Parliamentary
Reporting Staff (Salaries) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Speaker
NSW Legislative Assembly and The President NSW Legislative Council.
(No. IRC 1835 of 2011)
Before The Honourable
Justice Backman
|
12 December 2011
|
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Area, Incidence
and Duration
3. Classifications
and Salaries
4. All
Incidence of Employment Allowance
5. Hours of
Work and Overtime
6. Leave
Entitlements
7. Family and
Community Service Leave, Personal/Carer’s Leave and Flexible Use of other Leave
Entitlements.
8. Saving of
Rights
9. Anti
Discrimination
10. Dispute
Avoidance and Settling Procedures
11. No Extra
Claims
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - All
Incidence of Employment Allowance
2. Area, Incidence
and Duration
(a) This award shall
apply to the employees employed in the classifications specified in clause 3
Classification and Salaries.
(b) This award
rescinds and replaces the Parliamentary Reporting Staff (Salaries) Award
published 28 August 2009 (368 I.G. 1669).
(c) This award shall
take effect on and from 1 July 2011 and the award will remain in force until 30
June 2012.
3. Classifications
and Salaries
(a) The
classification of positions covered by this award are specified in Table 1 -
Salaries of Part B Monetary Rates.
(b) The minimum
salary for employees shall be as set out in Table 1 - Salaries, of Part B,
Monetary Rates.
(c) The payment of
increments under the scale of salaries specified in Table 1 shall be subject to
satisfactory performance and the approval of the Editor of Debates.
4. All Incidence of
Employment Allowance
In addition to the salary rates prescribed in clause 3
Classifications and salaries, employees shall be paid an All Incidence of Employment
allowance as set out in Table 2 - All Incidence of Employment Allowance of Part
B Monetary Rates. This allowance is in respect of all incidents of employment
in recognition of the special features of Hansard work notably the long hours
worked in sitting periods, the level of skills required to be exercised under
sometimes extreme difficulties and the stress and pressure placed on the
Hansard staff during sitting periods through the requirements of the
Parliament. The allowance is to be treated as salary for all purposes. Hansard staff shall, in non-sitting periods,
be required to attend for duty each day unless on approved leave or deemed not
required at the discretion of the Editor of Debates.
5. Hours of Work and
Overtime
(a) The working hours
of staff and the manner of their recording, shall be as determined from time to
time by the Editor of Debates.
(b) Reporting staff
shall, in non-sitting periods, be required to attend for duty each day unless
on approved leave or deemed not required at the discretion of the Editor of
Debates.
(c) The Editor of
Debates may require a staff member to perform extended hours of duty associated
with the sittings of the Houses of Parliament and their Committees, but only if
it is reasonable for the staff member to be required to do so. In determining
what is reasonable, the staff member’s prior commitments outside the workplace,
particularly the staff member’s family responsibilities, community obligations
or study arrangements shall be taken into account. Consideration shall be given
also to the urgency of the work required to be performed during extended
periods of work, the impact on the operational commitments of the organisation
and the effect on client services.
(d) The Editor of
Debates shall ensure that all staff members employed in the department are
informed of the hours of duty required to be worked and of their rights and
responsibilities in respect of such hours of duty.
6. Leave Entitlements
(a) Annual Leave -
Reporting staff shall accrue 30 days annual leave each 12 months of service.
(b) All Reporting
Staff working under job-share arrangements are eligible to the leave
entitlements which will accrue on a pro-rata basis.
(c) An amount of
leave may be taken, on or pro-rata basis, within the first 12 months of service
and during each 12 months of service thereafter, where a sufficient amount of
leave has been accrued up to the date upon which the leave is to be taken.
(d) Except where
otherwise provided by this Award, Reporting staff shall be entitled to the same
leave entitlements as found in clauses 40, 41, 43, 44, 45, 47, 48, 49, 50, and
51 of the Crown Employees (Parliament House Conditions of Employment) Award
2010 or any replacement thereof.
7. Family and
Community Service Leave, Personal/Carer’s Leave and Flexible Use of Other Leave
Entitlements
7.1 Definitions
The definition of "family" and
"relative" for these purposes is the same as that provided in the
Standard Clause of the State Personal/Carer's Leave Case (30 August 1996). The person
who needs the employee's care and support is referred to as the "person
concerned" and is:
(a) a spouse of the
employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
1. 'relative'
means - person related to blood, marriage or affinity;
2. 'affinity'
means - relationship that one spouse because of marriage has to blood relatives
of the other; and
3. 'household'
means - a family group living in the same domestic dwelling.
7.2 Family and
Community Service Leave - general
(a) The Department
Head shall grant to an employee some, or all, of their accrued family and
community services leave on full pay, for reasons relating to unplanned and
emergency family responsibilities or other emergencies in subclause (b). The
Department Head may also grant leave for the purposes in subclause (c).
Non-emergency appointments or duties shall be scheduled or performed outside
normal working hours or through approved use of flexible working arrangements
or other appropriate leave.
(b) Family and
Community Service Leave replaces Short Leave.
An employee is not to be granted family and community
service leave for attendance at court to answer a criminal charge, unless the
Editor of Debates approves the grant of leave in the particular case.
7.3 Family and
Community Service Leave - entitlement.
(a) Family and
community service leave shall accrue as follows:
(i) 2 ½ days in the
employee’s first year of services;
(ii) 2 ½ days in
the employee’s second year of service; and
(iii) one day per
year thereafter.
(b) Family and
Community Service Leave is available to part-time employees on a pro rata
basis, based on the number of hours worked.
(c) Where family and
community service leave has been exhausted, additional paid family and
community service leave of up to 2 days may be granted on a discreet, 'per
occasion' basis to an employee on the death of a person as defined in Clause
7.1 Definitions above.
7.4 Use of sick
leave to care for a sick dependant - general
When family and community service leave, as outlined in
subclause 7.3 above, is exhausted, the sick leave provisions under subclause
7.5 may be used by an employee to care for a sick dependant.
7.5 Use of sick
leave to care for a sick dependant - entitlement
(a) The entitlement
to use sick leave in accordance with this clause is subject to:
(i) the employee
being responsible for the care and support of the person concerned, and
(ii) the person
concerned being as defined in subclause 7.1 Definitions of this clause.
(b) An employee with
responsibilities in relation to a person who needs their care and support shall
be entitled to use sick leave available from that year's annual sick leave
entitlement minus any sick leave taken from that year's entitlement to provide
care and support for such persons when they are ill.
(c) Sick leave accumulates
from year to year. In addition to the current year's grant of sick leave
available under 7.5 (b) above, sick leave accrued from the previous 3 years may
also be accessed by an employee with responsibilities in relation to a person
who needs their care and support.
(d) The Editor of
Debates may, in special circumstances, make a grant of additional sick leave.
This grant can only be taken from sick leave accrued prior to the period
referred to in subclause 7.5(c) above.
(e) The employee shall,
if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such to require care by another person.
(f) The employee
has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or
statutory declaration.
The employee is not required to state the exact nature
of the relevant illness on either a medical certificate or statutory declaration.
(g) The employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(h) In normal
circumstances, the employee must not take leave under this subclause where
another person has taken leave to care for the same person.
7.6 Time Off in Lieu
of Payment for Overtime
There is no provision for time off in lieu of overtime
as clause 4, All incidence of Employment Allowance replaces payment for
overtime with an annual allowance prescribed in this award.
7.7 Use of make-up
time
(a) An employee may
elect, with the consent of the employer, to work "make-up time".
"Make-up time" is worked when the employee takes time off during
ordinary hours for family or community service responsibilities, and works
those hours at a later time, during the spread of ordinary hours, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off during ordinary hours for
family or community service responsibilities and works those hours at a later
time) at the shift work rate which would have been applicable to the hours
taken off.
7.8 Use of other
leave entitlements
The Editor of Debates may grant an employee other leave
entitlements for reasons related to family responsibilities, or community
service by, the employee. An employee may elect, with the consent of the
employer, to take:
(a) recreation
leave;
(b) extended leave;
and
(c) leave without
pay.
7.9 Grievance and
dispute handling process
In the event of any grievance or dispute arising in
connection with any part of the provisions of this determination, such a grievance
or dispute shall be processed in accordance with the grievance and dispute
handling provisions in clause 11 of this award.
8. Saving of Rights
At the time of the making of this award, no employee
covered by this award will suffer a reduction in his or her rate of pay or loss
or diminution in his or her conditions of employment as a consequence of the
making of this award.
9. 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.
(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 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.
(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
10. Dispute Avoidance
and Settling Procedures
While the steps in the procedure are being followed,
normal working arrangements are to continue. However, if because of the nature
of a grievance or dispute it is not possible to maintain normal working
arrangements while the procedure is being followed, the Clerks may authorise
alternative working arrangements.
Step 1
The employee(s) should advise their supervisor as to
the nature of the grievance or dispute, request a meeting to discuss it and
state the remedy sought. Where
possible, the grievance or dispute should be given to the supervisor in
writing.
The supervisor and employee(s) should meet within three
working days of the grievance or dispute being lodged, in an attempt to resolve
the matter.
If the grievance or dispute is not resolved, proceed to
Step 2.
Step 2
A meeting should be held between the employee(s) and, at
their request, a union workplace delegate and the Editor of Debates. This
meeting should be held within five working days of the conclusion of Step 1.
If the grievance or dispute in not resolved, proceed to
step 3.
Step 3
A meeting should be held between the employee(s) and,
at their request, a union workplace delegate and paid union official, and the
Editor of Debates and one or both Clerks and/or their representatives. The
meeting should be held within five working days of the completion of Step 2.
If the grievance is not resolved at this stage, the
Clerks will provide a written response to the employee(s) who lodged the
grievance or dispute. The response will
give reasons why any proposed remedy has not been agreed to or implemented.
If the grievance or dispute is not resolved, proceed to
Step 4.
Step 4
If the parties agree, the grievance or dispute may be
referred to an independent mediator or arbitrator. At this stage, both parties have the right to refer the matter to
the Industrial Relations Commission of New South Wales.
11. No Extra Claims
The parties agree that, during the term of this Award,
there will be no extra wage claims, claims for improved conditions of
employment or demands made with respect to the employees covered by the
Parliamentary Reporting Staff (Salaries) Award and, further, that no
proceedings, claims or demands concerning wages or conditions of employment
with respect to those employees will be instituted before the Industrial
Relations Commission or any other industrial tribunal.
The terms of the preceding paragraph do not prevent the
parties from taking any proceedings with respect to the interpretation,
application or enforcement of existing Award provisions.
PART B
MONETARY RATES
Table 1 - Salaries effective from the first full pay
period after:
Classification
|
1 July 2010
|
1 July 2011
|
|
$
|
$
|
Reporter
|
|
|
1st year of service
|
77,372
|
79,306
|
2nd year of service
|
80,480
|
82,492
|
3rd year of
service
|
84,714
|
86,832
|
4th year of
service
|
88,219
|
90,424
|
5th year of service
|
90,757
|
93,026
|
Senior Reporter
|
93,450
|
95,786
|
Sub Editor
|
100,671
|
103,188
|
Senior Sub Editor
|
106,668
|
109,335
|
Deputy Editor
|
113,237
|
116,068
|
Table 2 - All Incidence of Employment Allowance - all
classifications
1 July 2010
|
1 July 2011
|
$
|
$
|
|
|
15,601
|
15,991
|
A.
F. BACKMAN J
____________________
Printed by
the authority of the Industrial Registrar.