Crown
Employees (Department of Finance and Services) Wages Staff Award 2011
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW
Department of Finance and Services.
(No. IRC 11 of 1848)
|
Before The Honourable
Justice Backman
|
31 January 2012
|
VARIATION
1. Delete the
title of the award Crown Employees (NSW Department of Services Technology and Administration)
Wages Staff Award 2009 of the award published 27 November 2009 (369 I.G. 702)
and insert in lieu thereof the following:
Crown Employees (Department of Finance and Services)
Wages Staff Award 2011.
2. Delete clause
2, Definitions and insert in lieu thereof the following:
2. Definitions
(1) "Department"
and "employer" means the NSW Department of Finance and Services.
(2) "Director
General" means the chief executive officer of the NSW Department of
Finance and Services.
(3) "Wages
Staff", "staff" "staff member" and
"employee" means a person engaged under the terms and conditions of
this award by the NSW Department of Finance and Services.
(4) "Award"
means any award made pursuant to the provisions of the Industrial Relations
Act 1996.
(5) "Industrial
Agreement" means any Industrial Agreement made pursuant to the provisions
of the Industrial Relations Act 1996, filed with the Industrial
Registrar.
(6) "Enterprise
Agreement" means an Agreement made pursuant to Section 29 of the Industrial
Relations Act 1996.
(7) "Industrial
Authority" means the Director of Public Employment, as constituted under
the Public Sector Employment and Management Act 2002.
(8) "Union"
means the:
The Construction, Forestry, Mining and Energy Union
(Construction and General Division) NSW Divisional Branch;
Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing
Division, NSW Branch
Electrical Trades Union of Australia, New South Wales
Branch;
The Australian Workers' Union, Greater New South Wales
Branch;
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union;
Transport Worker's Union of Australia, New South Wales
Branch;
having regard to their respective coverage.
3. Delete clause
3, Parties and insert in lieu thereof the following:
3. Parties
This Award has been made pursuant to Section 10 of the Industrial
Relations Act 1996 by the following parties:
The Department of Finance and Services
The Director of Public Employment
Construction, Forestry, Mining and Energy Union
(Construction and General Division) NSW Divisional
Branch
Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing
Division, NSW Branch.
Electrical Trades Union of Australia, New South Wales
Branch
The Australian Worker’s Union, Greater New South Wales
Branch
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union
Transport Worker’s Union of Australia, New South Wales
Branch.
4. Delete clause 4
Incidence and Period of Operation, and insert in lieu thereof the following:
4. Incidence and
Period of Operation
This Award will apply to all existing and future wages
employees in the Department, engaged under this award. Such employees are deployed throughout the
State of New South Wales as required by the Department to meet client service
obligations.
This award is made following a review under section 19
of the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Department of Services Technology and Administration) Wages Staff
Award 2009 published 27 November 2009 (369 I.G. 702, 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 1 July 2011.
This award remains in force until 30 June 2012 or until
varied or rescinded.
The contents of this Award may be varied in accordance with
Section 17 of the Industrial Relations Act 1996.
5. Delete clause
14 Leave, and insert in lieu thereof the following:
14. Leave
(a) All Awards,
Agreements and Determinations relating to Leave continue to apply to employees
with the exception of the subclauses set out below.
(1) Annual Leave
Loading
Annual leave loading was, and is, incorporated in wage
rates through a once only 1.35% wage increase paid under the terms of the NSW
Public Works Wages Staff Enterprise Agreement (1994 - 1995).
(2) Family And
Community Service Leave
The Department Head shall grant to a staff member some,
or all of their accrued family and community service leave on full pay, for
reasons relating to family responsibilities, performance of community service
or emergencies. Where possible, non-emergency appointments or duties should be
scheduled or performed outside of normal working hours.
(b) Such cases may
include but not be limited to the following:
(1) Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
(2) Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
(3) Emergency or
weather conditions; such as when flood, fire, snow or disruption to utility
services etc, threatens a staff member’s property and/or prevents a staff
member from reporting for duty;
(4) Attending to
family responsibilities such as - citizenship ceremonies, parent/teacher
interviews or attending child's school for other reasons;
(5) Attendance at court
by a staff member to answer a charge for a criminal offence, only if the
Department Head considers the granting of family and community service leave to
be appropriate in a particular case;
(6) Attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State; and
(7) Absence during
normal working hours to attend meetings, conferences or to perform other
duties, for staff members holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the staff member does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council.
(c) The definition
of "family" or "relative" in this clause is the same as
that provided in paragraph 81.4.2 of clause 81 Sick Leave to Care for a Family
Member of the Crown Employees (Public Service Conditions of Employment) Award
2009.
(d) The maximum amount
of family and community service leave on full pay which may, subject to this
award, be granted to a staff member shall be in accordance with paragraph (1)
or in accordance with paragraph (2)
whichever is the greater:.
(1) 2½ of the staff
member’s working days in the first year of service and; on completion of the
first year’s service, 5 of the staff member’s working days in any period of 2
years.; or
(2) After the
completion of 2 years continuous service, the available family and community
service leave is determined by allowing 1 days leave for each completed year of
service less the total amount of short leave or family and community service
leave previously granted to the staff member.
(e) If available
family and community service leave is exhausted as a result of natural
disasters, the Department Head shall consider applications for additional
family and community service leave, if some other emergency arises.
(f) If available
family and community service leave is exhausted, on the death of a family
member or relative, additional paid family and community service leave of up to
2 days may be granted on a discrete, per occasion basis to a staff member.
(g) In cases of
illness of a family member for whose care and support the staff member is responsible,
paid sick leave in accordance with clause 81, Sick Leave to Care for a Sick
Family Member of the Crown Employees (Public Service Conditions of Employment)
Award 2009 shall be granted when paid family and community service leave has
been exhausted.
(h) A Department
Head may also grant staff members other forms of leave such as accrued
recreation leave, time off in lieu, flex leave and so on for family and
community service leave purposes.
(3) Training
The Department agrees to provide the appropriate level
of paid Trade Union education leave to wages employee representatives up to a
maximum of twelve days in any two year period, subject to the approval of such
leave being consistent with operational requirements.
(4) Sick Leave
All sick leave absences in excess of one day’s
duration, and any sick leave absences that are adjoining to weekends, gazetted
public holidays and Rostered Days Off (RDO) must be supported by a medical
certificate or equivalent legal document, or such absence will be treated as
leave without pay.
For all other aspects of sick leave the Sick Leave
provisions of the Uniform (Ministerial) Leave Conditions apply except that an
employee upon completion of three months service shall be entitled to payment
for sick leave taken in the first three months up to a maximum of five working
days.
(5) Paid Parental
Leave
Up to 1 week on full pay or 2 weeks on half pay
parental leave is available to employees who:
otherwise meet the requirements for taking parental
leave as set out in clause 75 of the Crown Employees (Public Service Conditions
of Employment) Award 2009; and
apply for parental leave within the time and the manner
determined by the Department Head; and
prior to the expected date of birth or taking custody
have completed not less than 40 weeks service.
The period of paid leave does not extend the current
entitlement of up to 12 months leave, but is part of it.
Parental leave is available to male or female staff.
PAID MATERNITY OR ADOPTION LEAVE
The entitlement and conditions attached to paid
maternity or adoption leave remain unchanged, except that the quantum of leave
will be 14 weeks instead of 9 weeks. Leave may be taken at full pay, half pay
or as a lump sum.
EXTENDED LEAVE AFTER 7 YEARS SERVICE
Employees with 7 years or more service will be entitled
to take (or be paid out on resignation) extended leave in the usual
manner. The quantum of leave available
is that which would have applied if pro rata leave were granted. For example an
employee with 7 years service has a long service leave entitlement of 30.8
working days. Calculations for other
periods of service are set out at Chapter 6-7 of the Personnel Handbook.
There is no requirement for an employee with 7 or more
years of service to have been terminated or to have left employment because of
illness, incapacity or domestic or other pressing necessity to claim an
entitlement. No repayment will be required if an employee does not reach 10
years service.
DOUBLE PAY EXTENDED LEAVE
An employee with an entitlement to extended leave may
elect to take leave at double pay. The
additional payment will be made as a non-superable taxable allowance payable
for the period of the absence from work. The employee's leave balance will be
debited for the actual period of the absence from work and an equivalent number
of days as are necessary to pay the allowance.
For example, an employee with an extended leave balance
of 50 working days wishing to take
extended leave at double pay take 25 working days leave from work,
reducing their leave balance to 25 days. A further 25 working days will be
debited from the employee balance to cover payment of the non-superable taxable
allowance.
Other leave entitlements, eg, recreation leave, sick
leave and extended leave will accrue at
the single time rate where an employee takes long service leave at double time.
Superannuation contributions will only be made on the
basis of the actual absence from work, i.e., at the single time rate.
Where an employee elects to take extended leave at double pay, in most cases a minimum
period of absence of 1 week should be taken, i.e., 1 week leave utilising 2
weeks of accrued leave.
PUBLIC HOLIDAYS WHILST ON EXTENDED LEAVE
From 1 January 2005, public holidays that fall whilst
an employee is on a period of extended
leave will be paid and not debited from an employees leave entitlement.
In respect of public holidays that fall during a period
of double pay extended leave an employee will be not be debited in respect of the
leave on a public holiday.
The employees leave balance will however be reduced by
an additional day to fund the non-superable taxable allowance.
6. Delete clause
23, Leave Reserved and insert in lieu thereof the following:
23. No Extra Claims
The parties agree that there will be no extra claims
during the life of the Award.
7. Delete Part B,
Rates & Allowances and insert in lieu thereof the following:
PART B
RATES &
ALLOWANCES
Rates
(1) Rates of Pay
From the first pay period commencing on or after 1 July
2011 the rates of pay set out under the heading FPPOOA 1.7.2011 shall be
payable. These rates represent a 2.5%
wage increase from the first pay period commencing on or after 1 July 2011.
The parties agree that there shall be no additional
claims for variation in the rates of pay during the period of operation of this
award, namely until 30 June 2012.
Table 1 - Wages
Classification and Salary Schedules
|
Classification
|
Rate per fortnight
|
|
|
|
FFPOA 1.7.2011
|
|
|
|
$
|
|
L1
|
(92%)
|
1697.10
|
|
L2
|
(95%)
|
1753.78
|
|
L3
|
(97.5%)
|
1801.64
|
|
L4
|
(100%)
|
1844.60
|
|
L5
|
(105%)
|
1948.63
|
|
L6
|
(110%)
|
2029.20
|
|
L7
|
(115%)
|
2121.55
|
|
L8
|
(120%)
|
2313.39
|
|
L9
|
(126%)
|
2324.5
|
|
L10
|
(133%)
|
2446.07
|
|
|
(135%)
|
2498.55
|
|
L11
|
(139%)
|
2571.73
|
|
|
|
2626.36
|
|
|
(147%)
|
2721.99
|
|
L12
|
(152%)
|
2806.56
|
|
|
(156%)
|
2888.66
|
Progression from Level 6 to Level 7 and from Level 10 to
Level 11 shall be on the basis of satisfactory performance and the
demonstration of appropriate competency. Such progression shall be on the
determination of the Department.
(2) Employees
required to hold trade certificates, or the equivalent, for the below named
trades shall be paid a Special Allowance for all purposes of this Award as
follows:
|
|
Rate per fortnight
|
|
|
FPPOOA 1.7.2011
|
|
|
$
|
|
Stonemason-carvers
|
123.40
|
|
Electricians
|
123.40
|
|
Plumbers
|
19.50
|
|
Welder (Special)
|
19.50
|
(3) The Definition,
Scope of Work, Level of Skill and Quality, Safety and General Responsibilities
for each level is detailed in the 12 Level classification structure, set out at
Appendix 1.
Table 2 - Survey and Spatial Classification and Salary Schedules
|
|
|
FPPOOA
|
|
|
|
1.7.2011
|
|
L1
|
(92%)
|
1697.10
|
|
L2
|
(95%)
|
1753.80
|
|
L3
|
(97.5%)
|
1801.60
|
|
L4
|
(100%)
|
1844.60
|
Table 3 - Apprentice Classification and Safety Schedules
|
|
FPPOOA
|
|
|
1.7.2011
|
|
1st year
|
896.90
|
|
2nd year
|
1149.10
|
|
3rd year
|
1444.10
|
|
4th year
|
1650.00
|
Allowances
Conditions of
Employment - Allowances
In general, the conditions of the Crown Employees (Skilled Trades)
Award shall apply to employees to simplify administration and provide
consequent savings.
Specific conditions relating to;
Excess Fares and Travelling Time
Distant Work
Payment for Loss of Tools
Overtime
Tool Allowance
shall operate as provided by this clause.
(1) Fares And
Travelling Time
An allowance of $21.80 per day, comprising of $13.10
for fares and $8.70 for travelling time, (including the Rostered Day Off) shall
be paid to employees to compensate for fares and travelling time to and from
places of work, provided that only the travelling time component of the
allowance shall be payable if the Department provides, or offers to provide
transport free of charge to the employee and that offer is refused.
An employee, who on any day is required to work at a
site away from their accustomed workshop and who shall, at the direction of the
Department, present for work at such site at the usual starting time, shall be
paid this allowance for each such day.
Where an employee is sent during working hours from a
shop to a site, or a site to a shop, or from a shop to a shop, or from a site
to a site, the Department shall pay all travelling time and fares incurred in
addition to the amounts the Department may be liable to pay under this clause.
Where an employee is required to use their private
vehicle to transfer from one work site to another during working hours the
employee shall be paid an allowance of $0.79 per kilometre.
An employee using a motor vehicle for work must have
for the vehicle a valid Third Party insurance policy and a comprehensive motor
vehicle insurance policy to an amount and in a form approved by the Department.
The provisions of Clause 16 - Dispute Resolution of
this Award shall be used to resolve any problems concerning the operation of
this clause.
The provisions of this subclause do not apply to
employees classified as Staff (Wages) Level 8 or above.
(2) Distant Work
The provisions of this clause apply only to employees
employed in non-metropolitan Departmental Regions. This clause does not apply to employees employed in the
Newcastle, Central Coast, Sydney and Wollongong metropolitan areas.
For the purpose of this clause, Distant Work is that in
respect of which the distance or the travelling facilities to and from such
places of work make it reasonably necessary that the employee should live and
sleep at some place other than their usual place of residence at the time of
commencing such work. Provided that if
the employee, whilst employed on Distant Work, changes their usual place of
residence or any further change thereof (if made whilst employed on Distant
Work) shall be the usual place of residence for determination whether the work
is Distant Work within the meaning of this clause.
Provided further that after the expiration of four
weeks this clause shall not apply to an employee who is appointed to work as a
regular employee at a permanent workshop whilst working at such workshop.
While on Distant Work, a majority of employees concerned
and Departmental management may mutually agree that ordinary working hours may
be worked up to a maximum of twelve hours per day on any day of the week.
Providing that the employees concerned and Departmental
management will mutually agree, in accordance with the Department’s
convenience, whether additional time worked is taken as time off in-lieu of
payment at ordinary rates at either:
the completion of the project; or
within three months of its being worked; or
is paid at ordinary rates.
An employee engaged on Distant Work shall be conveyed with
tools to and from at the Department’s expense.
Such conveyance shall be made only once unless the employee is recalled
and sent again to the place of work when it shall be made each time that this
happens, provided that the return fares and travelling time need not be paid to
a employee:
who leaves of their own free will; or
is dismissed for misconduct
before the completion of the job, before being three
months in such employment, whichever first happens, or is dismissed for
incompetence within one week of engagement.
Time occupied in travelling to and from Distant Work
shall be paid for at ordinary rates, provided that no employee shall be paid
more than an ordinary day's wages for any day spent in travelling unless the
employee is on the same day occupied in working for the Department. The employee shall be paid also an amount of
$21.00 to cover the expenses, if any, of reaching home and of transporting
tools.
On Distant Work the Department shall provide reasonable
board and lodging or pay an allowance of $64.00 per day for each day residing
away from the usual place of residence or $447.10 per week of seven days but
such allowance shall not be wages.
Reasonable board and lodging for the purpose of this
clause shall mean lodging in a well-kept establishment with adequate
furnishings, good bedding, good floor coverings, good lighting, good heating,
hot and cold running water in either a single room or a twin room if a single
room is not available.
Where an employee is engaged upon distant jobs and is
required to reside elsewhere than on site they shall be paid the fares and
travelling time allowance prescribed by this clause.
An employee on Distant Work, after three months continuous
service, and thereafter at three monthly intervals, may return home at the
weekend and shall be paid the fares reasonably incurred in so travelling home
and to the place of work, provided however, that if the work upon which the
employee is engaged will be completed within twenty-eight days after the
expiration of any such period of three months, as hereinbefore mentioned, then
the provision of this subclause shall not be applicable.
The employee shall inform the Department in writing of
subsequent change to the usual place of residence.
If the Department and an employee engaged on Distant
Work agree in writing, the paid Rostered Day Off prescribed in the Award may be
taken and paid for at a time mutually agreed.
The agreement shall only apply for a paid day or days off work up to
maximum accrual of five days.
In general terms, the Department’s policy for employees
is that the provisions of the Distant Work Clause apply where the work site is
situated more than 95 kilometres from the Depot or Post Office of the town in
which the employee is based and the employee lives away from home for the
period of the job.
The only exceptions to this rule would be in rare cases,
such as where road conditions or special circumstances make it unreasonable or uneconomic
to apply. In such circumstances local
Departmental management has discretion to apply Distant Work provisions on
sites situated less than 95 kilometres from the Depot or Post Office, subject
to written justification being recorded on the job file and signed by the local
Departmental management representative.
The employee must live away from home to receive payment under these
circumstances.
(3) Payment For Loss
of Tools
(a) An employee
shall be reimbursed by the Department to a maximum of $1628.00 for loss of
tools or clothes by fire or breaking and entering whilst securely stored at the
direction of the Department in a room or building on Department premises, job
or workshop or in a lock-up or if the tools are lost or stolen while being transported
by the employee at the Department’s direction, or if the tools are accidentally
lost over water or if tools are lost or stolen during an employee's absence
after leaving the job because of injury or illness.
Provided that an employee transporting their own tools
shall take all reasonable care to protect those tools and prevent theft or
loss.
(b) Where an
employee is absent from work because of illness or accident and has advised
Department, then the Department shall ensure that the employee's tools are
securely stored during the employee's absence.
(c) Provided that
for the purposes of this subclause:
Only tools used by the employee in the course of their
employment shall be covered by this subclause.
The employee shall, if requested to do so, furnish the
Department with a list of tools so used.
Reimbursement shall be at the current replacement value
of new tools of the same or comparable quality.
The employee shall report any theft to the police prior
to making a claim on the Department for replacement of stolen tools.
It is assumed that the Department has directed staff to
store their tools (as detailed above) unless otherwise directed not to.
(4) Overtime
Overtime provisions, including payment for meals, as provided
by clause 9, Overtime of the Crown Employees (Skilled Trades) Award shall apply
to all employees.
An employee may opt to take time-off in lieu of paid
overtime at the same rate at which the overtime was accrued, subject to
management agreement. Any such time-off
will be taken within an agreed time and not later than 3 months of the working
of the overtime. An employee, subject
to management agreement, may take part time-off in lieu and part payment for overtime.
(5) Tool Allowance
Tool Allowances payable to Wages Staff shall be those
set out in the following table:
|
Trade Description
|
|
Rate per fortnight
|
|
|
|
$
|
|
Carpenter/Joiner
|
)
|
|
|
Stonemason-carver
|
)
|
|
|
Stonemason
|
)
|
56.20
|
|
Plumber
|
)
|
|
|
Electrician
|
)
|
|
|
Metal Tradespersons
|
)
|
|
|
|
|
|
|
Plasterer
|
|
56.20
|
|
|
|
|
|
Bricklayer
|
)
|
|
|
Tilelayer
|
)
|
40.00
|
|
|
|
|
|
Slater & Tiler
|
|
29.40
|
|
|
|
|
|
Painter
|
|
13.60
|
(6) Thermostatic
Mixing Valves Allowance
An employee who is required by the Department to act on
their thermostatic mixing valve licence shall be paid $0.65 per hour, while
undertaking inspection and certification of thermostatic mixing valves.
(7) Allowances
Review
Increases in Expense Related Allowances payable under
the Awards listed in Clause 22 of this Award shall be paid, as appropriate, to
employees covered by this Award.
Payment of increases shall be made from the same operative date as Award
variations.
Expense Related Allowances include:
Tool Allowance
Meal Allowance
Excess Fares and Travelling Time
Distant Work Allowances
Wage Related Allowances shall increase by the same
percentage amount, and from the same operative date, as rates of pay increase
under this Award.
(8) All Purpose
Payment in Lieu of Certain Allowances
The provisions of this subclause do not apply to:
Wages Staff employees Levels 9, 10, 11 and 12.
Wages Staff employees who have no entitlement to
allowances payable under the Crown Employees (Skilled Trades) Award.
All allowances set out in clauses 4 and 15, other than
the exemptions mentioned below, of the Crown Employees (Skilled Trades) Award
shall not be paid to Wages Staff employees of any Level.
At clause 4, Allowances, all subclauses except:
(4) Electricians
(6) Plumber and
Drainer
(12) Registration
Allowance
(41) Asbestos
(44) Asbestos
Eradication
In recognition that employees will continue to work
under circumstances that previously attracted allowance payments pursuant to
the above specified clauses, payments for all purposes of this Award shall be
made. The payments shall be as follows:
From 8.7.2011
$53.80 per fortnight for all Heritage and Building
Services Group employees other than slaters, plumbers and plumbing apprentices.
$61.10 per fortnight for slaters, plumbers and plumbing
apprentices.
(Plumbers and plumbing apprentices will no longer be
able to claim separate payment for chokages or fouled equipment.)
Should circumstances arise where the payment of the
allowance prescribed by this subclause for plumbers becomes consistently
disadvantageous when compared to payment through the claiming of allowances as
set out in the Crown Employees (Skilled Trades) Award, then the Department and
the Union will review the situation.
Any result of such a review that results in the requirement to amend
this subclause will be presented as a consent matter by the Department and the
Union.
(9) Driving Van
Allowance
Department Wages Staff employees allocated and
responsible for commercial vehicles containing Departmental plant and
equipment, which are parked at the premises of the employee overnight, shall be
paid a flat allowance of $2.63 per day.
This allowance is paid daily for each day worked and is not paid for all
purposes of this Award. It shall be
treated as a wage related allowance for the purpose of future increases.
8. This variation
shall take effect from the first full pay period to commence on or after 1 July
2011.
A.
F. BACKMAN J
____________________
Printed by the
authority of the Industrial Registrar.