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New South Wales Industrial Relations Commission
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Crown Employees (Department of Industry) Regulatory Officers Award
  
Date12/23/2021
Volume391
Part2
Page No.356
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C9355
CategoryAward
Award Code 055  
Date Posted12/23/2021

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(109)

SERIAL C9354

 

Crown Employees (Department of Industry) Local Coordinator Allowance Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Case No. 134819 of 2021)

 

Before Commissioner Sloan

27 September 2021

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.        Subject Matter

 

1.        Definitions

2.        Local Coordinator Allowance

3.        Saving of Rights

4.        Anti-Discrimination

5.        Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Allowances

 

Appendix 1 - Responsibility of a Local Coordinator

 

PART A

 

1.  Definitions

 

(i)       "Assignment to a role" will be determined by merit selection and by an expression of interest.  The period of assignment will be a three (3) year term or as determined by the Department.

 

(ii)      "Association" means the Public Service Association and the Professional Officers’ Association Amalgamated Union of New South Wales.

 

(iii)     "Department" means the NSW Department of Regional NSW or Department of Planning, Industry and Environment.

 

(iv)     "Facilities Coordinator" means a Local Coordinator who undertakes the duties listed under the heading of "Facilities Coordination" in Appendix 1.

 

(v)       "Industrial Relations Secretary" means the Secretary of the Department of Premier and Cabinet, or as otherwise defined in s.49(1) of the Government Sector Employment Act 2013.

 

(vi)     "Local Coordinator duties" will be determined from time to time by the Department.  As a guide, Appendix 1 indicates the current duties that are required to be performed by a Local Coordinator.

 

(vii)    "Local Coordinator" means a member of staff who is assigned to a role as such by the Department and carries out the duties of Local Coordinator as determined from time to time in a location.

 

(viii)   "Location" means an office, site or facility as determined by the Department.

 

(ix)     "Personnel Coordinator" means a Local Coordinator who undertakes the duties listed under the heading of "Personnel Coordination" in Appendix 1.

 

(x)       "Secretary" means the Secretary, Department of Regional NSW or the Secretary, Department of Planning, Industry and Environment, as specified in Schedule 1 of the Government Sector Employment Act 2013.

 

(xi)     "Staff Administered by Local Coordinator" will be the number of staff at the location for which the Local Coordinator is assigned responsibility. For the purpose of determining the applicable allowance payable for the ensuing year this number will be reassessed on the first day of March each year.

 

(xii)    "Staff" means all ongoing full time, ongoing part time and temporary staff assigned to a role by the Department, pursuant to the Government Sector Employment Act 2013.  Casuals, contractors or those participating in work experience are not included for the purpose of this award.

 

2.  Local Coordinator Allowance

 

This award is listed in Schedule A of the Crown Employees (Public Sector - Salaries 2021) Award and salaries payable to employees will be in accordance with that award or any award replacing it. The rates set out at Table 1 of Part B, of this award are subject to the rates as set by the Crown Employees (Public Sector - Salaries 2021) Award or any award replacing it.

 

(i)       Full allowance rates will apply where the Department requires a member of staff to undertake both the Facilities Coordination and the Personnel Coordination roles.

 

(ii)      Partial allowance rates will apply where the Department requires a member of staff to undertake either the Facilities Coordination or the Personnel Coordination roles but not both.

 

(iii)     Where the Department determines that the responsibilities of Local Coordinator are fundamental to a staff member’s assigned role no allowance will apply.

 

3.  Saving of Rights

 

(i)       At the time of making of this Award, no member of staff covered by this Award will suffer a reduction in their rate of pay or any loss or diminution in his or her conditions of employment as a consequence of the making of this Award.

 

(ii)      Should there be a variation to the Crown Employees (Public Sector - Salaries 2021) Award, or an Award replacing it, staff under this award will maintain the same salary relationship to the rest of the Public Service.

 

4.  Anti-Discrimination

 

(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, transgender identity, marital or domestic status, disability, responsibilities as a carer, homosexuality, HIV/AIDS infected or age.

 

(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.

 

(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.

 

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

 

(a)       Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

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

 

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

 

5.  Area, Incidence and Duration

 

(i)       The members of staff regulated by this award will 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 Government Sector Employment (General) Rules 2014, the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and the Crown Employees (Public Sector - Salaries 2021) Award or any awards replacing these awards.

 

(ii)      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 Industry) Local Coordinator Allowance Award published 25 October 2019 (385 I.G. 509), 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 27 September 2021.

 

(iii)     The Award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Allowances

 

Effective from the beginning of the first full pay period to commence on or after 1.07.2021

 

 

Annual Rates

 

FFPP on or after 1 July 2021

 

(2.04 %)

 

$

Staff Administered by Local Coordinator

Full Allowance

Partial Allowance

Up to three staff

2,609

1,303

Up to six staff

3,909

1,954

Up to ten staff

5,214

2,609

More than ten staff

7,823

3,911

 

APPENDIX 1

 

The roles of a Local Coordinator are defined as:

 

1.        Facilities Coordination:

 

A Local Coordinator who is assigned to the role as facilities coordinator will be responsible for:

 

1.1      Acting as the local contact for all matters relating to facilities management and administration

 

1.2      Ensuring that facilities such as office accommodation, buildings, infrastructure, motor vehicles, assets and storage facilities are maintained and managed in accordance with Departmental policies and procedures.

 

1.3      Ensuring that shared services are delivered and managed efficiently within the available resources and in accordance with Departmental policies and procedures.

 

1.4      Approving financial and administrative matters under delegation.

 

1.5      Ensuring the facility is managed and operated in accordance with the requirements of the NSW Workplace Health and Safety Act 2011.

 

1.6      Other facilities coordination duties as reasonably determined by the Department from time to time.

 

2.        Personnel Coordination:

 

A Local Coordinator who is assigned to the role as personnel coordinator will be responsible for:

 

2.1      Coordinating the compliance of staff with Departmental and NSW Government policies and guidelines in relation to personnel matters such as attendance, conduct and ethical behaviour.

 

2.2      Advising relevant managers and line supervisors of breaches of policies and guidelines in relation to personnel matters and assisting to address these breaches when requested.

 

2.3      Coordinating matters relating to the induction, entry onto duty and last day of duty of staff.

 

2.4      Coordinating work priorities and supervision of support staff servicing multiple programs.

 

2.5      Other personnel coordination duties as reasonably determined by the Department from time to time.

 

 

 

D. SLOAN, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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