Crown Employees (Department of Finance, Services
and Innovation) Award 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 284646 of 2018)
Before Chief Commissioner Kite
|
13 February 2019
|
REVIEWED
AWARD
PART A
Clause No. Subject
Matter
1. Title
2. Definitions
3. Parties
to the Award
4. Classifications
and Salaries
5. Leave Loading included in Salary
6. Savings
of Rights
7. Conditions
of Employment
8. Assistance
with Public Transport
9. Private
Use of Business Vehicles
10. Career
Development
11. Child Care
12. Tailored
Benefits for Relocation
13. Grievance
and Dispute Settling Procedures
14. Consultative
Arrangements
15. Anti-Discrimination
16. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Classification Schedules
1. Title
This award shall be known as the Crown Employees (Department
of Finance, Services and Innovation) Award 2015.
2. Definitions
"Act" means the Government Sector Employment Act 2013.
"Department" means the NSW Department of Finance,
Services and Innovation, as specified in Schedule 1 of the Government Sector Employment Act 2013.
"Secretary" means the Secretary of the NSW
Department of Finance, Services and Innovation.
"Secretary of Treasury" means the Secretary of
Treasury established as the employer for industrial purposes under the Government Sector Employment Act 2013.
"Salaried staff", "staff member",
"staff" and "employee" mean people employed in the
Department of Finance, Services and Innovation who are paid by salary. These terms exclude those employed in the
Senior Executive Service and Ministerial (Wages) Staff.
"Salary" excludes the employer's contribution to
superannuation. Salary may take the form
of a salary package including non-monetary compensation.
"Salary Point" means a salary nominated within a
grade or level.
"Union" means the Public Service Association and
Professional Officers’ Association Amalgamated Union of New South Wales (PSA)
or Professionals Australia (NSW Branch) (PA) having regard to their respective
coverage.
3. Parties to the
Award
The parties to this award are the Secretary of Treasury, the
Department of Finance, Services and Innovation, the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales
(PSA) and Association of Professional Engineers, Scientists and Managers,
Australia (NSW Branch) known as "Professionals Australia".
4. Classifications and
Salaries
(1) The
classifications are set out in Table 1 of Part B, Monetary Rates of this award.
(2) The
corresponding salary rates are set out in the Crown Employees (Public Sector -
Salaries 2018) Award or any variation or replacement award.
(3) The salaries of
employees employed are adjusted to the appropriate scale prescribed by the
award on the basis of years of service in role or grade.
(4) In calculating
years of service for the purpose of this award the following periods are not
taken into account:
(a) Any period in
respect of which an increment is refused in accordance with clause 14,
Increments, of the Government Sector Employment Regulation 2014;
(b) Any leave of
absence without pay exceeding five days in any incremental year;
(c) Any period
necessary to give full effect to a reduction in salary imposed under sections
68 Unsatisfactory performance of government sector
employees and 69 Misconduct - Public Service and other prescribed government
sector employees the Government Sector
Employment Act 2013.
5. Leave Loading
Included in Salary
In accordance with the arrangement commencing 1 December
1995 in the former Department of Public Works and Services, the classifications
salary rates referred to in this award include an additional 1.35% payment in
lieu of a recreation leave loading.
6. Saving of Rights
At the time of making of this award, no staff member covered
by this award will suffer a reduction in their rate of pay or any loss or
diminution in his or her conditions of employment as a consequence of the
making of this Award. This clause is not
intended to give rise to further claim.
7. Conditions of
Employment
The staff members 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, Government Sector
Employment (General) Rules 2014, 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.
8. Assistance with
Public Transport
The Department will provide funds for the purchase of yearly
rail, bus and ferry tickets (or combinations of these) for staff members who
require them.
Staff members will repay the cost of the ticket over 12
months through regular fortnightly deductions from after tax salary.
9. Private Use of
Business Vehicles
Staff members, subject to availability of motor vehicles and
Management approval, may use departmental vehicles for private purposes. Such staff members can negotiate to include
private use of a vehicle in a salary package.
Private use of vehicles is determined by business need, not
remuneration level, and all vehicles must be fully available for business use
during normal working hours.
Salary packaging is not compulsory and vehicles remain the
property of the Department Finance, Services and Innovation. Costs and payments
are to be the same as those applying to the Senior Executive Service, as
applied from time to time.
The arrangements set out in this clause do not promote, or
allow, casual and short-term use of departmental vehicles for private use.
10. Career Development
The Department is committed to the ongoing learning and
development of its staff members. Staff
members shall be provided with equitable opportunities for career and
professional development.
It is recognised that training and development shall not be
limited to internal and external training courses and may include staff member
exchange programs, secondments, attendance at conferences, seminars or
short-term study courses which have been approved by the Department and
permission granted for the staff members to attend. The Department will continue to meet the cost
of such training and development initiatives.
The Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 provisions for Study Assistance and Staff Development and
Training Activities will apply to staff members with the following additional
provisions:
The Department will make reasonable contributions towards
compulsory fees (tuition fees or course changes, other than the Higher
Education Contribution Surcharge), where the Deputy Secretaries, Divisional
Directors or Group General Managers approve payments because they are justified
by the relevance of studies to the current and future skills requirements of
the Department.
Study leave will be granted for post-graduate studies
directly related to the Department’s core business, at the discretion of the
Secretary.
11. Child Care
The Department will continue to sponsor child care places in
the Family Day Care Scheme throughout New South Wales. Family Day Care provides small group care in
a family environment and caters for children aged up to 12.
12. Tailored Benefits
for Relocation
(1) A package will
provide tailored benefits for staff required to relocate. The benefits will be equal to, or better
than, the current provisions of the Crown Employees (Transferred Employees
Compensation) Award.
(2) A package of
variable, individually negotiated benefits will be established to compensate
for the expenses and associated dislocation experienced by staff required to
relocate their residence as a consequence of promotion, transfer (for other
than disciplinary reasons) or exchange to a new work location.
(3) The scope of
the package will be defined prior to time of acceptance of the new position and
will include:
(a) Reimbursement
of up to 100% of relocation expenses associated directly with the transfer or
promotion
(b) Reimbursement
of up to 100% for temporary accommodation and/or excess rental costs up to a
period of 6 months
(c) Payment of a
relocation allowance of up to $5,000.00 (dependent on individual circumstances)
to compensate for items not directly recoverable.
(4) These
provisions are available to all staff, subject to negotiation and approval on
an individual basis.
13. Grievance and
Dispute Handling Procedures
(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 within the Department, if
required.
(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.
(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
Secretary or delegate.
(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.
(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. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Secretary.
(6) The Secretary
may refer the matter to the Secretary of Treasury for consideration.
(7) If the matter
remains unresolved, the Secretary 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.
(8) A staff member,
at any stage, may request to be represented by their Union.
(9) The staff
member or the Union on their behalf, or the Secretary
may refer the matter to the New South Wales Industrial Relations Commission if
the matter is unresolved following the use of these procedures.
(10) The staff member,
Union, Department and Secretary of Treasury shall agree to be bound by any
order or determination by the New South Wales Industrial Relations Commission
in relation to the dispute.
(11) Whilst the
procedures outlined in subclauses (1) to (10) 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 occupational 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.
14. Consultative
Arrangements
The Consultative Arrangements for the Department are
governed by the Consultative Committee Terms of Reference and Memorandum of
Understanding.
15.
Anti-Discrimination
(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.
(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.
(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.
(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 matters of unlawful discrimination in any State or Federal
jurisdiction.
(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.
(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."
16. Area, Incidence and
Duration
(1) This award
applies to staff of the Department of Finance, Services and Innovation in the
classifications listed in Table 1 of Part B, Monetary Rates, excluding staff
employed in NSW Fair Trading, Lands and Property Information, Office of State
Revenue, Waste Assets Management Corporation and Government Property NSW.
(2) 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 Finance, Services and Innovation) Award 2015 published
15 January 2016 (378 I.G. 1017), 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 13 February 2019.
(3) Changes made to
this award subsequent to it first being published on 11 July 2008 (366 I.G.
149) have been incorporated into this award as part of the review.
(4) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Classification Schedules
Salary Rates aligning to the classifications set out below
can be found in the Crown Employees (Public Sector - Salaries 2018) Award or
any variation or replacement award.
PROFESSIONAL STAFF
Grade
|
Year
|
General Scale
|
1
|
General Scale
|
HSC 19 yrs
|
General Scale
|
2 or age 20
|
General Scale
|
3 or age 21
|
General Scale
|
4
|
General Scale
|
5
|
General Scale
|
6
|
General Scale
|
7
|
General Scale
|
8
|
General Scale
|
9
|
General Scale
|
10
|
General Scale
|
11
|
General Scale
|
12
|
General Scale
|
13
|
|
|
1
|
1
|
|
2
|
|
3
|
|
4
|
|
5
|
|
|
2
|
1
|
|
2
|
|
3
|
|
4
|
|
|
3
|
1
|
|
2
|
|
3
|
|
4
|
|
|
4
|
1
|
|
2
|
|
3
|
SENIOR PROFESSIONAL STAFF
Level
|
Year
|
Senior 1
|
1
|
|
2
|
Senior 2
|
1
|
|
2
|
Senior 3
|
1
|
|
2
|
PROJECT STAFF
Grade
|
Year
|
1
|
1
|
|
2
|
2
|
1
|
|
2
|
3
|
1
|
|
2
|
4
|
1
|
SENIOR MANAGEMENT
DFS STAFF
Grade
|
Year
|
General Scale
|
1
|
General Scale
|
HSC 19 yrs
|
General Scale
|
2 or age 20
|
General Scale
|
3 or age 21
|
General Scale
|
4
|
General Scale
|
5
|
General Scale
|
6
|
General Scale
|
7
|
General Scale
|
8
|
General Scale
|
9
|
General Scale
|
10
|
*Personal
|
|
Grade
|
Year
|
|
|
1
|
1
|
|
2
|
2
|
1
|
|
2
|
3
|
1
|
|
2
|
4
|
1
|
|
2
|
5
|
1
|
|
2
|
6
|
1
|
|
2
|
7
|
1
|
|
2
|
8
|
1
|
|
2
|
9
|
1
|
|
2
|
10
|
1
|
|
2
|
11
|
1
|
|
2
|
12
|
1
|
|
2
|
TECHNICAL STAFF (A)
Grade
|
Year
|
General Scale
|
1 or 16 yrs
|
General Scale
|
2 or 17 yrs
|
General Scale
|
3 or 18 yrs
|
General Scale
|
4 or 20 yrs
|
General Scale
|
5 or 21 yrs
|
General Scale
|
6
|
General Scale
|
7
|
General Scale
|
8
|
General Scale
|
9
|
General Scale
|
10
|
General Scale
|
11
|
General Scale
|
12
|
General Scale
|
13
|
General Scale
|
14
|
|
|
I
|
1
|
|
2
|
|
3
|
|
4
|
|
5
|
II
|
1
|
|
2
|
|
3
|
|
4
|
III
|
1
|
SENIOR TECHNICAL (A)
Grade
|
Year
|
Senior I
|
1
|
|
2
|
|
3
|
Senior II
|
1
|
|
2
|
Senior III
|
1
|
SENIOR OFFICER
Grade
|
Year
|
1
|
1
|
|
2
|
2
|
1
|
|
2
|
3
|
1
|
|
2
|
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.