INDEPENDENT COMMISSION AGAINST CORRUPTION (REVIEWED) AWARD 1998
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the
Industrial Relations Act 1996.
(No. IRC 1082 of 2001)
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Before Mr Deputy President Sams
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13 June 2001
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REVIEWED AWARD
CONTENTS
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1.
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THE NAME OF THIS
AWARD
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2.
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DICTIONARY OF
TERMS USED IN THIS AWARD
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3.
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THE AIMS OF THIS
AWARD
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4.
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COMMUNICATION
& CONSULTATION
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5.
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ICAC OFFICER
CLASSIFICATION & SALARY STRUCTURE
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6.
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BASIS OF
EMPLOYMENT IN THE ICAC
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7.
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PERFORMANCE
MANAGEMENT & SALARY INCREMENTS
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8.
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TRAINING &
DEVELOPMENT
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9.
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REDUNDANCY &
REDEPLOYMENT
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10.
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CONDITIONS OF
EMPLOYMENT
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11.
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CHILD CARE
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12.
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GRIEVANCE &
DISPUTE RESOLUTION
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13.
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VARIATIONS TO
THIS AWARD AND NO FURTHER CLAIMS
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14.
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AREA, INCIDENCE
& DURATION OF THIS AWARD
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15.
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NEGOTIATING THE
NEXT INDUSTRIAL INSTRUMENT
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16.
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ANTI-DISCRIMINATION
CLAUSE
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Schedule 1 ICAC
Award
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ICAC OFFICER
CLASSIFICATION SALARY RATES as at January 2001
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Schedule 2 ICAC Award
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ALLOWANCE RATES
as at January 2001
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1. THE NAME OF THIS AWARD
This Award will be known as the Independent Commission
Against Corruption (Reviewed) Award.
2. DICTIONARY
OF TERMS USED IN THIS AWARD
Commission - the Independent Commission Against Corruption
ICAC - the Independent Commission Against Corruption
PSA - the Public Service Association of New South Wales
Senior management - are the ICAC's statutory officers and
Directors.
Commissioner - the Commissioner of the ICAC.
3. THE AIMS OF THIS AWARD
The Commission is a statutory body set up under the ICAC Act 1988 to expose and minimise
corruption in the NSW public sector.
This Award documents the conditions of employment and the rights and
obligations of management and staff that will help to achieve this objective.
This Award was negotiated by the ICAC Enterprise Bargaining
Committee comprised of three staff, a Public Service Association officer and
two management representatives. Staff were consulted throughout the development
of the Award and have agreed to this Award.
The Award aims to achieve the following outcomes:
- to improve the efficiency and
productivity of the ICAC
- to enhance our culture of consultation
- to provide equitable remuneration and
conditions of employment
- to provide information on conditions
of employment in plain English
- to improve the development and
utilisation of staff
We are committed to certain fundamental values in all our
interactions with public sector agencies, other organisations, individuals and
our staff. We will:
- advance the
public interest at all times
- always act
ethically and with integrity
- be fair,
impartial and accountable in all our work
- strive for
excellence in everything we do
- be
tenacious and professional in pursuing our aim
- respect
each other and work collaboratively
- preserve
the ICAC’s independence.
This Award rescinds and replaces all other industrial
instruments except as referred to in this document.
4. COMMUNICATION & CONSULTATION
The Commission Consultative Group (CCG) is the formal
mechanism for consultation and communication between staff and management on
matters of policy and procedure.
Purpose - to improve performance through consultation
leading to informed decision making.
Role - to consider issues of policy or procedure, with
Commission-wide significance, as referred by staff and management. Generally,
the CCG provides a consultative forum for developing or reviewing policies,
procedures, and/or recommendations as to final policy or procedure to the Commissioner
or manager with delegated authority.
Delegation to the CCG of decision-making power in suitable matters will
also be an option for senior management.
Staff representation - there are five staff representatives,
one of which is a member of the PSA.
Representatives are elected by secret ballot and are appointed for a
period of two years.
Senior management representation - three senior management
representatives are appointed by the Commissioner for a period of two years.
Principles
1. The
CCG can assist the Commission to meet its corporate objectives by raising
strategic issues and providing strategic advice. This includes considering the most appropriate structure and
operating guidelines to make sure the Commission's functions are integrated and
effective.
2. It
is the forum for overseeing the implementation of the Award and considering the
need for any variations to it. The CCG
is the forum for discussing issues which arise under the Award and it will
co-ordinate the process of approving variations to the Award.
3. It
will focus on policies and procedures which have a Commission wide impact. Therefore the CCG will not be involved in
making operational decisions about the conduct of investigations but it can
make strategic suggestions for investigations, corruption prevention or
education work.
4. It
will address matters of concern or interest to staff generally. In this regard it is not a forum for
resolving individual grievances but it provides a direct channel for staff to
raise issues of concern such as working conditions, contracting out of
Commission functions, policy matters or personnel practices.
5. It must avoid duplication of matters
appropriately handled by other consultative forums and internal structures.
6. CCG's
decision making will operate by consensus not by vote. Where negotiation and discussion can not
reach an agreed position, the Commissioner or relevant Manager will be
presented with alternatives for consideration.
7. The CCG will maximise staff
participation and consultation in decision making. The CCG will provide appropriate opportunities for staff to
participate by using sub-committees, focus groups, presentations and seminars
in its consideration of matters.
8. CCG meeting procedures will foster full
and frank discussions such that staff and management representatives are free
to express opinions prior to forming concluded views.
Operation - The CCG determines its own meeting procedure,
time for meeting and requirements for administrative support.
Meetings - will be held regularly. All staff will generally have the right to attend and contribute
to the discussion under the rules of debate.
In camera meetings are available to discuss confidential matters. The agenda will be publicised before each
meeting.
Other committees - The Equal Employment Opportunity
Committee and the Occupational Health & Safety Committee report to the
Commissioner through the CCG. The CCG
will ensure that these committees are appropriately structured and operate in
accordance with relevant legislation, that election procedures are appropriate,
and that membership is balanced by gender and is representative of the staff.
5. ICAC OFFICER CLASSIFICATION &
SALARY STRUCTURE
The ICAC Officer classification Levels 1 - 8 have regard to
the following principles:
- work
of equal value attracts equal remuneration
- a structure reflecting a composite
weighting of the markets from which the Commission recruits its employees
- a structure which supports improved
performance
The ICAC Officer salary rates appear in Schedule 1 and are
made by reference and in relation to a basic wage of $121.40 per week.
The job evaluation methodology as offered by William M
Mercer Pty Ltd (commonly referred to as the OCR job evaluation methodology)
will be used to determine the work value of positions within the classification
levels. The methodology is overseen by
the Classification Committee, which is comprised of two staff and two
management representatives.
The salary structure has regard for equivalent work value
and salaries in the following markets:
- NSW public sector
(Administrative & Clerical and Legal).
- Police/Investigator (NSW, Federal, National Crime Authority).
- Private sector
(Information Technology).
Staff on personal salaries arising from the ICAC Enterprise
Agreement 1994 will have their salary rate maintained while they continue to
perform the same or similar duties until their maintained rate equals the work
value rate for the position they occupy.
The CCG will examine the ICAC Officer classification system
in order to consider the benefits of reducing the number of levels and salary
points, improve opportunities for progression to positions at higher levels
through the introduction of "soft barriers" or other measures, and
other changes suggested by senior management or staff. The review of the classification system will
also examine gender equity issues in the distribution of staff at the various
levels. This shall be done with a view
to implementation in the next Award.
The CCG will also review Commission wide delegations to
ensure that they are in line with best practice and provide the most efficient
and effective operating systems for the Commission. An appropriate set of delegations will be recommended to the
Commissioner within six months of the making of this Award.
During the negotiations for this Award the following
increases were paid with effect from the first pay period commencing on or
after:
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1 January 1997
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1%
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1 July 1997
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3%
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1 January 1998
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2%
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1 July 1998
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3%
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ICAC staff will receive the following additional salary
increases;
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1 July 1998
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2%
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1 January 1999
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5%
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6. BASIS OF EMPLOYMENT IN THE ICAC
The basis of employment in the Commission is permanent, that
is, continuing employment subject to satisfactory work performance and
conduct. In accordance with the
provisions of the ICAC Act, secondment from the NSW public sector is available.
Satisfactory performance encompasses, but is not limited to:
- satisfactory discharge of duties as
incorporated in the relevant job description and Individual Performance
Management Program (IPMP) Agreement.
- participation in corporate activities.
- commitment to and participation in
training and development opportunities.
Satisfactory conduct encompasses, but is not limited to:
- observing the law
- observing Commission policies and
procedures
- observing ethical standards of
behaviour as set out in the Commission's Code of Conduct.
S.104 of ICAC Act
1988 removes staff's right of appeal against termination and dismissal to the
Government & Related Employees Appeal Tribunal and the NSW industrial
courts. However staff may have appeal
rights under Federal legislation.
The Commission will, wherever possible, follow the
management practices relating to termination and dismissal prescribed in
legislation that affects NSW employers.
A policy will be developed, including information on appeal rights, in
consultation with the CCG within six months of the making of this Award.
Secondments - Recruits may decide to be seconded or come to
the Commission on Leave Without Pay from their substantive employer. Where a recruit decides to do this, the
Commission requires a minimum period of employment of two years. Further extensions of no less than one year,
provided performance and conduct are satisfactory, will be considered. Staff currently on secondment or leave
without pay may apply to resign from their substantive employment and join the
Commission as a permanent member of staff in their current job, provided
performance and conduct are satisfactory and, where possible, three months’
notice is given. This opportunity is
not available to temporary employees.
Resignation - 4 weeks notice in writing is required unless
the Commission agrees to a lesser period of notice.
Termination of employment - 4 weeks notice shall be given by
staff; or in lieu of notice, the Commission may grant payment in lieu.
7. PERFORMANCE MANAGEMENT & SALARY
INCREMENTS
The aims of the Commission's performance management system,
the Individual Performance Management Program (IPMP) are:
- to
establish a climate of continuous improvement within the Commission
- to match individual staff performance
objectives with Commission performance objectives and Corporate and Strategic
Plans
- to provide a process that ensures
honest communication between staff and supervisors about the work they do, how
it is done and how performance is measured
- to ensure the identification of
training and development needs in line with requirements of the individual and
the Commission.
The IPMP is based on annual Performance and Training &
Development Agreements negotiated between staff and their supervisor. The Agreement sets key accountabilities,
major work areas and performance measures.
There are three stages in the IPMP's annual cycle, which
will occur at a common time for all employees. They are:
1. Establishing IPMP Agreements - May/June
2. 6-Monthly Reviews - November/December
3. Annual review - May/June
Progression through the salary points in the ICAC Officer
range is based on performance under the IPMP.
The Annual Review includes an overall rating of performance. The ratings, accompanied by a narrative,
are:
1. Exceeded
objectives - payment of increment and eligible for accelerated progression if
available.
2. Met
objectives - payment of increment, if available.
3. Unsatisfactory - deferral of payment
of increment, if available, and if no improvement in performance occurs within
a specified time, disciplinary action will be taken that may result in a
reduction in salary or termination of employment.
The CCG will develop procedures for the implementation of
this rating scale and supervisors and staff will be trained in those procedures
in time for implementation from July 1999.
The CCG is to develop a model for introduction of 360‘
feedback for implementation from July 1999.
By agreement, all staff have moved to a common increment
date. The transition arrangements are:
(A) Staff whose increment falls due between 1
July and 31 December 1997 will have their increment date bought forward to the
first pay period commencing on or after 1 July 1997, subject to satisfactory
performance under the IPMP. From then
on their increment review date will be the first pay period commencing on or
after 1 July each year.
(B) Staff whose increment falls due between 1
January and 30 June 1998 will be paid their increment in July 1998 instead of
earlier. In recognition of this, two
incremental steps will be paid from the first pay period commencing on or after
1 July 1998, instead of the usual single step, subject to satisfactory
performance under the IPMP. Staff in
this group who are on the fourth step of the five step increment scale will
receive back payment of their increment for the period from the current due
date to the first pay period commencing on or after 1 July 1998 in lieu of a
two step increment. From then on their
increment review date will be on the first pay period commencing on or after 1 July
each year. Staff in this group who
leave the ICAC before the first pay period commencing on or after 1 July 1998
will be back paid their increment to its former date.
For staff commencing employment or promoted after 1 July
1997, their increment will be eligible for payment in the first pay period
commencing on or after 1 July each year, not on the anniversary of their
appointment. For example, someone
starting work or promoted on 2 September 1997 would be eligible for payment of
their increment in July 1998, subject to satisfactory performance.
Where someone started work or was promoted on, for example 2
April 1998, they would also be eligible for payment of an increment in July
1998. Where it is found that the period
between appointment or promotion and July is too short to determine if their
performance warrants payment of an increment, the next increment date would be
July 1999.
8. TRAINING & DEVELOPMENT
The Commission is committed to providing training and
development activities that aim to increase the skills, knowledge and
experience of staff. The activities
provided include:
- job
relevant training
- refresher
courses
- new skills
training
- participation
in corporate activities
- opportunities to do work at a similar
or higher level within the Commission, or on secondment to other agencies.
- transfer,
promotion or secondment opportunities.
- training
where performance has been identified as inadequate.
- other
career development opportunities relevant to the work of the Commission.
The CCG will oversee the implementation of the Commission's
Training & Development Policy, taking into account:
- the needs
of all employees.
- access is
fair and in line with EEO principles.
- corporate
or Unit planning or training arising out of the IPMP.
- the level of resources needed in implementing
the program and the most effective way of using those resources.
9. REDUNDANCY & REDEPLOYMENT
Staff and management are covered by the provisions of the
NSW Premier's Department's 'Managing Excess Employees' Policy’ for redundancy
and redeployment.
10. CONDITIONS OF EMPLOYMENT
The ICAC's conditions of employment are based on NSW public
service conditions at the date of the making of this Award. Changes in public service Awards and/or
conditions of employment that occur after the making of this Award will be
referred to the CCG for consideration and possible recommendation to the
Commissioner. If it is decided they
should apply, this Award will be varied in accordance with the Industrial Relations Act 1996.
In setting conditions of service for staff of the Commission
regard will be given to the provisions of the Crown Employees (Public Service
Conditions of Employment 1997) Award.
Conditions of service for staff of the Commission will not
be less than those set out in the above Award, however the ways in which these
benefits are calculated and/or delivered may vary to suit the operational and
other needs of the Commission. Any
changes to conditions of service will be made in consultation with the CCG. Where they differ, Field Officer conditions
are defined in policy documents held at the ICAC.
The conditions of employment described in this Clause are
established under this Award. The
description is however a summary and must be read in conjunction with the
relevant ICAC policy. References to the
Personnel Handbook in ICAC Policies will be replaced by references to this
Award. Until that replacement process
is finalised, the provisions of the current policies will continue to apply. The update of policies will involve the CCG
and will be completed within six months of the making of this Award.
Staff transferring to the Commission from other NSW public
sector agencies may be able to transfer some of their existing entitlements to
the Commission consistent with NSW public sector mobility provisions.
10.1 HOURS OF EMPLOYMENT - FLEXIBLE WORKING
HOURS SCHEME (FWH)
Effective from 1 November 1998 the Flexible Working Hours
Scheme within the Commission will operate as follows. For any period prior to this date the provisions of the former
ICAC Enterprise Agreement 1994 prevail.
Purpose - to improve organisational performance and to
provide senior management and employees with flexibility in arranging working
hours.
Principles - In order that staffing levels are sufficient to
meet operational requirements, the Guarantee of Service and performance
standards, management and staff are committed to ensuring that:
- decisions regarding working hours
will be made taking into account the requirements of the particular Section,
Unit or team and the Commission
- decisions regarding working hours
will be made between an employee and their direct supervisor based on
consultation and negotiation
- supervisors
will notify staff of the need to change hours as soon as practicable
- staff will
give reasonable notice of request for flex leave.
Field Officers - Management recognises the need for greater
flexibility in managing the flexible working hours scheme for field officers
and allows for variations in recognition of the employment situation of field
staff.
Hours of work - 7 hours/day, 35 hours/week, Monday to
Friday.
Commission's daily hours of business - 9 am to 5 pm.
Daily period in which work is to be performed (bandwidth) -
7.30 am to 7.00 pm. This period may be
varied with the agreement of staff and their supervisor to meet Commission or
staff needs. If the bandwidth is
altered, flex is accrued after 7 hours work (excluding meal breaks) and
overtime after 11.5 hours from the start of the altered bandwidth.
Minimum hours to be worked each day - 5 hours.
Maximum hours to be worked each day - 10, unless approved
otherwise.
Meal break - Minimum of 30 minutes every 5 hours. Field
Officer meal breaks are defined in a policy document held at the ICAC.
Flex Period - 140 hours (4 weeks).
Maximum Flex Leave that can be taken in any financial year -
26 days. This includes both flex and banked flex leave.
Carry over credit at end of Flex Period - up to 21 hours.
Carry over debit at end of Flex Period - up to 10
hours. Debits in excess of 10 hours
must be offset by an application for Annual Leave.
Flex Leave (FL) and Banked Flex Leave (BFL) that can be
taken in a Flex Period - 21 hours. The
minimum amount of FL that can be used is 1 hour. FL may be taken at the beginning and/or end of a period of other
leave. Only two days flex and/or banked flex leave can be taken consecutively
in any one flex period. A maximum of one other single day flex or banked flex
leave may also be taken in the same flex period. Flex and/or banked flex leave of three or more consecutive days
must be taken in conjunction with a minimum of seven days annual leave.
Banked Flex Leave - Working hours in excess of the 21 hour
carry over credit may be banked. The
maximum hours to be banked is up to 21 hours.
The minimum amount of BFL that can be used is 1 hour. BFL may be taken in conjunction with Flex
leave and at the beginning and/or end of a period of other leave.
Flex Record - Staff must maintain current and accurate
records of their working hours on the Commission's Flex Record. Data from the Record will be analysed from
time to time.
Review - The
adjustments made in this flex scheme as compared with that in the former ICAC
Enterprise Agreement 1994 will be reviewed by the CCG no later than twelve
months after this Award comes into effect.
10.2 FLEXIBLE WORK ARRANGEMENTS (FWA)
This Award aims to provide assistance to staff in balancing
their personal and work commitments.
This enables the Commission to be more flexible in the delivery of its
services and to improve the satisfaction of staff. FWA will only be available with the agreement of management. All conditions of employment in this Award
apply on a pro-rata basis.
The following FWA are available:
Permanent Part-time Employment - enables staff to
permanently work hours, which are less than the full-time weekly hours of their
position.
Part-time Leave Without Pay - enables staff to work on a
part-time basis for a period of time, either by cutting hours in their current
position or by doing other duties. At the end of the period they return to
full-time work.
Part Year Employment - enables staff to work for an agreed
number of weeks per year, with an agreed number of unpaid weeks.
Job Sharing - enables a job to be shared by two or more
staff. They may be employed on a part-time basis or may be full-time employees
taking part-time leave without pay.
Working at home - Staff may work at home from time to time
if it is an efficient and effective way of working and the outcomes to be
achieved are agreed to by their supervisor.
The documented security policies and procedures relating to this
provision must be adhered to at all times.
The CCG will examine the feasibility of WAH on a long-term basis before
the expiration of this Award.
A permanent member of staff, originally employed on a
full-time basis and currently working in a FWA has the right to return to
full-time employment. In such a case they will be paid at their substantive
salary level but may not be able return to the work carried out before entering
the FWA in accordance with the ICAC Policy.
10.3 LEAVE
10.3.1 Annual Leave
Staff are entitled to 20 working
days/140 hours annual leave per year.
Annual leave accrues at the rate of 1.67 working days/11.62 hours per
month and may be taken in periods of not less than ¼ day. At least 2 weeks annual leave must be taken
each financial year. To enable better
planning of annual leave and flex and banked flex leave, and to ensure better
availability of staff throughout the year, staff undertake to manage their
annual leave to give the Commission maximum notice of their wishes. The Commission, will, wherever possible,
meet the leave requirements of staff, however, the taking of annual leave is
subject to Commission convenience.
An annual leave entitlement does
not accrue during any periods of unpaid leave except for periods of sick leave
without pay.
Staff annual leave balances at 30
June each year must be less than or equal to 40 working days/280 hours unless
approved otherwise or leave in excess of 40 days/280 hours will be forfeited.
10.3.2 Concessional
Leave
At Christmas, where the Premier
grants concessional leave, the Commissioner may make a similar grant to
Commission staff provided that adequate service to the public is
maintained. Advice to staff on whether
the leave is available, as well as the relevant conditions, will be provided at
least two weeks prior to Christmas each year.
10.3.3 Easter
Thursday
The Commissioner may grant access
to an additional ½ day flex leave on the afternoon of Easter Thursday in the
flex period in which Easter Thursday falls, provided that adequate service to
the public is maintained.
10.3.4 Long Service
Leave (Extended Leave)
The ICAC long service leave
entitlements are:
LSL entitlement after 10 years
service - 2 months (44 working days) on
full pay and 11 working days for every year of service thereafter. LSL may be taken at ½ pay.
LSL entitlement after five years
service but less than 10 years service - If the ICAC terminates employment for
reasons other than serious and intentional misconduct, or, staff leave on
account of illness, incapacity or domestic or other pressing necessity, staff
are entitled to one months LSL for five years service plus a pro-rata rate for
service of between six and 10 years.
Service for LSL purposes - The
following service with public sector agencies may count for LSL purposes,
depending on the agency:
- permanent
and temporary work periods of employment with the ICAC under the ICAC Act.
- continuous service with agencies
under the Transferred Officers Extended
Leave Act 1961. This generally
includes service with the NSW public sector, some agencies in the Commonwealth
and other states. Where the break in
service between a public sector agency and starting work with the ICAC is less
than two months, this previous employment may be able to be recognised for LSL
purposes providing that the offer of employment with the Commission was
accepted with the Commission prior to resignation.
10.3.5 Family &
Community Service Leave and Carer's Leave
Family & Community Service
Leave (FACSL) - staff may be granted FACSL for reasons relating to:
- their
family responsibilities
- their
performance of community service duties
- pressing
necessity
A family and relative of a staff
member for these purposes is:
- a
spouse or de facto spouse; or
- a
same sex partner who lives with the member of staff as their de facto
- a child or an adult (including an
adopted child, a step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of staff or their spouse or de facto spouse; or
- a
relative who is a member of the same household, where for the purposes of this
paragraph:
'relative' means a person related
by blood;
'affinity' means a relationship
that one spouse because of marriage as to blood relatives of the other; and
'household' means a family group
living in the same domestic dwelling.
The maximum period of FACSL on
full pay that may be granted is:
- two and a half working days for the
first year of service and five working days in any period of two years after
this, or,
- after two years of continuous
service, one working day for every year of service, less any FACSL already
taken, whichever is the greater period.
Where FACSL is exhausted, two
additional working days FACSL may be granted on a discrete per occasion basis
on the death of a person defined above.
Carer's Leave (CL) - Where FACSL
is exhausted; unused sick leave may be granted to staff responsible for the
care of a family member using the above definition.
The sick leave that can be
accessed is:
- unused
sick leave from the current year's entitlement,
- then,
unused sick leave from the previous 3 years.
- access
to additional sick leave may be granted in special cases.
When applying for CL staff must
supply:
- a
medical certificate or Statutory Declaration for periods greater than 3 working
days.
- details of the name of the person
being cared for, their relationship with that person, the reason for that
period of leave.
- the
exact nature of the illness does not need to be disclosed.
The use of CL will be managed in
the same way as sick leave.
Where FACSL and CL are exhausted,
time off in lieu of overtime or travelling compensation or flex time, annual,
LSL and leave without pay may be granted.
10.3.6 Holy days and
essential religious duties
Staff of any religious faith who
need leave for the purpose of observing holy days of that faith may be granted
available paid or unpaid leave provided that adequate notice is given.
Staff of any religious faith who
need time off during daily working hours to attend to essential religious
duties of that faith may use the provisions of the Flexible Working Hours
Scheme.
10.3.7 Leave Without
Pay
Staff may be granted periods of
leave without pay in excess of 2 months after 2 years employment with the
Commission. The maximum period that may
granted in this case is 12 months.
Staff taking 12 months LWOP must return to work for the Commission for a
minimum of 2 years before further LWOP is granted.
10.3.8 Military Leave
Staff who are volunteer part-time
members of the Defence Forces may be granted military leave on full pay to
attend training, education, instruction and compulsory parades. The grant each financial year is:
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Navy Reserve
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26 calendar days
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Army Reserve
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28 calendar days
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Air Force Reserve
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32 calendar days
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10.3.9 Parental Leave
Maternity Leave - Female staff who
have been employed at the Commission for more than 40 weeks before the expected
date of confinement are entitled to:
- 9 weeks full pay or 18 weeks half-pay
that may be taken up to 9 weeks before the expected date of confinement; and
- up to 12 months maternity leave
without pay after the birth of the child or up to 2 years part-time, less the
period of paid maternity leave.
Female staff with less than 40
weeks service are entitled to up to 12 months maternity leave without pay.
Parental Leave - Staff who are
parents may be granted parental leave without pay for a period of up to 12
months within 2 years of the date of birth.
Alternatively up to 2 years part-time be granted.
Adoption Leave - Staff may be
granted adoption leave of up to 12 months without pay, or up to 2 years
part-time without pay if the child has not commenced school at the time custody
is taken. Where the staff have worked
for 40 weeks, 3 weeks adoption leave may be paid leave.
Staff resuming work at the end of
these types of leave are entitled to return to their substantive or comparable
position.
10.3.10 Public Holidays
The provisions of
the Banks & Banks Holidays Act 1912 apply and provide for the following
public holidays: New Years Day, Australia Day, Good Friday, Easter Saturday,
Easter Monday, Anzac Day, Christmas Day, Boxing Day or such other public holidays
that are proclaimed. The August Bank
Holiday is replaced by the Public Service Holiday, to be taken on a day
determined by the Commissioner between Christmas Day and New Year’s Day.
10.3.11 Sick Leave
Staff may be
granted up to 15 working days sick leave on full pay per calendar year and any
leave not taken is accumulated. The
entitlement for new staff starting after January is on a pro-rata basis. Once sick leave with pay is exhausted, sick
leave without pay may be granted.
Medical certificates must be provided for periods of sick leave in
excess of 3 working days, taken on a strike day, consecutively with a public
holiday and any time after giving notice of resignation or termination. Staff sick leave records will be reviewed
after they have taken 8 days sick leave that are not supported by a medical
certificate in any period of 12 months.
10.3.12 Special Leave
Special leave is paid leave, which
applies, to activities regarded as for Commission purposes and which are not
covered by other forms of leave.
Examples of when special leave may be granted are:
- for
jury service, subject to the provision of a certificate of attendance,
- where staff are subpoenaed or called
as a witness by the State, Territory or Commonwealth,
- some
trade union activities with the prior approval of the Commissioner,
- other
instances determined by the Commissioner.
10.3.13 Study
Time & Examination Leave
The Commission encourages staff to
undertake further study to enhance their skills and provides assistance in the
form of study time and examination leave for approved part-time courses of
study. An approved course is one that
develops or enhances a staff member's skills and assists them to carry out
their duties in the Commission and/or elsewhere in the public sector.
Study Time - Is available for:
attendance at lectures, tutorials, residential schools, field days etc, where
these are held during working hours; necessary travel during working hours to
attend lectures, tutorials etc., held during or outside working hours; and
private study.
30 minutes study time is granted
for each hour of lecture and/or tutorial attendance, up to a maximum of four
hours per week (inclusive of travel time).
The grant is the same for correspondence courses for which time granted
will be calculated on the basis of the equivalent face-to-face course.
Block periods of study time may be
granted for the research and thesis component of higher degrees, qualifying
studies for admission to higher degrees, or honours studies on the following
basis:
- where a course at any level involves
a thesis or major project as well as course work, the usual study time would be
granted for the course work, and ten days study time for the thesis/major
project component;
- for
qualifying studies entirely by thesis the grant is 10 days;
- for
masters degree studies by research and thesis only, the total grant is:
(i) 25 days for courses of 2 years
minimum duration;
(ii) 35 days for courses of 3
years minimum duration.
- for
doctoral studies, the total grant for the full duration of the course is 45
days.
Examination Leave - Up to 5 days per year is available for the
time actually involved in attending an examination as well as necessary
travelling time during working hours. It
is not available where an examination is conducted within normal class
timetables during the term/semester and study time has already been granted.
10.4 TRAVELLING TIME COMPENSATION
Staff, except Field Officers, who undertake approved travel
to a location other than the Commission's head office to perform their work,
may be compensated for the travelling time involved if is additional to their
normal travel time to and/or from head office:
- Travel
during bandwidth: is regarded as normal working hours, less normal travelling
time.
- Travel
outside bandwidth: is paid at the normal hourly rate, less normal travelling
time.
- Waiting
time: will be paid, less one hour, unless overnight accommodation is involved.
Periods of travelling time of less than 15 minutes; where
sleeping facilities are provided; and where staff stop travelling for meal
breaks, are not eligible for compensation.
Travelling Time Compensation is paid at staff's current rate of pay with
a maximum rate of the 1st Year Rate of ICAC Officer Level 3. Time in lieu may be granted instead of
payment. Time in lieu is calculated at
the same rate as payment.
10.5 OVERTIME
ICAC Officers Level 1-6 - who are directed to work outside
of the Flex Bandwidth shall be paid overtime at the rate of:
- Monday to
Saturday
- 150% (time
and a half) for the first 2 hours and
- 200% every
hour thereafter.
- Sunday -
200% (double time)
Public Holidays - Monday to Friday:
- 250%
(double time and a half - includes normal salary rate) during bandwidth
- 250%
(double time and a half) after bandwidth
- Saturday
& Sunday:
- 250%
(double time and a half)
Overtime is paid at staff's current rate of pay up to the
maximum rate of the 3rd Year Rate for ICAC Officer Level 4. A minimum of 3 hours payment will be paid
for overtime worked on weekends and public holidays or when staff are called
back to duty. Time in lieu may be
granted instead of payment. Time in
lieu is calculated at the same rate as payment.
A Meal Allowance may be paid when an expense is actually
incurred in obtaining a meal and staff ceased work for at least 30 minutes
before or during the period of overtime (meal breaks during overtime are not to
be counted as overtime). The Meal Allowances rates are those set from time to
time by the Australian Taxation Office as the reasonable limits for the payment
of overtime meal allowances.
- Breakfast,
when required to start work at or before 6 am
- Lunch, on any Saturday, Sunday or
Public Holiday when required to start before or at 8.30 am and until 1.30 pm or
later; or, at or after 8.30 am and until 2 pm or later
- Dinner,
when required to work beyond 7.30 pm
ICAC Officers Level 7-8 - are not entitled to the payment of
overtime. However, where, in the
opinion of the staff member's manager, ICAC Officers Level 7-8 work excessive
additional hours, their manager may approve compensation of not more than 7
hours leave in lieu per Flex Period.
Investigations staff Overtime Allowance - Investigators,
Senior Investigators, Field Officers and Senior Field Officers are paid an
Overtime Allowance in lieu of overtime payments for overtime worked on
weekdays, except public holidays. The
allowance forms part of overall remuneration and is:
Investigators/Field
Officers 9.1%
Senior
Investigators/Field Officers 8.7%
10.6 PERFORMING HIGHER DUTIES
Where staff are directed to perform the duties of a higher
level position, in addition to the experience gained performing those duties,
an allowance will be paid in the circumstances described here.
The allowance will be calculated by the difference between
staff member's current salary and the nearest salary point of the ICAC Officer
Level of the position being acted in.
Payment of the allowance will be as follows:
20 working
days or less - No payment
21 and 50
or less working days - 60% difference
for the full period
51 or more
working days - 100% difference for the full period
All instances of higher duties, whether paid or unpaid, are
to be recorded and reviewed regularly by the CCG from the making of this Award.
10.7 ALLOWANCES & LOADINGS
10.7.1 Annual Leave
Loading (ALL)
Each year, in the first pay period
in December, staff will be eligible to be paid an ALL of 17.5% of the monetary
value of up to four weeks Annual Leave accrued in the prior period of 1
December to 30 November. New staff will
be paid a pro-rata allowance based on Annual Leave accrued from their entry on
duty to 30 November.
The maximum rate at which ALL is
calculated is the 5th Year rate of ICAC Officer Level 7. ALL is not paid on resignation or dismissal
but is paid on retirement and redundancy.
10.7.2 Associate's
Allowance
Staff trained to be Associates
will receive the allowance referred to in Schedule 2. The allowance will be paid fortnightly to Associates for
recognition of annual training and being available to work as an
Associate. A daily sitting fee will
also be paid for each day of hearings.
The allowance will be increased in line with the salary increases prescribed
in this Award.
10.7.3 Community
Language Allowance
Staff appointed as language aides
under the Community Language Allowance Scheme (CLAS) will be paid the allowance
referred to in Schedule 2. The
allowance will be increased in line with the salary increases prescribed in
this Award.
10.7.4 First Aid
Allowance
Staff appointed as First Aid
Officers will be paid the allowances appearing in Schedule 2. These allowances will increase in line with
the salary increases prescribed in this Award.
10.7.5 Incidents
Allowance
A 12.2% Incidents Allowance is
payable to Field and Senior Field Officers in compensation for change of shift;
alteration of bandwidth; shift allowance; on-call allowance for days rostered
off; and, on-call allowance for days rostered days on. This Award sees a consolidation of the
Senior Field Officer's rate. The salary
level of the current Senior Field Officer will be maintained for the occupant
of the position as at the making of this Award until the new rate of 12.2%
catches up.
10.7.6 Travel
Allowances - Accommodation, Meals & Incidentals
The parties agree that the
arrangements for travel and meal allowances provided in this clause are to
apply to ICAC staff only and do not constitute a precedent for any other
department or agency.
(a) Staff who undertake approved travel to
perform their work are entitled to payment of a Travel Allowance to cover costs
of accommodation, meals and incidentals, where such expenses are reasonably and
necessarily incurred. Field Officer
conditions are defined in a policy document held at the ICAC. The Allowance rates are those set from time
to time by the Australian Taxation Office as the reasonable limits for the
payment of these allowances.
(b) Travel involving an overnight stay when
accommodation is provided free of charge, a daily allowance as set by the
Australian Taxation Office will be paid.
(c) Travel involving no overnight stay,
meals only may be paid at the rate set from time to time by the Australian
Taxation Office, or if there is no set rate, then reimbursement as per the
current policy will be made.
- Breakfast,
when required to commence travel at or before 6.00 am
- Lunch, when staff are unavoidably put
to additional expense or the additional expense, whichever is the lesser.
- Dinner,
when required to travel after 7.30 pm
(d) Overseas Travel will be at the rate
specified from time to time by the Australian Taxation Office as the reasonable
limit.
10.7.7 Motor Car
allowances
Where ICAC motor cars are not
available, there is no convenient public transport and a car is necessary,
approval may be given to staff to use their own motor car for official
business. The allowance rate appears in
Schedule 2.
Where other transport is available
but staff elect and the ICAC authorises, staff may use their own car. The specified journey rate applies up to the
cost of the public transport alternative.
11. CHILD CARE
The following support mechanisms for staff with childcare
responsibilities will be developed within 6 months of the making of this Award:
- a Parental Leave Information Package
that contains information on entitlements in a readily accessible, plain
English format.
- information to assist staff find
childcare for children up to 16 years of age. The information is to be updated
every 6 months.
12. GRIEVANCE & DISPUTE RESOLUTION
When a question, dispute or difficulty arises about the
matters referred to in this Award, or about conditions of employment, the
following steps must be followed:
STEP 1. The member of staff involved must
advise their supervisor or Director of the question, dispute or difficulty and
discuss the matter with them. If this
is not appropriate, the matter must be discussed with the Human Resource
Manager. The aim of these discussions
is to resolve the matter.
STEP 2. If the matter is not resolved, the
member of staff should notify a member of the CCG. The member of the CCG will arrange for discussions with the
senior management representatives of the CCG with a view to resolving the
matter.
STEP 3. If the matter remains unresolved, it
will be listed for discussion by the CCG at the next meeting or at a special
meeting. The CCG will seek to resolve
the matter by considering a range of options including alternative dispute
resolution. The PSA will be advised of
the situation at this stage.
STEP 4. If
the grievance remains unresolved, the PSA will discuss the matter with
management.
STEP 5. If
no resolution is reached, the matter may be referred to the Industrial
Relations Commission.
All other grievances will be managed through the ICAC
Grievance Mediation Policy.
13. VARIATIONS TO THIS AWARD AND NO FURTHER
CLAIMS
This Award may be varied as provided for in the Award and
the provisions of the Industrial
Relations Act 1996.
There will be no further claims in relation to the issues
covered by the Award during its operation.
Subject to the Industrial
Relations Act 1996 there shall be no industrial action relating to issues
covered by this Award during its operation.
14. AREA, INCIDENCE & DURATION OF THIS AWARD
This Award applies to all employees permanently or
temporarily employed under the ICAC Act. The Award does not apply to the ICAC senior
management.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
replaces the Independent Commission Against Corruption Award 1998 published 27
August 1999 (310 I.G. 628) and all variations thereof.
The award published 27 August 1999 took effect from the
first full pay period to commence on or after18 September 1998.
The changes made to the award pursuant to the Award Review
pursuant to section 19 (6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of the New South Wales on 18
December 1998 (308 IG 307) take effect on and from13 June 2001.
This award remains in force until varied or rescinded for
the period for which it was made already having expired.
15. NEGOTIATING THE NEXT INDUSTRIAL
INSTRUMENT
Work on the industrial instrument will start 3 months before
this Award expires.
16. ANTI-DISCRIMINATION
(1) It is the intention of the parties bound
by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace. This includes discrimination on
the grounds of race, sex, marital status, disability, homosexuality,
transgender identity, age and responsibilities as a carer.
(2) It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award that, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti‑Discrimination Act 1977, it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti‑
discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21
years of age;
(c) any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti‑Discrimination Act 1977;
(d) a party to this award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
(5) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
(a) Employers and employees may also be subject to Commonwealth
anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination
Act 1977 provides:
"Nothing in the Act affects
... any other act or practice of a body established to propagate religion that
conforms to the doctrines of that religion or is necessary to avoid injury to
the religious susceptibilities of the adherents of that religion."
SCHEDULE 1
ICAC OFFICER CLASSIFICATION SALARY RATES FROM 5 JANUARY 2001
|
ICAC Officer Level
|
Salary
|
ICAC Officer Level
|
Salary
|
|
1A
|
|
4
|
|
|
1st
|
$30,226
|
1st
|
$55,391
|
|
2nd
|
$30,891
|
2nd
|
$56,723
|
|
3rd
|
$31,957
|
3rd
|
$58,455
|
|
4th
|
$32,756
|
4th
|
$60,050
|
|
5th
|
$33,554
|
5th
|
$61,651
|
|
1B
|
|
5
|
|
|
1st
|
$34,088
|
1st
|
$62,846
|
|
2nd
|
$35,019
|
2nd
|
$64,311
|
|
3rd
|
$36,084
|
3rd
|
$66,177
|
|
4th
|
$37,017
|
4th
|
$68,306
|
|
5th
|
$37,949
|
5th
|
$69,905
|
|
1C
|
|
6
|
|
|
1st
|
$37,815
|
1st
|
$70,304
|
|
2nd
|
$38,746
|
2nd
|
$72,432
|
|
3rd
|
$39,813
|
3rd
|
$73,900
|
|
4th
|
$40,744
|
4th
|
$75,763
|
|
5th
|
$42,075
|
5th
|
$78,161
|
|
2
|
|
7
|
|
|
1st
|
$42,875
|
1st
|
$77,095
|
|
2nd
|
$43,807
|
2nd
|
$78,293
|
|
3rd
|
$45,003
|
3rd
|
$79,624
|
|
4th
|
$46,469
|
4th
|
$80,823
|
|
5th
|
$47,536
|
5th
|
$83,885
|
|
3
|
|
8
|
|
|
1st
|
$48,866
|
1st
|
$82,155
|
|
2nd
|
$50,197
|
2nd
|
$84,417
|
|
3rd
|
$51,263
|
3rd
|
$86,549
|
|
4th
|
$52,862
|
4th
|
$88,680
|
|
5th
|
$54,193
|
5th
|
$90,941
|
Schedule 2 ICAC Award
ALLOWANCE RATES as at 5 January 2001
|
1. Associate’s Allowance (Clause 10.7.2)
Total
allowance payable in 12 month financial year period not to exceed $3,620 pa
Allowance
payable as follows:-
|
|
|
- 50% allowance payable to approved staff
members on basis of training and
availability
|
$1,810 pa
|
|
- Daily rate
|
$45.25 pd
|
|
2. Community Language Allowance Scheme (Clause 10.7.3)
|
$788pa
|
|
3. First Aid Officer Allowance (Clause 10.7.4)
|
$505 pa
|
|
4. Overtime Meal Allowances (Clause 10.5)
|
Allowances will equal the ATO reasonable limits as set
from time to time and as adopted by the ICAC.
|
|
5. Travel Allowances (Clause 10.7.6)
Involving an overnight stay
Travel of at least 100 kms from head office &
involving no overnight stay.
|
Allowances will equal the ATO reasonable limits as set
from time to time and as adopted by the ICAC.
Meals only may be paid at the rate set by the ATO from
time to time and as adopted by the ICAC, provided that if there is no set
rate, then payment of actuals as per the current policy will be made.
|
|
6. Motor Car Allowances:
Official business rate.
Engine capacity:
over 2700 cc
1600 to 2700 cc
under 1600 cc
Specified journey rate.
Engine capacity:
over 2700 cc
1600 to 2700 cc
under 1600 cc
|
63.2 cpk
58.8 cpk
42.1 cpk
22.5 cpk
20.95 cpk
17.6 cpk
|
P. J. SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.