theory

per hour

and grade

per hour

drama

per hour

 

 

musicianship

 

 

 

1

15

1

15

4

3

2

14

2

14

5

3

3

10

3

10

6

2

4

8

4

7

7

1.5

5

6

5

7

 

 

6

5

6

6

 

 

7

3

7

3

 

 

 

 

8

3

 

 

 

6.  Examining Rates (Practical)

 

6.1       The rate for practical examining for examiners shall be the base rate specified in Table 1 - Base Rates of Part B, Monetary Rates.

 

7.  Meal Allowance

 

7.1       Meal allowances are payable to examiners and shall be paid pursuant to the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its successor or as amended from time to time.

 

8.  Travel and Living Allowance

 

8.1       An allowance as set out in Item 1 of Table 3 - Other Rates and Allowances of Part B, Monetary Rates, is payable in respect of travel within the metropolitan area to the AMEB (NSW) examination headquarters. This allowance is not payable more than once in relation to any given day.

 

The travel allowance is based on the allowance rates for casual use of motor vehicles applied to an average 40 km and paid pursuant to the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its successor as amended from time to time.

 

8.2       The travel allowance for examiners who are required to travel to venues other than the AMEB (NSW) examination headquarters or from outside the metropolitan area to the AMEB (NSW) examination headquarters, is based on the use of a private motor vehicle paid on the greater of:

 

8.2.1    the basis of cents per kilometre up to 8,000 kms per annum and over 8,000 kms per annum at the respective rates as set out in Item 2 of the said Table 3 and is payable to examiners in respect of each km travelled in excess of the total distance between the examiner's usual place of residence and the AMEB (NSW) examination headquarters or 40 kms, whichever is the lesser, and in circumstances where a rental motor vehicle is not utilised; or

 

8.2.2    the cost of public transport or, at the sole discretion and with the prior approval of the State Manager, taxi cabs, as substantiated by receipts or other acceptable proof of expenditure; or

 

8.2.3    the rate pursuant to subclause 8.1 of this clause.

 

8.3       The travel allowance shall be adjusted in accordance with the above formulae and with the rates as determined by the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its successor as amended from time to time.

 

8.4       Where it is reasonable for examiners required to travel pursuant to subclause 8.2 of this clause to be away from their homes overnight, they shall be entitled to a daily living allowance paid at the applicable rate pursuant to the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its successor as amended from time to time.

 

9.  Family Leave Provisions

 

9.1       The President must not fail to re-engage an Employee because:

 

9.1.1    The Employee or Employee’s spouse is pregnant; or

 

9.1.2    The Employee is or has been immediately absent on parental leave

 

The rights of an employer in relation to engagement and re-engagement of Employees are not affected, other than in accordance with this clause.

 

9.2       Personal Carers entitlement for Employees

 

9.2.1    Employees are entitled to not be available to attend work, or to leave work if they need to care for a family member who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child. This entitlement is subject to evidentiary requirements set out below in (9.3), and the notice requirements set out in (9.4).

 

9.2.1.1             A family member for the purposes of above is:

 

a spouse or family member; or

 

a de facto spouse being a member of the opposite sex to the Employee who lives with the Employee as her husband or as his wife on a bona fide domestic basis although not legally married to that Employee; or

 

a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent or legal guardian), a grandparent, grandchild or sibling of the Employee or of the spouse or de facto spouse of the Employee; or

 

a same sex partner who lives with the Employee as the de facto partner of that Employee on a bona fide domestic basis; or a relative of the Employee who is a member of the same household, where for the purposes of this definition:

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

"household" means a family group living in the same domestic dwelling

 

9.2.2    The President and the Employee shall agree on the period which the Employee will be entitled to not be available to attend work. In the absence of agreement, the Employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The Employee is not entitled to any payment for the period of non-attendance.

 

9.2.3    The President must not fail to re-engage an Employee because the Employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage an Employee are otherwise not affected.

 

9.3       The Employee, shall if required:

 

9.3.1    Establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

9.3.2    Establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such an emergency resulted in the person concerned requiring care by the Employee.

 

In normal circumstances, an Employee must not take carer’s leave under this subclause where another person had taken leave to care for the same person.

 

9.4       The Employee must, as soon as reasonably practical and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the Employee will inform the employer within 24 hours of the absence (drawn from AIRC order (PR964989)).

 

9.5       Bereavement entitlements for Employees

 

9.5.1    Employees are entitled to not be available to attend work or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the employer).

 

9.5.2    The President and the Employee shall agree on the period for which the Employee will be entitled to not be available to attend work. In the absence of agreement, the Employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The Employee is not entitled to any payment for the period of non-attendance.

 

9.5.3    The President must not fail to re-engage the Employee because the Employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage an Employee are otherwise not affected.

 

9.5.4    The Employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the Employee will inform the employer within 24 hours of the absence (Drawn from AIRC order (PR964989)).

 

10.  Chief Examiners

 

10.1     Chief Examiners shall be remunerated on a per annum allowance basis ascending according to student candidature in each respective instrument group. Chief Examiners are responsible for:

 

10.1.1 syllabus development and interpretation;

 

10.1.2 examination practice and procedures;

 

10.1.3 professional issues relating to the training, development and conduct of examiners and assessors;

 

10.1.4 other duties as directed by the State Manager.

 

10.2     Chief Examiners shall be remunerated by way of an allowance, paid annually and determined according to the candidature in their respective instrument group, as set out in Table 2 - Allowances for Chief Examiners of Part B, Monetary Rates.

 

11.  Minimum Payment

 

11.1     No examiner scheduled to conduct examinations on any day shall be paid for less than three hours, calculated in accordance with this award, from the time examining commences.

 

12.  Superannuation

 

12.1     All examiners, assessors and Chief Examiners shall be entitled to occupational superannuation at the applicable SGC rate for all payments pursuant to clauses 4, Marking Rates - Base Rates, 5, Marking Rates (Written), and 6, Examining Rates (Practical).

 

13.  Salary Sacrifice to Superannuation

 

13.1     Notwithstanding the salaries prescribed by Part B, Monetary Rates, an employee may elect, subject to the agreement of the employee's department or agency, to sacrifice a portion of the wage/salary payable under clause 4, Marking Rates-Base Rates, to additional employer superannuation contributions.  Such election must be made prior to the commencement of the period of service to which the earnings relate.  In this clause, "superannuable salary" means the employee's salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

13.2     Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:

 

13.2.1 subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion; and

 

13.2.2 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 an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under the said clause 4 in the absence of any salary sacrifice to superannuation made under this award.

 

13.3     The employee may elect to have the portion of payable salary which is sacrificed to additional employer superannuation contributions:

 

13.3.1 paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

 

13.3.2 subject to the department or agency’s agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions.

 

13.4     Where an employee makes an election in terms of subclause 13.3 of this clause, the employer shall pay the portion of salary, the subject of election, to the relevant superannuation fund.

 

13.5     Where the employee is a member of a superannuation scheme established under:

 

13.5.1 the Police Regulation (Superannuation) Act 1906;

 

13.5.2 the Superannuation Act 1916;

 

13.5.3 the State Authorities Superannuation Act 1987;

 

13.5.4 the State Authorities Non-contributory Superannuation Act 1987; or

 

13.5.5 the First State Superannuation Act 1992,

 

the employee’s department or agency must ensure that the amount of any additional employer superannuation contributions specified in subclause 13.1 of this clause is included in the employee’s superannuable salary which is notified to the New South Wales public sector superannuation trustee corporations.

 

13.6     Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with his/her department or agency to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause 13.5 of this clause, the department or agency will continue to base contributions to that fund on the salary payable under clause 4 to the same extent as applied before the employee sacrificed portion of that salary to superannuation.  This clause applies even though the superannuation contributions made by the department or agency may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

 

14.  Deduction of Unions' Membership Fees

 

14.1     The unions shall provide the employer with a schedule setting out unions' fortnightly membership fees payable by members of the unions in accordance with the unions' rules.

 

14.2     The unions shall advise the employer of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of unions' fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

14.3     Subject to 14.1 and 14.2 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 unions' rules, provided that the employee has authorised the employer to make such deductions.

 

14.4     Monies so deducted from employees' pay shall be forwarded regularly to the unions together with all necessary information to enable the unions to reconcile and credit subscriptions to employee’s union membership accounts.

 

14.5     Unless other arrangements are agreed to by the employer and the unions, all unions’ membership fees shall be deducted on a fortnightly basis.

 

14.6     Where an employee has already authorised the deduction of union's membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

15.  No Further Claims

 

15.1     Except as provided by the Industrial Relations Act 1996, prior to 31 December 2019, there shall be no further claims by the parties to this award for changes to salaries, rates of pay, allowances or conditions of employment in relation to matters expressly contained in this Award.

 

16.  Hours of Work

 

16.1     The core paid hours of work for examiners shall be seven hours a day. Hours of work for examiners shall be scheduled by the State Manager between the bandwidth hours of 8.00 a.m. to 6.00 p.m. on any day of the week. However, Sunday work shall also be subject to examiner availability.

 

16.2     Examiners shall be entitled to a one-hour unpaid meal break between the hours of 12 noon and 2.00 p.m.

 

16.3     Examiners shall be entitled to a morning and afternoon tea break of ten minutes each, which shall count as time worked.

 

16.4     The rates specified in Table 1 - Base Rates of Part B, Monetary Rates incorporate loadings for casual engagement, sick leave and pro rata holidays, excepting the extended leave provisions of the Government Sector Employment Act 2013.

 

16.5     Work scheduled after the examiner has worked the core paid hours of work from Monday to Saturday and all work scheduled on a Sunday shall be paid at the appropriate rate as set out in Table 1 - Base Rates of Part B, Monetary Rates loaded by 50 per cent.

 

16.6     With the exception of the home to the first scheduled examining venue and the return home from the final examining venue travelling time between scheduled examining venues on the same day shall be paid at the rate applicable to the scheduled hours of work.

 

17.  Conditions of Examining and Marking

 

17.1     Examiners and assessors shall strictly adhere to the official timetable, other than in circumstances recognised by the State Manager as being beyond their control.

 

17.2     The State Manager shall ensure that all examination centres have adequate facilities and that all occupational health and safety requirements are met. Where facilities are identified as inadequate, examiners are to assist by reporting to the State Manager to ensure remedial action can be initiated.

 

17.3     The AMEB (NSW) shall supply appropriate identification to examiners to be worn during their hours of work.

 

18.  Examination Procedures

 

18.1     The examination procedures shall be in accordance with the Handbook for Examiners, issued annually by the AMEB (NSW), after consultation between the parties.

 

19.  Recruitment of Examiners and Assessors

 

19.1     The AMEB (NSW) selection criteria for the recruitment of examiners and assessors include:

 

19.1.1 relevant music and/or speech and drama qualifications;

 

19.1.2 developed skills in teaching and performance;

 

19.1.3 excellent interpersonal skills;

 

19.1.4 communications skills and ability to articulate concepts clearly;

 

19.1.5 constructive, supportive and analytical report writing skills;

 

19.1.6 sound understanding of the stylistic elements essential to performance;

 

19.1.7 demonstrated knowledge of the AMEB (NSW) repertoire, syllabus requirements and regulations;

 

19.1.8 demonstrated a professional understanding of the standards obtainable at each grade level within the syllabus and availability to examine.

 

19.2     Successful applicants shall be required to undertake mandatory induction training as appropriate and approved by the AMEB (NSW). Such training shall be paid at the base rate as set out in Table 1 - Base Rates of Part B, Monetary Rates.

 

20.  Performance Development

 

20.1     The performance development scheme already agreed by the parties for examiners and assessors addresses three objectives and shall:

 

20.1.1 ensure that Chief Examiners and examiners and assessors engage in an appraisal process designed to improve the quality of examinations, and to focus it on the teaching and learning objectives of the AMEB (NSW);

 

20.1.2 provide work reports to examiners and assessors who need these for employment purposes;

 

20.1.3 assist examiners and assessors whose performance is causing concern.

 

20.2     The parties are to monitor the implementation of the performance development scheme and agree to appropriate refinements if required.

 

20.3     Training and Development - The annual training and development meeting of examiners and assessors shall continue to be conducted by the relevant adviser. Participating examiners and assessors shall continue to be considered to be on duty for this session.

 

21.  System Improvements

 

21.1     The AMEB (NSW) acknowledges its continuing obligation to:

 

21.1.1 provide appropriate training to assist examiners in dealing with teachers, parents and candidates and in preparing examination reports;

 

21.1.2 ensure teachers, parents and candidates are aware of the appropriate avenues of securing feedback from examiners on candidate performance.

 

21.2     Implementation of Revised Procedures - The parties agree to consult and co-operate in the development and implementation of operational and examination and assessment procedures.

 

22.  Dispute Resolution Procedures

 

22.1     Subject to the provisions of the Industrial Relations Act 1996, the following procedures shall apply:

 

22.1.1 Should any dispute (including a question or difficulty) arise, discussions shall be held between the State Manager and the person(s) concerned and/or a representative of the unions. They shall discuss the dispute with a view to resolving the dispute, or by negotiating an agreed method and timeframe for proceeding.

 

22.1.2 If the dispute is not resolved at this level, the matter shall be referred to the President, Board of Studies, Teaching and Educational Standards, or nominee, to enable discussions at this level with the person(s) concerned and/or a representative of the unions. They shall discuss the dispute with a view to resolving the dispute, or by negotiating an agreed method and timeframe for proceeding.

 

22.1.3 Should the above procedures not lead to a resolution, then either party may make application to the Industrial Relations Commission of New South Wales.

 

23.  Duties as Directed

 

23.1     The State Manager or delegate may direct an employee to carry out such duties which are within the limits of the employee’s skill, competence and training, consistent with the classifications covered by this award and provided that such duties do not promote deskilling.

 

23.2     Any directions issued by the State Manager pursuant to subclause 23.1 of this clause shall be consistent with the State Manager's responsibility to provide a safe and healthy working environment.

 

24.  Work Health and Safety

 

24.1     For the purposes of this clause, the following definitions shall apply:

 

24.1.1 A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family 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.

 

21.1.2 A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family 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 employer which might otherwise have been carried out by the other employer’s own employees.

 

24.2     Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employers premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

24.2.1 consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

24.2.2 provide employees of the labour hire business and/or contract business with the appropriate health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

24.2.3 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

 

24.2.4 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.

 

24.3     Nothing in this clause 24 is intended to affect or detract from any obligation or responsibility upon a labour hire business under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.

 

24.4     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.

 

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.

 

24.5     This clause operates from 21 March 2006.

 

25.  Termination of Services

 

25.1     Any examiner is entitled to two weeks' notice of termination of scheduled services, or payment for the hours scheduled as an examiner, except where termination of services is on account of misconduct of any kind or any unsatisfactory standard of work, or voluntary withdrawal by the examiner.

 

26.  Area, Incidence and Duration

 

26.1     This award covers all persons employed by the Board of Studies, Teaching and Educational Standards as AMEB (NSW) Examiners, Assessors and Chief Examiners.

 

26.2     This award rescinds and replaces the Crown Employees (Australian Music Examinations Board (New South Wales) Examiners, Assessors and Advisers) Award 2014, published 15 January 2016 (378 IG 953) and variation published 19 February 2016 (379 IG 1).

 

26.3     This award shall take effect on and from 1 January 2017 with a nominal term until and including 31 December 2019.

 

26.4     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.

 

PART B

 

MONETARY RATES

 

Table 1

 

 

Amount Per Hour

 

$

Base rate on and from 1 January 2017

81.37

Base rate on and from 1 January 2018

83.40

Base rate on and from 1 January 2019

85.49

 

Table 2 - Allowances for Chief Examiners

 

Chief Examiners per

2.5%

2.5%

2.5%

annum allowance

On and from 1/1/17

On and from 1/1/18

On and from 1/1/19

 

$

$

$

Level 1: candidature

960

984

1009

0 to 100

 

 

 

Level 2: candidature

1927

1975

2024

101 to 3,000

 

 

 

Level 3: candidature

2887

2959

3033

3,001 to 15,000

 

 

 

Level 4: candidature

3846

3942

4041

Over 15,001

 

 

 

 

Table 3 - Other Rates and Allowances

 

Item

Clause

Brief Description

On and from

On and from

On and from

No.

No.

 

1/1/17

1/1/18

1/1/19

 

 

 

$

$

$

1

8.1

Metropolitan travel allowance to AMEB

10.56

10.56

10.56

 

 

(NSW) examination headquarters

 

 

 

2

8.2

Travel allowance per km outside

 

 

 

 

 

metropolitan area:

 

 

 

 

 

-Up to 8,000 km per annum

0.660

0.660

0.660

 

 

-Over 8,000 km per annum

0.264

0.264

0.264

 

 

 

I. TABBAA, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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