Crown Employees (NSW DEPARTMENT OF PRIMARY INDUSTRIES) TECHNICAL STAFF Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1697 of 2007)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Title

2.         Definitions

3.         Salaries

4.         Saving of Rights

5.         Progression Criteria

6.         Transitional Arrangements

7.         Allowances

8.         Hours of Work

9.         Job Evaluation

10.       Grievance and Dispute Settling Procedures

11.       Appeals Mechanism

12.       Anti-Discrimination

13.       Deduction of Union Membership Fees

14.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Allowances

 

1.  Title

 

This Award shall be known as the Crown Employees (NSW Department of Primary Industries) Technical Staff Award.

 

2.  Definitions

 

(i)         "Act" means Public Sector Employment and Management Act 2002.

 

(ii)        "Public Service" means the Public Service of New South Wales as defined in the Public Sector Employment and Management Act 2002.

 

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

 

(iv)       "Department" means the NSW Department of Primary Industries, as specified in Schedule 1 of the Public Sector Employment and Management Act 2002.

 

(v)        "Regulation" means the Public Sector Management (General) Regulation 1996.

 

(vi)       “DPE” means Director of Public Employment, as established under the Public Sector Employment and Management Act 2002.

 

(vii)      "Service" means continuous service for salary purposes.

 

(viii)     "Job Evaluation" means a methodology agreed to between the parties to grade Technical Staff under this Award.

 

(ix)       "Member of staff" for the purposes of this Award, means a person employed as an officer on probation or officers, employed in any capacity under the provisions of Part 2.3 of the Act, or a temporary employee employed under S. 27 of the Act, who are classified under this Award, and employed in either a casual, part-time or full-time capacity.

 

(x)        "Position" means a position as dealt with in Section 9 of the Public Sector Employment and Management Act 2002.

 

(xi)       "Salary Rates" means the ordinary time rate of pay for the member of staff’s grading, excluding shift allowances, weekend penalties and all other allowances not regarded as salary.

 

(xii)      "Normal Work" as defined in clause 10, Grievance and Dispute Settling Procedures, is defined as the duties and responsibilities relevant to the Statement of Duties, or Position Description, of a member, or members, of staff, at the time of a grievance, dispute or difficulty.

 

(xiii)     "Technical Assistant" means an officer or employee who holds the New South Wales School Certificate or its equivalent that is required for employment in any of the positions covered by the provisions of this Award.  VET Certificate II in any qualification is considered equivalent to the NSW School Certificate.

 

(xiv)     "Technical Co-ordinator" means an officer or employee whose experience and expertise allows them to accept responsibility for the supervision and co-ordination of technical activities in a technical section or work unit and is appointed to a position designated as such.

 

(xv)      "Technical Manager" means an officer or employee who is appointed to a position designated as such.

 

(xvi)     "Technical Officer" means an officer or employee who holds:

 

(a)        completion of a Biological Technicians Certificate, Chemistry Certificate Course, or the Pathology Technician Certificate Course from TAFE, or a relevant VET Diploma (equivalent AQF Level V) or other qualification deemed by the Department to be equivalent; or

 

(b)        a trade qualification plus 5 years relevant post trade experience that is required for employment in any of the positions covered by the provisions of this Award; or,

 

(c)        a Library Technician Certificate from TAFE or other qualification deemed by the Department to be equivalent; or

 

(d)        successfully completed two-thirds of the required credit points necessary for the award of a relevant degree; or

 

(e)        a relevant AQF Certificate IV or equivalent plus 5 years relevant post qualification experience.

 

(xvii)    "Technical Staff" means all members of staff employed to provide technical contributions to the achievement of the Department’s corporate goals.

 

3.  Salaries

 

Subject to the provisions of the Act and the Regulations thereunder, the rates of salary as set out in Table 1 - Salaries, of Part B, Monetary Rates shall be paid to members of staff appointed to the positions specified.

 

4.  Saving of Rights

 

At the time of making of this Award, no member of staff covered by this Award will suffer a reduction in their rate of pay or any loss or diminution in his or her conditions of employment as a consequence of the making of this Award.

 

5.  Progression Criteria

 

(i)         A Technical Assistant who has been in receipt of the maximum salary prescribed for their grade for 12 months shall be eligible for progression to the next grade, up to and including Grade 3, subject to satisfying the merit progression criteria.

 

(ii)        A Technical Officer, who has been in receipt of the maximum salary prescribed for their grade for 12 months, shall be eligible for progression to the next grade, up to and including Grade 3, subject to satisfying the merit progression criteria.

 

(iii)       Technical Manager positions shall be included at substantive levels, Grade 3, Grade 4 and Grade 5, with promotion into such positions being by appointment subject to the occurrence of a vacancy.

 

6.  Transitional Arrangements

 

The Transitional Arrangements in the former Crown Employees (Technical Staff - NSW Agriculture) Award published 17 May 2002 (333 IG 534) no longer have current effect, the period for transition of staff to classifications in this award having expired.

 

7.  Allowances

 

(i)         A member of staff who is appointed as a Technical Co-ordinator will be paid an allowance as set out in Item 1 of Table 2 - Allowances of Part B Monetary Rates from the date of their appointment. The allowance will be part of the member of staff’s salary for all purposes and will be adjusted in accordance with any variations applied commensurate with this Award. The allowance will also be superable.

 

(ii)        Members of staff will be appointed to the role of Technical Co-ordinator for periods of up to two years with future appointees to be determined by merit selection through internal advertisement within the Department.

 

8.  Hours of Work

 

(i)         Both full-time and part-time members of staff, subject to Departmental convenience, will work a flexible working hours arrangement in accordance with the NSW Department of Primary Industries Flexible Working Hours Agreement which is a co-lateral arrangement under clause 10, Local Arrangement of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

(ii)        Members of staff cannot be required to work more than 5 hours in one continuous period without an unpaid meal break of at least 30 minutes.

 

9.  Job Evaluation

 

Positions classified as Technical Staff shall be graded in accordance with the accredited Job Evaluation methodology agreed by the Department, DPE and Association and as outlined in the Department’s “Job Analysis, Job Evaluation, Classification and Grading Policies and Procedures Manual”.

 

10.  Grievance and Dispute Settling 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 appropriate Department, if required.

 

(ii)        A member of staff 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 member of staff 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, or other appropriate officer, shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

(v)        If the matter remains unresolved with the immediate manager, the member of staff may request to meet the appropriate person at the next level of management in order to resolve the matter.  This manager shall respond within two (2) working days, or as soon as practicable.  The member of staff may pursue the sequence of reference to successive levels of management until the matter is referred to the Department Head.

 

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

 

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

 

(viii)     A member of staff, at any stage, may request to be represented by the Association.

 

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

 

(x)        The member of staff, Association, Department and DPE shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

(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 the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any member of staff or member of the public.

 

11.  Appeals Mechanism

 

(i)         A member of staff of the Department shall have the right to appeal any decision made by the Department in relation to their performance assessment review or in relation to promotion on merit from one grade to another where this is available under the provisions of this Award.

 

(ii)        Members of staff shall submit a written submission outlining their case to the Director, Human Resources within 28 days of the decision being appealed.

 

(iii)       The Director, Human Resources shall constitute an appeals committee made up of one Management representative, an Association representative and one peer that is acceptable to both Management and the Association.

 

(iv)       The appeal shall be heard within 28 days of it being lodged and the recommendation of the committee shall be forwarded to the Department Head or nominee for approval.

 

(v)        The decision of the Department Head or nominee shall be forwarded to the officer concerned within 7 working days of the appeal being heard.

 

(vi)       This appeal mechanism shall not cover matters that are dealt with by the NSW Industrial Relations Commission or the Government and Related Employees Appeal Tribunal.

 

12.  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 and 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.

 

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

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

(c)        "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."

 

13.  Deduction of Union Membership Fees

 

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

 

(ii)        The Association shall advise the employer of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of Association 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 Association fortnightly membership fees from the pay of any employee who is a member of the Association in accordance with the Association's rules, provided that the employee has authorised the employer to make such deductions.

 

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

 

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

 

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

 

14.  Area, Incidence and Duration

 

(i)         The Award shall apply to each member of staff described as a Technical Staff employee in clause 2, Definitions, in the NSW Department of Primary Industries.

 

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

 

(iii)       This Award is made following a review under Section 19 of the Industrial Relations Act 1996, and rescinds and replaces the Crown Employees (Technical Staff - NSW Agriculture) Award published 8 April 2005 (349 I.G. 944), and all variations thereof.

 

(iv)       The changes made to this Award pursuant to the Award Review under Section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 18 December 2007.

 

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

 

PART B

 

MONETARY RATES

 

Effective from the beginning of the first pay period to commence on or after 1 July 2007

 

Table 1 - Salaries

 

(A)       Full-time rates

 

Technical Assistant

 

 

Technical Officer

 

 

(B)       Part-Time Hourly Rate Formula

 

 

Table 2 - Allowances

 

Item No.	Clause No.	Brief Description	Amount
			$
1	7 (i)	Technical Co-ordinator Allowance	2,080 pa

 

 

 

D. W. RITCHIE, Commissioner.

 

 

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