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New South Wales Industrial Relations Commission
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Crown Employees (Office of Sport - Program Officers) Award
  
Date06/17/2022
Volume392
Part2
Page No.199
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C9464
CategoryAward
Award Code 1760  
Date Posted06/17/2022

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(1760)

SERIAL C9464

 

Crown Employees (Office of Sport - Program Officers) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Case No. 168901 of 2021)

 

Before Commissioner Sloan

21 October 2021

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.        Subject Matter

 

1.        Arrangement

2.        Title

3.        Definitions

4.        Parties

5.        Appointment and Employment

6.        Rates of Pay

6A.      Calculation of Service

7.        Temporary and Casual Employment

8.        Mobile Positions

9.        General Conditions of Employment

10.      Hours of Duty

10A.    Public Holidays

11.      On Call

12.      Sport and Recreation Allowance

13.      Night Duty Allowance

14.      Recreation Leave and Annual Leave Loading

15.      Compensatory Leave

16.      Accommodation and Residential Requirements

17.      Staff to Client Ratios

18.      Protective Clothing and Equipment

19.      Immunisations

20.      Accreditations

21.      Professional Development

22.      Transfers Between Centres

23.      Variable Year Employment

24.      Deduction of Union Membership Fees

25.      Anti-Discrimination

26.      No Extra Claims

27.      Area, Incidence and Duration

 

PART B

 

Table 1 - Rates of Pay - Program Officers - Ongoing Employees

Table 2 - Rates of Pay - Program Officers - Temporary and Casual Employees

Table 3 - Rates of Pay - Program Officer (Group Leader)

Table 4 - Allowances

 

SCHEDULES

 

Schedule 1 - Centre and Academy Locations

 

2.  Title

 

2.1      This award will be known as the Crown Employees (Office of Sport - Program Officers) Award.

 

3.  Definitions

 

"Act" means the Government Sector Employment Act 2013.

 

"Agency" means the Office of Sport.

 

"Agency Head" means the Chief Executive of the Office of Sport.

 

"AQF" refers to the Australian Qualifications Framework.

 

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

 

"Bivouac" refers to an under canvas/camping activity conducted by Program Officers for client groups.

 

"Centre" refers to an Agency residential establishment or site as listed at Schedule 1 where instruction is provided in outdoor recreation for members of the community. It also includes any place designated as part of, or as an annex to, such an establishment.

 

"Centre Manager" refers to the Centre Manager or Manager Delivery and Outreach of a Centre of the Agency.

 

"Chief Executive" means the Chief Executive of the Office of Sport.

 

"Day Duty" refers to hours of duty performed between 7.00am and 7.30pm but does not include meal breaks or periods where an employee is on call.

 

"Employee" refers to and includes all persons employed under the provisions of the Government Sector Employment Act 2013 and who, as at the operative date of this award, were occupying one of the roles covered by this award or who, after that date, are appointed to or employed in any of such roles.

 

"Executive Director" means the Executive Director, Regional Delivery of the Agency.

 

"Hours of Duty" refers to the period of time an employee is rostered to deliver client services on day duty, night duty and on duty during a bivouac, but does not include meal breaks or periods where an employee is on call.

 

"Industrial Relations Secretary" has the same meaning as in the Government Sector Employment Act 2013.

 

"Night Duty" refers to hours of duty performed between 7.30pm and 7.00am but does not include meal breaks or periods where an employee is on call.

 

"On Call" refers to periods where an employee is required to be in attendance at the workplace or at a bivouac but during which the employee is off duty and is permitted to undertake personal activities including sleep but, where circumstances require it, may be called to duty.  Periods of on call will not be regarded as rostered hours of duty.

 

"Program Officer" refers to an employee employed to deliver programs, services and products encompassing structured educational programs, coordination, coaching and instruction of sport and recreational activities and provision of liaison services to community, sporting, corporate and other client groups.

 

"Program Officer (Group Leader) Grade 1" refers to an employee employed to provide support services to and liaise with clients using Sport and Recreation Centres, not including facilitation of sport and active recreation activities, or providing support for clients engaged in non-educational activities and programs."

 

"Program Officer (Group Leader) Grade 2" refers to an employee employed to provide instruction and deliver sport and active recreation programs and activities that do not require the achievement of educational outcomes, or directing the activities of Program Officer (Group Leader) Grade 1 employees in the delivery of non- educational programs."

 

"Regional Director" means a Regional Director of the Regional Delivery Group of the Agency.

 

"Regulation" means the Government Sector Employment Regulation 2014.

 

"Rules" means the Government Sector Employment (General) Rules 2014.

 

"Sport and Recreation" means the Regional Delivery Group of the Agency.

 

4.  Parties

 

4.1      This award has been made between the following parties:

 

(i)       The Industrial Relations Secretary

 

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

 

(iii)     The Office of Sport

 

5.  Appointment and Employment

 

5.1      The appointment or employment of employees to vacant roles will be by competitive merit selection, or by transfer between like roles, as set out in the Act.

 

5.2      Program Officers will be appointed or employed on the basis of possessing tertiary qualifications in a relevant field and appropriate knowledge, skills and experience as determined by the Executive Director. Relevant fields include, but are not limited to, Education, Arts, Social Sciences, Applied Science, Health and Human Movement. The minimum entry level qualification required is a degree or alternatively, Certificate IV (AQF) Outdoor Recreation and relevant industry experience.

 

5.3      Program Officers (Group Leader) are employed on a temporary or casual basis only.

 

5.4      Program Officers (Group Leader) must have completed four years of secondary school and undertake a suitability assessment or have equivalent experience in a similar environment and hold a current Royal Life Saving Society (RLSS) Swim and Survive Award, Resuscitation Award, First Aid Qualification and have obtained Sport and Recreation Activity Accreditation Scheme (SRAAS) accreditation as prescribed by the SRAAS policy. In addition, Program Officers (Group Leader) must provide evidence of experience and/or qualifications.

 

6.  Rates of Pay

 

6.1      This award is listed in Schedule A of the Crown Employees (Public Sector - Salaries 2021) Award and salaries and allowances payable to employees will be in accordance with that award or any award replacing it. The rates set out at Part B - Tables 1, 2, 3,& 4 of this award are subject to the rates as set by the Crown Employees (Public Sector - Salaries 2021) Award or any award replacing it.

 

6A.  Calculation of Service

 

6A1     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 of the Government Sector Employment Act 2013."

 

7.  Temporary and Casual Employment

 

7.1      A temporary employee may be employed under section 43(b) of the Act to carry out the duties of a position that is temporarily vacant or to provide additional assistance during busy periods. The nature of the employment will be regular and for a fixed period of time.

 

7.2      A casual employee may be employed under section 43(c) of the Act. The nature of the employment will be irregular, intermittent, of short duration and may have arisen due to unforeseen staff shortages or emergencies.

 

7.3      Temporary and casual Program Officers will be paid on a daily or half daily basis at the appropriate rate prescribed in Table 2 of Part B, of this Award commensurate with their skills, experience and qualifications as determined by the Centre Manager.

 

7.4      The casual rates of pay for Program Officer specified at Table 2 of Part B, include a loading and represent full remuneration for employment (including recreation leave), with the exception of entitlements provided in clause 13, Night Duty Allowance, and at Appendix 1 of this award.

 

7.5      The rates of pay for Program Officer (Group Leader) are specified at Part B, Table 3.  These rates represent full remuneration of employment with the exception of entitlements provided under subclause 7.7 of this clause and clause 13, Night Duty Allowance, of this award.

 

7.6      Temporary and casual employees may be engaged for a period of less than one full day within the term of their employment. An employee engaged on a half-day basis (up to 3.5 hours) will attract a salary of 50% of the rate specified at Table 2 of Part B, for program officers or Table 3 for Program Officer (Group Leaders).  Duty that extends beyond half day (3.5 hours) will attract the full daily rate of pay.

 

7.7      Temporary Program Officers, Program Officer (Group Leaders) engaged for periods of three months or less will receive 6/46ths of salary earned during their employment in lieu of recreation leave entitlements when their period of employment ends.

 

8.  Mobile Positions

 

8.1      Three ongoing mobile program officer roles may be established by the Agency. These roles will be based at Sport and Recreation’s central office however employees assigned to these roles will be deployed across locations where the need arises.

 

8.2      Travel allowances for employees in mobile roles will be payable in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, or any replacement award.

 

8.3      Employees appointed to mobile roles may apply to transfer to an advertised ongoing program officer vacancy at a Centre or Academy after 12 months continuous service in a mobile role.  Such transfers will require the approval of the Executive Director.

 

8.4      The Association will be consulted if the Agency proposes to increase the number of mobile roles established.

 

9.  General Conditions of Employment

 

9.1      All other conditions not specified in this award will be provided in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or any replacement award.

 

10.  Hours of Duty

 

10.1    The contract hours of duty will be 35 hours per week, exclusive of meal breaks and will be worked over 20 days within a four week roster cycle. Hours of duty may be undertaken on any day of the week and may comprise day duty and night duty.

 

10.2    Employees will be rostered according to client needs and may be required to commence duty at any time during the day.

 

10.3    Rosters will be displayed in an area available to all employees no less than five (5) days before the beginning of the four week roster cycle.  A roster may be altered at any time to enable the service of a Centre to be delivered. A minimum of 24 hours notice of roster variations will be given wherever possible.

 

10.4    An employee may be requested to work when a rostered employee is absent from duty on account of illness, in an emergency or due to unforeseen circumstances but only if it reasonable for the employee to be required to do so.

 

10.5    An employee may refuse to work additional hours resulting from a roster change in circumstances where the working of such hours would result in the employee working unreasonable hours. In determining what is unreasonable, the following factors will be taken into account:

 

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

 

(ii)      any risk to employee health and safety;

 

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

 

(iv)     the notice (if any) given by the Manager and by the employee of their intention to refuse to work the additional hours, or

 

(v)      any other relevant matter

 

10.6    Employees will be rostered for 20 days within a four week roster cycle. Permanent and temporary program officers who are required to undertake duty on days in excess of 20 days in a four week roster cycle will be entitled to accumulate one day compensatory leave for each day worked in excess of twenty.

 

10.7    Night duty and hours worked in excess of 35 hours per week by permanent and temporary program officers are compensated by way of payment of the sport and recreation allowance (see clause 12), additional recreation leave (see subclause 14.2) and compensatory leave (see clause 15).

 

10.8    Meal breaks must be given to and taken by employees. No employee will be required to work continuously for more than 5 hours without a meal break, provided that:-

 

10.8.1 Where it is not possible for an employee to be provided with an uninterrupted meal break, the meal break will be counted as part of the employee’s paid hours of duty.

 

10.9    All employees must record their hours of duty each day in an approved form, specifying start and finish times and meal breaks.

 

10A.  Public Holidays

 

10A.1  Employees rostered for duty on a Public Holiday will count the hours actually worked towards their contract hours of duty and the day will be counted as a day worked within the four week roster cycle.

 

10A.2  Public Holiday duty is compensated by way of payment of the sport and recreation allowance (see clause 12) and compensatory leave (see paragraph (ii) of subclause 15.1).

 

10A.3  Employees not rostered for duty on a Public Holiday will count 7 hours towards their contract hours of duty and the day will be counted as a day worked within the four week roster cycle.

 

11.  On Call

 

11.1    Employees may be required to perform on call duties as a regular part of their role to support the safety and welfare of clients. When on call overnight, an employee will be required to reside on site in Centre accommodation in order to respond immediately to emergencies or situations requiring the assistance of an employee.

 

11.2    Employees will be provided with free lodging for each night they are required to be on call overnight.

 

11.3    Employees must report any disturbances to the Centre Manager.  If the incident is serious and/or resulted in a significant disruption to the employee’s sleep, the Centre Manager will be required to make an assessment of the employee’s ability to continue duty if rostered on the next day.

 

11.4    Compensation for on call undertaken by ongoing and temporary program officers is provided through payment of the sport and recreation allowance (see clause 12 of this award) and compensatory leave (see clause 15 of this award).

 

12.  Sport and Recreation Allowance

 

12.1    The sport and recreation allowance prescribed in Table 4 of Part B, of this award is payable to all ongoing Program Officers, except as provided at subclause 12.7 of this clause.

 

12.2    Temporary Program Officers will be entitled to the daily allowance prescribed in Table 4 of Part B, for each day they are employed. Casual Program Officers and instructional staff are not entitled to the sport and recreation allowance.

 

12.3    The sport and recreation allowance is payable for all incidences of employment, except as provided at subclause 12.5 of this award, and will be regarded as part of salary for superannuation purposes.

 

12.4    The sport and recreation allowance is in lieu of:

 

(i)       overtime payments and allowances paid for:

 

night duty and/or on call on up to eight occasions in a roster period

 

weekend work

 

public holiday duty

 

(ii)      meal interruptions

 

(iii)     working in adverse conditions (for example, but not restricted to, inclement weather).

 

12.5    The sport and recreation allowance does not compensate for employees sleeping outdoors as part of a bivouac, who will be paid a camping allowance as provided in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or any replacement award. The camping allowance will be paid at the rate applicable for a Non Established Camp, as determined by the Industrial Relations Secretary from time to time.

 

12.6    The sport and recreation allowance will be adjusted in accordance with variations to the Crown Employees (Public Sector - Salaries 2021) Award or any replacement award.

 

12.7    The sport and recreation allowance will not be payable during temporary assignments to roles that are not covered by this award.

 

13.  Night Duty Allowance

 

13.1    Casual Program Officers are entitled to the night duty allowance prescribed at Table 4 of Part B, of this award if they are rostered for night duty or are required to be on call overnight.

 

13.2    Program Officer (Group Leaders) are entitled to the allowance specified at Part B, Table 4, of this award if they are required to be on call overnight.

 

14.  Recreation Leave and Annual Leave Loading

 

14.1    Employees will be entitled to recreation leave as provided for in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or any replacement award.

 

14.2    In addition to the entitlements under subclause 14.1 of this clause, employees will be entitled to accrue an additional ten days recreation leave per annum as compensation for day duty performed that is in excess of the contract hours of duty.

 

14.3    An employee will take at least two consecutive weeks of recreation leave every 12 months, except by agreement with the Regional Director in special circumstances.

 

14.4    Employees are entitled to accrue up to a maximum of 40 days recreation leave before they will be directed to take a minimum of two weeks recreation leave within three months of the notification at a time convenient to the Centre.

 

14.5    The employee will be notified when accrued recreation leave reaches 50 days and will be directed to take at least two weeks recreation leave within six weeks of the notification. This leave is to be taken at a time convenient to the Centre.

 

14.6    Rates of pay provided for in this award at Part B, Tables 1, 2 and 3 incorporate payment for annual leave loading.

 

15.  Compensatory Leave

 

15.1    Ongoing and temporary Program Officers will accrue compensatory leave, subject to subclause 15.2 of this clause, in the following circumstances:

 

(i)       In accordance with subclause 10.6 of clause 10, Hours of Duty, of this award, one day of compensatory leave will accrue for each day worked in excess of 20 in a roster cycle.

 

(ii)      Employees rostered for duty on a public holiday at any time during the roster cycle will accrue 1.5 days compensatory leave.

 

(iii)     Employees who are rostered to perform night duty or are required to be on call overnight on more than eight occasions in any roster period will accrue compensatory leave as follows:

 

one day of compensatory leave will accrue for overnight night duty/on call.

 

a half day of compensatory leave will accrue for night duty/on call that does not require the employee for the entire night provided a minimum of 7 hours duty in total (day and night duty) has been worked.

 

Employees can be rostered for night duty or required to be on call overnight on up to eight occasions in each roster period before compensatory leave accrues.

 

(iv)     The number of nights rostered to achieve accrual of compensatory leave will be on a pro-rata basis for each week of leave taken in a roster period:

 

Where one week of leave is taken compensatory leave will accrue in accordance with paragraph (iii) of this subclause when the employee is required to perform night duty or be on call overnight on more than 6 occasions.

 

Where two weeks of leave is taken compensatory leave will accrue in accordance with the said paragraph (iii) when the employee is required to perform night duty or be on call overnight on more than 4 occasions.

 

Where three weeks of leave is taken compensatory leave will accrue in accordance with the said paragraph (iii) when the employee is required to perform night duty or be on call overnight on more than 2 occasions.

 

(v)      Hours of duty performed in excess of 40 hours per week will attract compensatory leave, on an hour for hour basis, up to a maximum of 91 hours per annum.  Compensatory leave accrued under this paragraph is not counted towards the limit on accumulation set at subclause 15.2 for compensatory leave accrued under paragraphs (i)-(iv) of this subclause.

 

15.2    Employees may accumulate up to ten days compensatory leave accrued in accordance with paragraphs (i), (ii), (iii) and (iv) of subclause 15.1 of this clause.

 

15.3    Employees should use their compensatory leave in the roster cycle following the roster in which it was accrued, wherever possible.

 

15.4    Employees may be directed by the Centre Manager to take accrued compensatory leave during seasonal downturns and quiet times.

 

15.5    Compensatory leave balances should be reduced to zero at the commencement of each year, or before a transfer to another Centre or to a position not covered by this award.

 

16.  Accommodation and Residential Requirements

 

16.1    Program Officers who elect to reside in separate housing accommodation, where available, within a Centre will pay rent on accommodation as determined by the Executive Director.

 

16.2    Program Officers who elect to reside in separate housing accommodation, where available, within a Centre will pay a utilities charge as determined by the Executive Director. This charge will be considered payment of the employee’s contribution to the cost of personal electricity, gas/heating and telephone use.

 

16.3    Program Officers who elect to occupy shared accommodation where it is available within a Centre are not required to pay rent on the days when they are rostered on program duty. Rent will be paid at all other times in accordance with the Meals & Accommodation Policy.

 

17.  Staff to Client Ratios

 

17.1    The number of clients to which a Program Officer or Program Officer (Group Leader) will be required to supervise in the participation of an outdoor recreation activity will be limited to 32 unless the employee is accompanied by another adult or visiting teacher.

 

18.  Protective Clothing and Equipment

 

18.1    The Agency will provide ongoing and temporary employees employed for periods in excess of 12 months with the following items:

 

(i)       1 x pair of sunglasses (approved by the NSW Cancer Council)

 

(ii)      1 x sunhat that provides adequate sun coverage

 

(iii)     Sunscreen

 

(iv)     1 x sleeping bag

 

(v)      1 x gortex raincoat

 

(vi)     1 x 2-way radio for use during activities held off-site

 

All items may be retained by the employee, with the exception of the two-way radio which must be returned to the Centre when the employee leaves his/her position.

 

18.2    Ongoing and temporary employees will be paid a laundry allowance as provided in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or any replacement award.

 

18.3    Clothing and equipment specified under subclause 18.1 of this clause will be purchased in accordance with NSW Government Procurement Guidelines and where possible, goods will be Australian Made.

 

19.  Immunisations

 

19.1    The Agency will offer all ongoing and temporary employees who are to be employed for three months or longer, immunisations against Hepatitis A and Hepatitis B.  The Agency will fund the cost of the injections including the post vaccination serology tests.

 

20.  Accreditations

 

20.1    The Agency will support the continuing first aid and resuscitation accreditation of Program Officers and will fund the cost of the training and provide paid time for the employee to achieve this accreditation.

 

20.2    The Agency may provide support for other accreditations deemed essential for employees at specific locations.  These could include, but are not limited to, boat licences and bus licences.

 

21.  Professional Development

 

21.1    The Agency is committed to the professional development of employees. The Agency will identify the training and development needs of employees and provide opportunities for skill and professional development. In turn employees will undertake to professionally develop their skills and knowledge and apply these to the best of their ability.

 

22.  Transfers Between Centres

 

22.1    After two years of continuous service, an employee may apply for transfer to an advertised vacancy at another Centre. Such transfers will require the approval of the Executive Director.

 

22.2    An employee’s place of work may be changed by approval of the Executive Director from one Centre to another on a temporary basis for reasons of skills transfer, to meet seasonal or unexpected client demand, emergency or at the employee’s request.

 

22.3    If a Centre is closed due to seasonal demand, or is temporarily not providing services for reasons of emergency, employees may be required to temporarily relocate to another Centre for up to one roster period with extension by mutual agreement or, alternatively to take accrued leave.

 

22.4    Subclauses 22.2 and 22.3 of this clause will be subject to consultation with the employee and personal circumstances will be taken into account.

 

22.5    Transfers between Centres will be in accordance with the provisions of the Act and the guidelines issues by the Industrial Relations Secretary from time to time.

 

23.  Variable Year Employment

 

23.1    Ongoing employees may choose to take a year’s leave after working for a period of four (4) years with the Agency.  This leave may be unpaid or paid leave.

 

23.2    Employees may choose to have regular deductions from their pay for the preceding four years to allow for the fifth year of employment to be on full or part pay.

 

23.3    Employees may take advantage of variable year employment for reasons of family responsibilities, academic study, travel, or alternative employment.

 

23.4    Applications for variable year employment will be submitted to the Executive Director for approval.  The employee will retain a right of return to their original role.

 

24.  Deduction of Union Membership Fees

 

24.1    The Association will provide the Agency with a schedule setting out fortnightly union membership fees payable by members of the union in accordance with the union’s rules.

 

24.2    The Association will advise the Agency of any change to the amount of fortnightly union membership fees made under its rules. Any variation to the schedule of fortnightly union membership fees payable will be provided to the Agency at least one month in advance of the variation taking effect.

 

24.3    Subject to subclauses 24.1 and 24.2 of this clause, the Agency will deduct union fortnightly membership fees from the pay of any employee who is a member of the Association in accordance with the Association’s rules, provided that the employee has authorised the Agency to make such deductions.

 

24.4    These deductions from an employee’s pay will be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to the employee’s union membership accounts.

 

24.5    Unless the Agency and the Association agree to other arrangements, all union membership fees will be deducted on a fortnightly basis.

 

24.6    Where an employee has already authorised the deduction of union membership fees from his or her pay before 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.

 

25.  Anti-Discrimination

 

25.1    It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age or responsibilities as a carer.

 

25.2    It follows that in fulfilling their obligations under the Grievance and Dispute Settling Procedures prescribed by the Crown Employees (Public Sector - Salaries 2018) 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.

 

25.3    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.

 

25.4    Nothing in this clause is to be taken to affect:

 

25.4.1 Any conduct or act which is specifically exempted from anti-discrimination legislation;

 

25.4.2 Offering or providing junior rates of pay to persons under 21 years of age;

 

25.4.3 Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti‑Discrimination Act 1977;

 

25.4.4 A party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

25.5    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.

 

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

 

25.5.2 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."

 

26.  No Extra Claims

 

26.1    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.

 

27.  Area, Incidence and Duration

 

27.1    This award will apply to all staff employed by the Agency who are employed in the classifications of Program Officer and Program Officer (Group Leader).

 

27.2    The employees 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 provided for by the  Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and the Crown Employees (Public Sector - Salaries 2021) Award or any replacement awards.

 

27.3    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Office of Sport - Program Officers) Award published 6 Sptember 2019 (385 I.G. 157), as varied.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (385 I.G. 157) take effect on and from 21 October 2021.

 

27.4    Changes made to this award subsequent to it first being published on 11 July 2008 (366 I.G. 159) have been incorporated into this award as part of the review.

 

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

 

PART B

 

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

 

Annual incremental progression from level to level within the classification of Program Officer will be on the anniversary of assignment to a role; and subject to satisfying the provisions of clause 14, Increments, of the Government Sector Employment Regulation 2014.

 

The classification of Program Officer (Group Leader) is comprised of two separate grades.

 

Table 1 - Rates of Pay - Program Officers - Ongoing

 

Classification and Grades

1.7.21

 

Per annum

 

2.04%

 

$

Program Officers

 

Level 1

62,096

Level 2

64,528

Level 3

68,171

Level 4

73,041

Level 5

75,474

Level 6

79,138

Level 7

82,782

Level 8

86,443

Level 9

90,084

Level 10

93,747

Level 11

97,383

Level 12

99,821

 

Table 2 - Rates of Pay - Program Offers - Temporary and Casual Employees

 

Program Officers - Temporary employees

1.7.21

 

Per day

 

2.04%

 

$

Level 1

238.35

Level 2

247.05

Level 3

260.65

Level 4

280.55

Level 5

289.25

Level 6

302.90

Level 7

317.80

Level 8

331.35

Level 9

345.10

Level 10

358.75

Level 11

373.65

Level 12

382.35

 

 

Program Officers - Casual Employees

1.7.21

 

Per day

 

2.04%

 

$

Level 1

267.80

Level 2

278.25

Level 3

294.00

Level 4

314.90

Level 5

325.50

Level 6

341.20

Level 7

357.00

Level 8

372.75

Level 9

388.45

Level 10

404.30

Level 11

420.00

Level 12

430.40

 

Table 3 - Rates of Pay - Program Officer (Group Leader)

 

Program Officer (Group Leader) *

1.7.21

 

Per day

 

2.50%

 

$

Grade 1

208.10

Grade 2

252.45

 

The Classification of Assistant Group Leader previously contained in the award has been deleted as obsolete.

 

Table 4 - Allowances

 

Sport and recreation allowance - Ongoing Employees Program Officers (per annum)

121,72

Sport and recreation allowance- Temporary Program Officers (per day)

46.70

Night duty allowance - Casual Program Officers (per night)

99.60

Night duty allowance - Program Officer (Group Leaders) (per night)

48.05

 

SCHEDULE 1

 

CENTRE AND ACADEMY LOCATIONS

 

Berry Sport and Recreation Centre

 

660 Coolangatta Road

 

BERRY NSW 2535

 

Borambola Sport and Recreation Centre

 

1980 Sturt Highway

 

WAGGA WAGGA NSW 2650

 

Broken Bay Sport and Recreation Centre

 

BROOKLYN NSW 2083

 

Lake Ainsworth Sport and Recreation Centre

 

Pacific Parade

 

LENNOX HEAD NSW 2478

 

Lake Burrendong Sport and Recreation Centre

 

Tara Road

 

MUMBIL NSW 2820

 

Jindabyne Sport and Recreation Centre

 

The Barry Way

 

JINDABYNE NSW 2627

 

Lake Keepit Sport and Recreation Centre

 

Fitness Camp Road

 

GUNNEDAH NSW 2380

 

Milson Island Sport and Recreation Centre

 

BROOKLYN NSW 2083

 

Myuna Bay Sport and Recreation Centre

 

Main Road

 

DORA CREEK NSW 2264

 

Point Wolstoncroft Sport and Recreation Centre

 

Kanangra Drive

 

GWANDALAN NSW 2259

 

Sydney Academy of Sport and Recreation

 

Wakehurst Parkway

 

NARRABEEN NSW 2101

 

 

 

D. SLOAN, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

 

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