Crown Employees (Department of Regional NSW)
Operational Staff Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 134835 of 2021)
Before Commissioner Sloan
|
14 October 2021
|
REVIEWED
AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Title of
the Award
2. Definitions
3. Salaries
4. School
Based Apprentices
5. Saving of
Rights
6. Minimum Qualification
Requirements and Commencing Rates
7. Promotional
Criteria
8. Allowances
9. Leading
Hand Allowance - Transitional Arrangements
10. Review of
Allowances Payable in Terms of this Award
11. Hours of
Work - Day Work
12. Hours of
Work - Shift Work
13. Overtime
14. Public
Service Holiday
15. Job
Evaluation
16. Appeals
Mechanism
17. Grievance
and Dispute Settling Procedures
18. Deduction
of Union Membership Fees
19. Anti-Discrimination
20. Area
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Allowances
Table 3 – Expense Related Allowances
1. Title of the Award
(i) This Award will
be known as the Crown Employees
(Department of Regional NSW) Operational Staff Award.
2. Definitions
(i) "Act"
means - the Government Sector Employment
Act 2013.
(ii) "Apprentice"
means - an Apprentice assigned to a role, for the duration of their
apprenticeship, in a trade covered by the Crown Employees (Skilled Trades)
Award.
(iii) "Association"
means - the Public Service Association and the Professional Officers’
Association Amalgamated Union of New South Wales.
(iv) "Department"
means Department of Regional NSW, as specified in Schedule 1 of the Government Sector Employment Act 2013.
(v) "Farm
Assistant", "Livestock Attendant", "Senior Livestock
Attendant", "Laboratory Craftsman" and "Senior Laboratory
Craftsman" means - a member of staff who is assigned to a role designated
as such.
(vi) "Farm
Supervisor" means - a member of staff who is assigned to a role designated
as such.
(vii) "Gardener-experienced"
means - a member of staff, not being a gardener-tradesperson, as defined, who
is temporarily assigned to role as gardener in the absence of or unavailability
of a gardener-tradesperson and who, by experience, is capable of performing
gardening work to a satisfactory level.
(viii) "Gardener-labourer"
means - a member of staff who is assigned to a role to assist a gardener or to
assist generally in gardening work and may be required to carry out under the
supervision of a gardener any of the work set out in the definition of
"gardener-tradesperson' and includes the operation of small petrol or
electricity driven hand mowers and the like.
(ix) "Gardener-labourer
1st class" means - a garden labourer who is capable of and required from
time to time to drive and/or operates motorised tractor hauled or mechanical
equipment used in gardening, tree lopping, paving, kerb making, rockery
building and landscaping.
(x) "Gardener-Tradesperson"
means - a member of staff who has satisfactorily completed an apprenticeship in
the industry of horticulture and gardening and holds the Horticulture
Certificate of NSW TAFE or a certificate of equal or higher status and is
assigned to a role as a tradesperson in horticulture, gardening, green keeping,
floral decoration and all phases of allied works, such as rockery building,
paving, landscaping and the like. Provided that a member of staff who had been
assigned to a role as a "gardener" under the Crown Employees (Operational Staff - Department of Agriculture) Award
published 1 May 1998 (304 I.G. 750) and who through ongoing experience
described, will for the purpose of the Award be deemed to be a gardener
tradesperson.
(xii) "Handyperson"
means - a member of staff who is assigned to a role designated as such and who
carries out minor repairs and maintenance of farm buildings, structures and
equipment.
(xiii) "Industrial
Relations Secretary" means the Secretary of the Department of Premier and
Cabinet, or as otherwise specified in Schedule 1 of the Government Sector Employment Act 2013.
(xiv) "Job
Evaluation" means - a methodology agreed to between the parties to grade
Operational Staff roles under this Award.
(xv) "Leading
Hand" means - a member of staff who is an assigned to role designated as
such and who supervises a particular operation(s).
(xvi) "Maintenance
Operator" means - a member of staff who is assigned to a role designated
as such and who carries out repairs and maintenance of farm buildings,
structures and equipment and is assigned to a role that requires possession of
a trade qualification as a condition of employment.
(xvii) "Maintenance
Supervisor" means - a member of staff who is assigned to a role of
Building Supervisor that requires possession of a trade qualification as a
condition of employment.
(xviii) "Member of
Staff" for the purposes of this Award, means a person employed as an
employee on probation, or employee, employed in any capacity under the
provisions of Part 4, Division 5 of the Act, who is classified under this
Award.
(xix) "Normal
Work" normal work as defined in clause 17, Grievance and Dispute Settling
Procedures, is defined as the duties, responsibilities and capabilities
relevant to the Role Description of a member, or members of staff at the time
of a grievance, dispute or difficulty.
(xx) "Operational
Staff" means - all members of staff assigned to roles described in this
clause.
(xxi) "Prior
Learning" means - recognising formal skills and experience.
(xxii) "Public
Service" means - the Public Service of New South Wales as defined in the Government Sector Employment Act 2013.
(xxiii) "Role"
means - a role to which a member of staff has been assigned.
(xxiv) "Salary
Rates" means - the ordinary time of pay for the member of staff's grading,
excluding shift allowances, weekend penalties and all other allowances not
regarded as salary.
(xxv) "Secretary"
means the Secretary of the Department of Regional NSW as specified in Schedule
1 of the Government Sector Employment Act
2013
(xxvi) "Service"
means - continuous service for salary purposes.
(xxvii) "Supervisor-Special
Grade" means - a member of staff assigned to the role of supervisor who,
in the opinion of the Secretary, has special responsibilities involving
supervision of another supervisor and more than one major field of activity
(xxviii)
"Unions" means - The Australian Workers
Union, New South Wales Branch, Australian Manufacturing Workers Union, New
South Wales Branch, the Electrical Trades Union of Australia, New South Wales
Branch, Communications, Electrical & Plumbing Union, Plumbing Division (NSW
Branch); and the Construction, Forestry, Mining and Energy Union, New South
Wales Branch.
3. Salaries
(i) 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 and Table 2 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.
(ii) Existing
allowances payable for passing prescribed annual technical college examinations
will continue to be paid to apprentices in accordance with the Crown Employees (Skilled Trades) Award.
(iii) The salary
rates in Part B, Monetary Rates, of this Award, are set in accordance with the Crown Employees (Public Sector - Salaries
2021) Award and any variation or replacement Award.
4. School Based
Apprentices
(i) Definition
A school based apprentice is an employee who is
undertaking an apprenticeship under a training contract while also enrolled in
the Higher School Certificate.
(ii) Wages
(a) The hourly
rates for full time apprentices as set out in this Award will apply to school
based apprentices for total hours worked including time deemed to be spent in
off-the-job training.
(b) For the purposes
of paragraph (ii)(a) of this clause, where a school based apprentice is a full
time school student, the time spent in off-the-job training for which the
school based apprentice is paid is deemed to be 25 per cent of the actual hours
worked on-the-job each week.
(c) The wages paid
for training time may be averaged over the school term or year.
(d) Where this Award
specifies a weekly rate for full time apprentices, the hourly rate will be
calculated by dividing the applicable weekly rate by 38.
(iii) Progression
through the Wage Structure
(a) School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
(b) The rates of pay
are based on a standard apprenticeship of four years. The rate of progression
reflects the average rate of skill acquisition expected from the typical
combination of work and training for a school based apprentice undertaking the
applicable apprenticeship.
(iv) Conversion from
a school based apprentice to a full time apprenticeship
Where an apprentice converts from a school based to an
ongoing full time apprenticeship, all time spent as a full time apprentice
counts for the purpose of progression through the wage scale set out in this Award. This progression applies in addition to the
progression achieved as a school based apprentice.
(v) Conditions of
Employment
Except as provided by this clause, school based
apprentices are entitled to pro rata entitlements of all other conditions of
employment contained in this Award.
5. Saving of Rights
No member of staff employed in the Department under another
Award, agreement, or determination on 27 March 1997, or thereafter, who is
re-classified under this Award will receive a salary which is less than the
salary received under the member of staff's former Award, agreement or
determination.
6. Minimum
Qualification Requirements and Commencing Rates
(i) The commencing
rate of pay for a member of staff who is assigned to a role of Farm Assistant
will be the rate of pay prescribed for Grade 1, Step 1.
(ii) The commencing
rate of pay for a member of staff who is assigned to a role of Garden Labourer
will be the rate of pay prescribed for Grade 1, Step 1.
(iii) The commencing
rate of pay for a member of staff who is assigned to a role of Handyperson will
be the rate of pay prescribed for Grade 1, Step 3.
(iv) The commencing
rate of pay for a member of staff who is assigned to a role of Garden Labourer
1st Class will be the rate of pay prescribed for Grade 1, Step 3.
(v) Except as
provided by subclause (iii) of clause 9 of this Award, the commencing rate of
pay for a member of staff who is assigned to role of Leading Hand will be the
rate of pay prescribed for Grade 2, Step 1.
(vi) The commencing
rate of pay for a member of staff who is assigned to a role of
Gardener-Experienced will be the rate of pay prescribed for Grade 2, Step 1.
(vii) The commencing rate
of pay for a member of staff who is assigned to a role of Maintenance Operator
and who possesses a trade qualification, other than plumbing or electrical,
will be the rate of pay prescribed for Grade 2, Step 2.
(viii) The commencing
rate of pay for a member of staff who is assigned to role of Maintenance
Operator and who possesses a plumbing trade qualification will be the rate of
pay prescribed for Grade 2, Step 3.
(ix) The commencing
rate of pay for a member who is assigned to a role of Gardener-tradesperson
will be the rate of pay prescribed for Grade 2, Step 3.
(x) The commencing
rate of pay for a member of staff who is assigned to role of Maintenance
Operator and who possesses an electrical trade qualification will be the rate
of pay prescribed for Grade 3, Step 1.
(xi) The commencing
rate of pay for a member of staff who is assigned to a role of Fitter Operator
will be the rate of pay prescribed for Grade 3, Step 3 (however, this rate must
not fall below the prescribed rate under the Crown Employee (General Staff -
Salaries) Award 2007.
(xii) The commencing
rate of pay for a member of staff who is assigned to a role of Farm Supervisor
of a B Grade Research Station will be the rate of pay prescribed for Grade 4,
Step 1.
(xiii) The commencing rate
of pay for a member of staff who is assigned to a role of Farm Supervisor of an
A Grade Research Station will be the rate of pay prescribed for Grade 5, Step
1.
(xiv) The commencing
rate of pay for a member of staff who is assigned to a role of Gardener
Supervisor will be the rate of pay prescribed for Grade 5, Step 2.
(xv) The commencing
rate of pay for a member of staff who is assigned to a role of Gardener
Supervisor Special Grade will be the rate of pay prescribed for Grade 5, Step
3.
(xvi) The commencing
rate of pay for a member of staff who is assigned to a role of Maintenance
Supervisor will be the rate of pay prescribed for Grade 6, Step 1.
7. Promotional
Criteria
(i) Promotion between
grades will be subject to the occurrence of a vacancy and by comparative
assessment and demonstrating the ability to undertake the capabilities provided
for in the Government Sector Capabilities Framework as outlined in the role
description.
(ii) Movement within
the incremental range of a grade will be subject to the acquisition of relevant
National Competency Points at the required Australian Qualification Framework
(AQF) Level necessary to justify progression to that higher salary level. The
specific progression requirements are set out in the Operational Staff
Workplace Assessment and Progressional Criteria Handbook.
8. Allowances
(i) A member of
staff employed upon any chokage and who is required to open up any soil pipe,
waste pipe, drain pipe or pump conveying offensive material or a scupper
containing sewerage or if the member of staff is required to work in a septic
tank in operation, will be paid an additional amount per day or part of a day
as set out in Item 1 of Table 2 - Salary Related Allowances, of Part B,
Monetary Rates.
(ii) A Maintenance
Supervisor or a Maintenance Operator who, as a condition of their employment,
is required to possess and use a trade licence will, in additional to the rate
of pay prescribed in clause 3, Salaries, be paid any of the allowances as set
out in Item 2 of Table 2 as is deemed appropriate.
(iii) A Maintenance
Supervisor, Maintenance Operator or an Apprentice who, as a condition of their
employment, is required to provide their normal tools of trade will, in
addition to the rate of pay prescribed in clause 3, Salaries, be paid the
allowance as set out in Item 1 of Table 3 as is deemed appropriate.
Part-time and casual employees will be paid the hourly
equivalent of the above mentioned rates respectively, calculated as follows:
Appropriate
annual allowance
|
x
|
1
|
52.17857143
|
|
38
|
(iv) Any Operational
Staff Grade 2 or above who retain the Leading Hand Allowance as a result of operation
of the transitional arrangements prescribed by clause 9 of this Award will, in
addition to the appropriate rate of pay prescribed in clause 3, Salaries, be
paid an allowance as set out in Item 3 of Table 2 - Salary Related Allowances,
of Part B, Monetary Rates. That
allowance is to be superable and is to be regarded as salary for all purposes.
(v) Operational
Staff who are required to work a broken shift will be paid an amount per day
extra as set out in Item 4 of Table 2 - Salary Related Allowances, of Part B,
Monetary Rates.
(vi) Operational
Staff will be paid the appropriate working dog allowance as set out in Item 2
of Table 3 - Expense Related Allowances, of Part B Monetary Rates where the
relevant Research Station Manager certifies that the use of staff member’s
working dog(s) is/are necessary for the efficient conduct of the station’s
operations.
(vii) First aid
(a) A member of
staff assigned as a First Aid Officer will be paid a first aid allowance at the
rate appropriate to the qualifications held by such member of staff as
specified in Item 5 of Table 2 - Salary Related Allowances of Part B, Monetary
Rates.
(b) The First Aid
Allowance will not be paid during extended leave or any other continuous period
of leave which exceeds four weeks.
(c) When the First
Aid Officer is absent on leave for one week or more and another qualified
member of staff is selected to relieve in the First Aid Officer’s role, such
member of staff will be paid a pro rata first aid allowance for assuming the
duties of a First Aid Officer.
(viii) A member of
staff required to work more than one and one half hours after the ordinary ceasing
time will be provided with a meal or be paid the appropriate Overtime Meal
Allowance as set out Item 3 of Table 3 - Expense
Related Allowances, of Part B, Monetary Rates, for such a meal and after
the completion of each four hours of continuous overtime thereafter will be
paid the appropriate rate as set out in Item 3 of Table 3 - Expense Related
Allowances, of Part B, Monetary Rates, for each subsequent meal in addition to
the overtime payment.
(ix) A Maintenance
Operator required to hold and act upon a First Class Refrigeration
Certification issued by the appropriate Authority or equivalent current NSW
certification will be paid the rate as set out in Item 6 of Table 2 - Work
Related Allowances, of Part B, Monetary Rates.
9. Leading Hand
Allowance - Transitional Arrangements
(i) Any Operational
Staff Grade 2 or above who receives the Leading Hand Allowance as at the date
of the first advertisement of the assigned role of Leading Hand established by
the former Crown Employees
(Operational Staff - NSW Agriculture) Award published 15 November 2002
(337 I.G. 1) will not be financially disadvantaged in the following
circumstances:
(a) where
successful in their application for a role of Leading Hand;
(b) where
unsuccessful in the application for a role of Leading Hand; or
(c) where no
application is made for a role of Leading Hand.
Such member of staff will retain their existing
allowance until they retire, resign or are promoted. The Leading Hand allowance payable to such
member of staff will continue to be adjusted as prescribed by clause 10, Review
of Allowances. Such members of staff who are not assigned to an ongoing full
time Leading Hand role, but who retain the Leading Hand Allowance, can be
called upon to perform Leading Hand duties as the need arises whilst in receipt
of this allowance. In all other
situations, payment of the Leading Hand Allowance will cease with the
assignment of Leading Hands at the respective locations.
(ii) Trade based
Operational Staff who are assigned to Leading Hand roles can be required to
perform duties associated with the trade(s) they possess in addition to their
Leading Hand duties.
(iii) Any Operational
Staff Grade 1 who received a Leading Hand Allowance immediately prior to being
assigned to a role of Leading Hand would commence on Grade 2, Step 2 to avoid
any salary reduction arising from the cessation of the Leading Hand Allowance
and progress thereafter subject to the agreed competency based progression
criteria.
10.
Review of Allowances Payable in Terms of this Award
(i) Adjustment of Allowances - Allowances
contained in clause 8, Allowances, of this Award will be reviewed as follows:
(a) The following salary related allowances
will be reviewed in accordance with variations to the Crown Employees (Public Sector - Salaries 2021) Award or any
replacement Award:
Chokage
Allowance
Licence and
Registration Allowances
Leading Hand
Allowance
Broken Shift
Allowance
First Aid
Allowance
Refrigeration
Allowance
(b) Tool Allowances will be reviewed in
accordance with variations to the Crown
Employees (Skilled Trades) Award, or any replacement Award
(c) Overtime Meal Allowances will be reviewed
in accordance with variations to Meal Allowances prescribed by the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 as varied or replaced.
(ii) Dog Allowances will be adjusted on 1
January each year in line with the increases in the Consumer Price Index for
Sydney during the preceding calendar year.
11. Hours of Work -
Day Work
(i) The ordinary
working hours will be thirty-eight per week and will be worked in accordance
with the following provisions for a rostered work cycle:
(a) Except in the
case of members of staff engaged in attending livestock, the ordinary working
hours will be worked as a twenty-day four-week cycle Monday to Friday,
inclusive, with nineteen working days of eight hours each between the hours of
6:00 am and 6:00 pm, with 0.4 of one hour on each day worked accruing as an
entitlement to take one rostered day off in each work cycle as a day off paid
for as though worked, or a system of nine working days each fortnight between
Monday and Friday, inclusive, consisting of eight days at 8.5 hours, one day at
8 hours, and one day being a rostered day off.
(b) The ordinary
working hours of members of staff engaged in attending livestock will be worked
as a twenty day, four week cycle of five days per week during the period Monday
to Saturday inclusive within nineteen working days of eight hours each between
the hours of 6:00 am and 6:00 pm, with 0.4 of one hour on each day worked
accruing as an entitlement to take one rostered day off in each work cycle as a
day off paid for as though worked.
(c) The rostered
day off will be a Monday or a Friday within the working cycle provided that by
agreement of the Department and the member of staff, the rostered day off may
be taken on any other day within the work cycle or accrued as an entitlement
for a day off to be taken in a subsequent work cycle.
Provided further that no member of staff will be
entitled to accrue more than six rostered days off under the terms of this
subsection. All rostered days off will be taken by the member of staff as
leisure days off, and except as provided for in this subsection, no work will
be performed by a member of staff on their rostered off day or days.
(d) A roster of days
off (provided for under this subsection) for each member of staff will be
notified to staff prior to the commencement of each working cycle. Unless
otherwise decided by mutual agreement staff will be provided with seven (7)
working days notice of a change in roster, provided that, in the case of an
emergency situation, forty-eight (48) hours notice of a change in roster may be
given by the Department.
(e) Where such
rostered day off prescribed by this subclause falls on a public holiday as
defined in the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009 as varied or
replaced, the next working day will be taken in lieu of the rostered day off
unless an alternative day in that work cycle (or the next work cycle) is agreed
in writing between the Department and the member of staff.
(f) Each day of
paid leave taken and any public holidays occurring during the work cycle will
be regarded as a day worked for accrual purposes.
(g) A member of
staff who has not worked a complete work cycle, will receive pro-rata accrued
entitlements for each day worked (or each fraction of a day worked) or regarded
as having been worked in such cycle, payable for the rostered day off or, in
the case of termination of employment, on termination.
(h) Members of staff
will commence and cease work at their headquarters or other usual or constant
location or as otherwise reasonably directed by the Department.
(i) Members of
staff will be entitled to a meal break each day of not less than half an hour
in duration provided that the said meal break will be taken between 11:30 am
and 1:30 pm at a time convenient to the Department.
(j) A tea break
during the morning period of not more than twenty minutes duration will be
allowed to each individual member of staff, at a time to be arranged by the
Department without deduction from their salaries. The Department may grant a tea break of not
more than ten minutes duration during both the morning and afternoon periods of
the working day in lieu of 20 minute morning tea break.
12. Hours of Work -
Shift Work
(i) The ordinary
working hours for shift work will be thirty-eight per week and will be worked
in accordance with the following provisions for a four-week work cycle:
(a) The ordinary
working hours for shift work will be worked as twenty-day four-week cycle of
five days per week during the period Monday to Sunday inclusive (except broken
shifts) with nineteen working days of eight hours each, with 0.4 of one hour on
each shift accruing as an entitlement to take one rostered shift off in each
work cycle as a shift off paid for as though worked.
(b) The rostered
shift off will be Monday or a Friday within the working cycle provided that by
agreement of the Department and the member of staff the rostered shift off may
be taken on any other day within the work cycle or accrued as an entitlement
for a shift off to be taken in a subsequent work cycle. Provided that no member
of staff will be entitled to accrue more than six shifts off under the terms of
this subsection. All rostered shifts off will be taken by the member of staff
as a leisure day off, and except as provided for in this subsection no work
will be performed by a member of staff on their rostered off shift or shifts.
(c) A roster of
shifts off (provided for under this subsection) for each member of staff will
be notified to members of staff prior to the commencement of each working
cycle. Unless otherwise decided by mutual agreement staff will be provided with
seven (7) working shifts notice of change in roster provided that in the case
of an emergency situation, forty-eight (48) hours notice of change in roster
may be given by the Department.
(d) Where such
rostered shift off prescribed by this subclause falls on a public holiday as
defined in the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009 as varied or
replaced, the next working day will be taken in lieu of the rostered shift off
unless an alternative day in that four-week cycle (or the next four-week cycle)
is agreed in writing between the employer and the member of staff.
(e) Each shift of
paid leave taken and any public holidays occurring during any cycle of four
weeks will be regarded as a shift worked for accrual purposes.
(f) A member of staff
who has not worked a complete four-week cycle will receive pro-rata accrued
entitlements for each shift worked (or each fraction of a shift worked) or
regarded as having been worked in such cycle, payable for the rostered shift
off or, in the case of termination of employment, on termination.
(g) Shift workers
will be allowed a meal break of at least twenty minutes which will be counted
as time worked at a time convenient to the Department.
(ii) Shift
Allowances
Shift workers will be paid the following shift
allowances:
Shift
|
Commencing
Time
|
Allowance
in Addition to Ordinary Rate
|
|
|
|
Day
|
at or after 6am
|
Nil
|
Afternoon
|
at or after 10am and before
1pm
|
10%
|
Afternoon
|
at or after 1pm and before
4pm
|
12½%
|
Night
|
at or after 4pm and before
4am
|
15%
|
Night
|
at or after 4am and before
6am
|
10%
|
Provided that shift allowances will not be paid in
respect of work done at weekends or on public holidays.
(iii) Penalty Rates
Shift workers will be paid the following rates in
respect of work done at weekends or on public holidays.
(a) Weekends
The rate payable to shift workers for work done between
midnight Friday and midnight Saturday will be ordinary time and a half. The rate
payable to shift workers for work done between midnight Saturday and midnight
Sunday will be ordinary time and three quarters.
(b) Public Holidays
The rate payable to shift workers for work done on a
public holiday will be double time and a half.
(iv) Members of
staff, other than Operational Staff involved in Dairy Operations, will not be
required to work shift work without the prior agreement of the Association or
the appropriate Union.
13. Overtime
(i) For the
purposes of this Award, the Secretary or a person authorised by the Secretary,
may require a member of staff to perform duty beyond the hours determined under
clause 11, Hours of Work - Day Work and clause 12, Hours of Work - Shift Work,
of this Award, but only if it is not unreasonable for the member of staff to be
required to do so. A member of staff may
refuse to work overtime in circumstances where the working of such overtime
would result in the member of staff working unreasonable hours. In determining what is unreasonable, the
following factors will be taken into account:
(a) the member of
staff’s prior commitments outside the workplace, particularly the member of
staff’s family and carer responsibilities, community obligations or study
arrangements;
(b) any risk to
member of staff 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 by the Secretary regarding the working of the overtime, and by the
member of staff of their intentions to refuse overtime; or
(e) any other
relevant matter.
(ii) Except as
hereinafter provided, overtime at the rate of time and one half for the first
two hours and double time thereafter will be paid for all time worked:
(a) in excess of
the daily number of rostered hours in one day; or
(b) outside the
limits of clauses 11 and 12, Hours of Work.
(iii) Except as provided
for in clause 12, all work performed on Sundays and Public Holidays will be
paid for at the rate of double time and double time and a half respectively. A
member of staff required to work on a Sunday or Public Holiday will receive a
minimum payment of 4 hours pay at the rate of double time or double time and a
half respectively.
(iv) In calculating
overtime rates, the allowances referred to in clause 12 of the Award will be
disregarded.
(v) A member of
staff recalled to work overtime after 6:00 pm on any day other than a Sunday or
Public Holiday will receive a minimum payment of 4 hours pay at the appropriate
overtime rate. On each recall the member of staff may be required to work 4
hours.
(vi) A member of
staff who works so much overtime-
(a) between the
termination of their ordinary work day or shift, and the commencement of their
ordinary work in the next day or shift, that the member of staff has not had at
least ten consecutive hours off duty between these times;
(b) or on Saturdays,
Sundays and Holidays, not being ordinary working days or on a rostered day off,
without having had ten consecutive hours off duty in the twenty-four hours
preceding their ordinary commencing time on their next ordinary day or shift,
will, subject to this subclause, be released after completion of such overtime
until the member of staff has had ten hours off duty without loss of pay for
ordinary working time occurring during such absence.
Provided that, if on the instructions of the
Department, such a member of staff resumes, or continues to work, without
having had such ten consecutive hours off duty the member of staff will be paid
at double rates until released from duty for the ten hour period and will then
be entitled to be absent until the member of staff has had ten consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
(c) The provisions
of this subclause will apply in the case of shift workers as if eight hours
were substituted for ten hours when overtime is worked-
(1) For the purpose
of changing shift rosters, or
(2) Where a shift
worker does not report for duty and a day worker or a shift worker is required
to replace such shift worker, or
(3) Where a shift
is worked by arrangement between the members of staff themselves.
(vii) A member of
staff who is required to work overtime for two hours or more after the normal
ceasing time will be allowed, at the expiration of the said two hours, 30
minutes for a meal or crib and thereafter a similar time allowance after every
four hours of overtime worked. Time for meals or crib through overtime periods
will be allowed without loss of pay, provided that overtime work continues
after such break.
(viii) Where overtime is
worked on a Saturday, if work continues after 12 noon, a break for a meal of 30
minutes will be allowed between 12 noon and 1pm which meal break will be taken
without loss of pay.
(ix) Saturday Work -
Day Workers All ordinary time worked on Saturdays in accordance with paragraph
(i)(b) of clause 11, Hours of Work - Day Work, of this Award, will be paid for
at the rate of time and a half.
(x) Leave in Lieu
of Payment a member of staff approved to work overtime may, within two working
days following such work, elect to take leave in lieu of payment for all or
part of the entitlement in respect of the time so worked. Such leave in lieu
will accrue at the rates specified for overtime in this Award i.e., such leave
in lieu will accrue at the equivalent computed overtime rate.
Provided that:
(a) Where the
member of staff elects to receive leave in lieu of payment such leave in lieu
will be taken at the convenience of the Department.
(b) Such leave in
lieu will be taken in multiples of quarter day only.
(c) Subject to the
convenience of the Department, leave in lieu will be taken within three months
of the date accrual, except in the case of leave in lieu in respect of work
performed on a public holiday, in which case a member of staff may elect to
have such leave in lieu added to annual leave credits.
(d) A member of
staff will be entitled to payment for the balance of any overtime entitlement
not taken as leave in lieu.
(xi) Wherever
practicable, overtime at each Station/Centre/Institute will be equitably shared
between members of staff on the classification required to work such overtime.
14. Public Service
Holiday
(i) The Public
Service Holiday as prescribed by clause 12(C) the Government Sector Employment Regulation 2014 will be a Public
Service Holiday/Union Picnic Day for Operational Staff covered by this Award
and will be in lieu of any other Picnic Day.
(ii) All Operational
Staff will, as far as practicable, be given and will take this day as the
Public Service Holiday/Union Picnic Day and will be paid therefore as for eight
hours' work at the rate prescribed in clause 3, Salaries, of this Award. Any member of staff required to work on such
day will be paid at the rate of double time and a half for not less than four
hours' work. Provided that a member of staff who is required to work on the
Public Service Holiday/Union Picnic Day and who fails to comply with such
requirement will not be entitled to payment for the day.
15. Job Evaluation
(i) Roles
classified as Operational Staff will be graded in accordance with the
accredited Job Evaluation methodology agreed by the Department, Industrial
Relations Secretary and Associations/Unions, or any other methodology agreed
between the parties during the operation of this Award to grade Operational Staff
roles.
(ii) The grading of
Operational Staff roles will be carried out in consultation between the
Department and Associations/Unions using the Department's Joint Consultative
Committee. This Committee will be the forum
for negotiation and consultation on the operation of the Department's Job
Evaluation methodology during the operation of this Award.
(iii) Roles will be
evaluated and graded from time to time in the following circumstances:
(a) where the
nature of a role is significantly changed, or a new role is created.
(b) where a role
falls vacant, the Department can determine whether it is necessary to evaluate
and grade the role prior to advertising the vacancy.
(c) at the request
of any party to this Award provided that the role assigned to a member of staff
has not been evaluated and graded for a minimum of twelve (12) months.
(iv) Where a member
of staff's role is evaluated as falling within a lower or higher grading than
that to which the member of staff is presently assigned, then the Department:
(a) will examine
the feasibility of initiating work redesign changes to the role in order to
seek to justify the role’s salary range at its existing grading level, or;
(b) adhere to
existing statutory and related Public Service policies on filling regraded
roles if initiating action under paragraph (a) of this subclause is determined
to be inconsistent with maintaining Department efficiency, or otherwise
impracticable.
16. Appeals Mechanism
(i) A member of staff
will have the right to appeal any decision made by the Department in relation
to their progression within the grade.
(ii) Members of
staff will submit a written submission outlining their case to the Director,
Industrial Relations within 28 days of the decision being appealed.
(iii) The Director,
Industrial Relations will constitute an appeals committee made up of one
Management representative (who will not be the appellant's immediate
supervisor), one relevant Association/Union representative and one peer that is
acceptable to both Management and the Association/Union.
(iv) The appeal will
be heard within 28 days of it being lodged and the recommendation of the
committee will be forwarded to the Secretary or nominee for decision.
(v) The decision of
the Secretary or nominee will be forwarded to the member of staff concerned
within 7 working days of the appeal being heard.
17. Grievance and
Dispute Settling Procedures
(i) 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 Department, if required.
(ii) A member of
staff 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.
(iii) 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 member of staff to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Secretary or delegate.
(iv) The immediate
manager, or other appropriate employee, 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.
(v) If the matter
remains unresolved with the immediate manager, the member of staff 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 member of
staff may pursue the sequence of reference to successive levels of management
until the matter is referred to the Secretary.
(vi) The Secretary
may refer the matter to the Industrial Relations Secretary for consideration.
(vii) If the matter
remains unresolved, the Secretary will provide a written response to the member
of staff 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.
(viii) A member of
staff, at any stage, may request to be represented by the Association/Union.
(ix) The member of
staff or the Association/Union on their behalf, or the Secretary may refer the
matter to the Industrial Relations Commission of NSW if the matter is
unresolved following the use of these procedures.
(x) The member of
staff, Association/Union, Department and Industrial Relations Secretary will
agree to be bound by any order or determination by the Industrial Relations
Commission of NSW in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (ix) 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 work health and safety, if practicable, normal work will
proceed in a manner which avoids any risk to the health and safety of any
member of staff or member of the public.
18. Deduction of Union
Membership Fees
(i) The
union/association will provide the Department with a schedule setting out
fortnightly membership fees payable by members of the union/association in
accordance with the union's/association’s rules.
(ii) The
union/association will advise the Department of any change to the amount of fortnightly
membership fees made under its rules. Any variation to the schedule of
union/association fortnightly membership fees payable will be provided to the
Department at least one month in advance of the variation taking effect.
(iii) Subject to subclauses
(i) and (ii) of this clause, the Department will deduct union/association
fortnightly membership fees from the pay of any member of staff who is a member
of the union/association in accordance with the union's/association’s rules,
provided that the member of staff has authorised the Department to make such
deductions.
(iv) Monies so
deducted from member of staff's pay will be forwarded regularly to the
union/association together with all necessary information to enable the
union/association to reconcile and credit subscriptions to members of staff
union/association membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the union/association, all
union/association membership fees will be deducted on a fortnightly basis.
(vi) Where a member
of staff has already authorised the deduction of union/association membership
fees from his or her pay prior to this clause taking effect, nothing in this
clause will be read as requiring the member of staff to make a fresh
authorisation in order for such deductions to continue.
19.
Anti-Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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."
20. Area, Incidence
and Duration
(i) This Award will
apply to Operational Staff described in clause 2, Definitions, of this Award,
in the Department of Regional NSW.
(ii) 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, 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.
(iii) 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) Operational Staff Award
published 25 October14 2019 (385 I.G.
524).
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 14 October 2021.
(iv) 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 - Salaries
Effective from the beginning of the first full pay period to
commence on or after 1 July 2021.
(A) Full time (Annual Rate)
|
Common Salary Point
|
1.7.2020
Per annum
|
1.07.2021
Per Annum
|
|
|
0.3%
|
2.04%
|
|
|
$
|
$
|
Junior
|
Under 17
|
-
|
36704
|
37,453
|
|
at 17 years
|
-
|
44566
|
45,475
|
Grade 1
|
|
|
|
|
|
Step 1
|
-
|
52428
|
53,498
|
|
Step 2
|
26
|
54367
|
55,476
|
|
Step 3
|
29
|
55836
|
56,975
|
|
Step 4
|
33
|
57776
|
58,955
|
Grade 2
|
|
|
|
|
|
Step 1
|
36
|
59389
|
60,601
|
|
Step 2
|
39
|
61079
|
62,325
|
|
Step 3
|
43
|
63386
|
64,679
|
|
Step 4
|
46
|
64973
|
66,298
|
Grade 3
|
|
|
|
|
|
Step 1
|
46
|
64973
|
66,298
|
|
Step 2
|
50
|
67532
|
68,910
|
|
Step 3
|
53
|
69337
|
70,751
|
Grade 4
|
|
|
|
|
|
Step 1
|
56
|
71297
|
72,751
|
|
Step 2
|
60
|
74077
|
75.588
|
|
Step 3
|
63
|
76420
|
77,979
|
Grade 5
|
|
|
|
|
|
Step 1
|
63
|
76420
|
77,979
|
|
Step 2
|
66
|
78730
|
80,336
|
|
Step 3
|
70
|
81837
|
83,506
|
Grade 6
|
|
|
|
|
|
Step 1
|
73
|
84220
|
85,938
|
|
Step 2
|
76
|
86689
|
88,457
|
|
Step 3
|
80
|
90125
|
91,964
|
(B) Apprentices Full-time
(Weekly Rate)
|
|
|
Per Week
|
|
|
|
$
|
Year 1
|
-
|
525.10
|
535.80
|
Year 2
|
-
|
692.80
|
706.90
|
Year 3
|
-
|
882.60
|
900.60
|
Year 4
|
-
|
1003.00
|
1023.50
|
Table 2 - Salary Related Allowances
Allowances will be
reviewed as set out in clause 10 (a) of this award, with the new allowance
rates being effective from the beginning of the first full pay period to
commence on or after 1 July 2021.
Item No.
|
Clause No.
|
Brief Description
|
1.7.2020
|
1.7.2021
|
|
|
|
$
|
$
|
1
|
8(i)
|
Chokage Allowance per day or
part thereof
|
9.85
|
10.05
|
2
|
8(ii)
|
Maintenance Operator -
Licence & Registration
|
Per
annum
|
Per
annum
|
|
|
Allowances
|
|
|
|
|
Electricians Licence
|
A Grade
|
2730
|
2,786
|
|
|
|
B Grade
|
1468
|
1,498
|
|
|
Registration Allowance
|
2055
|
2,097
|
|
|
(a) Plumber’s Licence
|
2699
|
2,754
|
|
|
(b) Gasfitter’s Licence
|
2699
|
2,754
|
|
|
(c) Drainer’s Licence
|
2329
|
2,377
|
|
|
(d) Plumber’s/Gasfitter’s
Licence
|
3601
|
3,674
|
|
|
(e) Gasfitter’s/Drainer’s
Licence
|
3601
|
3,674
|
|
|
(f) Plumber’s/Drainer’s
Licence
|
3601
|
3,764
|
|
|
(g)Plumber’s/Gasfitter’s/Drainer’s
Licence
|
4971
|
5,072
|
3
|
8(iv)
|
Leading Hand Allowance
|
Per
Annum
2,380
|
Per
Annum
2,429
|
4
|
8(v)
|
Broken Shift Allowance
|
Per
Day
15.15
|
Per
Day
15.45
|
5
|
8(vii)
|
Occupational First Aid
|
Per
Week
26.95
|
Per
Week
27.50
|
|
8(vii)
|
First Aid Allowance
|
18.10
|
18.45
|
6
|
8(ix)
|
Refrigeration Allowance
|
Per
Annum
721
|
Per
Annum
736
|
Table 3 – Expense Related Allowances
Adjustment of Allowances in Table 3 will be reviewed as set
out in:
Clause 10(i)(b) for Tool Allowances
and (c) Overtime Meal Allowances - with the new allowance rates being effective
from 1 July 2021.
Clause 10 (ii) for Dog Allowances are adjusted on 1 January each year in line with
the increases in the Consumer Price Index for Sydney during the preceding
calendar year.
Item No.
|
Clause
No.
|
Brief Description
|
1.7.2021
FFPP
on or after 1/7/2021
(i.e.
0.9% March 2021 Sydney CPI)
|
|
|
|
|
|
|
|
|
1
|
8(iii)
|
Maintenance Operator & Apprentice Tool
|
Per
week
|
|
|
Allowances
|
|
|
|
Carpenter
|
33.60
|
|
|
Electrician
|
21.20
|
|
|
Plumber
|
36.60
|
|
|
Motor Mechanic
|
36.60
|
|
|
Fitter & Turner
|
36.60
|
|
|
Welder
|
36.60
|
2
|
8(vi)
|
Dog Allowances
|
Per
week
|
|
|
Dog Allowance - 1 Dog*
|
3.99
|
|
|
Dog Allowance - 2 Dogs*
|
7.94
|
|
|
Dog Allowance - 1 Dog
|
11.47
|
|
|
Dog Allowance - 2 Dogs
|
22.93
|
|
|
|
|
3
|
8(viii)
|
Overtime Meal Allowance
|
|
|
|
First Meal
|
Per
ATO
|
|
|
Subsequent Meals
|
Per
ATO
|
Note: *Where dog is
fed meat supplied by the Department
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.