CROWN
EMPLOYEES (RESEARCH SCIENTISTS 2001) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 3763 of
1999)
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Before the Honourable Mr Deputy President Harrison
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29 May and 6 June
1999
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REVIEWED AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Adjustment of Salaries
5. Increments and Progression
6. Calculation of Service
7. Anti-Discrimination
8. Grievance and Dispute Settling Procedures
9. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
1. Title
This award shall be known as the Crown Employees (Research
Scientists 2001) Award.
2. Definitions
"Employee" means all persons permanently or
temporarily employed under the provisions of the Public Sector Management Act 1988, who are appointed to the
classification of Research Scientist, Senior Research Scientist or Principal
Research Scientist under this award.
"Service" means continuous service. Future appointees will be deemed to have the
years of service indicated by the salaries at which they are appointed.
"Department" means a department of the Public
Service specified in Column 1 of Schedule 1 of the Public Sector Management Act 1988.
"Department Head" means a Department Head
specified in Column 2 of Schedule 1 of the Public
Sector Management Act 1988.
"Director General, Premier’s Department" means the
Director General, Premier’s Department or nominee exercising the office of
Commissioner for Public Employment under the Public Sector Management Act 1988.
"Research Scientist Classification Committee"
means the Committee convened by the Director General, Premier’s Department, to
make recommendations regarding the entry to, continuation, progression and
regression in, and cessation from the classification of Research Scientist,
Senior Research Scientist or Principal Research Scientist.
"Public Employment Office" means the employer for
industrial purposes under the Public
Sector Management Act 1988.
"Association" means the Public Service Association
and Professional Officers' Association Amalgamated Union of New South Wales
3. Salaries
(a) The salary
rates for the classifications of Research Scientist, Senior Research Scientist
and Principal Research Scientist are set out in Table 1 of Part B, Monetary
Rates, of this award.
(b) Appointment to
the classifications under this award is determined by the Director General,
Premier’s Department.
(c) An employee
temporarily employed under the provisions of the Public Sector Management Act 1988 is paid the weekly equivalent of
the annual salary prescribed in Table 1 - Salaries.
4. Adjustment of
Salaries
The salaries of employees covered by this award are adjusted
to the appropriate rate prescribed by this award on the basis of years of
service. Employees are deemed to have
the years of service indicated by the salary received under the scale in force
immediately prior to the operative date of this award.
5. Increments and
Progression
(a) In accordance
with clause 16, Increments of Part 3, Conditions of Service of the Public
Sector Management (General) Regulation 1996, the payment of an increment is
subject to the satisfactory conduct of, and the satisfactory performance of
duties by, the employee as determined by the appropriate Department Head.
(b) Progression
beyond an efficiency barrier and to Senior Research Scientist and to Principal
Research Scientist is determined by the Director General, Premier’s Department.
6. Calculation of
Service
In calculating years of service for the purpose of this
award the following periods are not taken into account:
(a) Any period in
respect of which an increment is refused in accordance with clause 16,
Increments, of Part 3, Conditions of Service of the Public Sector Management
(General) Regulation 1996;
(b) Any leave of
absence without pay exceeding five days in any incremental year;
(c) Any period
necessary to give full effect to a reduction in salary imposed under sections
75 and 76 of Part 5, Discipline and conduct of officers of the Public Service,
of the Public Sector Management Act 1988
7.
Anti-Discrimination
(1) 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
and age.
(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.
(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.
(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 Anti‑Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(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 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."
8. Grievance and
Dispute Settling Procedures
(a) All grievances
and disputes relating to the provisions of this award are to be dealt with
initially 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.
(b) An employee 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.
(c) The immediate
manager must convene a meeting in order to resolve the grievance, dispute or
difficulty within two working days, or as soon as practicable, of the matter
being brought to attention.
(d) If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager must respond
within two working days, or as soon as practicable. The employee may pursue the
sequence of reference to successive levels of management until the matter is
referred to the Department Head.
(e) The Department
Head may refer the matter to the Public Employment Office for consideration.
(f) If the matter
remains unresolved, the Department Head must provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
(g) An employee,
at any stage, may request to be represented by their union.
(h) The employee
or the union on their behalf or the Department Head may refer the matter to the
Industrial Relations Commission of New South Wales if the matter is unresolved
following the use of these procedures.
(i) The employee,
union, department and Public Employment Office agree to be bound by any order
or determination by the Industrial Relations Commission of New South Wales in
relation to the dispute.
(j) Whilst the
procedures outlined above are being followed, normal work undertaken prior to
notification of the dispute or difficulty continues unless otherwise agreed
between the parties. In a case
involving occupational health and safety, if practicable, normal work proceeds
in a manner which avoids any risk to the health and safety of any employee or
member of the public.
9. Area, Incidence
and Duration
This award applies to employees defined in clause 3,
Definitions.
Employees are entitled to the conditions of employment
provided by this award and by the Public
Sector Management Act 1988, the Public Sector Management (General)
Regulation 1996. The provisions of the
Crown Employees (Public Service Conditions of Employment) Award 1997 and Crown
Employees (Public Sector - Salaries January, 2000) Award or any replacement
award, also apply to employees covered by this award, except where specifically
varied by this award.
The salary rates in Table 1 - Salaries, of Part B, Monetary
Rates, are set in accordance with the Crown Employees (Public Sector - Salaries
January, 2000) Award and any variation or replacement award.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
rescinds and replaces the Crown Employees (Research Scientists) Award published
17 October 1984 (235 IG 325) and all variations thereof.
The changes made to the award pursuant to the Award Review
pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 18 December
1998 (308 I.G. 307) take effect on and from 29 May 2001.
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
The salary rates took effect from the first pay period to
commence on or after 1 January 2001.
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Salaries
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Per year
$
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Research Scientist
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1st year of service
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51,717
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2nd year of service
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54,375
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3rd year of service
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57,234
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4th year of service
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59,604
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|
|
|
|
|
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Efficiency Barrier
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5th year of service
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62,504
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6th year of service
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65,039
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7th year of service
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67,610
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Senior Research Scientist
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1st year of service
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68,931
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2nd year of service
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70,996
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3rd year of service
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73,182
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Efficiency Barrier
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4th year of service
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75,444
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5th year of service
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77,912
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Principal Research Scientist
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1st year of service
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80,499
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2nd year of service
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82,340
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3rd year of service
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84,431
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R. W. HARRISON, D.P.
____________________
Printed by the authority of the Industrial Registrar.