Crown Employees (Department of Regional NSW)
Professional Officers Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 144086 of 2021)
|
Before Commissioner Sloan
|
14 October 2021
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title of
the Award
2. Definitions
3. Salaries
4. Savings of
Rights
5. Progression
Criteria
6. Appeals
Mechanism
7. Minimum Qualification
Requirements and Commencing Rates
8. Allowances
9. Job
Evaluation
10. Grievance
and Dispute Settling Procedures
11. Anti-Discrimination
12. Deduction
of Union Membership Fees
13. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
PART A
1. Title of the Award
This Award will be known as the Crown Employees (Department of Regional NSW) Professional Officers
Award.
2. Definitions
(i) "Act"
means the Government Sector Employment
Act 2013.
(ii) "Association/Union"
means the Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales or the Association of Professional
Engineers, Scientists and Managers, Australia (NSW Branch) also known as
Professionals Australia.
(iii) "Department"
means the Department of Regional NSW, as specified in Schedule 1, Part 1 of the
Government Sector Employment Act
2013.
(iv) "Industrial
Relations Secretary" means the Secretary of the Department of Premier and
Cabinet, or as otherwise defined in Schedule 49(1) of the Government Sector Employment Act 2013.
(v) "Job
Evaluation" means a methodology agreed between the parties to grade
Professional Officer roles under this Award.
(vi) "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 are classified under this
Award.
(vii) "Normal Work"
as defined in clause 10, 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.
(viii) "Professional
Officer" means and includes all members of staff employed under the
provisions of the Act, who at or after the date of this Award, are assigned to
a role of, and were classified as, a Professional Officer under this Award, and
who meet the minimum qualification requirements pursuant to clause 7, Minimum
Qualification Requirements and Commencing Rates.
(ix) "Public
Service" means the Public Service as defined in Part 4 of the Government Sector Employment Act 2013.
(x) "Role"
means a role assigned to an employee as dealt with in Part 4 Division 5 of the Government Sector Employment Act 2013.
(xi) "Salary
Rates" means the ordinary time rate of pay for the member of staff’s
grading, excluding shift allowances, weekend penalties, and all other allowances
not regarded as salary.
(xii) "Secretary"
means the Secretary of the Department of Regional NSW.
(xiii) "Service"
means continuous service for salary purposes.
3. Salaries
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 Part B, Table 1 and
Table 2 of this award are subject to the rates as set by the Crown Employees (Public Sector - Salaries
2021) Award or any award replacing it.
4. Savings of Rights
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.
5. Progression
Criteria
(i) A
member of staff who has been in receipt of the maximum salary prescribed for
their Grade for 12 months will be eligible to progress to the next Grade, up to
Grade 4, subject to satisfying the progression criteria, other than Research
Station Managers.
(ii) Research
Station Managers can be graded at level 3, 4 or 5 of the Professional Officers'
scale. Research Station Managers will
commence at the minimum rate of the grade applicable to the role assigned and
will only be filled by comparative assessment and demonstrating the ability to
undertake the capabilities outlined in the Government Sector Capabilities
Framework and the existence of a vacancy.
(iii) Single graded
roles above Grade 4 will only be filled by comparative assessment and
demonstrating the ability to undertake the capabilities outlined in the
Government Sector Capabilities Framework and the existence of a vacancy.
6. Appeals Mechanism
(i) A
member of staff will have the right to appeal a decision made by the Department
in relation to progression between Grade 1 and Grade 4.
(ii) A member of
staff who wishes to appeal against a decision refusing progression between
grades, pursuant to subclause (i) of clause 5,
Progression Criteria, must submit a written submission outlining their case to
the Director Industrial Relations within twenty eight
(28) days of being advised of the decision.
(iii) The Director
Industrial Relations will constitute an appeals panel consisting of one (1)
Management representative, one (1) Association representative, and one (1) peer
acceptable to the Department and Association.
(iv) The appeals
panel will meet within twenty-eight (28) days of an appeal being lodged by a
member of staff. The appeals panel will forward their written recommendation on
hearing the appeal to the Secretary, or delegated member of staff, for
approval.
(v) The Secretary,
or delegated member of staff, will advise the member of staff who has lodged
the appeal of their decision on the appeal within seven (7) days of the appeal
being heard.
(vi) This appeals procedure
does not cover matters dealt with by clause 24 of the Rule.
7. Minimum
Qualification Requirements and Commencing Rates
The qualifications described in subclauses (i) to (v) of this clause describe the minimum tertiary
qualifications required for classification as a Professional Officer. In
addition to minimum tertiary qualifications, all Professional Officers must
demonstrate the ability to undertake the capabilities outlined in the
Government Sector Capability Framework relevant to the relevant role and grade.
(i) The
commencing rate of salary payable to a member of staff who has obtained a
degree, or equivalent qualifications, at a recognised University or tertiary
institution, requiring a minimum of three years full time study, or other qualifications
deemed by the Department to be the equivalent thereof will be the rate
prescribed for the first year of service at Grade 1.
(ii) The commencing
rate of salary payable to a member of staff who has in addition to the
qualifications specified in subclause (i) of this
clause, has completed an additional course study to qualify for degree honours,
or has obtained a degree and additional qualifications at a recognised
University, and/or tertiary institution, requiring a minimum of four years full
time study, or qualifications deemed by the Department to be equivalent
thereof, will not be less than the rate prescribed for Grade 1 Year 2.
(iii) The commencing
rate of salary payable to a member of staff who has obtained a relevant
post-graduate degree at a recognised University, or other qualifications deemed
by the Department to be the equivalent thereof, will not be less than the rate
prescribed for Grade 1 Year 3.
(iv) The commencing
rate of salary payable to a member of staff who has obtained a degree in
Veterinary Science which is registrable in NSW will not be less that the rate
prescribed for Grade 1 Year 4.
(v) Assignment to
either a Grade 8 or 9 role, is not dependent on degree, or post-graduate degree
qualifications. For consideration for assignment to a vacant Grade 8 or 9 role,
the member of staff who applies for a vacant role at either Grade will have
been assessed to hold generic competencies comparable to Levels 7 or 8, of the
Australian Qualification Framework (AQF), accredited by the National Training
Authority, or to have been assessed as holding generic competencies for Levels
7 and 8 (ASF) which may be developed for National Competency Standards - Public
Administration, during the operation of this Award.
8. Allowances
(i) A
member of staff who is assigned to a role in Charge of a Veterinary Laboratory
will be paid an allowance of an amount as set out in Item 1 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates, which will be calculated as
part of the members of staff’s salary for all purposes.
(ii) Members of
staff assigned to a role in Charge of a Veterinary Laboratory will be assigned
for a period of up to two (2) years, with all future assignments to this role
being determined by merit selection following internal advertisement through
the relevant Veterinary Laboratory.
(iii) The allowance
referred to in subclause (i) of this clause will be
subject to all adjustments made in relation to Allowances included in the Crown
Employees (Public Sector - Salaries 2021) Award, or any other subsequent
Award(s) establishing allowances in the public service.
9. Job Evaluation
(i) Roles
classified as Professional Officers will be graded in accordance with the
accredited Job Evaluation methodology agreed by the Department, the Industrial
Relations Secretary and Associations, or any other methodology agreed between
the parties during the operation of this Award to grade Professional Officer
roles.
(ii) The grading of
Professional Officers roles will be carried out in consultation between the
Department and Associations 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; and
(c) at the request
of any party to this Award provided that the role occupied by the 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.
10. 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 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 the
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 (x) 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.
11.
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
of 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
the 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 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 this 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".
12. Deduction of Union
Membership Fees
(i) the
Union will provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the Union in accordance with the union's
rules.
(ii) The union will
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable will be provided to the employer at least one month in
advance of the variation taking effect.
(iii) Subject to (i) and (ii) above, the employer will deduct union
fortnightly membership fees from the pay of any employee who is a member of the
union in accordance with the union's rules, provided that the employee has authorised
the employer to make such deductions.
(iv) Monies so
deducted from employee's pay will 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.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees will be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause will be
read as requiring the employee to make a fresh authorisation in
order for such deductions to continue.
13. Area, Incidence
and Duration
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 replacement Awards.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
rescinds and replaces the Crown Employees (NSW Department of Industry)
Professional Officers Award published
20 February 2019 (385 I.G. 859).
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.
This 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 1.07.2021
|
(A) Full Time
|
1.7.2021 Annual
Rate
|
Common Salary
Points
|
|
|
2.04%
|
|
|
|
$
|
|
|
Grade 1
|
Year 1
|
66,298
|
46
|
|
|
Year 2
|
68,910
|
50
|
|
|
Year 3
|
72,751
|
56
|
|
|
Year 4
|
78,736
|
64
|
|
|
Year 5
|
83,506
|
70
|
|
|
Year 6
|
88,457
|
76
|
|
Grade 2
|
Year 1
|
92,788
|
81
|
|
|
Year 2
|
95,539
|
84
|
|
|
Year 3
|
98,451
|
87
|
|
|
Year 4
|
102,403
|
91
|
|
Grade 3
|
Year 1
|
106,672
|
95
|
|
|
Year 2
|
110,064
|
98
|
|
|
Year 3
|
112,255
|
100
|
|
|
Year 4
|
115,483
|
103
|
|
Grade 4
|
Year 1
|
120,096
|
107
|
|
|
Year 2
|
123,693
|
110
|
|
|
Year 3
|
127,332
|
113
|
|
Grade 5
|
Year 1
|
131,094
|
116
|
|
|
Year 2
|
133,712
|
118
|
|
Grade 6
|
Year 1
|
137,826
|
121
|
|
|
Year 2
|
142,087
|
124
|
|
Grade 7
|
Year 1
|
146,734
|
127
|
|
|
Year 2
|
151,609
|
130
|
|
Grade 8
|
Year 1
|
159,015
|
132
|
|
|
Year 2
|
167,027
|
133
|
|
Grade 9
|
Year 1
|
175,479
|
134
|
|
|
Year 2
|
184,361
|
135
|
(B) Part-Time
Hourly Rate Formulae
|
Annual Salary
|
1
|
|
|
52.17857143 x
|
35
|
1 hours pay
|
Table 2 - Other Rates and Allowances
Effective from the beginning of the first pay period to
commence on or after 1.07.2021
|
Item No
|
Clause No
|
Brief Description
|
1.7.2021 Amount
|
|
|
|
|
2.04%
|
|
|
|
|
$
|
|
1
|
8(i)
|
OIC Veterinary Laboratory
|
7,823 per annum
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.