|
Crown Employees (General Staff - Salaries) Award
2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 133604 of 2019)
Before Chief Commissioner Kite
|
24 October 2019
|
REVIEWED
AWARD
1. Arrangement
PART A
Clause No. Subject
Matter
1. Arrangement
2. Definitions
3. Parties
4. Salaries
5. Hours of
Work
6. Transition
Arrangements
7. Grievance
and Dispute Settling Procedure
8. Anti-Discrimination
9. Salary
Sacrifice to Superannuation
10. Deduction
of Union Membership Fees
11. Area,
Incidence and Duration
PART B
MONETARY RATES
Schedule A - Classifications and Rates of Pay
2. Definitions
In this award:
(i) "2019
Award" means the Crown Employees (Public Sector - Salaries 2019) Award.
(ii) "Employee"
means and includes any person appointed to or performing the duties of any of
the roles covered by this award.
(iii) "Industrial Relations
Secretary" or "Secretary" means the employer for industrial
purposes under the Government Sector
Employment Act 2013.
(iv) "Union"
means the Public Service Association and Professional Officers' Association
Amalgamated Union of New South Wales.
3. Parties
This award is made between the Industrial Relations
Secretary and the Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
4. Salaries
(i) Salaries
for classifications covered by this Award are adjusted by the Crown Employees
(Public Sector - Salaries 2019) Award (or its replacement) and are found in the
salary tables attached to that award.
(ii) The salaries
payable are prescribed in the said Part B.
5. Hours of Work
Employees covered by this award will continue to maintain
the existing arrangements regarding hours of work allocated to their
classification as determined in their organisation as at the making of this
award.
6. Transition
Arrangements
In relation to the classification of Photographer Grade 3 as
set out in Schedule A - Classifications and Rates of Pay, of Part B, Monetary
Rates, the following transitional arrangements shall apply in relation to
existing staff employed within the Arts portfolio as at the making of this
award:
Employees currently employed at the maximum rate as a Photographer
Grade 2 within the Arts portfolio shall be progressed to the first year rate of
Photographer Grade 3 based on their organisation’s assessment as to whether all
the following criteria apply:
(i) the employee being at the Photographer Grade 2 level for at
least 12 months;
(ii) work being available (encompassing the criteria for
appointment that attaches to the Grade 3 level as set out in Schedule A), and
the existence of a Photographer Grade 3 position within the organisation;
(iii) successful completion of a relevant certificate or degree
and/or significant equivalent experience;
(iv) the employee having used both traditional and digital
equipment in their work; and
(v) the conduct and services of the employee being of a
satisfactory standard.
These transitional arrangements will apply in relation to
existing employees moving from Grade 2 to Grade 3 Photographer. All future appointments as a Photographer
Grade 3 will be based on normal merit selection requirements and the
availability of a position at the Grade 3 level.
7. Grievance and
Dispute Settling Procedure
(i) All
grievances and dispute resolution 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/institute, if required.
(ii) An employee 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 officer to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Agency 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 (2) working days, or as
soon as practicable, of the matter being brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the employee 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 employee until the matter is
referred to the Agency Head or delegate.
(vi) The
Agency Head or delegate may refer the matter to the Industrial Relations
Secretary for consideration.
(vii) If the matter
remains unresolved, the Agency Head or delegate shall provide a written
response to the employee and any other party involved in the grievance, dispute
or difficulty, concerning action to be taken, or the reason for not taking any
action, in relation to the matter.
(viii) An employee, at
any stage, may request to be represented by their union.
(ix) the employee or the Union on their behalf, or the Agency
Head or delegate 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 employee,
union, agency, and Industrial Relations Secretary 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 (ix) of this
clause are being followed, normal work undertaken prior to notification of the
dispute or difficulty shall continue unless otherwise agreed between the
parties. In a case involving work health
and safety, if practicable, normal work shall proceed in a manner that avoids
any risk to the health and safety of any employee or member of the public.
8. 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 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
(i) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(ii) 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."
9. Salary Sacrifice to
Superannuation
An employee may elect, subject to the agreement of the
agency, to enter into a Salary Packaging Arrangement in accordance with the
provisions of Clause 5 of the Crown Employees (Public Sector - Salaries 2019)
Award or any variation or replacement Award.
10. Deduction of Union
Membership Fees
(i) The
union shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union's rules.
(ii) The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of union fortnightly membership fees payable shall be provided to
the employer at least one month in advance of the variation taking effect.
(iii) Subject to
subclauses (i) and (ii) of this clause, the employer
shall deduct union fortnightly membership fees from the pay of any employee who
is a member of the union in accordance with the union's rules, provided that
the employee has authorised the employer to make such deductions.
(iv) Monies
so deducted from employee's pay shall be forwarded regularly to the union
together with all necessary information to enable the union to reconcile and
credit subscriptions to employees' union membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
11. Area, Incidence
and Duration
(i) This
award shall apply to employees employed in the classifications set out in
Schedule A - Classifications and Rates of Pay, of Part B, Monetary Rates. The salary rates in the said Schedule A are set in accordance with the 2007 Award and any
variation or replacement award.
(ii) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (General Staff - Salaries) Award 2007
published 21 October 2016 (380 I.G.
1003), as varied.
(iii) 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 24 October 2019.
(iv) This
award remains in force until varied or rescinded, the period for which it was
made having already expired.
PART B
MONETARY RATES
Schedule A - Classifications and Rates of Pay - General
Staff
Salaries for classifications covered by this Award are
adjusted by the Crown Employees (Public Sector - Salaries 2019) Award (or its
replacement) and are found in the salary tables attached to that award.
Classification
and Grades
|
Common
Salary Point
|
Rates
at 30.06.19
|
Rates
effective Ffppoa 1.07.19
|
|
|
2.5%
Per annum
|
2.5%
Per annum
|
|
|
$
|
$
|
Community Liaison
Officer/Aboriginal Community Liaison Officer,
|
57
|
69,962
|
71,711
|
Department of Education
|
|
|
|
Year 1
|
58
|
69,962
|
71,711
|
Year 2
|
61
|
72,783
|
74,603
|
Year 3
|
64
|
75,055
|
76,931
|
Year 4
|
67
|
77,363
|
79,297
|
Farm
Foreman, Department of Education
|
|
|
|
Grade A
|
|
|
|
1st year
|
39
|
59,411
|
60,896
|
2nd year
|
41
|
60,574
|
62,088
|
3rd year
|
43
|
61,655
|
63,196
|
Grade B
|
|
|
|
1st year
|
45
|
62,717
|
64,285
|
2nd year
|
47
|
63,863
|
65,460
|
3rd year
|
51
|
66,198
|
67,853
|
Maintenance Officer, Department of Education
|
|
|
|
1st year
|
24
|
52,028
|
53,329
|
2nd - 7th year
|
25
|
52,456
|
53,767
|
8th year
|
26
|
52,882
|
54,204
|
Matrons and Sub-Matrons, Department of Education
|
|
|
|
Matron
|
|
|
|
1st year
|
45
|
62,717
|
64,285
|
Thereafter
|
46
|
63,199
|
64,779
|
Sub-Matron
|
|
|
|
1st year
|
39
|
59,411
|
60,896
|
Thereafter
|
40
|
59,901
|
61,399
|
Technical Assistant (Art, Ceramics, TV Studio)
|
|
|
|
Years 1 - 3
|
32
|
55,747
|
57,141
|
Years 4 - 6
|
34
|
56,726
|
58,144
|
Year 7
|
35
|
57,185
|
58,615
|
Assistant, Dept of Infrastructure
Planning and Natural Resources (DIPNR)
|
|
|
|
Junior - under 17 (50% of Grade 1, Yr
1)
|
|
24,296
|
24,903
|
Aged 17 (60% of Grade 1, Yr 1)
|
|
29,155
|
29,884
|
Aged 18 (70% of Grade 1, Yr 1)
|
|
34,014
|
34,864
|
Aged 19 (80% of Grade 1, Yr 1)
|
|
38,873
|
39,845
|
Aged 20 (90% of Grade 1, Yr)
|
|
43,734
|
44,827
|
Grade 1
|
|
|
|
1st year
|
18
|
48,592
|
49,807
|
2nd year
|
22
|
50,367
|
51,626
|
3rd year
|
25
|
52,456
|
53,767
|
4th year
|
29
|
54,311
|
55,669
|
5th year
|
32
|
55,747
|
57,141
|
Grade 2
|
|
|
|
1st year
|
34
|
56,726
|
58,144
|
2nd year
|
36
|
57,767
|
59,211
|
3rd year
|
37
|
58,319
|
59,777
|
4th year
|
39
|
59,411
|
60,896
|
Grade 3
|
|
|
|
1st year
|
46
|
63,199
|
64,779
|
2nd year
|
52
|
66,871
|
68,543
|
Field Services Staff, DIPNR Field
Supervisor
|
|
|
|
1st year
|
48
|
64,393
|
66,003
|
2nd year
|
51
|
66,198
|
67,853
|
3rd year
|
53
|
67,443
|
69,130
|
4th year
|
55
|
68,707
|
70,425
|
5th year
|
58
|
70,652
|
72,418
|
Field Service Manager, Years
1-3 only other locations (not specified)
|
|
|
|
1st year
|
66
|
76,580
|
78,495
|
2nd year
|
67
|
77,363
|
79,297
|
3rd year
|
69
|
78,824
|
80,795
|
Specific locations Years 1-4
(Bathurst, Cooma, Glennies Creek, Gosford,
|
|
|
|
Goulburn, Henty, Inverell, Lithgow,
Manilla (f.s.), Moss Vale, Nowra,
|
|
|
|
Newcastle, Parkes, Cowra RC, Parramatta, Penrith, Scone, Singleton,
|
|
|
|
Wellington, Braidwood
(cons.), Murwillumbah, Coffs Harbour, Kempsey,
|
|
|
|
Grafton, Queanbeyan, Gunnedah
RC.
|
|
|
|
4th year
|
75
|
83,403
|
85,488
|
Regional Field Services
Manager
|
83
|
90,278
|
92,535
|
Overseers, DIPNR
|
|
|
|
Grade 1 (ex Dept of Water Resources only)
|
60
|
72,054
|
73,855
|
Grade II
|
61
|
72,783
|
74,603
|
Grade III
|
65
|
75,686
|
77,578
|
Grade IV
|
73
|
81,920
|
83,968
|
Grade V
|
77
|
85,043
|
87,169
|
Plant Managers, DIPNR
|
|
|
|
Grade 1 (Workshop
Supervisors, Goulburn, Inverell, Scone & Wagga Wagga)
|
65
|
75,686
|
77,578
|
Grade 2 (Workshop Manager,
Wellington & Fleet Managers, Tamworth &
|
|
|
|
Wagga Wagga)
|
|
|
|
Year 1
|
69
|
78,824
|
80,795
|
Year 2
|
70
|
79,602
|
81,592
|
Assistant Education Officers,
|
43
|
61,655
|
63,196
|
Photographer - Grade 1 -
Years 1-3 (various agencies)
|
|
|
|
1st year
|
39
|
59,411
|
60,896
|
2nd year
|
41
|
60,574
|
62,088
|
3rd year
|
43
|
61,655
|
63,196
|
Grade 2*
|
|
|
|
1st year
|
49
|
65,056
|
66,682
|
2nd year
|
51
|
66,198
|
67,853
|
*Progression from
Photographer Grade 1 to
|
|
|
|
Photographer Grade 2 (see Sch
A of award)
|
|
|
|
Photographer Grade 3** Years
1-3
|
|
|
|
1st year
|
63
|
74,333
|
76,191
|
2nd year
|
65
|
75,686
|
77,578
|
3rd year
|
69
|
78,824
|
80,795
|
**Grade 3 requirements in Sch
A of award
|
|
|
|
Photographic Assistant
|
22
|
50,367
|
51,626
|
|
23
|
51,522
|
52,810
|
|
25
|
52,456
|
53,767
|
|
26
|
52,882
|
54,204
|
Field Assistant, Dept of Mineral Resources
|
|
|
|
Year 1
|
26
|
52,882
|
54,204
|
Year 2
|
28
|
53,758
|
55,102
|
Year 3
|
31
|
55,212
|
56,592
|
Year 4
|
32
|
55,747
|
57,141
|
Year 5
|
34
|
56,726
|
58,144
|
Regional Mining Officer, Dept of Mineral Resources
|
58
|
70,652
|
72,418
|
|
61
|
72,783
|
74,603
|
|
64
|
75,055
|
76,931
|
|
67
|
77,363
|
79,297
|
Regional Mining Officer,
Lightning Ridge, Dept of Mineral Resources
|
75
|
83,403
|
85,488
|
|
79
|
86,721
|
88,889
|
|
82
|
89,406
|
91,641
|
|
85
|
92,026
|
94,327
|
Gallery Services Officer, Art
Gallery
|
18
|
48,592
|
49,807
|
|
20
|
49,431
|
50,667
|
Senior Gallery Services
Officer, Art Gallery
|
43
|
61,655
|
63,196
|
|
45
|
62,717
|
64,285
|
|
47
|
63,863
|
65,460
|
|
49
|
65,056
|
66,682
|
Installation Officer, Art
Gallery
|
26
|
52,882
|
54,204
|
|
29
|
54,311
|
55,669
|
|
32
|
55,747
|
57,141
|
Display Technician, Art
Gallery
|
|
|
|
Grade 1
|
45
|
62,717
|
64,285
|
|
48
|
64,393
|
66,003
|
|
51
|
66,198
|
67,853
|
Grade 2
|
55
|
68,707
|
70,425
|
|
59
|
71,391
|
73,176
|
Senior Display Technician
|
63
|
74,333
|
76,191
|
|
65
|
75,686
|
77,578
|
Museum Assistant, Historic
Houses Trust
|
|
|
|
Grade 1 - Year 1
|
20
|
49,431
|
50,667
|
Grade 1 - Year 2
|
21
|
49,901
|
51,149
|
Grade 1 - Year 3
|
25
|
52,456
|
53,767
|
Grade 1 - Year 4
|
27
|
53,307
|
54,640
|
Grade 2 - Year 1
|
30
|
54,775
|
56,144
|
Grade 2 - Year 2
|
31
|
55,212
|
56,592
|
Grade 2 - Year 3
|
34
|
56,726
|
58,144
|
Grade 2 - Year 4
|
35
|
57,185
|
58,615
|
Grade 2 - Year 5
|
36
|
57,767
|
59,211
|
Museum Guide, Historic Houses
Trust
|
|
|
|
Year 1
|
28
|
53,758
|
55,102
|
Year 2
|
30
|
54,775
|
56,144
|
Year 3
|
32
|
55,747
|
57,141
|
Year 4
|
34
|
56,726
|
58,144
|
Year 5
|
36
|
57,767
|
59,211
|
Year 6
|
39
|
59,411
|
60,896
|
Chief Guide, Historic Houses
Trust
|
48
|
64,393
|
66,003
|
|
51
|
66,198
|
67,853
|
Centre Supervisor, State
Sports Centre
|
37
|
58,319
|
59,777
|
|
(+10%
all
|
|
|
|
purpose allow.)
|
|
|
Centre Supervisor, State
Sports Centre
|
40
|
59,901
|
61,399
|
Events Technical Officer,
State Sports Centre
|
58
|
70,652
|
72,418
|
Maintenance Officer, State
Sports Centre
|
55
|
68,707
|
70,425
|
Facilities Manager, State
Sports Centre
|
111
|
119,061
|
122,038
|
Assistant Facilities Manager,
State Sports Centre
|
67
|
77,363
|
79,297
|
Day Attendant, Australian
Museum
|
18
|
48,592
|
49,807
|
|
19
|
49,015
|
50,240
|
|
20
|
49,431
|
50,667
|
|
21
|
49,901
|
51,149
|
|
23
|
51,522
|
52,810
|
Preparator,
Australian Museum Assistant Preparator (55)
|
|
|
|
|
29
|
54,311
|
55,669
|
|
34
|
56,726
|
58,144
|
|
39
|
59,411
|
60,896
|
|
43
|
61,655
|
63,196
|
Cadet Preparator
(56)
|
21
|
49,901
|
51,149
|
|
25
|
52,456
|
53,767
|
Chief Preparator
|
82
|
89,406
|
91,641
|
|
84
|
91,072
|
93,349
|
Preparator
(57) Grade I
|
46
|
63,199
|
64,779
|
|
49
|
65,056
|
66,682
|
|
52
|
66,871
|
68,543
|
Grade II
|
56
|
69,350
|
71,084
|
|
60
|
72,054
|
73,855
|
Senior Preparator
|
63
|
74,333
|
76,191
|
|
65
|
75,686
|
77,578
|
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.
|