CROWN EMPLOYEES (NATIONAL PARKS AND WILDLIFE SERVICE) FIELD OFFICERS AND SKILLED TRADES 2000 AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 5632 of 2003)

 

 

REVIEWED AWARD

 

1.  Title

 

This award shall be known as the Crown Employees (National Parks and Wildlife Service) Field Officers and Skilled Trades 2000 Award.

 

2.  Arrangement

 

Clause No. Subject Matter

 

1. Title

2. Arrangement

3. Definitions

4. Salaries

5. Allowances

6. Progression

7. Appointment

8. Higher Duties

9. Project Teams

10. Hours

11. Pattern of Hours

12. Variation of Hours

13. Meal Breaks

14. Rest Breaks

15. Temporary Work Arrangements

16. Temporary Employees

17. Public Holidays

18. Public Service Holiday

19. Part-Time Working Arrangements

20. Job Sharing

21. Overtime

22. Standby for Kosciuszko National Parks Municipal Services Managed by the Resort Group and Skilled Trades Employees

23. Standby Associated with Incidents

24. Annual Leave

25. Concessional Leave

26. Travelling Compensation Leave

27. Sick Leave and Special Sick Leave

28. Contact with Employees on Parental and Maternity Leave

29. Family and Community Service Leave

30. Leave Without Pay

31. Incident Conditions

32. Working from Home

33. Overtime at Home

34. Employer Sponsored Child Care

35. Dependant Care

36. Families and Field Work

37. Training and Development

38. Study Assistance

39. Training Competency

40. Workforce Planning

41. Anti-Discrimination

42. Redundancy Entitlements

43. Information Technology

44. Workplace Accommodation

45. Service Housing

46. Consultation and Monitoring

47. Grievance and Disputes Procedure

48. Deduction of Union Membership Fees

49. Saving of Rights

50. Area, Incidence and Duration

 

3.  Definitions

 

"Accommodation" means - Home, place of abode or residential address, Commercial: hotel/motel/guest house, or an Established/Non Established camps

 

"Allocated Days Off" means the day/s off that the employee who works set patterns of hours as detailed in this award has off each settlement period as a result of that employee accruing the necessary hours.

 

"Campaign" means those incidents where shift work is introduced by the Incident Controller.

 

"Crew" means a group of up to five officers assigned under the control of a Crew Leader to undertake incident management duties.

 

"Crew Leader" means an officer responsible for leading a crew to implement a strategy.  The Crew leader ensures the work is undertaken efficiently and safely, and is responsible for managing and recording the crew’s operations.

 

"Crew Member" means an officer diverted from their day-to-day activities to undertake work associated with the management of an incident.

 

"Daily contract hours" are the number of ordinary hours of work an employee is required to perform on an ordinary working day.

 

"Dependant" means a partner, husband, wife, child, elderly parent or family member with a disability.

 

"Director-General" means the Director-General of the National Parks and Wildlife Service or an officer acting under the delegation of the Director-General.

 

"Dispute" is a disagreement between employees and the Service concerning the employment relationship.

 

"Division Commander" means an officer who is under the direction of an Operations Officer and who is responsible for a number of sectors to which specific work tasks are allocated.

 

"Duty Officer" means an officer rostered for duty or operating after hours, as directed by the Director-General or their nominee, to serve as co-ordinator of the Director-General's emergency response organisation by receiving and passing on reports and other information, alerting reserve resources where necessary, liaising with other organisations involved in emergency response performing normal duties as required.

 

"Employee" means and includes all persons permanently or temporarily employed by the National Parks and Wildlife Service, under the provisions of the Public Sector Employment and Management Act 2002.

 

"Family" means a group of persons of common ancestry, or all persons living together in one household or a primary social group consisting of parents and their offspring.

 

"Fieldwork" refers to work undertaken in the field in an area away from an employee's normal work location, and which precludes the employee from returning to his normal place of abode at the conclusion of each shift.

 

"Grievance" is any workplace problem which causes an employee concern.

 

"Incident" means an unscheduled activity such as wildfire suppression, wildlife rescue, flood and storm relief, search and rescue, cetacean stranding, accident and substance spill attendance, or as otherwise approved by the Director-General. (N.B.  Does not include hazard reductions)

 

"Incident Controller" means an officer responsible for incident activities including the development and implementation of strategic decisions and for approving the ordering and releasing of resources.

 

"Incident duties" means all work involved in emergency incidents effort in which there is Service participation from when an event is declared an incident until it is declared over by the Incident Controller.  Duties may include: the initial reporting, reconnaissance, organisation of resources, control, mop-up, patrol to completion of incident duties, and may involve office duties in the organisation and direction of the emergency response as well as work at the scene.

 

"Logistics Officer" means an officer responsible for providing facilities, services, and materials in support of the incident.

 

"Monday to Friday Workers" are employees whose ordinary hours of work are Monday to Friday inclusive.

 

"Nominated working place" means the location where an employee normally commences work.

 

"Ordinary working hours"  means the average number of hours the employee is required to work each week.

 

"Operations Officer" means an officer responsible for the management of all operations directly applicable to the incident.

 

"Parties" means the National Parks and Wildlife Service and the Australian Workers’ Union - Greater NSW Branch.

 

"Planning Officer" means an officer responsible for the collection, evaluation, dissemination and use of information about the incident and status of resources.

 

"Project team" is a team of employees established to work on a designated project.

 

"Public Employment Office" means a body corporate constituted under Section 49A of the Public Sector Management Act 1988.

 

"Rostered Day Off" means the day/s of the week that the employee is not required to work, except those days that are taken as approved leave, time in lieu, flexi day or as an allocated day off.

 

"Sector Commander" means an officer who is responsible for implementation of the designated portion of the Incident Action Plan, allocation of resources within the sector, and reporting on progress of command operations and status of resources within the sector.

 

"Senior Manager" means and includes all officers employed under this Agreement who occupy a position which has been evaluated using the Service's points factor job evaluation system at 650 or more OCR points and occupy a position which is designated as managerial by the Director-General.

 

"Service" means the NSW National Parks and Wildlife Service.

"Settlement Period" is the 4 week roster period.

 

"7 Day Roster Workers" are employees whose ordinary hours of work may be worked on any day, Monday to Sunday (inclusive).

 

"Standby" means when an officer has been directed by the Director-General, or their nominee, to be available outside normal working hours for immediate call-out or response.

 

"Union" The Australian Workers’ Union - Greater NSW Branch

 

4.  Salaries

 

(i)         No employee's substantive salary will drop on entering into the Award.

 

(ii)        Salaries will be those set out in Annexures 1-2.

 

(iii)       The salary rates are all inclusive of the following allowances:

 

Diving

 

Kosciusko

 

Dry Cleaning

 

Flying

 

all allowances detailed in the Crown Employees (Skilled Trades) Award within the Crown Employees Wages Staff (Rates of Pay) Award 2002 except tool allowance and asbestos allowances which will continue to be paid in accordance with the Crown Award.

 

(iv)       Salaries for Flight Officer, Law Enforcement, Field Officer and Ranger classifications are inclusive of leave loading.

 

5.  Allowances

 

(i)         Expense related allowances will be indexed from 1 July each year by the amount for the national Consumer Price Index, as published by the Bureau of Statistics.

 

A.       Boot Allowance

 

(i)         A boot allowance is payable to any employee who works in the field where suitable boots are not provided by the Service.  The allowance is to be a maximum of $100 per pair of boots, on condemnation of the previous pair, endorsed by the Area, Unit, Regional or Divisional Manager.

 

B.       Field Allowance

 

(i)         This allowance replaces camping allowance contained in Clause 12 (iii) and (iv) of the Crown Employees (Public Service Conditions of Employment) Award 2002 .

 

(ii)        This allowance is payable when an employee is required to stay overnight at a place other than their place of abode or commercial accommodation.

 

(iii)       The amounts payable per day of 24 hours, or part thereof (which must involve an overnight stay), are:

 

(a) where meals are provided by the Service, $50 or $2.08 per hour

 

(b) where meals are not provided by the Service, $80 or $3.33 per hour

(iv)      The Service will provide the necessary equipment, as per the Personnel Handbook.

 

(v)       In the exceptional circumstances where equipment is not supplied, no additional allowance is payable.

 

D.       Remote Area Allowance

 

(i)         The remote areas allowance seeks to compensate staff for increased costs of living, the climatic conditions of areas designated "remote" and the level of disturbance to partners and family.

 

(ii)        Remote area means the area of the State of N.S.W. situated on or to the west of a line starting from the right bank of the Murray River opposite Swan Hill and then passing through the following towns or localities in the following order, namely, Conargo, Coleambally, Hay, Rankins Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, and includes a place situated in any such town.  It also includes Nadgee, Montague Island and Lord Howe Island.

 

(iii)       The allowances specified in subclause (v) of this clause, will be paid to those employees who meet the criteria set out in the Personnel Handbook and who live in a remote area as defined in subclause (v) of this clause.

 

(iv)      The allowance replaces the Commonwealth allowance paid to employees on Lord Howe Island.

 

(v)       The rates of the allowances will be:

 

Grade	With Dependants	Without Dependants
A	$3,000	$2,100
B	$4,000	$2,800
C	$5,000	$3,500

 

Grade "A"	All locations in remote areas, as defined, except those specified as
	Grade B or C and including Nadgee.

 

For the purpose of this Award the following locations will be included in Grades "B" and "C".

 

Grade "B"	is payable to employees living in the following locations:
	Angledook, Barrigun, Bourke, Brewarrina, Clare, Engonia, Goodooga,
	Ivanhoe, Lake Mungo, Lightening Ridge, Louth, Mungindi, Pooncarie,
	Redbank, Walgett, Wanaaring, Weilmoringle, White Cliffs, Wilcannia,
	Willandra, and including Menindee, Kinchega, Macquarie Marshes and
	Gunderbooka
Grade "C"	is payable to employees living in the following locations:
	Fort Grey, Mootwingee, Mount Wood, Nocoleche, Olive Downs,
	Tibooburra, Yathong and including Witta Brinna, Tarawi, Irymple,
	Lord Howe Island and Montague Island

 

(vi)      Should staff be located in other remote locations not specified in this Award, the grading for payment will be determined between management and the relevant unions.

 

 

 

 

 

6.  Progression

 

A.             Progression for skilled trades classification

 

(i)       Progression within levels, grades or classes shall be by annual increment unless otherwise specified in Annexure 1.

 

(ii)       Increments shall be processed by supervisors within one (1) month of receipt.

 

(iii)       If increments are not processed within two (2) months of the due date, the increments will be processed automatically, and payment backdated to the due date.

 

(iv)       Progression to a higher level, grade or class shall be by competitive selection for an advertised vacancy, unless the position is banded across a number of levels, grades or classes.

 

B.             Progression for field officer classification

 

(i)       Progression within levels or grades shall be by annual increment unless otherwise specified in Annexure 2.

 

(ii)       Increments shall be processed by supervisors within one (1) month of receipt.

 

(iii)       If increments are not processed within two (2) months of the due date, the increments will be processed automatically, and payment backdated to the due date.

 

(iv)       Progression and competency applications shall be processed by supervisors within three (3) months of receipt.

 

(v)       Progression to a higher level or grade shall be by competitive selection for an advertised vacancy, unless the position is banded across a number of levels or grades.

 

7.  Appointment

 

(i)             Appointment to a vacant position will be by way of competitive selection based on the merit principle and in accordance with the provisions of the Public Sector Employment and Management Act 2002.

 

(ii)             Appointment to a higher starting salary point within the level, grade or class than Year 1 will be determined by the Director-General or nominee, following assessment of the successful applicant's educational qualifications, past work experience in a related field and/or relevant competency level.

 

8.  Higher Duties

 

(i)         Employees who relieve in a higher position for a period of at least 5 consecutive work days, will be paid a proportion (from 50-100%) of the difference between the substantive salary rate of the occupant of the higher position and the employee's salary.  The proportions shall depend on the range and level of duties performed in the position.

 

(ii)        The terms and conditions of the higher job apply for the duration of the relieving period.

 

(iii)       The duties and the amount of the higher duties allowance shall be mutually agreed to prior to the relieving period.

 

9.  Project Teams

 

(i)         The Director-General or nominee may request employees to perform work in a designated project team.

 

(ii)        An employee may decline an offer to work in a designated project team.

 

 

(iii)       When undertaking work in a designated project team, the employee shall be paid:

 

the rate for the job as determined by job evaluation; or

 

at least one salary level higher than their substantive rate.

 

(iv)       An employee working in a designated project team on a full-time basis will not be required to carry out the duties of their substantive position in addition to the project duties.

 

(v)        Project team jobs may be either full-time or part-time.

 

10.  Hours

 

The organisation of work and ordinary hours will optimise work effectiveness and the fulfilment of the reasonable needs of employees.

 

The standard hours of work will be those necessary for the completion of routine work and this clause sets out the ordinary hours and conditions attached to exceptions (other than declared incidents).

 

General

 

(i)         The ordinary hours can be worked as

 

(a)        5 eight hours days per week with 0.4 of one hour accruing towards an Allocated Day Off each 4 weekly roster period; or

 

(b)        4 ten hour days per week with 0.5 of one hour accruing towards an Allocated Day Off each 4 weekly roster period.

 

(ii)        The working of 4 ten hour days per week can only occur with the Regional Manager’s approval.  The employee shall give 2 weeks notice prior to the commencement of this arrangement to the Area or Regional Manager, where possible and 2 weeks notice of its cessation, by mutual Agreement.

 

(iii)       The parties agree that the appropriate level of service is maintained between the hours of 8.30 am and 4.30 pm on weekdays consistent with the Guarantee of Service Policy.

 

(iv)       No employee will be able, or be required (other than in incidents) to work more than 10 ordinary hours per shift (exclusive of travelling time).

 

(v)        The pattern of hours will be agreed to between the employees and management of the area with regard to the needs of the Service, employees and provision of services to our customers.

 

(vi)       A roster of hours and days must be set and agreed to in writing 2 weeks before the 4 week roster period starts.

 

For roster purposes, the work week shall be Friday to Thursday (inclusive).

 

(vii)      Hours of work for positions and/or classifications will be as set out in parts A and B of this clause.

 

(viii)     Permanent changes to the pattern of hours for an employee or a specific job will be done in accordance with the consultative procedure with the relevant union and the members concerned.

 

(ix)       Overtime is payable for all approved time worked

 

(a)        in excess of 7 hours per day or the daily contract hours, whichever is appropriate, where such work is at the direction of the Service; or

 

(b)       outside the bandwidth, except where such work is associated with emergency incidents as defined.

(x)        The implementation of this clause will be monitored closely by the parties.

 

Ordinary hours may be organised as follows:

 

A.        Monday to Friday Workers

 

(i)       Ordinary hours to be worked from Monday to Friday (inclusive).

 

(ii)       Except as otherwise provided, all approved work performed outside the bandwidth, on weekends or public holidays is to be paid as overtime in accordance with the provisions of Clause 21, Overtime of this Award.

 

B.         7 Day Roster Workers

 

(i)         7 day workers include Field Officers, Senior Field Officers, Field Supervisors and Senior Field Supervisors.  This list is not exhaustive.  Identification of additional positions will be done in consultation with the relevant association and/or union.

 

(ii)       This provision will also relate to specifically identified positions where the working of a 7 day operation is necessary for the efficient and effective operation of the position.  Identification of positions that are be designated 7 day roster workers will be done in consultation with the relevant association and/or unions.

 

(iii)       Ordinary hours for employees specified in subclause B (i) are to be worked from Monday to Sunday (inclusive).

 

(iv)       Employees working this pattern of hours are to have at least two (2) consecutive full days off per week, unless otherwise agreed to between the Service and the employee concerned.

 

(v)       Employees shall not be rostered to work more than two (2) consecutive weekends (ie Saturday or Sunday), unless the employee agrees to do so.

 

(vi)       A loading of 17 % of annual base salary shall be paid in lieu of all other penalty rates for Saturday, Sundays and public holidays for Trainee Rangers, Rangers, Field Officers and Senior Field Officers.

 

(vii)      A loading of 8.5% of annual base salary in lieu of all other penalty rates is payable to Senior Rangers, Assistant District Managers, District Managers, Field Supervisors and Senior Field Supervisors.

 

(viii)       Employees referred to in (vi) whose positions may require them to work up to a maximum of 45 combined weekend days (i.e. Saturdays or Sundays), and 5 Public holidays will receive a 17% loading on annual salary in lieu of all other penalty rates.

 

(ix)       Employees referred to in (vii) whose positions may require them to work up to a maximum of 22 combined weekend days (i.e. Saturdays or Sundays), and 3 Public holidays will receive a loading of 8.5% of annual salary in lieu of all other penalty rates.

 

(x)        If an employee agrees to work more than the maximum specified in subclauses (viii) or (ix) of this clause, no additional payments or day in lieu shall be made.

 

(xi)       Employees referred to in (viii) or (ix) who are directed to work more weekend days and public holidays than those prescribed for their position, will be paid penalty rates as follows:

 

(a)        Saturdays - a 50% loading for each additional day worked

 

(b)       Sundays - an 75% loading for each additional day worked

 

(c)        Public Holidays - an 150% loading for each additional day worked

(xii)       The loading specified in (v) and (vi) of this clause will be paid for the purposes of superannuation and all paid leave, other than where such leave is for a period of over 3 months.

 

11.  Pattern of Hours

 

(i)         Set patterns of hours is where the starting and finishing time for each day are decided at the time the 4 weekly roster is determined and agreed to by the parties.

 

(ii)        Any paid leave, eg recreation leave, sick leave or Family and Community Service leave, and any public holiday occurring during the settlement period, shall be a day worked for accrual of an allocated day off.

 

(iii)       Days taken as leave without pay do not accrue any time towards a day off.

 

A.        Set pattern of hours (excluding Field Officers)

 

(i)         Set patterns of hours is where the starting and finishing time for each day are decided at the time the 4 weekly roster is determined and agreed to by the parties.

 

(ii)        Employees working set hours may take up to 5 days off per 4 week period, with management approval.

 

(iii)       Employees are able to elect to work enough hours to take two (2) days off per settlement period.

 

(iv)      Employees need to accrue the necessary number of hours to enable the day(s) off.

 

For example:

 

Number  of Allocated Days Off per	Approximate number of work hours
Settlement Period	per day (exclusive of meal breaks)
0	7 hours
1	7.5 hours
2	8 hours
3	8.5 hours
4	9 hours
5	9.5 hours

 

(v)       Any paid leave, eg recreation leave, sick leave or family and community service leave, and any public holiday occurring during the settlement period, shall be a day worked for accrual of a day off.

 

(vi)      Days taken as leave without pay do not accrue any time towards a day off.

 

12.  Variation of Hours

 

(i)         Where the Service directs that the set starting and finishing times and/or days to be worked be changed, employees shall be given at least 2 weeks notice (This requirement does not apply in incidents).

 

(ii)        Where the hours and/or days are varied by mutual agreement between the Service and the employees within the bandwidth, no penalty is paid.

 

(iii)       Where the Service provides 2 weeks notice that the hours and/or days are to be varied, and the variation is within the bandwidth, no penalty shall apply.

 

(iv)       Where the Service does not provide 2 weeks notice that the hours and/or days are to be varied, and the variation is within the bandwidth, a 25% loading on base salary, based on a 7 hour shift, shall apply.

 

(v)        Where the employee requests a variation to hours and/or days and this is agreed by the Service, no loading shall be paid.

 

13.  Meal Breaks

 

(i)         An unpaid meal break of at least 30 minutes shall be taken no later than 5 hours after the commencement of work.

 

(ii)        In some cases, due to the nature of the work, the meal break shall be for a set period of time.  In these cases, employees shall be allowed at least 30 minutes.

 

(iii)       A meal break of 30 minutes shall be taken no later than two (2) hours after the commencement of overtime.

 

(iv)       If overtime continues, an additional meal break of 30 minutes shall be taken after the completion of each 5 hours worked.

 

(v)        Meal breaks taken whilst working overtime shall be paid at single time rates.

 

14.  Rest Breaks

 

(i)         There must be a break of at least ten (10) consecutive hours between an employee's ordinary shifts.

 

(ii)        Employees required to continue work after their rostered finishing time, except where the hours have been varied, are required to have a rest break of at least 10 consecutive hours before again commencing work, and be paid for any time lost.

 

(iii)       Where an employee is directed to commence work without having had their required rest break, they will be paid overtime rates until they are released from duty.

 

(iv)       Where an officer is recalled to work after their finishing time, and works for a total of less than 4 hours, they are entitled to a rest break of at least 7 consecutive hours before their next start time, and are entitled to be paid for any time lost.  If they are directed to return to work and have not had their rest break, they are to be paid at overtime rates until they are released from duty.

 

(v)        Where an officer is recalled to work after their finishing time, and works for a total of more than 4 hours, they are entitled to a 10 hour rest break and shall be paid for any time lost.  Where the employee is directed to commence work without having had their required rest break, they will be paid overtime rates until they are released from duty.

 

15.  Temporary Work Arrangements

 

(i)         A temporary employee is engaged consistent with section 38 of the Public Sector Management Act 1988 or its successor.

 

(ii)        A temporary employee may be employed either:

 

(a)        for a regular fixed period; or

 

(b)        on a casual hourly basis to meet specific short term needs.

 

(i)         Temporary employees under 15.ii.(a) shall receive a salary in recognition of the skills and experience of the employee which is relevant to the position.

 

(ii)        Casual temporary employees under 15.ii.(b) shall:

 

a)         be paid fortnightly or at the termination of engagement, whichever is the earlier, for the hours worked.

 

b)       The hourly rate will be determined by the following formulae:-

 

Annual salary of the Position divided by 260.8929 divided by 7 = Base hourly rate

 

Rate for Monday to Friday = base hourly rate plus 25%

 

Rate for Saturday = base hourly rate plus 58%

 

Rate for Sunday = base hourly rate plus 83%

 

Rate for Public Holidays = base rate plus 158%

 

c)       The rate of pay shall be set in recognition of the skills and experience of the employee which is relevant to the position.

 

d)       The loading payable to casual temporaries is in lieu of all leave entitlements.

 

e)       Casual temporaries are entitled to be paid overtime for time worked in excess of their daily contract hours.

 

f)       Overtime payments are calculated on the base hourly rate (the 25% loading is not included).

 

g)       Casual temporaries shall be engaged for a minimum of three hours.

 

 

16.  Temporary Employees

 

(i)         Temporary employees, as defined in Clause 15(ii), shall be entitled to uniforms (if the position requires such use), Annual Entry Permits (for temporary employees employed for over twelve months), training and staff development opportunities and the application of Public Sector discipline procedures (for employees who have been employed for more than twelve months).

 

(ii)        In accordance with the Superannuation Guarantee legislation, all employees of the Service are entitled to 9% employer based contributions to First State Superannuation.  Temporary employees should be advised of this benefit at the time of induction.

 

(iii)       Temporary employees as defined in Clause 15(ii)(a), employed for a period in excess of three months are entitled to the accrual of leave.  In the case of temporary employees employed for less than three months, no leave accrual is available, however, payment of 4/48ths in lieu of recreation leave will be made on termination.

 

 

17.  Public Holidays

 

A.        General

 

(i)       Unless directed to attend for duty by the department head, an employee is entitled to be absent from duty on any day which is:

 

a public holiday throughout the State; and

 

a local holiday in the part of the State at or from which the employee performs duty.

 

If a local holiday falls during an employee’s absence on leave, the employee is not to be credited with the holiday.

 

(ii)       Those employees required to work on a public holiday shall be paid overtime in accordance with Clause 21, Overtime

 

B.         7 day roster workers

 

(i)       Employees covered by this Award may be required to perform their ordinary hours on a public holiday, as per Clause 10, Hours.

 

(ii)       Payment for time worked on a public holiday will be in accordance with the provisions of Clause 10, Hours or Clause 21, Overtime, as is appropriate.  Day off or annual leave day for ordinary time worked on a public holiday.

 

18.  Public Service Holiday

 

(i)         All employees shall be entitled to the Public Service Holiday in accordance with the directives issued by the Premier each year.

 

(ii)        Employees who are unable to take the Public Service Holiday at the required time, will be able to take a day off in lieu during the following leave year (1 December - 30 November) at a time convenient to the Service.

 

19.  Part-Time Working Arrangements

 

(i)         Part-time work may be available to:

 

(a)       permanent and temporary employees who wish to work part-time in an existing position;

 

(b)       existing full-time or part-time employees applying for promotion or transfer if they are willing to work the approved hours of the position;

 

(c)       staff recruited and appointed or employed to work in a position where the approved hours are less than full-time.

 

(ii)        The decision to work part-time is purely voluntary.  No person can be directed or placed under any duress to move from full-time to part-time or vice versa.

 

(iii)       Part-time staff may elect to work full-time, or vice versa, at any time, subject to the appropriate work being available for the classification and level, grade or class of the position and it is convenient to the Service.

 

(iv)       Return to full-time employment before the expiry of the agreed period of part-time work is subject to availability of work and adequate period of notice.

 

(v)        Part-time employees must not be expected to carry out all of the responsibilities of a full-time job in part-time hours.

 

(vi)       Part-time staff with other fixed responsibilities at times when they are usually not at work, should not be subjected to pressure to be available for work outside their usual part-time hours.  Where the nature of work is such that the circumstances are exceptional (e.g., a legal officer required to appear in court) special arrangements to work outside of agreed part-time hours need to be negotiated at the outset.

 

20.  Job Sharing

 

(i)         The parties to this agreement confirm a commitment to providing flexible work conditions through job sharing.

 

(ii)        The Service will support officers sharing a position provided that:

 

(a)        the arrangement is fair and equitable to the officers involved;

 

(b)        the officers involved in the job sharing arrangement agree to the arrangement;

 

(c)        the arrangement can be on a permanent or temporary basis;

 

(d)        the arrangement is in the best interests of the smooth functioning of the Service, ensuring that customer/client service is maintained.

 

(iii)       The days each officer shall work should be consecutive, and negotiated and agreed to by all parties involved before commencement of employment.

 

Some examples are: 2 days one week and 3 days the next week; Thursday to Wednesday worked on alternate weeks; Monday, Tuesday, alternate Wednesday and alternate Wednesday, Thursday, Friday.

 

(iv)       The officers involved in the job share arrangement should maintain close contact to ensure continuity of work completed by them.

 

(v)        The supervisor will be responsible to ensure both officers are treated equitably. This includes workload distribution, access to information and access to training and development opportunities.

 

21.  Overtime

 

(i)         Overtime is only to be worked with the approval of management.

 

(ii)        Overtime is paid at rate of:

 

Mon - Sat	-	time and one half for first 2 hours and double time thereafter
Sun	-	double time
Public Holidays	-	time and one half in addition to the ordinary pay for the day up to 7 hours,
		then at the rate of double time and one half provided such additional time
		does not accrue towards an allocated day off or flex day off.

 

(iii)       Overtime on weekends and public holidays will be a minimum of three hours.

 

(iv)       Overtime may be taken as time in lieu, calculated at overtime rates, at the employee's request.

 

(v)        If overtime is taken as time in lieu, it must be taken within six month of accruing.

 

(vi)       If the employee has made genuine attempts to take the accrued time in lieu within the specified time, and has been denied the opportunity to take such time in lieu, the equivalent amount shall be paid as cash.

 

(vii)      Employees receiving a salary in excess of the salary equivalent to Administrative and Clerical (A&C) max 8 + $1 p.a. shall only receive overtime payments calculated on the basis of the rate of A&C max 8.

 

(viii)     When employees are recalled to work after normal ceasing time they shall be paid overtime for the time they are required to work, with a minimum payment of three hours at overtime rates.

 

(ix)       An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.  In determining what is unreasonable, the following factors shall be taken into account:

 

(1)        the employee’s prior commitments outside the workplace, particular the employee’s family and carer responsibilities, community obligations or study arrangements,

 

(2)        any risk to employee health and safety,

 

(3)        the urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services,

 

(4)        the notice (if any) given by the Department Head regarding the working of the overtime, and by the employee of their intention to refuse overtime, or

 

(5)        any other relevant matter.

 

22.  Standby for Kosciusko National Park Municipal Services Managed By Resorts Group and Skilled Trades Employees

 

(i)         A weekly allowance of $175 per week (of 7 days) shall be paid for performing standby duties in association with Kosciusko National Park Municipal Services and Skilled Trades employees media activities and information technology activities.

 

(ii)        The payment shall cover all time outside the normal working hours that the employee is required to be available for contact and immediate response to a call.

 

(iii)       The allowance shall compensate the officer for minor follow up work that may result from the call.

 

(iv)       Where the call results in the officer returning to work or performing more than minor follow-up work (i.e. where two or more further calls are required and this takes more than 15 minutes), the officer shall be entitled to overtime for the actual time spent responding to the call or a minimum of 3 hours overtime, whichever is the greatest.

 

(v)        Where an officer is required to return to work again after the initial call out, the officer shall be paid for the actual time spent attending the second and subsequent call outs.

 

(vi)       Extension of this provision to other work areas, classifications or specific jobs will be done in consultation with the Union.

 

23.  Standby Associated with Incidents

 

(i)         Employees may be required to be on standby outside normal rostered working hours.

 

(ii)        These provisions do not apply to classifications where standby is a usual and regular part of their duties such as media liaison officers and sewage treatment plant officers.  Such classifications will be paid standby in accordance with the provisions of Clause 22 of this Award.

 

(iii)       Employees on standby will be paid at the rate of one third their hourly rate for the time they are required to standby.

 

(iv)       Employees required to be on standby shall have access to a pager, subject to availability.

 

(v)        The minimum time an employee will be on stand-by is:

 

(a)        24 hours on a rostered day off; or

 

(b)        all hours between the finishing time and starting time of the next day on rostered days on.

 

(vi)       Duty Officer will be paid at standby rates for the time outside normal rostered working hours that they are required to be on call.

 

(vii)      Should an incident occur and be declared, payment will be in accordance with incident conditions and charged to the respective incident.  A Duty Officer will have access to a Service vehicle (with radio), mobile phone and pager.

 

(viii)     Employees directed to wear a pager, and required to respond to any messages after hours, will be paid standby rates for the time they are on standby.

 

(ix)       The parties agree to monitor the operation of standby arrangements during the life of this award.

 

24.  Annual Leave

 

(i)         Employees working 7 day roster arrangements will receive 6 weeks annual leave per year.

 

(ii)        All other employees receive 4 weeks leave per year.

 

(iii)       Annual leave loading is no longer payable as a separate payment for the Field Officer classification, it has been included in salary.

 

(iv)       All employees under this Award are required to take the equivalent of a minimum of 10 continuous days of Annual Leave in any leave year (1 December to 30 November).

 

(v)        Annual leave can be taken with a combination with Leave Without Pay, subject to Service convenience.

 

(vi)       Employees receiving 6 weeks annual leave may accrue a maximum of 50 days leave.

 

(vii)      Employees receiving 4 weeks annual leave may accrue a maximum of 40 days leave.

 

(viii)     Any leave in excess of the maximum accrual allowable by 1 December of each year shall be forfeited.

 

(ix)       Employees may apply to accrue leave in excess of the relevant maximum in accordance with the provisions of the Public Sector Employment and Management Act 2002.

 

(x)        Employees working in the Western Division of the State, as defined in the 2nd schedule of the Crown Lands Consolidation Act 1913, shall accrue an extra 5 working days annual leave per year.

 

25.  Concessional Leave

 

(i)         All employees covered by this Award shall be entitled to partake of the concessional leave granted from time to time by the Premier.

 

26.  Travelling Compensation Leave

 

(i)         Travelling time accrued under the provisions of Clause 12 (i) and (ii) of the Crown Employees (Public Service Conditions of Employment) Award 2002 shall be taken within six months of such time accruing.

 

(ii)        All other conditions of Clause 12 (i) and (ii) of the Crown Employees (Public Service Conditions of Employment) Award 2002 shall continue to apply.

 

27.  Sick Leave and Special Sick Leave

 

(i)         Sick leave entitlements provided for in this Award will be 15 per year in accordance with  the provisions of the Public Sector Employment and Management (General) Regulation, 1996.

 

(ii)        Employees may be granted special sick leave in addition to the annual or accumulative entitlement and its application is reserved for occasions of long term sickness only.

 

(iii)       Special Sick Leave shall be granted subject to the employee being absent for a continuous period of at least 2 months and that the employee has exhausted or will exhaust all normal sick leave entitlements.

 

(iv)       The grant of Special Sick Leave will be considered on a case by case basis at the discretion of the Director-General.

 

28.  Contact With Employees on Parental and Maternity Leave

 

(i)         All parties agree to implement the Service's Parental/Maternity Leave Contact Policy which aims to maintain contact with employees while they are on leave, improve the retention rate of employees following return from leave and to encourage continuity of career.

(ii)        Parental leave applies to an employee who becomes a parent and is not eligible for maternity leave or adoption leave.

 

(iii)       All supervisors will meet with employees before they take parental or maternity leave to jointly agree to mechanisms for keeping in contact during the period of leave.

 

(iv)       Ways of keeping in contact may include:

 

(a)       being mailed topical information such as NAPAWI, training calendars;

 

(b)       being advised of any major changes which impact upon their job;

 

(c)       regular phone contact with a supervisor or colleague; and

 

(d)       attendance at relevant training courses, particularly close to the time that the employee is due to return from leave.

 

(v)        It is recognised that some employees may not wish to keep in contact with the Service while they are on leave.

 

29.  Family and Community Service Leave

 

(i)         Employees covered by this Award will be entitled to Family and Community Service Leave which replaces the entitlement to Short Leave as detailed in the Personnel Handbook.

 

(ii)        Family and Community Service leave is paid leave which may be granted by the Director-General to an employee, subject to Service convenience.

 

(iii)       Family and Community Service leave may be granted in the following circumstances:

 

(a)        to care for family members;

 

(b)        to arrange or attend the funeral of a close family member;

 

(c)       where weather conditions threaten life or property or where an employee is prevented from reporting for duty by conditions such as fire, flood or snow.

 

(iv)       The maximum amount of Family and Community Service leave on full pay which may be granted is:

 

(a)       during the first 12 months of service - 3 working days; or

 

(b)       after the completion of 12 months service - 6 working days in any period of 2 years; or

 

(c)        an amount calculated by allowing 1 working day for each completed year of service after the completion of 2 years continuous service and then deducting there from the total amount of short or Family and Community Service leave previously granted to the employee;

 

whichever is the greater amount.

 

(v)        The Director-General may approve the granting of Family and Community Service leave above the entitlement for special circumstances (e.g., additional leave for Aboriginal staff to attend funerals of close family members).

 

A.       Sick Leave to Care for Sick Dependants (except those in the Field Officer classification)

 

(i)         An employee, except one from the Field Officer classification, may use sick leave to care for sick dependants as per Clause 14 (x) of the Crown Employees (Public Service Conditions of Employment) Award 2002 and Chapter 6 Section 18 of the Personnel Handbook.

B.       Sick Leave to Care for Sick Dependants For Those in the Field Officer Classification

 

(i)         An employee with responsibilities in relation to a class of person set out in sub-clause (iii) (b) of this clause, who needs their care and support shall be entitled to use, in accordance with this subclause, any sick leave which accrues after the date of making this Award, for absences to provide care and support for such persons when they are ill.

 

(ii)        The employees shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

(iii)       The entitlement to use sick leave in accordance with this subclause is subject to:

 

(a) the employee being responsible for the care and support of the person concerned; and

 

(b) the person concerned being:

 

(i) a spouse of the employee; or

 

(ii) 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 in a bona fide domestic basis although not legally married to that person; or

 

(iii) a child or adult child (including an adopted child, stepchild, foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), a grandparent, grandchild or sibling of the employee or spouse or de facto of the employee; or

 

(iv) a same sex partner that lives with the employee as the de facto partner of the that employee on a bona fide domestic basis; or

 

(v) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

1. "relative" means a person related by blood, marriage or affinity;

 

2. "affinity" means a 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.

 

(iv) An 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 their 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.

 

C.       Unpaid leave for family purposes

 

(i)         An employee may elect, with the consent of their manager, to take unpaid leave for the purposes of providing care and support to a class of person set out in subclause (iii) (b) above who is ill.

 

 

 

D.       Make up time

 

(i)         An employee may elect, with the consent of their manager, to work "make up time", under which the employee takes time off ordinary hours and works those hours at a later time, during the spread of ordinary hours, provided in the Award at the ordinary rate of pay.

 

30.  Leave Without Pay

 

(i)         Employees covered by this Award are entitled to Leave Without Pay in accordance with the Service's Leave Without Pay Policy.

 

(ii)        All approvals for Leave Without Pay are at the convenience and discretion of the Service.  The Director-General in dealing with any applications shall have regard to the needs of the Service, but as far as practicable shall deal with the application in accordance with the wishes of the employee and in an equitable and consistent manner.

 

(iii)       Leave Without Pay (either on a full-time or part-time basis) will be considered on the following grounds:

 

(a)       study purposes

 

(b)       pressing necessities such as childcare and compassionate needs

 

(c)       travel in conjunction with other paid leave

 

(d)       career breaks

 

(e)       other situations on a case-by-case basis provided the employee intends to resume duty on the expiration of leave.

 

(iv)       The maximum amount of Leave Without Pay which will be granted before an employee will be requested to relinquish their rights to a position will be of the equivalent of 12 months full time.  An employee may be asked to relinquish their position for a period of less than 12 months Leave Without Pay; e.g., where it is difficult to attract employees to a temporary position.

 

(v)        Officers seeking Leave Without Pay greater than the equivalent of 12 months full-time will be made supernumerary upon resumption of duty; i.e., an officer who does not occupy a permanent position but has not yet been declared excess.

 

(vi)       In approving Leave Without Pay, the parties to this Award agree that the Service may consider backfilling of positions as follows:

 

(a)       applications for Leave Without Pay greater than 12 months (full time equivalent): the position may be permanently filled.

 

(b)       applications for Leave Without Pay between 3 months and 12 months: (full time equivalent) if the position is to be filled it will be by way of temporary appointment, except where the incumbent has relinquished their rights to the position.

 

(c)       applications for Leave Without Pay less than 3 months (full time equivalent):  if the position is to be filled it will be by way of Higher Duties or temporary assistance.

 

(vii)      Leave Without Pay will not be available for temporary employees except under exceptional circumstances.

 

(viii)     Once approval has been granted for Leave Without Pay extension will not be granted unless exceptional or unforeseen circumstances can be demonstrated.

 

(ix)       Prior approval must be sought by an employee who wishes to resume duty at an earlier date.

(x)             Applications for Leave Without Pay are to be submitted on a leave form which is to be accompanied by a written application stating the reason(s) Leave Without Pay is being sought.  For part-time leave without pay, a timetable is also to be included, stating the days, times and amount in hours the officer proposed to work each week.

 

(xi)       The Area/Unit is to make a recommendation as to whether Leave Without Pay should/should not be granted.  The proposed timetable is also to be endorsed.  The recommendation must also specify the method of filling the position.

 

(xii)      The minimum amount of notice which must be given for Leave Without Pay applications is two (2) months.  The only exception will be where an employee requires Leave Without Pay as specified in (iii)(b).

 

(xiii)     Delegation to approve applications will be as set out in the Human Resources Delegation Manual.

 

(xiv)             Applications for Leave Without Pay must specify whether approval to seek private employment is sought for the period of Leave Without Pay.

 

(xv)      Employees on Leave Without Pay may elect to have their salary averaged over the period of Leave Without Pay; e.g., where any employee takes four weeks unpaid leave in addition to their annual leave entitlement of four weeks.

 

(xvi)     Leave Without Pay may affect superannuation entitlements and employees should contact the State Superannuation Board to obtain further details.

 

31.  Incident Conditions

 

(i)         The following conditions apply in circumstances where an incident is declared and approved by the Regional Manager until such time as the declaration of the incident is lifted.

 

(ii)             Bandwidths will be suspended at the time of the incident being declared for those employees involved in the incident.

 

(iii)             Adjustments to hours will be carried forward to the next settlement period.

 

A.       Conditions

 

(i)         For the purpose of calculating payment for incident duty, the salary rate shall be the employee's substantive salary or as prescribed in (B) Incident Responsibility Rates, whichever is the greater.

 

(ii)        Call out to attend an Incident will be paid at a minimum of three (3) hours overtime, or by mutual agreement, time in lieu at overtime rates.

 

(iii)       All travel to and from an incident will be paid as if part of the Incident.

 

(iv)      Start and Finish Times:

 

(a) On a normal rostered day on, start will be from normal workplace and finish will be on return to normal workplace plus 30 minutes.

 

(b) On a Rostered Day Off, start will be on leaving place of abode and finish will be on return to place of abode plus 30 minutes.

 

(c) Where it is not possible to return to place of abode or normal workplace, start will be on leaving accommodation and finish will be on return to accommodation plus 30 minutes.

 

(d) Where an employee is called to an Incident from their place of abode after the completion of a normal shift, starting time will be at the time of the call, and finishing time will be on return to accommodation plus 30 minutes.

 

(v)       A normal shift is seven (7) hours, however employees may only be required to work a maximum of twelve (12) hours on site.  However, the initial shift following the declaration of an Incident may extend to a maximum of sixteen (16) hours on site.  (The intention of this Award is to allow flexibility in exceptional circumstances;  e.g., new crews arriving late, unforeseeable worsening of the Incident).

 

(vi)      A minimum eight (8) hour break, not including travelling time, must be taken between shifts, and where possible a ten (10) hour break is recommended.

 

(vii) After completion of three consecutive shifts on incident duties or five consecutive shifts carrying out support functions in connection with incidents (such as catering Teams and Administrative Assistance) a twenty-four hours break with payment at single time rates, shall be provided before continuing with incident duties or support functions or to return to normal duties. Where employees are required to take rest break days additional to those referred to above, such days shall also be paid at the single time rate. Employees shall not be required to take flexi days or flex leave or use any other leave entitlement in order to have the required rest breaks after performance of incident duties or support functions in connection with incidents.

 

(viii) It is the responsibility of the Incident Controller or nominee to ensure that reasonable shift and rest periods are adhered to.

 

(ix)       On completion of Basic Fire Modules all employees will be issued with a day pack and a remote/night pack.

 

(x)        If an employee is away from their own Area for the purposes of attending an Incident, and are not required to work and it is not possible to return to their home, seven hours normal pay will be paid per day until they return home or their usual place of work, whichever is the sooner.

 

(xi)       Employees required to work on their Allocated Day Off/Flexi Day/Rostered Day Off will receive either

 

(a) overtime for the whole shift in addition to the normal pay for the day; or

 

(b) overtime for the whole shift (minus the normal days pay) plus a day off in lieu of the rostered day off to be taken at a mutually agreed time.

 

This must be marked clearly on time sheets or the assumption will be that the rostered day off has been deferred.

 

(xii) Employees directed to return from annual leave to attend an Incident will be compensated for pre paid accommodation, and return travel from their leave destination to home at either First Class Rail Travel or economy air travel for themselves and any dependants or at Official Business Rate if a Private Vehicle is used.  Employees will be further compensated by single hourly rate for all hours travelled.  Such employees will have the same option as employees called from an Allocated Day Off or Flexi Day Off.

 

B.       Incident responsibility rates

 

(i)         Employees working in incident positions shall be paid at the following rates:

 

Crew Member	$31,171 p.a.
Crew Leader	$35,021 p.a.
Sector Commander	$38,878 p.a.
Divisional Commander	$44,030 p.a.
Operations Officer	$47,275 p.a.
Planning Officer	$47,275 p.a.
Logistics Officer	$58,546 p.a.
Incident Controller	$64,886 p.a.

 

These rates were set following job evaluation of these positions

 

(ii)        Employees will be paid at their substantive hourly rate or at incident responsibility rate, whichever is the greater.

 

(iii)       The overtime barrier rate does not apply to incident situations, except for senior managers.

 

(iv)      Employees must be appointed to or exercise the responsibilities of an incident responsibility position for a minimum of three (3) hours to receive incident responsibility rates.  Those required to undertake responsibility for less than three hours have the opportunity to develop experience.

 

(v)       When new incident positions are created they will be evaluated to determine the appropriate salary.

 

C.       Payment associated with Incidents

 

(i)         This replaces the provisions of Clause 21, Overtime, in relation to overtime worked in respect of incidents.

 

(ii)        Payment will be calculated as follows:

 

(a) Double time for all hours from start of incident regardless of day, night, Saturday, Sunday or Public Holidays.

 

(b) Normal day's pay or part thereof is deducted for both day and night shift.

 

(iii)       No employee shall have time deducted from pay for meal breaks unless they are actually relieved of Incident Duties for the period of the break and clean up time; e.g., 30-45 minutes.  Where meals are provided to an employee on the ground and eaten in conjunction with incident duties, no deduction will be made from pay.

 

D.       Family

 

(i)         The Service will compensate employees for additional dependant care expenses (receipts must be provided) relating to time worked during the incident.  This must be arranged with the Incident Controller as soon as practical and each case will be assessed by the Incident Controller.

 

(ii)        The Service will notify a nominated family member or friend as to the whereabouts of employees when extended shifts are required.

 

E.       Provision of meals and accommodation whilst working on Incident

 

(i)         The Service will generally provide meals including breakfast, lunch, and dinner, and provide supper for employees working night shift.

 

(ii)        Employees commencing at their normal workplace will provide their first meal where the meal break falls within their normal seven hour shift.

 

(iii)       If no meal is supplied, a payment of $15.00 per meal is made.

 

(iv)      Wherever possible employees will be allowed to return home or the Service will provide accommodation in a hotel or motel.

 

(v)       Where returning home or to other accommodation is not possible or practical and the employees are required to camp, they will be paid the Field Allowance set out in Clause 4, Allowances, of this Award.

 

 

32.  Working from Home

 

(i)             Supervisors may allow employees to work from home: however, working from home is not to be a routine arrangement.

 

(ii)        Employees covered by this Award may be given approval to work from home from time to time.

 

(iii)       Greater access is to be given to employees working from home where:

 

(a)       family members are sick; or

 

(b)       where a project/report requires urgent completion and for productivity reasons working from home will achieve this;

 

(c)        for weekend and night emergency incident management; and

 

(d)       where the nature of the work allows for it.

 

(iv)       In some cases where family members are sick, employees may work from home and combine this with their entitlement to family and community service leave (where available and appropriate).

 

(v)        When working at home, employees must ensure that they are contactable by their office.

 

(vi)       Employees are covered by workers’ compensation where prior approval has been given to the employee to work from home.

 

 

33.  Overtime at Home

 

(i)         Employees covered by this Award may work overtime from home where the nature of work allows for it.

 

(ii)        The payment of a meal allowance for working overtime from home will not be paid.

 

 

34.  Employer Sponsored Child Care

 

(i)         The parties to this Award confirm a commitment to provide assistance to employees of the Service so they may pursue employment in the knowledge that their children are being well cared for in a safe and happy environment.

 

(ii)        The Service will sponsor accredited Vacation Care Programs.  These programs are available to children of 5 - 12 years of age at a minimal charge to parents.  Where it is not practical to set up a program (maybe because of lack of numbers), the Service will sponsor places on existing programs.

 

(iii)       Regional and Area Managers are responsible to investigate and initiate either setting up a Vacation Care Program in their area, or securing places in existing programs.  Places on these programs will be subsidised across the Service, so the amount paid by all employees is the same.

 

 

 

35.  Dependant Care

 

(i)         Where dependants of the employee are sick and require care, the Service will continue to support the officer in the following ways:

 

(a)       family and community service leave may be taken by an employee to attend to any medical needs a dependant may have; or

 

(b)       Where circumstances allow, an employee may negotiate with their supervisor to work at home.

 

(ii)        In circumstances where an employee with a sick dependant is required to attend to work that can not be completed from home (e.g. an urgent meeting) assistance will be available to pay for additional costs associated with in home care for the dependant, subject to the provision of receipts.

 

(iii)       The Service will meet the additional costs involved in before or after school care, where an employee is required to work beyond their regular hours, resulting in additional cost to the officer for child care, in an accredited child care program, subject to the provision of receipts.

 

(iv)       Each application will be determined on its merits.

 

(v)        The parties reaffirm their commitment to providing dependant care assistance so employees can attend residential training and development activities.

 

(vi)       The parties reaffirm their commitment to providing dependant care assistance to employees required to work during emergency situations.

 

(vii)      The parties to this agreement confirm a commitment to provide assistance to employees of the Service so they may pursue duties in relation to an incident in the knowledge that their dependants are being well cared for in a safe and happy environment.

 

(viii)     The Service will compensate the employee for additional dependant care expenses relating to hours worked during the incident.

 

36.  Families and Field Work

 

(i)         Employees from time to time will be required to undertake either field work or to work away from their normal headquarters.

 

(ii)        On occasion it may be necessary, or an employee may wish to take their family on a field trip.  This may be due to the duration of the trip or child care or elder care responsibilities.

 

(iii)       The Service would generally find it acceptable for an employee to take family members on field work provided that there is independent care for small children or elderly relatives.

 

(iv)       The independent care must not be undertaken by one of the following persons:

 

(a)        an employee of the Service who is rostered on duty;

 

(b)        a contractor of the Service who is engaged to undertake field work during the particular expedition.

 

(v)        Where an employee wishes to be accompanied by their family on a field trip and extend their stay on personal issues the employee will need to take some form of approved leave which may consist of recreation or extended leave.

 

(vi)       Employees who wish to be accompanied by a family member on single day trips, must obtain approval from an Area/Regional Manager or Division/Unit Manager prior to the trip for the purpose of insurance coverage.

 

(vii)      Employees who wish to be accompanied by a family member on working trips of more than one day must obtain approval from their Regional or Divisional Manager.

 

37.  Training and Development

 

(i)         The parties to this Award confirm a commitment to skill development for employees of the Service.

 

(ii)        The training and development of employees covered by this Award will be linked to the Performance Management and Development System. Staff Development Plans will be established through the system and be relevant to the employee's current position and their future career path.

 

Training and development options include: on the job training; attendance at internal and external courses and conferences; self paced learning e.g. video training; project team work; mentor systems; higher duties opportunities; job rotation and exchange programs.

 

(iii)       In addition to this, through the Management Development Strategy, the Service will provide management development activities for managers, to ensure they possess the knowledge, skills and attitudes necessary to achieve the corporate goals.

 

(iv)       The Service provides Staff Development Policies and Procedures to ensure consistency and equity is afforded to all employees.

 

(v)        The Service's commitment to training and development includes a commitment to provide adequate support and resources: including full time trainers; external training providers (where necessary); time and money to ensure the effectiveness of the staff development program.

 

Dependant care assistance (by way of payment for dependant care) may be provided to enable employees with dependant responsibilities to pursue residential training and development opportunities.

 

(vi)       A minimum of 2% of the Service's salary budget for the employees covered by this Agreement for each financial year will be allocated to the training and development of employees covered by this Award.

 

(vii)      The expenditure of the training and development allocation will continue to be reviewed by the Learning and Development Advisory Committee.

 

38.  Study Assistance

 

(i)         The Service will support employees gaining additional skills through formal study.

 

(ii)        Employees are entitled to apply for study time and study leave in accordance with the provision of the Personnel Handbook.

 

(iii)       The following costs associated with courses will be reimbursed by the Service in accordance with the following guidelines:

 

Higher Education Contribution Scheme Fee; or

 

Where HECS does not apply, compulsory fees (i.e., fees paid upon enrolment - union, students' council fees, TAFE administration charges, registration fees etc.).

 

(iv)       The proportion of fees to be refunded will be as follows:

 

(a)       100% refunded where the course/subject is directly relevant to the Service's operations or needs and is approved as such by the Director General; or

 

(b)       50% refunded where the course/subject is relevant to Public Service needs generally, but not directly to the Service needs.

 

(v)        Refunds will be paid for a maximum of seven annual occasions.

(vi)       To be eligible to receive a refund, an employee must:

 

(a)       have been employed in the Service prior to the final examination in the academic period under consideration and also be in employment on the date reimbursement is requested;

 

(b)       produce evidence of having successfully completed a full stage of an approved course (or the subjects enrolled in at the start of a semester/year); and

 

(c)       produce receipts substantiating payments made for compulsory fees or HECS fee incurred.

 

39.  Training Competency

 

The parties agree to an ongoing commitment to the development and implementation of appropriate competencies based on the relevant skill and qualification requirements at each level.  Such competencies shall be developed having regard to National Training Competency standards.

 

40.  Workforce Planning

 

(i)         The Service is committed to establishing a consultative process regarding the use, including supervision, of contractors by the Service.  The parties agree that the engagement of contractors will be in accordance with all applicable legislative requirements.

 

(ii)             Supervisors should, where appropriate, be from the same vocational group as the work being contracted, or by an appropriately qualified person.  The parties will consult on the level of supervision required.

 

41.  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.

 

NOTES

 

(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."

 

42.  Redundancy Entitlements

 

Redundancy provision payments will be made in accordance with the NSW Government’s Managing Displaced Employees Policy or its replacement should a new policy be determined.

 

43.  Information Technology

 

The parties to the Award are committed to the improvement of information systems through the introduction of the Services Information Technology Strategic and Tactical Plans.  The Service agrees that users will be consulted prior to the introduction of any system and that an agreed level of training support will be provided.

 

44.  Workplace Accommodation

 

(i)         The Service will ensure that all staff are provided with a work environment that at least meets minimum acceptable standards.  All workshops will meet the requirements of the Occupational Health and Safety Act 2000.

 

(ii)        While there are no requirements for office workplaces, the Service agrees to provide employees covered by this Award with reasonable conditions and space.

 

(iii)       Smoking is prohibited at all indoor NPWS workplaces and in Service vehicles.

 

45.  Service Housing

 

(i)         The parties agree to consult on future issues related to Service-owned housing including the preparation of briefs for valuers.

 

(ii)        All employees occupying a Service house will be required to sign a tenancy              agreement.

 

46.  Consultation and Monitoring

 

(i)         The parties agree to continued consultation to ensure the implementation of more flexible work patterns and arrangement in accordance with the requirements of the Memorandum of Understanding (March 2000), with a view to achieving improvement in productivity, efficiency and increased job satisfaction.

 

(ii)        A Consultative Committee representing both Management and Unions who are party to this Award will meet on a three monthly basis to monitor the impact of this Award and resolve difficulties which may arise with its implementation or operation and discuss future improvements.

 

(iii)       This Consultative Committee will consider work place changes and productivity improvement put forward by Staff, Unions or Management.

 

(iv)             Supervisors’ Responsibilities

 

It will be the responsibility of all workplace supervisors to hold monthly workplace meetings with their staff.  Productivity improvements and work practices will be standard agenda items of these meetings.

 

(v)        Employees Responsibilities

 

It will be the employees responsibility to make time available to attend monthly workplace meetings unless they are on leave or working away from their normal workplace.

 

 

(vi)             Communication

 

A quarterly newsletter will be circulated to each employee outlining any issues relevant to the implementation of the Award and noting the resolutions of the Consultative Committee.

 

47.  Grievance and Disputes Procedure

 

(i)         When any grievance or dispute arises at the workplace, the employee(s) must attempt to resolve the grievance with the person concerned in the first instance.

 

(ii)        If this is not possible the employee refers the grievance/dispute to their immediate supervisor or manager.  The supervisor is to be given the opportunity to fully investigate the matter and must provide a written response to the dispute or grievance.  The supervisor will advise the employee(s) concerned of the time by which an answer will be provided.  Grievances should be resolved within forty eight (48) hours.

 

(iii)       If the grievance or dispute is not resolved between the employee(s) and their immediate supervisor, or where the matter is of such a nature that direct discussion between the employee(s) and their supervisor would not be appropriate, the employee(s) shall notify a more senior manager.  The more senior manager will attempt to resolve the matter, which may include staff of the Workforce Services Division.

 

(iv)       If the matter remains unresolved, the employee and/or their representative will take the matter to Senior Management, who will attempt to solve the matter.

 

(v)        If the grievance or dispute remains unresolved the parties agree that it may be referred to an appropriate independent arbitrator or mediator (this includes the Industrial Relations Commission).

 

(vi)       Nothing contained in these procedures will preclude the parties from entering into direct negotiations on any matter.

 

(vii)      Where the grievance is unable to be resolved at Directorate level, or may result in disciplinary action or a criminal matter is involved, the issue should be referred by the contact officer, supervisor or manager to the Manager, Workforce Services Division.

 

(viii)     Each stage is to be handled expeditiously.

 

(ix)       Whilst these procedures or negotiations are continuing no stoppage of work or any other form of limitation of work shall be applied.

 

(x)        The parties reserve the right to vary this procedure where it is considered that a safety factor is involved.

 

48.  Deduction of Union Membership Fees

 

(i)         The unions party to this Award shall provide the NPWS with a schedule setting out union fortnightly membership fees payable by members of each union in accordance with each union’s rules.

 

(ii)        Each union shall advise the NPWS 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 NPWS at least one month in advance of the variation taking effect.

 

(iii)       Subject to 17.1 and 17.2 above, the NPWS shall deduct union fortnightly membership fees from the pay of any officer who is a member of the Union in accordance with the union’s rules, provided that the officer has authorised the NPWS to make such deductions.

 

(iv)       Monies so deducted from the officer’s pay shall be forwarded regularly to the respective union together with all necessary information to enable the union to reconcile and credit subscriptions to officers’ union membership accounts.

 

(v)        Unless other arrangements are agreed by the NPWS and the respective unions, all union membership fees shall be deducted on a fortnightly basis.

 

(vi)       Where an officer 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 officer to make a fresh authorisation in order for such deductions to continue.

 

 

49.  Saving of Rights

 

At the time of making this Award, no employee will suffer a reduction in his or her rate of pay or any loss or diminution in his or her condition of employment as a consequence of making this Award.

 

 

50.  Area, Incidence and Duration

 

(i)         This Award will apply to all employees in classifications covered by the Australian Workers Union and Skilled Tradespersons employed within the National Parks and Wildlife Service of NSW who are not covered by an enterprise agreement or other Award or who are not on the SES.

 

(ii)        This Award is in lieu of the following industrial instruments  or their successors in so for as they apply to employees:

 

Crown Employees (Public Sector Salaries ) Award

 

Crown Employees (Overtime) Award, 1986, clauses 1, 2, 3, 7, 8, 9

 

Agreement No 2275 of 1980, Flexible Working Hours

 

Agreement No. 2225 of 1977, Annual Leave and Compensation for Saturdays, Sundays and Public Holidays

 

Sections 34, 38, 41 and 44 of Part 5 of the Public Sector Management Act (General Regulation) 1988

 

Sections 4 and 59 of Part 6 of the Public Sector Management Act (General Regulation) 1988

 

(iii)       Where there is an inconsistency between this Award and the following documents or their successors, and the conditions are more beneficial to employees under this Award, then this Award prevails:

 

Agreement No. 2301 of 1980, General Division (Trade Based Groups) (Amending Agreement 2317 of 1981, Determination 764 of 1982)

 

Crown Employees (Public Service Conditions of Employment) Award 2002

 

Crown Employees (Transferred Officers Compensation) Award, 1989

 

National Parks and Wildlife Service Skilled Trades Enterprise Agreement 2000

 

National Parks and Wildlife Service Field Officers Hours of Work Enterprise Agreement 1997

 

Agreement No. 2354 of 1981, Transferred Officers Excess Rent Assistance

 

Public Sector Employment and Management (General) Regulation 1996

 

Public Sector Employment and Management Act 2002

 

Personnel Handbook 1999

 

(iv)       This award rescinds and replaces the Crown Employees (National Parks and Wildlife) Conditions of Employment 2000 Award published 25 January 2002 (330 IG 1085) and all variations thereof.

 

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 IG 359) take effect on and from 11 December 2003.

 

The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

 

APPENDIX A

 

Salary Schedule For Skilled Trades Classification

 

	fpp 1.7.03
	$/pa
Tradesperson Level 1	40,665
Tradesperson Level 2	41,939
Tradesperson Level 3	43,409
Tradesperson Level 4	45,677
Tradesperson Level 5
Year 1	46,262
Tradesperson Level 5
Year 2	48,787
NPWS Electronic Tradesperson	51,226

 

 

Apprentices

 

Rates based on a percentage of Level 1 rate

 

	fpp 1.7.03
	$/pa
1st year (50%)	20,333
2nd year (60%)	24,399
3rd year (75%)	30,499
4th year (85%)	34,565

 

 

Trades Classifications

 

Carpenter	Trade Level 4
Fitter Mechanic	Trade Level 4
Plumber	Trade Level 5
Painter	Trade Level 4
Motor Mechanic	Trade Level 4
Stonemason	Trade Level 4
Signwriter	Trade Level 4
Welder 1st Class	Trade Level 4
Welder Special Class	Trade Level 4
Electronics Trades	NPWS Electronic Tradesperson

 

 

 

 

 

Level 1	Base trade.  Appointees to this level must have appropriate trade qualifications.
Level 2	Base trade plus the ability to perform general park maintenance duties, when
	required.
Level 3	A tradesperson who is able to:
	work with the minimum amount of supervision
	work with the minimal amount of technical direction
	solve technical problems
	meet deadlines
	ensure quality control of work; and
	perform general park maintenance duties when required.
Level 4	Senior Tradesperson
	is a tradesperson who possesses the skills, knowledge, qualifications and
	competencies that are so superior to those required by a tradesperson Level 3; or
	supervises the work of other tradespersons, including setting work priorities
	and allocating tasks.
Level 5	Appointment to this level is by competitive selection to advertised vacancies.
	This level includes the Maintenance Supervisor position, which is responsible
	for the field staff of a district.
	A trade position which is evaluated at this level will be filled by competitive
	selection.  Payment at this level recognises all skills, knowledge, competencies,
	licences, registrations and experience necessary for a position at this level.

 

Progression

 

Tradespersons may progress from Level 1 to Level 4 based on the attainment of skills and competencies.

 

Progression to the next level will be upon completion of 3 additional training modules.

 

The schedule of appropriate training modules will be developed with agreement of the unions and form part of this agreement.

 

De-Skilling

 

The classification structure for tradespersons is not designed to promote deskilling of tradespersons.

 

As such, tradespersons will generally only be asked to perform general park maintenance duties when there is no trade work available.

 

 

ANNEXURE 2

 

Salary Schedule For Field Officer Classification

 

 

 

Senior Field Officer and Senior Field Officer (Plant)

 

 

Field Supervisor

 

 

Progression Criteria

 

Field Officers

 

All Field Officer positions shall be at the level of Field Officer Grade 1-4.  Field Officers shall progress by annual increment subject to meeting the required progression criteria and competency levels as specified in this Annexure.

 

Where a Field Officer fails to progress, it shall be the responsibility of the Area Manager to discuss the reasons for the decision with the employee concerned.  The discussion should also identify areas of where additional competencies or necessary training, where appropriate.

 

Trainee Field Officer

 

The preferred qualification for appointment is a current drivers licence.

 

Such positions are temporary positions only and apply to people who the Service may wish to target for trainee programmes designed to equip people with skills to enable them to apply for permanent positions, though not necessarily in the Service.

 

Field Officer Grade 1

 

Appointment to this grade shall be subject to competitive selection for advertised vacancies.

 

Appointment to this grade shall also be subject to:

 

a)             possession of a current drivers licence; and

 

b)         the employee having demonstrated the essential competencies from the Field Officer’s competency schedule for Field Officer Grade 1.

 

Field Officer Grade 2

 

Progression to the level of Field Officer Grade 2 shall be subject to:

 

(a)        12 months satisfactory service at Field Officer Grade 1;

 

(b)             possession of a current drivers licence; and

 

(c)        the employee having demonstrated the essential competencies from the Field Officer competencies schedule for Field Officer Grade 2, as certified by the direct supervisor and the Regional Manager.

 

Field Officer Grade 3

 

Progression to the level of Field Officer Grade 3 shall be subject to:

 

(a)        12 months satisfactory service at Field Officer Grade 2;

 

(b)        drivers licence; and

 

(c)        the employee having demonstrated the essential competencies from the Field Officers Competency Schedule for Field Officer Grade 3 as certified by the direct supervisor and Regional Manager.

 

In addition, joint assessment and certification by the Regional Manager and the direct supervisor that the employee is competent at performing the range of work required of a Field Officer Grade 3 and is also able to demonstrate the efficient application of the skills/qualifications attained.

 

 

 

Field Officer (Plant) Grade 3

 

This is an established position for a full time plant operator.

 

Appointment to this position shall be subject to:

 

a)         the employee having demonstrated the essential competency from the Field Officer Competency schedule and these competencies being certified by the direct supervisor and Regional Manager; and

 

b)         the employee possessing the relevant certificates of competency from the Work Cover Authority.

 

Provided further that appointment to Field Officer Plant shall be subject to competitive selection for advertised vacancies or by way of transfer.

 

Field Officer Grade 4

 

Progression to Field Officer Grade 4 shall be subject to:

 

a)         12 months satisfactory service of Field Officer Grade 3; and

 

b)         all the essential and 10 desirable competency requirements for a Field Officer Grade 3 from the Field Officer competencies schedule as certified by direct supervisor and Regional Manager.

 

Field Officer (Plant) Grade 4

 

Progression to Field Officer (Plant) Grade 4 shall be subject to:

 

a)         12 months satisfactory service on salary of Field Officer (Plant) Grade 3; and

 

b)         all the essential and 10 desirable competency requirements of a Field Officer (Plant) Grade 3 and these being certified by the direct supervisor and the Regional Manager.

 

Senior Field Officer Grade 1

 

Appointment to the position of Senior Field Officer Grade 1 shall be subject to:

 

a)             competency requirements for appointment to Field Officer Grade 4.

 

The Senior Field Officer Grade 1 is the minimum classification for officers responsible for direct supervision of National Parks and Wildlife Service employees, volunteers and contractors.

 

Senior Field Officer (Plant) Grade 1

 

Appointment to the position of Senior Field Officer (Plant) Grade 1 shall be subject to:

 

a)             competency requirements for appointment to Field Officer (Plant) Grade 4; and

 

b)         the employee having demonstrated all the essential competencies as certified by direct supervisor and Regional Manager.

 

Provided further that appointment to Senior Field Officer Grade 1 and Senior Field Officer (Plant) Grade 1, shall be subject to competitive selection for advertised vacancies.

 

Senior Field Officer Grade 2

 

Progression to the position of Senior Field Officer Grade 2 shall be subject to:

 

(a)        12 months satisfactory service at Senior Field Officer Grade 1

 

(b)        the employee meeting the competency requirements for appointment to Senior Field Officer Grade 1; and

 

(c)        the employee having demonstrated all essential and 5 desirables for Senior Field Officer Grade 2, as certified by the direct supervisor and the Regional Manager.

 

 

Senior Field Officer (Plant) Grade 2

 

Progression to the position of Senior Field Officer (Plant) Grade 2 shall be subject to:

 

(a)        12 months satisfactory service at Senior Field Officer (Plant) Grade 1;

 

(b)             competency requirements for appointment to Senior Field Officer Grade 1 (Plant); and

 

(c)        the employee having demonstrated all essential and 5 desirable competencies for Senior Field Officer Grade 2 (Plant), as certified by direct supervisor and Regional Manager.

 

 

Senior Field Officer Grade 3

 

This is a geographic position which will apply to smaller Areas where by virtue of their size, a Field Supervisor is not justified, but where as a consequence of the range of duties undertaken, the Senior Field Officer would do the work of a Field Supervisor.

 

Progression to the positions of Senior Field Officer Grade 3 is subject to:

 

a)         the officer having demonstrated the appropriate level of skill and competency for the level of Senior Field Officer Grade 3.

 

 

Field Supervisor Grade 1

 

Appointment to the position of Field Supervisor Grade 1 shall be subject to:

 

a)             competency requirements for appointment to Field Supervisor Grade 1.  Senior Field Officer (Plant) are also eligible for appointment but must demonstrate the wider skills required for general Senior Field Officer classification; and

 

b)         the employee having demonstrated the appropriate level of competency for Field Supervisor Grade 1, as certified by direct supervisor and Regional Manager.

 

 

Field Supervisor Grade 2

 

Progression to the position of Field Supervisor Grade 2 shall be subject to:

 

a)         12 months satisfactory service at Field Supervisor Grade 1; and

 

b)             competency requirements for appointment to Field Supervisor Grade 2 as certified by direct supervisor and Regional Manager.  Senior Field Officers (Plant) are also eligible for appointment but must demonstrate the wider skills required for general Senior Field Officers competencies.

 

 

 

 

 

 

 

Senior Field Supervisor

 

Appointment to the level of Senior Field Supervisor shall be subject to:

 

(a)        the employee demonstrating all essential competency requirements for appointment to Field Supervisor Grade 2, as certified by direct supervisor and Regional Manager.

 

Appointment to this classification shall be subject to competitive selection for advertised vacancies.

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.