Crown Employees (Office of Environment and
Heritage - Royal Botanic Gardens and Domain Trust Building and Mechanical
Trades Employees) Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Industrial Relations Secretary.
(Case No. 2018/178010)
Before Chief
Commissioner Kite
|
22 June 2018
|
AWARD
PART A
Arrangement
Clause No. Subject
Matter
1. Title
2. Parties
3. Definitions
4. Intention
5. Effects of
the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009
6. Wage
Rates
7. General
Conditions of Employment
7A. School
Based Apprentices
8. Consultative
Committee
9. Dispute
Resolution Procedures
10. Classification
Standards
11. Anti-Discrimination
12. Salary
Packaging Arrangements including Salary Sacrifice to Superannuation
13. No Extra
Claims
14. Area,
Incidence and Duration
15. Savings and
Rights
PART B
RATES AND ALLOWANCES
Table 1 - Rates of Pay
Table 2 - Allowances
PART A
1. Title
1.1 This Award shall
be known as the Crown Employees (Office of Environment and Heritage - Royal
Botanic Gardens and Domain Trust Building and Mechanical Trades Employees)
Award 2018.
2. Parties
2.1 This Award has
been made between the following parties:
The Industrial Relations Secretary for the Office of
Environment and Heritage (OEH);
Construction, Forestry, Mining Energy Union; and
Communications Electrical Electronic
Energy Information Postal Plumbing and Allies Services Union of Australia (CEPU
Plumbers Division NSW Branch).
3. Definitions
"Act" means the Government Sector Employment Act 2013.
"Award" means this Award.
"OEH" means the Office of Environment and
Heritage.
"Organisation" means the Office of Environment and
Heritage.
"Chief Executive" means the Chief Executive of the
Office of Environment and Heritage.
"Employee" means and includes all persons employed
under the provisions of the Government
Sector Employment Act 2013 and who have been assigned to a role covered by
this Award.
"Operative Date" means the date on which this
Award is made by the Industrial Commission of New South Wales and becomes
legally binding on the parties.
"Secretary" means the Industrial Relations
Secretary, as established under the Government
Sector Employment Act 2013.
"Supervision" means, in addition to normal
supervisory responsibilities, the assessment, evaluation and training of
employees.
"Union" means the:
Construction, Forestry, Mining Energy Union (CFMEU); and
Communications Electrical Electronic Energy Information
Postal Plumbing and Allies Services Union of Australia (CEPU Plumbers Division
NSW Branch);
having regards for their respective
coverage.
4. Intention
4.1 It is intended
that this Award will align the wages of the employees employed under this Award
with the employees employed under the Crown Employees (Parks and Gardens -
Horticulture and Rangers Staff) Consent Award 2004 published 21 October 2016
(380 I.G. 1256).
4.2 It is intended that
the Award will provide a suitable basis for the parties to implement
appropriate arrangements to ensure that corporate objectives are met.
4.3 The Award will
help facilitate the processes necessary to enhance the productivity of the
organisation and provide a better return to the organisation, the employees,
and the community.
5. Effect of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009
5.1 The parties
agree:
5.1.1 Overtime - The
overtime provisions contained in the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009, as varied, or any replacement Award shall
apply to all employees covered by this Award.
5.1.2 Travelling
Compensation - The travelling compensation provisions contained in the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009, as
varied or any replacement Award shall apply to all employees covered by this
Award.
5.1.3 The provisions of
sub-clauses 5.1.1 and 5.1.2 shall apply in lieu of the provisions of the Crown
Employees (Skilled Trades) Award 2018, as varied or replaced, in respect of
Excess Fares and Travelling Time, and Overtime.
5.2 Conditions of
employment for employees covered by this Award are to be regulated by the
following hierarchy:
(i) this Award where stated; or
(ii) the Crown Employees (Skilled Trades) Award 2018 where not
regulated by this Award; or
(iii) any conditions
not regulated by this Award or the Crown Employees (Skilled Trades) Award 2018
shall be provided by the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009, as varied or replaced.
5.3 Where there is
an inconsistency between this Award, the Crown
Employees (Skilled Trades) Award 2018 and the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009 as varied or replaced, this Award
shall prevail to the extent of the inconsistency.
6. Wage Rates
6.1 The wage rates
paid to employees covered by this Award are specified in Part B, Rates and
Allowances, Table 1.
6.2 Apprentice
trades employees shall be paid a percentage of the rate of pay applicable to
Level Five Year 1:
Year One
|
45%
|
Year Two
|
60%
|
Year Three
|
75%
|
Year Four
|
85%
|
7. General Conditions
of Employment
7.1 Except as otherwise
provided in this Award, employees shall be entitled to and shall observe the
conditions of employment made pursuant to the provisions of the Act.
7.2 The ordinary
working hours shall be an average of 38 hours per week worked over a four (4)
week settlement period.
7.3 Rostered Days
Off - rostered days off (RDOs) shall be taken on days set by mutual agreement
between employees and management. Where
mutual agreement is not reached between employees and management as to the date
on which the employee’s RDO is to be taken, then the employee shall be entitled
to take the day set by the Industry as the RDO for that month.
7.3.1 The parties agree
that a nine-day fortnight will operate. The additional RDO shall be taken on a
day agreed to by the parties to this Award.
7.3.2 Employees may, by
mutual agreement with management, accrue up to three (3) RDOs in any one year.
7.4 Allowances
7.4.1 The parties agree
that all allowances previously paid to employees covered by this Award, including
the Pager Allowance, have been rolled into salary with the exception of the
allowances in sub-clauses 7.4.2, 7.4.3 and 7.4.4, the rates for which are
specified in Part B, of Table 2.
7.4.2 Chokage Allowance - the allowance as contained in Part B,
Table 2 will be calculated to and paid as a weekly allowance to an employee
required to perform chokages.
7.4.3 Asbestos
Allowance - the allowance as contained in Part B, Table 2 will be calculated to
and paid as a weekly allowance to an employee required to
work with asbestos.
(i) The
parties agree that employees who are required to work with asbestos will be
provided with the appropriate safety equipment.
(ii) The parties
also agree that employees have the right to refuse to work with asbestos if it is
considered that such work is too hazardous to safely work with.
7.4.4 Plumbers’ Licence
Allowance and Plumbers’ Registration Allowance - the allowances will be paid to
employees required to act on such a Licence.
7.4.5 Having regard to
clause 6.1 of this Award, allowances contained in Part B, Table 2 have been
increased by 2.5% per annum from the first pay period on or after 1 July 2018.
7.5 Emergency
Call-outs - Where an employee covered by this Award is called out after hours
to respond to an emergency alarm, they shall be paid a minimum of four hours
overtime.
7.6 Employees
covered by this Award are not required to provide their own tools.
7.7 Employees will
be entitled to an additional holiday on a working day nominated by the Director
within the period between Boxing Day and New Year’s Day. This holiday applies
in lieu of the Union Picnic Day entitlement provided by the Crown Employees
(Skilled Trades) Award 2018.
7.8 Subject to an
employee making written authorisation, the Royal Botanic Gardens shall deduct
from the employee’s pay, subscriptions payable to a nominated industrial
organisation of employees (Union) and shall pay the deducted subscriptions to
such an organisation.
7A.
School Based Apprentices
7A.1 Definition
A school based apprentice is an employee who is
undertaking an apprenticeship under a training contract while also enrolled in
the Higher School Certificate.
7A.2 Wages
(i) The
hourly rates for full-time apprentices as set out in this Award shall apply to
school based apprentices for total hours worked including time deemed to be
spent in off-the-job training.
(ii) For the
purposes of subclause 7A.2 (i) of this clause, where
a school based apprentice is a full-time school student, the time spent in off the
job training for which the school based apprentice is paid is deemed to be 25
per cent of the actual hours worked on the job each week.
(iii) The wages paid
for training time may be averaged over the school term or year.
(iv) Where
this Award specifies a weekly rate for full-time apprentices, the hourly rate
shall be calculated by dividing the applicable weekly rate by 38.
7A.3 Progression
through the Wage Structure
(i) School
based apprentices progress through the wage scale at
the rate of 12 months’ progression for each two years of employment as an
apprentice.
(ii) The rates of
pay are based on a standard apprenticeship of four years. The rate of
progression reflects the average rate of skill acquisition expected from the
typical combination of work and training for a school based apprentice
undertaking the applicable apprenticeship.
7A.4 Conversion from a
school based apprentice to a full-time apprenticeship
Where an apprentice converts from a school based to a
full-time apprenticeship, all time spent as a full-time apprentice counts for
the purpose of progression through the wage scale set out in this Award. This
progression applies in addition to the progression achieved as a school based
apprentice.
7A.5 Conditions of
Employment
Except as provided by this clause,
school based apprentices are entitled to pro rata entitlements of all other
conditions of employment contained in this Award.
8. Consultative
Committee
8.1 A Royal Botanic Gardens
and Domain Trust Joint Consultative Committee Sub-committee (the Sub-committee)
shall monitor the implementation of this Award and make, during its period of
operation, recommendations to the Executive Director of the Royal Botanic
Gardens and Domain Trust with regard to:
(i) implementation of the classification levels and progressions
between classification levels as provided in clause 10, Classification
Standards.
(ii) any other matters regarding the implementation of this
Award.
8.2 The Sub-committee
shall consist of representatives of management and representatives of the
unions which are party to this Award, the latter chosen at the discretion of
the union members covered by this Award.
8.3 Should the
parties to the Sub-committee fail to reach agreement on any matter the Dispute
Resolution Procedures outlined in clause 9, Dispute Resolution Procedures, will
be followed.
9. Dispute Resolution
Procedures
9.1 Subject to the
provisions of the Industrial Relations
Act 1996, should any dispute (including a question or difficulty) about an industrial matter arise, then the following procedures
shall apply:
9.1.1 Should any dispute or difficulty arise or is considered
likely to occur, in a particular workplace, the matter is discussed between the
employee and the supervisor involved as soon as is practicable.
9.1.2 The supervisor
will discuss the matter with the employee(s) and/or the union delegate of the
employee’s representative within a reasonable time frame with a view to
resolving the dispute, question or difficulty or by negotiating an agreed
method and time frame for processing.
9.1.3 Should the matter
remain unresolved, or should the matter be of a nature which involves multiple
workplaces, then the employee, union delegate and/or union official or
employee’s representative may raise the matter with the Curator/Manager with a
view to resolving the dispute, question or difficulty or by negotiating an
agreed method and time frame for proceeding.
9.1.4 Where the
procedures in subclause 9.1.3 do not lead to a resolution of the dispute,
question or difficulty, the matter will be referred to senior representatives
of the Royal Botanic Gardens and Domain Trust management. The parties will discuss the dispute,
question or difficulty with a view to resolving the matter or by negotiating an
agreed method and time frame for proceeding.
9.1.5 Should the above
procedures not lead to a resolution then either party may make application to
the Industrial Relations Commission.
9.1.6 Notwithstanding
the intention of the parties to follow the steps in this clause, it is
acknowledged that there may be limited circumstances where the parties may
directly seek the assistance of the Industrial Relations Commission.
10. Classification
Standards
10.1 A position
falling within the scope of this Award shall have assigned to it a
classification level determined in accordance with the classification standards
detailed below.
10.2 Broadbanding Classifications
10.2.1 For the purposes
of this Award, Level 5/6 is a broadbanded
classification. Progression between Levels 5 and 6 is by way of a
"soft" progression based on the assessment and appeal processes that
are agreed by the parties.
10.2.2 For the purposes
of this Award, Level 7/8 is a broadbanded classification.
Progression between Levels 7 and 8 is by way of a "soft" progression
based on the assessment and appeal processes that are agreed by the parties.
10.3 The following
classification levels will apply in each Administrative Unit:
10.3.1 Level 5
An employee assigned to a role established at Level 5
of this Award will:
(a) Work under
minimal supervision and therefore be required to exercise independent judgement
at trade level; and
(b) Have a
recognised trades certificate or equivalent, or be able to demonstrate
equivalent prior learning and possess the relevant interpretation skills and
other skills and relevant experience required to:
(i) perform trade level duties; and/or
(ii) provide visitor assistance; and/or
(iii) supervise apprentices; and
(iv) communicate with supervisors and other employees; and/or
10.3.2 Level 6
An employee assigned to a role established at level 6
of this Award will:
(a) Work under
minimal supervision and therefore be required to exercise independent judgement
at an advanced trade level and exercise initiative with regard to matters of
minor complexity; and
(b) Have a
recognised trades certificate, or be able to
demonstrate equivalent prior learning, so that they have the developed
communication skills, interpretation skills and other skills and relevant
experience required to:
(i) perform advances trade level duties; or
(ii) supervise apprentices; and
(iii) communicate with supervisors and other employees; and/or
(iv) communicate semi-technical information to the public.
(c) Fulfil the
requirements for progression to Level 6 based on the assessment and appeals
processes that are to be agreed between the parties.
10.3.3 Level 7
An employee assigned to a role established at Level 7
of this Award will:
(a) Work
independently on assigned specialist work and/or lead a small work team on
assigned work and therefore be required to exercise independent judgement and
to be accountable for work performance; and
(b) Have a
recognised trades certificate, and have the skills and
relevant supervisory experience required to:
(i) manage a small specialist work area as an individual or as
the leader of a small team of employees (normally less than 6 employees) -
supervising and training employees; and
(ii) be accountable for completion of work to agreed standards;
and/or
(iii) solve technical problems of limited complexity; and
(iv) document and communicate technical data and information to
other employees and/or the public.
10.3.4 Level 8
An employee assigned to a role established at Level 8
of this Award will:
(a) Work
independently on assigned specialist work and/or lead a team on assigned work
and therefore be required to exercise independent judgement and to be
accountable for work performance; and
(b) Have a
recognised trades certificate and have the skills and
relevant supervisory experience required to:
(i) manage a specialist work area as an individual or as the
leader of a team of employees - supervising and training employees; and
(ii) be accountable for completion of work to agreed standards;
and/or
(iii) solve technical problems of some complexity; and
(iv) document and communicate technical data and information to
employees and/or the public.
(c) Fulfil the
requirements for progression to Level 8 based on the assessment and appeals
processes that are to be agreed between the parties.
11.
Anti-Discrimination
11.1 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 and age.
11.2 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 indirectly
discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award that, by its terms or operation, has a direct discriminatory effect.
11.3 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.
11.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under
21 years of age:
(c) any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.
(d) a party to this Award from pursuing or obligations in
addition to those imposed upon the parties by the legislation referred to in
this clause.
11.5 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.
11.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
11.7 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."
12. Salary Packaging Arrangements,
Including Salary Sacrifice to Superannuation
12.1 The entitlement
to salary package in accordance with this clause is available to:
12.1.1 ongoing
full-time and part-time employees;
12.1.2 temporary
employees, subject to the OEH’s convenience; and
12.1.3 casual
employees, subject to the OEH’s convenience, and limited to salary sacrifice to
superannuation in accordance with sub-clause 12.7.
12.2 For the purposes
of this clause:
12.2.1 "salary" means the salary or rate of pay prescribed for
the employee's classification by clause 6, Wage Rates, Part B of this Award,
and any other payment that can be salary packaged in accordance with Australian
taxation law.
12.2.2 "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.
12.3 By mutual
agreement with the Secretary, an employee may elect to package a part or all of
their post compulsory deduction salary in order to obtain:
12.3.1 a
benefit or benefits selected from those approved by the Secretary; and
12.3.2 an
amount equal to the difference between the employee’s salary, and the amount
specified by the Secretary for the benefit provided to or in respect of the
employee in accordance with such agreement.
12.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
12.5 The agreement
shall be known as a Salary Packaging Agreement.
12.6 Except in
accordance with subclause 12.7, 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 Executive Officer at the time of signing the Salary Packaging
Agreement.
12.7 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:
12.7.1 paid
into the superannuation fund established under the First State Superannuation Act 1992; or
12.7.2 where
the OEH is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
12.7.3 subject
to the OEH’s agreement, paid into another complying superannuation fund.
12.8 Where the
employee makes an election to salary sacrifice, the OEH shall pay the amount of
post compulsory deduction salary, the subject of election, to the relevant
superannuation fund.
12.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
12.9.1 Police Regulation (Superannuation) Act
1906;
12.9.2 Superannuation Act 1916;
12.9.3 State Authorities Superannuation Act 1987;
or
12.9.4 State Authorities Non-Contributory
Superannuation Act 1987,
the OEH 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.
12.10 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 12.9 of this clause, the OEH 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 OEH may be in excess of superannuation guarantee
requirements after the salary packaging is implemented.
12.11 Where the employee
makes an election to salary package:
12.11.1 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
12.11.2 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 6, Wage Rates, or Part B
of this Award if the Salary Packaging Agreement had not been entered into.
12.12 The Secretary may
vary the range and type of benefits available from time to time following
discussion with the Unions. Such
variations shall apply to any existing or future Salary Packaging Agreement
from date of such variation.
12.13 The Secretary will
determine from time to time the value of the benefits provided following
discussion with the Unions. 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.
13. No Extra Claims
13.1 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.
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.
14. Area Incidence and
Duration
14.1 This Award will
apply to employees assigned to a role in classifications covered by
Construction, Forestry, Mining Energy Union and Communications Electrical
Plumbing Union - Plumbers Division NSW, within the Royal Botanic Gardens Trust
Division employed in the OEH.
14.2 This Award
rescinds and replaces the Crown Employees (Office of Environment and Heritage -
Royal Botanic Gardens and Domain Trust Building and Mechanical Trades
Employees) Award 2015 published 15 January 2016 (378 I.G. 1261) and shall take
effect from the first full pay period on or after 1 July 2018 and remain in
force for a period of one year.
15. Savings and Rights
15.1 At the time of
making this Award, no employee covered by this Award will suffer a reduction in
his or her rate of pay or any loss of or diminution in his or her conditions of
employment as a consequence of the making of this Award.
15.2 Should there be a
variation to the Crown Employees (Skilled Trades) Award 2018 or the Crown
Employees (Parks and Gardens - Horticulture and Rangers Staff) Award 2007 or
any Award replacing those Awards, the employees covered by this Award will
maintain the same rates of pay relationship to the classifications covered by
the Crown Employees (Skilled Trades) Award 2018 or the Crown Employees (Parks
and Gardens - Horticulture and Rangers Staff) Award 2007 either by an
application for variation, or by the making of a new Award.
PART B
RATES AND ALLOWANCES
Table 1 - Rates of Pay
Classification
|
2.5% increase
effect from the first full pay
|
|
period on or after
01.07.18
|
|
Per Annum
|
|
$
|
Apprentice Year 1
|
28,222.00
|
Apprentice Year 2
|
37,630.00
|
Apprentice Year 3
|
47,037.00
|
Apprentice Year 4
|
53,309.00
|
Trades Level 5/6 Year 1
|
62,715.00
|
Trades Level 5/6 Year 2
|
64,395.00
|
Trades Level 5/6 Year 3
|
66,199.00
|
Trades Level 5/6 Year 4
|
68,033.00
|
Trades Level 7/8 Year 1
|
69,964.00
|
Trades Level 7/8 Year 2
|
72,054.00
|
Trades Level 7/8 Year 3
|
74,334.00
|
Trades Level 7/8 Year 4
|
77,363.00
|
Table 2 - Allowances
Clause No. and
Brief Description
|
2.5% increase
effective from the first full
|
|
pay period on or after
01.07.18
|
|
$
|
7.3.1 Chokage (per hour)
|
1.27
|
7.3.2 Asbestos (per
hour)
|
1.01
|
7.3.3 Plumbers
Licence (per hour)
|
1.76
|
7.3.4 Plumbers
Registration (per hour)
|
1.00
|
P.M.
KITE, Chief Commissioner.
____________________
Printed by the authority of the Industrial Registrar.