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Crown Employees Sydney Living Museums (Gardens - Horticulture and Trades Employees) Award 2016
  
Date09/24/2021
Volume390
Part4
Page No.490
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C9312
CategoryAward
Award Code 1625  
Date Posted09/28/2021

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(1625)

SERIAL C9312

 

Crown Employees Sydney Living Museums (Gardens - Horticulture and Trades Employees) Award 2016

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Case No. 180310 of 2021)

 

Before Commissioner Sloan

16 September 2021

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.        Subject Matter

 

1.        Title

2.        Definitions

3.        Salaries

4.        Conditions of Employment

5.        Classification Standards

6.        Progression

7.        Appeals Mechanism

8.        Grievance and Dispute Handling Procedures

9.        Anti-Discrimination

10.      Deduction of Union Membership Fees

11.      Consultative Committee

12.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Rates of Pay

 

PART A

 

1.  Title

 

This Award will be known as the Crown Employees Sydney Living Museums (Gardens - Horticulture and Trades Employees) Award 2016.

 

2.  Definitions

 

"Act" means the Government Sector Employment Act 2013.

 

"Association" means the Public Service Association and Professional Officers’ Association Amalgamated Unions of New South Wales.

 

"Broad Banded role" means a role whose grading, skills and range of duties extends beyond those defined for a single level and will occur in Levels 2 to 11 as determined by the Executive Director.

 

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

 

"Executive Director" means the Executive Director of the Sydney Living Museums.

 

"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 Executive Director.

 

3.  Salaries

 

The rates of pay for employees are set out in Part B - Monetary Rates, of this Award and are set in accordance with the Crown Employees (Public Sector - Salaries 2021) Award and any variation or replacement award.

 

4.  Conditions of Employment

 

All employees are employed under the Act and conditions of employment will be in accordance with the Act and Government Sector Employment Regulation 2014, the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and the Crown Employees (Public Sector - Salaries 2021) Award.

 

5.  Classification Standards

 

5.1      For the purpose 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.

 

5.2      A role falling within the scope of this Award will 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.

 

5.3      The following classification levels will apply:

 

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 other employees.

 

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

 

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, stonework, 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 and volunteers; and

 

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

 

(vii)    assist in conducting a guided tour; and/or

 

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

 

Level 6

 

The occupant of 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 level and exercise initiative with regard to matters of minor complexity; and

 

(b)      Have a recognised horticultural or carpentry 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)      Implement conditions of entry and liaise with relevant outside bodies where the safety of people or property is at risk; and/or

 

(iii)     Supervise apprentices, volunteers and/or other employees; and

 

(iv)     Communicate with supervisors and other employees; and/or

 

(v)       Conduct a guided tour; and/or

 

(vi)     Communicate semi-technical information and specific property interpretation 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;

 

(v)       participate in the development of tours or talks in conjunction with other relevant employees;

 

(vi)     present tours or talks to the public and/or specialist groups.

 

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)     develop and present tours or talks as a representative of the organisation; and

 

(v)       document and communicate technical data and information to fellow 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; and fellow employees; and.

 

(v)       develop and present specialist tours, talks or programs for the public and/or for outside groups/organisations.

 

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, fellow employees and outside specialist bodies.

 

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, peers, other employees and outside specialist bodies.

 

6.  Progression

 

6.1      Appointment to a vacant role, other than progression through broad-banded roles, will be by merit selection.

 

6.2      Progression through levels where there are broad-banded roles established within Levels 2 to 11, will 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.

 

6.3      The assessment of the suitability of an employee to progress to the next level within an established broad banded role will 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 Executive Director. The initial assessment will be made by the employee’s supervisor and forwarded to the Executive Director or another member of the Executive for approval.

 

6.4      Progression from Year 1 to Year 2 within levels will 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 Executive Director or the Executive Director's nominee. The assessment of the employee's suitability for incremental progression will 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 Executive Director or the Executive Director's nominee of any decision to defer payment of an increment.

 

6.5      An employee will have the right of internal appeal to the Executive Director on progression matters through the established grievance procedures as set out in clause 7 - Appeals Mechanism.

 

6.6      Nothing in this clause will preclude an employee from exercising their right of an external appeal to the NSW Industrial Relations Commission.

 

7.  Appeals Mechanism

 

7.1      An employee of Sydney Living Museums will 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 provision of this Award.

 

7.2      An employee must submit a written submission outlining their case to the Executive Director within twenty-eight (28) days of the decision being appealed.

 

7.3      The Executive Director will constitute an Appeals committee made up of one (1) management representative, one (1) relevant Public Service Association representative and one (1) peer who is acceptable to both Management and the Association.

 

7.4      The appeal must be heard within twenty-eight (28) days of it being lodged and the recommendation of the committee will be forwarded to the Executive Director.

 

7.5      The decision of the Executive Director will be forwarded to the employee concerned within seven (7) days of the appeal being heard.

 

7.6      The appeals mechanism will not cover matters that are dealt with by the NSW Industrial Relations Commission.

 

8.  Grievance and Dispute Handling Procedures

 

8.1      The aim of this Procedure is to ensure that, during the life of this Award, industrial grievances or disputes are prevented, or resolved as quickly as possible, at the level at which they occur in the workplace.  For the purpose of this Procedure, industrial grievances are distinguished from a grievance dealt with under public sector grievance handling procedure (e.g. complaints or discrimination).

 

8.2      In the first instance, the employee/employees will notify (in writing or otherwise) the immediate supervisor, or other appropriate person, as to the substance of the grievance/dispute, request a bilateral meeting to discuss it, and state the remedy sought.

 

8.3      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 Executive Director or delegate.

 

8.4      The immediate supervisor, or other appropriate employee will convene a meeting in order to resolve the grievance/dispute within 48 hours (two (2) working days), or as soon as practicable, of the matter being brought to attention.

 

8.5      If the matter remains unresolved, the matter will be further discussed by the employee/employees and, at their request, the appropriate union delegate, the immediate supervisor, the supervisor's manager, and a more senior management representative. This should take place within 48 hours of the completion of step 8.4

 

8.6      If the matter remains unresolved and the employee/employees is/are union members, it should be discussed/ negotiated between representatives of the State Branch of the union(s) concerned, and relevant senior management of the employer. These actions should take place as soon as it is apparent that the earlier discussions will not resolve the grievance/dispute. In addition, in the case of a grievance, if the matter has not been resolved at the conclusion of this stage of discussions, the employer must provide a written response to the grievance, including reasons for not implementing any proposed remedy.

 

8.7      A matter relating to the conditions of employment fixed by this Award may be submitted by one or the other of the parties when all other steps 8.2 to 8.5 above, have been exhausted, to the relevant industrial tribunal which may exercise its functions under the Industrial Relations Act 1996.

 

8.8      Where the issue in dispute relates to a change of work or management practice, the pre-existing practice will be allowed to continue until the issue has been finally resolved. Neither party will be prejudiced as to the final settlement by the continuance of work in accordance with this sub-clause.

 

9.  Anti-Discrimination

 

9.1      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.

 

9.2      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.

 

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

 

9.4      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.

 

9.5      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.

 

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

 

9.7      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."

 

10.  Deduction of Union Membership Fees

 

(a)       The Association will provide the Trust with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the Association's rules.

 

(b)       The Association will advise the Trust 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 will be provided to the Trust at least one month in advance of the variation taking effect.

 

(c)       Subject to (a) and (b) above, the Trust will deduct Association fortnightly membership fees 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 Trust to make such deductions.

 

(d)       Monies so deducted from employee's pay will 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.

 

(e)       Unless other arrangements are agreed to by the Association and the Trust, all union membership fees will be deducted on a fortnightly basis.

 

(f)       Where an employee has already authorised the deduction of union membership fees from their 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 deductions to continue.

 

11.  Consultative Committee

 

11.1    The Sydney Living Museums’ Employee and Management Participation and Advisory Committee and the Joint Consultative Committee (JCC) will be used to monitor the implementation of this Award.

 

11.2    The Employee and Management Participation and Advisory Committee consists of, amongst other employees and management representatives, a representative of senior management and the Association delegate.

 

12.  Area, Incidence and Duration

 

12.1    This Award will apply to Horticultural and Trades employees of the Sydney Living Museums in the Department of Premier and Cabinet.

 

12.2    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees Sydney Living Museums (Gardens - Horticulture and Trades Employees) Award 2016 published 15 May 2020 (388 I.G. 272), as varied.

 

12.3    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 17 September 2021.

 

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

 

PART B

 

MONETARY RATES

 

Effective from the first pay period commencing on or after 1 July 2021.

 

Horticultural/Trades Officer

Existing Rates of Pay

Rates of Pay as at the first full pay period

 

as at 01.07.20

on or after 01.07.21

 

Per Annum

Per Annum

 

0.3%

2.04%

 

$

$

Level One

47,704

48,677

Level Two Year 1

52,968

54,049

Level Two Year thereafter

54,367

55,476

 

 

 

Level Three Year 1

56,312

57,461

Level Three Year thereafter

58,318

59,508

 

 

 

Level Four Year 1

60,454

61,687

Level Four Year thereafter

62,274

63,544

 

 

 

Level Five Year 1

64,478

65,793

Level Five Year thereafter

66,201

67,552

 

 

 

Level Six Year 1

68,057

69,445

Level Six Year thereafter

69,942

71,369

 

 

 

Level Seven Year 1

71,926

73,393

Level Seven Year thereafter

74,077

75,588

 

 

 

Level Eight Year 1

76,420

77,979

Level Eight Year thereafter

79,535

81,158

 

 

 

Level Nine Year 1

82,653

84,339

Level Nine Year thereafter

85,744

87,493

 

 

 

Level Ten Year 1

88,449

90,253

Level Ten Year thereafter

90,933

92,788

 

 

 

Level Eleven Year 1

98,423

100,431

Level Eleven Year thereafter

104,539

106,672

 

Apprentice Gardeners will be paid a percentage of the rate of pay applicable to Level Five, year 1:

 

Year One

=

45%

Year Two

=

60%

Year Three

=

75%

Year Four

=

85%

 

 

 

D. SLOAN, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

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