Crown Employees (Independent Pricing and Regulatory Tribunal 2018) Award

 

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. 2018/72701)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.       Subject Matter

 

PART A

 

SECTION 1 - FRAMEWORK

 

1.         Arrangement

2.         Title

3.         Definitions

4.         Consultative Arrangements

5.         Parties

6.         Work Environment

7.         Grievance and Dispute Settling Procedures

 

SECTION 2 - ATTENDANCE/HOURS OF WORK

 

8.         Hours of Work

9.         Flexible Work Hours

10.      Part Time Work

11.      Part Year Employment

12.      Part Time Leave Without Pay

 

SECTION 3 - SALARIES AND ALLOWANCES

 

13.      Salaries

14.      Salary Progression

15.      Salary Packaging Arrangements, including Salary Sacrifice to Superannuation

16.      Appointment and Promotion

17.      Allowances

 

Section 4 - Union Consultation

 

18.      Union Consultation, Access and Activities

 

SECTION 5 - LEAVE

 

19.      Extended Leave

20.      Family and Community Service Leave

21.      Leave Without Pay

22.      Military Leave

23.      Religious or Cultural Observations

24.      Parental Leave

25.      Purchased Leave

26.      Recreation Leave

27.      Annual Leave Loading

28.      Sick Leave

29.      Special Leave

29A.   Leave for Matters Arising from Domestic Violence

 

SECTION 6 - TRAINING/PROFESSIONAL DEVELOPMENT

 

30.      Study Leave

31.      Staff Development

32.      Study Time

33.      Reimbursement of Fees

 

SECTION 7 - OVERTIME AND PUBLIC HOLIDAYS

 

34.      Overtime

35.      Public Holidays

 

SECTION 8 - MISCELLANEOUS

 

36.      Job Sharing

37.      Work from Home

38.      Unsatisfactory Performance, Misconduct or Serious Offence

39.      Termination of Employment

40.      Managing Excess Staff

41.      Secure Employment - Casual Conversion

42.      Secure Employment - Work Health & Safety

43.      Anti-Discrimination

44.      No Extra Claims

45.      Savings of Rights

46.      Lactation Breaks

47.      Leave for Matters arising from Domestic Violence

48.      Relationship to other Awards

49       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

2.  Title

 

2.1      This award shall be known as the Crown Employees (Independent Pricing and Regulatory Tribunal) Award 2017.

 

3.  Definitions

 

3.1      "Act" means the Independent Pricing and Regulatory Tribunal Act 1992.

 

3.2      "At the convenience of" means the operational requirements to permit the staff member’s release from duty or that satisfactory arrangements can be made for the performance of the staff member’s duties during the absence.

 

3.3      "Association" means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

3.4      "Chief Executive Officer" means the Chief Executive Officer of the Independent Pricing and Regulatory Tribunal who has been delegated particular power(s) under the Act.

 

3.5      "Public Service Senior Executive" is a person employed under section 39 of the Government Sector Employment Act 2013 whose terms and conditions of employment are governed by an employment contract between the Senior Executive and the Government of New South Wales.

 

3.6      "Contractor/Consultant" is a person or company engaged by the Tribunal under section 9 (4) of the Act to assist it in the exercise of its functions.

 

3.7      Employee(s)" or "Staff member(s)" means and includes all persons who are permanently or temporarily employed under section 8(2) of the Independent Pricing and Regulatory Tribunal Act 1992, excluding public service senior executives.

 

3.8      "Employer" or "Tribunal" means the Independent Pricing and Regulatory Tribunal.

 

3.9      "JCC" means the Tribunal’s Joint Consultative Committee established by this award.

 

3.10    "Nominee" means a person who has been delegated particular power(s) of the Chief Executive Officer.

 

3.11    "Normal work" means the method of carrying out work functions that were established practice prior to the onset of a dispute or grievance, in terms of the Grievance and Dispute Settling Procedures clause in this Award.

 

3.12    "Position" means a position, either full time or part time, at the Tribunal.

 

3.13    "Salary rates" means the ordinary time rate of pay for the staff member’s grading excluding allowances and penalties not regarded as salary.

 

3.14    "Service" means continuous period of employment for salary purposes.

 

3.15    "Staff member(s)" or Employee(s)" means and includes all non-executive persons who are permanently or temporarily employed in accordance with the Government Sector Employment Act 2013.

 

3.16    "Supervisor" means the immediate supervisor of the area in which a staff member is employed or any other staff member authorised by the Chief Executive Officer to fulfil the role of a supervisor, other than a person employed as a consultant or contractor.

 

3.17    "Tribunal" or "Employer" means the Independent Pricing and Regulatory Tribunal.

 

3.18    "Workplace" means the whole organisation or, as the case may be, a branch or section of the organisation that staff members are employed in.

 

3.19    Domestic Violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.

 

4.  Consultative Arrangements

 

4.1      The parties to this award shall through the established Joint Consultative Committee (JCC) encourage and facilitate workplace reform and equitable, innovative and productive workplace relations.

 

5.  Parties

 

5.1      The parties to this award are the Tribunal and the Association.

 

6.  Work Environment

 

6.1      Occupational Health and Safety: Through the JCC, the parties to this award shall develop appropriate strategies to achieve and maintain an accident free and healthy workplace in accordance with the Work Health and Safety Act 2011 and Regulations.

 

6.2      Equity in Employment: Through the JCC, the parties to this award shall review existing and new work practices and policies to achieve and maintain employment equity.

 

6.3      Harassment-Free Workplace: The parties to this award shall refrain from, and not be party to, any form of harassment in the workplace.

 

7.  Grievance and Dispute Settling Procedures

 

7.1      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, if required.

 

7.2      A staff member is required to notify in writing their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

7.3      Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes it impractical for the staff member to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Chief Executive Officer or delegate.

 

7.4      The immediate manager (or other appropriate officer) shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

7.5      If the matter remains unresolved with the immediate manager, the staff member may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two (2) working days, or as soon as practicable.

 

7.6      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.

 

7.7      The Chief Executive Officer or the Association may refer the matter to mediation.

 

7.8      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.

 

7.9      A staff member, at any stage, may request to be represented by their Association.

 

7.10    The staff member or the Association on their behalf or the Chief Executive Officer may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

7.11    The staff member, the Association and Tribunal shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

7.12    Whilst the procedures outlined in subclauses 7.1 to 7.11 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.

 

7.13    In a case involving work health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.

 

8.  Hours of Work

 

8.1      The business hours of the Tribunal are from 8.30 a.m. to 5.00 p.m., Monday to Friday.

 

8.2      Standard hours are 35 hours per week between 9.00 a.m. and 5.00 p.m., Monday to Friday.

 

8.3      The ordinary hours of work are 35 hours per week averaged over a 12 week period.

 

8.4      The Tribunal may require a staff member to perform duty beyond the hours determined under this clause 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:

 

8.4.1   the staff member’s prior commitments outside the workplace, particularly the staff member’s family and carer responsibilities, community obligations or study arrangements;

 

8.4.2   any risk to staff member health and safety;

 

8.4.3   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;

 

8.4.4   the notice (if any) given by the Tribunal regarding the working of the additional hours, and by the staff member of their intention to refuse the working of additional hours or;

 

8.4.5   any other relevant matter.

 

9.  Flexible Work Hours

 

9.1      Ordinary Hours -

 

9.1.1   The business hours of the Tribunal are from 8.30 a.m. to 5.00 p.m., Monday to Friday.

 

9.1.2   Standard hours are 35 hours per week between 9.00 a.m. and 5.00 p.m., Monday to Friday.

 

9.1.3   The daily normal contract hours of work for staff members are seven hours a day.

 

9.2      Settlement Period -

 

9.2.1   The settlement period is 12 weeks with contract hours of 420.

 

9.3      Bandwidth -

 

9.3.1   The standard bandwidth is Monday to Friday between 7.00 a.m. and 7.00 p.m. during which time normal work can be undertaken. This time shall be counted as accrued work time.

 

9.3.2   Subject to agreement between the supervisor and a staff member(s) work undertaken outside the bandwidth is counted as accrued work time. Any work performed outside the bandwidth without prior approval of the supervisor shall not count as accrued work time.

 

9.3.3   Staff members directed to undertake work prior to 7.30 a.m. or after 6.00 p.m., are entitled to overtime.

 

9.3.4   The standard bandwidth may be varied by agreement between the appropriate supervisor and staff member to suit operational needs or to assist with care responsibilities or other needs.

 

9.4      Core time -

 

9.4.1   Standard core time is between 9.30 a.m. and 3.30 p.m. This is the period of the working day when all staff members are required to be on duty unless on a lunch break or approved leave.

 

9.4.2   In normal circumstances, staff members commencing duty after or ceasing duty before core time, must apply for an appropriate amount of leave in quarter day increments.

 

9.4.3   In exceptional circumstances, staff members may commence work after standard core time, or cease duty before the end of core time, provided they notify their supervisor as soon as possible.

 

9.5      Lunch and Meal Breaks -

 

9.5.1   Staff members shall be entitled to a meal break of one hour, however, a minimum meal break of 30 minutes shall be taken.

 

9.5.2   A meal break up to a maximum of two and a half hours may be taken between midday and 2.30 p.m. The supervisor’s prior approval is required for a meal break in excess of one hour.

 

9.5.3   Staff members shall be required to take a meal break not more than five hours after commencing work, or before 2.00 p.m., whichever is the earlier.

 

9.6      Hours Worked -

 

9.6.1   Staff members may choose their daily starting and finishing times within the bandwidth subject to core time provisions, supervisor’s approval and the availability of work.

 

9.6.2   The Chief Executive Officer or nominee may direct staff members to work seven hours on a specified day also nominating starting and finishing times within the bandwidth on that day.

 

9.6.3   Staff members shall not normally work more than ten hours per day.

 

9.7      Conditions for Flexi Leave -

 

9.7.1   Staff members must have the supervisor’s approval prior to taking flexi leave. Requests for flexi leave shall not be unreasonably refused. the Tribunal shall ensure that a staff member does not constantly forfeit excess credit hours at the conclusion of settlement periods as a result of reasonable requests for flexi leave being refused or the staff member being directed by the supervisor to work long hours within the bandwidth.

 

9.7.2   The Chief Executive Officer or nominee may direct a staff member to work standard hours where the staff member is not observing work hours arrangements established under this award or any associated administrative instructions.

 

9.7.3   Where staff members give notice of resignation or retirement they, in consultation with the Supervisor, shall take all reasonable steps to eliminate additional flexi leave, credit or debit hours.

 

9.7.4   Where staff members have accumulated debit hours at the completion of the last day of service, any monies owing shall be debited accordingly by the forfeiture of annual leave. If a staff member has no annual leave to credit at the last day of service, their salary shall be adjusted accordingly.

 

9.8      Flexi Leave -

 

9.8.1   Where gainful work is available, staff members can accrue work time in excess of seven hours per day.

 

9.8.2   With the supervisor’s approval staff members can take up to six days flexi leave in any settlement period either as full days, half days or combinations thereof. Flexi leave may be taken on consecutive days.

 

9.8.3   A half day flex can only be taken where three and a half hours have been worked by staff members during the bandwidth either immediately before or after the half day.

 

9.8.4   During peak periods where it is not possible to take flexi leave, staff members may carry forward credit hours worked to the next settlement period.

 

9.8.5   Staff members may carry forward up to 42 hours credit to the next settlement period. Hours in excess of this amount are forfeited.

 

9.8.6   In exceptional circumstances the 42 hour limit can be exceeded and the additional time carried forward to the next period on the condition the supervisor and staff members agree to a strategy to ensure staff members reduce their time to less than 462 hours.

 

9.8.7   Staff members may carry forward up to 14 hours debit to the next settlement period.

 

9.8.8   Any hours below 406 hours shall require the submission of an application form for recreation leave to cover the shortfall (where there is no annual leave to credit, leave without pay is to be taken).

 

9.9      Banking Hours -

 

9.9.1   Staff members may bank up to a maximum of six flexi days in each settlement period.

 

9.9.2   This maximum entitlement of six days in each settlement period is to be reduced by the number of flexi days taken during that settlement period. Any remaining credit hours may be added to the normal flexi credit.

 

9.9.3   A maximum of 12 days may be banked over four consecutive settlement periods, with a maximum balance of 12 days at any one time.

 

9.9.4   A banked day is equivalent to seven hours.

 

9.9.5   Banked days may be taken with other forms of leave including flexi leave and by agreement, can be taken in quantities ranging from one half day to 12 days.

 

9.9.6   All banked days to be taken as leave must be agreed to beforehand between supervisor and staff members.

 

9.9.7   Banked flex days shall be payable on termination. Any flex credit at the date of termination is not payable.

 

9.10    Natural Emergencies and Major Transport Disruptions -

 

9.10.1 A staff member prevented from attending work at a normal work location by a natural emergency or by a major transport disruption may:

 

9.10.1.1         apply to vary the working hours as provided in the flexible work hours clause of this award; and/or

 

9.10.1.2         negotiate an alternative working location with the Tribunal; and/or

 

9.10.1.3         take available family and community service leave and/or flex leave, recreation or extended leave or leave without pay to cover the period concerned.

 

10.  Part Time Work

 

10.1    Staff members engaged on a part-time basis shall be granted leave and other entitlements on a pro-rata basis in accordance with the requirements of the Industrial Relations Act 1996.

 

11.  Part Year Employment

 

11.1    The Chief Executive Officer or nominee may grant staff members part-year employment by approving a number of weeks unpaid leave per year under current LWOP provisions.

 

11.2    This allows staff members to work an agreed number of weeks per year, with an agreed number of weeks unpaid leave and annual leave on a pro-rata basis.

 

12.  Part Time Leave Without Pay

 

12.1    The Chief Executive Officer or nominee may approve part time leave without pay (LWOP) for full-time staff members for a limited period of time.

 

13.  Salaries

 

13.1    The salary ranges prescribed by this award are as set out in Table 1 - Salaries, of Part B, Monetary Rates.

 

14.  Salary Progression

 

14.1    Performance Enhancement System

 

14.1.1 Formal appraisal under the Tribunal’s Performance Enhancement System (PES) shall be used to assess incremental progression to the next salary point within each level.

 

14.1.2 The salary and performance of each staff member shall normally be reviewed annually on the anniversary of the appointment to their current position.

 

14.1.3 In special circumstances, additional formal appraisals may be completed within the annual cycle.

 

14.2    Accelerated Progression: A staff member who performs exceptionally (as determined by PES appraisals) may be recommended to the Chief Executive Officer for accelerated progression through the years within the IPART Officer Levels as set out in Table 1 - Salaries of Part B, Monetary Rates.

 

15.  Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

15.1    The entitlement to salary package in accordance with this clause is available to:

 

15.1.1 permanent full-time and part-time employees;

 

15.1.2 temporary employees, subject to the Tribunal’s convenience; and

 

15.1.3 casual employees, subject to the Tribunal’s convenience, and limited to salary sacrifice to superannuation in accordance with subclause 15.7.

 

15.2    For the purposes of this clause:

 

15.2.1 "salary" means the salary or rate of pay prescribed for the employee's classification by clause 13, Salaries, Part B of this Award, and any other payment that can be salary packaged in accordance with Australian taxation law.

 

15.2.2 "post compulsory deduction salary" means the amount of salary available to be packaged after payroll deductions required by legislation or order have been taken into account.  Such payroll deductions may include, but are not limited to, taxes, compulsory superannuation payments, HECS payments, child support payments, and judgement debtor/garnishee orders.

 

15.3    By mutual agreement with the Tribunal, an employee may elect to package a part or all of their post compulsory deduction salary in order to obtain:

 

15.3.1 a benefit or benefits selected from those approved by the Tribunal; and

 

15.3.2 an amount equal to the difference between the employee’s salary, and the amount specified by the Tribunal for the benefit provided to or in respect of the employee in accordance with such agreement.

 

15.4    An election to salary package must be made prior to the commencement of the period of service to which the earnings relate.

 

15.5    The agreement shall be known as a Salary Packaging Agreement.

 

15.6    Except in accordance with subclause 15.8, a Salary Packaging Agreement shall be recorded in writing and shall be for a period of time as mutually agreed between the employee and the Tribunal at the time of signing the Salary Packaging Agreement.

 

15.7    Where an employee makes an election to sacrifice a part or all of their post compulsory deduction salary as additional employer superannuation contributions, the employee may elect to have the amount sacrificed:

 

15.7.1 paid into the superannuation fund established under the First State Superannuation Act 1992; or

 

15.7.2 where the employer is making compulsory employer superannuation contributions to another complying superannuation fund, paid into the same complying fund; or

 

15.7.3 subject to the Tribunal’s agreement, paid into another complying superannuation fund.

 

15.8    Where the employee makes an election to salary sacrifice, the employer shall pay the amount of post compulsory deduction salary, the subject of election, to the relevant superannuation fund.

 

15.9    Where the employee makes an election to salary package and where the employee is a member of a superannuation scheme established under the:

 

15.9.1 Police Regulation (Superannuation) Act 1906;

 

15.9.2 Superannuation Act 1916;

 

15.9.3 State Authorities Superannuation Act 1987; or

 

15.9.4 State Authorities Non-contributory Superannuation Act 1987,

 

the Tribunal must ensure that the employee’s superable salary for the purposes of the above Acts, as notified to the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement had not been entered into.

 

15.10  Where the employee makes an election to salary package, and where the employee is a member of a superannuation fund other than a fund established under legislation listed in subclause 15.9 of this clause, the employee’s Department or agency must continue to base contributions to that fund on the salary payable as if the Salary Packaging Agreement had not been entered into. 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 packaging is implemented.

 

15.11  Where the employee makes an election to salary package:

 

15.11.1           subject to Australian Taxation law, the amount of salary packaged will reduce the salary subject to appropriate PAYG taxation deductions by the amount packaged; and

 

15.11.2           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 the employee’s rate of pay, shall be calculated by reference to the rate of pay which would have applied to the employee under clause 13, Salaries, or Part B of this Award if the Salary Packaging Agreement had not been entered into.

 

15.12  The Tribunal may vary the range and type of benefits available from time to time following discussion with the Association. Such variations shall apply to any existing or future Salary Packaging Agreement from date of such variation.

 

15.13  The Tribunal will determine from time to time the value of the benefits provided following discussion with the Association.  Such variations shall apply to any existing or future Salary Packaging Agreement from the date of such variation. In this circumstance, the employee may elect to terminate the Salary Packaging Agreement.

 

16.  Appointment and Promotion

 

16.1    The Chief Executive Officer or nominee may appoint or engage a person to any salary that is within the salary range.

 

16.2    In determining commencing salary regard shall be given to:

 

16.2.1 The person's skills, experience and qualifications;

 

16.2.2 The salary rate required to attract the person; and

 

16.2.3 The remuneration of existing staff members performing similar roles.

 

16.3    On appointment or engagement, a staff member shall be advised of their commencing salary rate and of any salary increments to which they may have access.

 

16.4    New staff members appointed to roles at the Tribunal shall be in the first instance appointed on a probationary basis for a period up to 6 months.

 

16.5    The probation period may be varied or waived at the discretion of the Chief Executive Officer or nominee.

 

17.  Allowances

 

17.1    Meal Allowances

 

17.1.1 The meal allowances provisions as set out in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, shall apply.

 

17.2    Temporary Assignment Allowance

 

17.2.1 Staff members directed to perform the duties of a higher position for at least five (5) consecutive working days shall be paid an allowance.

 

17.2.2 The Chief Executive Officer or nominee shall determine the amount of the allowance.

 

17.3    Travel Allowances - Conditions

 

17.3.1 The travel allowances provisions as set out in the clauses in Section 3 - Travel Arrangements of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, shall apply.

 

17.4    First Aid Allowance

 

17.4.1 The first aid allowance provisions as set out in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, shall apply.

 

17.4.2 Adequate first aid outfits shall be provided, maintained and placed under the control of nominated staff members possessing first aid qualifications.

 

18.  Union Consultation, Access and Activities

 

18.1    The provisions for union consultation, access and activities as set out in Section 5 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, including consultation and technological change and union deductions, shall apply.

 

19.  Extended Leave

 

19.1    The extended leave provisions as set out in the Crown Employees (Public Service Conditions of Employment) Award Reviewed 2009 or an award replacing it, shall apply.

 

20.  Family and Community Service Leave

 

20.1    The Family and Community Service Leave provisions as set out in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, shall apply.

 

20.2    The personal carer’s leave provisions are contained in this clause and also in the Sick Leave clause of this award.

 

21.  Leave Without Pay

 

21.1    The leave without pay provisions as set in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, shall apply.

 

22.  Military Leave

 

22.1    The military leave provisions as set out in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, shall apply.

 

23.  Religious or Cultural Observations

 

23.1    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 2009 or an award replacing it, shall apply.

 

24.  Parental Leave

 

24.1    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 2009 or an award replacing it, shall apply.

 

25.  Purchased Leave

 

25.1    The Chief Executive Officer or nominee may approve an application by a staff member for the purchase of additional leave in accordance with the Tribunal’s policy.

 

26.  Recreation Leave

 

26.1    The recreation leave provisions as set out in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, shall apply.

 

27.  Annual Leave Loading

 

27.1    The annual leave loading provisions as set out in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, shall apply, however, no restrictions on salary paid to staff members shall apply.

 

28.  Sick Leave

 

28.1    The sick leave provisions as set out in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, shall apply.  Further:

 

28.1.1 Staff members absent from duty because of illness or incapacity shall, where possible, report the absence not later than one hour after their normal commencing time.

 

28.1.2 In exceptional circumstances and on a case by case basis, the Chief Executive Officer or nominee, may grant staff members paid special sick leave or allow the leave to be taken on a half pay basis, including leave to be taken on half pay during extended periods of absence.

 

29.  Special Leave

 

29.1    Special leave is paid leave which applies to activities not regarded as being on duty and which are not covered by other forms of leave.

 

29.2    The Chief Executive Officer or nominee may grant special leave in accordance with the provisions in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, in the following situations:

 

29.2.1 Jury service.

 

29.2.2 Witness at court - official capacity.

 

29.2.3 Witness at court - other than in official capacity - Crown witness.

 

29.2.4 Called as a witness in a private capacity.

 

29.2.5 Examinations.

 

29.2.6 Association activities.

 

29.2.7 Return home when temporarily living away from home.

 

29.2.8 Return home when transferred to new location.

 

29.3    In addition to the provisions in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, special leave may be granted for the following situations:

 

29.3.1 Volunteers of recognised organisations (five days in any period of 12 months).

 

29.3.2 First aid training and retraining.

 

29.3.3 Attend retirement preparation seminars (two days).

 

29.3.4 Meetings for financial members of professional or learned societies (up to five days).

 

29.3.5 Competitors or officials at the Commonwealth or Olympic/Paralympic Games (up to four weeks).

 

29.4    Any other circumstance applied for by staff members as special leave, that is not covered by this clause may be granted by the Chief Executive Officer or nominee on a case by case basis.

 

29.5    Matters arising from domestic violence situations.

 

When the leave entitlements referred to in clause 47, 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.

 

30.  Study Leave

 

30.1    Study leave for full-time study may be granted to assist staff members who win scholarships/fellowships/awards or who wish to undertake full-time study and/or study tours.

 

30.2    Study leave may be granted for studies at any level, including undergraduate study.

 

30.3    The grant for study leave is entirely at the discretion of the Chief Executive Officer or nominee in accordance with this clause and is dependent on the availability of Tribunal funds and the relevance and value of the studies to the Tribunal.

 

30.4    Study leave is granted to staff members as leave without pay with financial assistance at the rate of:

 

30.4.1 full pay for studies which are directly relevant to the functions of the Tribunal and can be demonstrated to directly improve the efficiency or effectiveness of the Tribunal; or

 

30.4.2 half pay for studies that are of appreciable benefit to the efficiency or effectiveness of the Tribunal.

 

30.5    Studies are considered directly relevant to the efficiency or effectiveness of the Tribunal when:

 

30.5.1 the studies relate directly to the staff member’s functions and are necessary to enable these to be carried out effectively;

 

30.5.2 the studies involve research, the results of which are likely to have a significant impact on the Tribunal’s operations;

 

30.5.3 the staff member would gain skills and knowledge, which are required by the Tribunal;

 

30.5.4 the studies would assist the Tribunal to meet EEO objectives or other special purposes, and the skills and knowledge gained would contribute to improvements in effectiveness and efficiency.

 

30.6    Studies are considered to be of appreciable benefit to the efficiency or effectiveness of the Tribunal when:

 

30.6.1 the studies relate to the staff member’s likely future duties and are necessary to enable these to be carried out effectively;

 

30.6.2 the studies involve research, the results of which are likely to have an impact on the Tribunal’s operations;

 

30.6.3 the staff member would gain skills and knowledge, which are required by the Tribunal;

 

30.6.4 the studies would assist the Tribunal to meet EEO objectives or other special purposes and the skills and knowledge gained would contribute to improvements in effectiveness and efficiency.

 

30.7    An applicant may be granted leave without pay instead of study leave if the Tribunal considers that:

 

30.7.1 the studies proposed are neither directly relevant, nor of appreciable benefit to the effectiveness or efficiency of the Tribunal; or

 

30.7.2 financial constraints preclude the grant of study leave; or

 

30.7.3 while the studies proposed are relevant, a scholarship or award won by the applicant provides financial support equivalent to full or half salary.

 

30.8    When study leave is granted a "cost-to-the-State" bond must be undertaken by the staff member. The bond requires after-service of:

 

30.8.1 twice the period of study leave granted where financial assistance is at the level of full pay

 

30.8.2 the same period of study leave granted where financial assistance is at the level of half pay.

 

30.9    If the after-service is not completed, the bond requires the staff member to reimburse salary paid for the period of study leave as well as the value of any incremental progression or leave accrued during the period.

 

31.  Staff Development

 

31.1    The provisions relating to staff development and training activities as set out in Tribunal’s Staff Development Policy shall apply.

 

32.  Study Time

 

32.1    Study time is available to develop the skills and versatility of staff members in accordance with this clause and may be granted at the discretion of Chief Executive Officer or nominee.

 

32.2    It shall not be granted to staff members to attend a course organised essentially for full time students or which, in later stages, requires full time attendance.

 

32.3    Study time may be granted at full pay to staff members who are studying on a part-time basis.

 

32.4    Study time may be used for:

 

32.4.1 attending compulsory lectures, tutorials, residential schools, field days etc., where these are held during working hours; and/or

 

32.4.2 necessary travel during working hours to attend lectures, tutorials etc. held during or outside working hours; and/or

 

32.4.3 private study; and/or

 

32.4.4 accumulation, as outlined in subclause 32.17 of this clause.

 

32.5    Half an hour is granted for every hour of class attendance required, up to a maximum grant of four hours per week.

 

32.6    Where this grant is insufficient to cover essential absences, the necessary extra time can be granted.

 

32.7    Study time granted in excess of four hours per week must be made up.

 

32.8    Staff members who take study time on any particular day must work the contract hours on that day. For example, a staff member who is entitled to two hours study time on a Wednesday afternoon must ensure that they work five hours before proceeding on study time.

 

32.9    A half-day flexi leave or a half-day annual leave may be combined with a half-day study time to cover a full day’s absence from duty.

 

32.10  Where staff members have less than a half-day study time and wish to be absent for a full day, they may take annual leave for the remainder of the day.

 

32.11  Study time is not to be taken in any week when classes are not attended.

 

32.12  If a staff member attends more than one class, the weekly study time should be reduced correspondingly, when one of those classes is not attended.

 

32.13  Study time is an expendable grant, which if not used at the nominated time, is lost.

 

32.14  If an emergency situation occurs, a staff member may have to give up their normal study time. If circumstances allow, however, such time may be granted on another day during the same week.

 

32.15  Study time is not available for repeated subjects unless evidence can be provided that failure to successfully complete the subject at first attempt was caused by circumstances outside the staff member’s control.

 

32.16  Staff members attending repeat subjects during working hours, for which study time has not been granted, must make up all time taken off in attending those subjects.

 

32.17  Subject to Tribunal convenience -

 

32.17.1           Staff members may choose to accumulate part or all of their study time.

 

32.17.2           Accumulated study time may be taken in any pattern or at any time.

 

32.18  Correspondence students are granted study time in the manner outlined in subclause 32.8 of this clause, that is, half an hour for each hour of lecture/tutorial attendance involved in the corresponding face-to-face course, up to a maximum grant of four hours per week.

 

32.19  Where there is no corresponding face-to-face course, the institution will be asked to indicate the attendance requirements if such a course existed.

 

32.20  Correspondence students may accumulate their study time as outlined in subclause 32.17 of this clause, in order to cover any compulsory residential schools.

 

32.21  Block periods of study time may be granted to staff members in relation to the research and thesis component of: higher degrees, qualifying studies for admission to higher degrees; or Honours studies.

 

32.22  These block periods may be granted on the following basis:

 

32.22.1           Where a course at any level involves a thesis or major project as well as coursework, the usual study time would be granted for the coursework, and ten days study time for the thesis/major project component;

 

32.22.2           For qualifying studies entirely by thesis the grant is ten days;

 

32.22.3           For masters degree studies by research and thesis only, the total grant is:

 

32.22.3.1       25 days for courses of two years minimum duration; and

 

32.22.3.2       35 days for courses of three years minimum duration.

 

32.22.4           For doctoral studies, the total grant for the course is 45 days.

 

32.23  Where a staff member is undertaking qualifying or higher degree studies by coursework only, normal study time is granted.

 

33.  Reimbursement of Fees

 

33.1    Staff members undertaking approved part-time study or training shall be eligible for reimbursement of all or part of the fees (including HECS) and/or other compulsory charges.

 

33.2    The decision as to whether or not fees and/or other compulsory charges are approved in part or in full for reimbursement (and the method of reimbursement) is entirely at the discretion of the Chief Executive Officer or nominee.

 

33.3    Staff members applying for study time and/or reimbursement of fees and/or other compulsory charges shall, as soon as possible, be advised of which fees shall be reimbursed, how they shall be reimbursed, and the amount of study time to be approved. This will enable staff members to make a decision as to whether the study can be undertaken.

 

33.4    When determining the amount of reimbursement, the Chief Executive Officer or nominee shall consider:

 

33.4.1 the skill requirements of the Tribunal;

 

33.4.2 whether or not the expenditure is justified in terms of the Tribunal's objectives and targets; and

 

33.4.3 the availability of funds.

 

33.5    Reimbursement of approved fees and/or other compulsory charges shall be made on production of evidence of such expenditure, and subject to satisfactory completion of the course or stage.

 

33.6    To be eligible for reimbursement of approved fees and/or other compulsory charges staff members applying must have been employed by the Tribunal for the majority of the academic period in question and be employed at the time of making the application.

 

34.  Overtime

 

34.1    The overtime provisions as set out in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, shall apply, however:

 

34.1.1 Staff members directed to work overtime, up to and including IPART Officer G, shall be paid overtime at their current salary, or salary and allowance in the nature of salary.

 

34.1.2 Such overtime shall be approved in advance by the Chief Executive Officer or nominee.

 

35.  Public Holidays

 

35.1    The public holidays provisions as set out in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or an award replacing it, shall apply.

 

36.  Job Sharing

 

36.1    The Chief Executive Officer or nominee may approve implementation of job-sharing arrangements.

 

36.2    Job sharing is a voluntary arrangement in which one job is shared amongst staff members working on a part-time basis.

 

36.3    Job sharers may be employed on a part-time basis or may be full-time staff members on part-time leave without pay.

 

37.  Work from Home

 

37.1    The Chief Executive Officer or nominee may approve applications by staff members to work from home on a temporary, fixed term, or regular basis.

 

37.2    Approval may be granted where a family member requires care or where a project or report requires urgent completion that would be assisted by working from home.

 

37.3    Generally, working from home shall be granted where the Chief Executive Officer or nominee and staff member are in agreement that:

 

37.3.1 appropriate work is available that can be done at home efficiently without supervision and without liaison with other staff members;

 

37.3.2 the absence does not adversely affect the performance of the work group or the provision of necessary support services to others;

 

37.3.3 the home environment or circumstances will not prevent the staff members from completing an amount of work equivalent to what would normally be completed in the office environment; and

 

37.3.4 the staff member is available for telephone consultation and where possible available to return to the office at short notice.

 

37.4    All work from home approvals shall ensure adequate consideration of, and compliance with work health and safety, confidentiality and security provisions.

 

37.5    Where appropriate, facilities and equipment shall be provided to enable staff members to work at home.

 

38.  Unsatisfactory Performance, Misconduct or Serious Offence

 

38.1    Where situations arise in relation to unsatisfactory performance, misconduct or serious offence they shall be dealt with in accordance with the Tribunal’s policy.

 

39.  Termination of Employment

 

39.1    The staff member shall give two (2) weeks notice prior to resignation of employment.

 

39.2    The Tribunal shall give two (2) weeks notice or payment in lieu of notice to staff members prior to termination of employment.

 

39.3    In cases of serious or wilful misconduct the Chief Executive Officer or nominee may waive notice and no payment in lieu shall be due to staff members.

 

40.  Managing Excess Staff

 

40.1    Where changes result in staff members becoming excess, the arrangements for managing such staff members shall be in accordance with the NSW Government public sector "Managing Excess Employees" policy and based on professional management practice, systematic restructuring process as well as merit and equity principles.

 

41.  Secure Employment - Casual Conversion

 

41.1    The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

41.2    Casual Conversion

 

41.2.1 A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this clause.

 

41.2.2 Every employer of such a casual employee shall give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this clause if the employer fails to comply with this notice requirement.

 

41.2.3 Any casual employee who has a right to elect under paragraph 41.2.1 upon receiving notice under paragraph 41.2.2 or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse.

 

41.2.4 Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement.

 

41.2.5 Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

41.2.6 Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

41.2.7 Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

41.2.8 If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph 41.2.3 the employer and employee shall, in accordance with this paragraph, and subject to paragraph 41.2.3 discuss and agree upon:

 

41.2.8.1         whether the employee will convert to full-time or part-time employment; and

 

41.2.8.2         if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

41.2.9 Following an agreement being reached pursuant to paragraph 41.2.8 the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

41.2.10           An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this clause.

 

42.  Secure Employment - Work Health & Safety

 

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

 

42.1.1 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.

 

42.1.2 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.

 

42.2    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):

 

42.2.1 consult with employees of the labour hire business and/or contract business regarding the work health and safety consultative arrangements;

 

42.2.2 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;

 

42.2.3 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

 

42.2.4 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.

 

42.3    Nothing in this clause 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.

 

42.4    Disputes Regarding the Application of this Clause

 

42.4.1 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.

 

42.5    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.

 

43.  Anti-Discrimination

 

43.1    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.

 

43.2    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 which, by its terms or operation, has a direct or indirect discriminatory effect.

 

43.3    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.

 

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

 

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

 

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

 

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

 

43.4.4 a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

43.5    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.

 

43.5.1 Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

43.5.2 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 the religious susceptibilities of the adherents of that religion."

 

44.  No Extra Claims

 

44.1    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 2019 by a party to this Award.

 

45.  Savings of Rights

 

45.1    No staff member covered by this award shall suffer a reduction in the rate of pay or any loss or diminution of any conditions of employment as a consequence of the making of this award.

 

46.  Lactation Breaks

 

46.1    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.

 

46.2    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.

 

46.3    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.

 

46.4    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.

 

46.5    The Chief Executive Officer shall provide access to a suitable, private space with comfortable seating for the purpose of breastfeeding or expressing milk.

 

46.6    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.

 

46.7    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.

 

46.8    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 28, Sick Leave of this award, or access to the flexible working hours scheme provided in clause 9, Flexible Work Hours of this award, where applicable.

 

47.  Leave for Matters Arising from Domestic Violence

 

47.1    The definition of domestic violence is found in sub clause 3.19, of clause 3, Definitions, of this award;

 

47.2    Leave entitlements provided for in clause 20, Family and Community Service Leave, and clause 28, Sick Leave, may be used by staff members experiencing domestic violence;

 

47.3    Where the leave entitlements referred to in subclause 47.2 are exhausted, the Chief Executive Officer shall grant Special Leave as per sub clause 47.5;

 

47.4    The Chief Executive Officer 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;

 

47.5    Personal information concerning domestic violence will be kept confidential by the agency;

 

47.6    The Chief Executive Officer, 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.

 

48.  Relationship to Other Awards

 

48.1    The Tribunal will, subject to approved parameters within Government wages policy, negotiate with the Association the full quantum of future salary increase or other benefits.

 

48.2    The Tribunal will use the outcomes achieved between the Association and Industrial Relations Secretary to inform its negotiations with the intent of varying this Award to give effect to those salary increases and other benefits.

 

48.3    The method of achieving salary increases negotiated between the Tribunal and the Association shall be at the local level and not necessarily determined by the same outcomes as the Crown Employees (Public Sector - Salaries 2015) Award or an award replacing it.

 

48.4    Where there may be inconsistencies between this award and the Crown Employees (Public Service Conditions of Employment) Award 2009 as varied, the arrangements in this award shall prevail.

 

49.  Area, Incidence and Duration

 

49.1    This award applies to staff members of the Independent Pricing and Regulatory Tribunal as defined in clause 3, Definitions of this award.

 

49.2    The award shall commence on 1 July 2018 and has a nominal expiry date of 30 June 2019. It rescinds and replaces the Crown Employees (Independent Pricing And Regulatory Tribunal 2017) Award published 6 October 2017 (381 I.G. 827).

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

Salary rates apply from the dates indicated in the table below:

 

 

 

 

 

P. M. KITE, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.