CROWN EMPLOYEES (NSW FOOD AUTHORITY - FOOD SAFETY OFFICERS) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 685 of 2005)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.      Subject Matter

 

1.         Title

2.         Parties to the Award

3.         Definitions

4.         Coverage

5.         Statement of Intent

6.         Grading and Evaluation of Positions

7.         Scope of Employment

8.         Savings of Rights

9.         Salaries

10.       Conditions of Employment - General

11.       Appointment

12.       Salary Progression

13.       Transitional Provisions

14.       Performance and Competency Standard Development

15.       Competency Assessment Panel

16.       Appeals

17.       Higher Duties Allowance

18.       Home Office Allowance

19.       Garage and Carport Allowance

20.       Hours of Duty

21.       Overtime

22.       Travelling Allowances

23.       On-Call Allowance

24.       Consultative Arrangements

25.       Multi-Skilling

26.       Grievance and Dispute Settling Procedures

27.       Anti-Discrimination

28.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Allowances

Schedule 1 - Food Safety Officer - Progression Requirements

Schedule 2 - Food Safety Officer - Transitional Provisions

 

1.  Title

 

This award shall be known as the Crown Employees (NSW Food Authority - Food Safety Officers) Award.

 

2.  Parties to the Award

 

The parties to this award are the Public Employment Office and the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

3.  Definitions

 

(a)        "Act" means - the Public Sector Employment and Management Act 2002.

 

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

 

(c)        "Code of Practice" means - requirements and guidelines to ensure a premises or activity complies with statutory requirements.

 

(d)        "Director General" means - the Director General of the NSW Food Authority.

 

(e)        "Employee" means - a person employed on a temporary basis.

 

(f)         "HACCP" means - Hazard Analysis and Critical Control Point System - an international food safety management system.

 

(g)        "ISO" means - the International Standards Organisation.

 

(h)        "Job Evaluation" means - an accredited job evaluation system used to grade positions in NSW Food Authority.

 

(i)         "National Food Safety Standards" means - uniform food hygiene and safety regulations set out in the Food Standard Code to ensure a nationally consistent approach to food safety.

 

(j)         "Normal Work", in respect of Clause 26, Grievance and Dispute Settling Procedures, means - the duties and responsibilities contained in the position description of an officer, or officers, at the time a grievance, dispute or difficulty is notified within the Operations Branch or within Safe Food.

 

(k)        " NSW Food Authority" means - the Authority established under the Food Act 2003 to ensure that food safety standards for all primary produce and seafood for human consumption from the paddock or ocean to the back door of the retail shop, with additional coverage of retail butcher shops and supermarket meat departments, are implemented in an integrated and consistent way. NSW Food Authority was formed by merging SafeFood NSW with the food regulatory activities of NSW Health.

 

(l)         "Officer" means - a person employed on a permanent full-time or permanent part-time basis.

 

(m)       "Operations Branch" means - a Branch of NSW Food Authority consisting of the Enforcement, Compliance, Technical, and Environmental Units.

 

(n)        "PEO" means - the Public Employment Office.

 

(o)        "Position" means - a staff position as defined in Section 9 of the Act.

 

(p)        "Staff member" means - an officer or employee of NSW Food Authority Operations Branch employed in the capacity of Food Safety Officer.

 

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

 

4.  Coverage

 

The provisions of this award shall apply to staff employed in the Operations Branch of NSW Food Authority in the capacity of Food Safety Officer.

 

5.  Statement of Intent

 

This award aims to achieve equity in salary and conditions between field staff of the former Meat, Dairy, and Seafood Branches of NSW Food Authority and facilitate future recruitment and retention of Food Safety Officers.

 

6.  Grading and Evaluation of Positions

 

(a)        The grading of positions will be carried out in accordance with the NSW Food Authority job evaluation policy.

 

(b)        Positions will be graded and evaluated from time to time in the following circumstances:

 

(i)         Where the nature of the position is significantly changed or where a new position is created.

 

(ii)        Where a position falls vacant, the Director General can determine whether it is necessary to evaluate the position prior to advertising the vacancy.

 

(iii)       At the request of any party to this award, or an officer under the award, provided that the position(s) have not been reviewed for grading for at least (12) twelve months prior to the request.

 

7.  Scope of Employment

 

(a)        Employment will be either on a permanent full time or permanent part time basis.

 

(b)        Temporary employees may be employed from time to time should the need arise.

 

8.  Savings of Rights

 

No officer or employee of NSW Food Authority at the time of the making of this award will suffer a reduction in his or her salary or any loss or diminution in his or her conditions of employment as a consequence of the making of this award.

 

9.  Salaries

 

(a)        Staff will be appointed to one of the grades outlined in Table 1 of Part B, Monetary Rates of this award.

 

(b)        The rates of pay set out in Table 1 do not include payment for annual leave loading.

 

(c)        The salary rates set out in Table 1 will move in accordance with the Crown Employees (Public Sector - Salaries 2004) Award (the 2004 Award) or any variation or replacement award.

 

(d)        Salary rates are to be increased by four per cent (4%) with effect from the beginning of the first pay period (FPP) to commence on or after 1  July 2004, with a further increase of  four per cent (4%) with effect from the beginning of the first pay period to commence on or after 1 July 2005, with a further increase of four per cent (4%) with effect from the beginning of the first pay period to commence on or after 1 July 2006, in line with the 2004 Award.

 

10.  Conditions of Employment - General

 

(a)        This award applies in lieu of the following awards, agreements and determinations in full:

 

(i)         Scientific Officers (Various Departments) Agreement No. 2433 of 1982.

 

(ii)        General Division (Trade Based Groups) Agreement No. 2301 of 1980: Amending Agreement No. 2317 of 1981; Determination No. 764 of 1982.

 

(b)        Except as otherwise provided in this award, the provisions of the Crown Employees (Public Service Conditions of Employment) Award 2002 will apply.

 

(c)        The following awards, agreements and determinations apply to staff covered by this award:

 

(i)         Crown Employees (Transferred Employees Compensation) Award.

 

(ii)        Transferred Officers (Excess Rent Assistance) Agreement No 2354 of 1981.

 

(d)        Conditions of employment other than those fixed by this award are determined by the Public Sector Employment and Management Act 2002, the Public Sector Employment and Management (General) Regulation 1996 and the New South Wales Government Personnel Handbook.

 

11.  Appointment

 

(a)        Positions will be graded using an accredited job evaluation system.

 

(b)        Except as provided in subclause (c), staff will be appointed to the first salary point in the grade of the position to which they are appointed.

 

(c)        The Director General may appoint a person at a higher salary level within the grade. In determining commencing salary, regard will be had to:

 

(i)         The person’s skills, experience and qualifications.

 

(ii)        The rate required to attract the person, and

 

(iii)       The remuneration of existing staff performing similar work.

 

(d)        Except as provided in the transitional provisions of this award, the essential qualifications for appointment to positions covered by this award will be:

 

(i)         A degree in Food Science or equivalent qualification (as determined by the Director General) in respect of the Enforcement, Compliance and Technical Units; or

 

(ii)        A degree in Environmental Health, Aquatic or Animal Health or equivalent qualification (as determined by the Director General) in respect of the Environmental Unit.

 

(e)        Except as provided in the transitional provisions of this award, the essential qualification requirement commenced on and from the date of operation of the Crown Employees (Safe Food Production NSW - Food Safety Officers) Award (337 IG 16), being 21 June 2002.

 

12.  Salary Progression

 

There shall be 6 levels of Food Safety Officer, with salary levels as prescribed in Table 1.

 

(a)        Progression within each grade will be by annual increment, provided the supervisor is satisfied with the conduct and manner of performance of duties of the person concerned.

 

(b)        Incremental progression for all officers will be subject to a satisfactory performance report recommending progression.

 

(c)        The Director General may approve the accelerated progression of an officer through the incremental scale for the position occupied by the officer, in accordance with assessments made through a performance management system.

 

(d)        There will be competency barriers for progression from Trainee Food Safety Officer (Food Safety Officer Grade 1) to Food Safety Officer (Food Safety Officer Grade 2), and from Food Safety Officer to Senior Food Safety Officer (Food Safety Officer Grade 3) in the Compliance and Environmental Units.

 

(e)        Appointment to a position above Food Safety Officer Grade 3 in Compliance and Environmental Units will be by way of competitive selection to an advertised vacancy.

 

(f)         Appointment to a position above Food Safety Officer Grade 2 in Enforcement and Technical Units will be by way of competitive selection to an advertised vacancy.

 

13.  Transitional Provisions

 

Employees will be transferred to the new scale in accordance with Schedule 2, Food Safety Officer - Transitional Provisions.

 

14.  Performance and Competency Standard Development

 

(a)        The parties to this award will participate in ongoing discussions to further develop the staff covered by the award and the performance of NSW Food Authority. The Director General will provide training and work opportunities for staff development.

 

(b)        The parties will participate in:

 

(i)         Development and review of the NSW Food Authority Performance Management and Development System.

 

(ii)        Discussion and review of the qualifications, requirements and competencies detailed variously in clause 11, Appointment, clause 12, Salary Progression and Schedule 1 to this award to ensure that they conform with national food safety standards as they change and develop from time to time.  These discussions will continue as a matter of priority.

 

15.  Competency Assessment Panel

 

A Competency Assessment Panel will be formed consisting of the officers occupying the positions of Director, Operations Branch, and a Regional Operations Manager of the Compliance Unit, and a Principal Officer of the Technical Unit.  The Panel will assess competency criteria of officers seeking progression from Trainee Food Safety Officer to Food Safety Officer or Food Safety Officer to Senior Food Safety Officer.

 

16.  Appeals

 

(a)        An officer, who fails to satisfy the requirements of the competencies for progression from Trainee Food Safety Officer to Food Safety Officer or Food Safety Officer to Senior Food Safety Officer, as determined by the Competency Assessment Panel, may appeal the decision of that panel.

 

(b)        The officer, following the decision of the competency assessment panel, may lodge an appeal in writing with the Director General within ten (10) working days of the panel advising the officer of its decision. The appeal must set out the grounds for the appeal.

 

(c)        The Director General shall convene an Assessment Appeals Panel within ten (10) working days of an appeal being lodged and advise the officer of the members of the panel.

 

(d)        The Assessment Appeals Panel shall allow the appellant to appear before it during its determination of the appeal if so requested by the appellant.

 

(e)        The Director General shall advise the officer of the decision of the Assessment Appeals Panel within five (5) days of the appeal being heard.

 

17.  Higher Duties Allowance

 

(a)        Staff directed to perform the duties of a higher position for more than five consecutive working days will be paid an allowance.

 

(b)        The allowance will be agreed following discussion with the staff member and will be a proportion of the difference between the staff member’s salary and the salary for the minimum rate of the higher position depending on the range of duties undertaken and the level of responsibility accepted.

 

18.  Home Office Allowance

 

The provisions of Clause 44 of the Crown Employees (Public Service Conditions of Employment) Award 2002 shall apply and monetary rates, as set out in Item 1 of Table 2 of Part B, Monetary Rates, shall be adjusted in line with variations to that award.

 

19.  Garage and Carport Allowance

 

The provisions of Clause 51 of the Crown Employees (Public Service Conditions of Employment) Award 2002 shall apply and monetary rates, as set out in Item 2 of Table 2 of Part B, Monetary Rates, shall be adjusted in line with variations to that award.

 

20.  Hours of Duty

 

The provisions of Clause 11 of the Crown Employees (Public Service Conditions of Employment) Award 2002 shall apply.

 

21.  Overtime

 

(a)        A staff member may be directed by the Director General to work overtime, provided it is reasonable for the staff member to be required to do so. A staff member may refuse to work additional hours in circumstances where the working of such hours would result in the staff member working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

the staff member’s prior commitments outside the workplace, particularly their family and carer responsibilities, community obligations or study arrangements;

 

any risk to staff member health and safety,

 

the flexibility of working hour arrangements having regard to the unusual requirements of this occupation and the clients of NSW Food Authority,

 

the urgency of the work to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services,

 

the notice (if any) given by the Director General regarding the working of overtime, and by the staff member of their intention to refuse overtime, or

 

any other relevant matter.

 

(b)        Payment for overtime shall be made only where the staff member works directed overtime.

 

(c)        The provisions of Clause 92, Overtime - General, of the Crown Employees (Public Service Conditions of Employment) Award 2002 shall apply.

 

22.  Travelling Allowances

 

The provisions of Clauses 27 to 34 of the Crown Employees (Public Service Conditions of Employment) Award 2002 shall apply and monetary rates shall be adjusted in line with variations to that award.

 

23.  On-Call Allowance

 

(a)        A staff member shall be:

 

(i)         Entitled to be paid the on-call allowance set out in Item 3 of Table 2 of Part B Monetary Rates when directed by NSW Food Authority to be on call outside the staff member’s working hours;

 

(ii)        If a staff member who is on call and is called out by NSW Food Authority, the overtime provisions of the Crown Employees (Public Service Conditions of Employment) Award 2002 shall apply to the time worked;

 

(iii)       Where work problems are resolved without travel to the place of work whether on a weekday, weekend or public holiday, work performed shall be compensated at ordinary time for the time actually worked, calculated to the next 15 minutes.

 

(b)        The provisions of Clause 46 of the Crown Employees (Public Service Conditions of Employment) Award 2002 shall apply and monetary rates shall be adjusted in line with variations to that award.

 

24.  Consultative Arrangements

 

NSW Food Authority and the Association agree to continue consultation to ensure that the implementation of this award realises improvements in service delivery, productivity, efficiency and job satisfaction. The parties will consult on such issues as training and development, work environment, restructuring, job evaluation, performance management, succession planning, multi-skilling, and cross training in different food commodities.

 

25.  Multi-Skilling

 

The parties to the award recognise that multi-skilling is a condition of this award. The parties agree that Food Safety Officers will undertake training and development activities as provided by NSW Food Authority from time to time.

 

26.  Grievance and Dispute Settling Procedures

 

(a)        All grievances and disputes shall 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 NSW Food Authority, if required.

 

(b)        When a grievance or dispute arises at the workplace, the staff member(s) must attempt to resolve the issue with the person concerned in the first instance.

 

(c)        If this is not possible, the staff member refers the matter to their immediate supervisor or manager. The supervisor is to be given the opportunity to fully investigate the matter and must provide a written response to the matter. The supervisor will advise the staff members(s) concerned of the time by which an answer will be provided. Issues should be resolved within forty-eight hours (48) hours.

 

(d)        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 Director General or delegate.

 

(e)        If the matter is not resolved between the staff member(s) and their immediate supervisor, or where the matter is of such a nature that direct discussion between the staff member(s) and their supervisor would not be appropriate, the staff member(s) shall notify the manager. The manager will attempt to resolve the matter. This sequence of reference to successive levels of management may be pursued by the staff member until the matter is referred to the Director General.

 

(f)         The Director General may refer the matter to the PEO for consideration.

 

(g)        If the matter remains unresolved, the Director General shall provide a written response to the staff member 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.

 

(h)        A staff member may, at any stage, request to be represented by their union.

 

(i)         If the matter remains unresolved, NSW Food Authority and the Association agree that it may be referred to an appropriate independent arbitrator or mediator.

 

(j)         The staff member or the Association on their behalf, or the NSW Food Authority may refer the matter to the Industrial Relations Commission of New South Wales if the matter is unresolved following the use of these procedures.

 

(k)        Nothing contained in these procedures will preclude NSW Food Authority and the Association from entering into direct negotiations on any matter.

 

(l)         Each stage is to be handled expeditiously.

 

(m)       Whilst these procedures or negotiations are continuing, no stoppage of work or any other form of limitation of work shall be applied.

 

(n)        NSW Food Authority and the Association reserve the right to vary this procedure where it is considered that a safety factor is involved.

 

27.  Anti-Discrimination

 

(a)        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 and responsibilities as a carer.

 

(b)        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.

 

(c)        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.

 

(d)        Nothing in this clause is to be taken to affect:

 

(i)         Any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)        Offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(iv)       A party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(e)        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.

 

NOTES -

 

(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."

 

28.  Area, Incidence and Duration

 

(a)        This Award applies to staff as defined in clause 3, Definitions of Part A of this award.

 

(b)        This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Safe Food Production NSW - Food Safety Officers) Award published 15 November 2002 (337 IG 16) and all variations thereof.

 

(c)        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 IG 359) take effect on and from 8 April 2005.

 

(d)        The award will remain in force until 21 June 2005, this being the term of the original award.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

 

Table 2 - Allowances

 

 

Schedule 1

 

Food Safety Officer - Progression Requirements

 

The current NSW Food Authority International Standards Organisation (ISO) system assesses and documents staff competencies. A Competency Assessment Panel will consider the following progression criteria in the Compliance and Environmental Units.

 

The provisions of Clauses 15 and 16 of this award will apply in relation to progression requirements.

 

Progression from Trainee Food Safety Officer (FSO 1) to Food Safety Officer (FSO 2).

 

(a)        Degree in Food Science or equivalent qualification (as determined by the Director General) in respect of Compliance Unit, except as provided in the transitional provisions of this award.

 

(b)        Degree in Environmental Health, Aquatic or Animal Health or equivalent qualification (as determined by the Director General) in respect of Environmental Unit, except as provided in the transitional provisions of this award.

 

(c)        Demonstrated knowledge of industry and technology and two or more years experience in one or more of the following areas: dairy farms, dairy processing, meat slaughter and boning, meat processing, shellfish harvest depuration and shucking, and seafood processing.

 

(d)        Working knowledge of relevant Codes of Practice, Acts and Regulations, and Procedure Manuals.

 

(e)        Demonstrated knowledge of NSW Food Authority licensing system.

 

(f)         Good written and verbal communication skills and ability to communicate at various levels to advise, guide, explain and motivate industry personnel.

 

(g)        Driver’s Licence.

 

(h)        Competence in the use of computers for preparation of reports and for electronic communication (word processing, Excel, Internet, e-mail, and, in respect of Environmental Unit, Access).

 

(i)         Demonstrated ability to conduct Food Safety and Quality System Audits and Inspections in respect of Compliance Unit.

 

(j)         Demonstrated ability to design and implement environmental monitoring programs in shellfish harvesting areas in respect of Environmental Unit.

 

(k)        Completed Food Safety Auditor’s Course and meets auditor certification criteria in respect of Compliance Unit.

 

(l)         Completed recognised training in one or more of the following areas in respect of the Environmental Unit: geographic information systems (GIS), hydrology, depuration systems, epidemiology, marine algal biotoxins, virology or related disciplines.

 

(m)       Demonstrated capacity to organise time and work with minimal supervision.

 

(n)        Satisfactory completion of HACCP based training.

 

Progression from Food Safety Officer (FSO 2) to Senior Food Safety Officer (FSO 3).

 

(a)        High level of technical understanding of food safety issues.

 

(b)        Demonstrated knowledge of commodities in two or more food industries.

 

(c)        Detailed knowledge of Codes of Practice, Acts and Regulations and the intent of legislation.

 

(d)        Capacity to provide advice, training and education to industry and applicants.

 

(e)        High level of verbal and written communication skills.

 

(f)         Proven ability to provide comment or advice to NSW Food Authority on topical food safety issues.

 

(g)        Demonstrated ability to conduct investigations, collect evidence, conduct prosecutions, and gather information for reports.

 

(h)        Capacity to act as Lead Auditor in audits and make decisions on a range of technical matters in respect of Compliance Unit.

 

(i)         Capacity to interpret results of environmental monitoring programs (microbiological, phytoplankton, heavy metal and pesticide) and make decisions on related technical issues in respect of Environmental Unit.

 

(j)         Ability to provide constructive advice and guidance to Trainee Food Safety Officers and Food Safety Officers in a team environment.

 

Schedule 2

 

Food Safety Officer - Transitional Provisions

 

Crown Employees (Safe Food Production NSW - Food Safety Officers) Award published 15 November 2002 (337 IG 16) made 21 June 2002.

 

(a)        These transitional arrangements will come into place on and from the date this award is made.

 

(b)        It is the intention of SafeFood to ensure no detriment in terms of salary or conditions accrues to any officer employed at the time of the making of this award.

 

(c)        Staff members of the former Meat, Dairy and Seafood Branches of SafeFood shall be placed onto the their current salary level or the next highest level nearest to their current salary. If an officer or employee has reached twelve months service on a particular salary level and a report from the supervisor indicates that service is satisfactory, the officer or employee shall be placed on the next highest level where such incremental progression is available.

 

(d)        For the purposes of these transitional provisions, officers of the former Dairy Branch employed at the time of the making of this award with educational qualifications acceptable for appointment as Food Safety Auditors or more senior positions by the former NSW Dairy Corporation will be deemed equivalent to the essential qualification requirements of this award specified at Clause 11 (d).

 

(e)        For the purposes of these transitional provisions, officers of the former Meat Branch employed at the time of the making of this award with educational qualifications acceptable for appointment as Auditors or more senior positions by the former Meat Industry Authority of New South Wales will be deemed equivalent to the essential qualification requirements of this award specified at Clause 11 (d).

 

(f)         For the purposes of these transitional provisions, officers of the former Seafood Branch employed at the time of the making of this award with educational qualifications acceptable for appointment by SafeFood will be deemed equivalent to the essential qualification requirements of this award specified at Clause 11 (d).

 

(g)        All officers employed by SafeFood at the time of the making of this award will be deemed eligible to apply for promotional positions within SafeFood as they arise from time to time in respect of Clause 11 (d) of this award.

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.