Crown Employees (Lord Howe Island Board Salaries
and Conditions 2009) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 133761 of 2019)
Before Chief Commissioner Kite
|
23 July 2019
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Multi-skilling
and Staff Flexibility
3. Salaries
4. Appointment
5. Salary
Progression
6. Island
Disability Allowance
7. Disability
Allowance (Commonwealth District Allowance)
8. Call-out
Allowance
9. Temporary
Assignments to higher non-executive roles
10. Boot
Allowances
11. Special
Duties Allowance
12. Waste
Service Allowance
13. Travel
Allowances
14. Allowance
for Surveying Duties
15. Adjustment
of Allowances
16. Hours
17. Overtime
18. Time in
Lieu
19. Public
Holidays
20. Recreation
Leave
21. Sick Leave
22. Family and
Community Service Leave and Personal and Carer's Leave
23. Special
Leave
24. Leave
Without Pay
25. Extended
Leave
26. Parental
Leave
27. Study
Assistance
28. Part-Time
Work
29. Semi-Official
Telephone Subsidy
30. Relocated
Staff
31. Casual
Employment
32. Termination
of Employment
33. Deduction
of Union Dues
34. Consultation
35. Grievance
and Disputes Settling Procedures
36. Uniforms
and Laundry Allowance
37. Anti-Discrimination
38. Secure
Employment
39. Conditions
of Employment
40. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salary Rates for Lord Howe Island Officers
Table 2 - Allowances
PART A
1. Definitions
"Association" means the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales.
"Board" means the Lord Howe Island Board
established under the Lord Howe Island
Act 1953.
"Casual staff" means any employee engaged in
terms of Part 4, Division 5, Section 43 1(c) of the Government Sector Employment Act 2013 and any guidelines issued
thereof or as amended from time to time.
"Chief Executive Officer" or CEO means the
Chief Executive Officer of the Lord Howe Island Board.
"Credit hours" is the difference between the
number of hours worked and contract hours, where the number of hours worked in
a settlement period is more than contract hours.
"Debit hours" is the difference between the
number of hours worked and contract hours, where the number of hours worked in
a settlement period is less than contract hours.
"Department Head" for the purposes of this
award is the Secretary of the NSW Department of Planning, Industry and
Environment (or any subsequent Department assuming employment functions for the
Lord Howe Island Board) or any officer delegated by that Department Head to
exercise the functions of Department Head.
“Industrial Relations Secretary” is as defined by the Government Sector Employment Act 2013.
"Staff" or "staff member" means and
includes all persons employed from time to time under the Government Sector Employment Act 2013.
2. Multi-Skilling and
Staff Flexibility
(i) Staff
may be directed to perform any work in any area of the Board's operations which
is within their competence and which is consistent with the duties described
within a staff member's Role Description.
(ii) Staff training
will be used to promote greater flexibility and multi-skilling.
3. Salaries
(i) Staff
will be appointed to one of the grades outlined in Table 1 of Part B Monetary
Rates.
(ii) The rates of
pay set out in Table 1 include payment for annual leave loading and Island
Disability allowance.
(iii) The rates of
pay are set in accordance with the Crown Employees (Public Sector - Salaries 2019)
Award or any variation or replacement award.
4. Appointment
(i) Roles
will be graded using an accredited job evaluation system.
(ii) Except as
provided in subclause (iii), staff will be appointed to the first salary point
in the grade of the role to which they are appointed.
(iii) The Department
Head may appoint a person at a higher salary level within the grade. In determining commencing salary, regard will
be had to:
(a) the person’s
skills, experience and qualifications;
(b) the rate
required to attract the person; and
(c) the
remuneration of existing staff performing similar work.
5. Salary Progression
(i) Progression
within each grade will be by annual increment, provided that the Chief
Executive Officer is satisfied with the conduct and manner of performance of
duties of the staff member concerned.
(ii) Progression to
another grade will be by competitive selection for an advertised vacancy.
6. Island Disability
Allowance
(i) All
staff are entitled to payment of the Island Disability Allowance. The allowance is compensation for the high
cost of living and isolation, and is in lieu of any
other remote area allowance.
(ii) The allowance
is incorporated into all salary rates (see clause 3, Salaries of this Award).
7. Disability Allowance
(Commonwealth District Allowance)
(i) Except
as provided for in this clause, no staff are entitled to payment of the
Disability Allowance which is equivalent to the Commonwealth District
Allowance.
(ii) Staff who at
the date of commencement of this Award are receiving the Disability Allowance
(or any residual amount of the Disability Allowance that has been previously
discounted) will continue to receive it on a personal basis. However,
(a) The Disability
Allowance will no longer be increased.
(b) Staff receiving
this allowance (Senior Electrical Officer only) will have the current allowance
discounted by the amount of any future salary increases from a base of $1,897
as at1 July 2006 (the Island Disability Allowance at that time) until such time as the base equals $3,317 when the allowance
under this clause will cease to be paid.
8. Call-Out Allowance
(i) Except
as provided by in this clause, no staff are entitled to payment of a Call-out
Allowance.
(ii) Staff who at
the date of commencement of this Award are receiving a Call-out Allowance will
continue to receive such an allowance on a personal basis.
(a) The Senior
Electrical Officer will continue to receive an allowance of $1,800 p.a. At the conclusion of the current occupant’s employment, the
allowance will cease to apply.
(b) The Call-out
Allowance referred to in paragraph (a) of this subclause will not be adjusted.
9. Temporary
Assignments to higher non-executive roles
(i) Staff
who are temporarily assigned to another role in the agency for five or more
consecutive working days will be paid an allowance in accordance with the
Government Sector Employment Regulation 2014 if the assigned role is at a
higher classification than the staff members current classification of work.
(ii) The allowance
will be agreed following discussion with the staff member and will be a
proportion of the staff member's existing salary and the salary for the minimum
rate for the higher role depending on the range of duties to be performed.
10. Boot Allowances
(i) Staff
who are regularly directed to work in the permanent park preserve will be
entitled to a hiking boot allowance of up to the rate as set in Table 2 of Part
B Monetary Rates if not supplied with hiking boots as part of their uniform.
(ii) Staff who are
regularly directed to undertake tree climbing for the purposes of research will
be entitled to a climbing boot allowance of up to the rate as set in Table 2 of
Part B Monetary Rates.
(iii) The allowances
will be payable on production of a receipt and on condemnation of the previous
pair of boots.
11. Special Duties
Allowance
(i) A
Special Duties Allowance will be paid to staff who perform duties which
(a) require special
training, such as abseiling, or tree climbing for the purpose
of tree surgery or research; or
(b) involves the
rescue of people from difficult locations involving specialised rescue
equipment for which specific training is required, and/ or from locations that
are more than 300 metres from established roads, tracks or routes; or from the
sea; or
(c) involves
performing operational duties in servicing rota loos and composting toilets,
excluding normal day to day cleaning.
(ii) The special
duties allowance applicable is set out in Table 2 of Part B, Monetary Rates.
(iii) The allowance
will only be payable to staff who are directed to, and who actually
perform the special duties.
12. Waste Services
Allowance
(i) Staff
when required to handle putrescibles waste and sewerage at the Waste Management
Facility, or similar duties at this or other work environments as determined by
the Chief Executive Officer, shall receive the Waste Service Allowance for
actual time worked.
(ii) The Waste
Service Allowance applicable is set out in Table 2 of Part B, Monetary Rates.
13. Travel Allowances
Travel allowances will be paid in accordance with the
provisions for travelling compensation under the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009.
14. Allowance for
Surveying Duties
(i) Subject
to subclause (iii) of this clause, staff who perform surveying for cadastral or
engineering purposes will be entitled to an allowance for surveying duties.
(ii) The allowance
will be paid for each hour or part thereof that surveying duties are performed and the amount of the allowance will be the
difference between the current hourly salary rate of the person performing the
surveying duties and the current hourly rate payable for a Lord Howe Island
Officer Grade 5, Year 3.
(iii) The allowance
will only be payable to staff directed to, and who actually
perform surveying duties and who are currently at Grade 5, Year 2 or
lower and hold a Bachelor of Surveying Degree.
15. Adjustment of
Allowances
The Boot Allowances, Special Duties Allowance and Waste
Services Allowance may be adjusted from time to time, provided that the
Department Head and the Association agree to such adjustments.
16. Hours
General:
(i) The
ordinary hours of work for all staff covered by this Award will be an average
of 38 per week over a 4 week settlement period, Monday
to Sunday inclusive.
(ii) The ordinary
hours of work will generally be worked Monday to Friday, however some staff may
be required to perform some of their ordinary time on weekends and public
holidays
(iii) Ordinary hours
will be worked between 6.30 am and 7.00 pm.
(iv) Staff will be
able to work either flexitime arrangements or set patterns of hours (where
start and finish times are set) in consultation with their
manager/supervisor. Such working hour
arrangements will be determined in relation to the needs of the work and the
work group.
(v) The business
hours of the Board are from 8.30 am to 4.30 pm Monday to Friday. The hours of work for administrative staff
will be arranged to ensure that an adequate level of service is maintained
during business hours.
Part A - Flexi time
(i) Time
will not be credited for work performed outside the bandwidth of 6.30 am and
7.00 pm.
(ii) The usual start
and finish times for staff working flexitime will be agreed to with the
supervisor/manager to ensure that staff are working the hours necessary for
their position and maintain the necessary level of service during business
hours.
(iii) Staff must take
an unpaid lunch break of at least 30 minutes, however
staff may take a break of up to 2 hours.
A staff member may only take a lunch break of more than 1 hour with the
prior approval of his/her supervisor.
(iv) Generally an individual may select start and finishing
times, however where it is necessary the supervisor may direct staff to work
for 7.6 hours on a particular day and also direct staff to start and finish at
particular times within the bandwidth on that day.
(v) Staff may work
for more than 7.6 hours per day, where work is available which can be performed
at the convenience of the Board. Staff
may also work for less than 7.6 hours on a particular day. The maximum number of hours staff may record
as being worked in a day is 10 hours (10.5 hours less a 0.5
hour lunch break).
(vi) A staff member
may be required to perform work beyond the hours determined under subclause (i) and in line with subclauses (iv) and (v) but only if it
is reasonable for the staff member to be required to do so. In determining what is unreasonable the
following factors shall be taken into account:
(a) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements;
(b) any risk to
staff member’s health and safety;
(c) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the Board and the effect on client services;
(d) the notice (if
any) given by the Board regarding the working of the additional hours, and by
the staff member of their intention to refuse the working of additional hours,
or
(e) any other
relevant matter.
(vii) A staff member
may carry a maximum of 38 hours credit into the next settlement period. Weekly
hours worked during the settlement period are to be monitored by the staff
member and their supervisor. If it appears that the staff member may accumulate
enough hours to exceed this maximum carryover, then the supervisor and the
staff member shall develop a strategy to ensure that the staff member does not
forfeit any of the credit hours accumulated, or likely to be accumulated.
(viii) At the end of
the settlement period, debit hours accumulated in excess of
10 are debited against recreation leave or, if the staff member has no
recreation leave, shall be taken as leave without pay.
(ix) Generally a staff member may, with the approval of his/her
supervisor, take 3 days (22.8 hours) of flexi leave in a settlement
period. Such flexi leave may be taken as
either whole and/or half days.
(x) A half day may
only be taken off either before 3 hours and 48 minutes are worked during the
bandwidth or after 3 hours and 48 minutes are worked during the bandwidth.
(xi) Flexi leave may
be taken before or after a period of recreation leave but may not be taken
during a period of recreation leave.
(xii) A staff member
must have the approval of his/her supervisor prior to taking flexi leave. The supervisor may refuse any request for
flexi leave provided there is good and sufficient
reason.
(xiii) The Chief
Executive Officer may direct a staff member to work under a standard hours arrangement (7.6 hours per day with established
commencing and finishing times) where it is evident that the staff member is
not observing the hours arrangements established under this Award or any
associated administrative instructions.
(xiv) Where staff give
notice of resignation or retirement they should take all reasonable steps to
eliminate any accumulated credit or debit hours. No compensation will be paid for any
accumulated credit hours on the last day of service. Where staff have accumulated debit hours at
the completion of the last day of service any monies owing shall be debited
accordingly.
Part B - Set Patterns of Hours
(i) Staff
working a set pattern of hours will usually work eight hours per day with 0.4
of one hour accruing toward one rostered day off in each four
week period, however, such staff may be required to work other roster
arrangements depending on the needs of the work.
(ii) Hours will
usually be worked from 7.00 am to 3.30 pm. By mutual agreement
between the CEO and staff starting and ceasing times may be varied.
(iii) Staff are
entitled to an unpaid lunch break of 30 minutes.
(iv) Staff may take a
morning tea break (not exceeding 10 minutes) at the place where work is being conducted
at the time of the break, provided that there is no
disruption to the continuity of the work being performed.
(v) The Board will
provide appropriate utensils (such as eskies and thermoses), to enable staff to
take their tea or lunch breaks at the work site.
(vi) Days off for all
staff shall be rostered over each 4 week period. In drawing up the roster, regard shall be had
to the work programs being undertaken, the needs of the Board and the needs of
the staff.
(vii) By consultation
with the supervisor, a staff member may alter his/her rostered day off. Rostered days off may only be altered if
doing so involves no additional costs to the Board and causes no disruption to
work programs.
(viii) Staff may
accumulate up to 5 rostered days off.
17. Overtime
(i) The
provisions contained in the Overtime-General, Overtime Worked By Day Workers, Recall to Duty, Overtime Meal Breaks and
Overtime Meal Allowances clauses of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009 apply to staff.
(ii) Staff shall not
be entitled to compensation for overtime if it is customary for staff to return
to work to perform a specific job that is usually performed outside of ordinary
working hours. Such time will contribute
to the ordinary hours of work for the week (i.e. part of the 38 hours per
week).
(iii) The minimum
payment rates for overtime worked on a Saturday, Sunday or public holiday (as
set out in the Overtime-General clause of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009 do not apply in the following
circumstances:
(a) staff required
to carry out airport inspections on Saturdays, Sundays and Public Holidays will
be paid at time and a half for actual time worked.
(b) Regular
maintenance at the Powerhouse undertaken by the Senior Electrical Officer
employed at the time of the making this Award on Saturdays, Sundays and Public
Holidays will continue to receive the payments that applied before this Award
was made. On the termination of employment
of the current Senior Electrical Officer, this subclause will cease to apply
and any new staff member responsible for the maintenance and operation of the
Powerhouse will receive overtime provisions in accordance with subclause (i) of this clause.
(iv) Casual staff are
entitled to be paid overtime in accordance with the provisions of subclause (i) of this clause.
18. Time in Lieu
By agreement between the Chief Executive Officer and
staff, directed overtime may be taken as time off in lieu. Time off in lieu will be allotted at overtime
rates. Such time off is to be taken
within a month of accrual at a time convenient to the Board, however with the
approval of the supervisor time off may be taken at a later
date.
19. Public Holidays
(i) Unless
directed to attend for duty by the Chief Executive Officer, a staff member is
entitled to be absent from duty without loss of pay on any day which is:
(a) a public
holiday throughout the State of NSW; or
(b) a local public
holiday proclaimed for Lord Howe island; or
(c) a day between
Boxing Day and New Year’s Day determined by the Chief Executive Officer as a
public service holiday.
(ii) A staff member
who is required by the Chief Executive Officer to work on a local public
holiday may be granted time off in lieu on an hour for hour basis for the time
worked on the local public holiday.
(iii) If a local
public holiday falls during a staff member’s absence on leave, the staff member
is not to be credited with the holiday.
(iv) Where a staff
member is rostered to, and works, their ordinary hours on a public holiday, the
staff member shall be paid at two and a half times the rate for time worked
(time plus time and a half).
(v) A staff member
rostered off duty on a public holiday shall elect to be paid one day’s pay for
that public holiday, or to have one day added to their recreation leave for
each such day. This clause does not
apply to staff members who work their ordinary hours on a Monday to Friday
basis.
20. Recreation Leave
(i) Staff
members are entitled to recreation leave of twenty working days per year in
accordance with the provisions for recreation leave under the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
(ii) The Senior
Electrical Officer and Ranger are entitled to an additional 5 days of
recreation leave per year as compensation for disruption and inconvenience
associated with regular or frequent call-outs to perform work on weekends and
otherwise outside of ordinary hours of employment.
(iii) Additional recreation
leave may be accrued for staff required to perform ordinary rostered work on
weekends during a qualifying period of 12 months from 1 December one year to 30
November the next year. One additional
day of leave will be credited for each period of 38 hours ordinary rostered
work completed on weekends. For periods of less than 38 hours pro rata leave
will be credited. This is in lieu of the payment of weekend penalty rates under
the Crown Employees (Public Service Conditions of Employment) Award 2009.
(iv) Annual leave
loading is not payable (see clause 3, Salaries of this Award).
21. Sick Leave
All staff shall be entitled to sick leave in accordance
with the provisions for sick leave under the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009.
22. Family and
Community Service Leave and Personal and Carers Leave
All staff shall be entitled to family and community
service leave and personal and carers leave in accordance with the provisions
for such leave under the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009.
23. Special Leave
All staff shall be entitled to special leave in
accordance with the provisions for special leave under the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
24. Leave Without Pay
All staff shall be entitled to leave without pay in
accordance with the provisions for leave without pay under the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
25. Extended Leave
Staff are entitled to accrue and be granted extended
leave in accordance with the provisions of Schedule 1 of the Government Sector
Employment Regulation 2014.
26. Parental Leave
All staff shall be entitled to parental leave in
accordance with the provisions for parental leave under the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
27. Study Assistance
All staff shall be entitled to study assistance in
accordance with the provisions for study assistance under the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
28. Part-Time
Employment
All staff engaged on a part-time basis shall be granted
leave and other entitlements on a pro-rata basis in accordance with the
provisions for part-time employment under the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009.
29. Semi-Official
Telephone Subsidy
All staff shall be entitled to the semi-official
telephone subsidy in accordance with the provisions under the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
30. Relocated Staff
(i) The
Chief Executive Officer may approve assistance to staff who must relocate to
the Island to take up an appointment.
Assistance may also be provided for staff to return to the mainland at the conclusion of their employment, provided that such a
move occurs within one (1) month of the cessation of employment. The assistance
provided may be up to the maximum outlined in this clause however may be less
depending on individual circumstances including the length of period of
employment.
(ii) If payment of
relocation expenses to or from the Island has been approved by the Chief
Executive Officer, the following costs associated with relocation will be
reimbursed:
(a) Reasonable
costs associated with the removal of personal or household effects (excluding
motor vehicles, motor bikes, boats and trailers) to the Island and/or to a
place of storage on the mainland.
(b) Reasonable
storage costs for furniture or household effects for a period up to 10 years.
(c) Costs of
insuring furniture, personal or household effects kept in storage paid by the
Board on the mainland, up to a value as set out in Table 2 of Part B, Monetary
Rates
(iii) The Chief
Executive Officer may approve payment for the cost of air travel to Sydney or
Brisbane (or other approved destination) for a staff member and his/her
dependants who have relocated (or are relocating) to the Island in the
following circumstances:
(a) Air travel to
the Island when taking up an appointment.
(b) Air travel to
the mainland after completing an appointment, provided that
departure from the Island occurs within one (1) month of cessation of
employment.
(c) After each year
of service, for the first 5 years of employment, one return flight to the
mainland (Sydney or Brisbane or other destination approved by the Chief
Executive Officer) which must be taken within 12 months and subject to the
approval being specifically identified in the staff member’s letter of offer of
employment and the staff member only being entitled while they continue in
employment.
(d) To attend the
funeral of a close relative (of either the staff member or a dependant), or
where a close relative is critically ill.
(iv) In this clause
"dependant" is generally defined as a staff member's partner, or
child under the age of 18 years living on, or attending school on, the
island. However, having regard to the particular circumstances that may arise, the Chief Executive
Officer may recognise other "dependants".
(v) In this clause
"close relative" means partner, spouse or de facto spouse or same sex
partner, parent, child, brother or sister. However, having regard to the particular circumstances that may arise, the CEO may
recognise other "close relatives".
(vi) Where
appropriate, the Chief Executive Officer may provide relocated staff with
accommodation. The Chief Executive
Officer will determine the weekly rent payable for accommodation. Rents may be adjusted by the Chief Executive
Officer from time to time.
(vii) The airfares
provided for in this clause are not transferable to another person or persons.
31. Casual Employment
(i) The
hourly rate for casual staff will be the appointed salary rate for the position
divided by 52.17857 divided by the number of ordinary full-time hours for the
position. 4/48ths will be added to the
hourly rate as pro -rata holiday pay.
(ii) Casual staff
who are engaged on weekends or public holidays shall be paid the hourly rate
plus a loading of 20% plus 4/48ths as pro rata holiday pay.
(iii) All other
provisions are as per the Casual Employment clause of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
32. Termination of
Employment
(i) Two
weeks' notice or payment in lieu of notice applies to permanent and temporary
staff.
(ii) However, in
cases of serious or wilful misconduct, the Chief Executive Officer may waive
notice and no payment in lieu will be due to the staff member.
(iii) Redundancy
Staff whose positions are made redundant and are also
declared to be excess to the employment needs of the Board shall be managed in
accordance with the Government’s policy on Managing Excess Employees, as varied
from time to time.
33. Deduction of Union
Membership Fees
(i) The
Association shall provide the Board with a schedule setting out union
fortnightly membership fees payable by members of the union in accordance with
the Association's rules.
(ii) The Association
shall advise the Board of any change to the amount of fortnightly membership
fees made under its rules. Any variation
to the schedule of Association fortnightly membership fees payable shall be
provided to the Board at least one month in advance of the variation taking
effect.
(iii) Subject to
subclauses (i) and (ii) of this clause, the Board
shall deduct union fortnightly membership fees from the pay of any employee who
is a member of the union in accordance with the Association's rules, provided
that the employee has authorised the Board to make such deductions.
(iv) Monies so
deducted from employee's pay shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to employees' union membership accounts.
(v) Unless other
arrangements are agreed to by the Board and the Association, 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.
34. Consultation
(i) The
Board and the Association agree to continued consultation to ensure that the
implementation of this Award realises improvements in service delivery,
productivity, efficiency and job satisfaction.
(ii) The Award
provisions will be monitored by the Association and management
representatives. The Board and the
Association will meet as necessary to resolve any difficulties which may arise
with the implementation or operation of this Award and to discuss possible
future improvements.
35. Grievance and
Dispute Settling Procedures
(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 (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 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.
(vi) The Department
Head may refer the matter to the Industrial Relations Secretary for
consideration.
(vii) 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.
(viii) A staff member,
at any stage, may request to be represented by the Association.
(ix) The staff member
or the Association on their behalf, or the Department Head may refer the matter
to the New South Wales Industrial Relations Commission in relation to the
dispute.
(x) 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.
(xi) Whilst the
procedures outlined in subclauses (i) to (xi) 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.
36. Uniforms and
Laundry Allowance
(i) All
staff shall be entitled to uniforms and laundry allowance in accordance with
the Uniforms, Protective Clothing and Laundry Allowance clause of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009.
(ii) Staff issued
with a uniform by the Board shall wear and maintain the uniform in accordance
with the Board’s policy.
37.
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.
(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".
38. Secure Employment
The provisions for secure employment clause of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 apply.
39. Conditions of
Employment
The staff members regulated by this award shall be
entitled to the conditions of employment as set out in this award and, except
where specifically varied by this award, existing conditions as provided for
under the Government Sector Employment
Act 2013, Government Sector Employment Regulation 2014, Government Sector
Employment (General) Rules 2014, the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 and the Crown Employees (Public Sector -
Salaries 2019) Award, or any awards replacing these awards.
40. Area, Incidence
and Duration
This Award applies to staff as defined in clause 1,
Definitions, of Part A of this award and classified as Lord Howe Island
Officers.
This award is made following a review under section 19
of the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Lord Howe Island Board Salaries and Conditions 2009) Award published
31 July 2009 (368 IG 769) and all variations thereof.
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 23 July 2019..
Changes made to this award subsequent
to it being published on 31 July 2009 (368 IG 769) have been
incorporated into this award as part of the review.
The award remains in force until varied or rescinded,
the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Salary Rates for Lord Howe Island Officers
The salaries in the following table apply from the
beginning of the first pay period to commence on or after the date in the
column heading:
|
|
|
1.7.19
|
Classification
|
Grade
|
Year
|
Per annum
|
|
|
|
2.50%
|
LHI Officer
|
1
|
1
|
55,011
|
|
|
2
|
57,463
|
|
|
3
|
58,885
|
LHI Officer
|
2
|
1
|
60,452
|
|
|
2
|
61,053
|
|
|
3
|
63,697
|
LHI Officer
|
3
|
1
|
64,764
|
|
|
2
|
66,585
|
|
|
3
|
68,790
|
LHI Officer
|
4
|
1
|
70,788
|
|
|
2
|
74,149
|
|
|
3
|
76,988
|
LHI Officer
|
5
|
1
|
78,625
|
|
|
2
|
80,871
|
|
|
3
|
85,564
|
LHI Officer
|
5A
|
1
|
85,565
|
|
|
2
|
88,074
|
|
|
3
|
98,787
|
|
|
4
|
102,783
|
|
|
5
|
105,958
|
|
|
6
|
109,472
|
LHI Officer
|
6
|
1
|
88,074
|
|
|
2
|
98,787
|
|
|
3
|
102,783
|
LHI Officer
|
7
|
1
|
105,958
|
|
|
2
|
109,472
|
|
|
3
|
116,471
|
LHI Officer
|
8
|
1
|
119,849
|
|
|
2
|
125,648
|
|
|
3
|
130,853
|
LHI Senior Officer
|
1
|
1
|
144,651
|
|
|
2
|
150,903
|
Table 2 - Allowances
Clause No.
|
Brief Description
|
Amount
|
10 (i)
|
Boot Allowance (Hiking Boots)
|
$130 upon condemnation
of the previous pair of boots
|
10 (ii)
|
Boot Allowance (Tree Climbing Boots)
|
$25 upon condemnation of
the previous pair of boots
|
11 (i) (a) and (b)
|
Special Duties Allowance
|
$25 per day
|
11 (i) (c)
|
Special Duties Allowance – servicing of rota-loos
|
$25 per unit to a
maximum of $750 per annum
|
12
|
Waste Services Allowance
|
$1.50 per hour
|
30
|
Relocated Staff
|
Up to $100,000
|
AWARD HISTORY
The Lord Howe
Island Act 1953 was made on 16 December 1953. The Act, at part 2, Division
1 - Constitution of the Board provided for the employment of staff subject to
the provisions of the Public Service Act 1902.
On 24 April 1980, the Lord Howe Island Board Employees
Agreement was made between the Board and the Amalgamated Metal Workers and
Shipwrights Union and the Federated Engine Drivers and Fireman’s Association.
On 16 July 1981, the Lord Howe Island Administrative
Staff Agreement was made between the Board and the Public Service Association
of NSW.
On 14 February 1990, the Senior Electrical Officer
Agreement was made between the Lord Howe Island Board and the Senior Electrical
Officers.
An agreement known as the Lord Howe Island Board
Enterprise Agreement was made on 31 August 1994, covering all staff employed to
work on Lord Howe Island. That agreement expired on 30 June 1996.
The Enterprise Agreement was replaced by the Crown Employees (Lord Howe Island Board
Salaries 1997) Award on 10 September 1997.
The 1997 Award was replaced by the Crown Employees
(Lord Howe Island Board Salaries and Conditions 1999) Award on 19 October 1999.
This award was reviewed by the IRC on 29 May 2001 and published on 28
September 2001 (328 IG 72) as the Crown Employees (Lord Howe Island Board
Salaries and Conditions 2001) Award. The
award was reviewed by the IRC on 29 July 2004 and published on 25 February 2005
(348 I.G. 707) as the Crown Employees (Lord Howe Island Board Salaries and
Conditions 2004) Award.
Schedule 1 Amendment of Lord Howe Island Act 1953 came into force in April 2004. Section 6
of the Schedule provided that the Board’s staff are to be employed under the Public Sector Management Act 2002.
This Award review has provided the opportunity to
update the 2004 Award and enabled the parties to ensure that the Award is
relevant to the conditions of employment and monetary rates as they apply to
the classifications in the Award.
The Island Disability Allowance was incorporated into
salary in 2001 at $1,500 per annum and has been subject to salary increases. In
the 2009 award it was increased by a further $7 to $2,059 p.a. (equivalent to
the then Remote Area Allowance Grade C rate as in Part B, Table 1 Allowances,
of the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2006 and will be subject to future salary increases.
This award was reviewed by the IRC, under section 19 of
the Industrial Relations Act 1996, on
21 May 2009 and was published on 31 July 2009 (368 IG 769) as the Crown
Employees (Lord Howe Island Salaries and Conditions 2009) Award.
This award was reviewed by the IRC, under section 19 of
the Industrial Relations Act 1996, on
4 April 2012 and was published as the Crown Employees (Lord Howe Island Board
Salaries and Conditions 2009) Award.
This award was reviewed by the IRC, under section 19 of
the Industrial Relations Act 1996, on
2 August 2016 and was published as the Crown Employees (Lord Howe Island Board
Salaries and Conditions 2009) Award.
This award was reviewed by the IRC, under section 19 of
the Industrial Relations Act 1996, on
23 July 2019 and was published as the Crown Employees (Lord Howe Island Board
Salaries and Conditions 2009) Award.
P. M. KITE, Chief
Commissioner
____________________
Printed by
the authority of the Industrial Registrar.