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Crown Employees (Department of Customer Service - SafeWork NSW Inspectors 2007) Reviewed Award
  
Date05/06/2022
Volume391
Part6
Page No.1063
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C9447
CategoryAward
Award Code 498  
Date Posted05/06/2022

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(498)

SERIAL C9447

 

Crown Employees (Department of Customer Service - SafeWork NSW Inspectors 2007) Reviewed Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Case No. 163535 of 2021)

 

Before Commissioner Sloan

17 September 2021

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.        Subject Matter

 

1.        Title

2.        Definitions

3.        Parties

4.        Salaries and Allowances

5.        Conditions of Employment

6.        Hours

7.        Flexible Working Hours Scheme

8.        Overtime

9.        Excess Travelling Time

10.      Annual Leave Loading

11.      Sick Leave - Mutual Leave Fund

12.      After Hours Response Service

13.      Motor Vehicles

14.      Deduction of Union Membership Fees

15.      Classification Structure

16.      Competency Assessment

17.      Entry Level Inspector

18.      Progression as an Inspector

19.      Progression to Senior Inspector or Principal Inspector

20.      Progression to Assistant State Inspector or State Inspector

21.      Grievance Handling and Dispute Settling Procedure

22.      Anti-Discrimination

23.      No Extra Claims

24.      Area, Incidence and Duration

 

PART B

 

MONETARY.  RATES

 

Table 1 - Inspector Classification and Salary Scales

Table 2 - After Hours Response Service Allowances

 

PART A

 

1.  Title

 

This award will be known as the Crown Employees (Department of Customer Service - SafeWork NSW Inspectors 2007) Reviewed Award.

 

2.  Definitions

 

"Contract hours" for a full time Inspector, means one fifth of ordinary working hours as prescribed in this award and, for a part time Inspector, means the hours usually worked on the day.

 

"Competencies" refer to the national competency standards assigned by SafeWork NSW at specific classification levels.

 

"Daily span of hours" means, for an Inspector required to work flexible hours, the hours that fall within the bandwidth of the flexible working hours scheme of this award, which do not attract payment for overtime and, for an Inspector required to work standard hours, the contract hours defined in this award.

 

"Inspector" means an employee employed in the SafeWork NSW Branch of the Better Regulation Division of Department of Customer Service under Schedule 1 of the Government Sector Employment Act 2013 and who occupies a role classified in the Inspector Classifications identified in Table 1 of this award.

 

"Level" means the salary levels specified in Table 1 of this award.

 

"Memorandum of Understanding" means the document referred to in this award that specifies the understanding between the parties of the benefits to the parties through the operation of the award, the implementation of the award and the administration of the award.

 

"Salary scale" means the set of salaries payable under this award and specified in Table 1 of this award.

 

"Standard hours" are the set and regular hours of SafeWork NSW’s operations as determined by SafeWork NSW.

 

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

 

"SafeWork NSW" means the SafeWork NSW Branch of the Better Regulation Division of NSW Department of Customer Service.

 

3.  Parties

 

3.1      The parties to this award are:

 

(a)       The Industrial Relations Secretary; and

 

(b)      Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

4.  Salaries and Allowances

 

4.1      For the purposes of this award, the parties note:

 

(a)       The former Crown Employees (WorkCover Authority - Inspectors) Award made on 28 November 2003 published 21 May 2004 (344 I.G. 523) was listed in Schedule A and Part B Monetary Rates of the Crown Employees (Public Sector - Salaries 2007) Award published 30 March 2007 (362 I.G. 404).

 

(b)      The Crown Employees (Public Sector - Salaries 2007) Award provided for a 4% salary increase for Inspectors from the beginning of the first pay period commenced on or after 1 July 2007. 

 

(c)       The 4% salary increase in the Crown Employees (Public Sector - Salaries 2007) Award was the final pay increase arising from the agreement entered into on 21 December 2004 between the New South Wales Government and the Association.

 

(d)      The increases provided by this award included:

 

(i)       A compensatory one-off increase of $4,500 per annum effective from the first pay period commencing on or after 16 November 2006, for changes to the Private Use Motor Vehicle Scheme included in the Memorandum of Understanding.

 

(ii)      Increases that introduced a new salary structure that provide incremental steps comprising:

 

A.        Variable increases, effective from the first pay period commencing on or after 16 November 2006, to establish the differentials from the new incremental salary rates.

 

B.        The 4% increase in allowances payable under the Crown Employees (Public Sector Salaries 2007) Award paid under that award, effective from the first pay period to commence on or after 1 July 2007. 

 

4.2      The parties agree that:

 

(a)       During the term of this award, variation to the salaries and allowances included in the Tables to this award by way of salary increases or other benefits will be those applied by the Crown Employees (Public Sector Salaries - 2021) Award, or a replacement award.

 

4.3      Classifications and Salaries

 

(1)      The classifications are set out in Table 1 of Part B, Monetary Rates, of this award.

 

(2)      The corresponding salary rates are set by the Crown Employees (Public Sector - Salaries 2021) Award or any variation or replacement award.

 

(3)      The salaries of employees employed are adjusted to the appropriate scale prescribed by the award on the basis of years of service in role or grade.

 

(4)      In calculating years of service for the purpose of this award the following periods are not taken into account:

 

(a)       Any period in respect of which an increment is refused in accordance with clause 14, Increments, of the Government Sector Employment Regulation 2014;

 

(b)       Any leave of absence without pay exceeding five days in any incremental year;

 

(c)       Any period necessary to give full effect to a reduction in salary imposed under sections 68 Unsatisfactory performance of government sector employees and 69 Misconduct - Public Service and other prescribed government sector employees the Government Sector Employment Act 2013.

 

5.  Conditions of Employment

 

5.1      The provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 apply to an Inspector except for the following provisions in this award, which replace any respective counterpart provision applying within the relevant clauses of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009:

(a)       Flexible working hours.

 

(b)      Overtime and overtime meal allowances.

 

(c)       Excess travelling time.

 

(d)      Annual leave loading.

 

(e)       Sick leave with respect to the Mutual Leave Fund.

 

5.2      In the event of any inconsistency or ambiguity that may arise in the application of this award, the relevant provisions of this award will apply before the relevant provisions of Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009.

 

6.  Hours

 

6.1      The ordinary working hours of an Inspector are 38 hours per week, Monday to Friday.

 

6.2      An Inspector’s contract hours for one day are equivalent to 7 hours and 36 minutes, which are used to calculate leave entitlements and for SafeWork NSW to determine the standard hours for an Inspector.

 

6.3      An Inspector’s daily span of hours will be either the bandwidth specified under the flexible working hours scheme of this award or the standard hours determined by SafeWork NSW.

 

7.  Flexible Working Hours

 

7.1      The Department of Finance Services and Innovation Flexible Working Hours Agreement 2016 or its replacement will apply to all Inspectors working under this award.

 

8.  Overtime

 

8.1      Eligibility for overtime:

 

(a)       An Inspector will be eligible for overtime if they have been directed by their supervisor to work -

 

i.         more than 10 hours in one day; or

 

ii.        before 6:00am or after 10:00pm; or

 

iii.       on a Saturday, Sunday or public holiday.

 

(b)      Hours worked under the extended bandwidth will not of itself result in overtime, unless the conditions in (a) apply.

 

(c)       An Inspector who is rostered for the After Hours Response Service when "called out" to attend an incident will be paid a minimum of 3 hours at double time per each separate incident.

 

8.2      An Inspector may be directed to work overtime, provided it is reasonable for the Inspector to be required to do so.  An Inspector may refuse to work overtime in circumstances where the working of such overtime would result in the Inspector working unreasonable hours.  In determining what is unreasonable, the following factors must be taken into account:

 

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

 

(b)      any risk to the Inspector’s health and safety,

 

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

 

(d)      the notice (if any) given regarding the working of the overtime, and by the Inspector of their intention to refuse overtime, or

 

(e)       any other relevant matter.

 

8.3      Overtime is to be calculated using the formula

 

Annual Salary ¸ 52.17857

 

35

= Hourly Rate

 

8.4      Overtime Meal Allowances:

 

(a)       The overtime meal allowances for breakfast, lunch and dinner specified in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 will apply.

 

(b)      Breakfast Allowance - Inspectors are eligible for the allowance for breakfast when they have been directed to work before 6.00am and an expense is actually incurred.

 

(c)       Lunch Allowance - Inspectors are eligible for the allowance for lunch when they have been directed to work on a Saturday, Sunday or public holiday and commence before 8.30am and finish after 1.30pm or commence after 8.30am and finish after 2.00pm and an expense is actually incurred.

 

(d)      Dinner Allowance - Inspectors are eligible for the allowance for dinner when they have been directed to work after 6.30pm and an expense is actually incurred.

 

8.5      Meal breaks are in an Inspector’s own time and are not counted towards an Inspector’s work time or for the payment of overtime or the accrual of flexible working hours.

 

9.  Excess Travelling Time

 

9.1      Excess travelling time is the time taken for an Inspector to travel to a work location that is in excess of the time normally taken for the Inspector to travel between their home and their office.

 

9.2      Compensation for excess travelling time applies when:

 

(a)       the travel is required to perform SafeWork NSW duties; and

 

(b)      the travel has had prior approval; and

 

(c)       the excess travelling time amounts to at least 15 minutes on any one day outside the daily span of hours after deducting the time normally taken for an Inspector to travel between their home and their office.

 

9.3      Excess travelling time undertaken during the Extended Bandwidth will accrue as hours worked under flexible working hours.

 

9.4      Excess travelling time undertaken outside the Extended Bandwidth of before 6.00am or after 10.00pm Monday to Friday, or on a Saturday, Sunday or public holiday, or on a non-working day, will be compensated by payment or by leave in lieu at the Inspector’s ordinary rate of pay.

 

9.5      SafeWork NSW will decide which type of compensation to grant, having regard to the needs of the Inspector and SafeWork NSW.

 

10.  Annual Leave Loading

 

10.1    The salary rates in Crown Employees (Public Sector - Salaries 2021) Award include an amount of 1.5% of the relevant rate to reflect the annualisation of leave loading.

 

11.  Sick Leave - Mutual Leave Fund

 

11.1    This award continues the SafeWork NSW Inspectors’ Mutual Leave Fund (the Fund).

 

11.2    The Fund is an additional entitlement to an Inspector’s annual sick leave entitlements and will operate as follows:

 

(a)       Unless otherwise agreed between the parties, a contribution of three days sick leave will be made from an Inspector’s annual sick leave entitlement on 1 January each year and pooled in the Fund.

 

(b)      These pooled days will accumulate for the life of this award.

 

(c)       An Inspector with less than five days sick leave on the 1 January will not be required to contribute any days sick leave for that year but will be required to contribute no more than three days sick leave on 1 January of the following year.

 

(d)      Contributions from an Inspector’s annual sick leave entitlement -

 

i.         will cease when the maximum number of pooled days reaches 2,100 days or more; and

 

ii.        will re-start when the number of pooled days reaches 1,500 days or less.

 

(e)       An Inspector will be notified regarding further contributions from their annual sick leave entitlement when the minimum number of pooled days has been reached.

 

(f)       If the Fund is discontinued for any reason, the accumulated sick leave days will be re-credited to the Inspector’s sick leave entitlement to the extent of the contributions made, less the number of days paid to the Inspector from the Fund.

 

(g)      An Inspector who transfers to a position within SafeWork NSW not covered by this award, or transfers elsewhere in the Public Service, will have re-credited to the Inspector’s sick leave entitlement, the contributions made less the number of days paid to the Inspector from the Fund.

 

(h)      An Inspector is entitled to claim from the Fund when -

 

i.         their accumulated and annual sick leave entitlement is exhausted; and

 

ii.        they have been absent from work due to sickness or injury for 10 consecutive working days, as a qualifying period.

 

(i)       SafeWork NSW may, subject to the circumstances of the case such as part time absences for treatment of a chronic illness, reduce or waive the requirement for an Inspector to have been absent from work for the qualifying period of 10 consecutive working days.

 

(j)       An Inspector is entitled to claim from the Fund for all days absent from work through sickness or injury, including the 10 consecutive working days qualifying period.

 

(k)      A medical certificate must support all days claimed from the Fund.

 

(l)       Should the Fund be unable to meet claims because of insufficient pooled days, SafeWork NSW will underwrite any claims until the Fund receives further contributions.

 

12.  After Hours Response Service

 

12.1    An After Hours Response Service will operate to provide a rapid response to an emergency incident that occurs outside SafeWork NSW standard hours and includes the Emergency Telephone and the Asbestos Demolition Response Service.

 

12.2    An Inspector who is rostered for the After Hours Response Service as the After Hours Response Manager or as a Rostered Inspector will be paid the allowances specified in Table 2 of this award.

 

12.3    An Inspector who is rostered for the After Hours Response Service when called out to attend an emergency incident will be paid a minimum of three hours overtime at double time for each separate incident.

 

12.4    Should an Inspector be called out to attend an emergency incident on a public holiday, the Inspector will be paid a minimum of three hours at double time and a half for each separate incident.

 

13.  Motor Vehicles

 

13.1    A motor vehicle will be allocated to an Inspector as a tool of work to enable the efficient and effective operation of SafeWork NSW services.

 

13.2    The motor vehicle allocated to an Inspector will be available for private use by the Inspector, subject to the SafeWork NSW Motor Vehicle Private Use Scheme.

 

13.3    The parties acknowledge that motor vehicles are allocated, along with a package of conditions including a 38 hour week, to enable the efficient and effective operation of services provided by field based inspectors. SafeWork NSW acknowledges that Inspectors originally traded a 35 hour week as well as other trade offs to obtain the conditions in this package.

 

14.  Deduction of Union Membership Fees

 

14.1    The union will provide SafeWork NSW with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union's rules.

 

14.2    The union must advise SafeWork NSW of any change to the amount of fortnightly membership fees made under its rules and any variation to the schedule of union fortnightly membership fees payable must be provided to SafeWork NSW at least one month in advance of the variation taking effect.

 

14.3    Subject to 14.1 and 14.2 above, SafeWork NSW will deduct union fortnightly membership fees from the pay of any Inspector who is a member of the union in accordance with the union's rules, provided that the Inspector has authorised SafeWork NSW to make such deductions.

 

14.4    Money so deducted from the Inspector’s pay must be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees' union membership accounts.

 

14.5    Unless SafeWork NSW and the union agree to other arrangements, all union membership fees must be deducted on a fortnightly basis.

 

14.6    Where an Inspector 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 Inspector to make a fresh authorisation in order for such deductions to continue.

 

15.  Classification Structure

 

15.1    The Inspector Classification has two streams, Inspectorial and Managerial, which represent work of either an inspectorial nature or of a managerial nature and reflect the different types of work performed, knowledge required, problem solving skills employed and accountability levels established.

 

15.2    Appointment to and progression within the Inspectorial stream will be in accordance with the provisions contained in clauses 17, 18, 19 and 20 of this award.

 

15.3    Appointment to and progression within the managerial stream will be by merit selection.

 

15.4    Transfer between each stream, will be subject to the follow principles:

 

(a)       An Inspector in the Inspectorial Stream who is successful in being appointed to a role in the Managerial Stream will transfer to the Managerial Stream role and retain their Inspectorial Stream salary where -

 

i.         their Inspectorial Stream salary is higher than the salary for the Managerial Stream role, and

 

ii.        the functions and scope of the Managerial Stream role, as determined by SafeWork NSW, enables the Inspector to continue to exercise their Inspectorial skills and knowledge in the field at the level consistent with their Inspectorial Stream salary.

 

(b)      An Inspector in the Managerial Stream may transfer to a role in the Inspectorial Stream provided that -

 

i.         there is an identified need approved by SafeWork NSW, and

 

ii.        the Inspector holds the relevant competencies or other qualifications specified for the Inspectorial Stream role to which they are transferred; or,

 

iii.       a District Coordinator who has held that role for 3 years and is approved to transfer into the Inspectorial stream may do so without the need to obtain Principal Inspector competencies. Periods of acting as a District Coordinator do not count towards the 3-year period. A District Coordinator 2 will move to the salary rate of a Principal Inspector 2.

 

(c)       An Inspector transferring to another role within the Inspectorial stream or within the Managerial stream will be subject to procedures determined by SafeWork NSW following consultation with the PSA.

 

16.  Competency Assessment

 

16.1    Progression to and/or any appointment of a candidate who does not hold the position of Inspector to the Inspector Classifications of Senior Inspector, Principal Inspector, Assistant State Inspector and State Inspector will be subject to, amongst other requirements, consideration of pre-established merit selection and competency standards including a candidate holding the relevant competencies for the role as specified in the Memorandum of Understanding.

 

16.2    SafeWork NSW will ensure that a policy of equal opportunity is applied so that all Inspectors are offered equal access to work of a nature that provides learning and development in the disciplines and fields of knowledge relevant to competency units. This may involve an Inspector changing groups, teams or locations to access these opportunities.

 

16.3    The parties are committed to a process of consultation on the methods to be used to assess an Inspector against a competency unit, with a view to reaching agreement on the methods adopted being:

 

(a)       fairly and justly applied,

 

(b)      regarded by the parties as appropriate for assessment of the Inspector against the relevant competency unit, and

 

(c)       consistent with the national guidelines for assessment of competency units contained in appropriate National Training Packages.

 

16.4    Changes to the competency units selected and assigned at each Inspector classification level:

 

(a)       will require the parties to consult and reach agreement to those changes.

 

(b)      will occur in such a way as to ensure that the competency assessment process is fair and just.

 

(c)       The parties are committed to a process of ensuring that the competency units selected remain relevant and appropriate to the work of an Inspector.

 

17.  Entry Level Inspector

 

17.1    An entry level Inspector is an Inspector recruited to an Inspector Classification role for which they applied, on a salary level for the role that is commensurate with their skill and experience as determined by SafeWork NSW.

 

17.2    Probationary appointment and confirmation:

 

(a)       An entry level Inspector will be appointed on probation for a period of 12 months, or such other period as directed by SafeWork NSW, to -

 

i.         undertake training for the Diploma of Government (Workplace Inspection) issued by SafeWork NSW as a Registered Training Organisation, and

 

ii.        receive instruction in the conduct and performance of an Inspector.

 

(b)      The entry level Inspector will be eligible for confirmation of appointment when they have -

 

i.         met the standards required within the entry level Inspector’s training program, which includes assignments and field activities, and have had their conduct and performance assessed as satisfactory.

 

ii.        been assessed and deemed competent for the Diploma of Government (Workplace Inspection).

 

(c)       The entry level Inspector who has completed a period of probation in a role other than Inspector in SafeWork NSW, or a role in another Department or other New South Wales public authority, and was confirmed in that role, will be regarded as an entry level Inspector and will be required to -

 

i.         undertake the training and receive instructions as specified in (a), and

 

ii.        satisfy the confirmation of appointment provisions in (b).

 

17.3    Should an entry level Inspector not satisfy the confirmation of appointment provisions within the 12-month period, SafeWork NSW may extend their probation for a further period or periods considered appropriate by SafeWork NSW to complete the confirmation of appointment requirements, subject to reasonable notice being given to the entry level Inspector.

 

17.4    Should an entry level Inspector fail to complete the requirements for confirmation of appointment within the extended period, SafeWork NSW will discontinue the provision of training and instructions and will consider the future of their continued employment in SafeWork NSW.

 

18.  Incremental Progression

 

18.1    Incremental progression as an Inspector from Inspector Level 1 to Inspector Level 2 and subsequently to Inspector Level 3 will be subject to an Inspector’s conduct and performance being assessed as satisfactory after a period of 12 months as an Inspector Level 1, Inspector Level 2, or Inspector Level 3.

 

18.2    Incremental progression within each of the Inspector classifications within the Inspectorial Stream other than Inspector Level 1, Inspector Level 2, or Inspector Level 3, and within the Managerial stream, will be subject to an Inspector’s conduct and performance being assessed as satisfactory after a period of 24 months in the Inspector’s classification.

 

19.  Progression to Senior Inspector or Principal Inspector

 

19.1    Progression to Senior Inspector or Principal Inspector will require:

 

(a)       the Inspector’s conduct and performance being assessed as satisfactory, and

 

(b)      the Inspector holding relevant competencies for a Senior Inspector or Principal Inspector, whichever applies.

 

20.  Progression to Assistant State Inspector or State Inspector

 

20.1    Progression to Assistant State Inspector or State Inspector will be subject to:

 

(a)       the Inspector holding the relevant competencies for an Assistant State Inspector or State Inspector, and

 

(b)      merit selection.

 

21.  Grievance and Dispute Settling Procedures

 

21.1    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 SafeWork NSW, if required.

 

21.2    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.

 

21.3    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 relevant Executive Director or delegate.

 

21.4    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.

 

21.5    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 will 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 relevant Executive Director.

 

21.6    The relevant Executive Director may refer the matter to the Industrial Relations Secretary for consideration.

 

21.7    If the matter remains unresolved, the Executive Director 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.

 

21.8    An employee, at any stage, may request to be represented by the Union.

 

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

 

21.10  The employee, Union, SafeWork NSW and the Public Service Commission will agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

21.11  Whilst the procedures outlined in subclauses 21.1 to 21.10 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 will proceed in a manner which avoids any risk to the health and safety of any employee or member of the public.

 

22.  Anti-Discrimination

 

22.1    It is the intention of the parties bound by this award to seek to achieve the objects of 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.

 

22.2    It follows that in fulfilling their obligations under the dispute resolution procedures 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 the effects and it will be consistent with the fulfilment of these obligations for the parties to make application to vary any provisions of this award, which by its terms or operation, has a direct or indirect discriminatory effect.

 

22.3    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.

 

22.4    Nothing in this clause is to be taken to effect:

 

(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 exempt 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.

 

22.5    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.

 

22.6    Notes -

 

(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."

 

23.  No Extra Claims

 

23.1    The no extra claims clause (clause 8) contained in the Crown Employees (Public Sector - Salaries 2021) Award will apply to employees covered by this Award.

 

24.  Area, Incidence and Duration

 

24.1    This award will apply to all Inspectors who occupy a position classified in the Inspector Classifications identified in Table 1 of this award. 

 

24.2    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Departmental of Customer Service – SafeWork NSW Inspectors 2007) Reviewed Award published 20 December 2019 (385 I.G. 846), as varied.

 

24.3    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.

 

24.4    This award remains in force for a period of three years from 17 September 2021 or until varied or rescinded.

 

Table 1 - Inspector Classifications and Salary Scales

 

Current salaries for classifications covered by this Award are determined by the Crown Employees (Public Sector - Salaries 2021) Award or its replacement and are found in the salary tables attached to that award. The below tables are for historical purposes only.

 

Inspectorial Stream

Managerial Stream

 

 

Level 1

 

Level 2

 

Level 3

 

Senior

 

Inspector 1

 

 

 

Senior Inspector 2

 

 

 

Principal Inspector 1

District Coordinator 1

 

 

Principal Inspector 2

 

 

 

Assistant State Inspector 1

District Coordinator 2

 

Assistant State Inspector 2

 

 

 

State Inspector 1

Team Coordinator 1

 

 

State Inspector 2

Team Coordinator 2

 

 

 

State Coordinator 1

 

 

 

State Coordinator 2

 

 

 

Team Manager 1

 

 

 

Team Manager 2

 

Table 2 - After Hours Response Service Allowances

 

Allowances

Role

Roster Allowances

Phone Call Disturbance Allowance

 

From first pay period commencing 1 July 2007

From first pay period commencing 1 July 2007

After Hours Response Manager

$116 per week

$31 per call received up to eight calls in24 hours

Rostered Inspector

$116 per week

$21 per call received up to eight calls in 24 hours

 

 

 

D. SLOAN, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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