Crown
Employees (Office of the WorkCover Authority - Inspectors 2007) Award
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Application by WorkCover New South Wales.
(No.
IRC 2041 of 2007)
Before Commissioner Murphy
|
23 November 2007
|
AWARD
Arrangement
PART A
Clause
No. Subject Matter
1. Title
2. Definitions
3. Parties
4. Salaries
and Allowances
5. Conditions
of Employment
6. Hours
7. Flexible
Working Hours Scheme
8. Overtime
9. Excess
Travelling Time
10. Annual
Leave Loading
11. Sick
Leave - Mutual Leave Fund
12. After
Hours Response Service
13. Motor
Vehicles
14. Deduction
of Union Membership Fees
15. Classification
Structure
16. Competency
Assessment
17. Entry
Level Inspector
18. Progression
as an Inspector
19. Progression
to Senior Inspector or Principal Inspector
20. Progression
to Assistant State Inspector or State Inspector
21. Grievance
Handling and Dispute Settling Procedure
22. Anti-Discrimination
23. No
Extra Claims
24. Area,
Incidence and Duration
PART B
MONETARY. RATES
Table 1 - Inspector Classification and Salary
Scales
Table 2 - After Hours Response Service
Allowances
Table 3 - Salary Scales - Transitional
Adjustments
PART A
1.
Title
This award will be known as the Crown
Employees (Office of the WorkCover Authority - Inspectors 2007) Award.
2.
Definitions
"Contract hours" for a full time
Inspector, means one fifth of ordinary working hours as prescribed in this
award and, for a part time Inspector, means the hours usually worked on the
day.
"Competencies" refer to the national
competency standards assigned by WorkCover at specific classification levels.
"Daily span of hours" means, for an
Inspector required to work flexible hours, the hours that fall within the
bandwidth of the flexible working hours scheme of this award, which do not
attract payment for overtime and, for an Inspector required to work standard
hours, the contract hours defined in this award.
"Inspector" means an officer or
employee employed in WorkCover under Chapter 2 the Public Sector Employment
and Management Act 2002 who occupies a position classified in the Inspector
Classifications identified in Table 1 of this award.
"Level" means the salary levels
specified in Table 1 of this award.
"Memorandum of Understanding" means
the document referred to in this award that specifies the understanding between
the parties of the benefits to the parties through the operation of the award,
the implementation of the award and the administration of the award.
"Salary scale" means the set of
salaries payable under this award and specified in Table 1 of this award.
"Standard hours" are the set and
regular hours of WorkCover’s operations as determined by WorkCover.
"Union" and
"PSA" means the Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
"WorkCover" means the Chief
Executive Officer of the Office of the WorkCover Authority delegated by the
Director of Public Employment under section 124 of the Public Sector
Employment and Management Act 2002 to exercise the functions of the
Director of Public Employment pursuant to section 129 of that Act with respect
to this award.
3. Parties
3.1 The parties to this award are:
(a) Director of Public Employment; and
(b) Public Service Association and
Professional Officers’ Association Amalgamated Union of New South Wales.
4. Salaries and Allowances
4.1 For the purposes of this award, the
parties note:
(a) The former Crown Employees (WorkCover
Authority - Inspectors) Award made on 28 November 2003 published 21 May 2004
(344 I.G. 523) is listed in Schedule A and Part B Monetary Rates of the Crown
Employees (Public Sector - Salaries 2007) Award published 30 March 2007 (362
I.G. 404).
(b) The Crown Employees (Public Sector -
Salaries 2007) Award provides for a 4% salary increase for Inspectors from the
beginning of the first pay period commenced on or after 1 July 2007.
(c) The 4% salary increase in the Crown
Employees (Public Sector - Salaries 2007) Award is the final pay increase
arising from the agreement entered into on 21 December 2004 between the New
South Wales Government and the Association.
(d) The increases
provided by this award include:
i. A compensatory increase of $4,500 per
annum effective from the first pay period commencing on or after 16 November
2006, for changes to the Private Use Motor Vehicle Scheme included in the
Memorandum of Understanding.
ii. Increases that introduce a new salary
structure that provide incremental steps comprising -
A. Variable increases, effective from the
first pay period commencing on or after 16 November 2006, to establish the
differentials for the new incremental salary rates.
B. The 4% increase in allowances payable
under the Crown Employees (Public Sector - Salaries 2007) Award paid under that
award, effective from the first pay period to commence on or after 1 July 2007.
4.2 The parties agree that:
(a) The increases referred
to in 4.1(d) above are included in the following tables as follows:
i. Table 1 - All salary
increases specified in 4.1(d).
ii. Table 2 - The increases
in allowances specified in 4.1(d) ii. B.
(b) During the term of this
award, variation to the salaries and allowances included in the Tables to this
award by way of salary increases or other benefits will be those applied by the
Crown Employees (Public Sector Salaries - 2007) Award, or a replacement award.
(c) The adjustment of an
Inspector’s salary to the new incremental salary rates referred to in 4.1(d)
ii. A, is to be in accordance with Table 3.
5. Conditions of Employment
5.1 The provisions of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006 apply to an
Inspector except for the following provisions in this award, which replace any
respective counterpart provision applying within the relevant clauses of the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006:
(a) Flexible working hours.
(b) Overtime and overtime meal allowances.
(c) Excess travelling time.
(d) Annual leave loading.
(e) Sick leave with respect to the Mutual
Leave Fund.
5.2 In the event of any inconsistency or
ambiguity that may arise in the application of this award, the relevant
provisions of this award will apply before the relevant provisions of Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2006.
6. Hours
6.1 The ordinary working hours of an
Inspector are 38 hours per week, Monday to Friday.
6.2 An Inspector’s contract hours for one
day are equivalent to 7 hours and 36 minutes, which are used to calculate leave
entitlements and for WorkCover to determine the standard hours for an
Inspector.
6.3 An Inspector’s daily span of hours will
be either the bandwidth specified under the flexible working hours scheme of
this award or the standard hours determined by WorkCover.
7. Flexible Working Hours Scheme
7.1 The Workcover Authority Flexible Working
Hours Agreement will apply to all Inspectors working under this award.
7.2 Extended Bandwidth
(a) Extended Bandwidth starts at 6:00am and
ends at 10.00pm, and its use is subject to WorkCover’s discretion and agreement
between the Inspector and their supervisor.
(b) An Inspector may, within the extended
bandwidth and with the approval of their supervisor, choose to work more than
the maximum number of 12 hours on a nominated day, which is to be recorded as
part of flexible working hours.
(c) Where an Inspector is directed to work
for more than the maximum 10.5 hours on a nominated day, overtime will apply.
8. Overtime
8.1 Eligibility for overtime:
(a) An Inspector will be eligible for
overtime if they have been directed by their supervisor to work -
i. more than 10.5 hours in one day; or
ii. before 6:00am or after 10:00pm; or
iii. on a Saturday, Sunday or public holiday.
(b) Hours worked under the extended bandwidth
will not of itself result in overtime, unless the conditions in (a) apply.
(c) An Inspector who is rostered for the
After Hours Response Service when "called out" to attend an incident
shall be paid a minimum of 3 hours at double time per each separate incident.
8.2 An Inspector may be directed to work
overtime, provided it is reasonable for the Inspector to be required to do
so. An Inspector may refuse to work
overtime in circumstances where the working of such overtime would result in
the Inspector working unreasonable hours.
In determining what is unreasonable, the following factors shall be
taken into account:
(a) the Inspector’s prior commitments
outside the workplace, particularly the Inspector’s family and carer
responsibilities, community obligations or study arrangements,
(b) any risk to the Inspector’s health and
safety,
(c) the urgency of the work required to be
performed during overtime, the impact on the operational commitments of the
organisation and the effect on client services,
(d) the notice (if any) given regarding the
working of the overtime, and by the Inspector of their intention to refuse
overtime, or
(e) any other relevant matter.
8.3 Overtime is to be calculated using the
formula
Annual Salary ¸
52.17857
|
|
35
|
= Hourly Rate
|
8.4 Overtime Meal Allowances:
(a) The overtime meal allowances for
breakfast, lunch and dinner specified in the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006 will apply.
(b) Breakfast Allowance - Inspectors are eligible
for the allowance for breakfast when they have been directed to work before
6.00am and an expense is actually incurred.
(c) Lunch Allowance - Inspectors are
eligible for the allowance for lunch when they have been directed to work on a
Saturday, Sunday or public holiday and commence before 8.30am and finish after
1.30pm or commence after 8.30am and finish after 2.00pm and an expense is
actually incurred.
(d) Dinner Allowance - Inspectors are
eligible for the allowance for dinner when they have been directed to work
after 6.30pm and an expense is actually incurred.
8.5 Meal breaks are in an Inspector’s own
time and are not counted towards an Inspector’s work time or for the payment of
overtime or the accrual of flexible working hours.
9.
Excess Travelling Time
9.1 Excess
travelling time is the time taken for an Inspector to travel to a work location
that is in excess of the time normally taken for the Inspector to travel
between their home and their office.
9.2 Compensation
for excess travelling time applies when:
(a) the
travel is required to perform WorkCover duties; and
(b) the
travel has had prior approval; and
(c) the
excess travelling time amounts to at least 15 minutes on any one day outside
the daily span of hours after deducting the time normally taken for an
Inspector to travel between their home and their office.
9.3 Excess
travelling time undertaken during the Extended Bandwidth will accrue as hours
worked under flexible working hours.
9.4 Excess
travelling time undertaken outside the Extended Bandwidth of before 6.00am or
after 10.00pm Monday to Friday, or on a Saturday, Sunday or public holiday, or
on a non-working day, will be compensated by payment or by leave in lieu at the
Inspector’s ordinary rate of pay.
9.5 WorkCover
will decide which type of compensation to grant, having regard to the needs of
the Inspector and WorkCover.
10. Annual Leave Loading
10.1 The salary rates in Table 1 to this award
include an amount of 1.5% of the relevant rate to reflect the annualisation of
leave loading.
11. Sick Leave - Mutual Leave Fund
11.1 This award continues the WorkCover
Inspectors’ Mutual Leave Fund (the Fund).
11.2 The Fund is an additional entitlement to
an Inspector’s annual sick leave entitlements and will operate as follows:
(a) Unless otherwise agreed between the
parties, a contribution of three days sick leave will be made from an
Inspector’s annual sick leave entitlement on 1 January each year and pooled in
the Fund.
(b) These pooled days will accumulate for
the life of this award.
(c) An Inspector with less than five days
sick leave on the 1 January will not be required to contribute any days sick
leave for that year but will be required to contribute no more than three days
sick leave on 1 January of the following year.
(d) Contributions from an Inspector’s annual
sick leave entitlement -
i. will cease when the maximum number of
pooled days reaches 2,100 days or more; and
ii. will re-start when the number of pooled
days reaches 1,500 days or less.
(e) An Inspector will be notified regarding
further contributions from their annual sick leave entitlement when the minimum
number of pooled days has been reached.
(f) If the Fund is discontinued for any
reason, the accumulated sick leave days will be re-credited to the Inspector’s
sick leave entitlement to the extent of the contributions made, less the number
of days paid to the Inspector from the Fund.
(g) An Inspector who transfers to a position
within WorkCover not covered by this award, or transfers elsewhere in the
Public Service, will have re-credited to the Inspector’s sick leave
entitlement, the contributions made less the number of days paid to the
Inspector from the Fund.
(h) An Inspector is entitled to claim from
the Fund when -
i. their accumulated and annual sick
leave entitlement is exhausted; and
ii. they have been absent from work due to
sickness or injury for 10 consecutive working days, as a qualifying period.
(i) WorkCover may, subject to the
circumstances of the case such as part time absences for treatment of a chronic
illness, reduce or waive the requirement for an Inspector to have been absent
from work for the qualifying period of 10 consecutive working days.
(j) An Inspector is entitled to claim from
the Fund for all days absent from work through sickness or injury, including
the 10 consecutive working days qualifying period.
(k) A medical certificate must support all
days claimed from the Fund.
(l) Should the Fund be unable to meet
claims because of insufficient pooled days, WorkCover will underwrite any
claims until the Fund receives further contributions.
12. After Hours Response Service
12.1 An After Hours
Response Service will operate to provide a rapid response to an emergency
incident that occurs outside WorkCover’s standard hours and includes the
Emergency Telephone and the Asbestos Demolition Response Service.
12.2 An Inspector
who is rostered for the After Hours Response Service as the After Hours
Response Manager or as a Rostered Inspector will be paid the allowances
specified in Table 2 of this award.
12.3 An Inspector
who is rostered for the After Hours Response Service when called out to attend
an emergency incident will be paid a minimum of three hours overtime at double
time for each separate incident.
12.4 Should an Inspector be called out to
attend an emergency incident on a public holiday, the Inspector will be paid a
minimum of three hours at double time and a half for each separate incident.
13. Motor Vehicles
13.1 A motor vehicle will be allocated to an
Inspector as a tool of work to enable the efficient and effective operation of
WorkCover services.
13.2 The motor vehicle allocated to an
Inspector will be available for private use by the Inspector, subject to the
WorkCover Motor Vehicle Private Use Scheme.
13.3 The parties acknowledge that motor
vehicles are allocated, along with a package of conditions including a 38 hour
week, to enable the efficient and effective operation of services provided by
field based inspectors. WorkCover acknowledges that Inspectors originally
traded a 35 hour week as well as other trade offs to obtain the conditions in
this package.
14. Deduction of Union Membership Fees
14.1 The union shall provide WorkCover with a
schedule setting out union fortnightly membership fees payable by members of
the union in accordance with the union's rules.
14.2 The union shall advise WorkCover of any
change to the amount of fortnightly membership fees made under its rules and
any variation to the schedule of union fortnightly membership fees payable
shall be provided to WorkCover at least one month in advance of the variation
taking effect.
14.3 Subject to 14.1 and 14.2 above, WorkCover
shall deduct union fortnightly membership fees from the pay of any Inspector
who is a member of the union in accordance with the union's rules, provided
that the Inspector has authorised WorkCover to make such deductions.
14.4 Money so deducted from the Inspector’s pay
shall 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.
14.5 Unless WorkCover and the union agree to
other arrangements, all union membership fees shall be deducted on a
fortnightly basis.
14.6 Where an Inspector has already authorised
the deduction of union membership fees from his or her pay prior to this clause
taking effect, nothing in this clause shall be read as requiring the Inspector
to make a fresh authorisation in order for such deductions to continue.
15. Classification Structure
15.1 The Inspector
Classification has two streams, Inspectorial and Managerial, which represent
work of either an inspectorial nature or of a managerial nature and reflect the
different types of work performed, knowledge required, problem solving skills
employed and accountability levels established.
15.2 Appointment to
and progression within the Inspectorial stream will be in accordance with the
provisions contained in clauses 17, 18, 19 and 20 of this award.
15.3 Appointment to
and progression within the managerial stream will be by merit selection.
15.4 Transfer
between each stream, will be subject to the follow principles:
(a) An Inspector in the Inspectorial Stream
who is successful in being appointed to a position in the Managerial Stream
will transfer to the Managerial Stream position and retain their Inspectorial
Stream salary where -
i. their Inspectorial Stream salary is
higher than the salary for the Managerial Stream position, and
ii. the functions and scope of the
Managerial Stream position, as determined by WorkCover, enables the Inspector
to continue to exercise their Inspectorial skills and knowledge in the field at
the level consistent with their Inspectorial Stream salary.
(b) An Inspector in the Managerial Stream
may transfer to a position in the Inspectorial Stream provided that -
i. there is an identified
need approved by WorkCover, and
ii. the Inspector holds the
relevant competencies or other qualifications specified for the Inspectorial
Stream position to which they are transferred; or,
iii. a District Coordinator
who has held that position for 3 years and is approved to transfer into the
Inspectorial stream may do so without the need to obtain Principal Inspector
competencies. Periods of acting as a District Coordinator do not count towards
the 3-year period. A District Coordinator 2 will move to the salary rate of a
Principal Inspector 2.
(c) An Inspector
transferring to another position within the Inspectorial stream or within the
Managerial stream will be subject to procedures determined by WorkCover
following consultation with the PSA.
16. Competency Assessment
16.1 Progression and appointment to the
Inspector Classifications of Senior Inspector, Principal Inspector, Assistant
State Inspector and State Inspector will be subject to, amongst other
requirements, an Inspector holding the relevant competencies specified in the
Memorandum of Understanding that have been awarded by:
(a) WorkCover in its role as a Registered
Training Organisation, or
(b) a Registered Training Organisation
conducting assessment under the auspices of WorkCover, or
(c) any other Registered Training
Organisation having the capacity to issue a Statement of Attainment.
16.2 WorkCover will ensure that a policy of
equal opportunity is applied so that all Inspectors are offered equal access to
work of a nature that provides learning and development in the disciplines and
fields of knowledge relevant to competency units. This may involve an Inspector
changing groups, teams or locations to access these opportunities.
16.3 The parties are committed to a process of
consultation on the methods to be used to assess an Inspector against a
competency unit, with a view to reaching agreement on the methods adopted
being:
(a) fairly and justly applied,
(b) regarded by the parties as appropriate
for assessment of the Inspector against the relevant competency unit, and
(c) consistent with the national guidelines
for assessment of competency units contained in appropriate National Training
Packages.
16.4 Changes to the competency units selected
and assigned at each Inspector classification level:
(a) will require the parties to consult and
reach agreement to those changes.
(b) will occur in such a way as to ensure
that the competency assessment process is fair and just.
(c) The parties are committed to a process
of ensuring that the competency units selected remain relevant and appropriate
to the work of an Inspector.
17. Entry Level Inspector
17.1 An entry level Inspector is an Inspector
recruited to an Inspector Classification position for which they applied, on a
salary level for the position that is commensurate with their skill and
experience as determined by WorkCover.
17.2 Probationary appointment and confirmation:
(a) An entry level Inspector
will be appointed on probation for a period of 12 months, or such other period
as directed by WorkCover, to -
i. undertake training for the Diploma of
Government (Workplace Inspection) issued by WorkCover as a Registered Training
Organisation, and
ii. receive instruction in the conduct and
performance of an Inspector.
(b) The entry level Inspector will be
eligible for confirmation of appointment when they have -
i. met the standards required within the
entry level Inspector’s training program, which includes assignments and field
activities, and have had their conduct and performance assessed as
satisfactory.
ii. been assessed and deemed competent for
the Diploma of Government (Workplace Inspection).
(c) The entry level Inspector who has completed
a period of probation in a position other than Inspector in WorkCover, or a
position in another Department or other New South Wales public authority, and
was confirmed in that position, will be regarded as an entry level Inspector
and will be required to -
i. undertake the training and receive
instructions as specified in (a), and
ii. satisfy the confirmation of appointment
provisions in (b).
17.3 Should an entry level Inspector not
satisfy the confirmation of appointment provisions within the 12-month period,
WorkCover may extend their probation for a further period or periods considered
appropriate by WorkCover to complete the confirmation of appointment
requirements, subject to reasonable notice being given to the entry level
Inspector.
17.4 Should an entry level Inspector fail to
complete the requirements for confirmation of appointment within the extended
period, WorkCover will discontinue the provision of training and instructions
and will consider the future of their continued employment in WorkCover.
18. Incremental Progression
18.1 Incremental progression as an Inspector
from Inspector Level 1 to Inspector Level 2 and subsequently to Inspector Level
3 will be subject to an Inspector’s conduct and performance being assessed as
satisfactory after a period of 12 months as an Inspector Level 1, Inspector
Level 2, or Inspector Level 3.
18.2 Incremental progression within each of the
Inspector classifications within the Inspectorial Stream other than Inspector
Level 1, Inspector Level 2, or Inspector Level 3, and within the Managerial
stream, will be subject to an Inspector’s conduct and performance being
assessed as satisfactory after a period of 24 months in the Inspector’s
classification.
19. Progression to Senior Inspector or Principal
Inspector
19.1 Progression to Senior Inspector or
Principal Inspector will require:
(a) the Inspector’s conduct and performance
being assessed as satisfactory, and
(b) the Inspector holding relevant
competencies for a Senior Inspector or Principal Inspector, whichever applies.
20. Progression to Assistant State Inspector or
State Inspector
20.1 Progression to Assistant State Inspector
or State Inspector will be subject to:
(a) the Inspector holding the relevant
competencies for an Assistant State Inspector or State Inspector, and
(b) merit selection.
21. Grievance and Dispute Settling Procedures
21.1 All grievances and disputes relating to
the provisions of this award 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 WorkCover, if required.
21.2 A staff member 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.
21.3 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 Chief Executive Officer or delegate.
21.4 The immediate manager, or other
appropriate officer, shall 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.
21.5 If the matter remains unresolved with the
immediate manager, the staff member may request to meet the appropriate person
at the next level of management in order to resolve the matter. This manager
shall respond within two (2) working days, or as soon as practicable. The staff
member may pursue the sequence of reference to successive levels of management
until the matter is referred to the Chief Executive Officer.
21.6 The Chief Executive Officer may refer the
matter to the Director of Public Employment for consideration.
21.7 If the matter remains unresolved, the
Chief Executive Officer 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.
21.8 A staff member, at any stage, may request
to be represented by the Union.
21.9 The staff member, or the Union on their
behalf, or the Chief Executive Officer may refer the matter to the New South
Wales Industrial Relations Commission if the matter is unresolved following the
use of these procedures.
21.10 The staff member, Union, WorkCover and
Director of Public Employment shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
21.11 Whilst the procedures outlined in subclauses
21.1 to 21.10 of this clause are being followed, normal work undertaken prior
to notification of the dispute or difficulty shall continue unless otherwise
agreed between the parties, or, in the case involving occupational health and
safety, if practicable, normal work shall proceed in a manner which avoids any
risk to the health and safety of any staff member or member of the public.
22. Anti-Discrimination
22.1 It is the intention of the parties bound
by this award to seek to achieve the objects of 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.
22.2 It follows that in fulfilling their
obligations under the dispute resolution procedures 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 the effects and it will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provisions of
this award, which by its terms or operation, has a direct or indirect
discriminatory effect.
22.3 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.
22.4 Nothing in this clause is to be taken to
effect:
(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 exempt 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.
22.5 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.
22.6 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
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."
23. No Extra Claims
23.1 The parties agree that the variations in
salaries, allowances and conditions of employment under this award have been
paid on the assumption that there will be no extra claims for the duration of
this Award. The parties to this agreement are described in clause 3 of this
award.
23.2 This no extra claims commitment does not
prevent the parties making any claims that may arise following the adoption of a
new Equal Remuneration Principle by the New South Wales Industrial Relations
Commission.
24. Area, Incidence and Duration
24.1 This award will
apply to all Inspectors who occupy a position classified in the Inspector
Classifications identified in Table 1 of this award.
24.2 This award is made following consent of
the parties and rescinds and replaces the Crown Employees (Office of the
WorkCover Authority - Inspectors) Award 2007, published 9 November 2007 (364
I.G. 329).
24.3 This award will be effective from the
first pay period commencing on or after 16 November 2007.
24.4 This award will be in force for a period
of three years from 16 November 2007 or until it is varied or rescinded.
Table 1 -
Inspector Classifications and Salary Scales
2003 Award
|
2006 Award
|
Inspector
|
Managerial
|
Salary
|
Salary
|
Inspectorial
|
Managerial
|
Salary p.a.
|
Salary p.a.
|
Stream
|
Stream
|
p.a.
|
p.a. fpp
|
Stream
|
Stream
|
fpp
|
fpp
|
|
|
14 July
|
comm. on or
|
|
|
commencing
|
commencing
|
|
|
2006
|
after
|
|
|
on or after
|
on or after
|
|
|
|
16 Nov. 06
|
|
|
16 Nov. 06
|
1 July 2007
|
|
|
|
|
|
|
|
|
Level 1
|
|
$58,865
|
$63,365
|
|
|
|
|
Level 2
|
|
$59,635
|
$64,135
|
|
|
|
|
Level 3
|
|
$63,927
|
$68,427
|
Level
1
|
|
$69,111
|
$71,164
|
Level 4
|
|
$65,800
|
$70,300
|
Level
2
|
|
$71,003
|
$73,112
|
Level 5
|
|
$69,801
|
$74,301
|
Level
3
|
|
$75,044
|
$77,273
|
Senior
|
|
|
|
Senior
|
|
|
|
Inspector
|
|
$72,705
|
$77,205
|
Inspector
|
|
$77,977
|
$80,293
|
|
|
|
|
1
|
|
|
|
|
|
|
|
Senior
|
|
|
|
|
|
|
|
Inspector
|
|
$78,710
|
$81,048
|
|
|
|
|
2
|
|
|
|
Assistant
|
District
|
$75,016
|
$79,516
|
Principal
|
District
|
|
|
Principal
|
Coordi-
|
|
|
Inspector
|
Coordi-
|
$80,311
|
$82,697
|
Inspector
|
nator
|
|
|
1
|
nator
1
|
|
|
|
|
|
|
Principal
|
|
|
|
|
|
|
|
Inspector
|
|
$81,067
|
$83,474
|
|
|
|
|
2
|
|
|
|
|
|
|
|
|
District
|
|
|
|
|
|
|
|
Coordi-
|
$81,901
|
$84,334
|
|
|
|
|
|
nator
2
|
|
|
Principal
|
|
$79,422
|
$83,922
|
Assistant
|
|
|
|
Inspector
|
|
|
|
State
|
|
$84,761
|
$$7,279
|
|
|
|
|
Inspector
|
|
|
|
|
|
|
|
1
|
|
|
|
|
|
|
|
Assistant
|
|
|
|
|
|
|
|
State
|
|
$85,558
|
$88,100
|
|
|
|
|
Inspector
|
|
|
|
|
|
|
|
2
|
|
|
|
Regional
|
Team
|
$85,129
|
$89,629
|
State
|
Team
|
|
|
Inspector
|
Coordi-
|
|
|
Inspector
|
Coordi-
|
$90,525
|
$93,214
|
|
nator
|
|
|
1
|
nator
1
|
|
|
|
|
|
|
State
|
|
|
|
|
|
|
|
Inspector
|
|
$91,377
|
$94,091
|
|
|
|
|
2
|
|
|
|
|
|
|
|
|
Team
|
|
|
|
|
|
|
|
Coordi-
|
$92,318
|
$95,060
|
|
|
|
|
|
nator
2
|
|
|
State
|
State
|
|
|
|
State
|
|
|
Inspector
|
Coordi-
|
$89,351
|
$93,851
|
|
Coordi-
|
$94,790
|
$97,605
|
|
nator
|
|
|
|
nator 1
|
|
|
|
|
|
|
|
State
|
|
|
|
|
|
|
|
Coordi-
|
$95,681
|
$98,523
|
|
|
|
|
|
nator
2
|
|
|
|
Team
|
$97,032
|
$101,532
|
|
|
|
|
|
Manager
|
|
|
|
|
|
|
|
|
$101,148
|
$105,648
|
|
Team
|
$106,704
|
$109,874
|
|
|
|
|
|
Manager
1
|
|
|
|
|
$107,484
|
$111,984
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$112,217
|
$116,717
|
|
Team
|
$117,884
|
$121,386
|
|
|
|
|
|
Manager
2
|
|
|
4,500 Compensatory Payment
New Salary Structure and
Interim payment from 4%
4% Final Payments
Table 2 - After
Hours Response Service Allowances
Role
|
Allowances
|
|
Roster Allowance
|
Phone Call
Disturbance
|
|
|
|
Allowance
|
|
|
First pay period
|
From first pay
|
First pay period
|
From first
|
|
|
commencing on
|
period
|
commencing on
|
pay period
|
|
|
or after
|
commencing
|
or after
|
commencing
|
|
|
16 November 2006
|
1 July 2007
|
16 November 2006
|
1 July 2007
|
|
|
|
|
|
|
|
After Hours
|
$112
|
$116
|
$30 per call received
|
$31 per call
|
|
Response
|
per week
|
per week
|
up to eight calls
|
received up to
|
|
Manager
|
|
|
in 24 hours
|
eight calls in
|
|
|
|
|
|
24 hours
|
|
|
|
|
|
|
|
Rostered
|
$112
|
$116
|
$20 per call received
|
$21 per call
|
|
Inspector
|
per week
|
per week
|
up to eight calls
|
received up to
|
|
|
|
|
in 24 hours
|
eight calls in
|
|
|
|
|
|
24 hours
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Table 3 -
Salary. Scales - Transitional
Adjustments
Inspector classification
|
Period of Service
|
Adjustment to 2007
|
Increment
|
and salary level
|
at this level
|
Award
|
Date
|
2003 Award
|
|
|
|
Inspector, Level 1
|
Not applicable
|
Inspector, Level 1
|
Retains increment date
|
Inspector, Level 2
|
Not applicable
|
Inspector, Level 1
|
Retains increment date
|
Inspector, Level 3
|
Not applicable
|
Inspector, Level 1
|
Retains increment date
|
Inspector, Level 4
|
Not applicable
|
Inspector, Level 2
|
Retains increment date
|
Inspector, Level 5
|
Not applicable
|
Inspector, Level 3
|
Retains increment date
|
Senior Inspector
|
Less than
|
Senior Inspector 1
|
Date of appointment as
|
|
24 months
|
|
Senior Inspector
|
|
24 months or more
|
Senior Inspector 2
|
Not applicable
|
Assistant Principal
|
Less than
|
Principal Inspector 1
|
Date of appointment as
|
Inspector
|
24 months
|
|
Assistant Principal
|
|
|
|
Inspector
|
|
24 months or more
|
Principal Inspector 2
|
Not Applicable
|
District Coordinator
|
Less than
|
District Coordinator 1
|
Date of appointment as
|
|
24 months
|
|
District Coordinator
|
|
24 months or more
|
District Coordinator 2
|
Not applicable
|
Principal inspector
|
Less than
|
Assistant State
|
Date of appointment as
|
|
24 months
|
Inspector 1
|
Principal Inspector
|
|
24 months
|
Assistant State
|
Not applicable
|
|
or more
|
Inspector 2
|
|
Regional Inspector
|
Less than
|
State Inspector 1
|
Date of appointment as
|
|
24 months
|
|
Regional Inspector
|
|
24 months or more
|
State Inspector 2
|
Not applicable
|
Team Coordinator
|
Less than
|
Team Coordinator 1
|
Date of appointment
|
|
24 months
|
|
as Team Coordinator
|
|
24 months
|
Team Coordinator 2
|
Not applicable
|
|
or more
|
|
|
State inspector
|
Less than
|
State Coordinator 1
|
Date of appointment as State
|
|
24 months
|
|
Inspector
|
|
24 months or more
|
State Coordinator 2
|
Not applicable
|
|
|
|
|
State Coordinator
|
Less than
|
State Coordinator 1
|
Date of appointment as
|
|
24 months
|
|
State Coordinator
|
|
24 months or more
|
State Coordinator 2
|
Not applicable
|
Team Manager 1st year
|
Not applicable
|
Team Manager 1
|
From commencement of pay
|
|
|
|
period for (insert date
|
|
|
|
12 months before
|
|
|
|
commencement of award)
|
Team Manager 2nd year
|
Not applicable
|
Team Manager 1
|
Date of appointment as
|
|
|
|
Team Manager 2nd year
|
Team Manager 3rd year
|
Not applicable
|
Team Manager 2
|
Not applicable
|
|
|
|
|
Team Manager 4th year
|
Not applicable
|
Team Manager 2
|
Not applicable
|
|
|
|
|
J. P. MURPHY, Commissioner
____________________
Printed by the authority of the Industrial Registrar.