Crown Employees (Administrative and Clerical Officers - Salaries) Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 569 of 2007)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Title

2.         Definitions

3.         Salaries

4.         Adjustment of Salaries

5.         Promotion

6.         Calculation of Service

7.         Anti-Discrimination

8.         Grievance and Dispute Settling Procedures

9.         Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

PART A

 

1.  Title

 

This award shall be known as the Crown Employees (Administrative and Clerical Officers - Salaries) Award 2007.

 

2.  Definitions

 

"Employee" means all persons permanently or temporarily employed under the provisions of the Public Sector Employment and Management Act 2002, who are appointed to positions classified under this award.  It does not include any person who is engaged in the New South Wales Government Offices in London or New York or any other office established for identical purposes in a foreign country, State or Territory by the Government of New South Wales.

 

"Service" means continuous service.

 

"Department" means a department of the Public Service specified in Part 1 of Schedule 1 of the Public Sector Employment and Management Act 2002.

 

"Department Head" means the person or office specified in Column 2 of Schedule 1 of the Public Sector Employment and Management Act 2002.

 

"Director of Public Employment" or “DPE” means the employer for industrial purposes under the Public Sector Employment and Management Act 2002.

 

"Association" means the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales.

 

3.  Salaries

 

(a)        The salary rates for employees on the General Scale and on Grades 1 to 12 are set out in Table 1 of Part B, Monetary Rates.

 

(b)        An employee on the General Scale qualified at Higher School Certificate standard at 19 years of age is paid not less the amount set in Table 1 - Salaries.

 

(c)        An employee on the General Scale at 20 years of age is paid at not less than the amount for the 2nd year of service.

 

(d)        An employee on the General Scale at 21 years of age is paid at not less than the amount for the 3rd year of service.

 

(e)        Positions are classified within the General Scale and Grades 1 to 12 in accordance with the classification and grading system approved by the Director of Public Employment.

 

(f)         An employee temporarily employed under the provisions of the Public Sector Employment and Management Act 2002 is paid the weekly equivalent of the annual salary prescribed in Table 1.

 

4.  Adjustment of Salaries

 

The salaries of employees employed at the operative date of this award are adjusted to the appropriate scale prescribed by the award on the basis of years of service in position or grade.  Employees are deemed to have the years of service indicated by the salary received under the scale in force immediately prior to the operative date of this award.

 

5.  Promotion

 

Promotion to a grade and from grade to grade is subject to the occurrence of a vacancy in such grade.

 

6.  Calculation of Service

 

In calculating years of service for the purpose of this award the following periods are not taken into account:

 

(a)        Any period in respect of which an increment is refused in accordance with clause 16, Increments, of Part 3, Conditions of Service of the Public Sector Employment and Management (General) Regulation 1996;

 

(b)        Any leave of absence without pay exceeding five days in any incremental year;

 

(c)        Any period necessary to give full effect to a reduction in salary imposed under sections 52 and 48 of Part 2.7, Management of conduct and performance, of the Public Sector Employment and Management Act 2002.

 

7.  Anti-Discrimination

 

(a)        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.

 

(b)        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.

 

(c)        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.

 

(d)        Nothing in this clause is to be taken to affect:

 

(i)         any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)        offering or providing junior rates of pay to persons under 21 years of age;

 

(iii)       any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(iv)       a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(e)        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.

 

(i)         Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(ii)        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."

 

8.  Grievance and Dispute Settling Procedures

 

(a)        All grievances and disputes 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 appropriate department, if required.

 

(b)        An employee is required to notify in writing their immediate 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.

 

(c)        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 employee 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.

 

(d)        The immediate manager, or other appropriate officer, 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.

 

(e)        If the matter remains unresolved with the immediate manager, the employee may request to meet 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.  The employee may pursue the sequence of reference to successive levels of management until the matter is referred to the Department Head.

 

(f)         The Department Head may refer the matter to the DPE for consideration.

 

(g)        If the matter remains unresolved, the Department Head shall provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

(h)        An employee, at any stage, may request to be represented by the Association.

 

(i)         The employee or the Association on their behalf, or the Department Head may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

(j)         The employee, Association, department and DPE shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

(k)        Whilst the procedures outlined in subclauses (a) to (j) of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any employee or member of the public.

 

9.  Area, Incidence and Duration

 

This award applies to employees defined in clause 2, Definitions.

 

Employees are entitled to the conditions of employment provided by this award and by the Public Sector Employment and Management Act 2002 and the Public Sector Employment and Management (General) Regulation 1996. The provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 and Crown Employees (Public Sector – Salaries 2007) Award or any replacement awards, also apply to employees covered by this award, except where specifically varied by this award.

 

The salary rates in Table 1 of Part B, Monetary Rates, are set in accordance with the Crown Employees (Public Sector - Salaries 2007) Award and any variation or replacement award.

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Administrative and Clerical Officers - Salaries 2003) Award published 23 April 2004  (344 I.G. 155) and all variations thereof.

 

The changes to the award are made in accordance 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 NSW on 28 April 1999 (310 I.G. 359) to take effect from 31 July 2007.

 

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 - Salaries

 

The salary rates are effective from the beginning of the first pay period to commence on or after 1 July 2007.

 

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.