Crown Employees (New South Wales Department of Ageing, Disability and Home Care) Community Living and Residential Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 595 of 2007)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Salaries

4.         Hours

5.         Roster of Hours

6.         Part-time Workers, Permanent Part-time Workers Temporary and Casual Workers

7.         Overtime

8.         Time in Lieu of Overtime

9.         Penalty Rates for Shift Work and Weekend Work and Special Working Conditions

10.       Sleepovers

11.       Meals

12.       Annual Leave (Recreation Leave)

13.       Public Holidays

14.       Paid Union Leave

15.       Payment and Particulars of Salary

16.       Accommodation and Amenities

17.       Uniforms and Protective Clothing

18.       New Classifications

19.       Dispute Resolution Procedures

20.       Anti-Discrimination

21.       Association Representative

22.       Notice Board

23.       Medical Examinations

24.       Deduction of Union Membership Fees

25.       Mobility of Staff

26.       General Conditions

27.       Extra Claims

28.       Area, Incidence and Duration

29.       Leave Reserved

 

PART B

 

COMPETENCY BASED SALARY STRUCTURE, MONETARY RATES AND ALLOWANCES

 

Schedule 1 - Competency Based Training & Classification Structure.  Residential Support Worker

Schedule 2 - Transitional Arrangements - Residential Support Workers

Schedule 3 - Transitional Arrangements Community Workers/Community Support Workers

Schedule 4 - Monetary Rates

Schedule 5 - Allowances

 

2.  Definitions

 

"Act" means the Industrial Relations Act 1996 and its Regulations and any replacement Act and Regulations.

 

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

 

"Casual Employee" means an employee who is engaged on a casual basis.

 

"Community Consultant" means a person appointed as such to a designated position in a non-residential setting who provides direct intervention and case management for clients with complex needs including the design, co-ordination and supervision of client programs that include behaviour intervention, independent social and vocational skills training and provide clients with community access support in a multi-disciplinary team setting in Community Support Teams.  A person appointed to this position also participates in and facilitates consultation with other agencies.

 

"Community Worker" means a person appointed as such to a designated position in a non-residential setting who provides direction intervention and/or case management including designing client programs to provide independent living and social, vocational, leisure and recreation skills training and community access support in a team setting.

 

"Community Support Worker" means a person appointed to a position designated as such in a non-residential setting who implements intervention plans which provide independent living, social and vocational skills training, community access support, and leisure, recreation and adult education in consultation with other professional staff and Community Workers in Day Programs.

 

"Day Worker" means a worker who works their ordinary hours from Monday to Friday and who commences work on such days at or after 6.00 a.m. and before 10.00 a.m. otherwise than as part of a shift system.

 

"Department" means the New South Wales Department of Ageing, Disability and Home Care (DAD&HC).

 

"Community Residential Centre (CRC)" means any location where a direct service is provided to disability clients of the Department in a community residential environment which includes group homes, hostels, respite care centres, etc.

 

"Community Support Services (CSS)" means any non-residential direct service to clients including community based activity training centres, community teams, etc.

 

"House Manager" means a person appointed to a position designated as such and is recognised for industrial purposes as possessing the necessary competencies for a Level 2 and Level 3 Residential Support Worker.

 

"Officer" means and includes all persons permanently employed under the provisions of the Public Sector Employment and Management Act 2002 who, are employed in a staff position covered by this award.

 

"Residential Support Worker Level 1" means a person appointed to the position of Residential Support Worker Level 1/2 who does not possess the competencies required for appointment to Level 2 in accordance with Part B Schedule 1 of this Award.

 

"Residential Support Worker Level 2" means a person appointed to the position of Residential Support Worker Level 1/2 who has been assessed as possessing the competencies required for appointment to Level 2 in accordance with Part B Schedule 1 of this Award.

 

"Residential Support Worker Level 3" means a person appointed to the position of Residential Support Worker Level 3 who has been assessed as possessing the competencies required for appointment to Level 3 in accordance with Part B Schedule 1 of this Award.

 

"Temporary Employee" means a Departmental temporary employee who has been engaged to carry out work in the Department on a temporary basis.

 

"Shift Worker" means a worker who is not a day worker as defined.

 

3.  Salaries

 

(i)         Rates of pay and allowances payable to officers covered under this award shall be those specified in Part B, Schedule 4 Monetary Rates.

 

(ii)        The salaries of RSW’s are determined in accordance with the Competency Based Training and Classification structure provisions contained at Part B Schedule 1 of this Award.

 

(iii)       The transitional arrangements of officers employed in the classification of RSW as at the date of this Award are determined in accordance with the Transitional Arrangements contained at Part B Schedule 2 of this Award.

 

(iv)       An appointee to a position of Residential Support Worker, Community Support Worker, Community Worker and Community Consultant shall possess a current Drivers Licence.  In addition, an appointee the position of the Community Support Worker, Community Worker and Community Consultant will possess a current First Aid Certificate.

 

(v)        An appointee to a position of Community Worker shall possess in addition to the requirements set out in subclause (iv) above, a minimum of an Associate Diploma acceptable to the Department requiring a minimum of two years full-time study or equivalent part-time study thereof from a recognised University or College of TAFE.  Such an officer shall be appointed on the salary rate prescribed for 1st year Community Worker and progress to the 8th year of the Community Worker salary scale by annual increments subject to satisfactory conduct and services.

 

(vi)       An appointee to a position of Community Worker who, in addition to the requirements set out in subclause (iv) above, possesses a Degree qualification acceptable to the Department requiring a minimum of three years full-time study or equivalent part-time study thereof, shall be appointed on the salary rate prescribed for 3rd year Community Worker and progress to the 8th year of the Community Worker salary scale by annual increments subject to satisfactory conduct and services.

 

(vii)      An appointee to a position of Community Consultant who, in addition to the requirements set out in sub-clause (iv) above, possesses a Degree qualification or higher acceptable to the Department requiring a minimum of four years full-time study or equivalent part-time study thereof, shall be appointed on the salary rate prescribed for 1st year Community Consultant and progress to the 5th year of the Community Consultant salary scale by annual increments subject to satisfactory conduct and services.

 

(viii)     Appointment to a position classified as Community Worker or Community Consultant shall be subject to the occurrence of a vacancy which will be filled on the basis of merit, and in accordance with subclauses (iv)-(vii) above.

 

(ix)       The transitional salary arrangements for existing officers as at the date of this Award transitioning into the classifications of Community Support Worker, Community Worker and Community Consultant are contained at Part B Schedule 3 of this Award.  These arrangements apply to officers employed in the classifications of Technical Assistant Grade 1/Therapy Aide, Technical Assistant Grade 2, Social Educator, Health Education Officer (Graduate), Health Education Officer (Non-Graduate), Welfare Officer Grade 1, Welfare Officer Grade 2, Vocational Instructor Rehab (Trades), Residential Care Worker, Residential Care Assistant, Residential Support Worker Level 1, Residential Support Worker Level 2.1, Residential Support Worker Level 2.2, Residential Support Worker Level 3 and Community Worker.

 

4.  Hours

 

(i)         The ordinary hours of work for day workers, exclusive of meal times, shall be 152 hours per 28 calendar days, to be worked Monday to Friday, inclusive, and to commence on such days at or after 6.00 a.m. and before 10.00 a.m. Any positions that operate under a 35-hour week prior to 19 April 1999 will remain as such under this award.

 

(ii)        The ordinary hours of work for shift workers, exclusive of meal times, shall not exceed 152 hours per 28 calendar days or an average of 38 hours per week in each roster cycle.

 

(iii)       Each day worker shall be free from duty for not less than two full days in each week and each shift worker shall be free from duty for not less than two full days in each week or four full days in each fortnight. Where practicable, such rostered days off duty shall be consecutive.

 

(iv)       The hours of work prescribed in subclauses (i), (ii) and (iii) of this clause shall be arranged to allow variable working hours in each roster cycle of 28 days to ensure that each officer shall work his or her ordinary hours of work on not more than 19 days in the cycle.

 

The hours worked on each of those days shall be arranged to include a proportion of one hour (such proportion shall be on the basis of 0.4 of one hour for each eight-hour shift worked, and 0.5 of one hour for each ten-hour shift worked), which shall accumulate towards the officer’s allocated day off duty on pay.

 

(v)        Each officer shall be entitled to 12 allocated days off per annum.

 

(vi)       The officer's allocated day off duty prescribed in subclause (iv) of this clause shall be determined having regard to the needs of the Service or sections thereof.  Where practicable, such allocated day off duty shall be consecutive with the rostered days off duty prescribed by subclause (iii) of this clause.

 

(vii)      Once set, the allocated day off duty may not be changed in a current cycle unless there are genuine unforeseen circumstances prevailing.  Where such circumstances exist and the allocated day off duty is changed, another day shall be substituted in the current cycle.  Should this not be practicable, the day must be given and taken in the next cycle immediately following.

 

(viii)     There shall be no accrual of credit towards an allocated day off duty for ordinary annual leave taken in accordance with clause 12 Annual Leave (Recreation Leave).  However, where an officer has accumulated sufficient time to take his/her allocated day off duty prior to entering on annual leave, and that day would have been taken if the officer had not gone on annual leave, it shall be allowed to the officer on the first working day immediately following the period of leave.

 

Where an officer has not accumulated sufficient time for an allocated day off duty prior to entering on annual leave, time in credit shall count towards taking the next allocated day off duty falling in sequence after the officer has returned to duty.

 

(ix)       An officer entitled to allocated days off duty, in accordance with subclause (iv) of this clause, shall continue to accumulate credit towards his/her allocated day off duty whilst on sick leave.  Where an officer’s allocated day off duty falls during a period of sick leave, the officer’s available sick leave shall not be debited for that day.

 

(x)        Where an officer's allocated day off duty falls due during a period of workers' compensation, the officer, on returning to duty, shall be given the next allocated day off in sequence.

 

(xi)       Where an officer's allocated day off duty falls on a public holiday as prescribed by clause 13, Public Holidays, the next working day shall be taken in lieu thereof.

 

(xii)      All time between the rostered starting and ceasing times each day shall be paid for as working time, except for one unpaid meal break of no less than 30 minutes and no more than one hour.

 

(xiii)     A period of 20 minutes shall be allowed to officers for a morning or afternoon tea break and such period shall be included in the ordinary hours of work.  Time taken for such breaks shall be without interruption to service.

 

(xiv)     There shall be a minimum break of eight hours between ordinary rostered shifts or a break equal in length to the shift previously worked, whichever is greater.

 

(xv)      The ordinary hours of work for a permanent part-time officer will be a specified number of hours which are less than those prescribed for a full-time officer as set out in subclauses (ii) and (iv) of this clause, with a minimum of three consecutive hours.  The specified number of hours may be balanced over a week or fortnight, provided that the average weekly hours worked shall be deemed to be the specified number of hours for the purposes of accrual of leave provided for by this award.  Provided, further, that there shall be no interruption to the continuity of employment merely by reason of an officer working on a "week-on, week-off" basis in accordance with this subclause.

 

5.  Roster of Hours

 

(i)         The ordinary hours of work for each officer shall be displayed on a roster in a place conveniently accessible to officers.  Where reasonably practicable, such roster shall be displayed two weeks, but in any case at least one week, prior to the commencing date of the first working period in any roster.

 

Provided that this provision shall not make it obligatory for the Department to display any roster of ordinary hours of work of members of the relieving staff.

 

Provided, further, that a roster may be altered at any time to enable the operation of the Service to be carried on where another officer is absent from duty on account of illness or in an emergency, but where any such alteration involves an officer working on a day which would have been their rostered day off such time worked shall be paid for at overtime rates.

 

Furthermore, where a change in roster occurs with less than 24 hours notice to the officer affected, all time worked outside that shown on the officer's roster (prior to the alteration) shall be paid for at overtime rates.

 

(ii)        Rosters providing for shift work at a location that is normally a day-work operation shall not be introduced into any Service or section thereof, until such time as the proposals relating thereto are conveyed to the Department for its approval and the opportunity has been given to the Association to discuss the matter with the Department and the Service concerned.

 

(iii)       The additional allocated days off duty in accordance with clause 4, Hours, are to be shown on the roster of hours for each officer.

 

(iv)       Any change in the displayed roster must be notified verbally or in writing to the officer concerned.

 

(v)        The working of more than seven consecutive shifts by officers is prohibited, except where an officer makes a special request, which is agreed to by the Department.

 

6.  Part-Time Workers, Permanent Part-Time Workers, Temporary and Casual Workers

 

Subclause (A) of this clause only applies to persons employed before 1 July 1997 who have not chosen the option of transferring to permanent part-time.

 

(A)       Part-time -

 

(i)         Persons employed on a part-time basis may be employed for not less than eight or more than 32 hours in any full week of seven days, such week to be coincidental with the pay period of each Service, and shall be paid for the actual number of hours worked each week an hourly rate calculated on the basis of one thirty-eighth of the appropriate rate prescribed, plus 15 per cent thereof.  Officers shall not be engaged for less than three hours for each start.

 

(ii)        In an emergency, part-time workers may be allowed to work more than 32 hours in one week and in such case will be paid for the hours actually worked at a rate calculated in accordance with paragraph (i) of this subclause.

 

(iii)       A part-time worker called upon to work in an emergency on their rostered day(s) off shall be entitled to a minimum payment of three hours at the appropriate rate calculated in accordance with paragraph (i) of this subclause, whether required for the full three hours or not.

 

(iv)       With respect to officers employed as part-time workers, the provisions of subclauses (v) to (xi), inclusive, of clause 4, Hours, clause 7, Overtime, clause 12, Annual Leave (Recreation Leave), and subclauses (i) and (ii) of clause 13, Public Holidays, shall not apply.

 

(B)       Permanent Part-time -

 

(i)         A permanent part-time officer is one who is permanently appointed at a Service to work a specified number of hours per week which are less than the full-time hours.

 

(ii)        Officers engaged pursuant to paragraph (i) of this subclause shall be paid an hourly rate calculated on the basis of one thirty-eighth of the appropriate rate prescribed in this award with a minimum of three hours for each start.

 

Permanent part-time officers are entitled to payment of overtime in accordance with the provisions of clause 7, Overtime.

 

(iii)       Permanent part-time officers shall be entitled to all other benefits of this award not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full-time hours.

 

(C)       Temporary Employment -

 

(i)         The Department may, if of the opinion that it is necessary to do so, temporarily employ a person who has appropriate qualifications to carry out the work required, in accordance with the terms of the Public Sector Management Act 1988 or Public Sector Employment and Management Act 2002, whichever Act is applicable at the time of engagement.

 

(ii)        Temporary employees shall be entitled to all other benefits of this award, excepting where expressly provided for in this award, in the same proportion as their ordinary hours of work bear to full-time hours.

 

(D)       Casuals -

 

(i)

 

(a)        A casual employee is one engaged on an hourly basis otherwise than as an officer or temporary employee; and

 

(b)       A casual employee may only be engaged in the following circumstances:

 

for short-term periods where it is known before engagement that the period of employment will not exceed one week (five working days) in circumstances where there is a need to supplement the workforce arising from fluctuations in the needs of the facility; or in place of another officer who is absent on short term leave; or in an emergency.

 

(ii)        A casual employee shall be paid on an hourly basis of one thirty-eighth of the appropriate rate prescribed, plus 15 per cent thereof, with a minimum payment of three hours for each engagement.

 

(iii)       A casual employee shall be entitled to the shift allowances prescribed in clause 9, Penalty Rates for Shift Work and Weekend Work and Special Working Conditions.  Such employees shall only be entitled to the additional rates where their shifts commence prior to 6.00 a.m. or finish subsequent to 6.00 p.m.

 

(iv)       For weekend and public holiday work, casual employees shall, in lieu of all other penalty rates and the 15 per cent casual allowance, receive the following rates:

 

(a)        time and one half for work between midnight Friday and midnight Saturday;

 

(b)       time and three quarters for work between midnight Saturday and midnight Sunday; and

 

(c)        double time and one half for work on a public holiday.

 

(v)        On termination, a casual employee shall be paid 4/48ths of ordinary earnings in lieu of recreation leave.

 

(vi)       A casual employee’s contract of employment may be terminated for any reason by the giving of three hours' notice by either party.

 

(vii)      A casual employee may not work predetermined roster vacancies or more than five consecutive shifts without being offered a temporary term of employment in accordance with subclause (C), Temporary Employment, of this clause.

 

(viii)     With respect to casual employees, the provisions of subclauses (v) to (xi) of clause 4 Hours, clause 5 Roster of Hours, clause 7 Overtime, clause 8 Time in Lieu of Overtime, clause 12 Annual Leave (Recreation Leave), clause 13, Public Holidays, clause 14 Paid Union Leave, and clause 26 General Conditions of Employment, shall not apply.  Casual employees shall be entitled to all other benefits of this award, excepting where expressly provided for in this award, in the same proportion as their ordinary hours of work bear to full-time hours.

 

(ix)       A casual employee shall also receive the following entitlements in accordance with clause 12, Casual Employment, of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006:

 

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

 

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

 

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

 

(x)        Subclauses (i)-(iii) of clause 12, Casual Employment, of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 do not apply to a casual employee engaged under this award.

 

7.  Overtime

 

(i)         All time worked by officers outside the ordinary hours in accordance with clause 4, Hours, and clause 5, Roster of Hours, shall be paid for at the rate of time and a half for the first two hours and double time for subsequent hours worked; provided, however, that all overtime worked on Sundays shall be paid for at the rate of double time and public holidays shall be paid at the rate of double time and one half.

 

(ii)        Officers recalled to work overtime after leaving the employer's premises shall be paid for a minimum of four hours' work at the appropriate overtime rate for each time they are so recalled; provided that, except in unforeseen circumstances arising, an officer shall not be required to work the full minimum number of hours prescribed above if the job they were recalled to perform is completed within a shorter period.

 

(iii)       An officer recalled to work overtime as prescribed by subclause (ii) of this clause shall be paid all fares and expenses reasonably incurred in travelling to and from their place of work.

 

Provided that where an officer elects to use his or her own mode of transport, he/she shall be paid an allowance equivalent to the travelling rate as described in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

(iv)       When overtime work is necessary it shall be so arranged that officers have at least eight consecutive hours off duty between the work on successive days or shifts.

 

(v)        An officer who works so much overtime:

 

(a)        between the termination of their ordinary work on any day or shift and the commencement of their ordinary work on the next day or shift that they have not had at least eight consecutive hours off duty between these times; or

 

(b)        on a Saturday, Sunday or public holiday, not being ordinary working days, or on a rostered day off without having had eight consecutive hours off duty in the 24 hours preceding their ordinary commencing time on their next day or shift for each rostered day off,

 

shall, subject to this subclause, be released after completion of such overtime until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.  If on the instruction of their employer such an officer resumes or continues to work without having had such eight consecutive hours off duty, they shall be paid at double rates until they are released from duty for such period and then shall be entitled to be absent until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(vi)       For the purposes of assessing overtime, each day shall stand alone; provided, however, that where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if they had occurred within the one day.

 

(vii)      When an officer works overtime as an extension of shift and ceases work at a time when reasonable means of transport home are not available, they shall be paid at ordinary rates for the time reasonably spent travelling from the place of work to the officer's home.

 

(viii)

 

(a)        All time worked by permanent part-time officers in excess of the rostered daily ordinary hours of work prescribed for the majority of full-time officers employed on that shift in the unit concerned, or, where there is no such majority of full-time officers employed on that shift in the CRC or CSS concerned, all time in excess of eight hours per day, shall be paid for at the applicable overtime rates.

 

(b)        Time worked up to the rostered daily ordinary hours of work prescribed for a majority of the full-time officers employed on that shift in the unit concerned shall not be regarded as overtime but an extension of the contract hours for that day and shall be paid at the ordinary rate of pay.

 

(c)        All time worked by permanent part-time officers in excess of the hours prescribed for a full-time officer in Clause 4 Hours, shall be paid for at overtime rates.

 

(ix)       Subject to subclause (x) below an officer may be directed by the Department Head to work overtime.

 

(x)        An employee may refuse to work overtime where the working of such overtime would result in the employee working hours which are unreasonable.

 

(xi)       For the purposes of subclause (x) above, what is unreasonable or otherwise will be determined having regard to;

 

(a)        any risk to employee health and safety;

 

(b)        the employee’s personal circumstances including any family and carer responsibilities, community obligations or study arrangements;

 

(c)        the urgency of the work required to be performed, the impact on operational commitments and the effect on client services;

 

(d)        the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(e)        any other relevant matter.

 

8.  Time in Lieu of Overtime

 

(i)         An officer who works directed overtime outside normal rostered hours may elect to be compensated by way of time in lieu of overtime, subject to the following:

 

(a)        time off in lieu shall, whenever possible, be taken within three months of it being accrued;

 

(b)        where it is not possible for an officer to take the time off in lieu within the three-month period, it is to be paid out at the appropriate overtime rate based on the rates of pay applying at the time payment is made;

 

(c)        an officer is not required to elect the taking of time in lieu of overtime until completion of the offered hours worked;

 

(d)        the accrual and taking of time in lieu of overtime will be conditional on mutual agreement of the officer and their local management; and

 

(e)        records of all time in lieu owing to officers and taken by officers must be maintained by local management.

 

(ii)        Such leave in lieu shall accrue at the rates specified for overtime in this award, i.e., such leave in lieu shall accrue at the equivalent computed overtime rate as set out in clause 7, Overtime.

 

9.  Penalty Rates for Shift Work and Weekend Work and Special Working Conditions

 

(i)         Shift workers working afternoon or night shift shall be paid the following percentages in addition to the ordinary rate for such shift; provided, however, that part-time workers shall only be entitled to the additional rates where their shifts commence prior to 6.00 a.m. or finish subsequent to 6.00 p.m.

 

Afternoon shift commencing at 10.00 a.m. and before 1.00 p.m.	10 per cent
Afternoon shift commencing at 1.00 p.m. and before 4.00 p.m.	12.5 per cent
Night shift commencing at 4.00 p.m. and before 4.00 a.m.	15 per cent
Night shift commencing at 4.00 a.m. and before 6.00 a.m.	10 per cent

 

(ii)        For the purposes of this clause, day, afternoon and night shifts shall be defined as follows:

 

"Day shift" means a shift which commences at or after 6.00 a.m. and before 10.00 a.m.

 

"Afternoon shift" means a shift which commences at or after 10.00 a.m. and before 4.00 p.m.

 

"Night shift" means a shift which commences at or after 4.00 p.m. and before 6.00 a.m. on the day following.

 

(iii)       Officers whose ordinary working hours include work on a Saturday and/or Sunday shall be paid for ordinary working hours worked between midnight on Friday and midnight on Saturday at the rate of time and one-half and for ordinary hours worked between midnight on Saturday and midnight on Sunday at the rate of time and three-quarters.  These extra rates shall be in substitution for, and not cumulative upon, the shift premiums prescribed in subclause (i) of this clause.

 

The foregoing paragraph shall apply to part-time workers but such workers shall not be entitled to be paid in addition to the allowance of 15 per cent prescribed in paragraph (i) of subclause (A), Part-time, of clause 6, Part-time Workers, Permanent Part-time Workers, Temporary and Casual Workers, in respect of their employment between midnight on Friday and midnight on Sunday.

 

10.  Sleepovers

 

(i)         "Sleepover" means a continuous period during which an officer is required to sleepover at a community home and be available to deal with any urgent situation, which may arise during the sleepover period.

 

(ii)        It is expected that an officer performing sleepover work will ordinarily be able to have a reasonable night's sleep.  Accordingly such work will not be performed where:

 

(a)        The facilities in the home, or

 

(b)        the activities or behaviour of the clients residing there are such that an officer could not ordinarily be expected to have a reasonable night's sleep or would be put at risk if sleeping or woken from sleep during a sleepover.

 

(iii)       The Department shall take all reasonable steps to enable the officer to have a reasonable night's sleep on the premises.  These include:

 

(a)        Providing a vacant room, able to be locked by the officer.

 

(b)        Ensuring that the room is provided with:

 

a telephone and/or other emergency communication facilities so that assistance may be summoned if required;

 

a bed and other suitable sleeping requirements such as a light and clean linen;

 

an ability to view outside the room when locked without opening the door, including external lighting.

 

(c)        Giving the officer access to the facilities within the House for the purposes of personal hygiene and the taking of meals, which shall be provided free of charge.

 

(iv)       An officer shall only perform sleepover work under the following conditions:

 

(a)        there is an agreement between the officer and the Department in regard to the sleepover and the sleepover periods required and except in the case of an emergency, the agreement is made at least one (1) week in advance;

 

(b)        a sleepover period shall consist of not more than eight (8) continuous hours;

 

(c)        an officer may be required to undertake sleepover work for no more than eight (8) nights in any period of twenty eight (28) days;

 

(d)        the sleepover shall not commence earlier than 10 pm and shall not finish later than 7am;

 

(e)        no work other than that of an essential nature involving direct care of the residents shall be required to be performed during the sleepover;

 

(f)         each period of sleepover work should follow on from an afternoon shift and should not be followed by a day shift the next day.

 

(v)        An officer performing sleepover work shall be paid:

 

(a)        A sleepover allowance equivalent to five (5) hours payment at ordinary rates.

 

(b)        In the event that the officer has not received a reasonable night's sleep, the officer shall be paid:

 

(1)        If disturbed to perform any necessary work, the work shall be paid for at overtime rates in addition to the sleepover allowance.

 

(2)        If disturbed by residents on two or more occasions, but not in order to perform any necessary work, the officer shall be paid as for an active night shift, in lieu of the sleepover allowance.

 

(3)        If disturbed by residents on two or more occasions to perform any necessary work, the work shall be paid for at overtime rates, with a minimum payment of an amount equal to the rate for an active night shift, in addition to the sleepover allowance.

 

(vi)       An officer who is required by the Department to accompany residents on excursions, etc. which necessitate overnight stays shall be paid a minimum allowance equivalent to eight (8) hours pay at ordinary rates for each overnight stay.  If the officer is required to perform any necessary work during the night, the work shall be paid for at overtime rates.

 

(vii)      Officers shall comply with the Department's reasonable requirements in relation to the recording of resident's behaviour during sleepover periods.  Claims for the additional payments provided under paragraph (v)(b) of this clause may be declined if such records have not been maintained for the particular night.

 

(viii)     Before sleepover work is introduced at a community group home, the Department shall assess the suitability of the home and residents for such arrangements.  Such arrangements shall be monitored and shall be reviewed, if new residents move into the home or in the event that a resident's health or behaviour alters in such a way that concerns arise as to the continuing suitability of sleepover arrangements, or if officers as a result are unable to achieve a reasonable night's sleep during sleepover work.  A timely review shall also be conducted if a written request identifying the reason the review is sought is made by officers performing such work at a group home or by the union.  Whilst such reviews are conducted, sleepover work shall not be performed at the home.

 

(ix)       In the event that a dispute arises as to the suitability of a particular home, group of clients or employee for sleepover work, the dispute shall be discussed by the parties on an urgent basis, in accordance with the award dispute resolution procedures.

 

11.  Meals

 

(i)         Time not exceeding one hour and not less than 30 minutes shall be allowed for each meal.

 

(ii)        In any cases where the employer determines that the needs of the residents are such that officers cannot be permitted to leave the employer’s premises during any meal break, unpaid meal breaks will not be provided and any time allowed for the partaking of a meal on the employer’s premises shall be regarded as part of the ordinary hours for the shift.

 

(iii)       Where an officer is called upon to work any portion of an unpaid meal break, such time shall be paid for at overtime rates.

 

(iv)       Where an officer in the course of her or his employment partakes of a meal or light refreshment other than routine meals, in company with clients, as part of individual program requirements, the formal cost of such meal or light refreshment shall be borne by the employer upon the provision of receipts from the officer if prior approval was given.

 

(v)        An officer required to work overtime following on the completion of his or her normal shift for more than two hours shall be allowed 20 minutes for the partaking of a meal and a further 20 minutes after each subsequent four hours' overtime.  All such time shall be counted as time worked.

 

(vi)       An officer recalled to work overtime after leaving the employer's premises or on a rostered day off and who is required to work for more than four hours shall be allowed 20 minutes for the partaking of a meal and a further 20 minutes after each subsequent four hours' overtime.  All such time shall be counted as time worked.

 

(vii)      The meals referred to in subclauses (ii) and (iii) of this clause shall be allowed to the officer free of charge.  Where the employer is unable to provide such meals, an allowance as set out in Schedule 5 Allowances, shall be paid to the officer concerned.

 

(viii)     Where practicable, officers shall not be required to work more than five hours without a meal break.

 

12.  Annual Leave (Recreation Leave)

 

(i)         All officers are entitled to four weeks leave per annum except those officers who prior to the 30.4.99 were employed in the classification of Senior/Chief/Principal Youth Worker and are in receipt of six weeks recreation leave in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

(ii)

 

(a)        Full-time and permanent part-time officers who are rostered to work their ordinary hours on Sundays and/or public holidays during a qualifying period of employment for annual leave purposes shall be entitled to receive additional annual leave as follows:

 

 

For permanent part-time workers, the "days" referred to in the above table will be equivalent to their pro rata contracted hours.

 

Provided that an officer, entitled to additional annual leave by virtue of this subclause, may elect to be paid an amount equivalent to the value of their additional leave entitlement, in lieu of taking the additional leave. Such election is to be made in writing by the officer at the commencement of each year of employment and is irrevocable during the currency of that year of employment.

 

(b)        Provided further that on termination of employment officers shall be entitled to payment for any untaken annual leave due under this subclause, together with payment for any untaken leave in respect of an incomplete year of employment, calculated in accordance with this subclause.

 

(iii)       The employer shall give to each officer three months' notice, where practicable, and not less than one month's notice of the date upon which the officer shall enter upon annual leave.

 

(iv)       A shift worker, as defined in clause 2, Definitions, shall be paid whilst on annual leave their ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if they had not been on annual leave.

 

Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave or for days which have been added to annual leave in accordance with the provisions of clause 13, Public Holidays.

 

(v)        Officers shall be entitled to an annual leave loading of 17.5 per cent, or shift penalties as set out in subclause (iv) of this clause, whichever is the greater, on up to four weeks annual leave for non-shift workers and up to five weeks annual leave for shift workers.

 

Payment of the annual leave loading will be on the first occasion an officer takes two consecutive weeks leave for recreation purposes each calendar year.

 

Such leave may be a combination of annual leave, public holidays, extended leave (long service leave), leave without pay and rostered days off.

 

(vi)       Additional recreation leave, at the rate of five days per annum, accrues to an officer, employed in terms of the Public Sector Employment and Management Act 2002, who is stationed indefinitely in a remote area of the State, as defined in the Second Schedule to the Crown Lands Consolidation Act 1913.

 

13.  Public Holidays

 

(i)

 

(a)        Officers shall be allowed to have public holidays off on full pay. However, except as otherwise provided in this subclause, where an officer is required to and does work on any day of the holidays set out in this subclause, whether for a full shift or not, the officer shall be paid at time and a half extra to the weekly rate for the ordinary rostered hours of duty.  Such payment is to be in lieu of weekend or shift allowances which would otherwise be payable had the day not been a public holiday.

 

Provided that, if the officer so elects, they may be paid at half time extra to the weekly rate for the ordinary rostered hours and have the equivalent of the rostered hours added to their period of annual leave for each public holiday worked in lieu of the provisions of the preceding paragraph.

 

Provided further that where an officer is rostered for a shift which crosses midnight on a public holiday and the total rostered hours on the public holiday are less than the equivalent of a full shift, the shift will be deemed to have been worked on the day on which the majority of time was actually worked.

 

Where because of the majority of hours falling on a non-public holiday the shift is regarded as a non-public holiday shift, the officer shall be deemed to have been rostered off duty on the public holiday and shall be paid in accordance with paragraph (c) of this subclause.

 

(b)        For the purpose of this clause the following shall be deemed public holidays, viz: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing Day, Anzac Day, Queen's Birthday, Local Labour Day and any other day duly proclaimed and observed as a public holiday throughout the State of New South Wales.

 

(c)        Shift workers who are rostered off duty on a public holiday shall:

 

(1)        be paid one day’s pay in addition to the weekly rate or, if the officer so elects,

 

(2)        have one day added to their period of annual leave.

 

(d)        The elections referred to in paragraphs (a) and (c) of this subclause are to be made in writing by the officer at the commencement of each year of the officer's employment and are irrevocable during the currency of that year of employment.

 

(ii)        In addition to those public holidays specified in paragraph (b) of subclause (i) of this clause, officers shall be entitled to an extra public holiday each year.  Such public holiday will occur on a date which is agreed upon between the Association and the Department and shall be regarded for all purposes of this clause as any other public holiday.

 

The foregoing will not apply in areas where, in each year, a day in addition to the ten named public holidays specified in the said paragraph (b) is proclaimed and observed as a public holiday, and will not apply in areas where, in each year, at least two half days, in addition to the said ten named public holidays, are proclaimed and observed as half public holidays.

 

Provided further, that in areas where in each year only one-half day in addition to the said ten named public holidays is proclaimed and observed as a half public holiday, for the purposes of this award, the whole day will be regarded as a public holiday and no additional public holiday which otherwise would, as a result of this subclause, apply, will be observed.

 

(iii)       In respect of those officers currently in receipt of six weeks annual leave; the provisions of subclause (i) of this clause shall not automatically apply.  Those officers may elect to have the option of retaining the six weeks leave or reverting to four weeks annual leave and be entitled to the provisions of subclauses (i) and (ii) of this clause.  This election may only be made once and such option is not reversible.

 

(iv)

 

(a)        The provisions of subclauses (i) and (ii) of this clause shall apply to permanent part-time workers as set out in subclause (B), Permanent Part-time, of clause 6, Part-time Workers, Permanent Part-time Workers, Temporary and Casual Workers, provided that if such a worker is required to and does work on a public holiday as defined herein, the worker shall be paid at the rate of double time and one-half.

 

(b)        Subclauses (i) and (ii) of this clause shall otherwise not apply to workers engaged under the conditions of subclause (A) Part-time, of the said clause 6, but each such worker who is required to and does work on a public holiday as defined in subclauses (i) and (ii) of this clause shall be paid at the rate of double time and one-half, but such worker shall not be entitled to be paid in addition the allowance of 15 per cent prescribed in paragraph (i) of the said subclause (A) of clause 6, in respect of such work.

 

(v)        For the purpose of this clause "full pay" shall mean the appropriate rate prescribed for the hours which the officer would have worked had the day not been a public holiday.

 

14.  Paid Union Leave

 

(i)         Members of the Association, who are accredited by the Association as Association delegates, shall, on application to the employer, be entitled to paid special leave for attendance at the following:

 

annual or bi-annual conferences of the Association;

 

meetings of the Association's executive/Committee of Management;

 

annual conference of  Unions NSW;

 

bi-annual conference of the Australian Council of Trade Unions;

 

Association delegates' meetings; and

 

Association witnesses in industrial o r administrative proceedings.

 

There is no limit on the special leave that could be applied for or granted. Delegates, however, are required to establish accreditation as a delegate with the Association, provide sufficient notice of absence to the employer, and lodge a formal application for special leave. Despite there being no limit on the amount of leave, it is expected that the leave will be kept to an average of five days per year.

 

In general, "sufficient notice" shall be two weeks; however, where extraordinary meetings are called at short notice, a shorter period of notice would suffice, i.e., such notice to be given to the employer as soon as advice of the meeting is received by the accredited delegate.

 

(ii)        Travel Time - Where a delegate has to travel to Sydney, inter or intrastate, to attend a conference or meeting, special leave will also apply to reasonable travelling time to and from the venue to the conference or meeting.

 

No compensation, such as time off in lieu, is to be provided if travel can be and is undertaken on an accredited delegate's non-working day or before or after their normal hours of work.

 

15.  Payment and Particulars of Salary

 

(i)         Wages shall be paid fortnightly; provided that, for the purpose of adjustments of wages related to alterations in the basic wage, from time to time affective, the pay period shall be deemed to be weekly.  On each payday the pay shall be made up to a date not more than three days prior to the day of payment and shall include all payments due to the officer for that particular pay period.

 

(ii)        Officers shall have their salary paid into one account with a bank or other financial institution in New South Wales, as nominated by the officer, except where agreement as to another method of payment has been reached between the Association and the Department due to the isolation of the employing Service.  Salaries shall be deposited by the Department in sufficient time to ensure that salaries are available for withdrawal by officers by no later than pay day.

 

(iii)       Officers proceeding on long service leave and annual leave shall, on request, be paid in advance prior to commencing such leave.  However, where an officer wishes to receive their pay on their usual pay day, this shall be done.

 

(iv)       Notwithstanding the provisions of subclause (ii) of this clause, an officer should be paid all moneys due to them by the employer within 48 hours of ceasing duty on the last day of employment.

 

(v)        On each pay day an officer, in respect of the payment then due, shall be furnished with a statement, in writing, containing the following particulars, namely: name, the amount of ordinary salary, the total number of ordinary hours, the total number of hours of overtime worked, if any, the amount of any overtime payment, the amount of any other moneys paid, and the purpose for which they are paid and the amount of the deductions made from total earnings and the nature thereof.

 

(vi)       Where retrospective adjustments of wages are paid to officers, such payments, where practical, shall be paid as a separate payment to ordinary wages. Such payment shall be accompanied by a statement containing particulars as set out in subclause (v) of this clause.

 

16.  Accommodation and Amenities

 

(i)         Suitable dining areas, lavatory and washing facilities and lockable facilities for staffs personal belongings shall be made available in all Departmental facilities.

 

(ii)        In all Services, hot and cold showers and conveniences shall also be available for officers.

 

(iii)       Where major additions to presently occupied buildings or new buildings are erected, the amenities to be available in such additions or new buildings shall be the subject of negotiations between the parties.

 

17.  Uniforms and Protective Clothing

 

(i)         Officers shall not be required to wear a uniform or any part thereof.  Therefore, no allowance in lieu of the supply of uniforms shall be payable

 

(ii)        Where the nature of the duties to be performed so warrants, suitable protective outer garments shall be available for use by officers.

 

18.  New Classifications

 

The employer should not create any new classification within the Association's coverage, to which these conditions apply, unless the Association agrees on the rate of wages to be fixed for the duties performed.

 

19.  Dispute Resolution Procedures

 

(i)         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 Department, if required.

 

(ii)        A staff member 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.

 

(iii)       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.

 

(iv)       The immediate manager shall convene a meeting in order to resolve the grievance, dispute or difficulty within two working days, or as soon as practicable, of the matter being brought to attention.

 

(v)        If the matter remains unresolved with the immediate manager, the staff member 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 working days, or as soon as practicable.  The staff member may pursue this sequence of reference to successive levels of management until the matter is referred to the Regional Manager or Branch Head.

 

(vi)       The Regional Manager or Branch Head may refer the matter to the Department’s Corporate Human Resources or Industrial Relations Branch for consideration.

 

(vii)      If the matter remains unresolved, the Department shall provide a written response to the staff member 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.

 

(viii)     A staff member, at any stage, may request to be represented by their union.

 

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

 

(x)        The staff member, union and the Department shall agree to be bound by any order or determination by the Industrial Relations Commission in relation to the dispute.

 

(xi)       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 a 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 staff member or member of the public.

 

20.  Anti-Discrimination

 

(i)         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.

 

(ii)        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.

 

(iii)       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.

 

(iv)       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.

 

(v)        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 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."

 

21.  Association Representative

 

An officer appointed Association representative shall, upon notification thereof in writing to the employer, be recognised as the accredited representative of the Association and shall be allowed the necessary time, during working hours, to interview the employer and officers on matters affecting officers.

 

22.  Notice Board

 

The Department shall provide and erect a notice board of reasonable dimensions in each facility, to be erected in a prominent position and upon which the Association representative shall be able to post Association notices.

 

23.  Medical Examinations

 

Officers required to work in areas where they are subject to a higher than normal risk of infection shall be given appropriate check-ups upon making application therefore to the employer.

 

24.  Deduction of Union Membership Fees

 

(i)         The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union’s rules.

 

(ii)        The union shall advise the employer of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

(iii)       Subject to (i) and (ii) above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union’s rules, provided that the employee has authorised the employer to make such deductions.

 

(iv)       Monies so deducted from employee’s pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile the credit subscriptions to employee’s union membership accounts.

 

(v)        Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

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

 

25.  Mobility of Staff

 

The movement of staff within the Service may be necessary from time to time to meet short-term exigencies when a function or service is transferred or when service requirements necessitate a relocation of functions.  In such instances, the following shall be observed:

 

(i)         Staff should not be moved into areas or positions for which they do not have the requisite skills, experience, qualifications, etc., unless appropriate in-service education, orientation or training is provided.

 

(ii)        Where possible, all transfers will be undertaken on a voluntary basis.

 

(iii)       Where an involuntary transfer is necessary, consultation with the Association must be undertaken prior to the transfer being affected.

 

(iv)       No transfer shall be used as a punitive measure.

 

26.  General Conditions of Employment

 

It is the intention of the parties to this Award that all other conditions not specified in this Award will be in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006; the Public Service of NSW Personnel Handbook; Public Sector Management Act 1988 or Public Sector Employment and Management Act 2002 (whichever is applicable); the Public Sector Employment and Management (General) Regulation 1996.

 

The salary rates in Part B Schedule 4 and 5, Monetary Rates and Allowances, are set in accordance with the Crown Employees (Public Sector - Salaries 2007) Award and any variation or replacement award.

 

27.  Extra Claims

 

The parties to this Award agree that no extra claims will be made in relation to this award, except those allowed under Part 1, Section 17 of the Industrial Relations Act 1996.

 

28.  Area, Incidence and Duration

 

This award applies to officers who are employed by the Department in a classification referred to in Part B Schedules 4 and 5, Monetary Rates and Allowances, of this Award in Group Homes, Hostels, Activity Training Centres and Community Based Services, who come within the constitutional coverage of the Association.

 

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 Ageing, Disability and Home Care) Community Living and Residential (State) Award 2004 published 18 February 2005 (348 I.G. 538) and all variations thereof.

 

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.

 

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

 

29.  Leave Reserved

 

Leave is reserved to the Association to apply, based on the Work Value Principle, for a review of remuneration in respect to Residential Support Workers who are required to undertake additional Health Care procedures introduced subsequent to the making of this Award.

 

PART B

 

COMPETENCY BASED SALARY STRUCTURE, MONETARY RATES AND ALLOWANCES

 

Schedule 1 - Competency Based Training and Classification Structure: Residential Support Worker

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Table 1: Salary Rates Residential Support Worker

3.         Definitions

4.         Level 1

5.         Level 2

6.         Level 3

7.         Recognition of Prior Learning (RPL)

8.         Casual and Temporary Employees

9.         Assessment Process

 

2.  Table 1: Salary Rates - Residential Support Worker

 

 

This salary rate is inserted here for information only.  Schedule 1 and 2 do not apply to this classification.

 

3.  Definitions

 

"Assessor" means a nationally accredited workplace assessor.

 

"Assessment" means the process by which an employee's competency will be determined by an accredited assessor, nominated by the Department, against the relevant competency standards identified in this Award.

 

"Level 2" competencies means the competencies as stated in the Department’s guide "Certificate III in Disability Work Competency Standards for DADHC Employees". 

 

"Level 3" competencies means the competencies as stated in the Department’s guide "Level 3 Competency Standards for DADHC Employees".

 

"Department" means the New South Wales Department of Ageing, Disability and Home Care (DADHC)

 

"Recognition of Prior Learning (RPL)" means the process whereby the Department assesses an application by an employee for equivalence of their qualifications, skills and/or knowledge against the identified set of competencies for placement at Level 2 or Level 3 in the Residential Support Worker (RSW) salary range.  RPL is assessed through a number of means including narratives, portfolio or relevant Statements of Attainment. 

 

"Mutual Recognition (MR)" means the process whereby the Department as a RTO recognises an identical qualification gained through an alternative training provider. Mutual recognition includes the recognition of Statements of Attainment obtained through other training providers. 

 

"RTO" means Registered Training Organisation

 

4.  Level 1

 

(i)         Level 1 is the entry level for all new employees who do not possess the competencies required for appointment to Level 2.

 

(ii)        An exception to subclause (i) above is where an employee is appointed to a Level 3 position in accordance with clause 6 of this schedule.

 

(iii)       New appointments to this Level will be to an appropriate year in the scale based on years of equivalent full time service with the Department providing direct care services within an accommodation setting to clients with an intellectual disability.

 

(iv)       This level provides a 3 year scale during which employees may successfully complete the competencies required for appointment to Level 2.

 

(v)        The assessment against the competency standards for Level 2 can occur at any time during the 3 years.

 

(vi)       An employee is not required to remain on Level 1 for three years but the option exists for employees to complete their training and assessment over this period if they so choose.

 

(vii)      Progression of a Level 1 employee to Level 2 will be subject to the successful completion of formal assessment of the competencies required for Level 2.  Upon successful assessment against all the competencies required for Level 2, an employee will, effective from the date of successful assessment progress to Level 2 Yr 1,

 

(viii)     Progression of a Level 1 employee to Level 2 Yr 1 may also occur where an employee obtains the Level 2 competencies by way of MR.  MR does apply from the date that the employee notifies the Department of having attained the same qualification or Statements of Attainment as required for a Level 2 position from another RTO.

 

(ix)       Progression of a Level 1 employee to Level 2 Yr 1 may also occur in circumstances of RPL as provided for in clause 7(iii) of this Schedule.

 

(x)        Annual incremental progression throughout Level 1 will be subject to satisfactory performance in accordance with the Public Sector Employment and Management (General) Regulation 1996.

 

(xi)       Level 1 positions will be established, advertised and filled as RSW Level 1/Level 2.

 

5.  Level 2

 

(i)         This level provides a seven (7) year scale and only applies to employees who have been successfully assessed as possessing the competencies required to be awarded the qualification of Certificate III in Disability Work.

 

(ii)        An employee may also be appointed to this level if they possess a Certificate III in Disability Work which has been awarded by another RTO and to which MR in accordance with subclause (iii) below applies.

 

(iii)       In terms of subclause (ii) above, MR does apply from the date that the employee notifies the Department of having attained the same qualification or Statements of Attainment as required for a Level 2 position from another RTO. 

 

(iv)       MR may also apply to components of the Level 2 competencies, however an employee cannot be appointed or paid at Level 2 until such time as they have completed all Level 2 competencies.

 

(v)        An employee may also be appointed to this level where they have been successfully assessed as possessing the competencies required to be awarded the qualification of Certificate III in Disability Work by way of RPL in accordance with clause 7(iii) of this Schedule.

 

(vi)       A Level 1 employee may progress to Level 2 Yr 1 in accordance with clauses 4(vii) or 4(viii).

 

(vii)      New appointments to this Level, excepting those provided for in clause 7(iii), will be to an appropriate year in the scale based on years of equivalent full-time previous service as a Level 2 employee.

 

(viii)     Annual incremental progression throughout Level 2 will be subject to satisfactory performance in accordance with the Public Sector Employment and Management (General) Regulation.

 

(ix)       Level 2 positions will be established, advertised and filled as RSW Level 1/Level 2.

 

6.  Level 3

 

(i)         This level provides an 8 (eight) year scale and applies only to staff who have been successfully assessed as competent against the Level 2 and Level 3 competencies as defined at clause 3 of this Schedule.

 

(ii)        In every case, including those to which any of the below subclauses apply, the person must possess the Level 2 competencies prior to any appointment to a Level 3 position.

 

(iii)       An employee may be appointed to this level if they have been awarded by another RTO the relevant statements of attainment for the Level 3 competencies and to which MR applies.

 

(iv)       In terms of subclause (iii) above, MR does apply from the date that the employee notifies the Department of having attained the same qualification or the Statements of Attainment as required for a Level 3 position from another RTO.

 

(v)        An employee may be appointed to this level where they have been successfully assessed as possessing the competencies required for Level 3 by way of RPL in accordance with Clause 7 of this Schedule.

 

(vi)       In recognition of prior learning, the Department will from time to time release a document which indicates the alternate qualifications that are deemed by the Department to satisfy the competency requirements for appointment to Level 3.  An employee may be appointed to this level where they possess one of these qualifications.

 

(vii)      An employee may be appointed to this level at Yr 1 in the salary scale where they do not possess the Level 3 competencies, but the employee must obtain the competencies within 12 months of date of appointment.

 

(viii)     Where an employee is appointed to this level in accordance with subclause (vii) above, incremental progression beyond Yr 1 in the salary scale will not occur until after the completion of twelve (12) months service and the successful attainment of the Level 3 competencies.

 

(ix)       Where other than an existing permanent officer is appointed to a RSW Level 3 position, and that appointee does not possess the Level 3 competencies prior to appointment, confirmation of appointment may only occur after the person has obtained the Level 3 competencies.  Nothing in this subclause effects the operation of subclause (viii) above.

 

(x)        Where an existing permanent officer is appointed to a RSW Level 3 position, and that appointee does not possess the Level 3 competencies prior to appointment, appointment will be on a temporary Section 24 basis under the Public Sector Employment and Management Act 2002 for a maximum 12 month period.

 

(xi)       In the case of subclause (ix) above, successful assessment against the Level 3 competencies within 12 months is required for permanent appointment to the Level 3 position.  Permanent appointment will be effective from the date of successful assessment against the Level 3 competencies.

 

(xii)      In the case of subclauses (x) and (xi) above, the officers’ previous substantive position must not be filled on a permanent basis until such time as the officer is successfully assessed against the competency standards for Level 3.

 

(xiii)     In the case of subclauses (x) and (xii) above, if the officer fails to be successfully assessed against the Level 3 competency standards within 12 months of temporary appointment to the Level 3 position, then the temporary appointment will cease and the officer will be returned to their substantive position.

 

(xiv)     Appointments to this level will be subject to a competitive merit selection process and to a vacant Level 3 position designated as such by the Department.

 

(xv)      The Department, in accordance with guidelines developed by the parties, will determine the location and number of designated Level 3 positions.

 

(xvi)     Annual incremental progression throughout Level 3 will be subject to sub-clause (viii) and satisfactory performance in accordance with the Public Sector Employment and Management (General) Regulation.

 

(xvii)    A Level 2 Officer who is required to perform the full range of duties and responsibilities of a designated Level 3 position on a specified shift on a roster for two hours or more will be paid at Level 3 Yr 1 for all time worked.  Where a Level 2 Officer acts in a Level 3 position for more than 1 calendar month, such officer should possess the Level 3 competencies.

 

7.  Recognition of Prior Learning (RPL)

 

(i)         Recognition of prior learning applies where an employee can demonstrate that they possess prior learning and/or relevant experience which is equivalent to the competencies or components thereof required for appointment to Level 2 or Level 3 as defined in clause 3 of this Schedule.

 

(ii)        The Department will from time to time release guidelines for the assessment of recognition of prior learning.

 

(iii)       Progression of Existing Employees from Level 1 to Level 2 through Recognition of Prior Learning

 

(a)        Where the Department assesses through the guidelines referred to in subclause (ii) above, that the prior learning and/or experience possessed by a Level 1 employee is equivalent to or exceeds the competencies required for progression to Level 2, the employee may progress to Level 2 Year 1 effective from the date of successful assessment.

 

(b)        Where an existing Level 1 employee requests a recognition of prior learning assessment for progression to Level 2, they will remain at their existing salary Level until the assessment has been successfully completed against the entire competency standards for Level 2.

 

(iv)       Recognition of Prior Learning on New Appointments to RSW Level 1/2 Positions

 

(a)        Where on appointment a new employee requests a RPL assessment, initial appointment will be as a Level 1 officer.

 

(b)        If within a 3 month period the employee is successfully assessed against the Level 2 competencies, that employee will be paid at Level 2 Year 1 from the date of initial appointment.

 

8.  Casual and Temporary Employees

 

(i)         All casual and temporary employees may receive assessment.

 

(ii)        Casual and temporary employees may receive training upon application and approval.

 

(iii)       Guidelines which set the priorities for the provision of training for casual and temporary staff seeking training, will be released from time to time by the Department in consultation with the Association.

 

9.  Assessment Process

 

(i)         Policies and processes for assessments including time frames and appeal mechanisms, other than those stipulated in this Award variation, will be contained in the Department’s Assessment Policy.

 

(ii)        There will be a minimum of four qualified assessors in each Area as well as additional assessors in key units within the Department.

 

(iii)       If for any reason an employee whom is undertaking a formal assessment has an objection to the appointed Assessor, they may request that consideration be given to the appointment of another Assessor.

 

(iv)       If either party believes that there is undue delay in processing assessments, the parties will consult with a view to identifying and resolving any problems identified.

 

Schedule 2 - Transitional Arrangements for Residential Support Workers

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Permanent Officers Employed as at 30.4.99

3.         Permanent Officers Employed as at Date of Making of this Award

4.         Permanent Officers transition to Residential Support Worker (RSW) Level 3 Positions

5.         Casual and Temporary Employees

6.         Table 1 Transitional Salary Arrangements (Excepting RSW 1/2’s employed prior to 30.4.99 who have not been assessed)

7.         Table 2 Transitional Salary Arrangements RSW 1/2’s Employed Prior to 30.4.99 who have not been assessed.

8.         Table 3 Transitional Salary Arrangements Salary progression for officers employed prior to 30.4.99 in the classification of Residential Care Worker

9.         Table 4: Transitional Salary Arrangements RSW Level 3’s

 

2.  Permanent Officers Employed in Previous Classifications of Residential Care Assistant (RCA), Or Youth Worker Classifications at the Date of the Making of This Award

 

(i)         A reference to an Officer in this clause means an officer employed on a permanent basis in the previous classifications of RCA, Senior Youth Worker (SYW) or Chief Youth Worker (CYW).

 

(ii)        Permanent officers who were employed in the previous classifications of RCA, SYW or CYW will retain their rights of salary progression contained in Table 2 of this Schedule.

 

(iii)       Permanent officers referred to in subclause (ii) above will therefore be entitled to progress by annual increments to a salary equivalent to the maximum they would have achieved under the previous Residential Care Assistant (RCA), or Youth Worker classifications, whichever is appropriate.

 

(iv)       Further progression beyond these points referred to in clause (iii) above, excepting those covered and provided for within Clause 4 of this Schedule, will be subject to satisfactory assessment against the competency standards applicable for the relevant level in accordance with Part B Schedule 1 Competency Based Training and Classification Structure of this Award.

 

3.  Permanent Officers Employed as at Date of Making of This Award Other Than Those Referred to in Clause 2 Above

 

(i)         A reference in this clause to an officer means a permanent officer employed as at the date of making of this Award.

 

(ii)        Table 1 of this Schedule sets out the transitional salary arrangements which applies to all officers, excepting those covered by the transitional salary arrangements given in Table 2.

 

(iii)       Level 1 RSW officers who have had in excess of 12 months service on the 1st year of the Level 1 RSW salary range, may increment to the 2nd year from the date of making of this Award variation.  Further annual incremental progression will occur in accordance with Clause 4(x) of Schedule 1 Competency Based Training and Classification Structure RSWs of this Award.

 

(iv)       Level 1 RSW officers who have less than 12 months service on the 1st year of the Level 1 RSW salary range, will progress to Level 1 Yr 2 on their next incremental date and thereafter by way of annual increments through the Level 1 RSW salary in accordance with Clause 4(x) of Schedule 1 Competency Based Training and Classification Structure RSWs of this Award.

 

(v)        Level 2.1 Yr 1 officers who have not yet attained the competencies will transition to Level 1 Yr 2 and retain their existing incremental date.  Progression thereafter will be by way of annual increments through the Level 1 RSW salary range in accordance with Clause 4(x) of Schedule 1 Competency Based Training and Classification Structure RSWs of this Award.  These officers will not progress to Level 2 until the required competency assessment has been obtained.

 

(vi)       Level 2.1 Yr 2 officers who have not yet attained the competencies will transition to Level 1 Yr 3 and retain their existing incremental date.  These officers will not progress to Level 2 until the required competency assessment has been obtained.

 

(vii)      Officers on the existing rates of RSW Level 2.1 Year 1 and Year 2 who are not covered by the previous sub-clauses (v) and (vi), will as at the date of making of this award variation, progress to the new rate of pay for a Level 2 RSW Year 1. 

 

(viii)     Officers on the existing salary rates of RSW 2.1 or RSW 2.2 who are not covered by a grandparenting arrangement in accordance with Clause 2 to this schedule, and who have not been successfully assessed against the previous competency standards at the date of the making of this Award, will following the attainment of the required competencies and receipt of the Certificate 3 in Disability Work, which is a requirement for progression, be entitled to progress to the next increment on the Level 2 salary range and then progress through the Level 2 scale by annual increments.

 

The Department will ensure that officers affected by this sub clause will be given the opportunity to be assessed and awarded the Certificate 3 through the CBT Training and assessment, Recognition of Prior Learning process or Reciprocal Recognition process whichever is appropriate, within the nominal term of this Award.

 

(ix)       All officers, excepting those covered by the provisions contained in Clause 2 of this Schedule or by sub-clauses (v) and (vi) above, on the existing rates for Level 2.1 and Level 2.2 RSW will progress by way of annual increments to the 7th year of the new salary range for a Level 2 RSW.  Future annual incremental progression will occur in accordance with Clause 5(viii) of Schedule 1 Competency Based Training and Classification Structure RSWs of this Award.

 

(x)        All officers to whom the provisions of Clause 2 of this Schedule apply and who are as at the date of this Award variation paid as a Level 2.1 or Level 2.2 RSW, future incremental progression will occur in accordance with the terms of that Clause.

 

4.  Permanent Officers Transition to Residential Support Worker (RSW) Level 3 Positions

 

(i)         Effective from the date of this Award variation officers paid on the RSW Level 3 salary scale will be transitioned to the classification of RSW Level 3 in accordance with Table 4.  These officers will thereafter progress throughout the entire salary range.  Annual incremental progression throughout Level 3 will be subject to satisfactory performance in accordance with the Public Sector Management (General) Regulation.

 

(ii)        Officers who were prior to the date of this Award variation paid at RSW Level 3 Yr 5 for at least 12 months, shall progress to RSW Level 3 Yr 6 effective from the date of this Award variation. 

 

(iii)       Officers who were prior to the date of this Award variation paid at RSW Level 3 Yr 6 for at least 12 months, shall progress to RSW Level 3 Yr 7 effective from the date of this Award variation. 

 

(iv)       Officers who were prior to the date of this Award variation paid at RSW Level 3 Yr 7 for at least 12 months, shall progress to RSW Level 3 Yr 8 effective from the date of this Award variation. 

 

(v)        All other officers not covered by subclauses (ii) - (iv) above, shall progress to the next immediate step in the Level 3 salary scale on their next annual incremental date.

 

(vi)       Officers transitioned to RSW Level 3 in accordance with sub-clause (i) above, will be required to perform the complete range of duties for the Level 3 classification.

 

(vii)      Officers transitioned to RSW Level 3 in accordance with sub-clause (i) above, will be considered for industrial purposes to possess the necessary competencies for this Level. 

 

(viii)     The Department will consult with the Public Service Association regarding the establishment of designated RSW 3 positions throughout the Department.

 

(ix)       Designated RSW Level 3 positions will be filled in the first instance through voluntary transfer by employees paid at RSW Level 3 rates of pay.

 

(x)        Forced transfers will be avoided wherever practicable.  Where an involuntary transfer is necessary, consultation with the Association must be undertaken prior to the transfer being affected.

 

5.  Casual and Temporary Employees

 

(i)         A casual employee who was prior to this Award variation paid an hourly rate based on the previous classification of Residential Care Worker, will effective from the date of this variation be offered an appropriate hourly rate within either the Residential Support Worker Level 1/2 or Level 3 salary range, according to the needs of the Department for the relevant shift.

 

(ii)        A temporary employee who was prior to this Award variation engaged on a contract of employment based on a rate of pay within the salary range of the previous classification of Residential Care Worker, will maintain that rate of pay until the completion of that contract of employment.

 

(iii)       All new temporary contracts of employment entered into after the date of this Award variation, will be determined, offered and paid as either RSW Level 1/2 or RSW Level 3, according to the needs of the Department.

 

6.  Table 1 - Transitional Salary Arrangements (Excepting RSW 1/2’s Employed Prior to 30.4.99 Who Have Not Been Assessed Or RSW 1/2s Covered By subclauses (v) or (vi) of Clause 3 to This Schedule)

 

This Table applies to RSW’s employed as at the date of this Award, excluding officers employed prior to 30 April 1999 who as at the date of this Award had not been successfully assessed against the previous Level 2.1 competencies and also excluding those RSW 1/2s covered by sub-clauses (v) or (vi) of Clause 3 to this Schedule.

 

 

7.  Table 2 - Transitional Salary Arrangements for Staff Employed in the Previous Classifications of RCA, SYW and CYW and Who Have Not Been Assessed.

 

This table applies to officers who transitioned to RSW Level 1 and Level 2.1 and Level 2.2 from the previous classifications of Residential Care Assistant (RCA), Residential Care Worker (RCW), Senior Youth Worker (SYW) and Chief Youth Worker (CYW).  In the case of RCA’s, SYW’s and CYW’s it applies to those who had not been successfully assessed against the previous Level 2.1 competencies.

 

 

 

 

9.  Table 4 Transitional Salary Arrangements Permanent Officers Employed as at the Date of This Award Transition to the Classification of Residential Support Worker Level 3 in Accordance With Clause 4 Schedule 2

 

 

Schedule 3 - Transitional Salary Arrangements Community Support Worker, Community Worker and Community Consultant

 

(i)         Officers employed at the operative date of this Award in the classification of Technical Assistant Grade 1, Therapy Aide, Technical Assistant Grade 2, Social Educator, Health Education Officer (Graduate), Health Education Officer (Non-Graduate), Welfare Officer Grade 1, Welfare Officer Grade 2, Vocational Instructor - Rehabilitation (Trades), Residential Care Assistant, or Residential Care Worker shall transition to the classification of Community Support Worker, Community Worker or Community Consultant, in accordance with Table 1 to this Schedule and the below sub-clauses.  These staff retain their existing incremental date and increment throughout the new salary range, except where specifically addressed in the below sub-clauses.

 

(ii)        Residential Support Workers employed in other than a Community Residential Centre (CRC) as defined in Part A Clause 2 Definitions of this Award, shall also transition to the classifications of Community Support Worker or Community Worker, whichever is appropriate, in accordance with the provisions of Table 1 to this Schedule.  These staff retain their existing incremental date and increment throughout the new salary range, except where specifically addressed in the below sub-clauses.

 

(iii)       Officers, who at the operative date of this Award, are in receipt of a salary at the 3rd year rate of either the classification of Technical Assistant Grade 1, Therapy Aide or Technical Assistant Grade 2, shall have their incremental date adjusted to the operative date of this Award.  These officers will transition to the 3rd year of the Community Support Worker salary scale in accordance with Table 1 to this Schedule, and may, after 12 months progress by annual increments to the 5th year of the Community Support Worker salary scale.

 

(iv)       Officers, who at the operative date of this Award, are in receipt of a salary at the 1st to 4th years of the classification of Social Educator, shall have their incremental date adjusted to the operative date of this Award.  These officers will transition to the new salary scale for Community Worker and Community Consultant in accordance with Table 1 to this Schedule, and may, after 12 months, progress by annual increments throughout the Community Worker and Community Consultant salary scale.

 

(v)        Officers, who at the operative date of this Award, are in receipt of a salary at the 1st to 5th years of the classification of Health Education Officer (Graduate), shall have their incremental date adjusted to the operative date of this Award.  These officers will transition to the new salary scale for Community Worker or Community Consultant in accordance with Table 1 to this Schedule, and may, after 12 months, progress by annual increments throughout the Community Worker and Community Consultant salary scale. 

 

(vi)       Officers, who at the operative date of this Award, are in receipt of a salary at the 1st to 8th years of the classification of Health Education Officer (Non-Graduate), shall have their incremental date adjusted to the operative date of this Award.  These officers will transition to the new salary scale for Community Worker in accordance with Table 1 to this Schedule, and may, after 12 months progress by annual increments throughout the Community Worker salary scale.

 

(vii)      Officers, who at the operative date of this Award, are in receipt of a salary in the salary range for the classification of Welfare Officer Grade 1, shall have their incremental date adjusted to the operative date of this Award.  These officers will transition to the new salary scale of Community Support Worker or Community Worker in accordance with Table 1 to this Schedule, and may, after 12 months, progress by annual increments to a maximum of 5th year Community Worker.

 

(viii)     Officers, who at the operative date of this Award, are in receipt of a salary in the salary range for the classification of Welfare Officer Grade 2, shall have their incremental date adjusted to the operative date of this Award.  These officers will transition to the new salary scale of Community Worker in accordance with Table 1 to this Schedule, and may, after 12 months, progress by annual increments to a maximum of 7th year Community Worker.

 

(ix)       Officers, who at the operative date of this Award, are in receipt of a salary at the 1st to 2nd year of the classification of Vocational Instructor - Rehabilitation (Trades), shall have their incremental date adjusted to the operative date of this Award.  These officers will transition to the new salary scale of Community Worker in accordance with Table 1 to this Schedule, and may, after 12 months, progress by annual increments to a maximum of 5th year Community Worker.

 

(x)        Officers, who at the operative date of this Award, are in receipt of a salary at the 4th to 9th years of the classification of Residential Care Worker, shall have their incremental date adjusted to the operative date of this Award.  These officers will transition to the new salary scale of Community Worker or Community Consultant in accordance with Table 1 to this Schedule, and may progress by annual increments to a maximum of 8th year Community Worker or 3rd or 4th year Community Consultant so that they may progress to a salary equivalent to, or if there is no equivalent salary the next higher salary on the scale, the maximum they would have achieved under the previous Residential Care Worker scale.

 

(xi)       Officers, who at the operative date of this Award, are in receipt of a salary at the 1st year of the classification of Residential Support Worker Level 1, shall transition to 1st year Community Support Worker in accordance with Table 1 to this Schedule.  Thereafter they may progress by normal annual increments throughout the Community Support Worker salary scale. 

 

(xii)      Officers, who at the operative date of this Award, are in receipt of a salary at the 2nd to 4th years of the classification of Residential Support Worker Level 2.2, shall have their incremental date adjusted to the operative date of this Award.  These officers will transition to the new salary scale of Community Worker in accordance with Table 1 to this Schedule, and may after 12 months progress by annual increments to a maximum of 5th year Community Worker.  Provided that an officer who possesses the required qualifications for a Community Worker as defined in Part A Clause 3 Salaries, may progress throughout the entire salary range for a Community Worker. 

 

(xiii)     Officers, who at the operative date of this Award, are in receipt of a salary at the 1st or 5th year of the classification of Residential Support Worker Level 2.2, shall transition to the new salary scale of Community Worker in accordance with Table 1 to this Schedule, and may progress by way of annual increments to a maximum of 5th year Community Worker.  Provided that an officer who possesses the required qualifications for a Community Worker as defined in Part A Clause 3 Salaries, may progress throughout the entire salary range for a Community Worker.

 

(xiv)     Officers, who at the operative date of this Award, are in receipt of a salary at the 3rd, 6th and 7th years of the classification of Residential Support Worker Level 3, shall have their incremental date adjusted to the operative date of this Award.  These officers will transition to the new salary scale of Community Worker or Community Consultant in accordance Table 1 to this Schedule, and may after 12 months progress by way of annual increments throughout the Community Worker and Community Consultant salary scale.

 

(xv)      Officers, who at the operative date of this Award, are in receipt of a salary at the 9th or 10th year of the previous salary scale for the classification of Community Worker, shall respectively transition to the 3rd or 4th year of the Community Consultant salary scale.  These officers may progress by normal annual increments to a maximum of 4th year Community Consultant.

 

(xvi)     Officers, who at the operative date of this Award, are in receipt of a salary at the 1st to 8th years of the previous salary scale for the classification of Community Worker, shall transition to the new salary scale of Community Worker in accordance with Table 1 to this Schedule.  These officers may progress by normal annual increments to a maximum salary equivalent to, or if there is no equivalent salary the next higher salary on the scale, the maximum salary they would have attained under the previous Award.  This means for officers with Associate Diploma level qualifications a maximum of 8th year Community Worker and for a 3 year Degree level a maximum of 4th year Community Consultant.

 

(xvii)    Progression between the classifications of Community Support Worker, Community Worker and Community Consultant is subject to the possession of the necessary qualifications as defined in Part A Clause 3 and competitive merit selection to a vacant designated position.

 

(xviii)   Positions of Community Consultant will, in the first instance, be filled by current officers who transition to that scale and are eligible to progress to the maximum scale prescribed for the Community Consultant classification.  Those staff who transition to Community Consultant by virtue of the provisions of this Award but are not eligible for appointment to a Community Consultant position shall be paid on a personal basis but perform the duties of the Community Worker classification.

 

(xix)      Those officers referred to in sub clause (xviii) who are ineligible for appointment to Community Consultant positions or to progress to the top of that scale due to the fact they do not hold the requisite qualifications will, upon gaining such qualification, be eligible to proceed by annual increment to the 5th year of the scale and undertake the full range of duties for Community Consultant and apply for available vacant Community Consultant positions.

 

(xx)       Any positions remaining unfilled through this process will be advertised internally, and if vacancies remain, external advertisement will take place.

 

Table 1: CSW/CW/CC Transitional Salary Arrangements

 

 

Schedule 4 - Monetary Rates

 

 

These salary ranges are effective from the first pay period on or after 16 February 2004, however in some cases the rates are effective from 1.07.03. See Schedule 2 Table 1 for specific details including transitional salary arrangements.

 

Schedule 5 -Allowances

 

(i)         An officer who is required by the Department to accompany clients on excursions etc., which necessitate overnight stays, shall be paid an allowance equivalent to eight hours at ordinary rates for each overnight stay.  If the officer is required to perform any necessary work during the night, the work shall be paid for at overtime rates.

 

(ii)        An officer who is nominated to supervise a team in a community based service, other than in a residential setting, shall be paid a Team Leader Allowance as follows:

 

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.