CROWN EMPLOYEES (OFFICER IN CHARGE ALLOWANCE - NSW AGRICULTURE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1822 of 2004)
Before The Honourable
Mr Deputy President Harrison
|
22 June 2004
|
REVIEWED AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Officer in Charge Allowance
3. Saving of Rights
4. Dispute Handling Procedures
5. Anti-Discrimination
6. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Allowances
Appendix 1 -
Responsibility of an Officer in Charge
1. Definitions
(i) "Officer in Charge" means an
Officer who is appointed as such by the Department and carries out the duties
of Officer in Charge and as determined from time to time, in an advisory office
of the NSW Department of Agriculture.
(ii) "Association" means the
Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales.
(iii) "Department" means the New
South Wales Department of Agriculture.
(iv) "Staff" shall mean all
permanent and temporary staff employed at the advisory office location by the
Department, pursuant to the Public Sector Employment and Management Act
2002. Casuals, contractors or those
working for work experience are not included for the purpose of this award.
(v) "OIC duties" shall be
determined from time to time by the Department. As a guide, Appendix 1 indicates the current range of
responsibilities that are required to be performed by an officer in charge.
(vi) "Location" shall mean an
advisory office as determined by the Department. Only one OIC shall be appointed to each location.
(vii) "OIC term" shall be
determined by merit selection and by an expression of interest. The period of appointment shall be a two (2)
year term or as determined by the Department.
2. Officer in Charge
Allowance
An Officer in Charge shall be paid an allowance of an amount
as set out in Table 1 - Allowances, of Part B, Monetary Rates.
3. Saving of Rights
(i) At the time
of making of this Award, no member of staff covered by this Award will suffer a
reduction in their rate of pay or any loss or diminution in his or her
conditions of employment as a consequence of the making of this Award.
(ii) Should there
be a variation to the Crown Employees (Public Sector Salaries - January, 2002)
Award, or an Award replacing it, staff under this award will maintain the same
salary relationship to the rest of the Public Service.
4. Dispute Handling
Procedures
All grievances, disputes, or difficulties relating to the
provisions of this Award shall initially be dealt with as close to the source
as possible, with graduated steps for further attempts at resolution at higher
levels of authority within the Department, if required.
(i) A member of
staff is required to notify (in writing or otherwise) their immediate supervisor
or manager, as to the substance of the grievance, dispute or difficulty,
request a meeting to discuss the matter, and if possible state the remedy
sought.
(ii) Where the
grievance or dispute involves confidential or other sensitive material (including
issues of harassment or discrimination under the Anti Discrimination Act 1977) that makes it impractical for the staff
member to advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Department
Head or delegate.
(iii) The immediate
supervisor or manager shall convene a meeting in order to resolve the
grievance, dispute or difficulty within two (2) working days, or as soon as
practicable, of the matter being brought to attention.
(iv) If the matter
remains unresolved with the immediate supervisor or manager, the member of
staff may request to meet with the appropriate person at the next level of
management in order to resolve the matter.
This manager shall respond within two (2) working days, or as soon as
practicable. This sequence of reference
to successive levels of management may be pursued by the member of staff until
the matter is referred to the Director-General.
(v) In the event
that the matter remains unresolved, the Director-General or his/her nominee
shall provide a written response to the member of staff and any other party
involved in the grievance, dispute or difficulty, concerning action to be
taken, or the reasons for not taking action, in relation to the matter.
(vi) A member of
staff may request to be represented by an Association representative.
(vii) The member of
staff or Association on their behalf, or the Director-General may refer the
matter to the Industrial Relations Commission of New South Wales if the matter
is unresolved following the use of these procedures.
(viii) The member of
staff, Association and Department agree to be bound by any lawful order or
determination by the Industrial Relations Commission of New South Wales in
relation to the grievance, dispute or difficulty.
(ix) Whilst the
procedures are being followed, normal work undertaken prior to notification of
the grievance or dispute shall continue unless otherwise agreed between the
parties. In the case of a dispute
involving Occupational Health and Safety, normal work shall proceed in such a
manner as to avoid any risk to an officer of the Department or member of the
public. If practicable, normal work
shall proceed in such a manner to avoid any risk to the health and safety of
any officer or member of the public.
5.
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 which, 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."
6. Area, Incidence
and Duration
(i) This Award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (New South Wales Department
of Agriculture Officer in Charge Allowance) Award published 13 July, 2001 (326
I.G. 169).
(ii) The Award published
13 July, 2001 took effect from the first full pay period to commence on or
after 7 May 2001.
(iii) The changes
made to this award pursuant to the Award Review under 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 18 December
1998 (308 I.G. 307) take effect on and from 22 June 2004.
(iv) The Award
remains in force until varied or rescinded, the period for which it was made having
already expired.
PART B
MONETARY RATES
Table 1 - Allowances
Clause No.
|
Brief Description
|
Amount
|
|
|
Effective
|
|
|
4.7.2003
|
|
|
$
|
2
|
Administrative responsibility for up to 3 staff
|
1,558
|
2
|
Administrative responsibility for up to 6 staff
|
2,335
|
2
|
Administrative responsibility for up to 10 staff
|
3,113
|
2
|
Administrative responsibility more than 10 staff
|
4,673
|
APPENDIX 1
Responsibility of an Officer in Charge
An Officer in Charge (OIC) is responsible for the effective
and economic co-ordination and management of staff, finances, resources, two
way communication (i.e. communication to staff under their control and from the
staff to the appropriate Regional Director) and accommodation matters in a
district advisory office. Those
responsibilities and the decision making process must have regard to
Departmental policy and practices and any relevant legislation.
The duties of an OIC are defined as:
1. Staff
Day to day co-ordination, leadership and supervision of
staff;
Processing leave applications and approving them within
delegation limits;
Advice of entry on duty and cessation of duty;
Supervision of staff appointed under Government
training and Employment schemes;
Determining work priorities for office and support
staff;
Ensuring compliance with flexitime or other attendance
requirements;
Provision of office relief;
Approving travel claims and authorities to travel;
Exercising appropriate administrative delegations.
2. Finances
Supervision of office priorities, estimate and budgets;
Acknowledging receipt of goods received in the office;
Oversighting maintenance of assets register, library
records, petty cash, saleable publications, accountable books and registers;
Approve petty cash purchases;
Approve pro-forms within limits of delegation.
3. Resources
Initiate action for suppliers and services;
Reporting lost, stolen, unserviceable or transferred
property;
Oversighting the use of official vehicles in accordance
with Department policy;
Co-ordination of Department facilities in time of local
nature disaster or other crises in the rural industries.
4. Communication
Co-ordinate the issues of publicity material to meet
local office commitments;
To be contract officer for Departmental staff, Members
of Parliament, Local agricultural matters in the area;
Adviser to the appropriate Regional Director on any
local matter which should be brought to his/her attention;
Maintenance of a diary of coming events and press
clipping service.
5. Accommodation
Organise office, garage and storage in the District
Office in respect of staff changes, maintenance requirements and provision of
facilities;
Where appropriate, liaise with the owner or building
manager or Government Supply Office in respect of cleaning requirements;
Maintenance of appropriate housekeeping standards;
Ensuring appropriate security is maintained;
Ensuring confidentiality of documents and Departmental
information.
R. W. HARRISON D.P.
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Printed by the authority of the Industrial Registrar.