Crown Employees (General Staff - Salaries) Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Case No. 167345 of 2021)

 

 

REVIEWED AWARD

 

1.  Arrangement

 

PART A

 

Clause No.        Subject Matter

 

1.        Arrangement

2.        Definitions

3.        Parties

4.        Salaries

5.        Hours of Work

6.        Transition Arrangements

7.        Grievance and Dispute Settling Procedure

8.        Anti-Discrimination

9.        Salary Sacrifice to Superannuation

10.      Deduction of Union Membership Fees

11.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Schedule A - Classifications and Rates of Pay

 

2.  Definitions

 

In this award:

 

(i)       "Employee" means and includes any person appointed to or performing the duties of any of the roles covered by this award.

 

(ii)      "Industrial Relations Secretary" or "Secretary" means the employer for industrial purposes under s49 of the Government Sector Employment Act 2013.

 

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

 

3.  Parties

 

This award is made between the Industrial Relations Secretary and the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

4.  Salaries

 

(i)       Salaries for classifications covered by this Award are adjusted by the Crown Employees (Public Sector - Salaries 2021) Award (or its replacement) and are found in the salary tables attached to that award.

 

(ii)      The salaries payable are prescribed in the said Part B.

 

5.  Hours of Work

 

Employees covered by this award will continue to maintain the existing arrangements regarding hours of work allocated to their classification as determined in their organisation as at the making of this award.

 

6.  Transition Arrangements

 

In relation to the classification of Photographer Grade 3 as set out in Schedule A - Classifications and Rates of Pay, of Part B, Monetary Rates, the following transitional arrangements will apply in relation to existing staff employed within the Arts portfolio as at the making of this award:

 

Employees currently employed at the maximum rate as a Photographer Grade 2 within the Arts portfolio will be progressed to the first year rate of Photographer Grade 3 based on their organisation’s assessment as to whether all the following criteria apply:

 

(i)       the employee being at the Photographer Grade 2 level for at least 12 months;

 

(ii)      work being available (encompassing the criteria for appointment that attaches to the Grade 3 level as set out in Schedule A), and the existence of a Photographer Grade 3 position within the organisation;

 

(iii)     successful completion of a relevant certificate or degree and/or significant equivalent experience;

 

(iv)     the employee having used both traditional and digital equipment in their work; and

 

(v)       the conduct and services of the employee being of a satisfactory standard.

 

These transitional arrangements will apply in relation to existing employees moving from Grade 2 to Grade 3 Photographer. All future appointments as a Photographer Grade 3 will be based on normal merit selection requirements and the availability of a position at the Grade 3 level.

 

7.  Grievance and Dispute Settling Procedure

 

(i)       All grievances and dispute resolution 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 appropriate department/institute, if required.

 

(ii)      An employee is required to notify in writing their immediate manager as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter and, if possible, state the remedy sought.

 

(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 officer to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Agency Head or delegate.

 

(iv)     The immediate manager, or other appropriate officer, will convene a meeting 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 employee may request to meet the appropriate person at the next level of management to resolve the matter.  This manager will respond within two working days, or as soon as practicable.  This sequence of reference to successive levels of management may be pursued by the employee until the matter is referred to the Agency Head or delegate.

 

(vi)     The Agency Head or delegate may refer the matter to the Industrial Relations Secretary for consideration.

 

(vii)    If the matter remains unresolved, the Agency Head or delegate will provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking any action, in relation to the matter.

 

(viii)   An employee, at any stage, may request to be represented by their union.

 

(ix)     the employee or the Union on their behalf, or the Agency Head or delegate may refer the matter to the Industrial Relations Commission of New South Wales if the matter is unresolved following the use of these procedures.

 

(x)       The employee, union, agency, and Industrial Relations Secretary will agree to be bound by any order or determination by the Industrial Relations Commission of New South Wales in relation to the dispute.

 

(xi)     While 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. In a case involving Work Health and Safety, if practicable, normal work will proceed in a manner that avoids any risk to the health and safety of any employee or member of the public.

 

8.  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 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.

 

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

 

(ii)      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."

 

9.  Salary Sacrifice to Superannuation

 

An employee may elect, subject to the agreement of the agency, to enter into a Salary Packaging Arrangement in accordance with the provisions of Clause 5 of the Crown Employees (Public Sector - Salaries 2021) Award or any variation or replacement Award.

 

10.  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 subclauses (i) and (ii) of this clause, 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 for such deductions to continue.

 

11.  Area, Incidence and Duration

 

(i)       This award will apply to employees employed in the classifications set out in Schedule A - Classifications and Rates of Pay, of Part B, Monetary Rates.  The salary rates in the said Schedule A are set in accordance with the 2007 Award and any variation or replacement award.

 

(ii)      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (General Staff - Salaries) Award 2007 published 17 April 2020 (387 I.G. 726), as varied.

 

(iii)     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 21 October 2021.

 

(iv)     This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Schedule A - Classifications and Rates of Pay - General Staff

 

Salaries for classifications covered by this Award are adjusted by the Crown Employees (Public Sector - Salaries 2021) Award (or its replacement) and are found in the salary tables attached to that award.

 

Classification and Grades	Common Salary Point	1.7.20	1.7.21
		Per annum Ffppoa	Per annum Ffppoa
		0.3%	2.04%
		$	$
Community Liaison Officer, Department of Education	57	71,926	73,393
Aboriginal Community Liaison Officer, Department of Education
Year 1	58	72,635	74,117
Year 2	61	74,827	76,353
Year 3	64	77,162	78,736
Year 4	67	79,535	81,158
Farm Foreman, Department of Education
Grade A
1st year	39	61,079	62,325
2nd year	41	62,274	63,544
3rd year	43	63,386	64,679
Grade B
1st year	45	64,478	65,793
2nd year	47	65,656	66,995
3rd year	51	68,057	69,445
Maintenance Officer, Department of Education
1st year	24	53,489	54,580
2nd - 7th year	25	53,928	55,028
8th year	26	54,367	55,476
Matrons and Sub-Matrons, Department of
Education
Matron
1st year	45	64,478	65,793
Thereafter	46	64,973	66,298
Sub-Matron
1st year	39	61,079	62,325
Thereafter	40	61,583	62,839
Gallery Services Officer, Art Gallery	18	49,956	50,975
	20	50,819	51,856
Senior Gallery Services Officer, Art Gallery	43	63,386	64,679
	45	64,478	65,793
	47	65,656	66,995
	49	66,882	68,246
Installation Officer, Art Gallery	26	54,367	55,476
	29	55,836	56,975
	32	57,312	58,481
Display Technician, Art Gallery
Grade 1	45	64,478	65,793
	48	66,201	67,552
	51	68,057	69,445
Grade 2	55	70,636	72,077
	59	73,396	74,893
Senior Display Technician	63	76,420	77,979
	65	77,811	79,398
Museum Assistant, Sydney Living Museums
Grade 1 - Year 1	20	50,819	5,1856
Grade 1 - Year 2	21	51,302	52,349
Grade 1 - Year 3	25	53,928	55,028
Grade 1 - Year 4	27	54,804	55,922
Grade 2 - Year 1	30	56,312	57,461
Grade 2 - Year 2	31	56,762	57,920
Grade 2 - Year 3	34	58,318	59,508
Grade 2 - Year 4	35	58,791	59,990
Grade 2 - Year 5	36	59,389	60,601
Museum Guide, Sydney Living Museums
Year 1	28	55,267	56,394
Year 2	30	56,312	57,461
Year 3	32	57,312	58,481
Year 4	34	58,318	59,508
Year 5	36	59389	60,601
Year 6	39	61,079	62,325
Chief Guide, Sydney Living Museums	48	66,201	67,552
	51	68,057	69,445
Preparator, Australian Museum Assistant
Preparator (55)	29	55,836	56,975
	34	58,318	59,508
	39	61,079	62,325
	43	63,386	64,679
Cadet Preparator (56)	21	51,302	52,349
	25	53,928	55,028
Chief Preparator	82	91,916	93,791
	84	93,629	95,539
Preparator (57) Grade I	46	64,973	66,298
	49	66,882	68,246
	52	68,749	70,151
Grade II	56	71,297	72,751
	60	74,077	75,588
Senior Preparator	63	76,420	77,979
	65	77,811	79,398

 

 

 

D. SLOAN, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.