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Crown Employees (Parks and Gardens - Horticulture and Rangers Staff) Award 2016
  
Date04/17/2020
Volume387
Part3
Page No.689
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C9086
CategoryAward
Award Code 737  
Date Posted04/17/2020

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(737)

SERIAL C9086

 

Crown Employees (Parks and Gardens - Horticulture and Rangers Staff) Award 2016

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Case No. 134104 of 2019)

 

Before Chief Commissioner Kite

12 August 2019

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.       Subject Matter

 

1.         Title

2.         Definitions

3.         Classification Standards

4.         Progression

5.         Appeals Mechanism

6.         Salaries

7.         Hours of Work

8.         Conditions of Employment

9.         Grievance and Dispute Settling Procedures

10.      Deduction of Union Membership Fees

11.      Consultative Committee

12.      Anti-Discrimination

13.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table A - Salaries

 

PART A

 

1.  Title

 

This Award shall be known as the Crown Employees (Parks and Gardens - Horticulture and Rangers Staff) Award 2016.

 

2.  Definitions

 

"Administrative Unit" means the group of employees comprising (wholly or in part) or attached to a body, organisation or group specified in Government Sector Employment Act 2013. The units covered in this Award are the Botanic Gardens and Centennial Parklands, the Sydney Olympic Park Authority and the Parramatta Park and Western Sydney Parklands Trusts.

 

"Association" means the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales.

 

"Broad Banded Role" means a role whose grading, skills and range of duties extend beyond those defined for a single level and will occur in Levels 2 to 15 as determined by the Director.

 

"Director" means the Executive Director of the Botanic Gardens and Centennial Parklands, the Executive Director Parramatta Park Trust and the Chief Executive Officer of the Sydney Olympic Park Authority.

 

"Employee" means and includes all persons employed under the provisions of the Government Sector Employment Act 2013 as varied, or other appropriate Acts.

 

"Secretary" means the Industrial Relations Secretary, as established under the Government Sector Employment Act 2013.

 

"Skills" means the appropriate qualifications, relevant experience, demonstrated ability and completion of the training modules appropriate to each level or equivalent, as determined by the Director.

 

3.  Classification Standards

 

3.1      For the purposes of this clause:

 

"Employee" means and includes employees as defined in clause 2 and special job creation and training program personnel.

 

"Supervision" means, in addition to normal supervisory responsibilities, the assessment, evaluation and training of employees and volunteers.

 

3.2      A role falling within the scope of this Award shall have assigned to it a classification level determined in accordance with:

 

(a)       the classification standards detailed below; and

 

(b)       where such a system has been implemented, the accredited job evaluation system implemented in the Administrative Unit.

 

3.3      The following classification levels will apply in each Administrative Unit:

 

Level 1

 

Roles established at this level are to be used to accommodate employees employed for limited periods of time on special training programs. An employee assigned to a role established at Level 1 of this Award will:

 

(a)       work under close direct supervision and therefore will not be required to use individual judgement in following direction; and

 

(b)       have, as a minimum, basic communication skills and the ability required to:

 

(i)        perform basic tasks (such as digging and weeding) using basic hand tools or equipment (such as spades and picks) for which either no previous training or experience is required or for which no detailed on-the-job training will be required; and

 

(ii)      communicate with supervisors and peers;

 

(c)       be prepared to undertake the introductory technical and non-technical training modules.

 

Level 2

 

An employee assigned to a role established at Level 2 of this Award will:

 

(a)       work under general supervision and therefore will not be required to exercise individual judgement in following direction; and

 

(b)       have completed the TAFE Horticultural Skills 1 technical and the introductory non-technical training modules, or be able to demonstrate equivalent prior learning, so that they have the basic communication skills and other skills and relevant experience required to:

 

(i)        perform basic work processes (such as mowing, planting, trenching) using equipment requiring basic training (such as brush cutters, cement mixers, power tools); and

 

(ii)      communicate with supervisors and other employees; and/or

 

(iii)     communicate non-technical information to the public.

 

Level 3

 

An employee assigned to a role established at Level 3 of this Award will:

 

(a)       work under minimal supervision and therefore be required to exercise limited individual judgement in following instructions; and

 

(b)       have completed the TAFE Horticultural Skills 2 technical training modules and fundamental non-technical training modules, or be able to demonstrate equivalent prior learning and possess, if required, a current Class C driver's licence, so that they have the basic communication skills and other skills and relevant experience required to:

 

(i)        perform work processes of limited complexity (such as framework, concrete finishing, bitumening, soil mixing, potting) using equipment of limited complexity (such as chainsaws, soil mixing and pasteurising equipment, tractors, vehicles up to two tonnes, ride-on mowers, street sweepers) requiring detailed training but not requiring special licences; and

 

(ii)      communicate with supervisors and other employees; and/or

 

(iii)     communicate non-technical information to the public.

 

Level 4

 

An employee assigned to a role established at Level 4 of this Award will:

 

(a)       work under minimal supervision and therefore be required to exercise independent judgement at a semi-trade level or in routine security or law enforcement procedures; and

 

(b)       have completed the TAFE Horticultural Skills 3 technical and fundamental non-technical training modules, or be able to demonstrate equivalent prior learning, and possess the special licences and basic communication skills and other skills and relevant experience required to:

 

(i)        perform work processes at semi-trade level (such as construction, stone work, pesticide spraying, garden bed preparation); and/or

 

(ii)      operate complex equipment requiring special licences or certificates (such as trucks over two tonnes, front-end loaders); and/or

 

(iii)     perform routine security or law enforcement procedures (such as locking and unlocking of buildings, general ground patrol, cash escort); and

 

(iv)     communicate with supervisors and other employees and to pass on instructions to apprentices and/or to communicate non-technical information to the public.

 

Level 5

 

An employee assigned to a role established at Level 5 of this Award will:

 

(a)       work under minimal supervision and therefore be required to exercise independent judgement at trade level, or have the ability to undertake management of a stores area, or in routine security or law enforcement procedures; and

 

(b)       have a recognised horticultural trades certificate or equivalent and have completed the transitional non-technical training modules, or be able to demonstrate equivalent prior learning and possess the relevant licences, or have demonstrated experience in stock control, purchasing procedures and management of government stores, so that they have the developed communication and interpretation skills and other skills and relevant experience required to:

 

(i)        perform trade level horticultural duties; and/or

 

(ii)      maintain security or law enforcement in low risk areas; and/or

 

(iii)     manage a store of a park or garden; and/or

 

(iv)     perform visitor service duties; and/or

 

(v)       supervise apprentices;

 

(vi)     communicate with supervisors and other employees; and/or

 

(vii)    communicate semi-technical information to the public.

 

Level 6

 

An employee assigned to a role established at Level 6 of this Award will:

 

(a)       work under minimal supervision and therefore be required to exercise independent judgement at an advanced trade or stores management level and exercise initiative with regard to matters of minor complexity; and

 

(b)       have a recognised horticultural trades certificate or equivalent and have completed the transitional non-technical training modules, or be able to demonstrate equivalent prior learning, so that they have the developed communication skills, interpretation skills and other skills and relevant experience required to:

 

(i)        perform advanced trade level horticultural duties (such as development of botanical collections including detailed plant recording and documentation, field collection); or

 

(ii)      maintain security or law enforcement in high risk areas; and/or

 

(iii)     manage a store of a park or garden; and/or

 

(iv)     supervise apprentices and/or other employees; and

 

(v)       communicate with supervisors and other employees; and/or

 

(vi)     communicate semi-technical information to the public.

 

Level 7

 

An employee assigned to a role established at Level 7 of this Award will:

 

(a)       work independently on assigned specialist work and/or lead a small work team on assigned work and therefore be required to exercise independent judgement and to be accountable for work performance; and

 

(b)       have a recognised horticultural trades certificate and have completed the intermediate non-technical training modules, or be able to demonstrate equivalent prior learning, so that they have the skills and relevant supervisory experience required to:

 

(i)        manage a small specialist plant collection or work area (specialising in fields such as security or law enforcement procedures, interpretation, or recreation planning, management of a store of a large park or garden) as an individual or as the team leader of a small team of employees (normally less than 6 employees) supervising and training employees; and

 

(ii)      be accountable for completion of work to agreed standards; and/or

 

(iii)     solve technical problems of limited complexity; and

 

(iv)     document and communicate technical data and information to other employees and/or the public.

 

Level 8

 

An employee assigned to a role established at Level 8 of this Award will:

 

(a)       work independently on assigned specialist work and/or lead a work team on assigned work and therefore be required to exercise independent judgement and to be accountable for work performance; and

 

(b)       have a recognised horticultural trades certificate and have completed the intermediate non-technical training modules, or be able to demonstrate equivalent prior learning, or have demonstrated experience in running a store of a large park or garden, so that they have the skills and relevant supervisory experience required to:

 

(i)        manage a specialist garden or work area (specialising in fields such as security or law enforcement, interpretation, or recreation planning, manage a store in a large park or garden) as an individual or as the leader of a team of employees (normally more than 5 employees) supervising and training employees; and

 

(ii)      be accountable for completion of work to agreed standards and/or

 

(iii)     solve technical problems of some complexity; and

 

(iv)     document and communicate technical data and information to employees and/or the public.

 

Level 9

 

An employee assigned to a role established at Level 9 of this Award will:

 

(a)       work independently on assigned specialist work programs or projects or manage a small number (normally up to four) of work teams; and

 

(b)       exercise independent judgement in areas of management and/or technical expertise; and

 

(c)       have a recognised horticultural trades certificate (or a recognised qualification such as interpretation or recreation planning or security) and have completed the advanced non-technical training modules, or be able to demonstrate equivalent prior learning, so that they have the high level of technical and/or organisational and project co-ordination and well developed supervisory skills and relevant experience required to:

 

(i)        manage works programs or projects; and

 

(ii)      supervise employees; and

 

(iii)     be accountable for completion of work to agreed standards, time frames and budgets; and

 

(iv)     provide advice on technical matters and/or communicate technical information to the public.

 

Level 10

 

An employee assigned to a role established at Level 10 of this Award will:

 

(a)       work independently on assigned specialist work programs or projects or manage several (normally up to five or more) work teams; and

 

(b)       exercise independent judgement in areas of management and/or technical expertise; and

 

(c)       have a recognised horticultural trades certificate or equivalent (or a recognised qualification such as interpretation or recreation planning or security) and have completed the advanced non-technical training modules, or be able to demonstrate equivalent prior learning, so that they have the high level technical, organisational and project co-ordination and well developed supervisory skills required to:

 

(i)        manage works programs or projects; and

 

(ii)      supervise employees; and

 

(iii)     be accountable for completion of work of technical complexity to agreed standards, time frames and budgets; and

 

(iv)     provide advice on technical matters and/or communicate technical information to the public.

 

Level 11

 

An employee assigned to a role established at Level 11 of this Award will:

 

(a)       work independently developing and implementing specialist projects or programs and/or manage a number of specialists or work teams; and

 

(b)       exercise independent judgement in areas of management and/or technical expertise; and

 

(c)       have a recognised horticultural trades certificate or equivalent (or a recognised qualification, such as interpretation or recreation planning or security) and have completed the advanced non-technical training modules, or be able to demonstrate equivalent prior learning, so that they have the high level technical skills and knowledge and high level works organisation and management skills and relevant experience required to:

 

(i)        manage major projects or programs, developing and co-ordinating works programs and schedules; and

 

(ii)      supervise employees; and

 

(iii)     be accountable for meeting agreed standards, time frames and budgets; and

 

(iv)     provide advice on technical matters and/or communicate technical information to the public.

 

Level 12

 

An employee assigned to a role established at Level 12 of this Award will:

 

(a)       have a recognised trades certificate or equivalent (or a recognised qualification, such as interpretation or recreation planning or security), or be able to demonstrate equivalent prior learning, so that they have the superior level of works organisation and management skills and relevant experience required to:

 

(i)        manage the overall functions of a small park or garden which has a small but varied plant collection and/or small turf management areas and related infrastructure, where management issues are of a minor complexity (such as low visitation and recreational demands, no or few lessees or licensees operating); and

 

(ii)      approve works programs and projects and allocate resources and set priorities; and

 

(iii)     monitor performance against agreed standards, time frames and budgets; and

 

(iv)     take overall responsibility for the employees in a park or garden, including supervision, motivation, training and development, and work health and safety strategies; and

 

(v)       represent the organisation.

 

Level 13

 

An employee assigned to a role established at Level 13 of this Award will:

 

(a)       have a recognised trades certificate or equivalent (or a recognised qualification, such as interpretation or recreation planning or security), or be able to demonstrate equivalent prior learning, so that they have the superior level of works organisation and management skills and relevant experience required to:

 

(i)        manage the overall functions of a park or garden which has either:

 

a large and diverse plant collection or large turf management areas and related infrastructure where management issues are of minor complexity (such as low visitation and recreational demands, a large number of lessees or licensees operating) or

 

a small but varied plant collection and/or small turf management areas where management issues are of considerable complexity (such as large visitation and recreational demands, a large number of lessees or licensees operating, or there is a high level of political sensitivity attached to the park or garden); and

 

(ii)      approve works programs and projects and allocate resources and set priorities; and

 

(iii)     monitor performance against agreed standards, time frames and budgets; and

 

(iv)     take overall responsibility for the employees in a park or garden, including supervision, motivation, training and development, and work health and safety strategies; and

 

(v)       represent the organisation.

 

Level 14

 

An employee assigned to a role established at Level 14 of this Award will:

 

(a)       have a recognised trades certificate or equivalent (or a recognised qualification, such as interpretation or recreation planning or security), or be able to demonstrate equivalent prior learning, so that they have the superior level of works organisation and management skills and relevant experience required to:

 

(i)        manage the overall functions of a large park or garden which has either:

 

a large and diverse collection of plants, where management issues are of some complexity (such as high visitation and recreational demands); or

 

a large number of simple lease and licence arrangements, and there is some political sensitivity attached to the park or garden; and

 

(ii)      approve works programs and projects and allocate resources and set priorities; and

 

(iii)     monitor performance against agreed standards, time frames and budgets; and

 

(iv)     take overall responsibility for the employees in a park or garden, including supervision, motivation, training and development, and work health and safety strategies; and

 

(v)       represent the organisation.

 

Level 15

 

An employee assigned to a role established at Level 15 of this Award will:

 

(a)       have a recognised trades certificate or equivalent (or a recognised qualification, such as interpretation or recreation planning or security), or be able to demonstrate equivalent prior learning, so that they have the superior level of works organisation and management skills and relevant experience required to:

 

(i)        manage the overall functions of a large park or garden which has a large and diverse collection of plants, where management issues are of considerable complexity (such as high visitation and recreational demands, large and complex lease or licence arrangements and there is a high level of political sensitivity attached to the park or garden); and

 

(ii)      approve works programs and projects and allocate resources and set priorities; and

 

(iii)     monitor performance against agreed standards, time frames and budgets; and

 

(iv)     take overall responsibility for the employees in a park or garden, including supervision, motivation, training and development, and work health and safety strategies; and

 

(v)       represent the organisation.

 

4.  Progression

 

4.1      Assignment to vacant roles, other than progression through broad banded positions, shall be merit-based.

 

4.2      Progression through levels where there are broad banded roles established within Levels 2 to 15 shall be subject to satisfactory conduct and performance and the employee acquiring the skills and demonstrating the ability to perform the tasks defined for the next level and where those tasks are required to be performed.

 

4.3      The assessment of the suitability of an employee to progress to the next level within an established broad banded role shall normally be undertaken one month prior to the anniversary of the employee's assignment to Year 2 salary rate of their current level. The employee may also make application for progression at any other time at the discretion of the Director.

 

4.4      The initial assessment shall be made by the employee's supervisor and reviewed by another more senior officer from the Administrative Unit. Once this has been undertaken the assessment is forwarded to the Director or the Director's nominee for approval. An Assessment Committee will be convened only in cases where the assessing officers recommend not to approve the employee's progression.  In such cases the Assessment Committee will convene within one month of the assessing officer's decision and will review the decision and make recommendations to the Director regarding the employee's suitability for progression.

 

4.5      Progression from Year 1 to Year 2 within levels shall be by way of an annual increment.  It is subject to satisfactory conduct and performance, as certified by the employee's supervisor and approval by the Director or the Director's nominee. The assessment of the employee's suitability for incremental progression shall normally be undertaken one month prior to the anniversary of their assignment to their current level. The employee must be promptly notified in writing by the Director or the Director's nominee of any decision to defer payment of an increment.

 

4.6      An employee shall have the right of internal appeal to the Director on progression matters through the established grievance procedures as set out in clause 5 - Appeals Mechanism.  If the matter cannot be resolved through this process, the employee may apply to the Director to appoint another Assessment Committee, whose representatives differ from the original committee, to review the matters raised and to make recommendations to the Director.

 

4.7      Nothing in this clause shall preclude an employee from exercising their right, where applicable, of an external appeal to the Industrial Relations Commission of New South Wales.

 

5.  Appeals Mechanism

 

5.1      An employee of the Botanic Gardens and Centennial Parklands, the Sydney Olympic Park Authority or the Parramatta Park and Western Sydney Parklands Trusts shall have the right to appeal any decision made by their Agency in relation to their performance assessment review or in relation to promotion on merit from one level to another where this is available under the provisions of this Award.

 

5.2      Employees shall submit a written submission outlining their case to the Director within 28 days of the decision being appealed.

 

5.3      The Director shall constitute an appeals committee made up of one management representative, one relevant Association representative and one peer who is acceptable to both management and the Association.

 

5.4      The appeal shall be heard within 28 days of it being lodged and the recommendation of the committee shall be forwarded to the Director or the Director's nominee.

 

5.5      The decision of the Director or the Director's nominee shall be forwarded to the employee concerned within seven working days of the appeal being heard.

 

5.6      Nothing in this appeals mechanism restricts a right of appeal to the Industrial Relations Commission of New South Wales. It would be expected that the appeals mechanism would be utilised prior to a formal appeal.

 

6.  Salaries

 

6.1      The salaries rates are set out in Table A of Part B, Monetary Rates of this Award.

 

6.2      The salary rates are set in accordance with the Crown Employees (Public Sector - Salaries 2019) Award or any variation or replacement Award.

 

7.  Hours of Work

 

7.1      The ordinary working hours shall be an average of 38 per week and be worked in accordance with the following provisions for a four-week work cycle:

 

(a)       the ordinary working hours shall be worked as twenty-day, four week cycle, Monday to Sunday, inclusive, with nineteen working days of eight hours each. These hours shall be between 6:00 a.m. and 6:00 p.m., except in the case of Rangers, whose spread of hours shall be 6:30 a.m. to 10:00 p.m. 0.4 of one hour on each day worked will accrue as an entitlement to take one rostered day off in each work cycle as a day off paid for as though worked.

 

(b)       the day off shall in all cases be on a rostered basis, and be subject to management's prerogative to best suit the working needs of the organisation.

 

7.2      The Administrative Unit may require an employee to perform duties beyond the hours determined under this clause but only if it is reasonable for the employee to do so. An employee may refuse to work additional hours in circumstances where the working of such hours would result in the employee working unreasonable hours. In determining what is unreasonable the following factors shall be taken into account:

 

(a)       the employee’s prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study arrangements;

 

(b)       any risk to employee health and safety;

 

(c)       the urgency of the work required to be performed during additional hours, the impact on the operational commitments of the organisation and the effect on client services;

 

(d)       the notice (if any) given by the Administrative Unit regarding the working of the additional hours, and by the employee of their intention to refuse the working of additional hours; or

 

(e)       any other relevant matter.

 

8.  Conditions of Employment

 

The employees 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 are provided for under the Government Sector Employment Act 2013, the Government Sector Employment Regulation 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.

 

9.  Grievance and Dispute Settling Procedures

 

9.1      All grievances and disputes relating to the provisions of this Award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the Administrative Unit, if required.

 

9.2      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.

 

9.3      Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977 that makes it impractical for the employee to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Director or delegate.

 

9.4      The immediate manager, or other appropriate officer, shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

9.5      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 (2) working days, or as soon as practicable.  The employee may pursue the sequence of reference to successive levels of management until the matter is referred to the Director.

 

9.6      The Director may refer the matter to the Secretary for consideration.

 

9.7      If the matter remains unresolved, the Director 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 action, in relation to the matter.

 

9.8      An employee, at any stage, may request to be represented by the Association.

 

9.9      The employee or the Association on their behalf or the Director may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

9.10    The employee, Association, Administrative Unit and the Secretary shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

9.11    Whilst the procedures outlined in sub-clauses 9.1 to 9.10 of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving work health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any employee or member of the public.

 

10.  Deduction of Union Membership Fees

 

10.1    The Association shall provide a schedule setting out Association fortnightly membership fees payable by members of the Association in accordance with the Association’s rules.

 

10.2    The Association shall advise the Administrative Unit 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 at least one month in advance of the variation taking effect.

 

10.3    Subject to subclauses 10.1 and 10.2 of this clause, Association fortnightly membership fees shall be deducted from the pay of any employee who is a member of the Association in accordance with the Association’s rules, provided that the employee has authorised the employer to make such deductions.

 

10.4    Monies so deducted from the 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’ Association membership accounts.

 

10.5    Unless other arrangements are agreed with the Association, all Association membership fees shall be deducted on a fortnightly basis.

 

10.6    Where an employee has already authorised the deduction of Association 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.  Consultative Committee

 

11.1    Joint Consultative Committee sub-committees shall be established to monitor the implementation of this Award.

 

11.2    The committees shall consist of a representative of management and a representative of the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales, the latter chosen at the Association's discretion.

 

12.  Anti-Discrimination

 

12.1    It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

12.2    It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

12.3    Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

12.4    Nothing in this clause is to be taken to affect:

 

(a)       any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)       offering or providing junior rates of pay to persons under 21 years of age;

 

(c)       any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)       a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

12.5    This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

12.6    Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

12.7    Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

13.  Area, Incidence and Duration

 

13.1    This Award applies to all classifications referred to in the Area, Incidence and Duration clause of the former Crown Employees (Parks and Gardens - Horticulture and Rangers Staff) Award 2007 and also to the classification of Purchasing/Stores Officer, Royal Botanic Gardens, Sydney and Purchasing/Stores Officer, Royal Botanic Gardens, Mount Annan.

 

13.2    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Parks and Gardens - Horticulture and Rangers Staff) Award 2007 published 21 October 2016 (380 I.G. 1256), as varied.

 

13.3    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 12 August 2019.

 

13.4    This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART b

 

MONETARY RATES

 

Table A - Salary Rates

 

Classification

Common

2.5% increase effective from the first full

 

Salary Point

pay period on or after 01.07.19

 

 

Per Annum

 

 

$

Horticultural Apprentice Year 1

-

28,928

Horticultural Apprentice Year 2

-

38,294

Horticultural Apprentice Year 3

-

48,214

Horticultural Apprentice Year 4

27

54,640

Level 1

15

47,561

Level 2, Year 1 (Minimum)

23

52,810

Level 2, (Maximum)

26

54,204

Level 3 Year 1, (Minimum)

30

56,144

Level 3, (Maximum)

34

58,144

Level 4, Year 1, (Minimum)

38

60,273

Level 4, (Maximum)

41

62,088

Level 5, Year 1, (Minimum)

45

64,285

Level 5, (Maximum)

48

66,003

Level 6, Year 1, (Minimum)

51

67,853

Level 6, (Maximum)

54

69,733

Level 7, Year 1, (Minimum)

57

71,711

Level 7, (Maximum)

60

73,855

Level 8, Year 1, (Minimum)

63

76,191

Level 8, Maximum 

67

79,297

Level 9, Year 1, (Minimum)

71

82,406

Level 9, (Maximum)

75

85,488

Level 10, Year 1, (Minimum)

78

88,184

Level 10, (Maximum)

81

90,661

Level 11, Year 1, (Minimum)

89

98,129

Level 11, (Maximum)

95

104,226

Level 12, Year 1, (Minimum)

109

119,685

Level 12, (Maximum)

112

123,229

Level 13, Year 1, (Minimum)

115

126,843

Level 13, (Maximum)

118

130,647

Level 14, Year 1, (Minimum)

121

134,667

Level 14, (Maximum)

124

138,830

Level 15, Year 1, (Minimum)

127

143,370

Level 15, (Maximum)

130

148,134

 

 

 

P. M. KITE, Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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