Crown Employees (Department of the Arts, Sport and Recreation - Services Officers) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 583 of 2007)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Definitions

3.         Parties

4.         Objects of the Award

5.         Temporary and Casual Employees

6.         Salaries

7.         Uniforms and Laundry Allowance

8.         Hours of Duty

9.         Overtime

10.       Leave

11.       Weekends and Public Holidays

12.       Higher Duties Allowance

13.       Public Service Holiday

14.       Annual Leave Loading

15.       Flexible Use of Staff

16.       Anti Discrimination

17.       Occupational Health and Safety

18.       Grievance and Dispute Settling Procedures

19.       Deduction of Union Membership Fees

20.       Consultative Committee

21.       Transitional Arrangements

22.       Area, Incidence and Duration

 

Schedules

 

1.         Centre Locations

2.         Services Officer Competencies

3.         Assistant Services Officer Competencies

 

PART B

 

MONETARY RATES

 

1.         Table 1 - Salary scale for Services Officers prior to competency attainment

2.         Table 2 - Salary scale for Services Officers after competency attainment

3.         Table 3 - Salary Scale for Assistant Services Officers

 

ANNEXURE A

 

PART A

 

1.  Title

 

This Award will be known as the Crown Employees (Department of the Arts, Sport and Recreation - Services Officers) Award.

 

2.  Definitions

 

"Association/PSA" - Means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

"Assistant Services Officer" - Means employees performing work previously performed by the classifications of Gatekeeper, Kiosk Attendant, Kiosk Supervisor, Pool Attendant, Housekeeper and Residential Assistant.

 

"Centre" - Means a Departmental establishment or site as listed at Schedule 1. It also includes any place designated as part of, or as an annex to, such an establishment.

 

"Director-General" - Means the Director-General of the Department of the Arts, Sport and Recreation.

 

"Department/DASR" - Means the NSW Department of the Arts, Sport and Recreation.

 

"Emergency" - Means any major and unexpected change in client demand; a sudden staff shortage that could not have been planned for; a major climatic disturbance or other incident that has a significant effect on the safety of clients, staff or structures.

 

"Employee" - Means all persons, including officers permanently or temporarily employed under the provisions of the Public Sector Employment and Management Act 2002, or any legislation which repeals and replaces the Act, and who as at the operative date of this Award were occupying one of the positions covered by this Award, or who, after that date, are appointed to or employed in any such position.

 

"Manager" - Means a person occupying a position of General Manager or Venue Manager within a Centre.

 

"Service" - Means continuous service with the Department.

 

3.  Parties

 

3.1        This award has been made between the following parties:

 

Director of Public Employment

 

Public Service Association and Professional Officers Association Amalgamated Union of New South Wales

 

Department of the Arts, Sport and Recreation

 

4.  Objects of the Award

 

4.1        DASR and the employees covered by this Award are committed to working together to ensure a healthy and safe working environment.

 

4.2        DASR will provide adequate occupational health and safety training and systems to support this objective. Employees will cooperate in undertaking that training and applying their knowledge in their duties.

 

4.3        DASR will provide the means, including training in alternative techniques and products, to ensure that employees apply environmentally sound practices in carrying out their duties.

 

4.4        DASR and its employees recognise that flexibility and continuous improvement are necessary for the organisation to provide excellent client service. This ability to adjust to the changing needs of customers and competition within the industry will enhance the organisation’s reputation; underpin job security and support the viability of the organisation’s business. Employees under this award are an important part of the Centre support team. They apply their skills flexibly and play a critical role in ensuring that the Department’s assets are protected and maintained and that our Centres are safe, welcoming and attractive.

 

4.5        DASR will provide opportunities for employees to develop their skills and undertakes to pay for those skills in accordance with the competency framework and organisational need. DASR will assist employees to record their achievements and qualifications in a portfolio. This will provide employees with a tangible record of their skills that may be used to further their career development and employment opportunities.  In turn employees undertake to develop and apply their skills to the best of their ability.

 

4.6        DASR and its employees are committed to fostering an excellent quality of working life and fair employment practices. DASR undertakes to assist employees to balance work and family responsibilities in keeping with its objective of being an employer of choice.

 

4.7        DASR and its employees value teamwork, open communications and a harmonious workplace and undertake to work together in a spirit of cooperation.

 

5.  Temporary and Casual Employees

 

5.1        A temporary employee is one engaged to undertake the duties covered by this award under section 27 of the Public Sector Employment and Management Act 2002.

 

5.2        A temporary employee may be employed to undertake work for a regular fixed period to carry out a project or task, to undertake the duties of a vacant position, to provide additional assistance, or for any other reasons that is consistent with section 27(3) of the Public Sector Employment and Management Act 2002.

 

5.3        Temporary employees will receive a salary commensurate with the individual's level of knowledge and experience as determined by the Manager in accordance with rates provided at Tables 1, 2 or 3 of Part B, Monetary Rates.

 

5.4        A casual employee is one engaged to undertake the duties covered by this award under section 38 of the Public Sector Employment and Management Act 2002.

 

5.5        A casual employee may be employed to undertake work on an hourly basis to carry out work that is irregular, intermittent, short term, urgent or arising from an emergency or for any other reason that is consistent with section 38(3) of the Public Sector Employment and Management Act 2002.

 

5.6        Casual employees will receive a salary commensurate with the individual's level of knowledge and experience as determined by the Manager in accordance with the hourly rates provided at Tables 1, 2 or 3 of Part B, Monetary Rates, and will receive a 15% loading during the period of employment.  At the completion of the employment period, the casual employee will also be paid 4/48th of ordinary pay earned during their period of employment in lieu of annual leave benefits.

 

5.7        Casuals shall also receive the following entitlements in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006:

 

(a)        Unpaid parental leave in accordance with paragraph 12(iv)(d);

 

(b)        Personal Carer’s entitlement in accordance with subclause 12(v); and

 

(c)        Bereavement entitlement in accordance with subclause 12(vi).

 

This entitlement is also set out at Appendix A of this Award.

 

6. Salaries

 

6.1        Salary rates are specified at Part B, Monetary Rates.

 

6.2        Salary rates in this award are set in accordance with the Crown Employees (Public Sector - Salaries 2007) Award or any variation or replacement award.

 

6.3        The salary rates referred to in Part B, Monetary Rates represent an all-inclusive salary excluding the payment of overtime. The annual salary incorporates compensation for all of the following:

 

Machinery allowance;

 

Penalty rates;

 

Qualifications allowance

 

Tool allowance; (all tools required are provided by the Department)

 

Night work allowance;

 

Annual leave loading

 

6.4        Services Officer salary levels will be determined in accordance with the competency structure outlined at Schedule 2.

 

6.4.1     New appointees to the Department will be appointed on probation in accordance with section 23 of the Public Sector Employment and Management Act 2002.

 

6.4.2     New appointees will be appointed at a salary commensurate with their skills, experience and qualifications as determined by the Manager, in accordance with the rates provided at Part B, Monetary Rates, Table 1 (Services Officers) and Table 3 (Assistant Services Officers).

 

6.4.3     New appointees will be assessed within 3 months of appointment against the competencies required for the level to which they were appointed.  Services Officers who are assessed as competent at the level to which they were appointed will receive the salary rate specified at Part B, Monetary Rates, Table 2 (Services Officers) from the date of assessment.  If this assessment is not completed within 3 months of the initial date of appointment but the Officer is later assessed as meeting the required competencies, payment at the post-competency rate will be backdated to 3 months from the date of initial appointment.

 

6.4.4     Services Officers and Assistant Service Officers who are assessed as not possessing the competencies required for the level to which they are appointed will be provided with a written report within 2 weeks of the assessment which will state which competencies they have not attained and specify further training and development required.  The staff member will be advised that a further assessment will be conducted within 6 months of appointment.  Services Officers who are subsequently assessed as competent at the level to which they were appointed will receive the salary rate specified at Part B, Monetary Rates, Table 2 (Services Officers) from the date of assessment.

 

6.4.5     Services Officers who are assessed as not being fully competent at any of the Services Officer Levels and Assistant Services Officers who are assessed as not fully competent at the level they were appointed to at the six month assessment may have their appointment annulled in accordance with section 23 of the Public Sector Employment and Management Act 2002.

 

6.4.6     Employees appointed on probation to positions classified as Services Officer (Groundsperson) or Services Officer (Gardener) must possess an appropriate trade certificate and will be remunerated at Services Officer Level 4 at the rate specified at Part B, Monetary Rates Table 1.  New appointees will be required to demonstrate the essential competencies required for Services Officer Level 1 at which time they will be remunerated at the rate specified for Services Officer Level 4, at Part B, Monetary Rates Table 2.

 

6.4.7     New appointees to Services Officer (Groundsperson) and Service Officer (Gardener) positions will be assessed within three months of appointment.  Services Officer (Groundsperson) and Service Officer (Gardeners) who are assessed as not possessing the competencies required will be provided with a written report within two weeks of the assessment which will state which competencies they have not attained and specify the training and development required.  The employee will be advised that a further assessment will be conducted within six months of appointment.  Services Officers appointed to these positions who are not assessed as fully competent may have their appointment annulled in accordance with section 23 of the Public Sector Employment and Management Act 2002.

 

6.4.8     The Department will provide new appointees with training and development to support the attainment of competencies prescribed for the level at which they were appointed.  The provisions of subclause 4.5 will also apply to new appointees.

 

6.4.9     Temporary employees engaged for 3 months or less will not be required to undertake competency assessment and will be remunerated in accordance with subclauses 5.3 or 5.4.  Temporary employees whose period of employment is extended beyond 3 months will be required to undertake competency assessment for the level at to they are employed.

 

6.5        Services Officer Competency Progression

 

6.5.1     Assessment will be held on the anniversary of the initial employment, unless another date is agreed upon by the employee and Manager with the approval of the appropriate Director, for reasons of equity, client demand or safety.

 

6.5.2     Assessment will be undertaken by a member/s of management or staff who have completed the Plan, Conduct and Review Assessment modules of the Certificate IV Workplace Assessment and Trainers qualification, with the assistance of an independent subject expert if required. The assessor/s will not be an employee of the same Centre as the employee to be assessed.

 

6.5.3     A list of the competencies is attached at Schedule 2. 

 

6.5.4     The recommendation of the assessor/s will be provided to and discussed with the employee before being submitted to the Manager for approval.

 

6.5.5     If progression is recommended, the Manager will approve progression from the date the assessment was held provided the employee’s manager has also certified that his/her work performance is satisfactory.

 

6.5.6     If there is a dispute over the recommendation, the matter should be handled according to the Grievance Handling and Dispute Settling Procedure in this Award.

 

6.5.7     If progression is not recommended, the employee will be provided with a written report within 2 weeks of the assessment indicating what further development or training is required. A further assessment will be held within 6 months with the employee’s agreement. No more than 3 assessments are to be held each year for the one employee.

 

6.5.8     Where the competency is to be assessed by a relevant certificate the Department will pay for the training and the renewal of certificate if the competency is required at the employee’s current Centre.

 

6.5.9     Progression of employees classified and known as Assistant Services Officers Level 1 and 2 including officers previously called Residential Assistant; Housekeeper; Kiosk Attendant; Pool Attendant and Gatekeeper, will be by merit selection to an available vacancy.

 

6.5.10         Employees classified under this Award as Groundspersons or Gardeners must possess an appropriate trade certificate and will also be required to meet Level 1 essential competencies listed in Schedule 2. Employees under this classification will be appointed by merit selection to an available vacancy and will be remunerated at Services Officer Level 4.

 

7.  Uniforms and Laundry Allowance

 

7.1        Uniforms will be provided and replaced in accordance with the Department’s Uniform Policy. 

 

7.2        A laundry allowance will be paid fortnightly to the employee at the rate specified in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 or any replacement Award at Item 15 of Table 1 - Allowances, of Part B, Monetary Rates.

 

8.  Hours of Duty

 

8.1        Employees are required to work 152 hours over a period of four weeks.

 

8.2        A minimum of 4 hours and a maximum of 12 hours will be required to be worked on any given day, excluding meal breaks.

 

8.3        Hours of duty will not be restricted to specific hours of the day. However, hours of duty will be generally undertaken between 6.00 am and 7.00 pm. Hours to be worked outside of these times will be rostered or requested to be undertaken only when management considers it necessary to meet actual client demand.

 

8.4        Employees will not be rostered for more than two consecutive shifts exceeding 10 hours each.  Employees will be rostered for no more than six shifts exceeding 10 hours each in any four-week roster cycle.

 

8.5        Employees will not be rostered for more than 10 days in either the first or second fortnight of the four-week roster period. Nor will they be rostered for more than 7 consecutive days over any period. Employees will be rostered off duty for a minimum of 9 days during any roster cycle. Employees will be rostered off duty for a minimum of two consecutive days in both the first and second fortnights of the four-week roster period.

 

8.6        Employees are not permitted to work more than five consecutive hours without taking a break from duty of not less than thirty minutes. This break from duty is not a paid break.

 

8.7        Hours of duty are to be determined by a roster that must be displayed in an area available to all employees no less than 7 days before the beginning of the four-week roster cycle.

 

8.8        Rostered hours of duty may be required on any day of the week including Saturdays, Sundays and Public Holidays. Employees will not be rostered for duty on more than two weekends in any four-week roster cycle.

 

8.9        The distribution of weekend, Public Holiday and out-of-hours work will be allocated equitably between all employees subject to the ability of the Centre to meet client demand.

 

8.10      In emergencies, rosters may be varied by the Manager or Service Co-ordinator, provided that 24 hours' notice is given to the employee.

 

8.11      If an employee's rostered hours of duty are varied with insufficient notice, as required by subclause 8.7, the employee will receive payment at the rate of double time for all hours which represent the difference between the hours of duty originally rostered and those being requested of the employee. The employee may choose to take time in lieu of payment of overtime.

 

8.12      Local arrangements to apply at particular Centres may be negotiated between an employee and the Manager or Service Co-ordinator.  All local arrangements must be documented and approved by the relevant Director.  The PSA will be informed about permanent or long-term arrangements.

 

8.13      Employees are entitled to a minimum 10 hour break from duty between the end of one shift and the beginning of the next.  If such a break is not provided, the employee is entitled to receive payment at overtime rates as calculated in accordance with Clause 9 for all work undertaken until a 10 hour break can be provided.

 

9.  Overtime

 

9.1        Overtime refers to:

 

(a)        hours of duty undertaken during a four week roster cycle in excess of 152;

 

(b)        hours of duty undertaken on days which are in excess of 10 days in any fortnight (ie: the eleventh, twelfth, thirteenth or fourteenth days rostered in a fortnight);

 

(c)        hours undertaken on the twentieth day of rostered duty in a roster cycle;

 

(d)        hours undertaken beyond the hours of duty rostered on a particular day;

 

(e)        hours undertaken on any consecutive days worked in excess of 10 days until such time as a break in duty occurs of a minimum of one full day.

 

9.2        Overtime will be paid to employees at double the ordinary hourly rate. This is calculated by dividing the weekly rate of pay (ie: annual salary divided by 52.17857) by 38.

 

9.3        Overtime will be paid in the first available pay period following the end of the roster cycle.

 

9.4        An employee may choose to take leave in lieu of payment for all or part of his/her overtime entitlement. Leave in lieu may be accrued to a maximum of 80 hours and is to be taken at a time convenient to both the employee and the Department.

 

9.5        Leave in lieu of payment in accordance with subclause 9.4 will accrue at the rate of two hours for each hour overtime undertaken and proportionately for periods of less than one hour. Proportions of overtime of less than 15 minutes will be disregarded in determining the amount of accrued leave in lieu.

 

9.6        The minimum period of leave in lieu that an employee can take is two hours. Leave in lieu must be taken in full-hour multiples.

 

9.7        Any overtime accrued beyond 80 hours will be automatically paid to the employee.

 

9.8        Managers and employees should make every effort to ensure leave in lieu entitlements are utilised prior to the termination of services.  Payment for outstanding leave in lieu balances will only be made on the termination of the employee’s services in exceptional circumstances, such as death or debilitating injury or illness, that result in the sudden and early termination of the contract.

 

10.  Leave

 

10.1      Leave entitlements will be calculated in hours based on general Public Service leave provisions included in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

10.2      All absences from duty will be determined based on the actual number of hours an employee is absent from duty and debited in multiples of two hours. Absences from duty, which do not total a multiple of two hours, will be rounded up to the nearest multiple of two hours for the purposes of debiting leave.

 

11.  Weekends and Public Holidays

 

11.1      Employees who undertake duty on Saturdays, Sundays or Public Holidays will receive compensation of additional recreation leave based on the following scale:

 

 

11.2      The number of days to be worked to entitle an employee to accrue additional recreation leave refers to the actual number of days the employee is required to undertake duty on either a Saturday, Sunday or Public Holiday. It is irrelevant how many hours the employee is required to perform on those days.

 

11.3      For the purposes of rostering, Public Holidays will be credited as 8 hours even if an employee is not required to attend for duty or is required for duty for less than 8 hours on that day. If an employee is required to work on a Public Holiday for more than 8 hours, the actual hours of duty on that day will be credited against the roster.

 

11.4      Employees required to undertake work on weekends and/or Public Holidays are also entitled to the following additional salary entitlements:

 

 

11.5      Accrued leave entitlements will be made available to employees on an annual basis on 1 December of each year. Accrued salary entitlements under this clause will be paid to employees in the first available pay period after 1 December each year or the first available pay after a quarterly claim has been lodged.

 

12.  Higher Duties Allowance

 

12.1      The provisions contained in Part 5 Division 2 Higher Duties and Acting Allowances of the Public Sector Employment and Management (General) Regulation 1996, or the relevant provisions of any legislation or regulation that repeal or replace the Regulation, will apply to employees who relieve in classifications of a higher salary level.

 

12.2      An employee who relieves in another position and satisfactorily performs all the duties and assumes all the responsibilities will be paid, by higher duties allowance, the difference between their current salary and the salary they would be paid if appointed to the relief position.

 

12.3      An employee who does not perform the whole of the duties or assume all the responsibilities of the relief position will be paid a proportion of the higher duties allowance.  The amount of the allowance will be determined by the Manager.

 

12.4      Higher duties allowance will not be paid if the period of relief is less than 5 working days or for periods of leave exceeding 5 working days.

 

13.  Public Service Holiday

 

13.1      All employees will be entitled to receive one day off duty each year as the "Public Service Holiday".

 

13.2      The Public Service Holiday will be any one of the calendar days that fall within the last calendar fortnight of each year and will be considered to be an 8-hour day to be credited towards the 152-hour, 4-week roster cycle.

 

13.3      The Manager will determine which day is to be granted to an employee as a Public Service Holiday.

 

13.4      Employees will be advised of the date of the Public Service Holiday no later that 1 December each year.

 

13.5      The Public Service Holiday provided for in this clause is in lieu of all picnic days provided for under any other industrial instruments.

 

14.  Annual Leave Loading

 

14.1      Total salary rates provided for by this Award incorporate annual leave loading of 17.5% of four weeks’ pay at the employee’s annual salary or equivalent.

 

15.  Flexible Use of Staff

 

15.1      Employees may be required, at the direction of the Manager or Service Co-ordinator, to undertake general kitchen duties.

 

15.2      The discretion of management to use staff in accordance with subclause 15.1 will be used only in situations where client demand requires it.

 

15.3      No employee will be required to undertake kitchen duties unless they have been sufficiently instructed or are supervised by an appropriately trained person.

 

15.4      An employee’s place of work may be changed from one Centre to another on a temporary basis for reasons of skills transfer, to meet seasonal or unexpected client demand, emergency or at the employee’s request.

 

15.5      If a Centre is closed due to seasonal demand, or is temporarily not providing services for reasons of emergency, employees may be asked either to temporarily relocate to another Centre for up to one roster period with extension available with mutual agreement or, alternatively, to take accrued leave.

 

15.6      Subclauses 15.4 and 15.5 will be subject to consultation with the employee and personal circumstances will be taken into account.

 

15.7      Travelling compensation for employees who are temporarily relocated is governed by clauses 26-35 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

16.  Anti-Discrimination

 

16.1      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.

 

16.2      It follows that in fulfilling their obligations under the Grievance and Dispute Resolution Procedures prescribed by this Award at Clause 18 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.

 

16.3      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.

 

16.4      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.

 

16.5      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.

 

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 this 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.”

 

17.  Occupational Health and Safety

 

17.1      The Department is committed to providing a safe and healthy workplace. The Department will ensure that no employee is requested to perform work for which she/he is not adequately trained. The Department will provide training in all required aspects of chemicals handling, use of machinery, manual handling and other aspects of work integral to the duties to be carried out.

 

18.  Grievance and Dispute Settling Procedures

 

18.1      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.

 

18.2      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.

 

18.3      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.

 

18.4      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.

 

18.5      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.

 

18.6      The Department Head may refer the matter to the Director of Public Employment for consideration.

 

18.7      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.

 

18.8      An employee, at any stage, may request to be represented by the Association.

 

18.9      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.

 

18.10    The employee, Association, Department and the Director of Public Employment shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

18.11    Whilst the procedures outlined in subclauses (i) to (x) 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.

 

19.  Deduction of Union Membership Fees

 

19.1      The Association will provide the Department with a schedule setting out fortnightly union membership fees payable by members of the union in accordance with the union’s rules.

 

19.2      The Association will advise the Department of any change to the amount of fortnightly union membership fees made under its rules.  Any variation to the schedule of fortnightly union membership fees payable will be provided to the Department at least one month in advance of the variation taking effect.

 

19.3      Subject to 19.1 and 19.2, the Department will deduct union fortnightly membership fees from the pay of any employee who is a member of the Association in accordance with the Association’s rules, provided that the employee has authorised the Department to make such deductions.

 

19.4      These deductions from an employee’s pay will be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to the employee’s union membership accounts.

 

19.5      Unless the Department and the Association agree to other arrangements, all union membership fees will be deducted on a fortnightly basis.

 

19.6      Where an employee has already authorised the deduction of union membership fees from his or her pay before this clause taking effect, nothing in this clause will be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

20.  Consultative Committee

 

20.1      The parties will use the Department’s Joint Consultative Committee to consider issues raised in relation to the Award and to recommend action if necessary.  The parties agree to consider issues in a consultative and cooperative manner.

 

20.2      Recommendations from the Committee will be submitted to the Director-General with a request for a report back to the Committee.

 

21.  Transitional Arrangements

 

21.1      No Transitional Arrangements have current effect, the period for transition of employees from the Department of Sport, Recreation and Racing Centre Support Officers Enterprise Agreement 1994 having expired.

 

22.  Area, Incidence and Duration

 

22.1      This award will apply to all employees employed for the purposes of providing general services to Centres.

 

22.2      The employees regulated by this award will be entitled to the conditions of employment as set out in this award and, except where specifically varied by this award, existing conditions provided for by the Public Sector Employment and Management Act 2002 and Regulation 1996, the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 and the Crown Employees (Public Sector - Salaries 2007) Award or any replacement awards.

 

22.3      This Award replaced the Department of Sport, Recreation and Racing Centre Support Officers Enterprise Agreement 1994.

 

22.4      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Service Officers - Department of Tourism, Sport and Recreation) Award published 2 May 2003 (339 I.G. 296) and all variation thereof.

 

22.5      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 I.G. 359) take effect on and from 31 July 2007.

 

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

 

Schedule 1

 

Centre Locations

 

Addresses at which the Enterprise is carried out:

 

Berry Sport and Recreation Centre

660 Coolangatta Road

BERRY NSW 2535

 

Borambola Sport and Recreation Centre

1980 Sturt Highway

WAGGA WAGGA NSW 2650

 

Broken Bay Sport and Recreation Centre

BROOKLYN NSW 2083

 

Lake Ainsworth Sport and Recreation Centre

Pacific Parade

LENNOX HEAD NSW 2478

 

Lake Burrendong Sport and Recreation Centre

Tara Road

MUMBIL NSW 2820

 

Jindabyne Sport and Recreation Centre

The Barry Way

JINDABYNE NSW 2627

 

Lake Keepit Sport and Recreation Centre

Fitness Camp Road

GUNNEDAH NSW 2380

 

Milson Island Sport and Recreation Centre

BROOKLYN NSW 2083

 

Myuna Bay Sport and Recreation Centre

Main Road

DORA CREEK NSW 2264

 

Point Wolstoncroft Sport and Recreation Centre

Kanangra Drive

GWANDALAN NSW 2259

 

Sydney Academy of Sport and Recreation

Wakehurst Parkway

NARRABEEN NSW 2101

 

Sydney International Equestrian Centre

Wallgrove Road

HORSLEY PARK NSW 2164

 

Sydney International Shooting Centre

Elizabeth Drive

CECIL PARK NSW 2171

 

SCHEDULE 2

 

Services Officer Competencies

 

Services Officer - Level 1

 

*Services Officer (Groundsperson)

 

*Services Officer (Gardener)

 

Officers must possess all essentials plus 2 Additional competencies

 

 

*NOTE

 

Employees engaged as Services Officer (Gardener) and Services Officer (Groundsperson) are required to possess one of the following indicated qualifications (or an equivalent qualification) in addition to the competency requirements listed for Services Officer Level 1:

 

 

Services Officer - Level 2

 

Officers must possess all Essentials from this and previous levels plus 2 Additional Competencies

 

 

Services Officer- Level 3

 

Officers must possess all essentials from this and previous levels plus 7 Additional

 

 

Services Officer - Level 4

 

Officers must possess all Essentials from this and previous levels plus 4 Additional

 

 

Notes:

 

Location Specific Competencies

 

In recognition of the fact that some Centres require Services Officers to possess competencies that are site specific, the following conditions shall be applicable:

 

Competency Requirements

 

At sites where facility uniqueness, Centre remoteness or general access conditions dictate, the Department reserves the right to stipulate which desirable competencies are to be regarded as essential at Level 2 and above. The number of competencies that may be stipulated will not exceed 2 from the following table.

 

 

In recognition of the fact that some site-specific competencies may involve training and/or certification additional to those training or qualification requirements normally considered to be applicable to Services Officers, employees may be required to demonstrate the ability and willingness to undertake such training in order to acquire the necessary competencies.

 

Schedule 3

 

Assistant Services Officer - Competencies

 

Assistant Services Officer Level 1

 

Competencies marked with an * are essentials. Manager to determine requirements for Assistant Service Officer Level 1 according to Centre requirements.

 

 

Assistant Services Officer Level 2.

 

Officers must possess essential competencies from Level 1 and additional competencies from Level 1 & 2 as determined as being required by the Manager.

 

 

PART B

 

MONETARY RATES

 

Table 1

 

Salary scale for Services Officers prior to competency attainment

 

 

*Services Officer (Groundsperson) and Services Officer (Gardener) salary rate

 

Table 2

 

Salary scale for Services Officers after competency attainment

 

 

*Services Officer (Groundsperson) and Services Officer (Gardener) salary rate

 

Table 3

 

Salary scale for Assistant Services Officers

 

 

Annexure A

 

(i)         Casual employees are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(a)        The Department Head must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(A)      the employee or employee's spouse is pregnant; or

 

(B)       the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re­engagement of casual employees are not affected, other than in accordance with this clause.

 

(ii)        Personal Carers entitlement for casual employees

 

(a)        casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in (iii) below who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child. This entitlement is subject to the evidentiary requirements set out below in (d), and the notice requirements set out in (e).

 

(b)        The Department Head and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work.  In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)        A Department Head must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

(d)        The casual employee shall, if required,

 

(A)      establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(B)       establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, a casual employee employed must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

(e)        The casual employee employed must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty.  If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence.

 

(iii)       A family member for the purposes of (ii) (a) above is:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or

 

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

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or a relative of the employee who is a member of the same household, where for the purposes of this definition:

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

(iv)       Bereavement entitlements for casual employees

 

(a)        Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the employer).

 

(b)        The Department Head and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)        A Department Head must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

(d)        The casual employee employed must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence."

 

 

 

R. W. HARRISON  D.P.

 

 

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Printed by the authority of the Industrial Registrar.