Crown Employees (Department of Industry)
Operational Staff Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 285844 of 2018)
Before Chief Commissioner Kite
|
1 February 2019
|
REVIEWED
AWARD
PART A
Arrangement
PART A
Clause No. Subject
Matter
1. Title of
the Award
2. Definitions
3. Salaries
4. School
Based Apprentices
5. Saving of
Rights
6. Minimum Qualification
Requirements and Commencing Rates
7. Promotional
Criteria
8. Allowances
9. Leading
Hand Allowance - Transitional Arrangements
10. Review of
Allowances Payable in Terms of this Award
11. Hours of
Work - Day Work
12. Hours of
Work - Shift Work
13. Overtime
14. Public
Service Holiday
15. Job
Evaluation
16. Appeals
Mechanism
17. Grievance
and Dispute Settling Procedures
18. Deduction
of Union Membership Fees
19. Anti-Discrimination
20. Area
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Allowances
1. Title of the Award
(i) This
Award shall be known as the Crown Employees (Department of Industry)
Operational Staff Award.
2. Definitions
(i) "Act"
means - the Government Sector Employment
Act 2013.
(ii) "Apprentice"
means - an Apprentice assigned to a role, for the duration of their
apprenticeship, in a trade covered by the Crown Employees (Skilled Trades)
Award.
(iii) "Association"
means - the Public Service Association and the Professional Officers’
Association Amalgamated Union of New South Wales.
(iv) "Department"
means Department of Industry, Skills and Regional Development, as specified in
Schedule 1 of the Government Sector
Employment Act 2013.
(v) "Farm
Assistant", "Livestock Attendant", "Senior Livestock Attendant",
"Laboratory Craftsman" and "Senior Laboratory Craftsman"
means - a member of staff who is assigned to a role designated as such.
(vi) "Farm
Supervisor" means - a member of staff who is assigned to a role designated
as such.
(vii) "Gardener-experienced"
means - a member of staff, not being a gardener-tradesperson, as defined, who
is temporarily assigned to role as gardener in the absence of or unavailability
of a gardener-tradesperson and who, by experience, is capable of performing gardening
work to a satisfactory level.
(viii) "Gardener-labourer"
means - a member of staff who is assigned to a role to assist a gardener or to
assist generally in gardening work and may be required to carry out under the
supervision of a gardener any of the work set out in the definition of
"gardener-tradesperson' and includes the operation of small petrol or
electricity driven hand mowers and the like.
(ix) "Gardener-labourer
1st class" means - a garden labourer who is capable of and required from
time to time to drive and/or operates motorised tractor hauled or mechanical
equipment used in gardening, tree lopping, paving, kerb making, rockery
building and landscaping.
(x) "Gardener-Tradesperson"
means - a member of staff who has satisfactorily completed an apprenticeship in
the industry of horticulture and gardening and holds the Horticulture
Certificate of NSW TAFE or a certificate of equal or higher status and is
assigned to a role as a tradesperson in horticulture, gardening, green keeping,
floral decoration and all phases of allied works, such as rockery building,
paving, landscaping and the like. Provided that a member of staff who had been
assigned to a role as a "gardener" under the Crown Employees
(Operational Staff - Department of Agriculture) Award published 1 May 1998 (304
I.G. 750) and who through ongoing experience described, shall for the purpose
of the Award be deemed to be a gardener tradesperson.
(xii) "Handyperson"
means - a member of staff who is assigned to a role designated as such and who carries
out minor repairs and maintenance of farm buildings, structures and equipment.
(xiii) "Industrial
Relations Secretary" means the Secretary of the Treasury as specified in
Schedule 1 of the Government Sector
Employment Act 2013.
(xiv) "Job Evaluation"
means - a methodology agreed to between the parties to grade Operational Staff
roles under this Award.
(xv) "Leading
Hand" means - a member of staff who is an assigned to role designated as
such and who supervises a particular operation(s).
(xvi) "Maintenance
Operator" means - a member of staff who is assigned to a role designated
as such and who carries out repairs and maintenance of farm buildings,
structures and equipment and is assigned to a role that requires possession of
a trade qualification as a condition of employment.
(xvii) "Maintenance
Supervisor" means - a member of staff who is assigned to a role of
Building Supervisor that requires possession of a trade qualification as a
condition of employment.
(xviii) "Member of Staff" for the purposes of this
Award, means a person employed as an
employee on probation, or employee, employed in any capacity under the
provisions of Part 4, Division 5 of the Act, who is classified under this
Award.
(xix) "Normal
Work" normal work as defined in clause 17, Grievance and Dispute Settling
Procedures, is defined as the duties, responsibilities and capabilities
relevant to the Role Description of a member, or members of staff at the time
of a grievance, dispute or difficulty.
(xx) "Operational
Staff" means - all members of staff assigned to roles described in this
clause.
(xxi) "Prior
Learning" means - recognising formal skills and experience.
(xxii) "Public
Service" means - the Public Service of New South Wales as defined in the Government Sector Employment Act 2013.
(xxiii)"Regulation" means - the Government Sector
Employment Regulation 2014.
(xxiv) "Role"
means - a role to which a member of staff has been assigned.
(xxv) "Rules"
means the Government Sector Employment (General) Rules 2014.
(xxvi) "Salary
Rates" means - the ordinary time of pay for the member of staff's grading,
excluding shift allowances, weekend penalties and all other allowances not
regarded as salary.
(xxvii) "Secretary" means the
Secretary of the Department of Industry as specified in Schedule 1 of the Government Sector Employment Act 2013
(xxviii) "Service"
means - continuous service for salary purposes.
(xxix) "Supervisor-Special
Grade" means - a member of staff assigned to the role of supervisor who,
in the opinion of the Secretary, has special responsibilities involving
supervision of another supervisor and more than one major field of activity
(xxx) "Unions"
means - The Australian Workers Union, New South Wales Branch, Australian
Manufacturing Workers Union, New South Wales Branch, the Electrical Trades
Union of Australia, New South Wales Branch, Communications, Electrical &
Plumbing Union, Plumbing Division (NSW Branch); and the Construction, Forestry,
Mining and Energy Union, New South Wales Branch.
3. Salaries
(i) This award is listed in
Schedule A of the Crown Employees (Public Sector - Salaries 2018) Award and
salaries payable to employees shall be in accordance with that award or any
award replacing it. The rates set out at Table 1 and Table 2 of Part B, of this
award are subject to the rates as set by the Crown
Employees (Public Sector - Salaries 2018) Award or any award replacing it.
(ii) Existing
allowances payable for passing prescribed annual technical college examinations
shall continue to be paid to apprentices in accordance with the Crown Employees
(Skilled Trades) Award.
(iii) The salary
rates in Part B, Monetary Rates, of this Award, are set in accordance with the
Crown Employees (Public Sector - Salaries 2015) Award and any variation or
replacement Award.
4. School Based
Apprentices
(i) 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.
(ii) Wages
(a) 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.
(b) For the
purposes of paragraph (ii)(a) 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.
(c) The wages paid
for training time may be averaged over the school term or year.
(d) 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.
(iii) Progression
through the Wage Structure
(a) School based apprentices progress through the wage scale at the rate of
12 months’ progression for each two years of employment as an apprentice.
(b) 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.
(iv) Conversion
from a school based apprentice to a full time apprenticeship
Where an apprentice converts from a school based to an
ongoing 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.
(v) 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.
5. Saving of Rights
No member of staff employed in the Department under another
Award, agreement, or determination on 27 March 1997, or thereafter, who is
re-classified under this Award shall receive a salary which is less than the
salary received under the member of staff's former Award, agreement or
determination.
6. Minimum
Qualification Requirements and Commencing Rates
(i) The
commencing rate of pay for a member of staff who is assigned to a role of Farm
Assistant shall be the rate of pay prescribed for Grade 1, Step 1.
(ii) The commencing
rate of pay for a member of staff who is assigned to a role of Garden Labourer
shall be the rate of pay prescribed for Grade 1, Step 1.
(iii) The commencing
rate of pay for a member of staff who is assigned to a role of Handyperson
shall be the rate of pay prescribed for Grade 1, Step 3.
(iv) The
commencing rate of pay for a member of staff who is assigned to a role of
Garden Labourer 1st Class shall be the rate of pay prescribed for Grade 1, Step
3.
(v) Except as provided
by subclause (iii) of clause 9 of this Award, the commencing rate of pay for a
member of staff who is assigned to role of Leading Hand shall be the rate of
pay prescribed for Grade 2, Step 1.
(vi) The
commencing rate of pay for a member of staff who is assigned to a role of
Gardener-Experienced shall be the rate of pay prescribed for Grade 2, Step 1.
(vii) The commencing
rate of pay for a member of staff who is assigned to a role of Maintenance
Operator and who possesses a trade qualification, other than plumbing or
electrical, shall be the rate of pay prescribed for Grade 2, Step 2.
viii) The commencing
rate of pay for a member of staff who is assigned to role of Maintenance
Operator and who possesses a plumbing trade qualification shall be the rate of
pay prescribed for Grade 2, Step 3.
(ix) The commencing
rate of pay for a member who is assigned to a role of Gardener-tradesperson
shall be the rate of pay prescribed for Grade 2, Step 3.
(x) The commencing rate
of pay for a member of staff who is assigned to role of Maintenance Operator
and who possesses an electrical trade qualification shall be the rate of pay
prescribed for Grade 3, Step 1.
(xi) The commencing
rate of pay for a member of staff who is assigned to a role of Fitter Operator
shall be the rate of pay prescribed for Grade 3, Step 3 (however, this rate
must not fall below the prescribed rate under the Crown Employee (General Staff
- Salaries) Award 2007.
(xii) The commencing
rate of pay for a member of staff who is assigned to a role of Farm Supervisor
of a B Grade Research Station shall be the rate of pay prescribed for Grade 4,
Step 1.
(xiii) The commencing
rate of pay for a member of staff who is assigned to a role of Farm Supervisor
of an A Grade Research Station shall be the rate of pay prescribed for Grade 5,
Step 1.
(xiv) The commencing
rate of pay for a member of staff who is assigned to a role of Gardener
Supervisor shall be the rate of pay prescribed for Grade 5, Step 2.
(xv) The commencing
rate of pay for a member of staff who is assigned to a role of Gardener
Supervisor Special Grade shall be the rate of pay prescribed for Grade 5, Step
3.
(xvi) The commencing
rate of pay for a member of staff who is assigned to a role of Maintenance
Supervisor shall be the rate of pay prescribed for Grade 6, Step 1.
7. Promotional
Criteria
(i) Promotion
between grades shall be subject to the occurrence of a vacancy and by
comparative assessment and demonstrating the ability to undertake the capabilities
provided for in the Government Sector Capabilities Framework as outlined in the
role description.
(ii) Movement within
the incremental range of a grade shall be subject to the acquisition of
relevant National Competency Points at the required Australian Qualification
Framework (AQF) Level necessary to justify progression to that higher salary
level. The specific progression requirements are set out in the Operational
Staff Workplace Assessment and Progressional Criteria
Handbook.
8. Allowances
(i) A
member of staff employed upon any chokage and who is
required to open up any soil pipe, waste pipe, drain pipe or pump conveying
offensive material or a scupper containing sewerage or if the member of staff
is required to work in a septic tank in operation, shall be paid an additional
amount per day or part of a day as set out in Item 1 of Table 2 - Allowances,
of Part B, Monetary Rates.
(ii) A Maintenance
Supervisor or a Maintenance Operator who, as a condition of their employment,
is required to possess and use a trade licence shall, in additional to the rate
of pay prescribed in clause 3, Salaries, be paid any of the allowances as set
out in Item 2 of Table 2 as is deemed appropriate.
(iii) A Maintenance
Supervisor, Maintenance Operator or an Apprentice who, as a condition of their
employment, is required to provide their normal tools of trade shall, in
addition to the rate of pay prescribed in clause 3, Salaries, be paid the
allowance as set out in Item 3 of Table 2 as is deemed appropriate.
Part-time and casual employees shall be paid the hourly
equivalent of the above mentioned rates respectively, calculated as follows:
Appropriate annual
allowance
|
x
|
1
|
52.17857143
|
|
38
|
(iv) Any Operational Staff
Grade 2 or above who retain the Leading Hand Allowance as a result of operation
of the transitional arrangements prescribed by clause 9 of this Award shall, in
addition to the appropriate rate of pay prescribed in clause 3, Salaries, be
paid an allowance as set out in Item 4 of Table 2 - Allowances of Part B,
Monetary Rates. That allowance is to be
superable and is to be regarded as salary for all purposes.
(v) Operational
Staff who are required to work a broken shift shall be paid an amount per day
extra as set out in Item 5 of Table 2 - Allowances, of Part B, Monetary Rates.
(vi) Operational
Staff shall be paid the appropriate working dog allowance as set out in Item 6
of Table 2 - Allowances, of Part B Monetary Rates where the relevant Research Station
Manager certifies that the use of staff member’s working dog(s) is/are
necessary for the efficient conduct of the station’s operations.
(vii) First aid
(a) A member of
staff assigned as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such member of staff as
specified in Item 7 of Table 2 - Allowances of Part B, Monetary Rates.
(b) The First Aid
Allowance shall not be paid during extended leave or any other continuous
period of leave which exceeds four weeks.
(c) When the First
Aid Officer is absent on leave for one week or more and another qualified member of staff is selected to relieve in the First Aid
Officer’s role, such member of staff shall be paid a pro rata first aid
allowance for assuming the duties of a First Aid Officer.
(viii) A member of
staff required to work more than one and one half hours after the ordinary
ceasing time shall be provided with a meal or be paid the appropriate Overtime
Meal Allowance as set out Item 8 of Table 2 - Allowances, of Part B, Monetary
Rates for such a meal and after the completion of each four hours of continuous
overtime thereafter shall be paid the appropriate rate as set out in Item 8 of
Table 2 - Allowances, of Part B, Monetary Rates for each subsequent meal in
addition to the overtime payment.
(ix) A Maintenance
Operator required to hold and act upon a First Class
Refrigeration Certification issued by the appropriate Authority or equivalent
current NSW certification shall be paid the rate as set out in Item 9 of Table
2 - Allowances, of Part B, Monetary Rates.
9. Leading Hand
Allowance - Transitional Arrangements
(i) Any
Operational Staff Grade 2 or above who receives the Leading Hand Allowance as at
the date of the first advertisement of the assigned role of Leading Hand
established by the former Crown Employees (Operational Staff - NSW Agriculture)
Award published 15 November 2002 (337 I.G. 1) will not be financially
disadvantaged in the following circumstances:
(a) where successful in their application for a role of Leading
Hand;
(b) where unsuccessful in the application for a role of Leading
Hand; or
(c) where no application is made for a role of Leading Hand.
Such member of staff shall retain their existing
allowance until they retire, resign or are promoted. The Leading Hand allowance payable to such
member of staff will continue to be adjusted as prescribed by clause 10, Review
of Allowances. Such members of staff who are not
assigned to an ongoing full time Leading Hand role, but who retain the Leading
Hand Allowance, can be called upon to perform Leading Hand duties as the need
arises whilst in receipt of this allowance.
In all other situations payment of the Leading Hand Allowance will cease
with the assignment of Leading Hands at the respective locations.
(ii) Trade based
Operational Staff who are assigned to Leading Hand roles can be required to
perform duties associated with the trade(s) they possess in addition to their
Leading Hand duties.
(iii) Any Operational
Staff Grade 1 who received a Leading Hand Allowance immediately prior to being
assigned to a role of Leading Hand would commence on Grade 2, Step 2 to avoid
any salary reduction arising from the cessation of the Leading Hand Allowance
and progress thereafter subject to the agreed competency based progression
criteria.
10. Review of
Allowances Payable in Terms of this Award
(i) Adjustment
of Allowances - Allowances contained in clause 8, Allowances, of this Award
shall be reviewed as follows:
(a) The following
allowances shall be reviewed in accordance with variations to the Crown
Employees (Public Sector - Salaries 2018) Award or any replacement Award:
Chokage Allowance
Licence and Registration Allowances
Leading Hand Allowance
Broken Shift Allowance
First Aid Allowance
Refrigeration Allowance
(b) Tool Allowances
shall be reviewed in accordance with variations to the Crown Employees (Skilled
Trades) Award, or any replacement Award
(c) Overtime Meal Allowances
shall be reviewed in accordance with variations to Meal Allowances prescribed
by the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009 as varied or replaced.
(ii) Dog Allowances
shall be adjusted on 1 January each year in line with the increases in the
Consumer Price Index for Sydney during the preceding calendar year.
11. Hours of Work -
Day Work
(i) The
ordinary working hours shall be thirty-eight per week and shall be worked in
accordance with the following provisions for a rostered work cycle:
(a) Except in the
case of members of staff engaged in attending livestock, the ordinary working
hours shall be worked as a twenty-day four-week cycle Monday to Friday,
inclusive, with nineteen working days of eight hours each between the hours of
6:00 am and 6:00 pm, with 0.4 of one hour on each day worked accruing as an
entitlement to take one rostered day off in each work cycle as a day off paid
for as though worked, or a system of nine working days each fortnight between
Monday and Friday, inclusive, consisting of eight days at 8.5 hours, one day at
8 hours, and one day being a rostered day off.
(b) The ordinary
working hours of members of staff engaged in attending livestock shall be
worked as a twenty day, four week cycle of five days per week during the period
Monday to Saturday inclusive within nineteen working days of eight hours each
between the hours of 6:00 am and 6:00 pm, with 0.4 of one hour on each day
worked accruing as an entitlement to take one rostered day off in each work
cycle as a day off paid for as though worked.
(c) The rostered
day off shall be a Monday or a Friday within the working cycle provided that by
agreement of the Department and the member of staff, the rostered day off may
be taken on any other day within the work cycle or accrued as an entitlement
for a day off to be taken in a subsequent work cycle.
Provided further that no member of
staff shall be entitled to accrue more than six rostered days off under the
terms of this subsection. All rostered days off shall be taken by the
member of staff as leisure days off, and except as provided for in this
subsection, no work shall be performed by a member of staff on their rostered
off day or days.
(d) A roster of
days off (provided for under this subsection) for each member of staff shall be
notified to staff prior to the commencement of each working cycle. Unless
otherwise decided by mutual agreement staff shall be provided with seven (7)
working days notice of a change in roster, provided
that, in the case of an emergency situation, forty-eight (48) hours notice of a change in roster may be given by the
Department.
(e) Where such
rostered day off prescribed by this subclause falls on a public holiday as
defined in the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 as varied or replaced, the next working day shall be taken
in lieu of the rostered day off unless an alternative day in that work cycle
(or the next work cycle) is agreed in writing between the Department and the
member of staff.
(f) Each day of
paid leave taken and any public holidays occurring during the work cycle shall
be regarded as a day worked for accrual purposes.
(g) A member of staff
who has not worked a complete work cycle, shall receive pro-rata accrued
entitlements for each day worked (or each fraction of a day worked) or regarded
as having been worked in such cycle, payable for the rostered day off or, in
the case of termination of employment, on termination.
(h) Members of
staff shall commence and cease work at their headquarters or other usual or
constant location or as otherwise reasonably directed by the Department.
(i) Members
of staff shall be entitled to a meal break each day of not less than half an
hour in duration provided that the said meal break shall be taken between 11:30
am and 1:30 pm at a time convenient to the Department.
(j) A tea break
during the morning period of not more than twenty minutes duration shall be
allowed to each individual member of staff, at a time to be arranged by the
Department without deduction from their salaries. The Department may grant a tea break of not
more than ten minutes duration during both the morning and afternoon periods of
the working day in lieu of 20 minute morning tea break.
12. Hours of Work -
Shift Work
(i) The
ordinary working hours for shift work shall be thirty-eight per week and shall
be worked in accordance with the following provisions for a four-week work cycle:
(a) The ordinary
working hours for shift work shall be worked as twenty-day four-week cycle of
five days per week during the period Monday to Sunday inclusive (except broken
shifts) with nineteen working days of eight hours each, with 0.4 of one hour on
each shift accruing as an entitlement to take one rostered shift off in each
work cycle as a shift off paid for as though worked.
(b) The rostered
shift off shall be Monday or a Friday within the working cycle provided that by
agreement of the Department and the member of staff the rostered shift off may
be taken on any other day within the work cycle or accrued as an entitlement
for a shift off to be taken in a subsequent work cycle. Provided that no member
of staff shall be entitled to accrue more than six shifts off under the terms
of this subsection. All rostered shifts off shall be taken by the member of
staff as a leisure day off, and except as provided for in this subsection no
work shall be performed by a member of staff on their rostered off shift or
shifts.
(c) A roster of
shifts off (provided for under this subsection) for each member of staff shall
be notified to members of staff prior to the commencement of each working
cycle. Unless otherwise decided by mutual agreement staff shall be provided
with seven (7) working shifts notice of change in roster provided that in the
case of an emergency situation, forty-eight (48) hours
notice of change in roster may be given by the Department.
(d) Where such
rostered shift off prescribed by this subclause falls on a public holiday as
defined in the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 as varied or replaced, the next working day shall be taken
in lieu of the rostered shift off unless an alternative day in that four-week
cycle (or the next four-week cycle) is agreed in writing between the employer
and the member of staff.
(e) Each shift of
paid leave taken and any public holidays occurring during any cycle of four
weeks shall be regarded as a shift worked for accrual purposes.
(f) A member of
staff who has not worked a complete four-week cycle shall receive pro-rata
accrued entitlements for each shift worked (or each fraction of a shift worked)
or regarded as having been worked in such cycle, payable for the rostered shift
off or, in the case of termination of employment, on termination.
(g) Shift workers
shall be allowed a meal break of at least twenty minutes which shall be counted
as time worked at a time convenient to the Department.
(ii) Shift
Allowances
Shift workers shall be paid the following shift
allowances:
Shift
|
Commencing Time
|
Allowance in
Addition to Ordinary Rate
|
|
|
|
Day
|
at or after 6am
|
Nil
|
Afternoon
|
at or after 10am and before 1pm
|
10%
|
Afternoon
|
at or after 1pm and before 4pm
|
12½%
|
Night
|
at or after 4pm and before 4am
|
15%
|
Night
|
at or after 4am and before 6am
|
10%
|
Provided that shift allowances shall
not be paid in respect of work done at weekends or on public holidays.
(iii) Penalty Rates
Shift workers shall be paid the following rates in
respect of work done at weekends or on public holidays.
(a) Weekends
The rate payable to shift workers for work done between
midnight Friday and midnight Saturday shall be ordinary time and a half. The
rate payable to shift workers for work done between midnight Saturday and
midnight Sunday shall be ordinary time and three quarters.
(b) Public Holidays
The rate payable to shift workers for work done on a
public holiday shall be double time and a half.
(iv) Members
of staff, other than Operational Staff involved in Dairy Operations, shall not
be required to work shift work without the prior agreement of the Association
or the appropriate Union.
13. Overtime
(i) For
the purposes of this Award, the Secretary or a person authorised by the
Secretary, may require a member of staff to perform duty beyond the hours
determined under clause 11, Hours of Work - Day Work and clause 12 Hours of
Work - Shift Work, of this Award, but only if it is not unreasonable for the
member of staff to be required to do so.
A member of staff may refuse to work overtime in circumstances where the
working of such overtime would result in the member of staff working
unreasonable hours. In determining what
is unreasonable, the following factors shall be taken into account:
(a) the member of staff’s prior commitments outside the
workplace, particularly the member of staff’s family and carer
responsibilities, community obligations or study arrangements;
(b) any risk to member of staff health and safety;
(c) the urgency of the work required to be performed during
overtime, the impact on the operational commitments of the organisation and the
effect on client services,
(d) the notice (if any) given by the Secretary regarding the
working of the overtime, and by the member of staff of their intentions to
refuse overtime; or
(e) any other relevant matter.
(ii) Except as
hereinafter provided, overtime at the rate of time and one half for the first
two hours and double time thereafter shall be paid for all time worked:
(a) in excess of the daily number of rostered hours in one day;
or
(b) outside the limits of clauses 11 and 12, Hours of Work.
(iii) Except as
provided for in clause 12, all work performed on Sundays and Public Holidays
shall be paid for at the rate of double time and double time and a half
respectively. A member of staff required to work on a
Sunday or Public Holiday shall receive a minimum payment of 4 hours pay at the
rate of double time or double time and a half respectively.
(iv) In
calculating overtime rates, the allowances referred to in clause 12 of the
Award shall be disregarded.
(v) A member of
staff recalled to work overtime after 6:00 pm on any day other than a Sunday or
Public Holiday shall receive a minimum payment of 4 hours pay at the
appropriate overtime rate. On each recall the member of staff may be required
to work 4 hours.
(vi) A
member of staff who works so much overtime-
(a) between the termination
of their ordinary work day or shift, and the commencement of their ordinary
work in the next day or shift, that the member of staff has not had at least
ten consecutive hours off duty between these times;
(b) or on
Saturdays, Sundays and Holidays, not being ordinary working days or on a
rostered day off, without having had ten consecutive hours off duty in the
twenty-four hours preceding their ordinary commencing time on their next
ordinary day or shift, shall, subject to this subclause, be released after
completion of such overtime until the member of staff has had ten hours off
duty without loss of pay for ordinary working time occurring during such
absence.
Provided that, if on the instructions of the
Department, such a member of staff resumes, or continues to work, without
having had such ten consecutive hours off duty the member of staff shall be
paid at double rates until released from duty for the ten hour period and shall
then be entitled to be absent until the member of staff has had ten consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
(c) The provisions
of this subclause shall apply in the case of shift workers as if eight hours
were substituted for ten hours when overtime is worked-
(1) For the purpose
of changing shift rosters, or
(2) Where a shift
worker does not report for duty and a day worker or a shift worker is required
to replace such shift worker, or
(3) Where a shift
is worked by arrangement between the members of staff themselves.
(vii) A member of
staff who is required to work overtime for two hours or more after the normal
ceasing time shall be allowed, at the expiration of the said two hours, 30
minutes for a meal or crib and thereafter a similar time allowance after every
four hours of overtime worked. Time for meals or crib through overtime periods
shall be allowed without loss of pay, provided that overtime work continues
after such break.
(viii) Where overtime
is worked on a Saturday, if work continues after 12 noon, a break for a meal of
30 minutes shall be allowed between 12 noon and 1pm which meal break shall be
taken without loss of pay.
(ix) Saturday Work -
Day Workers All ordinary time worked on Saturdays in accordance with paragraph
(i)(b) of clause 11, Hours
of Work - Day Work, of this Award shall be paid for at the rate of time and a
half.
(x) Leave in Lieu
of Payment a member of staff approved to work overtime may, within two working
days following such work, elect to take leave in lieu of payment for all or
part of the entitlement in respect of the time so worked. Such leave in lieu
shall accrue at the rates specified for overtime in this Award i.e., such leave
in lieu shall accrue at the equivalent computed overtime rate.
Provided that:
(a) Where the
member of staff elects to receive leave in lieu of payment such leave in lieu
shall be taken at the convenience of the Department.
(b) Such leave in
lieu shall be taken in multiples of quarter day only.
(c) Subject to the convenience
of the Department, leave in lieu shall be taken within three months of the date
accrual, except in the case of leave in lieu in respect of work performed on a
public holiday, in which case a member of staff may elect to have such leave in
lieu added to annual leave credits.
(d) A member of
staff shall be entitled to payment for the balance of any overtime entitlement
not taken as leave in lieu.
(xi) Wherever
practicable, overtime at each Station/Centre/Institute will be equitably shared
between members of staff on the classification required to work such overtime.
14. Public Service
Holiday
(i) The
Public Service Holiday as prescribed by clause 12(C) the Government Sector
Employment Regulation 2014 shall be a Public Service Holiday/Union Picnic Day
for Operational Staff covered by this Award and shall be in lieu of any other
Picnic Day.
(ii) All Operational
Staff shall, as far as practicable, be given and shall take this day as the
Public Service Holiday/Union Picnic Day and shall be paid therefore as for
eight hours' work at the rate prescribed in clause 3, Salaries, of this
Award. Any member of staff required to
work on such day shall be paid at the rate of double time and a half for not
less than four hours' work. Provided that a member of staff who is required to
work on the Public Service Holiday/Union Picnic Day and who fails to comply
with such requirement shall not be entitled to payment for the day.
15. Job Evaluation
(i) Roles
classified as Operational Staff shall be graded in accordance with the
accredited Job Evaluation methodology agreed by the Department, Industrial
Relations Secretary and Associations/Unions, or any other methodology agreed
between the parties during the operation of this Award to grade Operational
Staff roles.
(ii) The grading of
Operational Staff roles shall be carried out in consultation between the
Department and Associations/Unions using the Department's Joint Consultative
Committee. This Committee shall be the
forum for negotiation and consultation on the operation of the Department's Job
Evaluation methodology during the operation of this Award.
(iii) Roles will be
evaluated and graded from time to time in the following circumstances:
(a) where the nature of a role is significantly changed, or a
new role is created.
(b) where a role falls vacant, the Department can determine
whether it is necessary to evaluate and grade the role prior to advertising the
vacancy.
(c) at the request of any party to this Award provided that the
role assigned to a member of staff has not been evaluated and graded for a
minimum of twelve (12) months.
(iv) Where
a member of staff's role is evaluated as falling within a lower or higher
grading than that to which the member of staff is presently assigned, then the
Department:
(a) will examine
the feasibility of initiating work redesign changes to the role in order to
seek to justify the role’s salary range at its existing grading level, or;
(b) adhere to
existing statutory and related Public Service policies on filling regraded
roles if initiating action under paragraph (a) of this subclause is determined
to be inconsistent with maintaining Department efficiency, or otherwise
impracticable.
16. Appeals Mechanism
(i) A
member of staff shall have the right to appeal any decision made by the
Department in relation to their progression within the grade.
(ii) Members of
staff shall submit a written submission outlining their case to the Director,
Industrial Relations within 28 days of the decision being appealed.
(iii) The Director,
Industrial Relations shall constitute an appeals committee made up of one
Management representative (who shall not be the appellant's immediate
supervisor), one relevant Association/Union representative and one peer that is
acceptable to both Management and the Association/Union.
(iv) The
appeal shall be heard within 28 days of it being lodged and the recommendation
of the committee shall be forwarded to the Secretary or nominee for decision.
(v) The decision of
the Secretary or nominee shall be forwarded to the member of staff concerned
within 7 working days of the appeal being heard.
17. Grievance and
Dispute Settling Procedures
(i) 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 Department, if required.
(ii) A member of
staff 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.
(iii) 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 member of staff to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Secretary or delegate.
(iv) The immediate
manager, or other appropriate employee, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the member of staff 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 member of staff may
pursue the sequence of reference to successive levels of management until the
matter is referred to the Secretary.
(vi) The
Secretary may refer the matter to the Industrial Relations Secretary for
consideration.
(vii) If the matter
remains unresolved, the Secretary shall provide a written response to the
member of staff 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.
(viii) A member of
staff, at any stage, may request to be represented by the Association/Union.
(ix) The member of
staff or the Association/Union on their behalf, or the
Secretary may refer the matter to the Industrial Relations Commission of NSW if
the matter is unresolved following the use of these procedures.
(x) The member of
staff, Association/Union, Department and Industrial Relations Secretary shall
agree to be bound by any order or determination by the Industrial Relations
Commission of NSW in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (ix) 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 member of staff or member of the public.
18. Deduction of Union
Membership Fees
(i) The
union/association shall provide the Department with a schedule setting out
fortnightly membership fees payable by members of the union/association in
accordance with the union's/association’s rules.
(ii) The
union/association shall advise the Department of any change to the amount of
fortnightly membership fees made under its rules. Any variation to the schedule
of union/association fortnightly membership fees payable shall be provided to
the Department at least one month in advance of the variation taking effect.
(iii) Subject to
subclauses (i) and (ii) of this clause, the
Department shall deduct union/association fortnightly membership fees from the
pay of any member of staff who is a member of the union/association in
accordance with the union's/association’s rules, provided that the member of
staff has authorised the Department to make such deductions.
(iv) Monies
so deducted from member of staff's pay shall be forwarded regularly to the
union/association together with all necessary information to enable the
union/association to reconcile and credit subscriptions to members of staff
union/association membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the union/association, all
union/association membership fees shall be deducted on a fortnightly basis.
(vi) Where a member
of staff has already authorised the deduction of union/association membership
fees from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the member of staff to make a fresh
authorisation in order for such deductions to continue.
19.
Anti-Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(iv) Nothing
in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under
21 years of age;
(c) any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this Award from pursuing matters of unlawful
discrimination in any State or federal jurisdiction.
(v) 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.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) 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."
20. Area, Incidence
and Duration
(i) This
Award shall apply to Operational Staff described in clause 2, Definitions, of
this Award, in the Department of Industry.
(ii) The members of
staff regulated by this Award shall be entitled to the conditions of employment
as set out in this Award and, except where specifically varied by this Award,
existing conditions are provided for under the Government Sector Employment Act 2013, the Government Sector
Employment Regulation 2014, the Government Sector Employment (General) Rules,
the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009 and the Crown Employees (Public Sector - Salaries 2018) Award or any Awards
replacing these Awards.
(iii) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Department of Industry, Skills and
Regional Development) Operational Staff Award published 27 November 2015 (378 I.G. 319), as varied.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 1 February 2019.
(iv) The
Award remains in force until varied or rescinded, the period for which it was
made having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
Effective from the beginning of the first full pay period to
commence on or after 1 July 2018 with the exception of the Dog Allowances as
shown in item 6, Table 2, is adjusted on 1 January each year in line with the
increases in the Consumer Price Index for Sydney during the preceding calendar
year.
(A) Full time (Annual Rate)
|
Common Salary Point
|
1.07.18
|
|
|
Per Annum
|
|
|
(2.50% Increase)
|
|
|
$
|
Junior
|
Under 17
|
-
|
35,701
|
|
at 17 years
|
-
|
43,349
|
Grade 1
|
Step 1
|
-
|
50996
|
|
Step 2
|
26
|
52,882
|
|
Step 3
|
29
|
54,311
|
|
Step 4
|
33
|
56,198
|
Grade 2
|
Step 1
|
36
|
57,767
|
|
Step 2
|
39
|
59,411
|
|
Step 3
|
43
|
61,655
|
|
Step 4
|
46
|
63,199
|
Grade 3
|
Step 1
|
46
|
63,199
|
|
Step 2
|
50
|
65,688
|
|
Step 3
|
53
|
67,443
|
Grade 4
|
Step 1
|
56
|
69,350
|
|
Step 2
|
60
|
72,054
|
|
Step 3
|
63
|
74,333
|
Grade 5
|
Step 1
|
63
|
73,333
|
|
Step 2
|
66
|
76,580
|
|
Step 3
|
70
|
79,602
|
Grade 6
|
Step 1
|
73
|
81,920
|
|
Step 2
|
76
|
84,322
|
|
Step 3
|
80
|
87,663
|
(B) Apprentices Full-time (Weekly Rate)
|
|
Per Week
|
|
|
$
|
Year 1
|
-
|
510.70
|
Year 2
|
-
|
673.90
|
Year 3
|
-
|
858.50
|
Year 4
|
-
|
975.60
|
Table 2 - Allowances
Item No.
|
Clause
No.
|
Brief Description
|
1.7.2018
|
|
|
|
Amount
(2.50% Increase)
|
|
|
|
$
|
1
|
8(i)
|
Chokage Allowance per day or
part thereof
|
9.54
|
2
|
8(ii)
|
Maintenance Operator - Licence & Registration
|
Per
annum
|
|
|
Allowances
|
|
|
|
Electricians Licence
|
A Grade
|
2,656
|
|
|
|
B Grade
|
1,428
|
|
|
Registration Allowance
|
1,999
|
|
|
(a) Plumber’s Licence
|
2,625
|
|
|
(b) Gasfitter’s Licence
|
2,625
|
|
|
(c) Drainer’s Licence
|
2,265
|
|
|
(d) Plumber’s/Gasfitter’s Licence
|
3,502
|
|
|
(e) Gasfitter’s/Drainer’s Licence
|
3,502
|
|
|
(f) Plumber’s/Drainer’s Licence
|
3,502
|
|
|
(g) Plumber’s/Gasfitter’s/Drainer’s Licence
|
4,835
|
3
|
8(iii)
|
Maintenance Operator & Apprentice Tool
|
Per
week
|
|
|
Allowances
|
|
|
|
Carpenter
|
32.30
|
|
|
Electrician
|
20.40
|
|
|
Plumber
|
32.30
|
|
|
Motor Mechanic
|
32.30
|
|
|
Fitter & Turner
|
32.30
|
|
|
Welder
|
32.30
|
4
|
8(iv)
|
Leading Hand Allowance Per Annum
|
2,315
|
5
|
8(v)
|
Broken Shift Allowance Per Day
|
14.74
|
6
|
8(vi)
|
Dog Allowance Not Found - 1 Dog* Per Week
|
3.83
|
|
|
Dog Allowance Not Found - 2 Dogs* Per week
|
7.63
|
|
|
Dog Allowance - 1 Dog
Per week
|
11.01
|
|
|
Dog Allowance - 2 Dogs
Per week
|
22.02
|
7
|
8(vii)
|
Occupational First Aid Allowance Per week
|
26.20
|
|
|
First Aid Allowance Per week
|
17.59
|
8
|
8(viii)
|
Overtime Meal Allowance
|
|
|
|
First Meal
|
30.60
|
|
|
Subsequent Meals
|
30.60
|
9
|
8(ix)
|
Refrigeration Allowance Per Annum
|
701.03
|
* Where dog is fed meat supplied by the Department
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.