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New South Wales Industrial Relations Commission
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Crown Employees (Department of Industry, Skills and Regional Development) Geoscientists Award
  
Date12/20/2019
Volume385
Part4
Page No.899
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C8970
CategoryAward
Award Code 262  
Date Posted12/23/2019

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(262)

SERIAL C8970

 

Crown Employees (Department of Industry, Skills and Regional Development) Geoscientists Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(Case No. 284692 of 2018)

 

Before Chief Commissioner Kite

27 November 2018

 

REVIEWED AWARD

 

PART A

 

Clause No.       Subject Matter

 

1.         Title

2.         Definitions

3.         Parties to the Award

4.         Salaries

5.         Progression of Staff

6.         Anti-Discrimination

7.         Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

PART A

 

1.  Title

 

This award shall be known as the Crown Employees (Department of Planning and Environment) Geoscientists Award.

 

2.  Definitions

 

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

 

(b)       "Department" means the Department of Planning and Environment, as specified in Schedule 1, Part 1 of the Government Sector Employment Act 2013.

 

(c)       "Geoscientist" means a staff member who has obtained an Earth Science degree or equivalent requiring a minimum of three years full-time study at a recognised university or tertiary institution, with a major in a Geoscience discipline.

 

(d)       "Industrial Relations Secretary" means the Secretary of the Treasury, as established under the Government Sector Employment Act 2013.

 

(e)       "Secretary" means the Secretary of the Department of Planning and Environment.

 

(f)       "Service" means continuous service.

 

(g)       "Staff member" means and includes all persons assigned to an ongoing full time, ongoing part time or temporary role under the provisions of the Government Sector Employment Act 2013.

 

3.  Parties to the Award

 

The parties to this award are the Industrial Relations Secretary and the Association.

 

4.  Salaries

 

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 PART B, Monetary Rates, Table 1 - Salaries, are subject to the rates as set by the Crown Employees (Public Sector - Salaries 2018) Award or any award replacing it.

 

5.  Progression of Staff

 

Progression of staff members from Grade I to Grade II in this award will be subject to:

 

(a)       completion of 12 months satisfactory service on the maximum salary for Grade I; and

 

(b)       the staff member having demonstrated a capacity to undertake geo-scientific investigations involving a degree of originality and independence or to perform work of an equivalent importance or value.

 

The promotion of staff members beyond Geoscientist Grade II will be subject to: the occurrence of a vacancy.

 

6.  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 and 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 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 this 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".

 

7.  Area, Incidence and Duration

 

(a)       This award shall apply to all staff members employed by the Department of Planning and Environment as defined in clause 2, Definitions, of this Award.

 

(b)       Staff members are entitled to the conditions of employment provided by this Award and by the provisions in the following:

 

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009

 

Crown Employees (Public Sector - Salaries 2018) Award; or

 

any replacement award, except where specifically varied by this award.

 

(c)       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 the New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 27 November 2018.

 

(d)       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 - Salaries

 

The salaries set out below, shall apply from the beginning of the first pay period on or after 1 July 2018. 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 PART B, Monetary Rates, Table 1 - Salaries, are subject to the rates as set by the Crown Employees (Public Sector - Salaries 2018) Award or any award replacing it.

 

Classification and Grades

Common Salary Point

Per annum

 

 

First full pay period on or after 1 July2018

 

 

(2.5% increase)

 

 

$

Geoscientists

 

 

Grade I

 

 

1st year of service

47

63,863

2nd year of service

51

66,198

3rd year of service

57

69,962

4th year of service

64

75,055

5th year of service

71

80,396

6th year of service and thereafter

77

85,043

Grade II

 

 

1st year of service

82

89,406

2nd year of service

85

92,026

3rd year of service

89

95,736

4th year of service and thereafter

94

100,624

Senior

 

 

1st year of service

97

103,783

2nd year of service

99

105,925

3rd year of service

102

109,078

4th year of service and thereafter

105

112,212

Principal

 

 

1st year of service

111

119,061

2nd year of service and thereafter

114

122,537

Assistant Director, Geological Survey

 

 

1st year of service

119

128,857

2nd year of service

124

135,444

3rd year of service and thereafter

128

141,338

 

 

 

P. M. KITE , Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

 

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