Crown Employees (Departmental Officers) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Case No. 165197 of 2021)

 

 

REVIEWED AWARD

 

PART A

 

Arrangement

 

Clause No.        Subject Matter

 

1.        Parties to the Award

2.        Intention/Aims of the Award

3.        Definitions

4.        Classification and Salary Rates

5.        Job Evaluation

6.        Qualifications Review Committee

7.        Working Hours and Arrangements

8.        Conditions of Employment

9.        Training

10       Use of Consultants and Contractors

11.      Employee Assistance Program

12.      Anti-Discrimination

13.      Grievance and Dispute Procedures under this Award

14.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Departmental Officer Salary Rates - Classification and Grades

 

1.  Parties to the Award

 

The parties to this Award are:

 

Industrial Relations Secretary, the Department of Customer Service, Department of Planning, Industry and Environment and Department of Regional NSW.

 

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

 

This Award will be binding upon all parties defined herein.

 

2.  Intention/Aims of the Award

 

This Award provides a framework for management and employees to work together to ensure the ongoing high-level achievement of the Agency’s Mission and Objectives. Within this context the parties are committed to the development of a highly motivated, suitably skilled and productive workforce.

The parties will work collaboratively to ensure that the Agency’s workforce has and continues to have the necessary skills, knowledge, capabilities and attributes to maintain and enhance its credibility, expertise and standing.

 

Effective workforce development and succession development are seen as critical to the Agency’s future performance and its ability to innovate, respond positively to changes in its operating environment and avail itself of future business opportunities. The Award therefore focuses not only on the revision of conditions of employment, but stresses workforce management and development.  It is based on maintaining, improving, developing and rewarding the skills, knowledge, capabilities and attributes required of its workforce and provides a commitment to ongoing employment. 

 

In providing more flexible working conditions for employees, the Award also recognises the need to accommodate work and family issues through flexible working arrangements.

 

The parties recognise the need to strive to achieve best practice in human resource management and to resolve any issues that may currently exist preventing effective workforce management, employee development and the ability to utilise skills. To this end the parties agree to work, during the life of the Award, towards:

 

•          The creation of a culture which acknowledges the importance and fosters the development of technical, managerial and business skills; together with a progressive outlook;

 

•          Organisation and classification structures that support the business needs of the Agency in the most effective way, provide for appropriate managerial and specialist career paths and allow for innovative opportunities in development and multi-skilling;

 

•          Training and development programs and activities aimed at meeting corporate requirements and priorities as well as individual job and career development needs, (with the support of senior management);

 

•          Equitable development of employees to be achieved by managers conducting performance reviews and offering guidance and direction regarding training and development initiatives. This aims to: facilitate improved on the job performance; provide greater job promotion potential, and prepare for future challenges and opportunities from both the domestic and international environments;

 

•          Senior management supporting managers and employees working co-operatively together to resolve issues that prevent workforce development and to identify opportunities for continuous improvement in Agency operations;

 

•          Development and maintenance of open communication between all levels of the workforce and improvement in communication skills across the organisation;

 

•          Ongoing improvements in safety, quality service and efficiency; and

 

•          A workplace environment that is supportive of management and employees maximising their contribution to the business of the.

 

3.  Definitions

 

"Act" means the Government Sector Employment Act 2013.

 

"Agency" means the Department of Planning, Industry and Environment, Local Land Services Staff Agency and the Department of Customer Service Customer Service, as specified in Schedule 1 of the Government Sector Employment Act 2013.

 

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

 

"Departmental Officer" means an employee who is employed in a Departmental Officer classification of this Award within the relevant area of the Agency.

 

"Employee" means a person employed in ongoing, term, temporary, casual or other employment, or on secondment, in a Public Service agency under the provisions of the Government Sector Employment Act 2013, who is assigned to a role classified under this award and includes an employee on probation but does not include the Agency Head, statutory appointees or Public Service senior executive as defined in the Act.

 

"Grade/Level" means a single grade: General Scale; Grade 1-2; Grade 3-4; Grade 5-6; Grade 7-8; Grade 9-10; Grade 11; Grade 12; as set out in Table 1 Departmental Officer Salary Rates and applied to roles created in terms of the Government Sector Employment Act 2013 and evaluated in accordance with the Agency’s approved Job Evaluation system and the conditions of this Award.

 

"Industrial Relations Secretary" means the person, within the meaning of the Government Sector Employment Act 2013, who is for the purposes of any proceedings relating to Public Service employees held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of Public Service employees.

 

"Public Service" means the Public Service of New South Wales, as defined in section 3 of the Government Sector Employment Act 2013.

 

"Role" means a role as defined in section 3 of the Government Sector Employment Act 2013.

 

"Agency Head" means the appropriate Secretary of the Department of Customer Service, the Department of Planning, Industry and Environment or the Department of Regional NSW, or the Chief Executive Officer of Local Land Services.

 

"Service" means continuous service for salary purposes.

 

4.  Classification and Salary Rates

 

4.1      The classification under this Award is titled "Departmental Officer", e.g. Senior Surveyor, Departmental Officer Grade.

 

4.2      The salary rates are set out in Table 1 - Departmental Officer Salary Rates - Classification and Grades, of Part B, Monetary Rates.  The rates of pay are set in accordance with the Crown Employees (Public Sector - Salaries 2021) Award or any variation or replacement award.

 

5.  Job Evaluation

 

5.1      The job evaluation system agreed by the parties to this award is the Mercer CED Job Evaluation System. The systematic and objective process of assessing the work value of roles within the Agency will continue to be applied utilising the approved Job Evaluation policy and procedures.

 

5.2      The Job Evaluation Committee will comprise the Agency’s human resources Director as chair, a senior manager of the human resources area and two PSA representatives. The Job Evaluation Committee will identify those roles that should be evaluated.

 

5.3      The priority in which roles are to be evaluated will be determined by agreement between Management, the Job Evaluation Committee, and the PSA.  Highest priority will be given to areas of the Agency where the greatest benefit to employees in terms of equity will result.  Evaluation of identified roles will be completed within 12 months.

 

5.4      Job Evaluation will be managed by the human resources area of the Agency. Staff members and consultants participating in the job evaluation process will be accredited in the Mercer C E D Job Analysis and Job Evaluation process. Where required, Mercer Human Resource Consulting (Cullen Egan Dell CED consultants), a management representative and a PSA representative will perform a quality control check on Role Descriptions to ensure consistency in format and content.

 

5.5      Job evaluation allowance: Where an existing role has been incorporated into a new or revised organisation structure and the work hasn’t changed substantially but job evaluation indicates a higher salary level for the same work, and the current occupant is performing satisfactorily in the role, the current occupant of the role may be paid by way of Job Evaluation allowance. Payment by way of Job Evaluation allowance is also subject to the existing occupant of the role having been assigned following a process of competitive merit selection.  Where the work has changed substantially, or the role falls vacant the role should be filled by comparative assessment.  Payment of a Job Evaluation allowance is an option available for consideration in light of the particular circumstances. The allowance is subject to approval of the appropriate Agency Head on a case-by-case basis, as set out in Premier’s Department Circulars No. 97-35 and 98-50, implementation of job evaluation outcomes.

 

5.6      All anomalies with the outcomes of job evaluation will be referred for resolution to the Transition Committee established under clause 5 of this award.

 

6.  Qualifications Review Committee

 

6.1      A Qualifications Review Committee will be convened and will include representatives from management, unions and employees with expertise in the area of qualification. Such representation will consist of two management representatives, two union nominees and may call on employees or external advisers with expertise in the area of the qualification being discussed. The Committee will be constituted for the period of this award for the purpose of making recommendations to the Agency Head.

 

6.2      The Committee will from time to time sit to determine the appropriate skills and qualifications required for given roles within the Agency. The Committee will from time to time also consider the current status of qualifications that are used in this award in relation to the various levels of Departmental Officers as set out in the award. If agreement cannot be reached in this committee, the appropriate Agency Head will facilitate a resolution.

 

7.  Working Hours and Arrangements

 

The provisions of the appropriate Flexible Working Hours Agreement will apply to the employees of the Agency.

 

8.  Conditions of Employment

 

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 as provided for under the Government Sector Employment Act 2013, Government Sector Employment Regulation 2014, Government Sector Employment Rules 2014, 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.

 

9.  Training

 

The parties agree that all employees will be provided with opportunities for career, professional and personal development. The joint aim is to develop a highly skilled and efficient workforce and to ensure that all employees are sufficiently skilled to meet the present and future needs of the Agency.

 

The Agency’s commitment to training and development will include (but will not be limited to):

 

•          The reimbursement of course fees for employees undertaking tertiary or vocational studies will be 100% on successful completion where the study relates directly to the role occupied. Where a Manager considers that the study does not relate directly to the role but will be beneficial to the organisation, and so approves, reimbursement of fees, upon successful completion, may be within the range of 50% to 100%. The appropriate Agency Head or their delegate will determine any appeal relating to decisions concerning payment of course fees;

 

•          A commitment to the provision of external training programs;

 

•          Implementation of a Performance Development Program;

 

•          The provision of training and re-training wherever re-organisation creates new skill requirements;

 

•          Equipping all employees with skills and ability to enable them to pursue, where possible, their preferred career paths and to improve their opportunities for career advancement;

 

•          Providing training in information technology to enable employees to use the technological tools required to perform their duties;

 

•          Providing the training needed to ensure that those employees, whose performance has been identified as requiring improvement have every opportunity to improve their performance;

 

•          Equity of access to training and development opportunities for all employees, including part time employees;

 

•          Dependant care assistance (dependant care, by way of payment, may be provided to enable employees with dependant responsibilities to pursue training and development opportunities).

 

During the life of this award, the Agency agrees to examine and implement various options to facilitate skill enhancement and career development for all employees.  These options may include:

 

•          Job rotation;

 

•          Secondments;

 

•          Participation in work forums;

 

•          Placements in other organisations with the agreement of the employee;

 

•          Mentor and coaching programs;

 

•          Attendance at conferences and seminars;

 

•          Employees exchange programs with the agreement of the employee.

 

In order to meet these aims, the following have been agreed by the parties:

 

•          A commitment to updating skill profiles from the Training Needs Analysis process to assist employees and management to determine appropriate training needs;

 

•          To include employees training and development responsibilities in the key accountabilities of all managers and supervisors;

 

•          Individual employees will assume personal responsibility to participate in appropriate training and development and skill-enhancing activities.

 

The parties also agree to an ongoing commitment to the Vocational Education and Training (VET) system - that is, the promotion and implementation of the Public Sector training package through the NSW Public Sector Industry Training Advisory Body (NSW PSITAB).

 

This includes embracing the development of a National Competencies training project encompassing:

 

•          An increase in the number of workplace trainers and assessors within the Agency;

 

•          Time for trainers and assessors to recognise the current competencies held by Departmental Officers;

 

•          All in-house training to be in line with National Competency Standards so employees can work toward a nationally recognised public sector qualification.

 

10.  Use of Consultants and Contractors

 

In line with Government commitments, the parties agree to develop programs to reduce the use of consultants/contractors by greater reliance on the expertise of professional public servants and the development of strict quality control procedures for the engagement of outside assistance.

 

The Agency agrees to consult with the Association on engagement and use of consultants and contractors.

 

11.  Employee Assistance Program

 

The Agency will continue to make available to all its employees a free and confidential Employee Assistance Program.

 

The Employee Assistance Program is an independent and confidential counselling service which provides counselling free of charge for a wide range of personal and/or work-related problems.

 

12.  Anti-Discrimination

 

12.1    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, transgender identity, marital or domestic status, disability, responsibilities as a carer, homosexuality, HIV/AIDS infected or age.

 

12.2    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.

 

12.3    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.

 

12.4    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.

 

12.5    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.

 

(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."

 

13.  Grievance and Dispute Procedures under this Award

 

13.1    All grievances, disputes or difficulties 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 to higher levels of authority in the Agency, if required.

 

13.2    Employees must notify (in writing or otherwise) their immediate supervisor or 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.

 

13.3    Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes it impractical for the staff member to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the appropriate Agency Head or delegate.

 

13.4    The immediate supervisor, manager, or other appropriate employee, will convene a meeting to resolve the grievance, dispute or difficulty within seven (7) days of the matter being brought to attention.

 

13.5    If the matter is unresolved with the immediate supervisor or manager, the employee may request to meet with the appropriate person at the next level of management in order to review the matter. This employee will respond within seven (7) days. If any matters or issues remain unresolved by both parties then they should be referred to the senior manager of the work area who should include a representative from the human resources area in discussions.

 

13.6    If the matter remains unresolved, the appropriate Agency Head will provide a written response within 21 days to the employee and any other party involved in the grievance, dispute or difficulty, concerning the action to be taken, or the reasons for not taking action, in relation to the matter.

 

13.7    An employee who is a member of an Association may request to be represented by an Association representative at any stage of the procedures.

 

13.8    The employee or Association on his/her behalf, or the appropriate Agency Head, may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

13.9    The employee and/or Association and/or the appropriate Agency Head will agree to be bound by a lawful recommendation, order or determination by the Industrial Relations Commission of New South Wales in relation to the grievance, dispute or difficulty.

 

13.10  While the procedures are being followed, normal work undertaken prior to the notification of the grievance or dispute will continue, except in the case of a dispute involving Work, Health and Safety.  If practicable, normal work will proceed in such a manner to avoid any risk to the health and safety of any employee, or member of the public.

 

13.11  These procedures should be read in conjunction with the Agency’s Grievance Resolution Policy and Procedures and in no way diminish Grievance resolution procedures contained in that policy.

 

14.  Area, Incidence and Duration

 

14.1    The award will apply to all employees employed in the classification of Departmental Officer in the Department of Planning, Industry and Environment, the Department of Regional NSW and the Department of Customer Service.

 

14.2    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Departmental Officers) Award published 27 March 2020 (387 I.G. 489), as varied.

 

14.3    The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 27 October 2021.

 

14.4    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 - Departmental Officer Salary Rates

 

Rates are effective from the beginning of the first full pay period (ffppoa) to commence on or after 1 July 2021.

 

 

 

 

D. SLOAN, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.