Crown Employees (NSW Department of CommunitIES AND
JUSTICE) Residential Centre Support Services Staff Award 2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Department of Family and Community Services.
(Case No. 201268 of 2019)
Before Chief Commissioner Kite
|
5 July 2019
|
AWARD
PART A
Arrangement
Clause No. Subject
Matter
1. Definitions
2. Salaries
3. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
4 School
Based Apprentices
5 Higher
Duties Allowance
6. Hours
7. Roster of
Hours
8. Part-time
Staff Member
9. Conditions
Relating to Payment of Allowances for Work Performed at Weekends
10. Overtime
11. Uniforms
12. Notice Board
13. Recreation
Leave
14. Paid
Special Sick Leave
15. Public
Holidays
16. Meals
17 Association
Representative
18. Settlement
of Disputes
19 Anti-Discrimination
20 Overtime,
Penalty Rates and Part-time Rates
21. General
Conditions of Employment
22. No Extra
Claims
23. Area,
Incidence and Duration
PART B
Schedule A - Rates of Pay
Schedule B - Special Allowances
Schedule C - Allowances
Schedule D - Salary Arrangements of Existing Staff Members,
Services Support Officer
1. Definitions
"Act" means the Government Sector Employment Act 2013and its
Regulations.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Casual Employee" means any employee engaged
pursuant to section 42(c) of the Government
Sector Employment Act 2013 and its Regulations or Rules thereof or as
amended from time to time.
"Chef"
Hunter Residences:
‘Head Chef’ means a food production manager who has
overall responsibility for food preparation and the supervision of other staff
involved in food preparation, timetabling for blast chilling, food banking, despatch and quality assurance in a cook/chill operation.
‘Chef’ means a person responsible for all facets of
food preparation and compliance with quality assurance requirements in a
cook/chill operation.
Metro Residences:
‘Head Chef’ means a person responsible for the overall
food preparation and the supervision of staff involved in food preparation,
requisitioning and storage of stores requires for the food preparation and
serving of meals and quality assurance in a large cook fresh kitchen.
‘Deputy Head Chef’ means a person who assists the Head
Chef in all aspects of food preparation and in the day to day supervision of
staff involved in all aspects of food preparation including cleaning and food
dispatch.
‘Chef’ means a person, other than a Head or Deputy Head
Chef, as defined above, who is involved in all aspects of food preparation in a
large cook fresh kitchen.
Other Residences:
‘Head Chef’ means a person who is responsible for the
overall operations of a kitchen including cooking, cleaning, ordering of
stores, storage of food supplies and supervision of
other staff.
‘Deputy Head Chef’ means a person who assists the Head
Chef in all aspects of food preparation on a day to day basis.
‘Chef’ means a person, other than a Head or Deputy Head
Chef, as defined above, who is involved in all aspects of food preparation.
"Day Worker" means a worker who works his/her
ordinary hours from Monday to Friday, inclusive, and who commences work on such
days at or after 6.00 a.m. and before 10.00 a.m. otherwise than as part of a
shift system.
"Department" means the Department of Communities
and Justice.
"Department Head" means the Secretary of the
Department of Communities and Justice.
"Large Residential Centre" or "LRC"
means a Centre operated by the Department where direct care services are
provided to developmental disability clients in other than a Community
Residential Centre.
"Service" means continuous years of service.
Future appointees shall be deemed to have the years of service indicated by the
salaries at which they are appointed.
"Shift Worker" means a worker who is not a day
worker as defined.
"Services Support Officer" -
"Services Support Officer, Grade 1" means a staff
member appointed as such who is required to perform any or all of the following
duties: general cleaning duties and other duties of a household-chore type,
laundry duties using domestic machinery, and seamstress duties.
"Services Support Officer, Grade 2" means a staff
member appointed as such who is required to perform, in addition to the duties
appropriate to a Services Support Officer Grade 1, any or all of the following
duties: high cleaning, outside cleaning, stripping and/or sealing of floors,
operation of industrial/commercial type washing machines, sanitising of
equipment, the cooking and/or preparing of light refreshments (e.g., eggs,
toast, salads), making unoccupied beds.
"Services Support Officer, Grade 3" means a staff member appointed as such who is required to perform duties
associated with maintaining a stores or supplies area, or undertake
handyman type duties or regularly assisting trades staff.
"Staff member" means a staff member or temporary employee
as defined in the Act and, unless otherwise specified in this award, includes
both full-time and part-time staff.
2. Salaries
Rates of pay and allowances payable to staff members
employed under this award shall be those as set out in Part B of this award,
which reflect an increase of 2.5% to salaries and salary related expenses from
the commencement of the first full pay period on or after 1 July 2019.
Staff members employed in a position covered by the
classification of Services Support Officer and who were in receipt of salaries
other than those prescribed in Part B, Monetary Rates, for that classification
as at 19 April 1999 shall continue to receive the salaries specified in
Schedule D - Salary Arrangements of Existing Staff Members, Services Support
Officer, of the said Part B.
No future appointments are to be made to the classifications
in Schedule D.
3. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
(1) The entitlement
to salary package in accordance with this clause is available to:
(i) permanent full-time and part-time employees;
(ii) temporary employees, subject to the Department or agency’s
convenience; and
(iii) casual employees, subject to the Department or agency’s
convenience, and limited to salary sacrifice to superannuation in accordance
with subclause (7).
(2) For the
purposes of this clause:
(i) "salary" means the salary or rate of pay prescribed for
the employee's classification by clause 3, Salaries of this Award, and any
other payment that can be salary packaged in accordance with Australian
taxation law.
(ii) "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.
(3) By mutual
agreement with the Department Head, an employee may elect to package a part or
all of their post compulsory deduction salary in order to obtain:
(i) a benefit or benefits selected from those approved by the
Department Head; and
(ii) an amount equal
to the difference between the employee’s salary, and the amount specified by
the Department Head for the benefit provided to or in respect of the employee
in accordance with such agreement.
(4) An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
(5) The agreement
shall be known as a Salary Packaging Agreement.
(6) Except in
accordance with sub-clause (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 Department Head at the time of signing the Salary Packaging
Agreement.
(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:
(i) paid into the superannuation fund established under the First State Superannuation Act 1992; or
(ii) where the employer is making compulsory employer
superannuation contributions to another complying superannuation fund, paid
into the same complying fund; or
(iii) subject to the Department or agency’s agreement, paid into
another complying superannuation fund.
(8) Where the
employee makes an election to salary sacrifice, the employer shall pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
(9) Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
(i) Police Regulation (Superannuation) Act
1906;
(ii) Superannuation Act 1916;
(iii) State Authorities Superannuation Act
1987; or
(iv) State Authorities Non-contributory
Superannuation Act 1987, the employee’s Department or agency 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.
(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 (9) of this clause, the employee’s Department or agency
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 Department or agency
may be in excess of superannuation guarantee requirements after the salary
packaging is implemented.
(11) Where the
employee makes an election to salary package:
(i) 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
(ii) 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 3, Salaries of this Award if the Salary Packaging
Agreement had not been entered into.
(12) The Department
Head may vary the range and type of benefits available from time to time
following discussion with the Association. Such variations shall apply to any
existing or future Salary Packaging Agreement from date of such variation.
(13) The Department
Head will determine from time to time the value of the benefits provided
following discussion with the Association. 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.
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 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.
(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. Higher Duties
Allowance
(i) The
provisions relating to Temporary Assignment Allowance from the Government Sector Employment Act 2013
will apply.
(ii) In instances
where staff members are required to perform the duties of a higher
classification for less than 5 consecutive days:
(a) For a minimum
of a full shift.
(b) In a position
which management assess as essential for the operation of the facility and
maintenance of direct client services.
Such assessment is to be made on an incident basis.
The staff member shall be paid an allowance at the rate
equivalent to the difference between the staff member’s salary and the minimum
rate applicable to the higher classification for such time so spent on a daily, or full shift basis.
(iii) This clause
shall not apply when an employee in a higher grade is absent from duty by
reason of his/her allocated day off duty as a consequence of working a 38 hour
week.
(iv) A
Services Support Officer, Grade 1 or Grade 2, called upon to work as a Chef
shall:
(a) be paid an
allowance at the rate for "Chef", appropriate to the location of the
LRC for the whole day where the period of relief is for four hours or more;
(b) be paid an
allowance at the rate for "Chef", appropriate to the location of the
LRC for the actual period of relief where such period exceeds one hour but is
less than four hours;
(c) not be paid any allowance where the period of relief is for
one hour or less.
6. Hours
(i) The
ordinary hours of work for day workers, exclusive of meal times, shall be 152
hours per 28 calendar days to be worked Monday to Friday, inclusive, and to
commence on such days at or after 6.00 a.m. and before 10.00 a.m. Any positions
that operate under a 35-hour week prior to the making of this award will remain
as such under this award.
(ii) The ordinary
hours of work for shift workers, exclusive of meal times, shall not exceed 152
hours per 28 calendar days or an average of 38 hours per week in each roster
cycle.
(iii) Each day worker
shall be free from duty for not less than two full days in each week and each
shift worker shall be free from duty for not less than two full days in each
week or four full days in each fortnight. Where practicable, such rostered days
off duty shall be consecutive.
(iv) The
hours of work prescribed in subclauses (i), (ii) and
(iii) of this clause shall be arranged to allow variable working hours in each
roster cycle of 28 days to ensure that each staff member shall work his or her
ordinary hours of work on not more than 19 days in the cycle.
The hours worked on each of those days shall be
arranged to include a proportion of one hour (such proportion shall be on the
basis of 0.4 of one hour for each eight-hour shift worked, and 0.5 of one hour
for each ten-hour shift worked), which shall accumulate towards the staff
member’s allocated day off duty on pay.
(v) Each staff
member shall be entitled to 12 allocated days off per annum.
(vi) The staff
member’s allocated day off duty, prescribed in subclause (iv)
of this clause, shall be determined having regard to the needs of the LRC
thereof. Where practicable, such allocated day off duty shall be consecutive
with the rostered days off duty prescribed by subclause (iii) of this clause.
(vii) Once set, the
allocated day off duty may not be changed in a current cycle unless there are
genuine unforeseen circumstances prevailing. Where such circumstances exist and
the allocated day off duty is changed, another day shall be substituted in the
current cycle. Should this not be practicable, the day must be given and taken
in the next cycle immediately following.
(viii) There shall be
no accrual of credit towards an allocated day off duty for ordinary recreation
leave taken in accordance with clause 14, Recreation Leave. However, where a
staff member has accumulated sufficient time to take his/her allocated day off
duty prior to entering on recreation leave, and that day would have been taken
if the staff member had not gone on recreation leave, it shall be allowed to
the staff member on the first working day immediately following the period of
leave.
Where a staff member has not accumulated sufficient time
for an allocated day off duty prior to entering on recreation leave, time in
credit shall count towards taking the next allocated day off duty falling in
sequence, after the staff member has returned to duty.
(ix) A staff member
entitled to allocated days off duty, in accordance with subclause (iv) of this clause, shall continue to accumulate credit
towards his/her allocated day off duty whilst on sick leave. Where a staff
member’s allocated day off duty falls during a period of sick leave, the staff member’s
available sick leave shall not be debited for that day.
(x) Where a staff
member’s allocated day off duty falls due during a period of workers'
compensation, the staff member on returning to duty, shall be given the next
allocated day off in sequence.
(xi) Where a staff
members allocated day off duty falls on a public holiday as prescribed by
clause 15, Public Holidays, the next working day shall be taken in lieu
thereof.
(xii) All time between
the rostered starting and ceasing times each day shall be paid for as working
time, other than for one rostered meal break of no less than 30 minutes and no
more than one hour. Provided that in any cases where the employer determines
that the needs of the residents are such that staff members cannot be permitted
to leave the employer's premises during any meal break, any time allowed for
the partaking of a meal on the employer's premises shall be regarded as working
time.
(xiii) A period of 20
minutes shall be allowed to staff members for a morning or afternoon tea break
and such period shall be included in the ordinary hours of work. Time taken for
such breaks shall be without interruption to service.
(xiv) There shall be a
minimum break of eight hours between ordinary rostered shifts or a break equal
in length to the shift previously worked, whichever is greater.
(xv) The ordinary
hours of work for a part-time staff member will be a specified number of hours
which are less than those prescribed for a full-time staff member in subclauses
(ii) and (iv) of this clause, with a minimum of three consecutive hours. The
specified number of hours may be balanced over a week or fortnight, provided
that the average weekly hours worked shall be deemed to be the specified number
of hours for the purposes of accrual of leave provided for by this award. Provided further that there shall be no interruption to the
continuity of employment merely by reason of a staff member working on a
"week-on, week-off" basis in accordance with this subclause.
7. Roster of Hours
(i) The
ordinary hours of work for each staff member shall be displayed on a roster in
a place conveniently accessible to staff members. Where reasonably practicable,
such roster shall be displayed two weeks, but in any case at least one week,
prior to the commencing date of the first working period in any roster.
Provided, that this provision shall not make it
obligatory for the Department to display any roster of ordinary hours of work
of members of the relieving staff.
Provided further, that a roster may be altered at any
time to enable the operation of the LRC to be carried on where another staff
member is absent from duty on account of illness or in an emergency, but where
any such alteration involves a staff member working on a day which would have
been their rostered day off, such time worked shall be paid for at overtime
rates.
Furthermore, where a change in roster occurs with less
than 24 hours notice to the staff member affected,
all time worked outside that shown on the staff member’s roster (prior to the
alteration) shall be paid for at overtime rates.
(ii) Rosters
providing for shift work at a location that is normally a day-work operation
shall not be introduced until such time as the proposals relating thereto are
conveyed to the Department for its approval and the opportunity has been given
to the Association to discuss the matter with the Department and the LRC
concerned.
(iii) The additional
allocated days off duty in accordance with clause 6, Hours, are to be shown on the
roster of hours for each staff member.
(iv) Any
change in the displayed roster must be notified verbally or in writing to the
staff member concerned.
(v) The working of
more than seven consecutive shifts by staff members is prohibited except where
a staff member makes a special request which is agreed to by the Department.
8. Part-Time Staff
Members
(i) A
part-time staff member is one who is permanently appointed to work a specified
number of hours, which are less than the full-time hours, per week.
(ii) Staff members
engaged pursuant to subclause (i) of this clause
shall be paid an hourly rate calculated on the basis of one thirty-eighth of
the appropriate rate prescribed in this award, with a minimum of three hours
for each start.
In an emergency a part-time staff member may be allowed
to work more than their specified number of hours and up to the specified
full-time hours for the position and in such case will be paid for the hours
actually worked at a rate calculated in accordance with subclause (ii) of this
clause, plus 4/48ths in lieu of recreation leave for each additional hour
worked.
Part-time staff members are entitled to payment of
overtime in accordance with the provisions of clause 10, Overtime.
(iii) Part-time staff
members shall be entitled to all other benefits of this award not otherwise
expressly provided for herein in the same proportion as their ordinary hours of
work bear to full-time hours.
9. Conditions Relating
to Payment of Allowances for Work Performed at Weekends
(i) In
addition to the rates prescribed by Rate of Pays in Part B, staff members
included in Schedule A - Rates of Pay, shall be paid
for all time other than overtime worked:
(a)
(1) on afternoon shift commencing at or after 10.00 a.m. and
before 1.00 p.m., at the rate of ten per cent extra;
(2) on afternoon shift commencing at or after 1.00 p.m. and
before 4.00 p.m., at the rate of 12.5 per cent extra;
(3) on night shift commencing at or after 4.00 p.m. and before
4.00 a.m., at the rate of 15 per cent extra;
(4) on night shift commencing at or after 4.00 a.m. and before
6.00 a.m., at the rate of ten per cent extra;
(b)
(1) between midnight Friday and midnight Saturday, at the rate
of half time extra;
(2) between midnight Saturday and midnight Sunday, at the rate
of three quarter time extra;
provided that these weekend
rates shall be in substitution for and not cumulative upon the shift premiums
prescribed in the preceding paragraph (a) of this subclause.
(ii) In calculating
overtime rates, the allowances referred to in subclause (i)
of this clause shall be disregarded.
10. Overtime
(i) Overtime
shall be paid at the rate of time and one half for the first two hours and
double time thereafter in respect of each overtime shift worked or in respect
of overtime worked prior to or at the conclusion of a normal shift. Provided
that all overtime worked on Sundays shall be paid for at the rate of double
time and on public holidays at the rate of double time and one half.
(ii) A staff member
recalled to work overtime after leaving the employer's premises (where notified
before or after leaving the premises) shall be paid for a minimum of four
hours' work at the appropriate rate for each time he/she is so recalled;
provided that, except in the case of unforeseen circumstances arising, staff
members shall not be required to work the full four hours if the job he/she was
recalled to perform is completed within a shorter period. This subclause shall
not apply in cases where it is customary for a staff member to return to
his/her employer's premises to perform a specific job outside his/her ordinary
working hours or where the overtime is continuous (subject to a reasonable meal
break) with the completion or commencement of ordinary working time.
(iii) When overtime
work is necessary it shall be so arranged that staff members have at least
eight consecutive hours off duty between the work on successive days or shifts.
(iv) When a staff
member works overtime as an extension of shift and ceases work at a time when
reasonable means of transport are not available, he/she shall be paid at
ordinary rates for the time reasonably spent travelling from the LRC to the
staff member's home, with a maximum payment of one hour.
This subclause shall not apply in the case of a call back nor
where the staff member has his/her own vehicle available for conveyance home.
(v)
(a) All time worked
by part-time staff members in excess of the rostered daily ordinary hours of work
prescribed for the majority of full-time staff members employed on that shift
in the unit concerned, or, where there is no such majority of full-time staff
members employed on that shift in the LRC concerned, all time in excess of
eight hours per day, shall be paid for at the applicable overtime rates.
(b) Time worked up
to the rostered daily ordinary hours of work prescribed for a majority of the
full-time staff members employed on that shift in the unit concerned shall not
be regarded as overtime but an extension of the contract hours for that day and
shall be paid at the ordinary rate of pay.
(c) All time worked
by part-time staff members in excess of the hours prescribed for a full-time
staff member in clause 6 Hours, shall be
paid for at overtime rates.
(vi) Subject
to subclause (vii) of this clause a staff member may be directed by the
Department Head to work overtime.
(vii) A staff member
may refuse to work overtime where the working of such overtime would result in
the staff member working hours which are unreasonable.
(viii) For the purpose
of subclause (vii) of this clause, what is unreasonable or otherwise will be
determined having regard to;
(a) any risk to staff member’s health and safety;
(b) the staff member’s personal circumstances including any
family and carer responsibilities, community obligations or study arrangements;
(c) the urgency of the work required to be performed, the impact
on operational commitments and the effect on client services;
(d) the notice (if any) given by the employer of the overtime
and by the staff member of his or her intention to refuse it; and
(e) any other relevant matter.
11. Uniforms
(i) Sufficient
serviceable uniforms or overalls shall be supplied, free of cost, to each staff
member required to wear them; provided that any staff member to whom a new
uniform or part thereof has been supplied by the Department who, without good
reason, fails to return the corresponding article last supplied, shall not be
entitled to have such article replaced without payment therefore at a
reasonable price.
(ii) A staff member
on leaving the Department shall return any uniform or part thereof supplied by
the Department which is still in use by that staff member immediately prior to
leaving.
(iii) If the uniform of
a staff member is not laundered at the expense of the Department, an allowance,
as prescribed in Schedule B - Special Allowances, of Part B of this award,
shall be paid to such staff member .
(iv) The
allowance referred to in subclause (iii) of this clause is payable to full-time
and part-time staff members but shall not be payable to casual employees.
(v) Each staff
member whose duties require them to work in rain shall be supplied with
suitable protective clothing, where necessary.
(vi) Each
staff member whose duties require them to work in a hazardous situation with or
near machinery shall be supplied with appropriate protective clothing and
equipment.
12. Notice Board
The LRC shall permit a notice board of reasonable dimensions
to be erected in a prominent position upon which the Association
representatives shall be permitted to post Association notices.
13. Recreation Leave
(i) All
staff members are entitled to four weeks leave per
annum.
(ii)
(a) Full-time and
part-time staff members who are rostered to work their ordinary hours on
Sundays and/or public holidays during a qualifying period of employment for
recreation leave purposes shall be entitled to receive additional recreation
leave as follows:
Number of ordinary shifts
worked on Sundays and/or Public Holidays during qualifying period
|
Additional
Recreation Leave
|
of employment for
Recreation Leave purposes
|
|
4 to 10
|
1 day
|
11 to 17
|
2 days
|
18 to 24
|
3 days
|
25 to 31
|
4 days
|
32 or more
|
5 days
|
For part-time staff members, the "days"
referred to in the above table will be equivalent to their pro rata contracted
hours.
Provided that a staff member entitled to additional recreation
leave by virtue of this subclause, may elect to be paid an amount equivalent to
the value of their additional leave entitlement, in lieu of taking the
additional leave. Such election is to be made in writing by the staff member at
the commencement of each year of employment and is irrevocable during the
currency of that year of employment.
(b) Provided
further that on termination of employment staff members shall be entitled to payment
for any untaken recreation leave due under this subclause, together with
payment for any untaken leave in respect of an incomplete year of employment,
calculated in accordance with this subclause.
(iii) A shift worker,
as defined in clause 1, Definitions, shall be paid whilst on recreation leave
their ordinary pay plus shift allowances and weekend penalties relating to
ordinary time the shift worker would have worked if they had not been on
recreation leave.
Provided that shift allowances and weekend penalties
shall not be payable for public holidays which occur during a period of
recreation leave or for days which have been added to recreation leave in
accordance with the provisions of clause 15, Public Holidays.
(iv) Staff members
shall be entitled to an annual leave loading of 17.5 per cent or shift
penalties as set out in subclause (iv) of this clause,
whichever is the greater, on up to four weeks recreation leave for non-shift
workers and up to five weeks recreation leave for shift workers.
Payment of the annual leave loading will be on the
first occasion a staff member takes two consecutive weeks leave for recreation
purposes.
Such leave may be a combination of recreation leave,
public holidays, extended leave (long service leave), leave without pay and
rostered days off.
14. Paid Special Sick
Leave
(1) Paid special
sick leave shall be granted by the Department if an employee satisfies the
following criteria:
(i) has ten or more years of service
(ii) has been or will be absent for a period of at least three
months; and
(iii) has exhausted or will exhaust, all sick leave entitlements.
(2) Paid sick leave
will be granted in accordance with the following table:
Completed years
|
Number of working
days
|
of service
|
|
|
5 day week
|
6 day week
|
7 day week
|
10
|
22
|
26
|
30
|
20
|
44
|
52
|
60
|
30
|
66
|
78
|
90
|
40
|
88
|
104
|
120
|
50
|
110
|
150
|
150
|
15. Public Holidays
(i)
(a) Public holidays
shall be allowed to staff members on full pay. Except as otherwise provided in
this subclause, where a staff member is required to and does work on any of the
holidays as set out in this subclause, whether for a full shift or not, the
staff member shall be paid at time and a half extra for the ordinary rostered
hours of duty on that day. Such payment is to be in lieu of weekend or shift
allowances which would otherwise be payable had the day not been a public
holiday.
Provided that, if the staff member so elects, he/she
may be paid at half time extra for the ordinary rostered hours and have one day
added to his/her period of recreation leave for each public holiday worked in
lieu of the provisions of the preceding paragraph.
Provided further that where a staff member is rostered
for a shift which crosses midnight on a public holiday and the total rostered
hours on the public holiday are less than the equivalent of a full shift, the
shift will be deemed to have been worked on the day on which the majority of
time was actually worked.
(b) For the purpose
of this clause, the following shall be deemed to be public holidays: New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, Local Labour Day, Christmas Day, Boxing Day and any other day
duly proclaimed and observed as a public holiday as gazetted in the State of
New South Wales.
(c) Shift workers
rostered off duty on a public holiday shall:
(1) be paid one day's
pay, 7.6 hours in the case of 38-hour week workers, in addition to the weekly
rate; or, if the staff member so elects,
(2) have one day added to the staff member’s period of
recreation leave.
(d) The election
referred to in paragraphs (a) and (c) of this subclause is to be made in
writing by the staff member at the commencement of each year of employment and
is irrevocable during the currency of that year of employment.
(ii) In addition to
those public holidays specified in paragraph (b) of subclause (i) of this clause, staff members shall be entitled to an
extra public holiday each year.
Such public holiday will occur on a date which is
agreed upon between the Association and the Department and shall be regarded
for all purposes of this clause as any other public holiday.
The foregoing will not apply in areas where, in each
year, a day in addition to the ten named public holidays specified in paragraph
(b) of subclause (i) of this clause is proclaimed and
observed as a public holiday, and will not apply in areas where, in each year,
at least two half days in addition to the ten named public holidays are
proclaimed and observed as half public holidays.
Provided, further, that in areas where in each year
only one half day, in addition to the ten named public holidays, is proclaimed
and observed as a half public holiday, for the purposes of this award, the
whole day will be regarded as a public holiday and no additional public holiday
which would otherwise apply, as a result of this subclause, will be observed.
(iii) Part-time staff
members who are employed regularly each week shall be entitled to the
provisions of subclauses (i) and (ii) of this clause
for public holidays which fall on the days which they would normally be
required to work. Provided that if such a staff member is required to and does
work on a public holiday as defined in the said subclauses (i)
and (ii), the staff member shall be paid at the rate of double time and
one-half.
16. Meals
(i) Time
not exceeding one hour and not less than 30 minutes shall be allowed for each
meal; provided that, where a staff member is called upon to work for any
portion of the meal break, such time shall count as ordinary working time.
(ii) A staff member
required to work overtime following on the completion of his or her normal
shift for more than two hours shall be allowed 20 minutes for the partaking of
a meal and a further 20 minutes after each subsequent four hours' overtime, and
all such time shall be counted as time worked.
(iii) A staff member
recalled to work overtime after leaving the employer's premises and who is
required to work for more than four hours shall be allowed 20 minutes for the
partaking of a meal and a further 20 minutes after each subsequent four hours'
overtime, and all such time shall be counted as time worked.
(iv) The
meals referred to in subclauses (ii) and (iii) of this clause shall be allowed
to the staff member free of charge. Where the Department is unable to provide
such meals, a meal allowance will be paid in accordance with the allowance
rates given in, and varied from time to time, the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009.
(v) Where a staff
member is required to work an overtime shift on his or her rostered day off, or
on a shift changed in accordance with clause7, Roster of Hours, the appropriate
meal breaks for that shift, as prescribed in subclause (i)
of this clause, shall apply.
(vi) Where
practicable, staff members shall not be required to work more than five hours without
a meal break.
17. Association
Representative
A staff member appointed Association representative shall,
upon notification thereof in writing to the Manager, be recognised as the
accredited representative of the Association and shall be allowed the necessary
time during working hours to interview the employer and staff members on
matters affecting staff members
18. Settlement of
Disputes
(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 appropriate department, if required.
(ii) 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.
(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 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.
(iv) The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two 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 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 working days or as soon as
practicable. This sequence of reference to successive levels of management may
be pursued by the staff member until the matter is referred to the Department
Head.
(vi) The
Department Head may refer the matter to the Department’s Human Resources or
Industrial Relations Branch for consideration.
(vii) If the matter
remains unresolved, the Department 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.
(viii) A staff member,
at any stage, may request to be represented by their union.
(ix) The staff
member, or the Association on their behalf, or the Department Head may refer
the matter to the Industrial Relations Commission of New South Wales if the
matter is unresolved following the use of these procedures.
(x) The staff
member, the Association and the Department shall agree to be bound by any order
or determination by the Industrial Relations Commission of New South Wales in
relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) 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.
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.
Notes -
(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. Overtime, Penalty
Rates and Part-Time Rates
For the purpose of calculating overtime payments, penalty rates
and part-time rates the hourly rate of pay shall be determined by dividing the
weekly equivalent of the relevant annual salary by one thirty-eighth.
21. General Conditions
of Employment
It is the intention of the parties to this Award that all
other conditions not specified in this Award will be in accordance with the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009
or any replacement award; the NSW Government Employment Portal; Government Sector Employment Act 2013
and its Regulation and Rules.
22. No Extra Claims
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.
23. Area, Incidence
and Duration
This award shall apply to persons employed in the
classifications contained in Part B of this award
This Award rescinds and
replaces the Crown Employees (New South Wales Department of Family and Community Services)
Residential Centre Support Services Staff Award 2018 published 2 August 2019
(384 I.G. 769) (and all variations thereof.
This award shall commence from 1 July 2019 and remain in
force until 30 June 2020.
Part B
SCHEDULE A - RATES OF PAY
|
1.7.18
|
1.7.19
|
Classification
|
Per annum
|
Per annum
|
|
$
|
$
|
Transport Driver -
|
Up to 2,950 kilograms
|
51,767
|
53061
|
Over 2,950 kilos & up to 4,650 kilos*
|
52,189
|
53494
|
Over 4,650 kilos & up to 7700 kilos*
|
52,632
|
53948
|
Over 7,700 kilos & up to 10,800 kilos*
|
53,169
|
54498
|
Over 10,800 kilos & up to 12,350 kilos*
|
53,628
|
54969
|
Over 12,350 kilos & up to 15,500 kilos*
|
54,052
|
55403
|
Over 15,500 kilos & up to 21,000 kilos*
|
54,582
|
55947
|
Over 21,000 kilos & up to 22,450 kilos*
|
55,030
|
56406
|
*Manufacturer's Gross Vehicle Mass
|
Extra Hand
|
51,767
|
53061
|
Services Support Officer -
|
Grade 1
|
47,567
|
48756
|
Grade 2
|
48,847
|
50068
|
Grade 3
|
50,440
|
51701
|
Apprentice Cook -
|
1st six months (50%)
|
25,885
|
26532
|
2nd six months (70%)
|
36,238
|
37144
|
3rd six months (80%)
|
41,413
|
42448
|
4th six months (85%)
|
44,003
|
45103
|
5th six months (90%)
|
46,590
|
47755
|
6th six months (95%)
|
49,178
|
50407
|
Hunter Residences -
|
Head Chef
|
69,895
|
71642
|
Chef
|
61,877
|
63424
|
Metro Residences -
|
Head Chef
|
56,395
|
57805
|
Deputy Head Chef
|
54,052
|
55403
|
Chef
|
53,169
|
54498
|
Other Residences -
|
|
|
Head Chef
|
54,052
|
55403
|
Deputy Head Chef
|
53,169
|
54498
|
Chef
|
51,767
|
53061
|
Outdoor Attendant Sewerage Works - Peat Island
|
54,052
|
55403
|
Gardener (Tradesperson)
|
57,094
|
58521
|
Gardener (non-Tradesperson)
|
53,628
|
54969
|
Instructor Woodwork -
|
Without Qualifications - 1st Year
|
60,366
|
61875
|
Without Qualifications - 2nd Year
|
61,512
|
63050
|
Without Qualifications - Thereafter
|
62,139
|
63692
|
With Qualifications - 1st Year
|
61,975
|
63524
|
With Qualifications - 2nd Year
|
63,231
|
64812
|
With Qualifications - Thereafter
|
63872
|
65469
|
Technical Instructor Without Qualifications -
|
1st Year
|
58,164
|
59618
|
2nd Year
|
58,636
|
60102
|
Thereafter
|
59,301
|
60784
|
Technical Instructor With Qualifications -
|
1st Year
|
60,360
|
61869
|
2nd Year
|
60,808
|
62328
|
Thereafter
|
61,875
|
63422
|
Therapy Aide -
|
1st Year
|
51,355
|
52639
|
2nd Year
|
52,636
|
53952
|
Thereafter
|
54,049
|
55400
|
Supervisor - Linen Distribution -
|
Marsden, Grosvenor
|
52,141
|
53445
|
SCHEDULE B - SPECIAL ALLOWANCES
(i) Services
Support Officers Grade 2 shall receive an additional duties allowance of $16.80
per week for appropriate duties involved in the maintenance and supervision of
swimming pools, pest control duties on a continuing basis, driving tractors
(other than drivers), maintenance of bowling greens and sporting ovals.
(ii) Services
Support Officers Grade 2 regularly required to perform work
on sewerage works and grease traps or other duties considered offensive
by the Department shall be paid an allowance at the rate of 3.40 per week; the
allowance is not automatically adjusted in the future.
(iii) Services
Support Officers Grade 2 required to assist in cleaning sewerage chokages and who are required to assist in opening up any
soil pipe, waste pipe, drain pipe or pump containing sewerage or who are
required to work in a septic tank in operation shall be paid an allowance of
$10.05 per day or part thereof.
(iv) Drivers
and Extra Hands who handle wet and dry garbage shall be paid an allowance of 96
cents per hour. The allowance shall be
payable to Services Support Officers for those periods when they relieve Extra
Hands and are required to handle wet and dry garbage.
(v) Staff members
covered by this award who are required to handle linen of a nauseous nature
(other than in sealed bags) shall be paid an allowance of $4.75 per shift.
(vi) Leading
Hand Allowance - A staff member, who is placed in charge of not less than two
other staff members of substantially similar classification, shall be paid in
accordance with the following:
|
Per Week
|
|
$
|
In charge of 2 to 5 other staff members
|
34.60
|
In charge of 6 to 10 other staff members
|
49.35
|
In charge of 11 to 15 other staff members
|
62.85
|
In charge of 16 to 19 other staff members
|
76.95
|
This allowance will not be payable to those staff members
whose classification and salary includes supervisory responsibilities.
(vii) A Boiler
Attendant required to attend more than one high pressure boiler shall receive
an allowance of $912 per annum.
(viii) Uniform
Allowance - If the uniform of a staff member is not laundered at the expense of
the Department an allowance of $5.90 per week shall be paid to such staff
member.
SCHEDULE C - ALLOWANCES
Staff members shall be paid the following amounts when
working in situations where the conditions encountered are not normally
encountered by staff members of that classification:
(i) Cold
Places - Staff members working in places where the temperature is reduced by
artificial means to below 0 degrees Celsius shall be paid .85 cents per hour
extra. Where the work continues for more than two hours, staff members shall be
entitled to a rest period of 20 minutes every two hours without loss of pay.
(ii) Confined Spaces
- Staff members working in a place the dimensions or nature of which
necessitate working in a stooped or cramped position or without sufficient
ventilation shall be paid $1.06 per hour extra.
(iii) Dirty Work -
Work which a supervisor and staff member agree is of a dirty or offensive
nature by comparison with the work normally encountered in the classification
concerned and for which no other special rates are prescribed shall be paid for
by an additional amount at the rate of 85 cents per hour above the rate
prescribed by this award.
(iv) Height
Money - Staff members working at a height of 7.5 metres from the ground, deck,
floor or water shall be paid 85 cents per hour extra and 25 cents per hour
extra for every additional 3 metres. Height shall be calculated where it is
necessary for the staff member to place his/her hands or tools in order to
carry out the work to such ground, floor, deck or water. For the purpose of
this subclause, deck or floor means a substantial structure which, even though
temporary, is sufficient to protect a staff member from falling any further
distance. Water level means, in tidal waters, mean water level. This subclause
shall not apply to staff members working on a suitable scaffold erected in
accordance with the Work Health and
Safety Act 2011.
(v) Hot Places -
Staff members working in the shade in places where the temperature is raised by
artificial means to between 46 degrees Celsius and 54 degrees Celsius shall be
paid 85 cents per hour extra; in places where the temperature exceeds 54
degrees Celsius such staff members shall be paid $1.06 per hour extra. Where
work continues for more than two hours in temperatures exceeding 54 degrees
Celsius, staff members shall also be entitled to 20 minutes' rest after every
two hours work, without deduction of pay. The temperature shall be decided by
the supervisor of the work after consultation with the staff members who claim
the extra rate.
(vi)
(a) Insulation
Material - Staff members working in any room or similar area or in any confined
(unventilated) space where pumice or other recognised insulating material is
being used in insulating work shall be paid .69 cents per hour extra, or, if
the insulating material be silicate, $1.06 per hour extra, whether they are
actually handling such material or not; provided that such insulation material
shall include granulated cork but shall not include cork board or materials
contained in unbroken packages.
(b) Asbestos - A
staff member required to work with any materials containing asbestos or to work
in close proximity to staff members using such materials shall be provided with
and shall use all necessary safeguards as required by the appropriate
occupational health authority and where such safeguards include the mandatory
wearing of protective equipment such staff members shall be paid 85 cents per
hour whilst so engaged.
(vii) Wet Places -
(a)
(1) A staff member
working in a place where water other than rain is falling so that their
clothing shall be appreciably wet and/or water, oil or mud underfoot is
sufficient to saturate their boots shall be paid 85 cent per hour extra;
provided that this extra rate shall not be payable in respect to a staff member
who is provided with suitable and effective protective clothing and/or
footwear. A staff member who becomes entitled to this extra rate shall be paid
such rate for such part of the day or shift as he/she is required to work in
wet clothing or boots.
(2) Where a staff
member is required to work in the rain, he/she shall be paid 85 cent per hour
extra for the time so worked.
(b) A staff member
called upon to work knee-deep in mud or water shall be paid at the rate of
$6.60 per day in addition to ordinary rates of pay prescribed for each day or
portion thereof so worked; provided that this subclause shall not apply to a
staff member who is provided with suitable protective clothing and/or footwear.
(viii) Acid Furnaces,
Stills, etc.- A staff member engaged on the construction or alteration or
repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar
refractory work shall be paid $4.28 per hour. This additional rate shall be
regarded as part of the wage rate for all purposes.
(ix) Depth Money - A
staff member engaged in tunnels, cylinders, caissons, coffer dams and sewer
work and in underground shafts exceeding 3 metres in depth shall be paid 85
cents per hour.
(x) Swinging
Scaffolds -
(a) A staff member
working in a bosun's chair or on a swinging scaffold
shall be paid $6.13 for the first four hours whilst so engaged, thence $1.23
per hour thereafter.
(b) An
staff member shall not raise or lower a bosun's chair
or swinging scaffold alone and an employer shall not require a staff member to
raise or lower a bosun’s chair or swinging scaffold
alone.
(xi) Spray
Application - A staff member engaged on all spray applications carried out in
other than a properly constructed booth approved by the WorkCover
Authority shall be paid 85 cents per hour extra.
(xii) Roof Work -
Staff members engaged in the fixing or repairing of a roof or any other work in
excess of 12 metres from the nearest floor level shall be paid $1.06 per hour
extra with a minimum payment of $1.06.
(xiii) Explosive
Powered Tools - Staff members required to use explosive powered tools shall be
paid cents per hour extra with a minimum payment of $1.95 per day.
(xiv) Toxic and
Obnoxious Substances -
(a) A staff member
engaged in either the preparation and/or the
application of toxic or epoxy based materials or materials of a like nature
shall be paid $1.06 per hour extra.
(b) In addition,
staff members applying such material in buildings which are normally
air-conditioned shall be paid 71 cents per hour extra for any time worked when
the air-conditioning plant is not operating.
(c) Where there is
an absence of adequate natural ventilation, the employer shall provide
ventilation by artificial means and/or supply an approved type of respirator
and, in addition, protective clothing shall be supplied where recommended by
the Department.
(d) Staff members
working in close proximity to staff members so engaged shall be paid 85 cents
per hour extra.
(e) For the purpose
of this clause, all materials which are toxic or which include or require the
addition of a catalyst hardener and reactive additives or two-pack catalyst
system shall be deemed to be materials of a like nature.
(xv) Rates Not Subject To Penalty Provisions - The special rates herein
prescribed shall be paid irrespective of the times at which the work is
performed, and shall not be subject to any premium or penalty conditions.
(xvi) Extra Rate Not
Cumulative - When more than one of the above rates provide payment for
disabilities of substantially the same nature then only the highest of such
rates shall be payable.
SCHEDULE D
Salary Arrangements of Existing Staff Members, Services Support
Officers at 19/4/99
|
Rate as at 1.7.18
|
Rate as at 1.7.19
|
|
Per annum
|
Per annum
|
|
$
|
$
|
Outdoor Attendant (Other)
|
|
|
11th year and thereafter. Current incumbents only.
|
51,357
|
52,641
|
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.