PARLIAMENTARY REPORTING STAFF (SALARIES) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Media,
Entertainment and Arts Alliance New South Wales, industrial organisation of
employees.
(No. IRC 2439 of 2005)
|
Before The Honourable
Justice Schmidt
|
30 May 2005
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Area,
Incidence and Duration
3. Classifications
and Salaries, Adjustment to Rates of Pay
4. All
Incidence of Employment Allowance
5. Hours of
Work and Overtime
6. Leave
Entitlements
7. Family
and Community Service Leave, Personal/Carer’s Leave and Flexible Use of other
Leave Entitlements.
8. Saving of
Rights
9. No Extra
Claims
10. Anti
Discrimination
11. Dispute
Avoidance and Settling Procedures
PART B
Monetary Rates
Table 1 Salaries
Table 2 All Incidence of Employment Allowance
2. Area, Incidence
and Duration
(a) This award
shall apply to the employees employed in the classifications specified in
clause 3 Classification and Salaries.
(b) This award
commences on 13th May 2005 being the date of lodgement of an application for
the award and remains in force until July 2007.
(c) This award
rescinds and replaces the Parliamentary Reporting Staff (Salaries 2004) Award
published 5 November 2004 (347 IG 164), reviewed award by Senior Deputy
President Harrison 22nd June 2004.
3. Classification and
Salaries, Adjustments to Rates of Pay
(a) The
classification of positions covered by this award are specified in Table 1 -
Salaries of Part B Monetary Rates.
(b) The minimum
salary for employees shall be as set out in Table 1 - Salaries, of Part B,
Monetary Rates.
(c) The payment of
increments under the scale of salaries specified in Table 1 shall be subject to
satisfactory performance and the approval of the Editor of Debates.
Adjustments to Rates of Pay
(d) The rates of
pay and allowances in Part B Monetary Rates will be adjusted in line with any
increases in the salaries of the Crown Employees (Public Sector Salaries 2004)
Award or replacement awards, subject to;
(i) the Alliance
and Presiding Officers agree in writing to accept and implement any conditions
included in any framework, memorandum of understanding, or other conditions
agreed between the Public Service Association and Public Employment Office that
is a consideration for the salary increases in any replacement to the Crown
Employees (Public Sector Salaries 2004) Award.
4. All Incidence of
Employment Allowance
In addition to the salary rates prescribed in clause 3 Classifications
and salaries, employees shall be paid an all incidence of employment allowance
as set out in Table 2 - All Incidence of Employment Allowance of Part B
Monetary Rates. This allowance is in respect of all incidents of employment in
recognition of the special features of Hansard work notably the long hours
worked in sitting periods, the level of skills required to be exercised under
sometimes extreme difficulties and the stress and pressure placed on the
Hansard staff during sitting periods through the requirements of the
Parliament. The allowance is to be treated as salary for all purposes. Hansard staff shall, in non-sitting periods,
be required to attend for duty each day unless on approved leave or deemed not
required at the discretion of the Editor of Debates.
5. Hours of Work
(a) The working
hours of staff and the manner of their recording, shall be as determined from
time to time by the Editor of Debates.
(b) Reporting
staff shall, in non-sitting periods, be required to attend for duty each day
unless on approved leave or deemed not required at the discretion of the Editor
of Debates.
(c) The Editor of
Debates may require a staff member to perform extended hours of duty associated
with the sittings of the Houses of Parliament and their Committees, but only if
it is reasonable for the staff member to be required to do so. In determining
what is reasonable, the staff member’s prior commitments outside the workplace,
particularly the staff member’s family responsibilities, community obligations
or study arrangements shall be taken into account. Consideration shall be given
also to the urgency of the work required to be performed during extended
periods of work, the impact on the operational commitments of the organisation
and the effect on client services.
(d) The Editor of
Debates shall ensure that all staff members employed in the department are
informed of the hours of duty required to be worked and of their rights and
responsibilities in respect of such hours of duty.
6. Leave Entitlements
(a) Annual Leave -
Reporting staff shall accrue 30 days annual leave each 12 months of service.
(b) All Reporting
Staff working under job-share arrangements are eligible to the leave
entitlements which will accrue on a pro-rata basis.
(c) An amount of
leave may be taken, on or pro-rata basis, within the first 12 months of service
and during each 12 months of service thereafter, where a sufficient amount of
leave has been accrued up to the date upon which the leave is to be taken.
7. Family and Community
Service Leave, Personal/Carer’s Leave and Flexible Use of Other Leave
Entitlements
7.1 Definitions
The definition of "family" and
"relative" for these purposes is the same as that provided in the
Standard Clause of the State Personal/Carer's Leave Case (30 August 1996). The
person who needs the employee's care and support is referred to as the
"person concerned" and is:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
1. 'relative'
means - person related to blood, marriage or affinity;
2. 'affinity'
means - relationship that one spouse because of marriage has to blood relatives
of the other; and
3. 'household'
means - a family group living in the same domestic dwelling.
7.2 Family and
Community Service Leave - general
(a) The Editor of
Debates may grant family and community service leave to an employee:
(1) for reasons
related to the family responsibilities of the employee, or
(2) for reasons
related to the performance of community service by the employee, or
(3) in a case of
pressing necessity.
(b) Family and
Community Service Leave replaces Short Leave.
(c) An employee is
not to be granted family and community service leave for attendance at court to
answer a criminal charge, unless the Editor of Debates approves the grant of
leave in the particular case.
7.3 Family and
Community Service Leave - entitlement.
(a) The maximum
amount of family and community service leave on full pay that may be granted to
an employee is:
(1) 2.5 working
days during the first year of service and 5 working days in any period of 2
years after the first year of service, or
(2) 1 working day
for each year of service after 2 years' continuous service, minus any period of
family and community service leave already taken by the employee,
whichever is the greater period.
(b) Family and
Community Service Leave is available to part-time employees on a pro rata
basis, based on the number of hours worked.
(c) Where family
and community service leave has been exhausted, additional paid family and
community service leave of up to 2 days may be granted on a discreet, 'per
occasion' basis to an employee on the death of a person as defined in Clause
7.1 Definitions above.
7.4 Use of sick
leave to care for a sick dependant - general
When family and community service leave, as outlined in
subclause 7.3 above, is exhausted, the sick leave provisions under subclause
7.5 may be used by an employee to care for a sick dependant.
7.5 Use of sick
leave to care for a sick dependant - entitlement
(a) The
entitlement to use sick leave in accordance with this clause is subject to:
(i) the employee
being responsible for the care and support of the person concerned, and
(ii) the person
concerned being as defined in subclause 7.1 Definitions of this clause.
(b) An employee
with responsibilities in relation to a person who needs their care and support
shall be entitled to use sick leave available from that year's annual sick
leave entitlement minus any sick leave taken from that year's entitlement to
provide care and support for such persons when they are ill.
(c) Sick leave
accumulates from year to year. In addition to the current year's grant of sick
leave available under 7.5 (b) above, sick leave accrued from the previous 3
years may also be accessed by an employee with responsibilities in relation to
a person who needs their care and support.
(d) The Editor of
Debates may, in special circumstances, make a grant of additional sick leave.
This grant can only be taken from sick leave accrued prior to the period
referred to in subclause 7.5(c) above.
(e) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such to require care by another person.
(f) The employee
has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or
statutory declaration.
(g) The employee
is not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration.
(h) The employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(i) In normal
circumstances, the employee must not take leave under this subclause where
another person has taken leave to care for the same person.
7.6 Time Off in
Lieu of Payment for Overtime
There is no provision for time off in lieu of overtime
as clause 4, All incidence of Employment Allowance replaces payment for
overtime with an annual allowance prescribed in this award.
7.7 Use of make-up
time
(a) An employee
may elect, with the consent of the employer, to work "make-up time".
"Make-up time" is worked when the employee takes time off during
ordinary hours for family or community service responsibilities, and works
those hours at a later time, during the spread of ordinary hours, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off during ordinary hours for
family or community service responsibilities and works those hours at a later
time) at the shift work rate which would have been applicable to the hours
taken off.
7.8 Use of other
leave entitlements
The Editor of Debates may grant an employee other leave
entitlements for reasons related to family responsibilities, or community
service by, the employee. An employee may elect, with the consent of the
employer, to take:
(a) recreation
leave;
(b) extended
leave; and
(c) leave without
pay.
7.9 Grievance and
dispute handling process
In the event of any grievance or dispute arising in
connection with any part of the provisions of this determination, such a
grievance or dispute shall be processed in accordance with the grievance and
dispute handling provisions in clause 11 of this award.
8. Saving of Rights
At the time of the making of this award, no employee covered
by this award will suffer a reduction in his or her rate of pay or loss or
diminution in his or her conditions of employment as a consequence of the
making of this award.
9. No Extra Claims
(a) This Award
provides pay increases of 4% with effect from the date of making the
application of this award plus a further 4% the first pay period to commence on
or after the 1 July 2005, and a further 4% with effect from the first pay
period on or after 1 January 2006. These increases are provided arising from
the agreement of the parties as contained in the Memorandum of Understanding
between the Presiding Officers of the Parliament of New South Wales and the
Media Entertainment and Arts Alliance entered into on 21st March 2005.
(b) The pay rates
increases provided by this Award are premised on the basis that there shall be
no further salary claims during the term of the Award.
10. 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 carer’s responsibilities.
(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
11. Dispute Avoidance
and Settling Procedures
While the steps in the procedure are being followed, normal
working arrangements are to continue. However, if because of the nature of a
grievance or dispute it is not possible to maintain normal working arrangements
while the procedure is being followed, the Clerks may authorise alternative
working arrangements.
Step 1
The employee(s) should advise their supervisor as to the
nature of the grievance or dispute, request a meeting to discuss it and state
the remedy sought. Where possible, the
grievance or dispute should be given to the supervisor in writing.
The supervisor and employee(s) should meet within three
working days of the grievance or dispute being lodged, in an attempt to resolve
the matter.
If the grievance or dispute is not resolved, proceed to Step
2.
Step 2
A meeting should be held between the employee(s) and, at
their request, a union workplace delegate and the Editor of Debates. This
meeting should be held within five working days of the conclusion of Step 1.
If the grievance or dispute in not resolved, proceed to step
3.
Step 3
A meeting should be held between the employee(s) and, at
their request, a union workplace delegate and paid union official, and the
Editor of Debates and one or both Clerks and/or their representatives. The
meeting should be held within five working days of the completion of Step 2.
If the grievance is not resolved at this stage, the Clerks will
provide a written response to the employee(s) who lodged the grievance or
dispute. The response will give reasons
why any proposed remedy has not been agreed to or implemented.
If the grievance or dispute is not resolved, proceed to Step
4.
Step 4
If the parties agree, the grievance or dispute may be
referred to an independent mediator or arbitrator. At this stage, both parties have the right to refer the matter to
the Industrial Relations Commission of New South Wales.
PART B
Monetary Rates
Table 1 Salaries
|
Classification
|
06.05.2005
|
01.07.2005
|
01.07.2006
|
|
|
$
|
$
|
$
|
|
Reporter
|
|
|
|
|
1st year of service
|
61148
|
63594
|
66138
|
|
2nd year of service
|
63605
|
66149
|
68795
|
|
3rd year of service
|
66951
|
69629
|
72414
|
|
4th year of
service
|
69722
|
72511
|
75411
|
|
5th year of service
|
71727
|
74596
|
77580
|
|
Senior Reporter
|
73856
|
76810
|
79882
|
|
Sub Editor
|
79562
|
82744
|
86054
|
|
Senior Sub Editor
|
84302
|
87674
|
91181
|
|
Deputy Editor
|
89492
|
93072
|
96795
|
Table 2 - All Incidence of Employment Allowance- All
Classifications
|
06.05.2005
|
01.07.2005
|
01.07.2006
|
|
$
|
$
|
$
|
|
12330
|
12823
|
13336
|
M. SCHMIDT J.
____________________
Printed by
the authority of the Industrial Registrar.