Crown
Employees (State Emergency Service) Region Controllers Award 2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 111 of 2012)
Before The Honourable
Mr Justice Staff
|
28 March 2012
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. General
Conditions of Employment
4. Salaries
5. Working
Hours and Flexible Leave Entitlement
6. Operational
Overtime
7. Grievance
Procedures
8. Dispute
Resolution Procedures
9. Anti-Discrimination
10. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salary
Schedule
PART A
1. Title
1.1 This award will
be known as the Crown Employees (State Emergency Service) Region Controllers
Award 2012.
2. Definitions
2.1 "Act"
means - the Public Sector Employment and Management Act 2002.
2.2 "Award"
means - this Crown Employees (State Emergency Service) Region Controllers Award
2012.
2.3 "SES"
means - the State Emergency Service as described in the State Emergency
Service Act 1989 No 164.
2.4 "SES
Act" means - the State Emergency Service Act 1989 No. 164.
2.5 "Regulation"
means the State Emergency Service Regulation 2001 as amended under the State
Emergency Service Act 1989 No 164.
2.6 "Director
General" means - the Chief Executive Officer of the State Emergency
Service as listed in column 2 of Schedule 1 of the Public Sector Employment
and Management Act 2002.
2.7 "Region
Controller" means - an officer permanently or temporarily employed in the SES
either as a full-time, or part-time employee, in any capacity under the
provisions of chapter 2 of the Public Sector Employment and Management Act 2002,
and includes an officer on probation.
2.8 "Association"
means - the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
2.9 "Director
General DPC" means - the Director General of the Department of Premier and
Cabinet, who is the employer for industrial purposes as a result of the Public
Sector Employment and Management Amendment (Ethics and Public Service
Commissioner) Act 2011.
2.10 "Position"
means - a position, both full-time and part-time, pursuant to Section 9 of the
Public Sector Employment and Management Act 2002.
2.11 "Salary
Rates" means - the ordinary time rate of pay for the Region Controller’s
grading excluding allowance for "After Hours Duty Officer" and all
other allowances not regarded as salary.
3. General Conditions
of Employment
3.1 Conditions of
employment for all Region Controllers shall be in accordance with the
provisions of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2006 except where varied by this Award and with the following
Awards and Agreements as varied from time to time:
Crown Employees (Transferred Employees Compensation)
Award
Crown Employees (Transferred Officers/Excess Rent)
Agreement No 2354 of 1981
3.2 The provisions
of this award are to apply to part-time workers on a pro-rata basis.
4. Salaries
4.1 The Region
Controllers will be remunerated in accordance with the Crown Employees (Public
Sector - Salaries 2008) Award as varied or an award replacing it. Salaries are
set out in Table 1 - Salary Schedule Part B Monetary Rates.
4.2 Appointment of
Region Controllers shall be in accordance with the Public Sector Employment and
Management (General) Regulation.
4.3 A flexible and
adaptable approach to working hours shall be adopted to meet peak demands, unit
and volunteer demands, and the personal circumstances of the officer. Much of
the work performed is during the evening or on weekends. The parties agree that
the requirements will be no more than 40 days of weekend and public holiday
work per annum and 80 occasions of evening work. The parties recognise that
there could be variations to these requirements from time to time.
4.4 An allowance of
15% of the Region Controller’s gross annual salary will be paid in lieu of
non-operational overtime and in recognition of the pattern of work. No
non-operational overtime is anticipated.
5. Working Hours and
Flexible Leave Entitlement
5.1 Region
Controllers will be able to accumulate flexitime credits beyond their contract
hours. Flexitime entitlements will be the same as the current flexible working
arrangements of the Department, i.e. Region Controllers will be able to take up
to 5 flexidays per flex period and can carry over up to 21 hours credit per
flex period. There will be no bandwidth
or core-time. Contract hours of 35 hours per week will be worked on any day
Monday to Sunday and will include travel time.
5.2 Region
Controllers will receive credit hours of one fifth of their normal weekly hours
for each public holiday day. When required to work on a public holiday, a
Region Controller should credit the hours worked to flexitime and take the
equivalent time off at a later date.
5.3 Region
Controllers will not be required to work more than 5 days in a row without at
least 1 day off.
5.4 Part time Region
Controllers working on projects for State Headquarters will be paid additional
hours from the project sponsors budget.
The number of hours will be negotiated with the project sponsor on a
case by case basis.
6. Operational
Overtime
6.1 Access to
overtime can only occur during operations when flexitime has been suspended.
6.2 Region
Controllers who are required to work operational overtime will be paid at the
normal rate of pay including the 15% loading for the first seven hours, and
overtime thereafter, excluding the 15% loading and meal breaks. When flexitime
is suspended rest days are deemed to be Saturdays and Sundays.
6.3 Part time Region
Controllers who are required to work during operations may work full time and
be paid additional hours for the period of the operation.
6.4 If a Region
Controller is required to perform duty as the after hours duty officer the
following payments will be applicable:
Weekdays 2/9ths of a day’s salary including loading.
Weekends 1/3 rd of a day’s salary including loading.
6.4.1 Subject to
paragraph 6.4.2, the SES may require a Region Controller to work reasonable
overtime at overtime rates.
6.4.2 A Region
Controller may refuse to work overtime in circumstances where the working of
such overtime would result in the officer working hours which are unreasonable.
6.4.3 For the purposes of
paragraph 6.4.2 what is unreasonable or otherwise will be determined having
regard to:
6.4.3.1 any risk to
Region Controller health and safety;
6.4.3.2 the Region
Controller’s personal circumstances including any family and carer
responsibilities;
6.4.3.3 the needs of the
workplace or enterprise;
6.4.3.4 the notice (if
any) given by the SES of the overtime and by the Region Controller of his or
her intention to refuse it; and
6.4.3.5 any other
relevant matter.
7. Grievance
Procedures
Grievance procedures will be in accordance with the SES
Grievance Policy.
8. Dispute Resolution
Procedures
8.1 The aim of the
Dispute Resolution Procedures is to ensure that, during the life of this Award,
industrial disputes or grievances are prevented, or resolved as quickly as
possible, at the level closest to the incident (with graduated steps for
further attempts at resolution at higher levels within SES, if required).
8.2 When a dispute
or grievance arises, or is considered likely to arise, the following steps
shall be followed:
Stage 1: - The Region Controller(s) should notify the
Manager Personnel of the substance of the grievance, dispute or difficulty,
request a meeting and, if possible, clearly state their preferred outcome.
A confidential meeting should be held within two
working days.
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
Region Controller 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.
Stage 2: - If the matter is not resolved at the second
meeting, the Region Controller, or other appropriate officer, may refer the
matter to the Director General.
A confidential meeting should be held within two
working days.
If the matter is not resolved, all parties involved in
the grievance will be provided with a written response explaining the actions
to be taken or the reasons for the SES taking no further action.
Stage 3: - If the matter remains unresolved it may be
referred to the New South Wales Industrial Relations Commission by the officer
(s), the Associations, or the Director General.
8.3 At any stage of
this process either party may request that the situation be referred to an
independent mediator. During any stage of this process members of a registered
trade union may request that an Association representative be present.
8.4 During the
process of resolving a grievance, normal work is to continue except in the case
of a dispute involving Work Health and Safety where the safety of staff is
jeopardised. If practicable, normal work will proceed in a manner which avoids
any risk to the health and safety of any officer, or member of the public.
8.5 The Region
Controller(s), Association and the SES will be bound by any lawful
recommendation, order or determination by the NSW Industrial Relations
Commission in relation to the grievance, dispute or difficulty.
9.
Anti-Discrimination
9.1 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, age and responsibilities as a carer.
9.2 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.
9.3 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.
9.4 Nothing in this
clause is to be taken to affect:
any conduct or act which is specifically exempted from
anti- discrimination legislation;
offering or providing junior rates of pay to persons
under 21 years of age;
any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
a party to this award from pursuing matters of unlawful
discrimination in any State or federal jurisdiction.
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.
10. Area, Incidence
and Duration
10.1 The award will
apply to all Region Controllers employed in the State Emergency Service.
11.1 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 NSW on 28 April 1999 (310
I.G. 359) take effect from 28 March 2012.
11.2 Changes made to
this award subsequent to it first being published on 29 August 2008 (366 I.G.
569) have been incorporated into this award as part of the review.
10.4 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 - Salary Schedule
Salary of Full Time Region Controllers
Effective from the beginning of the first pay period to
commence on or after 1 July 2011
Classification
|
Fpp 1.7.11
|
Full Time Region Controllers
|
Per annum
|
|
$
|
1st year of service
|
91,303
|
2nd year of service
|
93,870
|
3rd year of service
|
97,702
|
Thereafter
|
100,613
|
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.