Crown Employees (State Emergency Service) Zone
Staff Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 101108 of 2021)
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Before Commissioner Sloan
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1 March 2022
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REVIEWED AWARD
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. General
Conditions of Employment
4. Salaries
5. Working
Hours and Flexible Leave Entitlement
6. Operational
Overtime
7. Grievance and
Dispute Settling Procedures
8. Anti-Discrimination
9. Area,
Incidence and Duration
10. Motor
Vehicle
11. No Extra
Claims
PART B
ZONE STAFF POSITION TITLES
PART A
1. Title
1.1 This award is
the Crown Employees (State Emergency Service) Zone Staff Award 2021.
2. Definitions
2.1 "Act"
means - the Government Sector Employment
Act 2013.
2.2 "Association"
means - the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
2.3 "Award"
means - this Crown Employees (State Emergency Service) Zone Staff Award 2021.
2.4 "Commissioner"
means - the Commissioner of the State Emergency Service
2.5 "Industrial
Relations Secretary" means the Secretary of the Treasury who is the
employer for industrial purposes under the provision of Part 4, Government Sector Employment Act 2013.
2.6 "Role"
means - a position on an ongoing or temporary basis, both full-time and
part-time, pursuant to Section 43 of the Government
Sector Employment Act 2013 but excluding casual employment.
2.7 "Salary
Rates" means - the ordinary time rate of pay for the Zone Staff’s grading
excluding allowance for "After Hours Duty Officer" and all other
allowances not regarded as salary.
2.8 "SES"
means - the State Emergency Service as described in the State Emergency Service Act 1989.
2.9 "SES
Act" means - the State Emergency
Service Act 1989.
2.10 “SES Zone”
means – a service zone as defined in the State
Emergency Service Act 1989.
2.11 “Zone Staff” means an officer employed by
the SES to perform a Role in a SES Zone in accordance with the pattern of hours
of work in subclause 4.3 in a position identified in Part B. The term Zone
staff is comprised of the position titles in Part B. “Staff” has the same
meaning.
3. General Conditions
of Employment
3.1 Conditions of
employment for all Staff will be in accordance with the provisions of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 except where varied by this Award and with the following Awards and
Agreements as varied from time to time:
Crown Employees (Transferred Employees Compensation)
Award
3.2 The provisions of
this award apply to part-time workers on a pro-rata basis.
4. Salaries
4.1 Zone Staff will
be remunerated in accordance with the Crown Employees (Public Sector - Salaries
2017) Award as varied or an award replacing it.
4.2 Zone Staff will
be appointed in accordance with the Government
Sector Employment Act 2013.
4.3 A flexible and
adaptable approach to working hours will be adopted to meet peak demands, unit
and volunteer demands, and the personal circumstances of the officer. Some work
must be performed during evenings or on weekends. The parties agree to the following:
4.3.1 requirements to
work will not exceed 40 days of weekend and public holiday work per annum;
4.3.2 requirements to
work will not exceed 80 occasions of evening work;
4.3.3 operational needs
may require variations to work requirements.
4.4 Zone Staff will
receive an allowance of 15% of their gross annual salary. This allowance will
be paid in lieu of non-operational overtime and in recognition of the pattern
of work identified in subclause 4.3 and clause 5. Non-operational overtime is
not anticipated.
5. Working Hours and
Flexible Leave Entitlement
5.1 Zone Staff can
accumulate flexitime credits beyond their contract hours. Flexitime
entitlements will be identical to current flexible working arrangements of the
Department, i.e., Zone Staff can take up to 5 flexi days per flex period and
can carry up to 21 hours credit per flex period. Bandwidth or core-time is not applicable.
Zone Staff who are contracted to work 35 hours per week will perform their work
on any day, including weekends Travel time will be included.
5.2 Zone Staff will
receive credit hours of one fifth of their normal weekly hours for each public
holiday day. Zone Staff members required to work on a public holiday must
credit the hours worked to flexitime and take the equivalent time off at a later date.
5.3 Zone Staff will
not be required to work more than 5 days in a row without at least 1 day off.
5.4 Part time Zone
Staff working on projects for State Headquarters will be paid additional hours
from the project sponsors budget. The number of hours will be negotiated with
the project sponsor on a case by case basis.
6. Operational
Overtime
6.1 Zone Staff
members may only access overtime during operations where flexitime is
suspended.
6.2 Zone Staff members
required to work operational overtime will be paid at the normal rate of pay
including the 15% loading for the first seven hours, and overtime
thereafter, excluding the 15% loading and meal breaks. When flexitime is
suspended rest days are deemed to be Saturdays and Sundays.
6.3 Part time Zone
Staff required to work during operations may work full time and be paid
additional hours for the period of the operation.
6.4 If a Zone Staff
member is required to perform duty as the after
hours duty officer, the following payments will be applicable:
Weekdays 2/9ths of a day’s salary including loading.
Weekends 1/3rd of a day’s salary including loading.
6.4.1 Subject to
paragraph 6.4.2, the SES may require a Zone Staff member to work reasonable
overtime at overtime rates.
6.4.2 Zone Staff may
refuse to work overtime if doing so results in the officer working unreasonable
hours.
6.4.3 For the purposes
of paragraph 6.4.2 what is unreasonable or otherwise will be determined having
regard to:
6.4.3.1 any risk
to Zone Staff health and safety;
6.4.3.2 the
Zone staff member’s personal circumstances including any family and carer responsibilities;
6.4.3.3 the
needs of the workplace or enterprise;
6.4.3.4 the
notice of overtime (if any) given by the SES and, separately, the Zone Staff
member’s expression of intention to refuse the notice; and
6.4.3.5 any
other relevant matter.
7. Grievance and
Dispute Settling Procedures
7.1 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 appropriate Agency, if
required.
7.2 An employee must
notify in writing their immediate manager of the substance of the grievance, dispute or difficulty, and request a meeting to discuss the
matter, and, if possible, the remedy sought.
7.3 It may be
impracticable for an employee to advise their immediate manager of a grievance
or dispute involving confidential or other sensitive material (including issues
of harassment or discrimination under the Anti Discrimination Act 1977). In such circumstances, the
notification may occur to the next appropriate level of management, including
where required, to the Commissioner or delegate.
7.4 The immediate
manager, or other appropriate officer, should 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.
7.5 If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in
order to resolve the matter. This manager must respond within two (2)
working days, or as soon as practicable. The employee may pursue the sequence
of reference to successive levels of management until the matter is referred to
the Commissioner.
7.6 The Commissioner
may refer the matter to the Industrial Relations Secretary for consideration.
7.7 If the matter
remains unresolved, the Commissioner 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 acting, in
relation to the matter.
7.8 An employee, at
any stage, may request to be represented by the Association.
7.9 The employee or
the Association on their behalf, or the Commissioner may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
7.10 The employee,
Association, and the Agency will agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
7.11 Normal work (that
is, the work undertaken prior to notification of the dispute or difficulty)
will continue while the procedures outlined in subclauses 7.1 to 7.10 of this
clause are complied with, unless the parties agree otherwise. In circumstances
relating to work health and safety, normal work will proceed in a manner which
avoids any risk to the health and safety of any employee or member of the
public, if practicable.
8. Anti-Discrimination
8.1 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 and carer responsibilities.
8.2 The parties are
obliged to take all reasonable steps to ensure that the operation of the provisions
of this award are not directly or indirectly discriminatory. 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.
8.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made, may make, or
has been involved in a complaint of unlawful discrimination or harassment.
8.4 Nothing in this
clause is to be taken to affect:
any conduct or act which is specifically exempted from
anti-discrimination legislation;
offering or providing junior rates of pay to persons
under 21 years of age;
any act or practice of a body established to propagate religion
which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
a party to this award from pursuing matters of unlawful
discrimination in any State or federal jurisdiction.
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.
9. Motor Vehicle
Zone Staff will have access to an Agency motor vehicle and
standing approval for limited personal use that does not preclude availability
for operational response in accordance with relevant NSW Government and SES
Policy.
10. Area, Incidence
and Duration
10.1 This Award will
apply to Zone Staff as defined under clause 2.11 of this Award.
10.2 This Award is
made under Section 10 of the Industrial Relations
Act 1996 (NSW) and rescinds and replaces the Crown Employees (State
Emergency Service) Region Staff Award 2018. The new award will take effect on
and from 1 March 2022 and is not intended to vary coverage for employees to
whom the Crown Employees (State Emergency Service) Region Staff Award had
applied.
10.3 This Award will
remain in force for one year.
11. No Extra Claims
The parties agree that, during the term of this award, there
will be no extra wage claims, claims for improved conditions of employment or
demands made with respect to the employees covered by the award and, further,
that no proceedings, claims or demands concerning wages or conditions of
employment with respect to those employees will be instituted before the
Industrial Relations Commission or any other industrial tribunal. The terms of
the preceding paragraph do not prevent the parties from taking any proceedings
with respect to the interpretation, application or enforcement
of existing award provisions.
PART B
ZONE STAFF POSITION TITLES
- Administrative Support Officer Metro
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- Administrative Support Officer Northern
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- Administrative Support Officer Southern
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- Administrative
Support Officer South Eastern
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- Administrative Support Officer Western
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- Asset & Facilities Support Officer
(Facilities Advisory)
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- Capability and Resources Planning Officer
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- Coordinator Exercise Planning and Design
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- Deputy Zone Commander Metro
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- Deputy Zone Commander Northern
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- Deputy Zone Commander South
Eastern
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- Deputy Zone Commander Southern
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- Deputy
Zone Commander South Eastern
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- Deputy Zone Commander Western
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- Financial Services Officer Metro
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- Financial Services Officer Northern
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- Financial Services Officer Southern
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- Financial
Services Officer South Eastern
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- Financial Services Officer Western
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- IT Communications Support Officer (Northern)
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- IT Communications Support Officer (Western)
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- Manager Business Service Support Metro
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- Manager
Business Service Support Northern
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- Manager
Business Service Support South Eastern
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- Manager
Business Service Support Southern
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- Manager Business Service Support Western
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- Operations Readiness Officer Metro
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- Operations Readiness Officer Northern
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- Operations Readiness Officer Southern
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- Operations
Readiness Officer South Eastern
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- Operations Readiness Officer Western
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- Training
& Exercise Implementation Officer
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- Unified Communications Support Officer
(Network Admin)
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- Volunteer Strategy Officer
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- Zone Commander South
Eastern
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- Zone Community Capability Officer
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- Zone Training and Delivery Officer
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- Zone
Volunteer Comms & Engagement Officer
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- Zone Volunteer Engagement Officer
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D. SLOAN, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.