Crown Employees (Institute
Managers in TAFE) Salaries and Conditions Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1619 of 2008)
Before Commissioner
McLeay
|
6 November 2008
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Dictionary
3. Salary
4. Hours of
Work
5. Training
and Professional Development
6. Right of
Private Practice
7. Appointment
and Transfer
8. Performance
Management
9. Appeal
Rights
10. Regression
11. Dispute
Resolution Procedures
12. Discipline
Process
13. Anti-discrimination
14. Deferred
Salary Scheme
15. Leave
16. Filling of
Positions
17. Qualification
Requirements
18. Goods and
Services Tax
19. No Further
Claims
20. Locality/Remote
Areas Allowance
21. Industrial
Rights
22. Special
Fitness and Hard to Fill
23. Deduction
of Union Membership Fees
24. Secure
Employment Test Case – OHS Obligations
25. Area,
Incidence and Duration
PART B
MONETARY RATES
Schedule 1 - Salaries
Schedule
2 - Performance Management for Institute Managers
Schedule 3 - Allowances
2. Dictionary
2.1 "Act"
means the Technical and Further Education Commission Act 1990.
2.2 “Association” means the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales.
2.3 "Department"
means the NSW Department of Education and Training.
2.4 "Employee"
means a person employed in a classification covered by this award.
2.5 “Employer” means
the Crown in the right of the State of New South Wales (the Crown).
2.6 “Federation”
means the New South Wales Teachers Federation.
2.7 "Institute
Manager" means all persons permanently or temporarily employed as
educational leaders and administrative managers in TAFE within the
classification of institute manager as provided for in this Award. Institute
managers have supervisory responsibility for administrative and/or educational
programs and/or staff.
2.8 "Managing
Director" means the Managing Director of TAFE.
2.9 "Unions"
means the New South Wales Teachers Federation and the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales having regard to their respective coverage.
2.10 "Semester"
means the period commencing the first day where teachers return generally from
the Christmas or the mid year vacation period, and ending on the last day of the
next following mid year or Christmas vacation periods.
2.11 "TAFE"
means the TAFE Commission established under the Act.
2.12 "Time off in
lieu" means that period of approved time (hours or days) taken by an
institute manager to make up for a period or periods of work beyond the
standard working hours to undertake the performance of their duties.
3. Salary
3.1 Salaries for
institute managers under this award are as provided for in Schedule 1,
Salaries, of Part B.
3.2 Salary Packaging
For the purposes of this clause
"salary" means the salary or rates of pay prescribed for the
employee's classification by Schedule 1 of this award and any allowances paid
to an employee which form part of the employee’s salary for superannuation
purposes.
3.2.1 An employee may,
by agreement with the employer, enter into a salary packaging arrangement,
including salary sacrifice to superannuation, where they may convert up to 100%
of their salary to:
(a) a motor vehicle
(whether on a business/private split in accordance with subclause 3.3 or a
novated lease under the Department’s salary packaging scheme) and;
(b) the full range
of benefits under the Department’s salary packaging scheme, provided that no
institute manager may package more than one motor vehicle at any given time
whether on a business/private split in accordance with subclause 3.3 or a
novated lease under the employer’s salary packaging scheme.
3.2.2 Any pre-tax and
post-tax payroll deductions must be taken into account prior to determining the
amount of salary available to be packaged. Such payroll deductions may include
but are not limited to, compulsory superannuation payments, HECS payments,
child support payments, judgment debtor/garnishee orders, union fees, health
fund premiums.
3.2.3 The terms and
conditions of the salary packaging arrangement, including the duration as
agreed between the employee and employer, will be provided in a separate
written agreement, in accordance with the Department’s salary packaging
guidelines. Such agreement must be made prior to the period of service to which
the earnings relate.
3.2.4 Salary packaging
must be cost neutral for the employer. Employees must reimburse the employer in
full for the amount of:
3.2.4.1 any fringe benefits
tax liability arising from a salary packaging arrangement; and
3.2.4.2 any
administrative fees.
3.2.5 Where the
employee makes an election to salary package the following payments made by the
employer in relation to an employee shall be calculated by reference to the
annual salary which the employee would have been entitled to receive but for
the salary packaging arrangement:
3.2.5.1 Superannuation
Guarantee Contributions;
3.2.5.2 any
salary-related payment including but not limited to allowances and workers
compensation payments; and
3.2.5.3 payments
made in relation to accrued leave paid on termination of the employee’s
employment or on the death of the employee.
3.3 The
motor vehicle benefit provided for in sub-clause 3.2.1 provides the institute
manager with access to the use of a motor vehicle on a business/private basis
in accordance with TAFE policy.
4. Hours of Work
4.1 The parties
agree that a flexible and adaptive approach in relation to working hours and
working arrangements will be adopted which recognises the professionalism of
institute managers and allows that:
4.1.1 standard
working hours shall be 35 hours per week. The pattern of attendance shall be
agreed between an individual manager and their line manager;
4.1.2 institute
managers shall not be directed to work more than 35 hours in any one week;
4.1.3 where work has
been negotiated with and approved by the line manager to be performed beyond
standard working hours, institute managers are entitled to time off in lieu to compensate
for additional hours worked. Time off in lieu arrangements are to be negotiated
and approved by the line manager in advance and to be taken to meet the
operational requirements of the institute and the personal needs of the
institute manager;
4.1.4 in recognition of
the professional nature of the work the parties agree that time off in lieu
does not accrue in any one week until three additional hours have been worked,
and then it accrues at the rate of one hour for every hour worked. Where a week
includes a public holiday, time off in lieu is to be worked out pro-rata;
4.1.5 time off in lieu
may be taken in single, multiple or part days within one semester of accrual.
In extenuating circumstances, an institute manager may, with the approval of their
line manager and taking into account the needs of the institute, accrue time
off in lieu in excess of a semester;
4.1.6 line managers are
responsible for recording and/or reporting of time off in lieu taken by
institute managers. Institute managers shall have access to these records,
which shall be made available on request.
5. Training and
Professional Development
5.1 The parties
confirm a commitment to training and development for institute managers.
Institute managers recognise their obligation to maintain and update their
professional skills for the benefit of TAFE students and staff.
5.2 The employer
will continue to participate in initiatives to identify competencies for
institute managers in consultation with relevant industry parties.
5.3 The employer is
committed to providing access to and support for professional and management
development training.
5.4 Where the
employer requires professional development, the employer will meet the
compulsory fees involved. Where the professional development opportunity is
voluntary the employer may, at its discretion, refund all or part of the
compulsory fees incurred by the institute managers approved to undertake
approved training and professional development programs.
5.5 Ten working days
shall be provided per annum, which may be accumulated over two years to a
period of 20 days, for institute managers to undertake training and
professional development related to their current and medium term development
needs as identified by the performance agreement, the objectives of which are
set out in Schedule 2 of Part B, Performance Management for Institute Managers.
The professional development activity must be approved by the institute
director in advance, with the time to be taken in minimum periods of half a day
subject to the operating needs of the institute. This does not preclude access
to other professional development opportunities provided by the employer.
5.6 Institute
managers undertaking courses of study who require arrangements different to those
in subclause 5.5 may apply to the employer for special consideration. The
employer shall consider these requests on a case-by-case basis.
5.7 Institute
managers employed as at the time of the making of the 2001 Crown Employees (Institute Managers in TAFE) Salaries and Conditions
Award (327 IG 872) with an existing balance of professional development
time of up to 30 days may utilise this time as provided for in subclause 5.5 of
this award. Following the utilisation of this balance, professional development
time will accrue on the basis provided for in subclause 5.5 of this award.
6. Right of Private
Practice
6.1 Institute
managers may apply to their institute directors for the right of private
practice in accordance with the Department's Private and Secondary Employment
policy.
6.2 Institute
managers may negotiate with their line manager to undertake some teaching as a
part-time casual and/or OTEN contract teacher. The line manager shall consider
such requests on a case by case basis having regard to the following factors:
6.2.1 the institute
manager has expressed a wish to return to teaching on a full-time basis in the
near future;
6.2.2 the institute
manager requests such an arrangement in order to maintain and/or develop their educational
and/or managerial effectiveness;
6.2.3 the institute
manager possesses specialist knowledge/experience relevant to the employer's
educational needs.
7. Appointment and
Transfer
7.1 The filling of
vacant positions of institute manager will be by way of a competitive selection
process based on merit, subject to the provisions of the TAFE NSW Recruitment
and Staff Selection policy.
7.2 A person who is
not an officer and is appointed to an institute manager’s position shall be
appointed for a minimum probationary period of one year. Confirmation of their
position shall depend on completion of a satisfactory annual review, pursuant
to Clause 8, Performance Management.
7.3 Nothing in this
award shall operate to remove the right of the employer to transfer an
institute manager to meet the operating needs of the employer or remove
existing rights to entitlements as provided in the Transferred Officers
Compensation Managing Director of TAFE Determination No.4 of 2001.
7.4 Institute
managers who wish to seek transfer will be considered by the employer on a case
by case basis.
7.5 Where the
employer directs an institute manager to transfer, the institute manager shall
have access to a Transfer Review Panel.
7.6 In assessing an
application for transfer, the institute director or delegate will assess the
institute manager’s skills and other attributes against the selection criteria
for the position and if matched, can directly appoint or if in doubt can
proceed to merit selection.
7.7 The institute
manager has no right of appeal for non-appointment should a transfer
application not be approved.
8. Performance
Management
8.1 The performance
of institute managers will be reviewed annually under a performance management
scheme, the objectives of which are set out in Schedule 2, Performance
Management for Institute Managers, of Part B Monetary Rates.
9. Appeal Rights
9.1 For positions
with salary equivalent to or below that applicable to the maximum salary for
Clerk Grade 12, institute managers shall have access to the Government and
Related Employees Appeal Tribunal in terms specified by the Government and
Related Employees Appeal Tribunal Act 1980.
9.2 For positions
above the salary level for maximum Clerk Grade 12, staff have a right of appeal
to the Managing Director where such appointment would involve a salary increase
for the appellant or the prospective appointee. Such appeals will be managed in
accordance with TAFE’s appeals process as agreed by the parties.
10. Regression
10.1 Staff wishing to
regress to positions below institute manager classifications should express
their interest to the relevant institute director who will consider the
request, along with others, whenever an appropriate vacancy occurs.
11. Dispute
Resolution Procedures
11.1 Subject to the
provisions of the Industrial Relations Act 1996 the following procedures shall apply:
11.1.1 Should any dispute
(including a question or difficulty) arise as to matters occurring in a
particular workplace, the institute manager and/or the relevant union’s
workplace representative shall raise the matter with the appropriate line
manager as soon as practicable.
11.1.2 The line manager
shall discuss the matter with the institute manager and/or the relevant union’s
workplace representative within two working days with a view to resolving the
matter or by negotiating an agreed method and time frame for proceeding.
11.1.3 Should the above
procedure be unsuccessful in producing resolution of the dispute, question or
difficulty or should the matter be of a nature which involves multiple
workplaces, then the institute manager and or the relevant union may raise the
matter with an appropriate officer of TAFE at the Institute level with a view
to resolving the dispute, or by negotiating an agreed method and time frame for
proceeding.
11.1.4 Where the
procedures in sub clause 11.2.3 of this clause do not lead to resolution of the
dispute, the matter shall be referred to the Deputy Director-General, Workforce
Management and Systems Improvement of the Department and the General Secretary
of the Federation and the General Secretary of the Association. They or their
nominees shall discuss the dispute, question or difficulty with a view to
resolving the matter or by negotiating an agreed method and time frame for
proceeding.
11.2 Should the above
procedures not lead to a resolution, then either the Department or the
Federation or the Association may apply to the Industrial Relations Commission
of New South Wales.
12. Discipline
Process
12.1 The parties
recognise that the following two discipline processes have application in TAFE
and will be applied to institute managers;
12.2 The procedure
applicable to members of staff of the employer whose conditions of employment
are determined by the Crown Employees (Teachers in TAFE and Related
Employees) Salaries and Conditions Award 2006, or any successor instruments
to the said award; or
12.3 The procedure
that applies to all other members of staff which is specified in Part 2.7 of
the Public Sector Employment and Management Act 2002.
13.
Anti-Discrimination
13.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
13.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed in clause 11 of 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.
13.3 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.
13.4 Nothing in this
clause is to be taken to affect:
any conduct or act which is specifically exempted from
anti-discrimination legislation;
offering or providing junior rates of pay to persons
under 21 years of age;
any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977.
a party to this award from pursuing matters of unlawful
discrimination in any state or federal jurisdiction.
13.5 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.
14. Deferred Salary
Scheme
14.1 Institute
managers may seek to join the Department’s deferred salary scheme.
14.2 Successful
applicants may defer twenty per cent of their salary for the first four years
and be paid the deferred salary in the fifth year.
14.3 The deferred
salary scheme does not apply to temporary institute managers.
15. Leave
15.1 Annual Recreation
leave - Annual recreation leave shall be in accordance with the Annual
Holidays Act 1944 and TAFE
policy.
15.2 Extended leave -
Extended leave shall be in accordance with the Act.
15.3 Sick leave -
15.3.1 Sick
leave at the rate of fifteen working days paid sick leave per calendar year
i.e. 1 January to 31 December. The full annual entitlement is available from 1
January each year (not accrued on a monthly basis). The unused component of the
annual entitlement is fully cumulative.
15.3.2 Where
an institute manager requires sick leave additional to the annual or cumulative
entitlement provided in sub clause 15.3.1 above in cases of long-term illness,
they may apply to the employer for special sick leave. Such requests will be
considered by the employer on a case-by-case basis.
15.4 Family and
Community Service Leave
15.4.1 General - The institute
director or nominee may grant family and community service leave for the
following purposes:
(a) for reasons
related to the family responsibilities of the institute manager; or
(b) for reasons
related to the performance of community service by the institute manager; or
(c) for reasons of
pressing necessity.
Family and community service leave replaces short
leave.
15.4.2 Quantum - The
amount of family and community service leave available to an institute manager
shall be either:
(a) 2.5 days during
the first year of service and five days in any period of two years after the
first year; or
(b) after two years
of continuous service, one day of family and community service leave for each completed
year of service less the total amount of short leave or family and community
service leave previously granted to an institute manager;
whichever is the greater period.
Where such leave is exhausted, sick leave in accordance
with subclause 15.5.1 may be used.
Family and community service leave is not to be taken
for attendance at court to answer a criminal charge, unless the institute
director or nominee approves such leave in the particular case.
15.5 Personal Carer’s
Leave -
15.5.1 Use of
Sick Leave - An institute manager may use the available sick leave from the
current year plus any accumulated sick leave from the previous three years to
provide care and support for family members when they are ill. Such illness
shall be supported, if required, by a medical certificate or statutory
declaration that the illness is such as to require the care by another person
for a specified period. The choice of medical certificate or statutory
declaration is the institute manager’s. Neither the medical certificate nor
statutory declaration is required to reveal the exact nature of the illness.
Wherever practicable, prior notice of the intention to take leave should be
given.
The entitlement to use sick leave in accordance with
this subclause is subject to:
(a) the institute
manager being responsible for the care of the person concerned; and
(b) the person
concerned being:
(1) a spouse of the
institute manager; or
(2) 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
(3) a child or an
adult (including an adopted child, a stepchild, a foster child or an ex nuptial
child), parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the institute manager or spouse or de facto spouse of
the institute manager; or
(4) a same sex
partner who lives with the institute manager as the de facto partner of that
institute manager on a bona fide domestic basis; or
(5) a relative of
the institute manager who is a member of the same household where, for the
purposes of this section:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse, because of marriage, has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
An institute manager shall, wherever practicable, give
the institute director or nominee 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 institute manager, the reasons for taking such
leave and the estimated length of absence. If it is not practicable for the
institute manager to give prior notice of absence, the institute manager shall
notify the institute director or nominee of such absence at the first
opportunity on the day of absence.
15.5.2 Use of
Other Leave - To care for an ill family member, an institute manager may also
use recreation, extended leave or leave without pay with the consent of the
institute director.
15.5.3 Use of
Time in Lieu - To care for an ill family member, an institute manager may also,
with the institute director’s consent, take accrued time in lieu as provided
for in subclauses 4.1.4 and 4.1.5 of this award.
15.6 Bereavement Leave
-
15.6.1 An
institute manager shall be entitled to up to two days bereavement leave on each
occasion of the death of a person prescribed in subclause 15.5.1 above,
provided that for the purpose of bereavement leave, the institute manager need
not have been responsible for the care of the person concerned.
15.6.2 The
institute manager must notify the institute director or nominee as soon as
practicable for the intention to take bereavement leave and shall, if required
by the institute director or nominee, provide to the satisfaction of the institute
director or nominee proof of death.
15.6.3 An
institute manager shall not be entitled to bereavement leave under this clause
during any period in respect of which the institute manager has been granted
other leave.
15.6.4 Bereavement
leave may be taken in conjunction with other leave available under this clause.
In determining such a request the institute director or nominee shall give
consideration to the circumstances of the institute manager and the reasonable
operational requirements of the employer.
16. Filling of
Positions
16.1 Positions which
have been affected by a workplace change will be filled in accordance with the
Department's Displaced and Excess Staff Management Procedures.
16.2 Positions not
filled through the provisions of subclause 16.1 of this award shall be filled
as follows:
16.2.1 Displaced/Excess
Staff - The regional human resources manager will determine if there are any
suitable vacancies using the corporate employees service centre weekly vacancy spreadsheet.
The manager will then proceed in accordance with the procedures at subclause
16.1.
16.2.2 Regression
- Where the position has not been filled by the preceding steps, institute
managers who are seeking regression will be eligible for priority consideration
for appointment to vacant positions. Further details are contained in TAFE’s
transfer and regression policy.
16.2.3 Staff
Selection (Recruitment) Action - Where no appointment has been made through the
process identified in subclauses 16.2.1 and 16.2.2, the position will be
advertised within TAFE.
16.2.4 Staff
Selection (Recruitment) Action - Where no appointment has been made through the
processes identified in subclauses 16.2.1, 16.2.2 and 16.2.3, the position will
be advertised externally.
16.3 Nothing in
subclause 16.2 shall limit the appeal rights of institute managers, which are
set out in clause 9, Appeal Rights.
17. Qualification
Requirements
17.1 Qualifications
for positions shall accurately reflect the requirements of the position and
conform to equal employment opportunity principles. Any artificial barriers to
promotion should be removed.
17.2 The qualification
requirements of positions shall be reviewed by the employer from time to time
in consultation with the unions.
18. Goods and
Services Tax
18.1 The parties shall
monitor the overall impact of the Commonwealth Government’s goods and services
tax through the term of the award. In the event that the Industrial Relations
Commission makes a State decision (as defined by section 49 of the Industrial
Relations Act 1996) having
regard to the impact on wages of the goods and services tax, the unions reserve
the right to make application to the Industrial Relations Commission in
relation to that decision.
19. No Further Claims
19.1 Except as
provided by the Industrial Relations Act 1996, prior to 31 December 2008,
there shall be no further claims by the parties to this Award for changes to
salaries, rates of pay, allowances, or conditions of employment in relation to
matters expressly contained in this award.
20. Locality/Remote
Areas Allowance
20.1 Institute
managers currently receiving the allowances contained in Schedule 3, Allowances
of Part B - Locality Allowances - Tables 1, 2 and 3, shall continue to receive
these allowances for as long as they continue in their current position at
their existing location. Institute managers appointed on or after 29 May 2001
shall be paid the remote areas allowances as contained in Table 4 of Schedule 3
of Part B, Allowances as adjusted in line with adjustments to the public
service remote areas allowance as contained in clause 41 of the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2006 or any variations to or successor
instruments to the said award.
20.2 Institute
managers currently receiving the remote areas allowance as contained in Table 4
of Schedule 3, Part B, Allowances shall continue to receive this allowance
while remaining in their current position at their existing location.
21. Industrial Rights
21.1 Union
Representatives -
21.1.1 An
accredited union representative at the place in which he/she is employed shall,
upon notification thereof to his/her employer, be recognised as an accredited
union representative.
21.1.2 An
accredited union representative shall be allowed the necessary time during
working hours to interview the employer or his/her representative on matters
affecting employees.
21.1.3 An
accredited union representative shall be allowed a reasonable period of time
during working hours to interview a duly accredited union official.
21.2 Consultative and
Other Committee Work -
21.2.1 Where
an institute manager is required by the employer, nominated by the union or
otherwise selected by staff to participate in work-based consultative or like
committees, the employer shall provide such staff with paid leave to attend to
such matters.
21.2.2 In
addition, where such committees unanimously agree to undertake a particular
project consistent with its terms of reference, the employer shall provide
sufficient paid time to enable the institute manager to undertake the project.
22. Special Fitness
and Hard to Fill
22.1 A position will
be regarded as "hard to fill" when it has been advertised once
throughout TAFE and twice throughout New South Wales in the major press and no
appointment has been made.
22.2 When a position
has been identified as "hard to fill" in accordance with subclause
22.1 of this clause, the employer will review the position in order to ensure
that the current position description and accountabilities appropriately
reflect the nature of the position. Where appropriate, job redesign will follow
and the new position will be advertised in the normal manner.
22.3 Where job
redesign has not been deemed to be appropriate, the employer or nominee may
offer an allowance of up to ten per cent of the maximum salary of the position
when it is next advertised.
22.4 The allowance
will be paid to the selected applicant for as long as he/she remains in the
advertised position.
23. Deduction of
Union Membership Fees
23.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
23.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
23.3 Subject to 23.1
and 23.2 above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
23.4 Monies so
deducted from employees' pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
23.5 Unless other arrangements
are agreed to by the employer and the union, all union membership fees shall be
deducted on a fortnightly basis.
23.6 Where an employee
has already authorised the deduction of union membership fees from his or her
pay prior to this clause taking effect, nothing in this clause shall be read as
requiring the employee to make a fresh authorisation in order for such
deductions to continue.
24. Secure Employment
Test Cases - OHS Obligations
(i) For the
purposes of this clause, 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.
(ii) If the
employer engages a labour hire business and/or a contract business to perform
work wholly or partially on the employer’s premises, the employer 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.
(iii) Nothing in
this clause 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.
(iv) 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.
(v) 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.
25. Area, Incidence
and Duration
25.1 This award
applies to all persons employed in the classification of institute manager. The
award shall take effect on and from 1 January 2006 and shall remain in force
until 31 December 2008.
25.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Crown Employees (Institute Managers in TAFE)
Salaries and Conditions Award 2006 published 28 July 2006 (360 I.G. 384), as
varied.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 6 November 2008.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
PART B
MONETARY RATES
Schedule 1 - Salaries
Institute Managers
|
Salary from the
first pay
|
Salary from the first
pay
|
Salary from the
first pay
|
|
period to commence
|
period to commence on
|
period to commence
on
|
|
on or after 1.1.06
|
or after 1.1.07
|
or after 1.1.08
|
Increase
|
4%
|
4%
|
4%
|
|
$
|
$
|
$
|
Level 1
|
95,376
|
99,191
|
103,159
|
Level 2
|
102,574
|
106,677
|
110,944
|
Level 3
|
107,974
|
112,293
|
116,785
|
Level 4
|
115,173
|
119,780
|
124,571
|
Level 5
|
122,371
|
127,266
|
132,357
|
Schedule 2 - Performance Management for Institute Managers
1. Introduction
The scheme establishes a framework for individuals to plan
their work performance and the provision of objective feedback. It also
facilitates training and career development.
2. Objectives of
Performance Management
The objectives of performance management are to support the
professional development of institute managers and to enhance the performance
of the employer. All institute managers shall participate in the scheme. The
performance management scheme will provide an effective means for institute
managers to understand, reflect upon and improve their performance through
developmental processes and to understand the role, accountabilities and
standards that are expected of them.
The performance management process is a collaborative
process between the line manager and the institute manager. The line manager
will exercise leadership by working together with the institute manager to
implement the performance management scheme and to provide continuing support
and feedback to the officer. The institute manager in consultation with the
line manager will identify appropriate targets and monitor their progress,
requesting assistance as needed.
The major outcomes of the performance management process
will be the identification of developmental needs of the institute manager, the
development strategies to support these needs, feedback on performance and
achievements. The process will also enhance the productivity, effectiveness and
efficiency of the employer to meet changing industry and community needs.
The objectives are to:
establish clear individual performance goals linked to,
and consistent with, the employer’s goals and priorities and institute’s plans
and objectives;
identify each institute manager’s current and medium
term development needs (in relation to the organisation and self), and career
goals and develop strategies to support these needs;
assist with the achievement of the employer’s long term
objectives and annual priorities;
provide for each institute manager, a valid basis for
performance assessment against job-related criteria; and
provide job-related guidance and performance feedback
in a continuing way.
The scheme will reflect and support the employer’s overall
objectives as set out in:
the Department’s and TAFE’s Strategic Plans;
annual priorities; and
institutes' management plans.
The scheme is an ongoing process and consists of three major
components:
developing the performance agreement;
review process; and
feedback.
Appropriate training will support implementation of the
scheme.
Schedule 3 - Allowances
1. Definitions - for
the Purpose of this Schedule:
1.1 "Dependent
child" means, unless otherwise defined in the award, a child of which an
institute manager is a parent and who is resident with and wholly maintained by
such institute manager and either is under the age of sixteen years or is a
full time student under the age of eighteen years or is completing their school
studies up to and including Year 12.
1.2 "Dependent
partner" means a person who is resident with and substantially reliant
upon an institute manager for their financial support, being either the
institute manager's spouse or a person whom the relevant institute director or
nominee is satisfied is cohabiting otherwise than in marriage with the
institute manager in a permanent de facto and bona fide domestic relationship.
1.3 "Married
couple" means and shall include an institute manager and their spouse or a
person whom the relevant institute director or nominee is satisfied is
cohabiting otherwise than in marriage in a permanent de facto and bona fide
domestic relationship.
Table 1 - Locality
Allowances - Climatic
Climatic Allowances (Hot
|
TAFE Colleges or TAFE Campuses located in the Western Division
of
|
Summer Temperatures)
|
New South Wales at the following locations: Boggabilla,
Bourke,
|
|
Broken Hill, Cobar, Coonabarabran, Coonamble, Condobolin,
Moree,
|
|
Nyngan, Walgett, Warren, Wilcannia
|
|
On and From
|
4%
|
4%
|
4%
|
|
1.1.05 per
|
from the first
|
from the first
|
from the first
|
|
annum
|
pay period
|
pay period
|
pay period to
|
|
|
to commence
|
to commence
|
commence
|
|
|
on or after
|
on or after
|
on or after
|
|
|
1.1.06
|
1.1.07
|
1.1.08
|
|
$
|
$
|
$
|
$
|
Single or married with
|
928
|
965
|
1,004
|
1,044
|
independent non-teaching
|
|
|
|
|
Partner
|
|
|
|
|
Married with dependent
|
1,097
|
1,141
|
1,187
|
1,234
|
partner
|
|
|
|
|
Married with teaching partner
|
549
|
571
|
594
|
618
|
Isothermic (Cold Winter
|
TAFE Colleges or TAFE Campuses within a zone of New South
Wales
|
Temperatures)
|
established by the 0º Celsius July Average Minimum
Temperatures at
|
|
the following locations: Armidale, Bathurst, Cooma, Glenn
Innes,
|
|
Inverell, Tenterfield
|
Single or married with
|
469
|
488
|
508
|
528
|
independent non-teaching
|
|
|
|
|
partner
|
|
|
|
|
Married with dependent
|
626
|
651
|
677
|
704
|
partner
|
|
|
|
|
Married with teaching
|
313
|
326
|
339
|
353
|
partner
|
|
|
|
|
Table 2 -Locality
Allowances - Isolation from Socio-economic Goods and Services
Isolation from Socio-
|
|
Economic Goods and
|
|
Services Allowance
|
|
Single or married with
|
On and from
|
4% from the
|
4% from the
|
4% from the
|
independent non-teaching or
|
1.1.05 per
|
first pay period
|
first pay period
|
first pay period
|
teaching partner
|
annum
|
to commence on
|
to commence on
|
to commence on
|
|
|
or after 1.1.06
|
or after 1.1.07
|
or after 1.1.08
|
|
$
|
$
|
$
|
$
|
Wilcannia
|
2,742
|
2,852
|
2,966
|
3,085
|
Goodooga
|
2,437
|
2,534
|
2,635
|
2,740
|
Brewarrina
|
1,220
|
1,269
|
1,320
|
1373
|
Bourke
|
916
|
953
|
991
|
1,031
|
Boggabilla
|
613
|
638
|
664
|
691
|
Cobar, Dunedoo, Nyngan,
|
305
|
317
|
330
|
343
|
Warren
|
|
|
|
|
Married with dependent
|
|
|
|
|
partner
|
|
|
|
|
Wilcannia
|
5,483
|
5,702
|
5,930
|
6,167
|
Goodooga
|
4,874
|
5,069
|
5,272
|
5,483
|
Brewarrina
|
2,440
|
2,538
|
2,640
|
2,746
|
Bourke
|
1,832
|
1,905
|
1,981
|
2,060
|
Boggabilla
|
1,226
|
1,275
|
1,326
|
1,379
|
Cobar, Dunedoo, Nyngan,
|
610
|
634
|
659
|
685
|
Warren
|
|
|
|
|
Dependent children for
|
|
|
|
|
married institute manager
|
|
|
|
|
with dependent partner
|
|
|
|
|
Wilcannia
|
|
|
|
|
First Child
|
318
|
331
|
344
|
358
|
Subsequent Child
|
202
|
210
|
218
|
227
|
Goodooga
|
|
|
|
|
First Child
|
269
|
280
|
291
|
303
|
Subsequent Child
|
151
|
157
|
163
|
170
|
Dependent children for single
|
|
|
|
|
or married institute manager
|
|
|
|
|
with independent non-
|
|
|
|
|
teaching or teaching partner
|
|
|
|
|
Wilcannia
|
|
|
|
|
First Child
|
159
|
165
|
172
|
179
|
Subsequent Child
|
101
|
105
|
109
|
113
|
Goodooga
|
|
|
|
|
First Child
|
135
|
140
|
146
|
152
|
Subsequent Child
|
76
|
79
|
82
|
85
|
Table 3 - Locality
Allowances - Motor Vehicles Depreciation
Motor Vehicles Depreciation
|
On and from
|
4% from the
|
4% from the
|
4% from the
|
|
1.1.05 per
|
first pay period
|
first pay period
|
first pay period
|
|
annum
|
to commence on
|
to commence on
|
to commence on
|
|
$
|
or after 1.1.06
|
or after 1.1.07
|
or after 1.1.08
|
|
|
$
|
$
|
$
|
Applies to TAFE
|
|
|
|
|
Colleges or TAFE
|
|
|
|
|
Campuses at
|
1,638
|
1,704
|
1,772
|
1,843
|
Wilcannia and
|
|
|
|
|
Goodooga only
|
|
|
|
|
Remote Areas
Allowance - Public Service Allowances
Effective 1.7.08
Table 4 - Remote
Areas Allowance
1.
Grade A Allowances
|
1. Grade B
Allowances
|
1. Grade C
Allowances
|
(a)
With dependents:
|
(a) With dependents:
|
(a) With
dependents:
|
$1,659
per annum
|
$2,201 per annum
|
$2,939 per annum
|
(b)
Without dependents:
|
(b) Without
dependents
|
(b) Without
dependents:
|
$1,157
per annum
|
$1,543 per annum
|
$2,059 per annum
|
All other locations situated
on or
|
Locations
|
Locations
|
to the west of a line
starting from
|
|
|
the right bank of the Murray
River
|
Angledool
|
Fort Grey
|
opposite Swan Hill and then
|
Barringun
|
Mootwingee
|
passing through the following
|
Bourke
|
Mount Wood
|
towns or localities in the
following
|
Brewarrina
|
Nocoleche
|
order: Conargo, Coleambally,
|
Clare
|
Olive Downs
|
Hay, Rankins Springs,
Marsden,
|
Enngonia
|
Tibooburra
|
Condobolin, Peak Hill,
Nevertire,
|
Goodooga
|
Yethong
|
Gulargambone, Coonabarabran,
|
Ivanhoe
|
|
Wee Waa, Moree, Warialda,
|
Lake Mungo
|
|
Ashford and Bonshaw and
|
Lightning Ridge
|
|
includes a place situated in
any
|
Louth
|
|
such town or locality.
|
Mungindi
|
|
|
Pooncarie
|
|
Locations
|
Redbank
|
|
|
Walgett
|
|
All others within the above
but not
|
Wanaaring
|
|
covered in the Category B or
C
|
Weilmoringle
|
|
allowances.
|
White Cliffs
|
|
|
Wilcannia
|
|
|
Willandra
|
|
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.