Crown
Employees (NSW Department of Family and Community Services - Community Services
Division) After Hours Service Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 151 of 2012)
Before The Honourable
Mr Justice Staff
|
29 March 2012
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Rostering
Arrangements
5. Rates for
After Hours Service
6. Contactability
7. Response
to Crisis Calls
8. Use of
Departmental Vehicles
9. Overtime
10. Selection
Criteria and Process
11. Training
12. Anti-Discrimination
13. Grievance
and Dispute Settling Procedures
14. Area
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Table 2 - Other Rates
and Allowances
2. Title
This award shall be known as the Crown Employees (NSW
Department of Family and Community Services - Community Services Division)
After Hours Service Award.
3. Definitions
"Act" means the NSW Industrial Relations
Act 1996 and its Regulations.
"Association" means the Public Service
Association and Professional Officers Association Amalgamated Union of New
South Wales.
"Department" means the NSW Department of
Family and Community Services - Community Services Division.
"Disturbance Rate" means a rate paid to a
rostered officer who the Regional Director has determined need only be
contactable and able to respond to after hours calls out of hours wherever
possible.
"Officer" means all persons permanently or
temporarily employed under the provisions of the Public Sector Employment and
Management Act 2002 and who, on or after the operative date of this Award, are
employed within the NSW Department of Family and Community Services - Community
Services Division..
"On Call Rate" means a rate paid to the
rostered officer who the Regional Director has determined must be available for
the rostered period to receive after hours calls out of ordinary hours and be
able to respond.
"Region" means a geographical area defined as
a Region for the purpose of the Department's operations and for the purpose of
this award, only includes the Western, Hunter/Central Coast, Southern and
Northern Regions.
"Rostered Officer" means an officer who has
volunteered to be rostered on-call or on a disturbance basis to provide after
hours services.
4. Rostering
Arrangements
On-call -
4.1 An officer may
be rostered on-call or disturbance for a minimum of one day. An officer shall
not be rostered for part of a day, except where there are insufficient
volunteers to permit otherwise.
4.2 For the purposes
of subclause (i) of this clause, one day shall mean:
5.00 p.m. to 9.00 a.m. the following day on Monday to
Saturday;
9.00 a.m. Saturday to 9.00 a.m. Sunday; and
9.00 a.m. Sunday to 9.00 a.m. Monday.
Provided that where normal closing time in the locality
concerned is a time other than 5.00 p.m., then that time will be substituted
for 5.00 p.m. in the above provision and where the normal opening time in the
locality is a time other than 9.00 a.m. then that time may be similarly
substituted.
4.3 An officer
rostered on-call for seven consecutive days shall not be required to work a
similar roster for a period of at least six weeks. In any event, such an
officer shall not be required to work a similar roster for a period of three
weeks.
4.4 Rostering
arrangements shall be determined by the Regional Director in consultation with affected
officers and having regard to the availability and training of those officers
who have volunteered to be placed on roster. Such arrangements should also have
regard to particular local geographical concerns and travelling distances
involved in responding to a crisis call.
4.5 A rostered
officer may withdraw from the service at any time but wherever possible, such
officer should provide at least two weeks notice of their intention to do so.
The Regional Director may terminate the roster of an officer by consultation at
any time but should provide similar notice.
4.6 A Regional
Director may vary the roster with at least two weeks notice except when unusual
and unforeseen circumstances arise, in which case the roster may be varied with
less than two weeks notice.
4.7 Disturbance - An
officer rostered on a disturbance basis may be so rostered for any period as
determined by the Regional Director.
4.8 The arrangements
in subclause (4.7) are limited to the extent that no such officer shall be
rostered for part of a day.
4.9 For the purposes
of subclause (4.8) of this clause, the meaning of "a day" shall be
the same as that prescribed for officers rostered on-call.
4.10 The conditions
relating to termination or variation of rostering arrangements shall be the
same as those relating to officers appointed to be on-call.
4.11 General - There
shall be a minimum of two officers rostered on-call or on a disturbance basis
in each of the following Regions:
Western
Northern
Hunter/Central Coast
Southern
In any situation where an officer responds to a
call-out that officer shall determine whether another officer shall attend the
call-out provided that the parties to the award recognise generally the
desirability of having two officers attend the call-out in crisis situations.
5. Rates for After
Hours Service
5.1 The rates and
conditions of all officers who are rostered either on-call or on a disturbance
basis are as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
5.2 Disturbance - A disturbance
rate is payable of an amount as set out in Item 1 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
5.3 An officer in
receipt of the disturbance rate shall be entitled to the on-call rate in the
event that an after hours call is received which requires a call out. Such adjustment shall be in substitution of
the disturbance rate and will only be made on a daily basis.
5.4 The on-call and
disturbance rates shall be adjusted from time-to-time in line with adjustments
in salaries of Caseworkers.
6. Contactability
6.1 On-call -
wherever possible, the Department shall supply a mobile phone to a rostered
officer. A rostered officer must remain near the mobile phone or private
telephone which must remain switched on. A rostered officer shall be available
to answer calls personally and must not utilise an answering machine.
6.2 Disturbance -
the officer must make available a telephone number and/or mobile telephone
number, which must be a number on which he/she can normally be contacted while
on the roster. Where it is reasonable to do so, the officer will answer a call
immediately.
6.3 Where a rostered
officer is not supplied with a mobile phone, he/she shall be reimbursed for the
rental costs associated with their private telephone and all costs incurred
with calls made from that phone associated with a crisis.
6.4 A rostered
officer must contact the Regional Director immediately it becomes known that
the officer shall be unavailable for rostered duty.
7. Response to Crisis
Calls
Where a rostered officer seeks the assistance of a co-worker
other than another rostered officer for the purposes of responding to a call,
such co-worker shall be paid overtime on the basis set out in clause 9
Overtime, and if required to utilise their private vehicle shall be paid at the
rate specified in clause 8, Use of Departmental Vehicles.
8. Use of
Departmental Vehicles
8.1 An officer
rostered on-call shall be provided with a Departmental vehicle for the whole of
the period that he/she is so rostered.
The Departmental vehicle may be used for private purposes and such usage
shall be limited to travel within the particular Region that is serviced by the
rostered officer.
8.2 The private
usage of Departmental vehicles referred to in subclause (8.1) shall not apply
to officers who are rostered on a disturbance basis.
8.3 Where it is
necessary for any rostered officer to utilise a private vehicle in response to
an after hours call, the "Casual Rate" from the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006, as varied from
time to time, shall apply or such other rate as may be prescribed by an award
applying generally to Public Servants.
9. Overtime
9.1 The rates set out
in clause 5, Rates for After Hours Service, include compensation for time taken
to receive calls advising of a possible crisis situation, and where an officer
is not able or obliged to respond to a call in person, the time taken to make
calls arranging for another officer or person to respond. All other time spent in the performance of
work in response to a crisis call shall be paid for as set out hereunder:
(a) for all overtime
worked before the usual commencing time, and after the usual ceasing time
Monday to Friday, inclusive, at the rate of time and one-half for the first two
hours and at the rate of double time thereafter until relieved from duty;
(b) for all overtime
worked on a Saturday at the rate of time and one-half for the first two hours and
at the rate of double time thereafter;
(c) for all overtime
on a Sunday at the rate of double time;
(d) for all overtime
worked on a Public Holiday at the rate of double time and a half, i.e.,
ordinary rates and a half in addition to salary;
(e) An officer shall
be paid a minimum of four hours at the appropriate penalty rate for each call
responded to, provided that where the period of work commences within the
minimum payment period for a previous response, payment shall be calculated as
if the officer had been continuously engaged on overtime from the commencement
of work on the first call until the expiry of the minimum four-hour period on
the last call or completion of work on the last call, whichever is the later.
Provided that the rate upon which the overtime rate is later calculated shall
not exceed Clerk Grade 6 of the Crown Employees (Public Sector - Salaries 2007)
Award.
9.2 Where an officer
responds to a call the officer shall have at least eight consecutive hours of
duty between the end of work on the last such call and the commencement of
normal duty. If on the instruction of the Department the officer resumes or
continues work without having had such eight consecutive hours off duty the
officer shall be paid at double rates until the Officer is released from duty
for such period and the officer shall then be entitled to be absent until the
officer has had eight consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
10. Selection
Criteria and Process
10.1 The Regional
Director shall advise all officers in the Region of any proposal to introduce
an on call or disturbance roster, including the proposed details of the roster
and shall call for expressions of interest from staff who volunteer to
participate as a rostered officer as necessary.
10.2 The Regional
Director shall ensure that an assessment of the rostered officer's capacity to
respond to after hours calls in relevant programme areas is carried out before
the officer is rostered for duty.
11. Training
The Regional Director shall ensure that all officers
who volunteer to participate in the after hours service are provided with any
training necessary to respond effectively to calls received in relevant
programme areas.
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 NSW 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.
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 NSW 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 NSW 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.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the NSW 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 Settling Procedures
13.1 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 the appropriate department,
if required.
13.2 An officer 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.
13.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the NSW Anti
Discrimination Act 1977) that makes it impractical for the officer to advise
their immediate manager the notification may occur to the next appropriate
level of management, including where required, to the Department Head or
delegate.
13.4 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.
13.5 If the matter
remains unresolved with the immediate manager, the officer 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 officer may pursue the sequence of reference to successive
levels of management until the matter is referred to the Department Head.
13.6 The Department
Head may refer the matter to the Director General, Department of Premier and
Cabinet for consideration.
13.7 If the matter
remains unresolved, the Department Head shall provide a written response to the
officer 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.
13.8 An officer, at
any stage, may request to be represented by the Association.
13.9 The officer or
the Association on their behalf, or the Department Head may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
13.10 The officer,
Association, Department and Director General, Department of Premier and Cabinet
shall agree to be bound by any order or determination by the New South Wales
Industrial Relations Commission in relation to the dispute.
13.11 Whilst the
procedures outlined in subclauses 13.1 to 13.10 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 officer or member
of the public.
14. Area, Incidence
and Duration
14.1 This award shall
apply to officers employed as Managers Client Services, Managers Casework,
Caseworkers, Senior Practitioners and Casework Specialists who volunteer to be
placed on an On-Call or Disturbance Roster for the provision of an after hours
service in the Region.
14.2 The officers
regulated by this award shall be entitled to the conditions of employment as
set out in this award and, except where specifically varied by this award,
existing conditions are provided for under the Public Sector Employment and
Management Act 2002, the Public Sector Employment and Management (General)
Regulation 1996, the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2006 and the Crown Employees (Public Sector - Salaries 2007)
Award or any awards replacing these awards.
14.3 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the NSW 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
(3 10 IG 359) and take effect on and from 29 March 2012.
14.4 Changes in the
award subsequent to it first being published on 28 September 2007 (have been
incorporated into this award as part of the review.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Classification
|
Amount from first
full pay period to commence
|
|
on or after 1 July
2011
|
|
$
|
Monday 5.00 pm to Saturday 9.00 am
|
88.21 per day
|
Saturday 9.00 am to Sunday 9.00 am
|
132.30 per day
|
Sunday 9.00 am to Monday 9.00 am
|
132.30 per day
|
Public Holiday
|
132.30 per day
|
Table 2 - Other Rates and Allowances
Item No
|
Clause No.
|
Amount from first
full pay period to commence
|
|
|
on or after 1 July
2011
|
|
|
$
|
1
|
5.2 Disturbance Rate
|
26.43 per day
|
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.