Crown Employees Sound Reporters Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 135349 of 2019)
|
Before Chief Commissioner Kite
|
29 August 2019
|
REVIEWED
AWARD
PART A - INTRODUCTION, INTENTIONS AND COMMITMENTS, PARTIES,
ARRANGEMENT AND DEFINITIONS
1. Arrangement
PART A - INTRODUCTION, INTENTIONS AND COMMITMENTS,
PARTIES, ARRANGEMENT AND DEFINITIONS
Clause No. Subject
Matter
1. Arrangement
2. Introduction,
Intentions and Commitments, Parties
3. Definitions
PART B - ARRANGEMENTS FOR SALARY AND CLASSIFICATION
LEVELS
4. Salary
and Classification Levels for Multi-Skilled Reporters and Sound Reporters Dual
Remote
5. Competencies
required of Multi-Skilled Sound Reporters and Sound Reporters Dual Remote.
6. Progression
of Multi-Skilled Sound Reporters and Sound Reporters Dual Remote
7. Variation
of Employment Conditions
8. Benefits
and Efficiencies
PART C - TECHNOLOGICAL CHANGES
9. Response
to Technological Changes
PART D - DISPUTE RESOLUTION, ANTI-DISCRIMINATION,
Workplace HEALTH AND SAFETY, INCIDENCE AND DURATION
10. Grievance
and Dispute Settling Procedures
11. Anti-Discrimination
12. Workplace
Health and Safety
13. Crown
Employees (Conditions of Employment) Award 2009 to Apply
14. Area,
Incidence and Duration
2. Introduction,
Intentions and Commitments, Parties
2.1 This Award shall
be known as the "Crown Employees (Sound Reporters) Award ".
2.2 The intentions
and commitments of this Award are to:
2.2.1 Provide a link
between the competencies and the salaries of employees being trained for and
holding the positions of Multi-Skilled Sound Reporter and Sound Reporter Dual
Remote.
2.2.2 Provide the
competencies, which must be held by each employee in order to progress through
the classification structure.
2.3 The parties to
this Award are the Department of Communities and Justice (Courts, Tribunal and
Service Delivery Division), the Public Service Association and Professional Officers'
Association Amalgamated Union of New South Wales.
2.4 This Award shall
be in four parts as follows:
Part A - Introduction, Intentions and Commitments,
Parties, Arrangement and Definitions
Part B - Arrangements for Salary and Classification
Levels
Part C - Technological Changes
Part D - Dispute Resolution, Anti-Discrimination,
Workplace Health and Safety, Incidence and Duration.
3. Definitions
"Act" means the Government Sector Employment Act 2013.
"Association" means the Public Service Association
and Professional Officers Association Amalgamated Union of New South Wales.
"Competencies" means the list of skills which must
be possessed by the individual at the time of recruitment or acquired during
the training period.
"Continuous Monitoring" means the actual recording
of proceedings before two or more Courts or Tribunals simultaneously.
"Micro pauses" form part of the continuous period.
"Department" means the Department of Communities
and Justice (Courts, Tribunals and Service Delivery Division)
"Departmental standards" means the standards
agreed to by the Department and the Association which form the basis for the
production of transcript and monitoring and logging of proceedings.
"PSC" means the Public Service Commission, as
established under the Government Sector
Employment Act 2013.
"Log Notes" means the written or electronic
record of the progress of proceedings.
"Monitoring" means to record the proceedings.
"Multi-Skilled Sound Reporter" means a
reporter trained and able to perform the duties of both monitoring and logging
court proceedings and transcribing court proceedings.
"Recruitment" means merit based recruitment
in accordance with the provisions of the Government
Sector Employment Act 2013.
“Remote Monitoring” means records from two or more
court proceedings from a location outside the courtroom and monitors and logs
to ensure that the transcription of proceedings meets Departmental Standards
"Reporting Services Branch" means a business
centre of the Department of Communities and Justice.
"Sound Reporter Dual Remote" means a
Multi-Skilled Sound Reporter who accurately records two or more court
proceedings from a location outside the courtroom and monitors and logs to
ensure that the transcription of proceedings meets Departmental Standards.
"Sound Reporter (monitor)" means a sound
reporter who is trained and able to perform the duty of monitoring and logging
court proceedings only.
"Sound Reporter (typist)" means a sound
reporter who is trained and able to perform the duty of transcribing court
proceedings only.
"Trainee Multi-Skilled Sound Reporter" means
a temporary member of staff under a contract of employment who has gained a
position as a result of recruitment action and is undergoing training in both
monitoring and logging of court proceedings and the transcription of court
proceeding.
"Transcribe" means to produce a typed record
of recorded proceedings.
PART B - ARRANGEMENTS FOR SALARY AND CLASSIFICATION LEVELS
4. Salary and
Classification Levels for Multi- Skilled Reporters and Sound Reporters Dual
Remote
4.1 The following
salary and classification structure will apply to those persons who are
successful in being employed to the following positions:
|
Classification
Level
|
Year
|
From first pay
period on or after
|
|
|
|
1/7/2019
|
|
|
|
$
|
|
Trainee Multi-Skilled Sound Reporter
|
1
|
64,779
|
|
Multi-Skilled Sound Reporter
|
2
|
68,543
|
|
Multi-Skilled Sound Reporter
|
3
|
70,425
|
|
Multi-Skilled Sound Reporter
|
4
|
72,418
|
|
Multi-Skilled Sound Reporter
|
5
|
74,603
|
|
Sound Reporter Dual Remote
|
|
76,931
|
4.2 All salary rates
will be set by the Crown Employees (Public Sector - Salaries 2019) Award and
any variation or replacement award. The rates contained in subclause 4.1 equate
to those of Clerk, Grade 1, first year of service, Clerk Grades 2 to 3, and Clerk
Grade 4, first year of service, of the Administrative and Clerical Officers -
Salaries schedule of that Award.
4.3 These salary
rates will be used to determine superannuation employer contributions made to
each employee under this Award.
5. Competencies
Required of Multi-Skilled Sound Reporters and Sound Reporters Dual Remote
5.1 The following
competencies must be met by Trainee Multi-Skilled Reporters to be eligible for
appointment as a Multi-Skilled Sound Reporter. Upon completion of training and
having met the following required competencies, permanent appointment will be
confirmed:
5.1.1 Keyboard typing
at fifty words per minute with ninety eight percent accuracy.
5.1.2 English literacy
skills including punctuation, grammar and spelling with seventy five percent
accuracy.
5.1.3 Satisfactorily
transcribe five minutes from live court proceedings.
5.1.4 Undertake
operation of in-court recording equipment to Departmental standards.
5.1.5 Keep monitoring
log notes to Departmental standards.
5.1.6 Produce
transcription production to Departmental standards.
5.1.7 Demonstrate
satisfactory conduct and services including the ability to work in a team, the
ability to work in a high volume and demanding environment and the ability to
follow reasonable instructions.
5.2 Trainee
Multi-Skilled Sound Reporters who are able to demonstrate all the competencies
listed in subclause 5.1 of this Award, at the conclusion of the training
period, will be appointed as Multi-Skilled Sound Reporter Year 2, in accordance
with subclause 4.1 of this Award.
5.3 In addition to
the competencies to be met for the position of Multi-Skilled Sound Reporter,
listed in subclause 5.1 of this Award, the following competencies must be met
to qualify for appointment to the position of Sound Reporter Dual Remote:
5.3.1 Demonstrated
ability to monitor proceedings in two or more courts simultaneously while
maintaining concentration over protracted periods of time subject to the
provisions of Clause 12 of this Award.
5.3.2 Demonstrated superior
knowledge of court room procedure.
5.3.3 Demonstrated
ability to work in isolation whilst monitoring and transcribing.
5.3.4 Demonstrated
ability to understand diverse voices, accents, languages, and meanings in the
court.
5.3.5 Demonstrated ability
to work in the limited confines of a remote booth while maintaining physical
dexterity.
5.4 Other
competencies may be added to the position of Sound Recorder Dual Remote by
agreement between the Department and the Association as the position of Sound
Reporter Dual Remote evolves.
6. Progression of
Multi-Skilled Sound Reporters and Sound Reporters Dual Remote
6.1 Progression
through Years 2 to 5 as shown in subclause 4.1 of this Award will be
incremental and dependent upon satisfactory performance and conduct.
6.2 Incremental
progression will be in accordance with the Government Sector Employment
Regulation 2014.
6.3 Multi-Skilled
Sound Reporters employed by the Department as Clerk Grade 1 at the time this
Award takes effect will automatically progress to Multi-Skilled Sound Reporter
Year 2, as set down in subclause 4.1 of this Award.
6.4 Multi-Skilled
Sound Reporters employed by the Department as Clerk Grade 2 and being paid at
the maximum rate at the time this Award takes effect will automatically
progress to Multi-Skilled Sound Reporter Year 4, as set down in subclause 4.1
of this Award.
6.5 Multi-Skilled
Sound Reporters employed by the Department as Clerk Grade 2 and being paid at
the minimum rate at the time this Award takes effect will automatically
progress to Multi-Skilled Sound Reporter Year 3, as set down in subclause 4.1
of this Award.
6.6 Employees of the
Department who are qualified as Multi-Skilled Sound Reporters will be eligible
to apply for the advertised positions of Sound Reporter Dual Remote. Multi-Skilled Sound Reporters will only
progress to this level upon merit based appointment.
6.7 Applications for
the positions of Sound Reporter Dual Remote will be on a voluntary basis.
6.8 External
applicants may also apply and be recruited by the Department to be trained for
the position of Sound Reporter Dual Remote. The Department will invite
applications internally in the first instance in any recruitment process. Where
the Department is unable to attract a sufficient field of applicants for the
positions of Sound Reporter Dual Remote, external recruitment will proceed.
Successful external applicants for the position of Sound Reporter Dual Remote
will be eligible for temporary appointment at Year 1 as set down in subclause
4.1 of this Award. Upon completion of training and having attained all the
required competencies set down in this Award, remuneration will be at the level
of Sound Reporter Dual Remote.
7. Variation of
Employment Conditions
7.1 Subject to the
satisfactory conduct and performance of duties, the Department will not take
any action to vary the employment of a Multi-Skilled Sound Reporter whilst
there remains work to be performed which is associated with the duties of the
Multi-Skilled Sound Reporter position.
If the situation occurs where the work to be performed by a
Multi-Skilled Sound Reporter no longer remains, the Department will follow the
prevailing policies and procedures.
7.2 The Department
may vary the location of the employment of Multi-Skilled Sound Reporters on a
needs basis and in accordance with the agreed terms of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 and other
applicable industrial instruments.
7.3 Any internal
applicant who is appointed to the position of Sound Reporter Dual Remote on the
basis of competitive merit selection may return to their position which they
occupied immediately before being appointed to a Sound Reporter Dual Remote at
their request immediately if made within one month of their appointment.
7.4 Any appointee
returning to their former position in accordance with subclause 7.3 of this
Award will return to the grade and salary level which applied to them
immediately before being appointed to the Sound Reporter Dual Remote position.
8. Benefits and
Efficiencies
8.1 It is
acknowledged by all parties to this Award that the following benefits and
efficiencies will be achieved as a result of the effect of this Award:
8.1.1 Ability to
convert Multi-Skilled Sound Reporter positions to Sound Reporter Dual Remote
positions.
8.1.2 Reduction in the
use of private contractors to undertake the work performed by staff covered by
this Award
8.1.3 Improved staff
skill development.
8.1.4 Creation of a
progressive career path for employees.
8.1.5 Implementation of
new technology.
PART C - TECHNOLOGICAL CHANGES
9. Response to
Technological Changes
9.1 Technological
change affects directly the service provided by the Reporting Services Branch
("RSB"), including the way the business is conducted, the scope and
number of positions providing the service and the manner in which work is
organised. It is vital to the ongoing success of RSB that opportunities
presented by technology be identified and introduced continually. To enable
this, Parties to this Award agree to:
9.1.1 In consultation
with the Association, review the business whenever significant technological
change occurs.
9.1.2 The review
process will take into account the changes technology has brought to the
business and the probable changes that technology may bring about in the next
two year period.
9.1.3 Continually
evaluate emerging technology and work practices in consultation with the
Association, with a view to implementing these throughout the business.
9.1.4 Regular
benchmarking exercises will be conducted to ensure that best practice in the
delivery of reporting services is attained, consistent with the objectives of
subclause 9.1.3.
PART D - DISPUTE RESOLUTION, ANTI-DISCRIMINATION, WORKPLACE
HEALTH AND SAFETY, INCIDENCE AND DURATION
10. Grievance and
Dispute Settling Procedures
10.1 All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
Department, if required.
10.2 A staff member is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
10.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act, 1977) that makes it impractical for the staff member to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Agency Head or delegate.
10.4 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.
10.5 If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Agency
Head.
10.6 The Agency Head
may refer the matter to the Industrial
Relations Secretary for consideration.
10.7 If the matter
remains unresolved, the Agency 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.
10.8 A staff member,
at any stage, may request to be represented by the Association.
10.9 The staff member
or the Association on their behalf, or the Agency Head may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
10.10 The staff member,
Association, Department and Industrial
Relations Secretary shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
10.11 Whilst the
procedures outlined in subclauses 10.1 to 10.10 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 occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public.
11.
Anti-Discrimination
11.1 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.
11.2 It follows that
in fulfilling their obligations under clause 10 of 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 an application to vary
any provision of this Award, which by its terms or operation, has direct or
indirect discriminatory effect.
11.3 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.
11.4 Nothing in this
clause is 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) and/or a party
to this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
11.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
NOTES
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) Section 56(d)
of the Anti-Discrimination Act 1997
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."
12. Workplace Health
and Safety
12.1 Subject to the
outcome of any workplace health and safety risk assessment, the Department and
the Association agree that a Sound Reporter Dual Remote is entitled to a break
of two hours from continuous monitoring after four hours of continuous
monitoring.
12.2 During the break
from continuous monitoring referred to in subclause 12.1, a Sound Reporter Dual
Remote may be deployed to perform other duties at the direction of the
Department subject to the provisions of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009.
13. Crown Employees
(Public Service Conditions of Employment) Award 2009 to Apply
The provisions of the Crown Employees (Public Service
Conditions of Employment) Award 2009 will apply to this award. In the event of
corresponding clauses the Crown Employees (Tipstaves to Justices) Award will
supersede the Crown Employees (Public Service Conditions of Employment) Award
2009.
14. Area, Incidence
and Duration
14.1 This award will
apply to Sound Reporters employed by the Department of Communities and Justice
(Courts, Tribunals and Service Delivery Division)
14.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Crown Employees
Sound Reporters Award published 21
October 2016 (380 I.G. 1526), as varied.
14.3 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 29 August 2019.
14.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
P. M. KITE, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.