Crown
Employees (Independent Transport Safety and Reliability Regulator) Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Independent
Transport Safety and Reliability Regulator.
(No. IRC 874 of 2009)
|
Before Commissioner
Bishop
|
9 July 2009
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Intent
4. Work
Environment
5. Salaries
and Grades
6. Performance
Development and Evaluation Scheme
7. Working
Hours and Overtime
8. Overtime
9. Recreation
Leave
10. Annual
Leave Loading
11. Sick Leave
12. Family and
Community Service Leave
13. Leave
Without Pay
14. Military
Leave
15. Parental
Leave
16. Religious
or Cultural Obligations
17. Special
Leave
18. Extended
Leave
19. Public
Holidays
20. Workplace
Flexibility
21. Learning
and Development
22. Allowances
23. Trade Union
Activities
24. Grievance
and Dispute Resolution Procedure
25. Anti-Discrimination
26. Secure
Employment - OHS
27. No Extra
Claims
28. Area,
Incidence and Duration
PART B
MONETARY RATES
Schedule 1 - ITSRR Salaried Officers
Schedule 2 - ITSRR Senior Officers
2. Definitions
(i) "Association"
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
(ii) "ITSRR"
means the Independent Transport Safety and Reliability Regulator established by
the Transport Administration Act 1988.
(iii) "Staff"
or "staff members" shall mean person(s) employed by ITSRR under
Section 4B (3) of the Public Sector Employment and Management Act 2002
(NSW) and covered by this Award.
(iv) "Transferred
staff" mean former State Rail Authority staff, former Rail Infrastructure
Corporation staff, former Office of Co-ordinator General of Rail staff or
former Ministry of Transport staff who were transferred to ITSRR on 1 January
2004 under Schedule 6 of the Transport Administration Act 1988.
(v) Chief Executive
means the Chief Executive of ITSRR or their nominee.
3. Intent
This award aims to consolidate, in the one document, the
common conditions of employment of staff and to facilitate, as appropriate,
greater flexibility in the workplace.
4. Work Environment
ITSRR is committed to fostering engagement of staff with the
organisation and its values through the provision of:
(i) interesting
work;
(ii) effective
communication that establishes clear performance expectations and feedback on
performance;
(iii) provision of
an harassment free, cooperative work environment where staff are treated with
dignity and respect;
(iv) employment
conditions that support staff in balancing their work and home commitments;
(v) support for
learning and career development opportunities; and,
(vi) maintaining
accident-free and healthy workplace by:
(a) the development
of policies and guidelines on occupational health, safety and rehabilitation;
(b) pursuing the
objectives of the Occupational Health and Safety Act 2000 and the
Occupational Health and Safety Regulation 2001 by establishing agreed OHS
consultative arrangements to identify and implement safe systems of work, safe
work practices, working environments and appropriate risk management
strategies; and to determine the level of responsibility to achieve these
objectives;
(c) identifying
training strategies for staff members, as appropriate, to assist in the
recognition, elimination or control of workplace hazards and the prevention of
work related injury and illness;
(d) developing
strategies to assist the rehabilitation of injured staff members.
5. Salaries and
Grades
(i) The salaries
payable are prescribed in Part B, Monetary Rates, of this Award.
(ii) The salaries
prescribed in Part B incorporate an increase of 4% to salaries payable with
effect from the first full pay period to commence on or after 1 July 2008 for
existing staff who were employed as at that date and for staff employed after
that date from the date they commenced employment.
(iii) There will be:
(a) A further 4% to
salaries paid under subclause (ii) of this clause, payable with effect from the
first full pay period to commence on or after 1 July 2009.
(b) A further 4%
increase to salaries payable with effect from the first full pay period to
commence on or after 1 July 2010.
(c) No further staff
shall be classified as Grade 9 under this Award.
(d) ITSRR and staff
member(s) can agree to salary sacrifice arrangements.
6. Performance
Development and Evaluation Scheme (PDES)
(i) All staff are
required to participate in the PDES.
(ii) Incremental
progression in salary is subject to obtaining a satisfactory rating under the
PDES at prior 6 monthly or annual performance feedback session.
(iii) ITSRR is
committed to ensuring that PDES is implemented for all staff and that reviews
are conducted as scheduled, so that staff are not disadvantaged for incremental
progression by any delay.
(iv) ITSRR is
committed to supporting learning and development opportunities that are aligned
to ITSRR’s Learning and Development strategies and are agreed and documented
through the PDES.
7. Working Hours and
Overtime
(i) Ordinary hours
of work are currently determined as 35 hours per week.
(ii) Where staff
work under a flexitime arrangement work hours are averaged over a 4 week
period.
(iii) The Chief
Executive may require a staff member to perform duty beyond the hours but only
if it is reasonable for the staff member to be required to do so. A staff
member may refuse to work additional hours in circumstances where the working
of such hours would result in the staff member working unreasonable hours. In
determining what is unreasonable the following factors shall be taken into
account:
(a) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,
(b) any risk to
staff member’s health and safety,
(c) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
(d) the notice (if
any) given by the Chief Executive regarding the working of the additional
hours, and by the staff member of their intention to refuse the working of
additional hours, or
(e) any other
relevant matter.
8. Overtime
(i) The overtime
provisions as set out in the Crown Employees (Public Service Conditions of
Employment) Award as varied, shall
apply.
(ii) Such overtime
shall be approved in advance by the Chief Executive Officer.
9. Recreation Leave
The recreation leave provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Award as varied, shall apply.
10. Annual Leave
Loading
The annual leave loading provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Award as varied, shall apply.
11. Sick Leave
The sick leave provisions as set out in the Crown Employees
(Public Service Conditions of Employment)
Award as varied, shall apply.
12. Family and
Community Service Leave
The Family and Community Service Leave provisions as set out
in the Crown Employees (Public Service Conditions of Employment) Award as
varied, shall apply.
13. Leave Without Pay
The leave without pay provisions as set in the Crown
Employees (Public Service Conditions of Employment) Award as varied, shall apply.
14. Military Leave
The military leave provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Award as varied, shall apply.
15. Parental Leave
Parental leave provisions include Maternity leave and
Adoption Leave. The parental leave
provisions as set out in the Crown Employees (Public Service Conditions of
Employment) Award as varied, shall
apply.
16. Religious Or
Cultural Obligations
The observance of essential religious or cultural
obligations shall be in accordance with provisions in the Crown Employees
(Public Service Conditions of Employment)
Award, as varied.
17. Special Leave
The Special Leave provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Award as varied, shall apply.
18. Extended Leave
(i) General
Extended leave for employees is provided for by
Schedule 5 of the Transport Administration Act 1988.
(ii) Extended Leave
Entitlements
(a) A staff member
who has completed 10 years of continuous service with ITSRR or as recognised in
accordance with paragraph (e) of this subclause is entitled to extended leave
of:
(1) 44 working days
at full pay, or
(2) 88 working days
at half pay, or
(3) 22 working days
at double pay.
(b) For each
additional calendar year of service completed in excess of 10 years, employees
accrue 11 working days extended leave.
(c) Staff members
who have completed at least 7 years of continuous service are entitled to
access the extended leave accrual indicated in paragraph (a) of this subclause
on a pro rata basis of 4.4 working days per completed year of service.
(d) Staff members
who are employed part-time are entitled to extended leave on the same basis as
that applying to a full-time employee but payment for the leave is calculated
on a pro rata basis.
(e) Continuous
service with other NSW government bodies will be recognised by ITSRR in
accordance with Schedule 3A of the Public Sector Employment and Management
Act 2002 (NSW).
(f) Nothing in
paragraph (e) of this subclause entitles a staff member to payment for previous
service recognised where the accrual for that service has previously been taken
as leave or paid out on termination.
(iii) Payment and
Taking of Extended Leave
(a) Subject to ITSRR
approval, extended leave may be taken:
(1) at a time
convenient to the ITSRR;
(2) for a minimum
period of one hour;
(3) at full pay,
half pay or double pay.
(b) Payments will be
increased to reflect any increment action a staff member becomes eligible for
while absent on extended leave.
(iv) Payment or
Transfer of Extended Leave on Termination
(a) A staff member
who is entitled to extended leave on termination of service, including
retirement, is paid the monetary value of the leave as a gratuity, in lieu of
taking the leave.
(b) Staff members
who have at least five years’ service but less than seven years’ service are
paid a pro-rata of the extended leave entitlement if employment is terminated:
(1) by ITSRR for any
reason other than serious and intentional misconduct;
(2) by the staff
member in writing on account of illness, incapacity or domestic or other
pressing necessity; or
(c) on retirement.
19. Public Holidays
The public holidays provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Award as varied, shall apply.
20. Workplace
Flexibility
(i) ITSRR is
committed to providing flexibility in regard to work hours.
(ii) Approval can
be given by the Chief Executive for staff to change to part-time work hours on
a permanent or temporary basis.
(iii) Approval can
be given by the Chief Executive for staff to work from home on a temporary,
fixed term or regular basis. Such
approval is subject to:
(a) appropriate work
is available that can be done at home efficiently without supervision and
without liaison with other staff;
(b) the absence does
not adversely affect the performance of the work group or the provision of
necessary support services to others;
(c) the home
environment or circumstances will not prevent staff from completing an amount
of work equivalent to what would normally be completed in the office
environment; and
(d) staff are
available for telephone consultation and where possible available to return to
the office at short notice.
(iv) All work from
home approvals shall ensure adequate consideration of, and compliance with
occupational health and safety, confidentiality and security provisions.
(v) Where
appropriate, facilities and equipment shall be provided to enable staff to work
at home.
(vi) Approval can be
given by the Chief Executive for staff to take recreation leave at half
pay.
(vii) Approval can be
given by the Chief Executive to staff member requests to purchase additional
leave. The purchased leave provisions
as set out in the Crown Employees (Public Service Conditions of Employment)
Award as varied, shall apply.
(viii) Approval can be
given for staff to use leave without pay to phase-in their retirement.
21. Learning and
Development
Learning and development, including study leave, provisions
as set out clause 85, Staff Development and Training Activities and clause 86,
Study Assistance of the Crown Employees (Public Service Conditions of
Employment) Award as varied, shall
apply.
22. Allowances
Allowances as set out in the Crown Employees (Public Service
Conditions of Employment) Award as varied, shall apply.
23. Trade Union
Activities
The provisions for trade union activities as set out in the
Crown Employees (Public Service Conditions of Employment) Award as varied, including consultation and
technological change and union deductions, shall apply.
24. Grievance and
Dispute Resolution Procedure
(i) 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.
(ii) A staff member
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.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act 1977) that makes it impractical for the staff member to
advise their immediate manager the notification may occur to the next
appropriate level of management or the Executive Director Corporate Services
and Planning.
(iv) This 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.
(v) If the matter
remains unresolved with the immediate manager, the staff member 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 staff member
until the matter is referred to the Chief Executive Officer.
(vi) The Chief
Executive Officer or the Association may refer the matter to mediation.
(vii) If the matter
remains unresolved, the Chief Executive Officer shall provide a written
response to the staff member 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.
(viii) A staff member,
at any stage, may request to be represented by the Association.
(ix) The staff
member or the Association on their behalf or the Chief Executive may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
(x) The staff
member, the Association and ITSRR shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) 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 staff member or
member of the public.
25.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer, including breast feeding.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) Any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) Offering or
providing junior rates of pay to person 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 mattes of unlawful discrimination in any State or federal
jurisdiction.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES
(vi) Employers and
employees may also be subject to Commonwealth anti‑discrimination
legislation.
(vii) 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’.
26. Secure Employment
- OHS
(i) 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 (i) 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.
(ii) 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
disputes settlement procedure of this award.
(iii) 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.
27. No Extra Claims
The pay increases under this Award are provided on the basis
of a commitment that there shall be no further claims for changes to salaries,
rates of pay or allowances during the nominal term of this Award.
28. Area, Incidence
and Duration
(i) This Award
shall apply to staff of ITSRR employed in the classifications set out in Part
B, Monetary Rates of this Award.
(ii) This Award
shall apply to the total exclusion of any other industrial instrument, except
where specified in this Award.
(iii) The Award
varies all terms and conditions of employment of transferred staff so that the
terms and conditions, save and except for any entitlement to travel passes, are
limited to those terms and conditions of employment provided in this Award.
(iv) This Award
shall take effect on and from 9 July 2009 and shall remain in force until 30
June 2011.
PART B
MONETARY RATES
Schedule 1 - ITSRR
Salaried Officers
|
GRADE
|
|
Rate 1.07.07
|
Rate 1.07.08
|
Rate 1.07.09
|
Rate 1.07.10
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
1st Year
|
35,217
|
36,626
|
38,091
|
39,614
|
|
1
|
2nd Year
|
36,445
|
37,903
|
39,419
|
40,996
|
|
1
|
3rd Year
|
37,720
|
39,229
|
40,798
|
42,430
|
|
1
|
4th Year
|
39,040
|
40,602
|
42,226
|
43,915
|
|
2
|
1st Year
|
40,409
|
42,025
|
43,706
|
45,455
|
|
2
|
2nd Year
|
41,824
|
43,497
|
45,237
|
47,046
|
|
2
|
3rd Year
|
43,285
|
45,016
|
46,817
|
48,690
|
|
2
|
4th Year
|
44,807
|
46,599
|
48,463
|
50,402
|
|
3
|
1st Year
|
46,370
|
48,225
|
50,154
|
52,160
|
|
3
|
2nd Year
|
47,993
|
49,913
|
51,909
|
53,986
|
|
3
|
3rd Year
|
49,672
|
51,659
|
53,725
|
55,874
|
|
3
|
4th Year
|
51,412
|
53,468
|
55,607
|
57,832
|
|
4
|
1st Year
|
53,214
|
55,343
|
57,556
|
59,859
|
|
4
|
2nd Year
|
55,073
|
57,276
|
59,567
|
61,950
|
|
4
|
3rd Year
|
57,003
|
59,283
|
61,654
|
64,121
|
|
4
|
4th Year
|
58,998
|
61,358
|
63,812
|
66,365
|
|
5
|
1st Year
|
61,140
|
63,586
|
66,129
|
68,774
|
|
5
|
2nd Year
|
63,199
|
65,727
|
68,356
|
71,090
|
|
5
|
3rd Year
|
65,542
|
68,164
|
70,890
|
73,726
|
|
5
|
4th Year
|
67,702
|
70,410
|
73,226
|
76,156
|
|
6
|
1st Year
|
70,072
|
72,875
|
75,790
|
78,821
|
|
6
|
2nd Year
|
72,526
|
75,427
|
78,444
|
81,582
|
|
6
|
3rd Year
|
75,060
|
78,062
|
81,185
|
84,432
|
|
6
|
4th Year
|
77,688
|
80,796
|
84,027
|
87,388
|
|
7
|
1st Year
|
80,407
|
83,623
|
86,968
|
90,447
|
|
7
|
2nd Year
|
83,222
|
86,551
|
90,013
|
93,613
|
|
7
|
3rd Year
|
86,135
|
89,580
|
93,164
|
96,890
|
|
7
|
4th Year
|
89,146
|
92,712
|
96,420
|
100,277
|
|
8
|
1st Year
|
92,270
|
95,961
|
99,799
|
103,791
|
|
8
|
2nd Year
|
95,499
|
99,319
|
103,292
|
107,423
|
|
8
|
3rd Year
|
101,471
|
105,530
|
109,751
|
114,141
|
|
8
|
4th Year
|
105,939
|
110,177
|
114,584
|
119,167
|
|
9*
|
1st Year
|
109,649
|
114,035
|
118,596
|
123,340
|
|
9*
|
2nd Year
|
115,538
|
120,160
|
124,966
|
129,965
|
|
9*
|
3rd Year
|
121,509
|
126,369
|
131,424
|
136,681
|
|
9*
|
4th Year
|
125,980
|
131,019
|
136,260
|
141,710
|
*Grade 9 is only applied to staff members classified in that
grade as at 1 July 2008.
Schedule 2 - ITSRR
Senior Officers
|
Grade
|
|
Rate 1.07.07
|
Rate 1.07.08
|
Rate 1.07.09
|
Rate 1.07.10
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
1st Year
|
118,519
|
123,260
|
128,190
|
133,318
|
|
1
|
2nd Year
|
127,706
|
132,814
|
138,127
|
143,652
|
|
2
|
1st Year
|
129,866
|
135,061
|
140,463
|
146,082
|
|
2
|
2nd Year
|
139,025
|
144,586
|
150,369
|
156,384
|
|
3
|
1st Year
|
143,677
|
149,424
|
155,401
|
161,617
|
|
3
|
2nd Year
|
157,714
|
164,023
|
170,583
|
177,407
|
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.
Crown
Employees (Independent Transport Safety and Reliability Regulator) Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Independent
Transport Safety and Reliability Regulator.
(No. IRC 874 of 2009)
|
Before Commissioner
Bishop
|
9 July 2009
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Intent
4. Work
Environment
5. Salaries
and Grades
6. Performance
Development and Evaluation Scheme
7. Working
Hours and Overtime
8. Overtime
9. Recreation
Leave
10. Annual
Leave Loading
11. Sick Leave
12. Family and
Community Service Leave
13. Leave
Without Pay
14. Military
Leave
15. Parental
Leave
16. Religious
or Cultural Obligations
17. Special
Leave
18. Extended
Leave
19. Public
Holidays
20. Workplace
Flexibility
21. Learning
and Development
22. Allowances
23. Trade Union
Activities
24. Grievance
and Dispute Resolution Procedure
25. Anti-Discrimination
26. Secure
Employment - OHS
27. No Extra
Claims
28. Area,
Incidence and Duration
PART B
MONETARY RATES
Schedule 1 - ITSRR Salaried Officers
Schedule 2 - ITSRR Senior Officers
2. Definitions
(i) "Association"
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
(ii) "ITSRR"
means the Independent Transport Safety and Reliability Regulator established by
the Transport Administration Act 1988.
(iii) "Staff"
or "staff members" shall mean person(s) employed by ITSRR under
Section 4B (3) of the Public Sector Employment and Management Act 2002
(NSW) and covered by this Award.
(iv) "Transferred
staff" mean former State Rail Authority staff, former Rail Infrastructure
Corporation staff, former Office of Co-ordinator General of Rail staff or
former Ministry of Transport staff who were transferred to ITSRR on 1 January
2004 under Schedule 6 of the Transport Administration Act 1988.
(v) Chief Executive
means the Chief Executive of ITSRR or their nominee.
3. Intent
This award aims to consolidate, in the one document, the
common conditions of employment of staff and to facilitate, as appropriate,
greater flexibility in the workplace.
4. Work Environment
ITSRR is committed to fostering engagement of staff with the
organisation and its values through the provision of:
(i) interesting
work;
(ii) effective
communication that establishes clear performance expectations and feedback on
performance;
(iii) provision of
an harassment free, cooperative work environment where staff are treated with
dignity and respect;
(iv) employment
conditions that support staff in balancing their work and home commitments;
(v) support for
learning and career development opportunities; and,
(vi) maintaining
accident-free and healthy workplace by:
(a) the development
of policies and guidelines on occupational health, safety and rehabilitation;
(b) pursuing the
objectives of the Occupational Health and Safety Act 2000 and the
Occupational Health and Safety Regulation 2001 by establishing agreed OHS
consultative arrangements to identify and implement safe systems of work, safe
work practices, working environments and appropriate risk management
strategies; and to determine the level of responsibility to achieve these
objectives;
(c) identifying
training strategies for staff members, as appropriate, to assist in the
recognition, elimination or control of workplace hazards and the prevention of
work related injury and illness;
(d) developing
strategies to assist the rehabilitation of injured staff members.
5. Salaries and
Grades
(i) The salaries
payable are prescribed in Part B, Monetary Rates, of this Award.
(ii) The salaries
prescribed in Part B incorporate an increase of 4% to salaries payable with
effect from the first full pay period to commence on or after 1 July 2008 for
existing staff who were employed as at that date and for staff employed after
that date from the date they commenced employment.
(iii) There will be:
(a) A further 4% to
salaries paid under subclause (ii) of this clause, payable with effect from the
first full pay period to commence on or after 1 July 2009.
(b) A further 4%
increase to salaries payable with effect from the first full pay period to
commence on or after 1 July 2010.
(c) No further staff
shall be classified as Grade 9 under this Award.
(d) ITSRR and staff
member(s) can agree to salary sacrifice arrangements.
6. Performance
Development and Evaluation Scheme (PDES)
(i) All staff are
required to participate in the PDES.
(ii) Incremental
progression in salary is subject to obtaining a satisfactory rating under the
PDES at prior 6 monthly or annual performance feedback session.
(iii) ITSRR is
committed to ensuring that PDES is implemented for all staff and that reviews
are conducted as scheduled, so that staff are not disadvantaged for incremental
progression by any delay.
(iv) ITSRR is
committed to supporting learning and development opportunities that are aligned
to ITSRR’s Learning and Development strategies and are agreed and documented
through the PDES.
7. Working Hours and
Overtime
(i) Ordinary hours
of work are currently determined as 35 hours per week.
(ii) Where staff
work under a flexitime arrangement work hours are averaged over a 4 week
period.
(iii) The Chief
Executive may require a staff member to perform duty beyond the hours but only
if it is reasonable for the staff member to be required to do so. A staff
member may refuse to work additional hours in circumstances where the working
of such hours would result in the staff member working unreasonable hours. In
determining what is unreasonable the following factors shall be taken into
account:
(a) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,
(b) any risk to
staff member’s health and safety,
(c) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
(d) the notice (if
any) given by the Chief Executive regarding the working of the additional
hours, and by the staff member of their intention to refuse the working of
additional hours, or
(e) any other
relevant matter.
8. Overtime
(i) The overtime
provisions as set out in the Crown Employees (Public Service Conditions of
Employment) Award as varied, shall
apply.
(ii) Such overtime
shall be approved in advance by the Chief Executive Officer.
9. Recreation Leave
The recreation leave provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Award as varied, shall apply.
10. Annual Leave
Loading
The annual leave loading provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Award as varied, shall apply.
11. Sick Leave
The sick leave provisions as set out in the Crown Employees
(Public Service Conditions of Employment)
Award as varied, shall apply.
12. Family and
Community Service Leave
The Family and Community Service Leave provisions as set out
in the Crown Employees (Public Service Conditions of Employment) Award as
varied, shall apply.
13. Leave Without Pay
The leave without pay provisions as set in the Crown
Employees (Public Service Conditions of Employment) Award as varied, shall apply.
14. Military Leave
The military leave provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Award as varied, shall apply.
15. Parental Leave
Parental leave provisions include Maternity leave and
Adoption Leave. The parental leave
provisions as set out in the Crown Employees (Public Service Conditions of
Employment) Award as varied, shall
apply.
16. Religious Or
Cultural Obligations
The observance of essential religious or cultural
obligations shall be in accordance with provisions in the Crown Employees
(Public Service Conditions of Employment)
Award, as varied.
17. Special Leave
The Special Leave provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Award as varied, shall apply.
18. Extended Leave
(i) General
Extended leave for employees is provided for by
Schedule 5 of the Transport Administration Act 1988.
(ii) Extended Leave
Entitlements
(a) A staff member
who has completed 10 years of continuous service with ITSRR or as recognised in
accordance with paragraph (e) of this subclause is entitled to extended leave
of:
(1) 44 working days
at full pay, or
(2) 88 working days
at half pay, or
(3) 22 working days
at double pay.
(b) For each
additional calendar year of service completed in excess of 10 years, employees
accrue 11 working days extended leave.
(c) Staff members
who have completed at least 7 years of continuous service are entitled to
access the extended leave accrual indicated in paragraph (a) of this subclause
on a pro rata basis of 4.4 working days per completed year of service.
(d) Staff members
who are employed part-time are entitled to extended leave on the same basis as
that applying to a full-time employee but payment for the leave is calculated
on a pro rata basis.
(e) Continuous
service with other NSW government bodies will be recognised by ITSRR in
accordance with Schedule 3A of the Public Sector Employment and Management
Act 2002 (NSW).
(f) Nothing in
paragraph (e) of this subclause entitles a staff member to payment for previous
service recognised where the accrual for that service has previously been taken
as leave or paid out on termination.
(iii) Payment and
Taking of Extended Leave
(a) Subject to ITSRR
approval, extended leave may be taken:
(1) at a time
convenient to the ITSRR;
(2) for a minimum
period of one hour;
(3) at full pay,
half pay or double pay.
(b) Payments will be
increased to reflect any increment action a staff member becomes eligible for
while absent on extended leave.
(iv) Payment or
Transfer of Extended Leave on Termination
(a) A staff member
who is entitled to extended leave on termination of service, including
retirement, is paid the monetary value of the leave as a gratuity, in lieu of
taking the leave.
(b) Staff members
who have at least five years’ service but less than seven years’ service are
paid a pro-rata of the extended leave entitlement if employment is terminated:
(1) by ITSRR for any
reason other than serious and intentional misconduct;
(2) by the staff
member in writing on account of illness, incapacity or domestic or other
pressing necessity; or
(c) on retirement.
19. Public Holidays
The public holidays provisions as set out in the Crown
Employees (Public Service Conditions of Employment) Award as varied, shall apply.
20. Workplace
Flexibility
(i) ITSRR is
committed to providing flexibility in regard to work hours.
(ii) Approval can
be given by the Chief Executive for staff to change to part-time work hours on
a permanent or temporary basis.
(iii) Approval can
be given by the Chief Executive for staff to work from home on a temporary,
fixed term or regular basis. Such
approval is subject to:
(a) appropriate work
is available that can be done at home efficiently without supervision and
without liaison with other staff;
(b) the absence does
not adversely affect the performance of the work group or the provision of
necessary support services to others;
(c) the home
environment or circumstances will not prevent staff from completing an amount
of work equivalent to what would normally be completed in the office
environment; and
(d) staff are
available for telephone consultation and where possible available to return to
the office at short notice.
(iv) All work from
home approvals shall ensure adequate consideration of, and compliance with
occupational health and safety, confidentiality and security provisions.
(v) Where
appropriate, facilities and equipment shall be provided to enable staff to work
at home.
(vi) Approval can be
given by the Chief Executive for staff to take recreation leave at half
pay.
(vii) Approval can be
given by the Chief Executive to staff member requests to purchase additional
leave. The purchased leave provisions
as set out in the Crown Employees (Public Service Conditions of Employment)
Award as varied, shall apply.
(viii) Approval can be
given for staff to use leave without pay to phase-in their retirement.
21. Learning and
Development
Learning and development, including study leave, provisions
as set out clause 85, Staff Development and Training Activities and clause 86,
Study Assistance of the Crown Employees (Public Service Conditions of
Employment) Award as varied, shall
apply.
22. Allowances
Allowances as set out in the Crown Employees (Public Service
Conditions of Employment) Award as varied, shall apply.
23. Trade Union
Activities
The provisions for trade union activities as set out in the
Crown Employees (Public Service Conditions of Employment) Award as varied, including consultation and
technological change and union deductions, shall apply.
24. Grievance and
Dispute Resolution Procedure
(i) 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.
(ii) A staff member
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.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act 1977) that makes it impractical for the staff member to
advise their immediate manager the notification may occur to the next
appropriate level of management or the Executive Director Corporate Services
and Planning.
(iv) This 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.
(v) If the matter
remains unresolved with the immediate manager, the staff member 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 staff member
until the matter is referred to the Chief Executive Officer.
(vi) The Chief
Executive Officer or the Association may refer the matter to mediation.
(vii) If the matter
remains unresolved, the Chief Executive Officer shall provide a written
response to the staff member 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.
(viii) A staff member,
at any stage, may request to be represented by the Association.
(ix) The staff
member or the Association on their behalf or the Chief Executive may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
(x) The staff
member, the Association and ITSRR shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) 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 staff member or
member of the public.
25.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer, including breast feeding.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) Any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) Offering or
providing junior rates of pay to person 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 mattes of unlawful discrimination in any State or federal
jurisdiction.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES
(vi) Employers and
employees may also be subject to Commonwealth anti‑discrimination
legislation.
(vii) 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’.
26. Secure Employment
- OHS
(i) 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 (i) 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.
(ii) 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
disputes settlement procedure of this award.
(iii) 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.
27. No Extra Claims
The pay increases under this Award are provided on the basis
of a commitment that there shall be no further claims for changes to salaries,
rates of pay or allowances during the nominal term of this Award.
28. Area, Incidence
and Duration
(i) This Award
shall apply to staff of ITSRR employed in the classifications set out in Part
B, Monetary Rates of this Award.
(ii) This Award
shall apply to the total exclusion of any other industrial instrument, except
where specified in this Award.
(iii) The Award
varies all terms and conditions of employment of transferred staff so that the
terms and conditions, save and except for any entitlement to travel passes, are
limited to those terms and conditions of employment provided in this Award.
(iv) This Award
shall take effect on and from 9 July 2009 and shall remain in force until 30
June 2011.
PART B
MONETARY RATES
Schedule 1 - ITSRR
Salaried Officers
|
GRADE
|
|
Rate 1.07.07
|
Rate 1.07.08
|
Rate 1.07.09
|
Rate 1.07.10
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
1st Year
|
35,217
|
36,626
|
38,091
|
39,614
|
|
1
|
2nd Year
|
36,445
|
37,903
|
39,419
|
40,996
|
|
1
|
3rd Year
|
37,720
|
39,229
|
40,798
|
42,430
|
|
1
|
4th Year
|
39,040
|
40,602
|
42,226
|
43,915
|
|
2
|
1st Year
|
40,409
|
42,025
|
43,706
|
45,455
|
|
2
|
2nd Year
|
41,824
|
43,497
|
45,237
|
47,046
|
|
2
|
3rd Year
|
43,285
|
45,016
|
46,817
|
48,690
|
|
2
|
4th Year
|
44,807
|
46,599
|
48,463
|
50,402
|
|
3
|
1st Year
|
46,370
|
48,225
|
50,154
|
52,160
|
|
3
|
2nd Year
|
47,993
|
49,913
|
51,909
|
53,986
|
|
3
|
3rd Year
|
49,672
|
51,659
|
53,725
|
55,874
|
|
3
|
4th Year
|
51,412
|
53,468
|
55,607
|
57,832
|
|
4
|
1st Year
|
53,214
|
55,343
|
57,556
|
59,859
|
|
4
|
2nd Year
|
55,073
|
57,276
|
59,567
|
61,950
|
|
4
|
3rd Year
|
57,003
|
59,283
|
61,654
|
64,121
|
|
4
|
4th Year
|
58,998
|
61,358
|
63,812
|
66,365
|
|
5
|
1st Year
|
61,140
|
63,586
|
66,129
|
68,774
|
|
5
|
2nd Year
|
63,199
|
65,727
|
68,356
|
71,090
|
|
5
|
3rd Year
|
65,542
|
68,164
|
70,890
|
73,726
|
|
5
|
4th Year
|
67,702
|
70,410
|
73,226
|
76,156
|
|
6
|
1st Year
|
70,072
|
72,875
|
75,790
|
78,821
|
|
6
|
2nd Year
|
72,526
|
75,427
|
78,444
|
81,582
|
|
6
|
3rd Year
|
75,060
|
78,062
|
81,185
|
84,432
|
|
6
|
4th Year
|
77,688
|
80,796
|
84,027
|
87,388
|
|
7
|
1st Year
|
80,407
|
83,623
|
86,968
|
90,447
|
|
7
|
2nd Year
|
83,222
|
86,551
|
90,013
|
93,613
|
|
7
|
3rd Year
|
86,135
|
89,580
|
93,164
|
96,890
|
|
7
|
4th Year
|
89,146
|
92,712
|
96,420
|
100,277
|
|
8
|
1st Year
|
92,270
|
95,961
|
99,799
|
103,791
|
|
8
|
2nd Year
|
95,499
|
99,319
|
103,292
|
107,423
|
|
8
|
3rd Year
|
101,471
|
105,530
|
109,751
|
114,141
|
|
8
|
4th Year
|
105,939
|
110,177
|
114,584
|
119,167
|
|
9*
|
1st Year
|
109,649
|
114,035
|
118,596
|
123,340
|
|
9*
|
2nd Year
|
115,538
|
120,160
|
124,966
|
129,965
|
|
9*
|
3rd Year
|
121,509
|
126,369
|
131,424
|
136,681
|
|
9*
|
4th Year
|
125,980
|
131,019
|
136,260
|
141,710
|
*Grade 9 is only applied to staff members classified in that
grade as at 1 July 2008.
Schedule 2 - ITSRR
Senior Officers
|
Grade
|
|
Rate 1.07.07
|
Rate 1.07.08
|
Rate 1.07.09
|
Rate 1.07.10
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
1st Year
|
118,519
|
123,260
|
128,190
|
133,318
|
|
1
|
2nd Year
|
127,706
|
132,814
|
138,127
|
143,652
|
|
2
|
1st Year
|
129,866
|
135,061
|
140,463
|
146,082
|
|
2
|
2nd Year
|
139,025
|
144,586
|
150,369
|
156,384
|
|
3
|
1st Year
|
143,677
|
149,424
|
155,401
|
161,617
|
|
3
|
2nd Year
|
157,714
|
164,023
|
170,583
|
177,407
|
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.