Crown Employees Sydney Living Museums (Gardens -
Horticulture and Trades Employees) Award 2016
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 135357 of 2019)
Before Chief Commissioner Kite
|
22 August 2019
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Conditions
of Employment
5. Classification
Standards
6. Progression
7. Appeals
Mechanism
8. Grievance
and Dispute Handing Procedures
9. Anti-Discrimination
10. Deduction
of Union Membership Fees
11. Consultative
Committee
12. Area,
Incidence and Duration
PART B
MONETARY RATES
Rates of Pay
PART A
1. Title
This Award shall be known as the Crown Employees Sydney
Living Museums (Gardens - Horticulture and Trades Employees) Award 2016.
2. Definitions
"Act" means the Government Sector Employment Act 2013.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Unions of New South Wales.
"Broad Banded role" means a role whose grading,
skills and range of duties extends beyond those defined for a single level and
will occur in Levels 2 to 11 as determined by the Executive Director.
"Employee" means and includes all persons employed
under the provisions of the Government
Sector Employment Act 2013 as varied.
"Executive Director" means the Executive Director
of the Sydney Living Museums.
"Skills" means the appropriate qualifications,
relevant experience/demonstrated ability and completion of the training modules
appropriate to each level or equivalent, as determined by the Executive
Director.
3. Salaries
The rates of pay for employees are set out in Part B -
Monetary Rates, of this Award and are set in accordance with the Crown
Employees (Public Sector - Salaries 2019) Award and any variation or
replacement award.
4. Conditions of
Employment
All employees are employed under the Act and conditions of
employment will be in accordance with the Act and Government Sector Employment
Regulation 2014, the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 and the Crown Employees (Public Sector - Salaries 2019)
Award.
5. Classification
Standards
5.1 For the purpose
of this clause:
"Employee" means and includes employees as
defined in clause 2 and special job creation and training program personnel.
"Supervision" means, in addition to normal
supervisory responsibilities, the assessment, evaluation and training of
employees and volunteers.
5.2 A role falling
within the scope of this Award shall have assigned to it a classification level
determined in accordance with:
(a) the classification standards detailed below; and
(b) where such a system has been implemented, the accredited job
evaluation.
5.3 The following
classification levels will apply:
Level 1
Roles established at this level are to be used to
accommodate employees employed for limited periods of time on special training
programs. An employee assigned to a role established at Level 1 of this Award
will:
(a) work under close direct supervision and therefore will not
be required to use individual judgement in following direction; and
(b) have as a minimum, basic communication skills and the
ability required to:
(i) perform basic tasks, (such as digging and weeding) using
basic hand tools or equipment (such as spades and picks) for which either no
previous training or experience is required or for which no detailed on the job
training will be required; and
(ii) communicate with supervisors and other employees.
(c) be prepared to undertake appropriate introductory and
non-technical training.
Level 2
An employee assigned to a role established at Level 2
of this Award will:
(a) work under general supervision and therefore will not be
required to exercise individual judgement in following direction; and
(b) have completed the TAFE Horticultural Skills 1 technical and
the introductory non-technical training modules, or be able to demonstrate
equivalent prior learning, so that they have the basic communication skills and
other skills and relevant experience required to:
(i) perform basic work processes (such as mowing, planting,
trenching) using equipment requiring basic training (such as brush cutters,
cement mixers, power tools); and
(ii) communicate with supervisors and other employees; and/or
(iii) communicate non-technical information to the public.
Level 3
An employee assigned to a role established at Level 3
of this Award will:
(a) work under minimal supervision and therefore be required to
exercise limited individual judgement in following instructions; and
(b) have completed the TAFE Horticultural Skills 2 technical
training modules and fundamental non-technical training modules, or be able to
demonstrate equivalent prior learning and possess, if required, a current Class
C driver's licence, so that they have the basic communication skills and other
skills and relevant experience required to:
(i) perform
work processes of limited complexity (such as framework, concrete finishing, bitumening, soil mixing, potting) using equipment of
limited complexity (such as chainsaws, soil mixing and pasteurising equipment,
tractors, vehicles up to two tonnes, ride-on mowers, street sweepers) requiring
detailed training but not requiring special licences; and
(ii) communicate with supervisors and other employees; and/or
(iii) communicate non-technical information to the public.
Level 4
An employee assigned to a role established at Level 4
of this Award will:
(a) work under minimal supervision and therefore be required to
exercise independent judgement at a semi-trade level or in routine security or
law enforcement procedures; and
(b) have completed the TAFE Horticultural Skills 3 technical and
fundamental non-technical training modules, or be able to demonstrate
equivalent prior learning, and possess the special licences and basic
communication skills and other skills and relevant experience required to:
(i) perform work processes at semi-trade level (such as
construction, stone work, pesticide spraying, garden bed preparation); and/or
(ii) operate complex equipment requiring special licences or
certificates (such as trucks over two tonnes, front-end loaders); and/or
(iii) perform routine security or law enforcement procedures (such
as locking and unlocking of buildings, general ground patrol, cash escort); and
(iv) communicate with supervisors and other employees and to pass
on instructions to apprentices and/or to communicate non-technical information
to the public.
Level 5
An employee assigned to a role established at Level 5
of this Award will:
(a) work under
minimal supervision and therefore be required to exercise independent judgement
at trade level, or have the ability to undertake management of a stores area,
or in routine security or law enforcement procedures; and
(b) have a
recognised horticultural trades certificate or equivalent and have completed
the transitional non-technical training modules, or be able to demonstrate
equivalent prior learning and possess the relevant licences, or have
demonstrated experience in stock control, purchasing procedures and management
of government stores, so that they have the developed communication and
interpretation skills and other skills and relevant experience required to:
(i) perform trade level horticultural duties; and/or
(ii) maintain security or law enforcement in low risk areas;
and/or
(iii) manage a store of a park or garden; and/or
(iv) perform visitor service duties; and/or
(v) supervise apprentices and volunteers; and
(vi) communicate with supervisors and other employees; and/or
(vii) assist in conducting a guided tour; and/or
(viii) communicate semi-technical information to the public.
Level 6
The occupant of a role established at Level 6 of this
Award will:
(a) Work under
minimal supervision and therefore be required to exercise independent judgement
at an advanced trade level and exercise initiative with regard to matters of
minor complexity; and
(b) Have a
recognised horticultural or carpentry trades certificate or equivalent and have
completed the transitional non-technical training modules, or be able to
demonstrate equivalent prior learning, so that they have the developed
communication skills, interpretation skills and other skills and relevant
experience required to:
(i) Perform
advanced trade level horticultural duties (such as development of botanical
collections including detailed plant recording and documentation, field
collection); or
(ii) Implement
conditions of entry and liaise with relevant outside bodies where the safety of
people or property is at risk; and/or
(iii) Supervise
apprentices, volunteers and/or other employees; and
(iv) Communicate
with supervisors and other employees; and/or
(v) Conduct a
guided tour; and/or
(vi) Communicate
semi-technical information and specific property interpretation to the public.
Level 7
An employee assigned to a role established at Level 7
of this Award will:
(a) work
independently on assigned specialist work and/or lead a small work team on
assigned work and therefore be required to exercise independent judgement and
to be accountable for work performance; and
(b) have a recognised horticultural trades certificate and have
completed the intermediate non-technical training modules, or be able to
demonstrate equivalent prior learning, so that they have the skills and
relevant supervisory experience required to:
(i) manage
a small specialist plant collection or work area (specialising in fields such
as security or law enforcement procedures, interpretation, or recreation
planning, management of a store of a large park or garden) as an individual or
as the team leader of a small team of employees (normally less than 6
employees) supervising and training employees; and
(ii) be accountable for completion of work to agreed standards;
and/or
(iii) solve technical problems of limited complexity; and
(iv) document and communicate technical data and information to
other employees and/or the public;
(v) participate in the development of tours or talks in
conjunction with other relevant employees;
(vi) present tours or talks to the public and/or specialist
groups.
Level 8
An employee assigned to a role established at Level 8
of this Award will:
(a) work
independently on assigned specialist work and/or lead a work team on assigned
work and therefore be required to exercise independent judgement and to be
accountable for work performance; and
(b) have a recognised horticultural trades certificate and have
completed the intermediate non-technical training modules, or be able to
demonstrate equivalent prior learning, or have demonstrated experience in
running a store of a large park or garden, so that they have the skills and
relevant supervisory experience required to:
(i) manage
a specialist garden or work area (specialising in fields such as security or
law enforcement, interpretation, or recreation planning, manage a store in a
large park or garden) as an individual or as the leader of a team of employees
(normally more than 5 employees) supervising and training employees; and
(ii) be accountable for completion of work to agreed standards
and/or
(iii) solve technical problems of some complexity; and
(iv) develop and present tours or talks as a representative of
the organisation; and
(v) document and communicate technical data and information to
fellow employees and/or the public.
Level 9
An employee assigned to a role established at Level 9
of this Award will:
(a) work
independently on assigned specialist work programs or projects or manage a
small number (normally up to four) of work teams; and
(b) exercise independent judgement in areas of management and/or
technical expertise; and
(c) have a recognised horticultural trades certificate (or a
recognised qualification such as interpretation or recreation planning or
security) and have completed the advanced non-technical training modules, or be
able to demonstrate equivalent prior learning, so that they have the high level
of technical and/or organisational and project co-ordination and well developed
supervisory skills and relevant experience required to:
(i) manage works programs or projects; and
(ii) supervise employees; and
(iii) be accountable for completion of work to agreed standards,
time frames and budgets; and
(iv) provide advice on technical matters and/or communicate
technical information to the public; and fellow employees; and.
(v) develop and present specialist tours, talks or programs for
the public and/or for outside groups/organisations.
Level 10
An employee assigned to a role established at Level 10
of this Award will:
(a) work independently on assigned specialist work programs or
projects or manage several (normally up to five or more) work teams; and
(b) exercise independent judgement in areas of management and/or
technical expertise; and
(c) have a recognised horticultural trades certificate or
equivalent (or a recognised qualification such as interpretation or recreation
planning or security) and have completed the advanced non-technical training
modules, or be able to demonstrate equivalent prior learning, so that they have
the high level technical, organisational and project co-ordination and well
developed supervisory skills required to:
(i) manage works programs or projects; and
(ii) supervise employees; and
(iii) be accountable for completion of work of technical
complexity to agreed standards, time frames and budgets; and
(iv) provide advice on technical matters and/or communicate
technical information to the public, fellow employees and outside specialist
bodies.
Level 11
An employee assigned to a role established at Level 11
of this Award will:
(a) work independently developing and implementing specialist
projects or programs and/or manage a number of specialists or work teams; and
(b) exercise independent judgement in areas of management and/or
technical expertise; and
(c) have a
recognised horticultural trades certificate or equivalent (or a recognised
qualification, such as interpretation or recreation planning or security) and
have completed the advanced non-technical training modules, or be able to
demonstrate equivalent prior learning, so that they have the high level
technical skills and knowledge and high level works organisation and management
skills and relevant experience required to:
(i) manage major projects or programs, developing and co-ordinating
works programs and schedules; and
(ii) supervise employees; and
(iii) be accountable for meeting agreed standards, time frames and
budgets; and
(iv) provide advice on technical matters and/or communicate
technical information to the public, peers, other employees and outside
specialist bodies.
6. Progression
6.1 Appointment to a
vacant role, other than progression through broad-banded roles, shall be by
merit selection.
6.2 Progression
through levels where there are broad-banded roles established within Levels 2
to 11, shall be subject to satisfactory conduct and performance and the
employee acquiring the skills and demonstrating the ability to perform the
tasks defined for the next level and where those tasks are required to be
performed.
6.3 The assessment
of the suitability of an employee to progress to the next level within an
established broad banded role shall normally be undertaken one month prior to
the anniversary of the employee's assignment to Year 2 salary rate of their
current level. The employee may also make application for progression at any
other time at the discretion of the Executive Director. The initial assessment
shall be made by the employee’s supervisor and forwarded to the Executive
Director or another member of the Executive for approval.
6.4 Progression from
Year 1 to Year 2 within levels shall be by way of an annual increment. It is subject to satisfactory conduct and
performance, as certified by the employee's supervisor and approval by the
Executive Director or the Executive Director's nominee. The assessment of the
employee's suitability for incremental progression shall normally be undertaken
one month prior to the anniversary of their assignment to their current level.
The employee must be promptly notified in writing by the Executive Director or
the Executive Director's nominee of any decision to defer payment of an
increment.
6.5 An employee
shall have the right of internal appeal to the Executive Director on
progression matters through the established grievance procedures as set out in
Clause 7 - Appeals Mechanism.
6.6 Nothing in this
clause shall preclude an employee from exercising their right of an external
appeal to the NSW Industrial Relations Commission.
7. Appeals Mechanism
7.1 An employee of
Sydney Living Museums shall have the right to appeal any decision made by their
Agency in relation to their performance assessment review or in relation to
promotion on merit from one level to another where this is available under the
provision of this Award.
7.2 An employee
shall submit a written submission outlining their case to the Executive
Director within twenty-eight (28) days of the decision being appealed.
7.3 The Executive
Director shall constitute an Appeals committee made up of one (1) management representative,
one (1) relevant Public Service Association representative and one (1) peer who
is acceptable to both Management and the Association.
7.4 The appeal shall
be heard within twenty-eight (28) days of it being lodged and the
recommendation of the committee shall be forwarded to the Executive Director.
7.5 The decision of
the Executive Director shall be forwarded to the employee concerned within
seven (7) days of the appeal being heard.
7.6 The appeals
mechanism shall not cover matters that are dealt with by the NSW Industrial
Relations Commission.
8. Grievance and
Dispute Handing Procedures
8.1 The aim of this
Procedure is to ensure that, during the life of this Award, industrial
grievances or disputes are prevented, or resolved as quickly as possible, at
the level at which they occur in the workplace.
For the purpose of this Procedure, industrial grievances are
distinguished from a grievance dealt with under public sector grievance
handling procedure (e.g. complaints or discrimination).
8.2 In the first
instance, the employee/employees will notify (in writing or otherwise) the
immediate supervisor, or other appropriate person, as to the substance of the
grievance/dispute, request a bilateral meeting to discuss it, and state the
remedy sought.
8.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes
it impractical for the employee to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Executive Director or delegate.
8.4 The immediate
supervisor, or other appropriate employee shall convene a meeting in order to
resolve the grievance/dispute within 48 hours (two (2) working days), or as
soon as practicable, of the matter being brought to attention.
8.5 If the matter
remains unresolved, the matter shall be further discussed by the
employee/employees and, at their request, the appropriate union delegate, the
immediate supervisor, the supervisor's manager, and a more senior management
representative. This should take place within 48 hours of the completion of
step 8.4
8.6 If the matter
remains unresolved and the employee/employees is/are union members, it should
be discussed/ negotiated between representatives of the State Branch of the
union(s) concerned, and relevant senior management of the employer. These
actions should take place as soon as it is apparent that the earlier discussions
will not resolve the grievance/dispute. In addition, in the case of a
grievance, if the matter has not been resolved at the conclusion of this stage
of discussions, the employer must provide a written response to the grievance,
including reasons for not implementing any proposed remedy.
8.7 A matter
relating to the conditions of employment fixed by this Award may be submitted
by one or the other of the parties when all other steps 8.2 to 8.5 above, have
been exhausted, to the relevant industrial tribunal which may exercise its
functions under the Industrial Relations
Act 1996.
8.8 Where the issue
in dispute relates to a change of work or management practice, the pre-existing
practice shall be allowed to continue until the issue has been finally
resolved. Neither party shall be prejudiced as to the final settlement by the
continuance of work in accordance with this sub-clause.
9. Anti-Discrimination
9.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a carer.
9.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award, which by its terms or operation, has a direct
or indirect discriminatory effect.
9.3 Under the Anti-Discrimination Act 1977 it is
unlawful to victimise an employee because they have made or may make or have
been involved in a complaint of unlawful discrimination or harassment.
9.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under
21 years of age;
(c) any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful
discrimination in any State or federal jurisdiction.
9.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
9.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
9.7 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."
10. Deduction of Union
Membership Fees
(a) The Association
shall provide the Trust with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the
Association's rules.
(b) The Association
shall advise the Trust 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 Trust at least one
month in advance of the variation taking effect.
(c) Subject to (a)
and (b) above, the Trust 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
Trust to make such deductions.
(d) 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' union membership accounts.
(e) Unless other
arrangements are agreed to by the Association and the Association, all union
membership fees shall be deducted on a fortnightly basis.
(f) Where an
employee has already authorised the deduction of union membership fees from
their 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.
11. Consultative
Committee
11.1 The Sydney Living
Museums’ Employee and Management Participation and Advisory Committee and the
Joint Consultative Committee (JCC) shall be used to monitor the implementation
of this Award.
11.2 The Employee and
Management Participation and Advisory Committee consists of, amongst other
employees and management representatives, a representative of senior management
and the Association delegate.
12. Area, Incidence
and Duration
12.1 This Award shall
apply to Horticultural and Trades employees of the Sydney Living Museums in the
Department of Premier and Cabinet.
12.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees Sydney Living Museums (Gardens -
Horticulture and Trades Employees) Award 2016 published 21 October 2016 (380 I.G. 1534), as varied.
12.3 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 22 August 2019.
12.4 This 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 first pay period
commencing on or after 1 July 2019.
Horticultural/Trades
Officer
|
Existing Rates of
Pay as at01.07.2018
|
Rates of Pay as at
the first full pay period on or after 01.07.19
|
|
Per Annum
|
Per Annum
|
|
2.5%
|
2.5%
|
|
$
|
$
|
Level One
|
46,401
|
47,561
|
Level Two Year 1
|
51,522
|
52,810
|
Level Two Year thereafter
|
52,882
|
54,204
|
|
|
|
Level Three Year 1
|
54,775
|
56,144
|
Level Three Year thereafter
|
56,726
|
58,144
|
|
|
|
Level Four Year 1
|
58,803
|
60,273
|
Level Four Year thereafter
|
60,574
|
62,088
|
|
|
|
Level Five Year 1
|
62,717
|
64,285
|
Level Five Year thereafter
|
64,393
|
66,003
|
|
|
|
Level Six Year 1
|
66,198
|
67,853
|
Level Six Year thereafter
|
68,032
|
69,733
|
|
|
|
Level Seven Year 1
|
69,962
|
71,711
|
Level Seven Year thereafter
|
72,054
|
73,855
|
|
|
|
Level Eight Year 1
|
74,333
|
76,191
|
Level Eight Year thereafter
|
77,363
|
79,297
|
|
|
|
Level Nine Year 1
|
80,396
|
82,406
|
Level Nine Year thereafter
|
83,450
|
85,488
|
Level Ten Year 1
|
86,033
|
88,184
|
Level Ten Year thereafter
|
88,450
|
90,661
|
|
|
|
Level Eleven Year 1
|
95,736
|
98,129
|
Level Eleven Year thereafter
|
101,684
|
104,226
|
Apprentice Gardeners shall be paid a percentage of the
rate of pay applicable to Level Five, year 1:
Year One
|
=
|
45%
|
Year Two
|
=
|
60%
|
Year Three
|
=
|
75%
|
Year Four
|
=
|
85%
|
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.