Crown Employees (NSW Department of CommunitIES AND
JUSTICE) Residential Centre Support Services Staff Award 2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public Service Association and Professional Officers' Association
Amalgamated Union of New South Wales,
Industrial Organisation of Employees.
(Case No. 144177 of 2020)
|
Before Chief Commissioner Constant
|
15 December 2020
|
VARIATION
1. Delete Clause
23, Area Incidence and Duration of the award published 28 February 2020 (386
I.G. 770) insert in lieu thereof the following:
23. Area, Incidence
and Duration
This award shall apply to persons employed in the
classifications contained in Part B of this award.
2. Delete Part B,
and insert in lieu thereof the following:
PART B
Schedule A - Rates
of Pay
|
Classification
|
1.7.19
|
1.7.20
|
|
|
Per annum
|
Per annum
|
|
|
$
|
$
|
|
Transport Driver -
|
|
Up to 2,950 kilograms
|
53,061
|
53,220
|
|
Over 2,950 kilos & up to 4,650 kilos*
|
53,494
|
53,654
|
|
Over 4,650 kilos & up to 7700 kilos*
|
53,948
|
54,110
|
|
Over 7,700 kilos & up to 10,800 kilos*
|
54,498
|
54,661
|
|
Over 10,800 kilos & up to 12,350 kilos*
|
54,969
|
55,134
|
|
Over 12,350 kilos & up to 15,500 kilos*
|
55,403
|
55,569
|
|
Over 15,500 kilos & up to 21,000 kilos*
|
55,947
|
56,115
|
|
Over 21,000 kilos & up to 22,450 kilos*
|
56,406
|
56,575
|
|
*Manufacturer's Gross Vehicle Mass
|
|
Extra Hand
|
53,061
|
53,220
|
|
Services Support Officer -
|
|
|
Grade 1
|
48,756
|
48,902
|
|
Grade 2
|
50,068
|
50,218
|
|
Grade 3
|
51,701
|
51,856
|
|
Apprentice Cook -
|
|
1st six months (50%)
|
26,532
|
26,612
|
|
2nd six months (70%)
|
37,144
|
37,255
|
|
3rd six months (80%)
|
42,448
|
42,575
|
|
4th six months (85%)
|
45,103
|
45,238
|
|
5th six months (90%)
|
47,755
|
47,898
|
|
6th six months (95%)
|
50,407
|
50,558
|
|
Hunter Residences -
|
|
|
|
Head Chef
|
71,642
|
71,857
|
|
Chef
|
63,424
|
63,614
|
|
Metro Residences -
|
|
|
|
Head Chef
|
57,805
|
57,978
|
|
Deputy Head Chef
|
55,403
|
55,569
|
|
Chef
|
54,498
|
54,661
|
|
Other Residences -
|
|
|
|
Head Chef
|
55,403
|
55,569
|
|
Deputy Head Chef
|
54,498
|
54,661
|
|
Chef
|
53,061
|
53,220
|
|
Outdoor Attendant Sewerage Works - Peat Island
|
55,403
|
55,569
|
|
Gardener (Tradesperson)
|
58,521
|
58,697
|
|
Gardener (non-Tradesperson)
|
54,969
|
55,134
|
|
Instructor Woodwork -
|
|
Without Qualifications - 1st Year
|
61,875
|
62,061
|
|
Without Qualifications - 2nd Year
|
63,050
|
63,239
|
|
Without Qualifications - Thereafter
|
63,692
|
63,883
|
|
With Qualifications - 1st Year
|
63,524
|
63,715
|
|
With Qualifications - 2nd Year
|
64,812
|
65,006
|
|
With Qualifications - Thereafter
|
65,469
|
65,665
|
|
Technical Instructor Without Qualifications -
|
|
1st Year
|
59,618
|
59,797
|
|
2nd Year
|
60,102
|
60,282
|
|
Thereafter
|
60,784
|
60,966
|
|
Technical Instructor with Qualifications -
|
|
|
1st Year
|
61,869
|
62,055
|
|
2nd Year
|
62,328
|
62,515
|
|
Thereafter
|
63,422
|
63,612
|
|
Therapy Aide -
|
|
|
1st Year
|
52,639
|
52,797
|
|
2nd Year
|
53,952
|
54,114
|
|
Thereafter
|
55,400
|
55,566
|
|
Supervisor - Linen Distribution -
|
|
|
Marsden, Grosvenor
|
53,445
|
53,605
|
Schedule B -
Special Allowances
(i) Services
Support Officers Grade 2 shall receive an additional duties allowance of $17.30
per week for appropriate duties involved in the maintenance and supervision of
swimming pools, pest control duties on a continuing basis, driving tractors
(other than drivers), maintenance of bowling greens and sporting ovals.
(ii) Services
Support Officers Grade 2 regularly required to perform work
on sewerage works and grease traps or other duties considered offensive
by the Department shall be paid an allowance at the rate of 3.60 per week; the
allowance is not automatically adjusted in the future.
(iii) Services
Support Officers Grade 2 required to assist in cleaning sewerage chokages and who are required to assist in opening up any
soil pipe, waste pipe, drain pipe or pump containing sewerage or who are
required to work in a septic tank in operation shall be paid an allowance of
$10.35 per day or part thereof.
(iv Drivers and
Extra Hands who handle wet and dry garbage shall be paid an allowance of 99
cents per hour. The allowance shall be
payable to Services Support Officers for those periods when they relieve Extra
Hands and are required to handle wet and dry garbage.
(v) Staff members
covered by this award who are required to handle linen of a nauseous nature
(other than in sealed bags) shall be paid an allowance of $4.90 per shift.
(vi Leading Hand
Allowance - A staff member, who is placed in charge of not less than two other
staff members of substantially similar classification, shall be paid in
accordance with the following:
|
Classification and Grades
|
Per Week
|
Per Week
|
|
|
$
|
$
|
|
In charge of 2 to 5 other staff members
|
34.60
|
35.55
|
|
In charge of 6 to 10 other staff members
|
49.35
|
50.75
|
|
In charge of 11 to 15 other staff members
|
62.85
|
64.60
|
|
In charge of 16 to 19 other staff members
|
76.95
|
79.10
|
This allowance will not be payable to those staff
members whose classification and salary includes supervisory responsibilities.
(vii) A Boiler
Attendant required to attend more than one high pressure boiler shall receive
an allowance of $938 per annum.
(viii) Uniform
Allowance - If the uniform of a staff member is not laundered at the expense of
the Department an allowance of $6.10 per week shall be paid to such staff
member.
Schedule C -
Allowances
Staff members shall be paid the following amounts when
working in situations where the conditions encountered are not normally
encountered by staff members of that classification:
(i) Cold
Places - Staff members working in places where the temperature is reduced by
artificial means to below 0 degrees Celsius shall be paid .88 cents per hour
extra. Where the work continues for more than two hours, staff members shall be
entitled to a rest period of 20 minutes every two hours without loss of pay.
(ii) Confined
Spaces - Staff members working in a place the dimensions or nature of which
necessitate working in a stooped or cramped position or without sufficient
ventilation shall be paid $1.10 per hour extra.
(iii) Dirty Work -
Work which a supervisor and staff member agree is of a dirty or offensive
nature by comparison with the work normally encountered in the classification
concerned and for which no other special rates are prescribed shall be paid for
by an additional amount at the rate of 88 cents per hour above the rate
prescribed by this award.
(iv) Height Money -
Staff members working at a height of 7.5 metres from the ground, deck, floor or
water shall be paid 88 cents per hour extra and 27 cents per hour extra for
every additional 3 metres. Height shall be calculated where it is necessary for
the staff member to place his/her hands or tools in order to carry out the work
to such ground, floor, deck or water. For the purpose of this subclause, deck
or floor means a substantial structure which, even though temporary, is
sufficient to protect a staff member from falling any further distance. Water
level means, in tidal waters, mean water level. This subclause shall not apply
to staff members working on a suitable scaffold erected in accordance with the Work Health and Safety Act 2011.
(v) Hot Places -
Staff members working in the shade in places where the temperature is raised by
artificial means to between 46 degrees Celsius and 54 degrees Celsius shall be
paid 88 cents per hour extra; in places where the temperature exceeds 54
degrees Celsius such staff members shall be paid $1.10 per hour extra. Where
work continues for more than two hours in temperatures exceeding 54 degrees
Celsius, staff members shall also be entitled to 20 minutes' rest after every
two hours’ work, without deduction of pay. The temperature shall be decided by
the supervisor of the work after consultation with the staff members who claim
the extra rate.
(vi)
(a) Insulation
Material - Staff members working in any room or similar area or in any confined
(unventilated) space where pumice or other recognised insulating material is
being used in insulating work shall be paid 72 cents per hour extra, or, if the
insulating material be silicate, $1.10 per hour extra, whether they are
actually handling such material or not; provided that such insulation material
shall include granulated cork but shall not include cork board or materials contained
in unbroken packages.
(b) Asbestos - A
staff member required to work with any materials containing asbestos or to work
in close proximity to staff members using such materials shall be provided with
and shall use all necessary safeguards as required by the appropriate
occupational health authority and where such safeguards include the mandatory
wearing of protective equipment such staff members shall be paid 88 cents per
hour whilst so engaged.
(vii) Wet Places -
(a)
(1) A staff member
working in a place where water other than rain is falling so that their
clothing shall be appreciably wet and/or water, oil or mud underfoot is
sufficient to saturate their boots shall be paid 88 cents per hour extra;
provided that this extra rate shall not be payable in respect to a staff member
who is provided with suitable and effective protective clothing and/or
footwear. A staff member who becomes entitled to this extra rate shall be paid
such rate for such part of the day or shift as he/she is required to work in
wet clothing or boots.
(2) Where a staff
member is required to work in the rain, he/she shall be paid 88 cents per hour
extra for the time so worked.
(b) A staff member
called upon to work knee-deep in mud or water shall be paid at the rate of $6.80
per day in addition to ordinary rates of pay prescribed for each day or portion
thereof so worked; provided that this subclause shall not apply to a staff
member who is provided with suitable protective clothing and/or footwear.
(viii) Acid Furnaces,
Stills, etc.- A staff member engaged on the construction or alteration or
repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar
refractory work shall be paid $4.40 per hour. This additional rate shall be
regarded as part of the wage rate for all purposes.
(ix) Depth Money -
A staff member engaged in tunnels, cylinders, caissons, coffer dams and sewer
work and in underground shafts exceeding 3 metres in depth shall be paid 88
cents per hour.
(x) Swinging Scaffolds -
(a) A staff member
working in a bosun's chair or on a swinging scaffold shall be paid $6.13 for
the first four hours whilst so engaged, thence $1.23 per hour thereafter.
(b) A staff member
shall not raise or lower a bosun's chair or swinging scaffold alone and an employer
shall not require a staff member to raise or lower a bosun’s chair or swinging
scaffold alone.
(xi) Spray
Application - A staff member engaged on all spray applications carried out in
other than a properly constructed booth approved by the WorkCover Authority
shall be paid 85 cents per hour extra.
(xii) Roof Work -
Staff members engaged in the fixing or repairing of a roof or any other work in
excess of 12 metres from the nearest floor level shall be paid $1.10 per hour
extra with a minimum payment of $1.10.
(xiii) Explosive
Powered Tools - Staff members required to use explosive powered tools shall be
paid cents per hour extra with a minimum payment of $2.05 per day.
(xiv) Toxic and
Obnoxious Substances -
(a) A staff member
engaged in either the preparation and/or the
application of toxic or epoxy based materials or materials of a like nature
shall be paid $1.10 per hour extra.
(b) In addition,
staff members applying such material in buildings which are normally
air-conditioned shall be paid 74 cents per hour extra for any time worked when
the air-conditioning plant is not operating.
(c) Where there is
an absence of adequate natural ventilation, the employer shall provide
ventilation by artificial means and/or supply an approved type of respirator
and, in addition, protective clothing shall be supplied where recommended by
the Department.
(d) Staff members
working in close proximity to staff members so engaged shall be paid 88 cents
per hour extra.
(e) For the purpose
of this clause, all materials which are toxic or which include or require the
addition of a catalyst hardener and reactive additives or two-pack catalyst
system shall be deemed to be materials of a like nature.
(xv) Rates Not Subject to Penalty Provisions -
The special rates herein prescribed shall be paid irrespective of the times at
which the work is performed, and shall not be subject to any premium or penalty
conditions.
(xvi) Extra Rate Not Cumulative - When more than
one of the above rates provide payment for disabilities of substantially the
same nature then only the highest of such rates shall be payable.
Schedule D
Salary Arrangements of Existing Staff Members, Services Support
Officers at 19/4/99
|
|
Rate as at 1.7.19
|
Rate as at 1.7.20
|
|
|
Per annum
|
Per annum
|
|
|
$
|
$
|
|
Outdoor
Attendant (Other)
|
|
|
|
11th year
and thereafter.
|
52,641
|
52,799
|
|
Current
incumbents only.
|
|
|
3. This variation
shall take effect from the first full pay period to commence on or after 1 July
2020.
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.