Crown Employees (NSW Department of Primary Industries) Mine Safety and Environment Officers Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 576 of 2007)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Title

2.         Preamble

3.         Definitions

4.         Parties to the Award

5.         Salaries

6.         Scope of Employment

7.         Appointment of Officers

8.         Progression of Officers

9.         Mine Safety and Environment Committee

10.       Review of Qualifications and Competencies

11.       Qualifications and Competencies - Acquisition and Maintenance

12.       Hours of Duty

13.       Mine Backshift Inspections

14.       Overtime, On Call and Call Out Arrangements

15.       Grading and Evaluation of Positions

16.       Department Induction Seminars

17.       Grievance and Dispute Settling Procedures

18.       Anti-Discrimination

19.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

SCHEDULES

 

Schedule 1 - Appropriate Qualifications

Schedule 2 - Statutory Requirements, Tertiary Qualifications and Competency-based Training Programme

 

PART A

 

1.  Title

 

This award shall be known as the Crown Employees (NSW Department of Primary Industries)Mine Safety and Environment Officers) Award.

 

2.  Preamble

 

This award is made in recognition by the parties of the major structural reform resulting from the implementation of the Mine Safety Review Report tabled in the NSW Parliament on 9 April 1997. The award also recognises:

 

changes in duties, work practices, responsibilities, accountabilities;

 

appointment and promotion based on the acquisition of competencies;

 

creation of the classification of Mine Safety Officer;

 

separation of the occupational health and safety and environmental functions; and

 

in establishing rates of pay in this award, regard has been had to the rates of pay applicable to the mining industry,

 

for officers employed under the award.

 

3.  Definitions

 

(i)         "Act" means the Public Sector Employment and Management Act 2002.

 

(ii)        "Appropriate Qualifications" are those qualifications relevant to the classifications under this award, which are:

 

required by officers in order to fulfil the Department’s responsibilities under the Mines Inspection Act 1901, Coal Mines Regulation Act 1982, or any relevant legislation enacted by the NSW Parliament during the term of this award; or

 

from time to time identified and agreed as appropriate by the Department Head, following a review carried out by the Mine Safety and Environment Committee in accordance with clause 10, Review of Qualifications and Competencies; or

 

otherwise recognised for progression purposes by the Department Head, in accordance with subclause (3) of clause 8, Progression of Officers.

 

Current qualifications deemed appropriate to be held by officers under this award are set out in Schedule 1.

 

(iii)       "Association" means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

(iv)       "Backshift", for the purpose of this award, is a mine-working shift which either commences or finishes outside the Department’s business hours of 8.30 a.m. and 4.30 p.m., Monday to Friday.

 

(v)        "Department" means the NSW Department of Primary Industries, as specified in Schedule 1 of the Public Sector Employment and Management Act 2002.

 

(vi)       "Department Head" means the Director-General of the NSW Department of Primary Industries.

 

(vii)      "Director" means Director of Mine Safety Operations.

 

(viii)     “DPE” means the Director of Public Employment, as established under the Public Sector Employment and Management Act 2002.

 

(ix)       "Inspector" means and includes all persons permanently or temporarily employed under the provisions of the Public Sector Employment and Management Act 2002 who occupy positions of Inspector of Coal Mines, Inspector of Mines (Metalliferous), Electrical Inspectors and Mechanical Inspectors with the Department as described in the Mines Inspection Act 1901, Coal Mines Regulation Act 1982, and Mining Act 1992 or may be classified as an Inspector or described by a new definition or description resulting from a variation or amendment to the aforesaid Acts and Regulation, or by new or other legislation.

 

(x)        "Job Evaluation" means an accredited system agreed to between the parties, to grade the positions of officers employed under this award.

 

(xi)       "Mine", for the purposes of this award, is the description contained in the Mines Inspection Act 1901, Coal Mines Regulation Act 1982 and the Mining Act 1992.

 

(xii)      "Committee" means the Mine Safety and Environment Committee comprising the Director, or nominee, two Grade 4 Inspectors and three representatives of the Association or as otherwise comprised by agreement between the Department and the Association with the functions and responsibilities described in clause 9, Mine Safety and Environment Committee.

 

(xiii)     "Normal Work", for the purposes of clause 17, Grievance and Dispute Settling Procedures, will be work carried out in accordance with the officer’s position or job description at the location where the officer was employed at the time the grievance or dispute was notified by the officer.

 

(xiv)     "Normal Working Hours" are the ordinary hours of work performed in accordance with clause 12, Hours of Duty.

 

(xv)      "Officer" means and includes all persons permanently or temporarily employed under the provisions of the Public Sector Employment and Management Act 2002 who are appointed to positions classified under this award in the NSW Department of Primary Industries.

 

(xvi)     "Position" means a position as dealt with in s.9 of the Public Sector Employment and Management Act 2002

 

(xvii)    "Public Service" means the Public Service of New South Wales as defined in the Public Sector Employment and Management Act 2002.

 

(xviii)   "Regulation" means the Public Sector Employment and Management (General) Regulation 1996.

 

(xix)      "Service" means continuous service.

 

(xx)       "Salary Rates" means the ordinary-time rate of pay for the officer's grading and includes allowances for work conducted during a mine backshift, and for being on call outside normal working hours for the Grade 2, 3 and 4 officers described in subclause (1) of clause 12, Hours of Duty.

 

4.  Parties to the Award

 

The parties to this award are the DPE and the Association.

 

5.  Salaries

 

The rates of salary shall be paid to officers appointed to the positions specified as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

6.  Scope of Employment

 

(1)        Employment will be either on a full-time, permanent part-time, part-time (on part-time leave without pay), or part-time (with part-time maternity leave) basis. Temporary staff may be employed as Inspectors should the need arise.

 

(2)        Officers may be required to undertake the full range of related work activities within the classification and grading.

 

7.  Appointment of Officers

 

Appointment to any position covered by this award will be subject to a person or officer satisfying the requirements of the Public Sector Employment and Management Act 2002, Section 361 of the Mining Act 1992, or Section 32(2) of the Mines Inspection Act 1901, or clause 7(1) (a)-(d) inclusive of the Coal Mines Regulation Act 1982, or as may be otherwise determined or prescribed by legislation enacted by the NSW Parliament, or in accordance with the recommendations of the Mine Safety Review.

 

8.  Progression of Officers

 

(1)        Progression Between Grades - Progression of officers between each Grade in this award will be on the basis of merit selection, and subject to a vacancy, provided officers meet the qualifications criteria listed in Schedule 1 applicable to the Grade to which they are appointed, or as otherwise determined in accordance with paragraph (a) of subclause (3) of this clause.

 

(2)        Progression Within Grades - Progression of officers within a Grade of this award will be subject to completion of 12 months' satisfactory service at each level within a Grade, with the following exceptions:

 

(a)        Officers who have completed 12 months' satisfactory service at Grade 1 Level 7 will only progress to Grade 1 Level 8 if they possess the qualifications prescribed in Schedule 1, or have their qualifications or competencies accepted for progression from Grade 1 Level 7 to Grade 1 Level 8, in accordance with subclause (2) of clause 10, Review of Qualifications and Competencies.

 

(3)        Progression of Grade 1 Officers following a Qualifications or Competencies Review -

 

(a)        An officer may apply to the Director in writing to request a review of their qualifications or competencies for progression from Grade 1 Level 7 to Grade 1 Level 8. Following receipt of the officer’s application, the Director will convene a meeting of the Committee established in accordance with clause 9, Mine Safety and Environment Committee, to consider an officer’s qualifications, not listed in Schedule 1, or to determine whether an officer possesses the competencies described in Schedule 2, and the relevant experience required, for progression to Grade 1 Level 8.

 

(b)        The Committee will review the officer’s application for progression in accordance with procedures and timeframe established by the Committee, in consultation with the officer, and make recommendations to the Department Head.

 

(c)        The Department Head may approve, or not approve, the Committee’s recommendation on an officer’s qualifications within 15 working days of receipt of the Committee’s report.

 

The Department Head will provide officers who fail to have their qualifications accepted for progression with written grounds and reasons for the decision within 15 working days of the determination.

 

(d)        The date of progression for an officer from Grade 1 Level 7 to Grade 1 Level 8, recommended for progression in accordance with this subclause, will be:

 

(i)         in accordance with paragraph (a) of subclause (2) of this clause; or

 

(ii)        following any lawful order or determination by the Industrial Relations Commission of New South Wales.

 

(e)        Nothing in this clause will prevent the Department Head progressing any officer(s) from Grade 1 Level 7 to Grade 1 Level 8, who meets any new, varied, amended or otherwise altered qualifications introduced after this award is made, in accordance with legislation enacted by the NSW Parliament.

 

9.  Mine Safety and Environment Committee

 

(1)        A Mine Safety and Environment Committee will be formed by the parties to this award, with the following functions and responsibilities:

 

(a)        The Committee will act as a forum of consultation between the Department and Association for the implementation of the recommendations of the Mine Safety Review Report, and for:

 

(b)        the development of a team structure and team management approach to the organisation of officers’ work and the discharge of their responsibilities:

 

(i)         officers’ workplan development, trialling, review and implementation;

 

(ii)        the review of officers’ work practices; and

 

(iii)       the development, implementation, and ongoing review of training, professional development, competency units and elements, competency curriculum development, competencies acquisition, competency assessment, and competency maintenance programs, considered appropriate for officers employed under this award; and

 

(c)        a review of appropriate qualifications and competencies for the appointment, progression and promotion of officers employed under this award in accordance with clause 10, Review of Qualifications and Competencies.

 

(2)        The Committee will meet every month, or as otherwise agreed between the parties to this award, or as otherwise required in accordance with this clause, paragraph (a) of subclause (3) of clause 8, Progression of Officers, or the said clause 10.  The business of the meeting will be conducted as follows:

 

(a)        The Director, or nominee, will be the Committee chairperson.

 

(b)        The Department will provide a person, other than a management representative, to record the Committee’s minutes. Minutes will be circulated to Committee members within 10 working days of each meeting.

 

(c)        A draft Committee agenda will be circulated at least seven working days, or as otherwise agreed by the Committee, prior to a Committee meeting. Agenda items will be accepted up until two working days prior to a meeting.

 

(d)        The Committee will, as far as possible, attempt to reach decisions and resolve outstanding issues by consensus.

 

(e)        The Committee may co-opt any other officer employed by the Department, or invite any person to assist the Committee in carrying out its functions and responsibilities or to assist in resolving a grievance or dispute. The Committee will make recommendations to the Department Head arising from its functions and responsibilities.

 

(3)        If a dispute or grievance between representatives on the Committee remains unresolved, the Association and Department representatives will attempt to resolve a grievance or dispute with the Department Head, and in accordance with clause 17, Grievance and Dispute Settling Procedures.

 

10.  Review of Qualifications and Competencies

 

(1)        The Committee will review the suitability of existing and future qualifications and/or competencies for the appointment and progression of officers employed by the Department.

 

(a)        The Department Head will receive recommendations agreed to by the Committee before making a decision to:

 

(i)         vary, amend, or otherwise alter qualifications or competencies for officers employed under this award listed in Schedules 1 and 2, respectively; or

 

(ii)        identify new competency requirements for any group of officers employed under this award; and

 

all such matters will be determined within three calendar months, or as otherwise agreed to by the Committee.

 

(2)        The Committee will also make recommendations to the Department Head:

 

(a)        to recognise, or not recognise, an officer’s qualifications or competencies for progression from Grade 1 Level 7 to Grade 1 Level 8, following a review of the officer’s qualifications or competencies in accordance with the provisions of paragraph (a) of subclause (3) of clause 8, Progression of Officers; and

 

(b)        on resolving any difficulty, grievance, dispute or special circumstances related to the acquisition or maintenance of qualifications or competencies by any officer employed under this award.

 

11.  Qualifications and Competencies - Acquisition and Maintenance

 

(1)        The Department Head will, subject to the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006, be responsible for providing suitable study leave arrangements for officers to either acquire qualifications prescribed in Schedule 1, or determined by the Committee in accordance with clause 10, Review of Qualifications and Competencies, for:

 

(a)        an officer’s progression, within a grade, in accordance with paragraph (a) of subclause (2) or paragraph (a) of subclause (3) of clause 8, Progression of Officers; or

 

(b)        an officer to be eligible for promotion to a higher grade.

 

(2)        The Department Head will grant paid study leave necessary for officers to maintain any qualifications or competencies for the officers to comply with any legislative requirement imposed on an officer in the Mines Inspection Act 1901, Coal Mines Regulation Act 1982, or Mining Act 1992 or any new legislation related to the officers regulating either safety and/or environmental standards at mine sites in NSW, or occupational health and safety for persons employed in the mining industry in NSW.

 

(3)        An officer who has not acquired, or maintained, competencies which are required in Schedule 2, through circumstances beyond their control, will continue to be employed at the same Grade and Level, and have their service recognised, for a maximum of 12 months.

 

12. Hours of Duty

 

(1)        All officers employed full-time under this award, occupying a Grade 2, 3 or 4 position, other than officers who occupy a position as Grade 2, Inspector (Environment), will be required to work 35 hours between Monday and Sunday of any week, unless otherwise directed, or required to work additional hours in accordance with clause 14, Overtime, On Call and Call Out Arrangements. These provisions also apply to the grades and classifications of officers described in subclause (2) who act in a higher graded position or classification.

 

(2)        All officers employed full-time under this award who occupy a Grade 1 position, or; a Grade 2 position, classified as Inspector (Environment), will be required to work 35 hours during the Department's normal business hours, Monday to Friday. Officers, with the approval of the Director, may work either standard hours or under the flexible working hours agreement applicable to the Department.

 

(3)        The Department Head may permit any officer employed under the provisions of subclause (1) of clause 6, Scope of Employment, who enters into a permanent part-time work agreement with the Department to vary the hours of work on any day, alter the days or number of days during a week, in which the officer previously carried out full-time work or was normally on duty, and alter any other work arrangement pursuant to clause 13, Mine Backshift Inspections, and/or subclauses (1) or (4) of clause 14, Overtime, On Call and Call Out Arrangements.

 

13.  Mine Backshift Inspections

 

(1)

 

(a)        All officers whose hours of duty are prescribed in accordance with subclause (1) of clause 12, Hours of Duty, who are required to carry out an inspection of a mine, may be required to conduct 25 per cent of their total number of inspections in a calendar year, during the operation of a backshift at a mine, on any day a mine backshift is operating.

 

(b)        All officers whose hours of duty are prescribed in accordance with subclause (2) of the said clause 12 may be directed, or rostered, to carry out an inspection of a mine during the operation of a mine backshift.

 

(2)        An officer whose hours of duty are prescribed in subclause (1) of clause 12, who carries out inspections of a mine during the operation of a mine backshift at any time outside the Department's normal business hours, will not be required to be on duty, either at a mine or at the officer's headquarters, after completing seven hours of duty on any day between 12.00 midnight Sunday and 12 midnight Friday, inclusive, unless otherwise directed by a senior officer or other person, or they are otherwise required to meet a provision of the Mines Inspection Act 1901 or the Coal Mines Regulation Act 1982.

 

(a)        The time required for the officer to carry out an inspection of a mine during the operation of a mine backshift on any Saturday, Sunday or public holiday will count as part of the officer's hours of duty performed in accordance with subclause (1) of clause 12.

 

(b)        All time during which an officer is directed to carry out inspections at a mine during a backshift, in accordance with paragraphs (a) and (b) of subclause (1) of this clause, in excess of the 25 per cent of the officer's total number of inspections occurring in any calendar year, will be calculated in accordance with paragraph (ii) of subclause (2) of clause 14, Overtime, On Call and Call Out Arrangements.

 

14.  Overtime, on Call and Call Out Arrangements

 

(1)        All officers who occupy, or temporarily act in, Grades 2, 3 and 4 positions, other than Grade 2 Inspector (Environment), who are required to carry out inspections or investigations at mines, are required to be available to be contacted outside the Department's normal business hours to ensure that the provisions of the Mines Inspection Act 1901 and the Coal Mines Regulation Act 1982 are met, unless unavailable due to any form of approved leave, approved Departmental activity or agreed permanent part-time work arrangement.

 

(2)        An officer, as described in subclause (1) of this clause, who is either directed or required by a senior officer of the Department, or requested by another person, to inspect mines, carry out investigations at mines or deal with any matter pursuant to the Mines Inspection Act 1901 or Coal Mines Regulation Act 1982 other than in accordance with clause 13, Mine Backshift Inspections, will be compensated with time off in lieu provisions in accordance with subclause (3) of this clause for overtime where the officer is directed or required to work on a Saturday, Sunday, public holiday or outside the Department's normal business hours.

 

Overtime will be calculated from the time the officer leaves their normal place of residence, any other place where the officer has finished work on a normal working day, or place where the officer is contacted outside the Department's normal business hours, and will be calculated to the nearest quarter hour; and

 

(a)        overtime for an officer in accordance with the said subclause (1) will finish at the time the officer returns to their normal place of residence, or other place where the officer commenced work, outside the Department's normal business hours; or

 

(b)        all time during which an officer is directed to work in excess of ten hours on a normal working day, or in excess of 35 hours in a normal working week shall be calculated as overtime.

 

(3)        An officer may accumulate time in lieu entitlements worked in accordance with this clause and exhaust time in lieu entitlements separately or, with any period of recreation or extended leave subject to Department approval. An officer shall make every reasonable effort to exhaust accumulated leave in lieu entitlements progressively. Officers may also be directed to exhaust any accumulated entitlement at a time that is convenient to the Department.

 

The Department will require an officer to exhaust any outstanding leave in lieu entitlement following notice of resignation or retirement, and prior to the resignation or retirement of the officer.

 

(4)        The Department Head may remunerate any officer whose overtime arrangements are prescribed in subclause (2) of this clause for all, or part of, overtime worked in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 if it is mutually agreed between the officer and the Department Head. For all other purposes, other than the provisions stated in subclauses (2) and (3) of this clause, the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 will continue to apply to officers described in subclause (1) of this clause.

 

(5)        All officers whose hours of duty are prescribed in subclause (2) of clause 12 who are either required or directed or rostered to carry out an inspection of a mine during the operation of a mine backshift, or otherwise directed to work overtime, shall be subject to the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006  for all overtime worked, to meet the test case standards in regard to reasonable hours. All officers who elect to be compensated by time in lieu may accumulate and exhaust entitlements in accordance with subclause (3) of this clause.

 

15.  Grading and Evaluation of Positions

 

Positions will be graded and evaluated according to an appropriate accredited job evaluation methodology or any other system agreed between the parties during the term of this award.

 

16.  Department Induction Seminars

 

The Department will give the Association a minimum of two weeks written notice of proposed induction seminars for new officers.

 

The Department will allocate an agreed period of time during induction seminars for a member of the Association's Departmental Committee, or an officer of the Association, to address officers on the Association's role as an industrial organisation of employees and distribute Association membership forms and publications relating to membership benefits and services.

 

17.  Grievance and Dispute Settling Procedures

 

(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 within the appropriate Department, if required.

 

(2)        An officer 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.

 

(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 officer 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.

 

(4)        The immediate manager, or other appropriate officer, 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.

 

(5)        If the matter remains unresolved with the immediate manager, the officer 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. The officer may pursue the sequence of reference to successive levels of management until the matter is referred to the Department Head.

 

(6)        The Department Head may refer the matter to the DPE for consideration.

 

(7)        If the matter remains unresolved, the Department Head shall provide a written response to the officer 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.

 

(8)        An officer, at any stage, may request to be represented by the Association.

 

(9)        The officer or the Association on their behalf, or the Department Head may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

(10)      The officer, Association, Department and DPE shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

(11)      Whilst the procedures outlined in subclauses (1) to (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, or, in the 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 officer or member of the public.

 

18.  Anti-Discrimination

 

(1)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age and responsibilities as a carer.

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(4)        Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation. 

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

19.  Area, Incidence and Duration

 

(1)        This Award shall apply to all the classifications as defined herein.

 

(2)        The Officers regulated by this award shall be entitled to the conditions of employment as set out in this   award and, except where specifically varied by this award, existing conditions are provided for under the Public Sector Employment and Management Act 2002, Public Sector Employment and Management (General) Regulation 1996, Crown Employees (Public Service Conditions of Employment)  Reviewed Award 2006 and the Crown Employees (Public Sector - Salaries 2007) Award; or any awards replacing these awards.

 

(3)        This Award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Mine Safety and Environmental Officers - Department of Mineral Resources) Award published on 11 March 2005 (349 I.G. 36) and all variations thereof.

 

(4)        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 the New South Wales on 28 April 1999 (310 IG 359) take effect on 31 July 2007.

 

(5)        This Award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

The salaries set out below, shall apply on the first pay period on or after 1 July 2007, in accordance with the provisions of the Crown Employees (Public Sector - Salaries 2007) Award be paid to officers appointed to the positions specified.

 

 

Schedule 1

 

APPROPRIATE QUALIFICATIONS

 

The following qualifications apply for the purpose of employment of officers under this award, unless otherwise varied, in accordance with clause 10, Review of Qualifications and Competencies, or by legislation enacted by the New South Wales Parliament:

 

(1)        the qualifications for officers prescribed in s. 8, Coal Mines Regulation Act 1982, and s. 32, Mines Inspection Act 1901; and/or

 

(2)        an appropriate degree, diploma or associate diploma which is relevant to the Mining Act 1992, granted by a recognised university or other tertiary institution.

 

Schedule 2

 

STATUTORY REQUIREMENTS, TERTIARY QUALIFICATIONS AND COMPETENCY-BASED TRAINING PROGRAMME

 

(a)        Statutory Requirements - As determined by the Mines Inspection Act 1901 and Coal Mines Regulation Act 1982, listed in Schedule 1, or in accordance with further relevant legislation as enacted by the NSW Parliament as a requirement for appointment or progression of an officer in accordance with clause 7, Appointment of Officers, subclause (1) of clause 8, Progression of Officers, or may be otherwise recognised for progression in accordance with subclause (3) of the said clause 8.

 

(b)        Tertiary Qualifications - Qualifications obtained at a university or tertiary institution listed in Schedule 1, or which is otherwise recognised for progression purposes in accordance with subclause (3) of clause 8.

 

(c)        Competency-based Training Programme - Competency Units and Elements - The Department’s training programme is designed for officers to progressively acquire competencies during their progression within a Grade with the aim to make each officer competent to progressively perform the full range of duties and responsibilities relevant to their Grade and be competent and eligible for promotion to a higher Grade, subject to subclause (1) of clause 8.

 

The competency-based training programme for each Grade and Level within a Grade is based on the competency units and elements in this subclause, and has been developed in accordance with clause 9, Mine Safety and Environment Committee. An officer's competency- based training programme for a year shall be included in their annual Performance Management Workplan. The officer must be capable of demonstrating that they can effectively use all the competencies relevant to their Grade by the time the officer has completed 12 months' service at the last Level of each Grade.  All competencies described for each Grade in this subclause are relevant to the Grade.

 

The competency elements and units which constitute the competency-based training programme for each Grade of Mines Inspectors (M) and Environment Inspectors (E) covered by this award, are listed as follows:

 

(i)         Gathering and analysing information - Grades 1, 2, 3 and 4 (M and E) - Identify, gather and analyse relevant information and draw logical conclusions.

 

Competency elements:

 

build co-operative working relationships with industry;

 

identify actual and potential deficiencies in site occupational health and safety management/environmental degradation;

 

accurately collate data from field observations;

 

prepare clear and concise written reports, which include conclusions and recommendations.

 

(ii)        Enforcement - Grades 1, 2, 3 and 4 (M and E) - The competencies for this element are abilities to police and utilise the legislative and statutory provisions, when required, to explain to all persons employed at a mine the employer and employee responsibilities under these provisions, and to prosecute any employer, employee or other person at a mine whom the officer has reason to believe has committed an offence under the legislation and/or statutory provisions.

 

Competency elements:

 

detailed understanding of the Department and an officer's statutory requirements and responsibilities;

 

written and verbal communication skills to be able to communicate requirements and suggest solutions;

 

knowledge and skills to assist Department legal officers, or counsel, to prosecute a matter before a Court;

 

interpret legislation into "user friendly" language.

 

(iii)       Safety Management Systems Reviews - Grades 2, 3 and 4 (M) - Skills, knowledge and experience to conduct high level reviews of management systems for comprehensive mine safety systems.  The term "review", in this instance, relates to audit, analysis, critique and correction.

 

Competency elements:

 

build and maintain co-operative working relationships with mining industry management at a senior level;

 

interpersonal and technical knowledge and skills to advise, guide and lead junior officers and employers and employees engaged in the mining industry;

 

effectively plan, anticipate and identify issues, opportunities, implications and solutions;

 

use personal initiative and knowledge, skills and experience to advise mine management and mine employees on implementing solutions;

 

can successfully assess and analyse the design, development, management, control, documentation and communication of work practices, policies, programmes, procedures, training and resourcing;

 

effectively review progress of projects against planned and statutory obligations for occupational health and safety, provide a clear and concise analysis of the findings and implement corrective strategies with mine management and employees;

 

successfully audit operational safety monitoring systems, provide a clear and concise analysis of the findings and implement corrective strategies;

 

identify, monitor and acknowledge sustained improvements in mine site safety and work practices.

 

(iv)       Audit and Assessment Training (Safety/Environment) - Grades 2, 3 and 4 (M and E) - Successful completion of an Audit and Assessment Course, approved by the Mine Safety and Environment Committee, conducted by an external body.

 

Competency elements:

 

satisfactory completion of a course with an emphasis on safety management systems.

 

(v)        Field Exercise - Grades 2 and 3 (M) - Completion of a safety management systems review, approved by the Mine Safety and Environment Committee, conducted at a mine site and assessed in accordance with Schedule 3.

 

Competency elements:

 

successfully review, assess and analyse an approved safety management system under implementation at a mine site and document corrective strategies.

 

(vi)       Integrated Management Systems Analysis - Grades 2, 3 and 4 (M and E) - Knowledge, experience and skill required to investigate, analyse, judge and redirect integrated management systems influencing or acted upon by industry and legislative external factors, which may include occupational health and safety considerations.

 

Competency elements:

 

work with industry management at a senior level;

 

use interpersonal and technical knowledge and skills to advise, guide and lead junior officers, mine management and employees;

 

effectively plan, anticipate and identify issues, opportunities, implications and solutions, use personal initiative and knowledge, skills and experience to implement solutions;

 

successfully assess and analyse the design, development, management, control, documentation and communication of work practices, policies, programmes, procedures, training and resourcing;

 

effectively review progress of projects against planned and statutory obligations covering environmental issues at mine sites, provide a clear and concise analysis of the findings and implement corrective strategies;

 

successfully audit operational environmental monitoring systems, provide a clear and concise analysis of the findings and assist mine management and employees to implement corrective strategies;

 

identify, monitor and acknowledge sustained improvements in environmental performance and mining practices;

 

knowledge of emergency safety procedures and operations in a mine.

 

(vii)      Understanding of Safety Management Systems - Grades 1 to 4 (E) - Demonstrated knowledge and understanding of the role of the Department's inspection and support services and the safety management system review process.

 

Competency element:

 

knowledge and understanding of mining occupational health and safety issues, how improvements are influenced and achieved by Inspectorate initiatives, and how occupational health and safety programmes relate to other Department programmes.

 

(viii)     Management Requirements Grades 3 and 4 (M and E) - An officer will be required to exhibit the knowledge, experience and skills required to successfully pursue the implementation of best practice by the mining industry in occupational health and safety, environmental protection and resource management.

 

Competency elements:

 

can take responsibility and be accountable for decisions;

 

successful promotion of the Department and enhance its credibility with stakeholders;

 

persuade others on major issues and encourage and manage debates with stakeholders.

 

effectively delegate responsibility, empower other officers and build co-operative working relationships;

 

experience and knowledge to actively contribute to the training and skills acquisition of junior officers, and professional development;

 

inspire team cohesion and maintain good morale and motivation of individual officers and teams;

 

communicate to junior officers and the industry the Department's direction and purpose, and the ability to sponsor and direct major initiatives;

 

maintain focus in reviewing progress of Department or industry initiatives;

 

develop, or adapt to and communicate on, changes of policy or new strategies, methods or initiatives which identify new solutions or contribute to continuous improvement in resolving mine occupational health and safety or environmental issues;

 

knowledge, experience and understanding of Department management practices and their application;

 

apply objective judgement in balancing potential industry gains with potential industry risks;

 

communication skills to liaise, communicate and negotiate with all stakeholders to achieve effective outcomes;

 

understanding and knowledge to apply Public Service procedures, protocols and requirements to junior officers and other stakeholders.

 

(ix)       Advanced Team Leadership Training (Grade 3 M and E) -

 

Competency element:

 

Officers will have attended and successfully completed an externally conducted Advanced Team Leadership Course, approved by the Mine Safety and Environment Committee.

 

(x)        Mine Safety Management Systems Abilities - Grade 2 (M) - Officers will have to demonstrate a high level of knowledge and understanding of the operation and function of the Department's inspection and support services and the safety management system review process, and further demonstrate knowledge and understanding in industrial safety management systems generally.

 

Competency elements:

 

high level of knowledge and understanding of mining occupational health and safety Issues, and how improvements can be either influenced or achieved by the Department's Inspectorate;

 

comprehensive knowledge and experience in industrial safety management systems;

 

attendance at a combination of internal and external training courses in relation to safety management systems.

 

(xi)       Major Project Capabilities - (Grade 3 M and E) - Skills required to design, implement, manage and successfully conclude a project which has significant impact on the mining industry, or the operations of the Department's Mine Safety and Environment Division.

 

Competency elements:

 

effectively design a complex project using technical skills and experience;

 

modify the project design to suit alternative suggestions without compromising the project;

 

accept full management responsibility for the project;

 

develop and maintain an efficient programme of work;

 

implement and maintain best practice occupational health and safety/environmental standards;

 

maintain probity and complete the project;

 

achieve project completion within set timeframe and budget parameters.

 

 

 

R. W. HARRISON  D.P.

 

 

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Printed by the authority of the Industrial Registrar.