Crown Employees (NSW Department of Justice) -
Museum of Applied Arts and Sciences Electrical Preparators Award 2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Industrial Relations Secretary.
(Case No. 203406 of 2019)
Before Chief Commissioner Kite
|
4 July 2019
|
AWARD
Index
PART A
Clause No. Subject Matter
1. Title
2. Parties
3. Definitions
4. Intention
5. Wage
Rates
6. General
Conditions of Employment
7. Consultative
Committee
8. Grievance
and Dispute Handling Procedures
9. Classification
Standards
10. Anti-Discrimination
11. Area
Incidence and Duration
12. Savings and
Rights
13. No Extra
Claims
PART B
MONETARY RATES
Table 1 - Rates of Pay
PART A
1. Title
1.1 This Award shall
be known as the "Crown Employees (NSW Department of Justice) - Museum of
Applied Arts and Sciences Electrical Preparators Award 2019.
2. Parties
2.1 This Award has
been made between the following parties:
The Industrial Relations Secretary
Electrical Trades Union of Australia, NSW Branch
3. Definitions
"Act" means the Government Sector Employment Act 2013.
"Conditions Award" means the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
"Department" means the NSW Department of Justice.
"Department Head" means the Secretary of the NSW
Department of Justice.
"-Industrial Relations Secretary" means the
Secretary of Department of Premier and Cabinet as defined in s49 of the Act.
"Operative Date" means the date on which this
Award is made by the Industrial Relations Commission of New South Wales and
becomes legally binding on the parties.
"Staff" means and includes all persons in ongoing
employment or temporarily employed under the provisions of the Government Sector Employment Act 2013,
and who, as at the operative date of this Award were occupying one of the roles
covered by this Award, or who, after that date, are appointed to or employed in
one of such roles.
"Supervision" means, in addition to normal
supervisory responsibilities, the assessment, evaluation and training of staff.
"Union" means the Electrical Trades Union of
Australia, NSW Branch.
4. Intention
4.1 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.
4.2 The Award will
help facilitate the processes necessary to enhance the productivity of the
organisation and provide a better return to the organisation, the staff, and
the community.
5. Wage Rates
5.1 The wage rates paid
to staff covered by this Award are specified in Part B Table 1 - Rates of Pay,
of Part B, Monetary Rates.
5.2 These rates will
move in accordance with the Crown Employees Wages Staff (Rates of Pay) Award
2019 as varied or any replacement award.
6. General Conditions
of Employment
6.1 Conditions of
employment are regulated by the Government Sector Employment Act 2013 and its
Regulations and Rules.
6.2 Conditions
provided by this Award are:
6.2.1 The ordinary
working hours shall be an average of thirty-five per week.
6.2.2 All allowances
previously paid to staff covered by this Award, including the Licence
Allowance, Tool Allowance and Leading Hand Allowance, are to be rolled into
salary.
6.2.3 As from the date
of effect of this Award, staff covered by this Award shall not be required to
provide their own tools.
6.2.4 Employees will be
entitled to an additional holiday on a working day nominated by the Department
Head 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 2019.
6.3 Conditions
provided by other Awards
6.3.1 Conditions of
employment not regulated by this clause shall be covered by the Crown Employees
(Skilled Trades) Award 2019 except for Overtime, Travelling Compensation and
Excess Travelling Time for which provisions of the Conditions Award shall apply
and;
6.3.2 Any other
conditions not regulated by this Award or the Crown Employees (Skilled Trades)
Award 2018 shall be provided by the Conditions Award as varied.
6.4 Where there is
any inconsistency between this Award, the Crown Employees (Skilled Trades)
Award 2018 and the Conditions Award this Award shall prevail to the extent of
the inconsistency.
6.5 Flexible Working
Hours
Flexible Working Hours: The Museum of Applied Arts and
Sciences Flexible Working Hours Agreement of 1999 shall govern the employees
covered under this award in terms of the hours of duty and flexible working
hours.
6.6. Union Deduction
Subject to a staff member making written authorisation,
the Department shall deduct from the staff member’s pay, subscriptions payable
to a nominated industrial organisation of employees (Union) and shall pay the
deducted subscriptions to such an organisation.
7. Consultative
Committee
7.1 The Museum of
Applied Arts and Sciences ETU/Management Consultative Committee shall monitor
the implementation of this Award and make, during its period of operation,
recommendations to the Secretary of the Museum of Applied Arts and Sciences
with regard to any matters regarding the implementation of this Award.
7.2 The
ETU/Management Consultative 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.
7.3 Should the
parties to the ETU/Management Consultative Committee fail to reach agreement on
any matter the Dispute Resolution Procedures outlined in Clause 8 will be followed.
8. Grievance and
Disputes Settling Procedures
8.1 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 appropriate
Department, if required.
8.2 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.
8.3 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 Department Head or delegate.
8.4 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.
8.5 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 Department
Head.
8.6 The Department
Head may refer the matter to the Industrial Relations Secretary for
consideration.
8.7 If the matter
remains unresolved, the Department Head 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.
8.8 A staff member,
at any stage, may request to be represented by the Association.
8.9 The staff member
or the Association on their behalf or the Department Head may refer the matter
to the Industrial Relations Commission of NSW if the matter is unresolved
following the use of these procedures.
8.10 The staff member,
Association, Department and Industrial Relations Secretary shall agree to be
bound by any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
8.11 Whilst the
procedures outlined in subclauses 8.1 to 8.10 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 work health and safety, if practicable, normal work shall
proceed in a manner which avoids any risk to the health and safety of any staff
member or member of the public.
9. Classification
Standards
9.1 A role falling
within the scope of this Award shall have assigned to it a classification level
determined in accordance with the classification standards detailed below. Progression in each level is detailed below.
9.1.1 Electrical
Preparator Grade 1: There are three salary levels for incremental progression.
Progression will be determined by satisfactory performance and satisfactory
attendance after 12 months at each level.
9.1.2 Electrical
Preparator Grade 2: There is a soft barrier from Grade 1. Progression will be
determined by satisfactory attendance after 12 months at the Year 3 level of
Grade 1, availability of work at the higher level of duties as specified in the
role description and satisfactory performance of the higher level of duties.
Approval for progression will be in accordance with the Museum of Applied Arts
and Sciences’ Delegation Manual. There are 2 salary levels in Grade 2.
Progression will be determined by satisfactory performance and satisfactory
attendance after 12 months at each level.
9.1.3 Senior Electrical
Preparator: This is a promotional role and there are two levels in this
classification. Progression will be determined by satisfactory performance and
satisfactory attendance after 12 months at each level.
10.
Anti-Discrimination
10.1 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.
10.2 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.
10.3 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.
10.4 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.
10.5 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
staff members 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."
11. Area Incidence and
Duration
11.1 This Award
applies to all staff of the Museum of Applied Arts and Sciences who are
currently employed in the classifications defined in Part B, Table 1 of the
Crown Employees (Skilled Trades) Award 2019.
11.2 This Award
rescinds and replaces the Crown Employees (NSW Department of Planning and
Environment) - Museum of Applied Arts and Sciences Electrical Preparators Award
2018 published 29 March 2019 (384 I.G. 1) and all variations thereof.
11.3 This award has a
nominal term of 12 months from 1 July 2019 with any increases to pay and work
related allowances effective from the first full pay period on or after 1 July
2019.
12. Savings and Rights
12.1 At the time of
making this Award, no person 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.
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 2020 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.
PART B
MONETARY RATES
Table 1 - Rates of Pay
|
Pay Rates
|
Pay Rates from
first full
|
|
as at
|
pay period on or
after
|
|
1/7/2019
|
1/7/2019
|
|
$
|
$
|
Grade 1
|
|
|
1st Year
|
62,670.00
|
64,237.00
|
2nd Year
|
64,393.00
|
66,003.00
|
3rd Year
|
66,197.00
|
67,852.00
|
Grade 2
|
|
|
1st Year
|
68,706.00
|
70,424.00
|
2nd Year
|
71,391.00
|
73,176.00
|
Senior Electrical Preparator -
|
|
|
Grade 1
|
|
|
1st Year
|
74,333.00
|
76,191.00
|
2nd Year
|
75,686.00
|
77,578.00
|
P. M. KITE , Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.