Crown Employees (Department of Planning, Industry
and Environment) Aboriginal Housing Award 2016
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 164562 of 2021)
Before Commissioner Sloan
|
3 November 2021
|
REVIEWED
AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Definitions
3. Statement
of Intent
4. Work
Environment
5. Anti-Discrimination
6. Grievance
and Dispute Resolution Procedures
7. Classifications
and Salary Structures
8. Working
Hours
9. Leave
10. Deduction
of Association Membership Fees
11. Review
Clause
12. Area,
Incidence and Duration
1. Title
This award will be known as the Crown Employees (Department of Planning, Industry and
Environment) Aboriginal Housing Award 2016.
2. Definitions
“Industrial Relations Secretary” means the Secretary of the
Department of Premier and Cabinet who is the person, within the meaning of the Government
Sector Employment Act 2013,
taken to be the employer of Public Service employees for industrial purposes.
“Department Head” means in the case of this Award, the
Secretary of the Department of Planning, Industry and Environment.
"Chief Executive" means the Chief Executive of the
Aboriginal Housing Office.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Employees" means all those persons who are
permanently or temporarily employed under the Government Sector Employment
Act 2013 and who are
employed in a classification under this award, except officers employed in the
Senior Executive Service.
3. Statement of Intent
3.1 This award aims
to provide appropriate, flexible workplace conditions within the Aboriginal
Housing Office (AHO) to ensure that the AHO can:
operate in accord with the provisions of the Aboriginal
Housing Act 1998;
provide its services efficiently and effectively to
meet the diverse interests and needs of its clients and stakeholders; and
ensure that the professionalism, dedication and
commitment of management and employees are recognised and valued.
In addition, this award is intended to facilitate and
support the employment of Aboriginal people within the AHO.
3.2 This Award
should be read in conjunction with the Memorandum of Understanding between the
AHO and the Association dated February 2000.
3.3 The Parties to
this Award are:
The Industrial Relations Secretary, Secretary of the
Department of Planning, Industry and Environment and Chief Executive of the
Aboriginal Housing Office, and
The Association on behalf of the employees of the
Aboriginal Housing Office.
4. Work Environment
4.1 The AHO will
meet its responsibilities with respect to the occupational health and safety of
AHO employees in accordance with the Work
Health and Safety Act 2011 and its associated regulations.
4.2 The AHO is
committed to equality of opportunity in employment and will seek to ensure that
this commitment is reflected in all its operations, within the framework of its
policy of seeking to maximise the sustainable employment of Aboriginal people
both within the AHO and within the Aboriginal housing sector.
4.3 The AHO will
require management and employees to meet their responsibilities under the Anti-Discrimination
Act 1977 to ensure that the AHO is a workplace free from harassment on the
grounds of sex, race, marital status, physical or mental disability, sexual
preference, transgender, age or responsibilities as a carer.
5. Anti-Discrimination
5.1 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.
5.2 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 that, by its
terms or operation, has a direct or indirect discriminatory effect.
5.3 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.
5.4 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.
5.5 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.
5.6
(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."
6. Grievance and
Dispute Resolution Procedures
6.1 All grievances and
disputes relating to the provisions of this award will 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.
6.2 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.
6.3 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 Department Head or delegate.
6.4 The immediate
manager, or other appropriate officer, will 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.
6.5 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 must 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 Department Head.
6.6 The Department
Head may refer the matter to the Industrial Relations Secretary for
consideration.
6.7 If the matter
remains unresolved, the Department Head will 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.
6.8 An employee, at
any stage, may request to be represented by the Association.
6.9 The employee or
the Association on their behalf, or the Department Head may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
6.10 The employee,
Association, department and Industrial Relations Secretary must agree to be
bound by any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
6.11 Whilst the
procedures outlined in subclauses 6.1 to 6.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or difficulty
will continue unless otherwise agreed between the parties, or, in the case
involving occupational health and safety, if practicable, normal work must
proceed in a manner which avoids any risk to the health and safety of any
employee or member of the public.
At any stage of this process either party may request
that the situation be referred to an independent mediator. Aboriginal employees have the right to have
the matter referred to an Aboriginal mediator if they request this.
7. Classifications and
Salary Structures
7.1 All AHO
employees will be paid in accordance with the salary structures set out in the Crown
Employees (Administrative and Clerical Officers - Salaries) Award 2007 and/or
the Crown Employees (Public Sector - Salaries 2021) Award or their successors.
7.2 AHO trainees
will be paid at the levels of salary established by the Clerks General Scale
set out in the Crown Employees (Administrative and Clerical Officers -
Salaries) Award 2007 or its successors, with previous years of paid employment
determining the salary up to a maximum of ten years.
7.3 At the time of
making this award, all employees are classified as Clerks. However, individual positions (and hence the
employees occupying those positions) will have a title which reflects the role
and functions of the position and which is meaningful to AHO clients and
stakeholders.
7.4 Incremental
progression for all employees will be subject to a satisfactory performance
report recommending progression.
8. Working Hours
8.1 Normal business
hours of the AHO will be 8.45 am to 5.00 pm.
8.2 Normal contract
hours for employees are 35 hours per week, Monday to Friday.
8.3 The following
provisions must be read and applied in conjunction with clause 11, Working
Hours of the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009.
8.3.1 A standard
working day is 9.00 am to 5.00 pm Monday to Friday
8.3.2 The bandwidth is
from 7.30 am to 6.00 pm. Bandwidth hours
may be varied to meet the needs of the AHO or the personal needs of the
employee by agreement between an employee and their manager, subject to
paragraph 8.3.5 and provided that changing the bandwidth does not incur
additional payments for overtime or meal allowance.
8.3.3 Coretime is
between 9.30 am and 3.30 pm. Coretime is the period during the day when all
employees are required to be on duty, unless on authorised leave. The lunch break is not part of coretime.
Coretime may be varied by agreement between an employee
and their manager, subject to paragraph 8.3.5. Where the bandwidth is
substantially varied in accordance with paragraph 8.3.2, coretime should
likewise be varied.
8.3.4 The lunch break
may be taken within the period between 11.30 am and 2.30 pm.
The minimum lunch period is 30 minutes, and the normal
lunch period is one hour.
An employee may, with the approval of their manager,
extend the lunch period up to 2½ hours, provided that this longer lunch break
does not prevent the proper functioning of their section.
8.3.5 A flexible and
adaptable approach to working hours will be adopted to meet peak work demands,
service delivery requirements, and the personal circumstances of AHO employees.
Flexible working hours will only be available on the
condition that an adequate service is maintained at all times. Services
provided by the AHO will not be withdrawn to accommodate the absence of
employees under any flexible working hours arrangements.
Flexible working hours arrangements are subject to
organisational requirements. An
employee’s attendance outside the hours of a standard work day, but within the
bandwidth must be subject to the availability of work.
9. Leave
9.1 Support will be
provided to Aboriginal employees with respect to their extended family,
cultural and ceremonial obligations and their involvement in their communities
through the approval of flex and other appropriate leave.
9.2 Leave will be
authorised and supported in accordance with clauses 67 to 84A of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its
replacement.
9.3 Flex leave
entitlements will be extended to accommodate and recognise additional hours
which may be required to be worked to meet the needs of the AHO, and to provide
greater flexibility to meet the personal needs of individual employees.
9.4 Flexible working
hours as defined in clause 21 of the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 are varied as follows:
A maximum of 18 flex days may be taken in a year. The year will commence with the first flex
period in July each year, and conclude at the end of the last flex period
commencing in June each year.
Up to 2 flex days may be taken in any flex period,
subject to paragraph 8.3.5 and the approval of the manager.
Flexitime credits in excess of 10 hours at the end of
each flex period may be saved up to a limit of 42 hours (6 days) being held at
any one time.
On one occasion in a year between 1 and 5 consecutive
days may be taken in addition to the 2 day/s available in the flex period,
subject to paragraph 8.3.5 and the approval of the manager.
Approval is required prior to granting any flex leave.
Five working days' notice is required when 2 or more flex days are
requested. This requirement may be
waived for exceptional circumstances.
10. Deduction of Association
Membership Fees
10.1 The Association
must provide the AHO with a schedule setting out union fortnightly membership
fees payable by members of the Association in accordance with the union’s
rules.
10.2 The Association
will advise the AHO of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of union fortnightly membership fees payable must be provided to
the AHO at least one month in advance of the variation taking effect.
10.3 Subject to
subclauses 11.1 and 11.2 of this clause, the AHO must deduct union fortnightly
membership fees from the pay of any employee who is a member of the Association
in accordance with the union’s rules, provided that the employee has authorised
the AHO to make such deductions.
10.4 Monies so
deducted from the employee’s pay must 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.
10.5 Unless other
arrangements are agreed to by the AHO and the Association, all union membership
fees will be deducted on a fortnightly basis.
10.6 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 will be read as
requiring the employee to make a fresh authorisation in order for such
deduction to continue.
11. Review Clause
Should there be any variation to the Crown Employees (Public
Sector - Salaries 2021) Award, or an Award replacing it, during the term of
this Award, by way of salary increase, or other benefit to the public service,
this award must be varied to give effect to any such salary increase, or other
benefit from the operative date of the variation of the former award, or
replacement award.
Employees are entitled to the conditions of employment
provided by this Award and by the Government
Sector Employment Act 2013 and its Regulation and Rules. The provisions of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009 or any replacement award,
also apply to employees covered by this Award, except where specifically varied
by this Award.
12. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
rescinds and replaces the Crown Employees
(Department of Planning, Industry and Environment) Aboriginal Housing Award
2016 published 22 May 2020 (388 I.G. 610), as varied.
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 3 November 2021.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
D. SLOAN, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.