CROWN EMPLOYEES (OPERATIONAL STAFF - NSW AGRICULTURE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 682 of 2005)

 

 

REVIEWED AWARD

 

PART A

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Title

2.         Definitions

3.         Salaries

4.         Saving of Rights

5.         Minimum Qualification Requirements and Commencing Rates

6.         Promotional Criteria

7.         Allowances

8.         Review of Allowances Payable in Terms of this Award

9.         Hours of Work - Day Work

10.       Hours of Work - Shift Work

11.       Overtime

12.       Public Service Holiday

13.       Job Evaluation

14.       Appeals Mechanism

15.       Dispute Handling Procedure

16.       Deduction of Union Membership Fees

17.       Anti-Discrimination

18.       Public Holidays

19.       Transitional Arrangements

20.       Area Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Allowances

 

1.  Title of the Award

 

(i)         This Award shall be known as the Crown Employees (Operational Staff - NSW Agriculture) Award.

 

2.  Definitions

 

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

 

(ii)        "Apprentice" means - an Apprentice employed in a trade covered by the Crown Employees (Skilled Trades) Award and Dairying Industry Employees (State) Award.

 

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

 

(iv)       "Department" means - the Department of Agriculture, as specified in Schedule 1 of the Public Sector Management Act, 1988. On 1 July 2004, NSW Agriculture was amalgamated as part of the formation of NSW Department of Primary Industries, as specified in Schedule 1, Departments, of the Public Sector Employment and Management Act 2002.

 

(v)        "Farm Assistant", Livestock Attendant", "Senior Livestock Attendant", "Laboratory Craftsman" and "Senior Laboratory Craftsman" means - a member of staff who is appointed to a position designated as such.

 

(vi)       "Farm Supervisor" means - a member of staff who is appointed to a position designated as such.

 

(vii)      "Supervisor-Special Grade" means - an officer employed as a supervisor who, in the opinion of the Public Employment Office/Department, has special responsibilities involving supervision of another supervisor and more than one major field of activity.

 

(viii)     "Gardener-Tradesperson" means - an employee who has satisfactorily completed indentures in the industry of horticulture and gardening and holds the Horticulture Certificate of the Department of Technical and Further Education or a certificate of equal or higher status and is engaged as a tradesperson in horticulture, gardening, green keeping, floral decoration and all phases of allied works, such as rockery building, paving, landscaping and the like. Provided that an officer who at the time of the making of this Award has been appointed as a "gardener" under the Crown Employees (Operational Staff – Department of Agriculture) Award published 1 May 1998 (304 IG 750) and who through ongoing experience described, shall for the purpose of the Award be deemed to be a gardener tradesperson.

 

(ix)       "Gardener-experienced" means - an officer, not being a gardener-tradesperson, as defined, who is appointed to act as gardener in the absence of or unavailability of a gardener-tradesperson and who, by experience, is capable of performing gardening work to a satisfactory level.

 

(x)        "Gardener-labourer" means - an officer who is appointed to assist a gardener or to assist generally in gardening work and may be required to carry out under the supervision of a gardener any of the work set out in the definition of "gardener-tradesperson' and includes the operation of small petrol or electricity driven hand mowers and the like.

 

(xi)       "Gardener-labourer 1st class" means - a garden labourer who is capable of and required from time to time to drive and/or operates motorised tractor hauled or mechanical equipment used in gardening, tree lopping, paving, kerb making, rockery building and landscaping.

 

(xii)      "Handyperson" means - a member of staff who is appointed to a position designated as such and who carries out minor repairs and maintenance of farm buildings, structures and equipment.

 

(xiii)     "Job Evaluation" means - a methodology agreed to between the parties to grade Operational Staff positions under this Award.

 

(xiv)     "Leading Hand" means - a member of staff who is appointed to a position designated as such and who supervises a particular operation(s).

 

(xv)      "Prior Learning" means - recognising formal skills and experience.

 

(xvi)     "Maintenance Operator" means - a member of staff who is appointed to a position designated as such and who carries out repairs and maintenance of farm buildings, structures and equipment and is appointed to a position that requires possession of a trade qualification as a condition of employment.

 

(xvii)    "Maintenance Supervisor" means - a member of staff who is appointed to a position of Building Supervisor that requires possession of a trade qualification as a condition of employment.

 

(xviii)   "Member of Staff" for the purposes of this Award, means - a person employed as an officer on probation, or officer, employed in any capacity under the provisions of Part 2 of the Act, or a temporary employee employed under S.27 of the Act, who are classified under this Award, and employed in either a casual,  part time or  full time capacity.

 

(xix)      "Normal Work" normal work as defined in subclause (h) of Clause 15, Dispute Handing Procedures is defined as the duties and responsibilities relevant to the Statement of Duties, or Position Description of a member, or members of staff at the time of a Grievance, Dispute or Difficulty,

 

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

 

(xxi)      "Position" means - a position as dealt with in Section 9 of the Public Sector Employment and Management Act 2002.

 

(xxii)     "Public Service" means - the Public Service of New South Wales as defined in the Public Sector Employment and Management Act 2002.

 

(xxiii)    "Regulation" means - the Public Sector Employment and Management (General) Regulation, 1996.

 

(xxiv)   "Service" means - continuous service for salary purposes.

 

(xxv)    "Salary Rates" means - the ordinary time of pay for the member of staff's grading, excluding shift allowances, weekend penalties and all other allowances not regarded as salary.

 

(xxvi)   "Unions" means - The Australian Workers Union, New South Wales Branch, Australian Manufacturing Workers Union, New South Wales Branch, the Electrical Trades Union of Australia, New South Wales Branch, Communications, Electrical & Plumbing Union, Plumbing Division (NSW Branch); and the Construction, Forestry, Mining and Energy Union, New South Wales Branch.

 

3.  Salaries

 

(i)         Subject to the provisions of the Public Sector Employment and Management Act 2002 and the Regulations there under, the rates of salary as set out in Table 1 - Salaries, of Part B, Monetary Rates, shall be paid to members of staff appointed to the positions specified.

 

(ii)        Existing allowances payable for passing prescribed annual technical college examinations shall continue to be paid to apprentices in accordance with the Crown Employees (Skilled Trades) Award and Dairying Industry Employees  (State) Award.

 

(iii)       The salary rates and allowances in Part B, Monetary Rates, of this Award, are set in accordance with the Crown Employees (Public Sector - Salaries 2004) Award and any variation or replacement award.

 

4.  Saving of Rights

 

(i)         No member of staff employed in the Department under another award, agreement, or determination on 27 March 1997, or thereafter, who is re-classified under this award shall receive a salary which is less than the salary received under the member of staff's former award, agreement or determination.

 

5.  Minimum Qualification Requirements & Commencing Rates

 

(i)         The commencing rate of pay for a member of staff who is appointed to a position of Farm Assistant shall be the rate of pay prescribed for Grade 1, Step 1.

 

(ii)        The commencing rate of pay for a member of staff who is appointed to a position of Operator (Prickly Pear) shall be the rate of pay prescribed for Grade 1, Step 1.

 

(iii)       The commencing rate of pay for a member of staff who is appointed to a position of Garden Labourer shall be the rate of pay prescribed for Grade 1, Step 1.

 

(iv)       The commencing rate of pay for a member of staff who is appointed to a position of Handyperson shall be the rate of pay prescribed for Grade 1, Step 3.

 

(v)        The commencing rate of pay for a member of staff who is appointed to a position of Garden Labourer 1st Class shall be the rate of pay prescribed for Grade 1, Step 3.

 

(vi)       Except as provided by Clause 19 (iii) of this Award the commencing rate of pay for a member of staff who is appointed to a position of Leading Hand shall be the rate of pay prescribed for Grade 2, Step 1.

 

(vii)      The commencing rate of pay for a member of staff who is appointed to a position of Gardener-Experienced shall be the rate of pay prescribed for Grade 2, Step 1.

 

(viii)     The commencing rate of pay for a member of staff who is appointed to a position of Maintenance Operator and who possesses a trade qualification, other than plumbing or electrical, shall be the rate of pay prescribed for Grade 2, Step 2.

 

(ix)       The commencing rate of pay for a member of staff who is appointed to a position of Supervisor (Prickly Pear) shall be the rate of pay prescribed for the second year of service for Grade 2, Step 2.

 

(x)        The commencing rate of pay for a member of staff who is appointed to a position of Maintenance Operator and who possesses a plumbing trade qualification, shall be the rate of pay prescribed for Grade 2, Step 3.

 

(xi)       The commencing rate of pay for a member who is appointed to a position of Gardener-tradesperson shall be the rate of pay prescribed for Grade 2, Step 3.

 

(xii)      The commencing rate of pay for a member of staff who is appointed to a position of Maintenance Operator and who possesses an electrical trade qualification shall be the rate of pay prescribed for Grade 3, Step 1.

 

(xiii)     The commencing rate of pay for a member of staff who is appointed to a position of Fitter Operator shall be the rate of pay prescribed for Grade 3, Step 3 (however, this rate must not fall below the prescribed rate under the Crown Employee (General Staff Salaries) Award 2003).

 

(xiv)     The commencing rate of pay for a member of staff who is appointed to a position of Farm Supervisor of a B Grade Research Station shall be the rate of pay prescribed for Grade 4, Step 1.

 

(xv)      The commencing rate of pay for a member of staff who is appointed to a position of Farm Supervisor of an A Grade Research Station shall be the rate of pay prescribed for Grade 5, Step 1.

 

(xvi)     The commencing rate of pay for a member of staff who is appointed to a position of Gardener Supervisor shall be the rate of pay prescribed for Grade 5, Step 2.

 

(xvii)    The commencing rate of pay for a member of staff who is appointed to a position of Gardener Supervisor Special Grade shall be the rate of pay prescribed for Grade 5, Step 3.

 

(xviii)   The commencing rate of pay for a member of staff who is appointed to a position of Maintenance Supervisor shall be the rate of pay prescribed for Grade 6, Step 1.

 

6.  Promotional Criteria

 

(i)         Promotion between grades shall be by appointment subject to the occurrence of a vacancy and by a competitive selection process.

 

(ii)        Movement within the incremental range of a grade shall be subject to the acquisition of relevant National Competency Points at the required Australian Qualification Framework (AQF) Level necessary to justify progression to that higher salary level. The specific progression requirements are set out in the NSW Agriculture Operational Staff Workplace Assessment and Progression Handbook.

 

7.  Allowances

 

(i)         A member of staff employed upon any chokage and who is required to open up any soil pipe, waste pipe, drain pipe or pump conveying offensive material or a scupper containing sewerage or if the member of staff is required to work in a septic tank in operation, shall be paid an additional amount per day or part of a day as set out in Item 1 of Table 2 - Allowances, of Part B, Monetary Rates.

 

(ii)        A Maintenance Supervisor or a Maintenance Operator who, as a condition of their employment, is required to possess and use a trade licence shall, in additional to the rate of pay prescribed in Clause 3, Salaries, be paid any of the allowances as set out in Item 2 of Table 2 as is deemed appropriate.

 

(iii)       A Maintenance Supervisor, Maintenance Operator or an Apprentice who, as a condition of their employment, is required to provide their normal tools of trade shall, in addition to the rate of pay prescribed in Clause 3, Salaries, be paid the allowance as set out in Item 3 of Table 2 as is deemed appropriate.

 

Part-time and casual employees shall be paid the hourly equivalent of the abovementioned rates respectively, calculated as follows:

 

Appropriate annual allowance	x	1
52.17857143		38

 

(iv)       Any Operational Staff member Grade 2 or above who retains the Leading Hand Allowance as a result of operation of the transitional arrangements prescribed by Clause 19(i) of this Award shall, in addition to the appropriate rate of pay prescribed in Clause 3, Salaries, be paid an allowance as set out in Item 4 of Table 2 - Allowances, of Part B, Monetary Rates.  That allowance is to be superable and is to be regarded as salary for all purposes.

 

(v)        Staff who are required to work a broken shift shall be paid an amount per day extra as set out in Item 5 of Table 2 - Allowances, of Part B, Monetary Rates.

 

(vi)       An Operational Staff member shall be paid the appropriate working dog allowance as set out in Item 6 of Table 2 - Allowances, of Part B Monetary Rates where the relevant Research Station Manager certifies that the use of staff member’s working dog(s) is/are necessary for the efficient conduct of the station’s operations.

 

(vii)

 

(a)        A Staff member appointed as a First Aid Officer shall be paid a first aid allowance at the rate appropriate to the qualifications held by such Staff member as specified in Item 7 of Table 2 - Allowances, of Part B Monetary Rates.

 

(b)        The First Aid Allowance shall not be paid during extended leave or any other continuous period of leave which exceeds four weeks.

 

(c)        When the First Aid Officer is absent on leave for one week or more and another qualified Staff member is selected to relieve in the First Aid Officer’s position, such Staff member shall be paid a pro rata first aid allowance for assuming the duties of a First Aid Officer.

 

(viii)     An employee required to work more than one and one half hours after the ordinary ceasing time shall be provided with a meal or be paid the appropriate Overtime Meal Allowance as set out Item 8 of Table 2 - Allowances, of Part B Monetary Rates for such a meal and after the completion of each four hours of continuous overtime thereafter shall be paid the appropriate rate as set out in Item 8 of Table 2 - Allowances, of Part B Monetary Rates for each subsequent meal in addition to his overtime payment.

 

(ix)       A Maintenance Operator required to hold and act upon a First Class Refrigeration Certification issued by the Department of Industrial Relations shall be paid the rate as set out in Item 9 of Table 2 - Allowances, of Part B Monetary Rates.

 

8.  Review of Allowances Payable in Terms of This Award

 

(i)         Adjustment of Allowances - Allowances contained in this award shall be reviewed as follows:

 

(a)        Allowances payable in terms of Clauses listed in this paragraph shall be reviewed in accordance with variations to the Crown Employees (Public Sector - Salaries 2004) Award  or any replacement award;

 

Clause 7 (i), Chokage Allowances;

 

Clause 7 (ii), Licence and Registration Allowances;

 

Clause 7 (iv), Leading Hand Allowance;

 

Clause 7 (v), Broken Shift Allowances;

 

Clause 7 (vii), First Aid Allowances;

 

Clause 7 (ix), Refrigeration Allowance.

 

(b)        Allowances payable in terms of Clauses listed in this paragraph shall be reviewed in accordance with variations to the Crown Employees (Skilled Trades) Award, or any replacement award

 

Clause 7 (iii), Tool Allowances.

 

(c)        Overtime Meal Allowances payable in terms of Clause 7 (viii) shall be reviewed in accordance with variations to Meal Allowances prescribed by the Crown Employees (Skilled Trades) Award.

 

(ii)        Dog Allowances payable in terms of Clause 7 (vi) shall be adjusted on 1 January each year in line with the increases in the Consumer Price Index for Sydney during the preceding calendar year.

 

9.  Hours of Work - Day Work

 

(i)         The ordinary working hours shall be thirty-eight per week and shall be worked in accordance with the following provisions for a four-week work cycle:

 

(a)        Except in the case of staff engaged in attending livestock, the ordinary working hours shall be worked as a twenty-day four-week cycle Monday to Friday, inclusive, with nineteen working days of eight hours each between the hours of 6:00 am and 6:00 pm, with 0.4 of one hour on each day worked accruing as an entitlement to take one rostered day off in each work cycle as a day off paid for as though worked.

 

(b)        The ordinary working hours of staff engaged in attending livestock shall be worked as a twenty day, four week cycle of five days per week during the period Monday to Saturday inclusive within nineteen working days of eight hours each between the hours of 6:00 am and 6:00 pm, with 0.4 of one hour on each day worked accruing as an entitlement to take one rostered day off in each work cycle as a day off paid for as though worked.

 

(c)        The rostered day off shall be a Monday or a Friday within the working cycle provided that by agreement of the Department and the member of staff, the rostered day off may be taken on any other day within the work cycle or accrued as an entitlement for a day off to be taken in a subsequent work cycle.

 

Provided further that no member of staff shall be entitled to accrue more than six rostered days off under the terms of this subsection. All rostered days off shall be taken by the member of staff as leisure days off, and except as provided for in this subsection, no work shall be performed by a member of staff on their rostered off day or days.

 

(d)        A roster of days off (provided for under this subsection) for each member of staff shall be notified to staff prior to the commencement of each working cycle. Unless otherwise decided by mutual agreement staff shall be provided with seven (7) working days notice of a change in roster, provided that, in the case of an emergency situation, forty-eight (48) hours notice of a change in roster may be given by the Department.

 

(e)        Where such rostered day off prescribed by this subclause falls on a public holiday as prescribed in the Crown Employees (Public Service Conditions of Employment) Award 2002,  the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four-week cycle (or the next four-week cycle) is agreed in writing between the Department and the member of staff.

 

(f)         Each day of paid leave taken and any public holidays occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

 

(g)        A member of staff who has not worked a complete four-week cycle, shall receive pro-rata accrued entitlements for each day worked (or each fraction of a day worked) or regarded as having been worked in such cycle, payable for the rostered day off or, in the case of termination of employment, on termination.

 

(h)        Staff shall commence and cease work at their headquarters or other usual or constant location or as otherwise reasonably directed by the Department.

 

(i)         Staff shall be entitled to a meal break each day of not less than half an hour in duration provided that the said meal break shall be taken between 11:30 am and 1:30 pm at a time convenient to the Department.

 

(j)         A tea break during the morning period of not more than twenty minutes duration shall be allowed to each individual member of staff, at a time to be arranged by the Department without deduction from their salaries.  The Department may grant a tea break of not more than ten minutes duration during both the morning and afternoon periods of the working day in lieu of 20 minute morning tea break.

 

10.  Hours of Work - Shift Work

 

(i)         The ordinary working hours for shift work shall be thirty-eight per week and shall be worked in accordance with the following provisions for a four-week work cycle:

 

(a)        The ordinary working hours for shift work shall be worked as twenty-day four-week cycle of five days per week during the period Monday to Sunday inclusive (except broken shifts) with nineteen working days of eight hours each, with 0.4 of one hour on each shift accruing as an entitlement to take one rostered shift off in each work cycle as a shift off paid for as though worked.

 

(b)        The rostered shift off shall be Monday or a Friday within the working cycle provided that by agreement of the Department and the member of staff the rostered shift off may be taken on any other day within the work cycle or accrued as an entitlement for a shift off to be taken in a subsequent work cycle. Provided further, that no member of staff shall be entitled to accrue more than six shifts off under the terms of this subsection. All rostered shifts off shall be taken by the member of staff as a leisure day off, and except as provided for in this subsection no work shall be performed by a member of staff on their rostered off shift or shifts.

 

(c)        A roster of shifts off (provided for under this subsection) for each member of staff shall be notified to employees prior to the commencement of each working cycle. Unless otherwise decided by mutual agreement staff shall be provided with seven (7) working shifts notice of change in roster provided that in the case of an emergency situation, forty-eight (48) hours notice of change in roster may be given by the Department.

 

(d)        Where such rostered shift off prescribed by this subclause falls on a public holiday as defined in the Crown Employees  (Public Service Conditions of Employment) Award 2002, the next working day shall be taken in lieu of the rostered shift off unless an alternative day in that four-week cycle (or the next four-week cycle) is agreed in writing between the employer and the member of staff.

 

(e)        Each shift of paid leave taken and any public holidays occurring during any cycle of four weeks shall be regarded as a shift worked for accrual purposes.

 

(f)         A member of staff who has not worked a complete four-week cycle shall receive pro-rata accrued entitlements for each shift worked (or each fraction of a shift worked) or regarded as having been worked in such cycle, payable for the rostered shift off or, in the case of termination of employment, on termination.

 

(g)        Shift workers shall be allowed a meal break of at least twenty minutes which shall be counted as time worked at a time convenient to the Department.

 

(ii)        Shift Allowances

 

Shift workers shall be paid the following shift allowances:

 

 

Provided that shift allowances shall not be paid in respect of work done at weekends or on public holidays.

 

(iii)       Penalty Rates

 

Shift workers shall be paid the following rates in respect of work done at weekends or on public holidays.

 

(a)        Weekends

 

The rate payable to shift workers for work done between midnight Friday and midnight Saturday shall be ordinary time and a half. The rate payable to shift workers for work done between midnight Saturday and midnight Sunday shall be ordinary time and three quarters.

 

(b)        Public Holidays

 

The rate payable to shift workers for work done on a public holiday shall be double time and a half.

 

(iv)       Staff, other than Operational Staff involved in Dairy Operations, shall not be required to work shift work without the prior agreement of the Association or the appropriate Union.

 

11.  Overtime

 

(i)         For the purposes of this award, the Department Head or a person authorised by the appropriate Department Head, may require a public servant to perform duty beyond the hours determined under Clause 9 Hours of Work - Day Work and Clause 10 Hours of Work - Shift Work of this award, but only if it is not unreasonable for the public servant to be required to do so.  A staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working unreasonable hours.  In determining what is unreasonable, the following factors shall be taken into account:

 

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

 

(b)        any risk to staff member 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 by the Department Head regarding the working of the overtime, and by the staff member of their intentions to refuse overtime; or

 

(e)        any other relevant matter.

 

(ii)        Except as hereinafter provided, overtime at the rate of time and one half for the first two hours and double time thereafter shall be paid for all time worked:

 

(a)        in excess of the daily number of rostered hours in one day; or

 

(b)        outside the limits of Clauses 9 and 10, Hours of Work.

 

(iii)       Except as provided for in Clause 10, all work performed on Sundays and Public Holidays shall be paid for at the rate of double time and double time and a half respectively. A member of staff required to work on a Sunday or Public Holiday shall receive a minimum payment of 4 hours pay at the rate of double time or double time and a half respectively.

 

(iv)       In calculating overtime rates, the allowances referred to in Clause 10 of the award shall be disregarded.

 

(v)        A member of staff recalled to work overtime after 6:00 pm on any day other than a Sunday or Public Holiday shall receive a minimum payment of 4 hours pay at the appropriate overtime rate. On each recall the member of staff may be required to work 4 hours.

 

(vi)       A member of staff who works so much overtime-

 

(a)        between the termination of their ordinary work day or shift, and the commencement of their ordinary work in the next day or shift, that the member of staff has not had at least ten consecutive hours off duty between these times;

 

(b)        or on Saturdays, Sundays and Holidays, not being ordinary working days or on a rostered day off, without having had ten consecutive hours off duty in the twenty-four hours preceding their ordinary commencing time on their next ordinary day or shift, shall, subject to this subclause, be released after completion of such overtime until the member of staff has had ten hours off duty without loss of pay for ordinary working time occurring during such absence.

 

Provided that, if on the instructions of the Department, such a member of staff resumes, or continues to work, without having had such ten consecutive hours off duty the member of staff shall be paid at double rates until released from duty for the ten hour period and shall then be entitled to be absent until the member of staff has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(c)        The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked-

 

(1)        For the purpose of changing shift rosters, or

 

(2)        Where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker, or

 

(3)        Where a shift is worked by arrangement between the staff themselves.

 

(vii)      A member of staff who is required to work overtime for two hours or more after the normal ceasing time shall be allowed, at the expiration of the said two hours, 30 minutes for a meal or crib and thereafter a similar time allowance after every four hours of overtime worked. Time for meals or crib through overtime periods shall be allowed without loss of pay, provided that overtime work continues after such break.

 

(viii)     Where overtime is worked on a Saturday, if work continues after 12 noon, a break for a meal of 30 minutes shall be allowed between 12 noon and 1pm which meal break shall be taken without loss of pay.

 

(ix)       Saturday Work - Day Workers All ordinary time worked on Saturdays in accordance with Clause 10 (ii) of this Award shall be paid for at the rate of time and a half.

 

(x)        Leave in Lieu of Payment A member of staff approved to work overtime may, within two working days following such work, elect to take leave in lieu of payment for all or part of the entitlement in respect of the time so worked. Such leave in lieu shall accrue at the rates specified for overtime in this Award i.e., such leave in lieu shall accrue at the equivalent computed overtime rate.

 

Provided that:

 

(a)        Where the member of staff elects to receive leave in lieu of payment such leave in lieu shall be taken at the convenience of the Department.

 

(b)        Such leave in lieu shall be taken in multiples of quarter day only.

 

(c)        Subject to the convenience of the Department, leave in lieu shall be taken within three months of the date accrual, except in the case of leave in lieu in respect of work performed on a public holiday, in which case an officer may elect to have such leave in lieu added to annual leave credits.

 

(d)        A member of staff shall be entitled to payment for the balance of any overtime entitlement not taken as leave in lieu.

 

(xi)       Wherever practicable, overtime at each Station/Centre/Institute will be equitably shared between members of staff on the classification required to work such overtime.

 

12.  Public Service Holiday

 

(i)         The Public Service holiday as prescribed by Clause 14 part 3 of the Public Sector Employment and Management (General) Regulation of 1996, shall be a Public Service Holiday/Union Picnic Day for staff covered by this Award and shall be in lieu of any other Picnic Day.

 

(ii)        All staff shall, as far as practicable, be given and shall take this day as the Public Service Holiday/Union Picnic Day and shall be paid therefore as for eight hours' work at the rate prescribed in Clause 3, Salaries, of this Award.  Any staff required to work on such day shall be paid at the rate of double time and a half for not less than four hours' work. Provided that a member of staff who is required to work on the Public Service Holiday/Union Picnic Day and who fails to comply with such requirement shall not be entitled to payment for the day.

 

13.  Job Evaluation

 

(i)         Positions classified as Operational Staff shall be graded in accordance with the accredited Job Evaluation methodology agreed by the Department, PEO and Associations/Unions, or any other methodology agreed between the parties during the operation of this Award to grade Operational Staff positions.

 

(ii)        The grading of Operational Staff positions shall be carried out in consultation between the Department and Associations/Unions using the Department's Joint Consultative Committee.  This Committee shall be the forum for negotiation and consultation on the operation of the Department's Job Evaluation methodology during the operation of this Award.

 

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

 

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

 

(b)        where a position falls vacant, the Department can determine whether it is necessary to evaluate and grade the position prior to advertising the vacancy.

 

(c)        at the request of any party to this Award provided that the position occupied by the member of staff has not been evaluated and graded for a minimum of twelve (12) months.

 

Where a member of staff's position is evaluated as falling within a lower or higher grading than that to which the member of staff is presently appointed, then the Department:

 

(a)        will examine the feasibility of initiating work redesign changes to the position in order to seek to justify the position's salary range at its existing grading level, or;

 

(b)        adhere to existing statutory and related Public Service policies on filling regraded positions if initiating action under subclause (a) is determined to be inconsistent with maintaining Department efficiency, or otherwise impracticable.

 

14.  Appeals Mechanism

 

(i)         A member of staff of the Department shall have the right to appeal any decision made by the Department in relation to their performance assessment review.

 

(ii)        Officers shall submit a written submission outlining their case to the Director, Human Resources  within 28 days of the decision being appealed.

 

(iii)       The Director, Human Resources shall constitute an appeals committee made up of one Management representative (who shall not be the appellant's immediate supervisor), one relevant Association/Union representative and one peer that is acceptable to both Management and the Association/Union.

 

(iv)       The appeal shall be heard within 28 days of it being lodged and the recommendation of the committee shall be forwarded to the Director-General or nominee for decision.

 

(v)        The decision of the Director-General or nominee shall be forwarded to the member of staff concerned within 7 working days of the appeal being heard.

 

15.  Dispute Handling Procedures

 

(i)         All grievances, disputes, or difficulties 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 Department, if required.

 

(a)        A member of staff is required to notify (in writing or otherwise) their immediate supervisor or manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible state the remedy sought.

 

(b)        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 Department Head or delegate.

 

(c)        The immediate supervisor/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.

 

(d)        If the matter remains unresolved with the immediate supervisor or manager, the member of staff may request to meet with the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two (2) days, or as soon as practicable. This sequence of reference to successive levels of management may be pursued by the member of staff until the matter is referred to the Director-General.

 

(e)        In the event that the matter remains unresolved, the Director-General or his nominee shall provide a written response to the member of staff and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reasons for not taking action, in relation to the matter.

 

(f)         A member of staff may request to be represented by an Association/Union representative.

 

(g)        The member of staff or Association/Union on their behalf, or the Director-General may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

(h)        The member of staff, Association/Union, Department and PEO shall agree to be bound by any lawful recommendation, order or determination by the New South Wales Industrial Relations Commission in relation to the grievance, dispute or difficulty.

 

(i)         Whilst the procedures are being followed, normal work undertaken prior to notification of the grievance or dispute shall continue unless otherwise agreed between the parties, or, in the case of a dispute involving Occupational Health and Safety, if practicable, normal work shall proceed in such a manner to avoid any risk to the health and safety of any officer, or member of the public.

 

16.  Deduction of Union Membership Fees

 

(i)         The union/association shall provide the employer with a schedule setting out fortnightly membership fees payable by members of the union/association in accordance with the union's/association’s rules.

 

(ii)        The union/association shall advise the employer of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of union/association fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

(iii)       Subject to (i) and (ii) above, the employer shall deduct union/association fortnightly membership fees from the pay of any employee who is a member of the union/association in accordance with the union's/association’s rules, provided that the employee has authorised the employer to make such deductions.

 

(iv)       Monies so deducted from employee's pay shall be forwarded regularly to the union/association together with all necessary information to enable the union/association to reconcile and credit subscriptions to employees union/association membership accounts.

 

(v)        Unless other arrangements are agreed to by the employer and the union/association, all union/association membership fees shall be deducted on a fortnightly basis.

 

(vi)       Where an employee has already authorised the deduction of union/association membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

17.  Anti-Discrimination

 

(i)         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.

 

(ii)        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.

 

(iii)       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.

 

(iv)       Nothing in this Clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(v)        This Clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this Clause.

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

18.  Public Holidays

 

Operational Staff shall be entitled to the following public holidays without loss of salary:

 

New Years Day

 

Australia Day

 

Good Friday

 

Easter Monday

 

Anzac Day

 

Queen’s Birthday

 

Labour Day

 

Christmas Day

 

Boxing Day

 

And Public Service Holiday (i.e. day between Boxing Day and New Years Day to be determined by the Department Head).

 

and any other proclaimed or gazetted holiday for the State of New South Wales.

 

19. Transitional Arrangements

 

(i)         Any Operational Staff member Grade 2 or above who receives the Leading Hand Allowance as at the date of the first advertisement of the substantive positions of Leading Hand established by this Award will not be financially disadvantaged in the following circumstances:

 

(a)        where successful in their application for a position of Leading Hand;

 

(b)        where unsuccessful in the application for a position of Leading Hand; or

 

(c)        where no application is made for a position of Leading Hand.

 

Such staff shall retain their existing allowance until they retire, resign or are promoted.  The Leading Hand allowance payable to such staff will continue to be adjusted as prescribed by Clause 8, Review of Allowances. Such staff who do not occupy a substantive position of Leading Hand, but who retain the Leading Hand Allowance can be called upon to perform Leading Hand duties as the need arises whilst in receipt of this allowance.  In all other situations payment of the Leading Hand Allowance will cease with the substantive appointment of Leading Hands at the respective locations.

 

(ii)        Trade based Operational Staff who are appointed to substantive Leading Hand positions can be required to perform duties associated with the trade(s) they possess in addition to their Leading Hand duties.

 

(iii)       Any Operational Staff member Grade 1 who received a Leading Hand Allowance immediately prior to being appointed to a substantive position of Leading Hand would commence on Grade 2, Step 2 to avoid any salary reduction arising from the cessation of the Leading Hand Allowance and progress thereafter subject to the agreed competency based progression criteria.

 

20.  Area, Incidence and Duration

 

This award shall apply to each member of staff described as Operational Staff members in Clause 2, Definitions of this Award.

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Operational Staff - NSW Agriculture) Award published 15 November 2002 (337 I.G. 1) as varied.

 

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 Commissioner of New South Wales on 28 April 1999 (310IG 369) take effect on and from 4 May 2005.

 

The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

 

Table 2 - Allowances

 

 

* Where dog is fed meat supplied by the Department

 

 

 

R. W. HARRISON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.