Crown
Employees (Audit Office) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1700 of 2007)
Before Commissioner
Ritchie
|
21 April 2008
|
REVIEWED
AWARD
PART A
ARRANGEMENT
Clause No. Subject Matter
1. Title
2. Definitions
3. Statement
of Intent
4. Parties
5. Remuneration
6. Transition
Arrangements as at 1 January 2005
7. Annual
Remuneration Assessment - Audit Professionals Levels B And C, Corporate
Professionals A, B And C
8. Performance
Management
9. Flexible
Work Practices
10. Overtime
11. Travel Time
and Expenses
12. Study
Support
13. Anti-Discrimination
14. Industrial
Dispute Settlement Procedure
15. Deduction
of Association Membership Fees
16. Secure
Employment
17. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Remuneration Bands
Table 2 - Audit Professional Level A Pay Points
Annexure 1 - Progression in Auditor 1 - 4 Financial Audit
Annexure 2 - Appointment of Staff to Positions in the New
Structure on Transition
Annexure 3 - Remuneration Bands with Competency Zones
Annexure 4 - Other Flexible Work Practices
1. Title
This Award shall be known as Crown Employees (Audit Office)
Award 2008.
2. Definitions
"Act" means the Public Sector Employment and
Management Act 2002.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Auditor-General" refers to the person appointed
to the position of Auditor-General as specified by the Public Finance and
Audit Act 1983.
"Audit Office" means The Audit Office of New South
Wales, a statutory authority established under the Public Finance and Audit
Act 1983.
"Benchmarking" means the regular independent
process of reviewing remuneration levels for each classification against market
information from similar levels in the relevant market.
"Board" means the Office Executive of the Audit
Office.
"Business Unit Leader" means an employee whose
role is to lead a Business Unit of the Audit Office as determined by the
Auditor-General.
"Classification" means a group of positions with
common remuneration arrangements.
"Commission" means the New South Wales Industrial
Relations Commission.
"Competency Zones" means the structure that will
apply within each remuneration band for Audit Professional employees and
Corporate Professional employees.
"Conditions Award" means the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006 as varied or
replaced.
"Corporate Professional" means employees who are
employed at Corporate Professional Levels A, B or C.
"Director of Public Employment" has the same
meaning as in the Public Sector Employment and Management Act 2002.
"Employee" means a person permanently or
temporarily employed either as a full time or part time employee, in any
capacity under the provisions of this Award, and includes a person on
probation.
"Market Review" means the review of remuneration
bands against market information based on information and analysis provided by
an independent expert.
"Pay Points" means incremental remuneration levels
within the Audit Professional Level A remuneration band.
"Percentile" means a point within a remuneration
band expressed as a percentage of that band.
"Position Description" means the list of
responsibilities and accountabilities attributed to each position.
"Professional Qualifications" means full
membership of the Institute of Chartered Accountants in Australia or CPA
Australia.
"Remuneration Assessment" means the process for
determining remuneration levels for individual employees on a basis that fairly
reflects their performance and contribution.
"Remuneration Band" means the range of
remuneration between the minimum and maximum levels for a particular
classification.
"Remuneration Committee" means a committee
established by the Auditor-General to assess annual remuneration
recommendations.
"Role" means the title given to groups of
employees having similar responsibilities and accountabilities.
"Salaries Award" means the Crown Employees (Public
Sector - Salaries 2007) Award, as varied or replaced.
"Service" means continuous service for
remuneration purposes.
"Transition" means the processes involved in
moving from positions and classifications immediately prior to the commencement
of the Crown Employees (Audit Office) 2004 Award to those positions and
classifications described in this Award.
"Transition remuneration" means remuneration as at
1 January 2005.
3. Statement of Intent
The purpose of the Award is to provide a framework that
allows the Audit Office to meet its specific business needs as well as the
needs of its employees. It also enables
those employees to be appropriately rewarded for their contribution and
provides flexibility in their employment arrangements and conditions. The Award was developed using a co-operative
and consultative approach to negotiations by the parties.
4. Parties
The parties to this Award are:
The Audit Office of New South Wales
Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales on behalf of the employees of
The Audit Office of New South Wales.
5. Remuneration
5.1 Basis for Calculating Remuneration
(a) The basis for
calculating remuneration for employees in the Audit Office is Total Employment
Cost (TEC). Total Employment Cost is expressed as the total of base pay,
Superannuation Guarantee Contribution and annual leave loading.
For employees in defined benefit superannuation funds
the Superannuation Guarantee Contribution component will be deducted from TEC
to determine salary, and the current employer superannuation contribution
requirements will continue to be made as required.
(b) Remuneration is
inclusive of annual leave loading and previously paid skills shortage
allowances. Therefore, the separate payment of annual leave loading and skills
shortage allowances no longer applies.
5.2 Broad Remuneration Bands
This Award prescribes the Remuneration Bands for Audit
Professional staff and Corporate Professional staff in Part B, Monetary Rates.
5.3 Variations to
Remuneration Bands
(a) In the Crown Employees (Audit Office) 2004
Award:
Remuneration
bands applicable from 1 January 2005 were determined based on market
benchmarking.
From the
beginning of the first pay period to commence on or after 1 July 2005, the
remuneration bands were increased by 4% in accordance with the Salaries Award
increase.
From the
beginning of the first pay period to commence on or after 1 July 2006, the remuneration
bands were increased by 3%.
From the
beginning of the first pay period to commence on or after 1 July 2007, the
remuneration bands were determined based on a market review.
(b) Market benchmarking is used as the
basis for determining remuneration bands for each classification in Part B,
Monetary Rates.
5.4 Appointment and Progression
(a) Audit Professional Levels B and C and
Corporate Professional Levels A and B may be appointed at any point within the
remuneration pay bands depending on experience, skills and remuneration
necessary to attract them to the position.
(b) This Award prescribes the appointment and
progression criteria for Auditor at Annexure 2.
(c) School Leavers and Graduates will
normally be appointed to Auditor as set out at Annexure 2. However the
Auditor-General may appoint Auditors at any pay point dependent on their
qualifications, skills and experience.
(d) The Auditor-General may determine the
commencing remuneration for new Graduates within the band spanning Auditor 2
pay point 1 to Auditor 2 pay point 2.
5.5 Corporate Administrative Staff
Corporate
Administrative staff (other than Corporate Professional staff identified in
Annexure 2 will be classified and graded for remuneration purposes in
accordance with the Crown Employees (Administrative and Clerical Officers -
Salaries) Award 2007 and the Clerical Officers Public Service Board Agreement
No. 2515 of 1988 and Determination No. 877 of 1989.
6. Transition
Arrangements as at 1 January 2005
6.1 General
This section describes the transition arrangements for
employees as at 1 January 2005 to positions set out in Annexure 2.
6.2 Transition Remuneration
(a) Pre-Award
remuneration will be determined for each employee as at the date of their
appointment as the total of:
Salary
Annual leave loading
Superannuation Guarantee Contributions
Skills shortage allowance
Any higher duties allowance which has been paid for 12
months or more
Any temporary appointment allowance, which has been
paid for 12 months or more.
The transition remuneration for employees appointed to
positions in the new structure will be their pre-award remuneration plus a
salary increase of 3%. The 3% increase
will also be applied to other components of remuneration except the skills
shortage allowance and any other items excluded by the Salaries Award.
If the initial salary increase resulting from any
variation or replacement of the Salaries
Award (effective 1 July 2004 or from a later date up to 30 June 2005) is
greater than 3%, the Audit Office will match any such increase from the date it
applies.
However,
for Corporate Administrative staff, should the initial increase in the Salaries Award be less than 3% the
difference will be offset against any subsequent increase in the Salaries Award.
On transition all annual leave loading accrued to the
date of transition plus salary increases back dated to their effective dates
will be paid within one calendar month of the date of appointment for each
employee.
(b) All employees
appointed to positions in the new structure will have as a minimum their
remuneration maintained at the transition remuneration levels for 12 months
from the date of their appointment. Subject to satisfactory performance,
remuneration will be maintained inclusive of any increments or advancements
under arrangements existing prior to the making of this Award, which would
normally fall due during the 12 months maintenance period.
(c) For Audit
Professional Levels B and C and Corporate Professional Levels A, B and C
(1) A remuneration assessment
will not be carried out in conjunction with the appointment process. Remuneration levels will not be related to
the Percentile and Competency Zones until after the first remuneration
assessment process has occurred.
(2) For the purpose
of determining minimum guaranteed remuneration levels within the relevant
bands, years of experience in current positions will be taken into account as
follows:
New
position
|
Relevant
Position in current structure
|
Audit Leader
|
Audit Manager, Senior Audit
Manager, Performance
|
|
Audit Manager, Senior
Performance Audit Manager
|
Senior Auditor
|
Auditor, Performance Auditor
|
Corporate Professional
positions
|
Equivalent position
|
(3) Subject to
satisfactory performance, employees whose transition remuneration is higher than
the 45th percentile of the relevant remuneration band are guaranteed a minimum
remuneration for 6 years from the date of their appointment. This will be
calculated as their transition remuneration plus a percentage increase each
July 1 until 2010. The increase will be the movement in the relevant
remuneration band less 0.5% (e.g. if the remuneration band is increased by 4%,
the guaranteed increase will be 3.5%).
(d) State Fleet
based motor vehicle packaging arrangements will continue for all employees who
currently exercise that entitlement and for current Senior Audit Managers and
Senior Performance Audit Managers who choose to be part of that arrangement
prior to 30 June 2007.
(e) Auditors -
Financial Audit
(1) On transition
all employees currently in positions up to Audit Senior will be appointed as
Auditors at their transition remuneration.
Effective 1 July 2005 they will be appointed at the appropriate Auditor
level and pay point based on a review against the progression criteria.
(2) General Scale
Audit Clerks appointed under the 2003 School Leaver Program who transition to
Auditor are guaranteed, subject to satisfactory performance, progression to
Auditor 2 pay point 1 on the second anniversary of their original appointment
(viz. 28 January 2005).
(3) Those Audit
Seniors who are appointed at their transition remuneration level above the
Auditor 4 year 3 pay point and who are not assessed as "proficient"
or "advanced" will continue to receive the same level of
remuneration, increased annually by the equivalent of the adjustment of the
remuneration band.
(f) Current
Performance Audit Seniors appointed to the position of Auditor - Performance
Audit will be appointed at their transition remuneration. Thereafter their remuneration will be
increased annually by the equivalent of the adjustment of the remuneration
band.
6.3 Progression
(a) Financial Audit
staff appointed to positions of Senior Auditor and above will be required to
obtain their professional qualifications within a maximum of 3 years of their
appointment. Required timing within
that limit will be agreed with relevant employees on a case-by-case basis. If
employees are unable to comply with this requirement they will be redeployed to
Auditor level 4. Their remuneration as Auditor 4 will not be less than the
minimum applicable to Audit Seniors whose transition remuneration is above the
Auditor 4 year 3 pay point.
(b) Project Clerks
who transition to Auditor will not be required to complete a degree to progress
to Auditor 4.
7. Annual Remuneration Assessment - Audit
Professionals Levels B and C, Corporate Professionals Levels A, B and C
7.1 General
(a) Remuneration of these employees
will be determined annually based on assessed contribution in accordance with
the competency zones and minimum guaranteed pay levels set out in Annexure 3.
(b) Determinations resulting from the
annual remuneration assessment will have the same effective date as the annual
changes to the remuneration bands i.e. effective first pay period to commence
in July each year. Remuneration
determinations will be expressed in terms of a percentile of the relevant
remuneration band and will be applied to the adjusted dollar range of the
remuneration bands.
(c) The remuneration
of all Audit Professional Levels B
and C and Corporate Professional Levels A, B and C will at least be
maintained at the same level at each annual remuneration assessment except
where:
an employee’s performance has been assessed as
"unsatisfactory" and a formal process for managing unsatisfactory
performance results in a recommendation to reduce remuneration; or
an employee is initially assessed at a percentile rate
in the Superior or Expert zone, but the next assessment does not support or
does not fully support that assessment.
In the circumstance where an employee is initially
assessed at a percentile rate in the Superior or Expert zone, the following
applies:
Superior
When an employee is first assessed as
"superior" (defined in Annexure 3), the employee’s remuneration will
be set at the minimum of the Superior zone and the balance paid as an allowance
for the first 12 months. If the
Superior assessment is confirmed at the next annual remuneration assessment
(which may be higher or lower than the first "superior" assessment),
the employee’s remuneration will be confirmed at the level of the second
assessment.
If the assessment at the second remuneration assessment
is below the superior zone, then the employee’s remuneration will be set at the
minimum of the superior zone and will be maintained at that level.
Expert
When an employee is first assessed as
"expert" (defined in Annexure 4), the employee’s remuneration will be
set at the minimum of the Expert zone and the balance paid as an allowance for
the first 12 months. If the Expert assessment
is confirmed at the next annual remuneration assessment (which may be higher or
lower than the first "expert" assessment) the employee’s remuneration
will be confirmed at the level of the second assessment.
If the assessment at the second remuneration assessment
is below the Expert zone, then the employee’s remuneration will be set at the
minimum of the Expert zone and will be maintained at that level.
Other than these two exceptions, if an employee is
assessed at a percentile lower than their then current level and that would
result in a reduction in remuneration, they will continue to be paid at the
same dollar level until such time as the remuneration for their assessed
percentile exceeds their remuneration in dollars through movement of the remuneration
bands or the annual remuneration assessment process.
(d) The process will include the following
elements:
The assessment will be conducted within business
guidelines issued by the Board.
Recommendations will be prepared by Business Unit Leaders
based on a range of inputs, which will include, but not be limited to,
performance reviews and advice from other senior staff. Other considerations
will include potential for development, specialist skills or knowledge and
contribution to Audit Office objectives.
Business Unit Leaders within a Branch will review all
recommendations for their Branch and forward them to the next level of
management for review.
A Remuneration Committee will review and consider the
recommendations on remuneration for individuals and forward these to the
Auditor-General for approval.
7.2 Review of Assessment
If an employee has any concern with the outcome of
their remuneration assessment, they should in the first instance discuss their
concerns with their Business Unit Leader. If that discussion does not resolve
their concerns, then they may wish to seek advice from Human Resources or a
higher level of management. If, following those discussions, their concerns are
not satisfied, they may initiate a formal process of review by written request
to the Head of Human Resources. The formal process will include review by a
panel including, where requested, Association representation. The panel will
make recommendations for consideration by the Auditor-General.
8. Performance Management
Performance management is the process of integrating the
management of the Audit Office with the management of its employees.
The Performance Review and Development system is integral to
and supports the annual remuneration assessment process. Full details of the Audit Office Performance
Review and Development system are set out in the Audit Office document
Performance Review and Development Process.
9. Flexible Work
Practices
All flexible work practices will be subject to approval by
an appropriate level of management, as set out in the Audit Office’s flexible
work practices policies.
9.1 Flexible Working Hours
(a) Ordinary Working
Hours - full-time ordinary working hours shall be 35 hours per week, Monday to
Friday.
(b) Settlement
period - the settlement period shall be one calendar month.
(c) Contract Hours -
the contract hours for a settlement period shall be calculated by multiplying
the employee’s working days and public holidays by 7.
(d) Flex Year - the
Flex Year is 1 January to 31 December.
(e) Bandwidth - the
bandwidth shall be between the hours of 6am and 10pm
(f) Coretime -
there is no coretime, but employees must work a minimum of 3.5 consecutive
hours (excluding meal breaks) between 9am and 5pm.
(g) Attendance - a
maximum of 10 hours per day can be worked as flex time. An employee's
attendance outside the hours of a standard day, but within the bandwidth, shall
be subject to the availability of work.
(h) Flex Leave - can
be taken in multiples of half days. Up
to 2 days flex leave can be taken per settlement period and may be taken
consecutively, but cannot be combined with flex leave from another settlement
period, except:
for employees other than Financial Audit staff, where
up to 5 consecutive days flex leave may be taken in each half of the flex year,
but cannot be combined.
for Financial Audit staff, where up to 5 consecutive
days flex leave may be taken between 1 January and 30 June, and any carry over
of up to 10 days (70 hours) at 31 October must be taken as flex leave
(consecutive or otherwise) between 1 November and 31 December.
(i) A maximum of 24
flex days can be taken per flex year. During designated busy periods, employees
may take flex leave only with the approval of their manager and the next level
of management. Designated busy periods
are:
Financial Audit - 1 July to 31 October and 1 February
to 30 April for Audits with 31 December year ends.
other areas of the Audit Office - where flex leave is
restricted by fluctuating busy periods, appropriate Business Unit Leaders will
determine these periods for their respective areas.
(j) Carry Over:
a maximum credit carry over of 70 hours to the next
Flex period applies to all employees
credit hours are to be cleared by 31 December each year
with a maximum carry over of 10 hours to the new flex year
Financial Audit staff can carry over 105 hours during
the period 1 July to 31 December. Where the carry over is more than 70 hours at
31 October, the hours above 70 and up to 105 may also be taken as flex leave by
close of business 31 December. Where
this is not practical those hours will be carried over to the new flex year
(this carry over includes the 10 hours for all employees, however will not
exceed 35 hours).
(k) The maximum
debit carry over is 10 hours at all times.
(l) Where the debit
exceeds 10 hours, the excess will be debited as leave without pay, unless the
staff member elects to be granted available recreation or extended leave to
offset the excess.
(m) Meal breaks -
there will be a minimum meal break of 30 minutes in every 5 hour period of
continuous work. There is no maximum period for a meal break. Employees should
consult with their manager in the taking of meal breaks.
(n) The employee and
their manager must develop a strategy to ensure that accumulated Flex Leave is
monitored and taken in accordance with these arrangements and not forfeited.
9.2 Other Flexible Work Practices
The options available for other flexible work practices
are detailed in Annexure 5.
10. Overtime
10.1 Employees may be
directed to work overtime, but this must be pre-approved as delegated by the
Auditor-General.
10.2 An employee may
be directed by the Audit Office to work overtime, provided it is reasonable for
the employee to be required to do so.
An employee may refuse to work overtime in circumstances where the
working of such overtime would result in the employee working unreasonable
hours. In determining what is
unreasonable, the following factors shall be taken into account:
the employee’s prior commitments outside the workplace,
particularly the employee’s family and carer responsibilities, community
obligations or study arrangements
any risk to an employee’s health and safety
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
the notice (if any) given by the Audit Office regarding
the working of the overtime, and by the employee of their intention to refuse
overtime or
any other relevant matter.
10.3 Overtime will
apply when employees are directed to work:
more than 8 hours on a working day or
before 7.30am or beyond 7pm on a working day or
on a weekend or public holiday.
10.4 All overtime will
be credited as time in lieu as follows:
(a) in the case of
employees up to and including Audit Professional Level B or Corporate
Professional staff Level A, in accordance with overtime rates as set out from
time to time in the Conditions Award
(b) for employees
above those levels, at the rate of time and one half.
10.5 Time in lieu of
overtime must be taken within 3 months of accrual as a general rule. This time limit may be extended during
designated busy periods within the Flex Time arrangements on a basis consistent
with any extended settlement period for Flex Time.
10.6 Cash payment for
overtime credited as time in lieu may be made at the discretion of the Audit
Office where circumstances warrant. This will require approval of Business Unit
Leaders or above.
10.7 Payment for
overtime credited as time in lieu will be calculated as remuneration less the
9% superannuation component. The base rate for calculating payments will be
capped at the 45th percentile of the remuneration band for the Audit
Professional Level B classification less the 9% superannuation component.
11. Travel Time and
Expenses
11.1 Excess Travel
(a) Place of Work
"Place of work" means the Greater
Metropolitan Area defined by a boundary drawn from: to the north, from Broken
Bay by the boundary created by the Hawkesbury River to Windsor; to the west,
from Windsor by the boundary created by the Nepean River to Camden; to the
east, directly across to Campbelltown, then across to the southern boundary of
the Royal National Park and Port Hacking.
(b) Place of
Employment
"Place of Employment" means 1 Margaret
Street, Sydney.
(c) Travel time
Travel time from home to "place of work" does
not form part of working hours. However, excess travel time may be included in
working hours where the time spent travelling to and from home and "place
of work" in a 5 day working week exceeds 2.5 hours more than the time it
would normally take to travel to and from home and "place of
employment". The amount exceeding
2.5 hours will be deemed to be excess travel and may be treated as working hours.
11.2 Travel Expenses
The Audit Office will reimburse employees for expenses
incurred in travel to and from "place of work" to the extent that
those expenses exceed their usual cost of travel by public transport between
home and their "place of employment".
11.3 Country Travel
Travel outside of the Greater Metropolitan Area, where
overnight accommodation is approved, shall be paid in accordance with the rates
as set out from time to time in the Conditions Award.
12. Study Support
12.1 The Audit Office
is committed to providing study support for employees undertaking tertiary
courses and professional qualifications relevant to its business.
12.2 In particular,
the Audit Office is committed to providing specific study support programs for
school leavers to complete an initial degree in accounting and those entering
at graduate level to complete professional qualifications with the Institute of
Chartered Accountants in Australia or CPA Australia.
12.3 Details of
support offered are set out in the documents, Undergraduate Study Support
Policy, Financial Audit and Postgraduate Study Support Policy.
13.
Anti-Discrimination
13.1 It is the
intention of the parties bound by this Award 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.
13.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
prescribed in 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 this Award that, by its terms or operation, has a direct
or indirect discriminatory effect.
13.3 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.
13.4 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 remuneration 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.
13.5 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.
13.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
13.7 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."
14. Industrial
Dispute Settlement Procedure
14.1 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, if required.
14.2 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.
14.3 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 employee to
advise their immediate manager the notification may occur to the next appropriate
level of management, including where required, to the Auditor-General or
delegate.
14.4 The immediate
manager 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.
14.5 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 shall respond
within two (2) working days, or as soon as practicable. This sequence of reference to successive
levels of management may be pursued by the employee until the matter is
referred to the Auditor-General.
14.6 The
Auditor-General or the Association may refer the matter to the Director of
Public Employment.
14.7 If the matter
remains unresolved, the Auditor-General shall 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.
14.8 An employee, at
any stage, may request to be represented by their Association.
14.9 The employee or
the Association on their behalf or the Auditor-General may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
14.10 The employee, the
Association and the Audit Office shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
14.11 Whilst the
procedures outlined in subclauses 14.1 to 14.10 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. In a 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 employee or member of the public.
15. Deduction of Association
Membership Fees
15.1 The Association
shall provide the employer with a schedule setting out Association fortnightly
membership fees payable by members of the Association in accordance with the
Association's rules.
15.2 The 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 Association fortnightly membership fees payable
shall be provided to the employer at least one month in advance of the variation
taking effect.
15.3 Subject to
subclauses 15.1 and 15.2 above, the employer shall deduct Association
fortnightly membership fees from the remuneration of any employee who is a
member of the Association in accordance with the Association's rules, provided
that the employee has authorised the employer to make such deductions.
15.4 Monies so
deducted from employee's remuneration shall be forwarded regularly to the
Association together with all necessary information to enable the Association
to reconcile and credit subscriptions to employees' Association membership
accounts.
15.5 Unless other
arrangements are agreed to by the employer and the Association, all Association
membership fees shall be deducted on a fortnightly basis.
15.6 Where an employee
has already authorised the deduction of Association membership fees from his or
her remuneration 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.
16. Secure Employment
16.1 Objective of this
Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
16.2 Casual Conversion
(a) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(b) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this subclause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(c) Any casual
employee who has a right to elect under paragraph 16.2(a), upon receiving
notice under paragraph 16.2(b) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse.
Where an employer refuses an election to convert, the reasons for doing
so shall be fully stated and discussed with the employee concerned, and a
genuine attempt shall be made to reach agreement. Any dispute about a refusal
of an election to convert an ongoing contract of employment shall be dealt with
as far as practicable and with expedition through the disputes settlement
procedure.
(d) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(e) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(f) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph 16.2(c), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph 16.2(c), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(g) Following an
agreement being reached pursuant to paragraph (f), the employee shall convert
to full-time or part-time employment.
If there is any dispute about the arrangements to apply to an employee
converting from casual employment to full-time or part-time employment, it
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(h) An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
16.3 Occupational Health
and Safety
(a) For the purposes
of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or unit
trust, corporation and/or person) which has as its business function, or one of
its business functions, to supply staff employed or engaged by it to another
employer for the purpose of such staff performing work or services for that
other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace
occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(c) Nothing in this
subclause 16.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
16.4 Disputes
Regarding the Application of this clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
Grievance and Dispute Settling Procedures of this award.
16.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
17. Area, Incidence
and Duration
17.1 The purpose of
this Award is to partially regulate the terms and conditions of employment of
employees appointed to positions covered by the classifications in Annexure 2.
17.2 Other terms and
conditions, except as provided for within this Award, shall be those determined
from time to time under the Conditions Award.
17.3 Where there may
be inconsistencies between this Award and the Conditions Award or Salaries
Award (as varied or replaced), the arrangements in this Award shall prevail.
17.4 This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Crown Employees (Audit Office) Award 2008
published 17 June 2005 (351 I.G. 1008), 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 Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 21 April 2008.
The award remains in force until varied or rescinded,
the period for which it was made having already expired.
PART B
MONETARY RATES
Effective from the
beginning of the first pay period to commence on or after 1 July 2007
Table 1 -
Remuneration Bands
Classifications
|
Minimum
|
Maximum
|
|
$
|
$
|
Audit Professional
|
29,097
|
74,663
|
Level A
|
|
|
Audit Professional
|
70,271
|
104,721
|
Level B
|
|
|
Audit Professional
|
98,818
|
138,806
|
Level C
|
|
|
Corporate Professional
|
70,614
|
98,979
|
Level A
|
|
|
Corporate Professional
|
84,956
|
131,597
|
Level B
|
|
|
Corporate Professional
|
125,781
|
152,967
|
Level C
|
|
|
Table 2 - Audit
Professional Level A Pay Points
|
Pay Point 1
|
Pay Point 2
|
Pay Point 3
|
Pay Point 4
|
Pay Point 5
|
|
$
|
$
|
$
|
$
|
$
|
Level 1
|
29,097
|
31,402
|
35,135
|
40,625
|
|
Level 2
|
45,017
|
48,860
|
|
|
|
Level 3
|
52,703
|
57,095
|
61,487
|
|
|
Level 4
|
63,683
|
66,977
|
70,271
|
72,466
|
74,663
|
Auditors who are full members of the ICAA or CPAA are
entitled to additional remuneration of $1,000 per annum.
Annexure 1
Progression in Auditor 1 - 4 Financial Audit
Progression Within
Level
|
Auditor
1
|
Auditor
2
|
Auditor
3
|
Auditor
4
|
School leavers
|
Graduates commence on
|
Commence on year 1
|
Commence on year 1 pay
|
commence on the
|
year 1 pay point of
|
pay point of Auditor 3.
|
point of Auditor 4.
|
minimum remuneration
|
Auditor 2.
|
|
|
of Auditor 1
|
|
After 12 months progress
|
After 12 months progress
|
|
After 12 months:
|
within Auditor 3 if
|
within Auditor 4, subject
|
After 6 months from
|
|
progression to Auditor 4
|
to assessment, which will
|
commencement school
|
Confirm or reject
|
is not achieved
|
consider:
|
leavers progress to the
|
permanent appointment
|
|
|
second pay point.
|
of Graduates.
|
After this, can progress
|
progress in the CA/CPA
|
|
|
within remuneration
|
program (school leavers
|
After 12 months from
|
Progress to year 2
|
range of Auditor 3,
|
must have commenced
|
commencement confirm
|
remuneration pay
|
subject to satisfactory
|
studies to progress within
|
or reject permanent
|
|
work performance as
|
the remuneration band)
|
appointment. If
|
point if progression to
|
|
|
confirmed progress to the
|
Auditor 3 is not
|
evidenced by job reports
|
achievement of
|
third pay point.
|
achieved.
|
and appraisals and study.
|
competencies
|
|
|
|
|
After 18 months from
|
|
|
performance reviews
|
commencement school
|
|
|
|
|
|
|
completion of Learning
|
leavers progress to the
|
|
|
& Development
|
maximum remuneration
|
|
|
requirements
|
of Auditor 1.
|
|
|
|
|
|
|
contribution to Audit
|
|
|
|
Office objectives.
|
Progression
to Next Level
|
Auditor
1
|
Auditor
2
|
Auditor
3
|
Auditor
4
|
School leavers - progress
|
Graduates - progress to
|
Graduates - Progress to
|
|
to Auditor 2 after initial
|
Auditor 3 subject to
|
Auditor 4 subject to
|
|
24 months, subject to
|
satisfactory work
|
assessment, which will
|
|
satisfactory performance
|
performance as
|
consider:
|
|
in:
|
evidenced by
|
|
|
|
performance reviews and
|
Progress in the CA/CPA
|
|
Work as evidenced by
|
satisfactory progress in
|
program.
|
|
performance reviews.
|
the CA/CPA program.
|
|
|
|
|
Achievement of
|
|
Study.
|
School leavers - progress
|
competencies
|
|
|
to Auditor 3 subject to
|
|
|
|
satisfactory work
|
Performance reviews.
|
|
|
performance in:
|
|
|
|
|
Completion of Learning
|
|
|
Work as evidenced by
|
& Development
|
|
|
performance reviews.
|
requirements.
|
|
|
Study.
|
|
|
|
|
Contribution to Audit
|
|
|
|
Office objectives.
|
|
|
|
|
|
|
|
School leavers - progress
|
|
|
|
to Auditor 4 subject to:
|
|
|
|
|
|
|
|
Completion of a standard
|
|
|
|
accounting degree.
|
|
|
|
|
|
|
|
Satisfactory work
|
|
|
|
performance as
|
|
|
|
evidenced by
|
|
|
|
performance reviews.
|
|
Annexure 2
Appointment of
Staff to Positions in the New Structure on Transition
Effective 1
January 2005
Appointment of staff to positions in the new structure on
transition will be based on their current positions as follows:
Current
Position
|
New
Position
|
Remuneration
Classification
|
Performance Audit
|
|
|
Senior Performance Audit
|
Audit Leader
|
Audit Professional Level C
|
Manager
|
|
|
Performance Audit Manager
|
Audit Leader
|
Audit Professional Level C
|
Performance Auditor
|
Senior Auditor
|
Audit Professional Level B
|
Performance Audit Senior
|
Auditor
|
Audit Professional Level A
|
Financial Audit
|
|
|
Senior Audit Manager
|
Audit Leader
|
Audit Professional Level C
|
Audit Manager
|
Audit Leader
|
Audit Professional Level C
|
Auditor
|
Senior Auditor
|
Audit Professional Level B
|
Project Clerk
|
Auditor
|
Audit Professional Level A
|
Audit Senior
|
Auditor
|
Audit Professional Level A
|
Senior Audit Clerk
|
Auditor
|
Audit Professional Level A
|
Audit Clerk Grade 1/2
|
Auditor
|
Audit Professional Level A
|
Trainee Auditor (Graduate)
|
Auditor
|
Audit Professional Level A
|
Audit Clerk General Scale
|
Auditor
|
Audit Professional Level A
|
Corporate Services
|
|
|
Finance and Administration
|
Finance and Administration
|
Corporate Professional level B
|
Manager
|
Manager
|
|
Manager Computer Operations
|
Manager Computer Operations
|
Corporate Professional level B
|
Manager Business Systems
|
Manager Business Systems
|
Corporate Professional level B
|
Learning and Development
|
Learning and Development
|
Corporate Professional level B
|
Manager
|
Manager
|
|
Employee Relations Manager
|
Employee Relations Manager
|
Corporate Professional level B
|
Office Services Manager
|
Office Services Manager
|
Corporate Professional level A
|
Financial Accountant
|
Financial Accountant
|
Corporate Professional level A
|
Client Systems Co-ordinator
|
Client Systems Co-ordinator
|
Corporate Professional level A
|
Network Systems Administrator
|
Network Systems Administrator
|
Corporate Professional level A
|
Corporate Services
|
|
|
All positions up to Clerk
Grade
|
Equivalent Position
|
Current Awards per clause
5.5.1
|
5/6
|
|
|
Annexure 3
Remuneration Bands
with Competency Zones
Title
|
Zone
|
% of Range
|
Expert/Role Model
|
Zone 5
|
85-100
|
Superior Role Performance
|
Zone 4
|
65-85
|
Competent Role Performance
|
Zone 3
|
25-65
|
Developing Skills
|
Zone 2
|
10-25
|
Entry Level
|
Zone 1
|
0-10
|
Minimum
guaranteed levels of remuneration, subject to satisfactory performance, exist
within the remuneration bands for Audit Professional Levels B and C and
Corporate Professional Levels A and B as follows:
After 1 Year
|
-
|
minimum
percentile 15% of remuneration band
|
After 2 Years
|
-
|
minimum
percentile 25% of remuneration band
|
After 3 Years
|
-
|
minimum
percentile 35% of remuneration band
|
After 4 years
|
-
|
minimum
percentile 45% of remuneration band
|
Competency zones, expressed in percentiles of the
remuneration band, will be set at the beginning of each three-year period and
will not be altered during the life of the Award. When a remuneration band is
adjusted, the Competency Zone Percentiles will be applied to the new
remuneration band.
Zone Definitions
Zone
|
Title
|
Description
|
5
|
Expert/Role
|
Very experienced and/or outstanding performer. Role model and advisor
|
|
Model
|
to peers and/or highly promotable.
|
4
|
Superior
Role
|
Very experienced.
Sustained high performer. May be ready for promotion.
|
|
Performance
|
Provides technical and other advice to less experienced
peers.
|
3
|
Competent
Role
|
Capable of independently performing role
responsibilities. Consistently
|
|
Performance
|
meets performance requirements. Well developed technical skills.
|
2
|
Developing
Skills
|
Adequate performance, but requiring of further
development.
|
1
|
Entry
Level
|
Recent appointee. Learning to perform role
responsibilities.
|
Annexure 4
Other Flexible
Work Practices
Flexible work practices available to employees, subject to
approval are:
(a) Working weekends
and public holidays at employee’s request, will be compensated with time off
during the week on an hour for hour basis (not at overtime rates).
(b) Compressed
working week or working fortnight arrangements. Such arrangements would include
35 hours in 4 days (average 8.75 hours per day) or 70 hours in 9 days (average
7.77 hours per day).
(c) Term Working for
specific periods during the year (not restricted to school terms). Remuneration
will be averaged (annualised over the full period) so that the employee is paid
the same amount every fortnight throughout the year.
(d) Deferred
Remuneration. For instance, an employee
who works for 4 years and takes the 5th year off will receive the deferred
portion of their first 4 years annual remuneration in the 5th year.
(e) Working from
home on a temporary or ad hoc basis for a maximum of 12 days per annum. Permanent or long term working from home
arrangements will be subject to the business unit leader’s approval and meeting
occupational health & safety requirements.
(f) Job share and
part time work.
(g) Leave without
pay. Such requests will be considered
on a case-by-case basis.
(h) Career Break
Scheme for up to 3 years maximum.
D.W.
RITCHIE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.