Crown Employees (State Emergency Service) State
Operations Centre - Continuous Shift
Workers Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by State Emergency Service.
(Case No. 335609 of 2017)
Before Chief Commissioner Kite
|
1 December 2017
|
AWARD
PART A
1. Arrangement
Clause No. Subject
Matter
PART A
1. Arrangement
2. Title
3. Definitions
4. Application
5. Coverage
6. Salaries
7. Rostering
and Shift Arrangements
8. Shift
Work
9. Maximum
Hours
10. Meal
Breaks
11. Breaks
between Shifts and Shift Cycle Changes
12. Daylight
Saving
13. Alteration
to Hours of Work
14. Requirement
to work additional hours
15 Exchange
of Shifts
16. Hearing
and Eye Sight Testing
17. Higher
Duties Shift
18. Work
Health and Safety
19. Representation
20. Anti-Discrimination
21. Grievance
and Dispute Settling Procedures
22. Conditions
Fixed By Other Instruments of Employment
23. Existing
Entitlements
24. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salary Schedule
2. Title
This award shall be known as the Crown Employees (State
Emergency Service) State Operations Centre - Continuous Shift Workers Award 2017.
3. Definitions
Act means the Government
Sector Employment Act 2013.
Association means the Public Service Association and
Professional Officers Association Amalgamated Union of New South Wales.
Award means an award as defined in the Industrial Relations Act 1996.
Commissioner means - the Commissioner of the State
Emergency Service.
Director means - the Head of a State Emergency Service
Directorate.
Casual Employee means any employee engaged in terms of
Division 5, Section 43 of the Government
Sector Employment Act 2013 and any guidelines issued thereof or as amended
from time to time.
"Industrial Relations Secretary" means the
Secretary of the Treasury who is the employer for industrial purposes under the
provision of Part 4, Government Sector
Employment Act 2013.
Full-time employee means an employee whose ordinary
hours of duty are specified as such in a formal industrial instrument or whose
contract hours are equivalent to the full-time contract hours of 35 hours.
On Duty means the time required to be worked for the
Service.
Ordinary Hourly Rate of Pay means the hourly rate
equivalent of the annual rate of pay of the classification calculated using the
formula set out in clause 12.3.1, Casual Employment, of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
Overtime means all time worked, whether before or after
the ordinary rostered hours of duty, at the direction of the Director, which,
due to its character or special circumstances, cannot be performed during the
employees ordinary hours of duty.
Part-time employee means an employee whose ordinary hours
of duty are specified as part-time in a formal industrial instrument or whose
contract hours are less than the full-time hours.
Public Holiday means a day proclaimed under the Public Holidays Act 2010 or the Retail Trading Act 2008, as a bank or a
public holiday.
Service means the NSW State Emergency Service.
Shift Cycle Change means a change from a day shift to a
night shift or a night shift to a day shift.
Shift Worker - Continuous Shifts means an employee engaged
in work carried out in continuous shifts throughout the 24 hours of each of at
least six consecutive days without interruption except during breakdown or meal
breaks or due to unavoidable causes beyond the control of the Director.
4. Application
This award was negotiated between the State Emergency
Service, the Industrial Relations Secretary and the Public Service Association.
5. Coverage
The provisions of this award shall apply to ongoing,
temporary and casual employees (both full-time and part-time), as defined in
the Government Sector Employment Act
2013 who are employed by the State Emergency Service and appointed to roles in
the State Operations Centre (formerly known as the Communications Centre or ComCen) classified as Communications Officer, Team Leader,
and Duty Operations Officer, and who work continuous shift work.
6. Salaries
(a) Salaries
payable to employees covered by this Award shall be in accordance with the
Crown Employees (Public Sector - Salaries 2017) Award or any variation or
replacement award.
(b) Salary Progression
shall be by way of annual increment, according to the requirements in the
Government Sector Employment Regulation 2014, Division 2, Section
14.
7. Rostering and Shift
Arrangements
(a) The Operations
Centre operates on a 24 hours per day, 7 days per week basis across the year.
(b) Full Time
Employees will work the equivalent of 35 hours per week over a roster period.
(c) Rosters
covering a minimum of 5 weeks, and up to a maximum of 16 weeks are to be
published with as much notice as possible, but in any case a minimum 2 (two)
weeks in advance before commencement of the roster.
(d) Each roster
shall indicate the starting and finishing time of each shift. Where current or
proposed shift arrangements are incompatible with the shift worker’s family,
religious or community responsibilities, every effort to negotiate individual
alternative arrangements shall be made by the Director.
(e) Shifts will
generally commence at:
Day Shift 06:30 - 19:00
Night Shift 18:30 - 07:00
(f) Shifts will be
a maximum of 12.5 hours and will be predominantly based on a combination of
forward rotating day and night shifts, except where flexible work options are
requested and approved, or where operational needs can be demonstrated to
require a different attendance mix.
(g) Shifts of a
shorter length will continue in use to provide training and development to
employees as well as a means for balancing employees’ hours to an average of 35
per week in the roster cycle.
(h) Where current
or proposed shift arrangements are incompatible with the shift worker’s family,
religious or community responsibilities, every effort to negotiate individual
alternative arrangements shall be made by the Director. Where requests are
being considered, or where an operational need exists for alternative
rostering, agreement will not be unreasonably withheld.
(i) It
is acknowledged that operational needs may require alternative approaches to
rostering and the parties commit to undertake consultation should different
needs arise.
(j) Nothing in
this award is intended to circumvent subsection (1) of Section 22, Maximum
ordinary hours of employment of the NSW Industrial
Relations Act 1996.
8. Shift Work
(a) Shift Loadings
- A shift worker employed on a shift shall be paid, for work performed during
the ordinary hours of any such shift, ordinary rates plus the following
additional shift loadings depending on the commencing times of shifts:
Day - at or after 6am and before 10am
|
5%
shift loading applies to a minimum 7 hour shift
|
Afternoon - at or after 10am and before 4pm
|
12.5%
|
Night - at or after 4pm and before 6am
|
15.0%
|
(b) The loadings
specified in subclause (a) of this clause shall only apply to shifts where the
majority of the shift occurs on a weekday, Monday to Friday.
(c) Weekends and
Public Holidays - For the purpose of this clause any shift, the major portion
of which is worked on a Saturday, Sunday or Public Holiday shall be deemed to
have been worked on a Saturday, Sunday or Public Holiday and shall be paid as
such.
(d) Saturday
Shifts - Shift workers working on an ordinary rostered shift where the majority
of that shift falls between midnight on Friday and midnight on Saturday which
is not a public holiday, shall be paid for such shifts at ordinary time and one
half.
(e) Sunday Shifts
- Shift workers working on an ordinary rostered shift where the majority of
that shift between midnight on Saturday
and midnight on Sunday which is not a public holiday, shall be paid for such
shifts at ordinary time and three quarters.
(f) Public
Holidays -
(1) Where a shift
worker is required to and does work the majority of shift on a Public Holiday,
the shift worker shall be paid at two and a half times the rate for the whole
shift worked. Such payment shall be in lieu of weekend or shift allowances
which would have been payable if the day had not been a Public Holiday;
(2) A shift worker
rostered off duty on a Public Holiday, or who does not work the majority of a
shift on a Public Holiday shall elect to be paid one day’s pay for that Public
Holiday or to have 7 (seven) hours added
to his/her annual holidays for each such day;
(g) Annual leave -
will accrue at the rate of four weeks per year for a full time staff member,
that is, 140 hours plus their normal rest days.
(h) Additional
leave - will accrue for a full time staff member on the following basis:
Number of ordinary shifts worked where the majority of
that shift occurs
|
Additional leave
|
on Sunday and/or public holiday during a qualifying period
of 12 months
|
|
from 1 December one year to 30 November the next year
|
|
|
|
4-10
|
1 additional day
|
11-17
|
2 additional day
|
18-24
|
3 additional day
|
25-31
|
4 additional day
|
32 or more
|
5 additional day
|
9. Maximum Hours
(a) The maximum
hours to be worked in a day or a week (7 days) should not exceed the following,
other than in emergency circumstances, or other negotiated circumstances
(1) Maximum of 4
consecutive shifts;
(2) Maximum of 3
consecutive night shifts;
(3) Maximum 50
hours rostered per week.
10. Meal Breaks
(a) During a 12.5
(twelve and a half) hour shift, staff members as a minimum must take at least
one unpaid meal break of 30 minutes, one
paid meal break of 30 minutes plus two paid breaks totalling 30 minutes. The 30
minute unpaid meal break must be taken not later than five hours after
commencing work.
(b) Meal breaks
must be given to and taken by staff members. No staff member shall be required
to work continuously for more than 5 hours without a meal break.
11. Breaks Between Shifts and Shift Cycle Changes
(a) Breaks between
shifts should not be less than 11.5 consecutive hours.
(b) There should
be a minimum of 2 (two) days (48 hours) off between shift cycle changes other
than in emergency or operational circumstances..
(c) In emergencies
where a shift worker needs to remain on duty after a shift, the minimum break
between shifts should never be less than 10 (ten) hours and should be
compensated as soon as possible with a longer break.
(d) If a shift
worker resumes or continues to work without having had ten (10) consecutive
hours off duty, the shift worker shall be paid overtime in accordance with
clause 89, Overtime Worked by Shift Workers, in the Crown Employees (Public
Service Conditions of Employment) Award 2009, until released from duty for ten
(10) consecutive hours. The shift worker will then be entitled to be off duty
for at least ten (10) consecutive hours without loss of pay for ordinary
working time which falls during such absence.
(e) Time spent off
duty may be calculated by determining the amount of time elapsed after:
(1) The completion
of an ordinary rostered shift; or
(2) The completion
of authorised overtime; or
(3) The completion
of additional travelling time, if travelling on duty, but shall not include
time spent travelling to and from the workplace.
12. Daylight Saving
For work performed which spans the time of introduction or
cessation of a system of daylight saving as prescribed by relevant State
legislation, a shift worker shall be paid according to the actual hours worked.
Rostering arrangements will ensure that at least the minimum working hours are
maintained.
13. Alteration to
Hours of Work
(a) Rosters once
determined and made available may be altered by:
(1) The Service by
giving two week’s notice of the requirement to change
the arrangements of hours or the shift roster under normal circumstances; or
(2) By mutual
agreement between the Service and the shift worker.
(b) The Service
reserves the right to change shift rosters in accordance with operational
imperatives.
(c) Provided that
where the Service receives a significant concern about the alteration to the
shift worker’s family, religious or community responsibilities, every effort to
negotiate individual alternative arrangements shall be made by the Service.
14. Requirement to
Work Additional Hours
(a) The
Commissioner may require a staff member to perform duty beyond the hours
determined under this award but only if it is reasonable for the staff member
to be required to do so.
(b) 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.
(c) In determining
what is unreasonable, the following factors shall be taken into account:
(1) the staff member’s prior commitments outside the workplace,
particularly the staff member’s family and carer responsibilities, community
obligations or study arrangements,
(2) any risk to staff member health and safety,
(3) 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,
(4) the notice (if any) given by the Commissioner or delegated
authority regarding the working of the additional hours, and by the staff
member of their intention to refuse the working of additional hours, or
(5) any other relevant matter
15. Exchange of Shifts
(a) Exchange of
shifts will be allowed for special reasons provided the change does not result
in excessive daily or weekly hours for any shift worker.
(b) An exchange of
shifts should not occur if it results in overtime being payable or if it
results in hours that creates fatigue management issues.
(c) All requests
for shift exchange by employees are to be submitted in writing to the most
senior officer on duty.
16. Hearing and Eye
Sight Testing
(a) Employees will
be required to undergo hearing and eye sight testing prior to commencing
employment.
(b) Any further
tests will be conducted in accordance with medical advice or at the request of
the employee or the Manager Operations.
17. Higher Duties
Shift
Operations staff members, when required to provide relief in
a higher level position for the whole shift or a minimum of two hours of the
shift, will be compensated by way of Higher Duties Allowance at the rate of
salary for the higher position plus any applicable allowances for the whole
shift.
18. Work Health and
Safety
The Service is committed to the safety and welfare of staff
and will consider Work Health and Safety issues in planning rosters and working
arrangements, in compliance with its WHS, fatigue management policies.
19. Representation
Shift workers are to be adequately represented on any
committees with a consultative or decision making function regarding their
work. If they attend relevant meetings outside shift arrangements they will be
considered at work and rosters are to be adjusted accordingly.
20.
Anti-Discrimination
(a) It is the
intention of the parties bound by this Award to seek to achieve the objective
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.
(b) It follows
that in fulfilling their obligations the parties have an obligation 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.
(c) Under the Anti-Discrimination Act 1977, it is
unlawful to victimize an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to affect:
(1) Any conduct or
act which is specifically exempted from anti-discrimination legislation;
(2) Offering or
providing junior rates of pay to persons under 21
years of age;
(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;
(4) A party to
this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(e) 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.
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(2) 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 religious susceptibilities of the
adherents of that religion."
21. Grievance and
Dispute Settling Procedures
(a) 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
Agency, if required.
(b) 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.
(c) 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
Commissioner or delegate.
(d) The immediate
manager, or other appropriate officer, should 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.
(e) 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 Commissioner.
(f) The Commissioner
may refer the matter to the Industrial Relations Secretary for consideration.
(g) If the matter
remains unresolved, the Commissioner 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.
(h) An employee,
at any stage, may request to be represented by the Association.
(i) The
employee or the Association on their behalf, or the
Commissioner may refer the matter to the New South Wales Industrial Relations
Commission if the matter is unresolved following the use of these procedures.
(j) The employee,
Association, and the Agency shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
(k) 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, 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.
22. Conditions Fixed
By Other Instruments of Employment
Conditions of employment for employees shall be in
accordance with the provisions of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009 except where varied by this
Award.
The provisions of this Award are to apply to part-time
employees on a pro-rata basis.
23. Existing
Entitlements
The provisions of this award shall not affect any
entitlements existing in another award which covers Service staff other than
specified in clause 23 of this award.
24. Area, Incidence
and Duration
(a) This Award
rescinds and replaces the Crown Employees (NSW State Emergency Service)
Communication Centre - Continuous Shift Workers Award, and all variations
thereof.
(b) This Award was
made on 1 December 2017 and shall remain in force for twelve months.
(c) The provisions
of this award shall apply to employees as described in clause 5 Coverage of
this Award.
25. No Extra Claims
The parties agree that, during the term of this award,
there will be no extra wage claims, claims for improved conditions of
employment or demands made with respect to the employees covered by the award
and, further, that no proceedings, claims or demands concerning wages or
conditions of employment with respect to those employees will be instituted
before the Industrial Relations Commission or any other industrial tribunal.
The terms of the preceding paragraph do not prevent the parties from taking any
proceedings with respect to the interpretation, application or enforcement of existing
award provisions.
PART B
MONETARY RATES
Table 1 - Salary Schedule
State Operations Centre employees will be paid in accordance
with the Crown Employees (Public Sector - Salaries 2017) Award as varied or an
award replacing it.
Classifications and
Grades
|
Common Salary Point
|
1.7.17
|
|
|
Per annum
|
|
|
+2.5%
|
|
|
$
|
Duty Operations Officers
|
|
|
Clerk Grade 7/8
|
|
|
|
|
|
1st year of service
|
88
|
92,470
|
2nd year of service
|
91
|
95,235
|
3rd year of service
|
95
|
99,204
|
Thereafter
|
98
|
102,359
|
|
|
|
State Operations Centre
|
|
|
Team Leader, Clerk Grade 3/4
|
|
|
|
|
|
1st year of service
|
58
|
68,929
|
2nd year of service
|
61
|
71,008
|
3rd year of service
|
64
|
73,224
|
Thereafter
|
67
|
75,476
|
|
|
|
State Operations Centre
|
|
|
Communications Officers, Clerk Grade 1/2
|
|
|
|
|
|
1st year of service
|
46
|
61,658
|
2nd year of service
|
49
|
63,469
|
3rd year of service
|
52
|
65,240
|
Thereafter
|
55
|
67,031
|
P. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.