Crown Employees (Office of the NSW Food Authority - Food Safety Officers) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 716 of 2008)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.       Subject Matter

 

1.        Title

2.        Parties to the Award

3.        Definitions

4.        Coverage

5.        Statement of Intent

6.        Grading and Evaluation of Positions

7.        Scope of Employment

8.        Savings of Rights

9.        Salaries

10.      Conditions of Employment - General

11.      Appointment

12.      Salary Progression

13.      Performance and Competency Standard Development

14.      Competency Assessment Panel

15.      Appeals

16.      Higher Duties Allowance

17.      Home Office Allowance

18.      Garage and Carport Allowance

19.      Hours of Duty

20.      Overtime

21.      Travelling Allowances

22.      On-Call Allowance

23.      Consultative Arrangements

24.      Multi-Skilling

25.      Grievance and Dispute Settling Procedures

26.      Anti-Discrimination

27.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Schedule 1 - Food Safety Officer - Progression Requirements

 

1.  Title

 

This award shall be known as the Crown Employees (Office of the NSW Food Authority - Food Safety Officers) Award.

 

2.  Parties to the Award

 

The parties to this award are the Director of Public Employment and the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

3.  Definitions

 

(a)      "Act" means - the Public Sector Employment and Management Act 2002.

 

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

 

(c)      "Code of Practice" means - requirements and guidelines to ensure a premises or activity complies with statutory requirements.

 

(d)      "Compliance, Investigation & Enforcement Branch" means - a Branch of the NSW Food Authority consisting of the Enforcement, Audit & Compliance and Foodborne Illness Investigation Units. 

 

(e)      "DPE" means - the Director of Public Employment, as established under the Public Sector Employment and Management Act 2002.

 

(f)       "Director-General" means - the Director-General of the Office of the NSW Food Authority.

 

(g)      "Employee" means - a person employed on a temporary basis.

 

(h)      "HACCP" means - Hazard Analysis and Critical Control Point System - an international food safety management system.

 

(i)       "ISO" means - the International Standards Organisation.

 

(j)       "Job Evaluation" means - an accredited job evaluation system used to grade positions in NSW Food Authority.

 

(k)      "National Food Safety Standards" means - uniform food hygiene and safety regulations set out in the Food Standard Code to ensure a nationally consistent approach to food safety.

 

(l)       "NSW Food Authority" means - the Office of the NSW Food Authority as listed in Part 1 of Schedule 1 to the Public Sector Employment and Management Act 2002. The NSW Food Authority is established under the Food Act 2003 to:

 

(i)       ensure food for sale is both safe and suitable for human consumption,

 

(ii)      prevent misleading conduct ion connection with the sale of food, and

 

(iii)      enforce the provisions of the Food Act 2003 and also the Food Standards Code, as it applies in NSW.

 

(m)     "Normal Work", in respect of clause 26, Grievance and Dispute Settling Procedures, means - the duties and responsibilities contained in the position description of an officer, or officers, at the time a grievance, dispute or difficulty is notified within the Enforcement, Audit & Compliance, Foodborne Illness Investigation Programs and Science & Policy Units or within the NSW Food Authority.

 

(n)      "Officer" means - a person employed on a permanent full-time or permanent part-time basis.

 

(o)      "Position" means - a staff position as defined in Section 9 of the Act.

 

(p)      "Science & Policy Branch" means - a Branch of NSW Food Authority consisting of Programs, Policy, Science & Shellfish Units.

 

(q)      "Staff member" means - an officer or employee of NSW Food Authority Compliance, Investigation & Enforcement Branch and the Science & Policy Branch employed in the capacity of Food Safety Officer.

 

4.  Coverage

 

The provisions of this award shall apply to staff members employed in the Compliance, Investigation & Enforcement Branch and the Science & Policy Branch of NSW Food Authority in the capacity of Food Safety Officer.

 

5.  Statement of Intent

 

This award aims to achieve equity in salary and conditions between field staff of the former Meat, Dairy, and Seafood Branches of NSW Food Authority and facilitate recruitment and retention of Food Safety Officers.

 

6.  Grading and Evaluation of Positions

 

(a)      The grading of positions will be carried out in accordance with the NSW Food Authority job evaluation policy.

 

(b)      Positions will be graded and evaluated from time to time in the following circumstances:

 

(i)       Where the nature of the position is significantly changed or where a new position is created.

 

(ii)      Where a position falls vacant and the Director-General seeks to determine whether it is necessary to evaluate the position prior to advertising the vacancy.

 

(iii)      At the request of any party to this award, or an officer under the award, provided that the position(s) have not been reviewed for grading for at least (12) twelve months prior to the request.

 

7.  Scope of Employment

 

(a)      Employment will be either on a permanent full time or permanent part time basis.

 

(b)      Temporary employees may be employed from time to time should the need arise.

 

8.  Savings of Rights

 

No staff member of NSW Food Authority will suffer a reduction in his or her salary or any loss or diminution in his or her conditions of employment at the time of or as a consequence of the making of this award.

 

9.  Salaries

 

(a)      Staff members will be appointed to one of the grades outlined in Table 1 of Part B, Monetary Rates of this award.

 

(b)      The rates of pay set out in Table 1 do not include payment for annual leave loading.

 

(c)      The salary rates set out in Table 1 will move in accordance with the Crown Employees (Public Sector - Salaries 2007) Award or any variation or replacement award.

 

(d)      Salary rates were increased by four per cent (4%) with effect from the beginning of the first pay period (FPP) to commence on or after 1 July 2007, in line with the Crown Employees (Public Sector - Salaries 2007) Award.

 

10.  Conditions of Employment - General

 

(a)      Except as otherwise provided in this award, the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 or replacement award will apply.

 

(b)      The following awards, agreements and determinations apply to staff covered by this award:

 

(i)       Crown Employees (Transferred Employees Compensation) Award.

 

(ii)      Transferred Officers (Excess Rent Assistance) Agreement No 2354 of 1981.

 

(c)      Conditions of employment other than those fixed by this award are determined by the Public Sector Employment and Management Act 2002, the Public Sector Employment and Management (General) Regulation 1996 and the New South Wales Government Personnel Handbook.

 

11.  Appointment

 

(a)      Positions will be graded using an accredited job evaluation system.

 

(b)      Except as provided in subclause (c) of this clause, staff members will be appointed to the first salary point in the grade of the position to which they are appointed.

 

(c)      The Director-General may appoint a person at a higher salary level within the grade. In determining commencing salary, regard will be had to:

 

(i)       the person’s skills, experience and qualifications,

 

(ii)      the rate required to attract the person, and

 

(iii)      the remuneration of existing staff performing similar work.

 

(d)      Except for deemed qualifications upon transition to the award in 2002, the essential qualifications for appointment to positions covered by this award will be:

 

(i)       A degree in Food Science or equivalent qualification (as determined by the Director-General) in respect of the Enforcement, Audit & Compliance, Foodborne Illness Investigation, Programs, Policy & Science Units; or

 

(ii)      A degree in Environmental Health, Aquatic or Animal Health or equivalent qualification (as determined by the Director-General) in respect of the Shellfish Unit.

 

12.  Salary Progression

 

There shall be 6 levels of Food Safety Officer, with salary levels as prescribed in Table 1.

 

(a)      Progression within each grade will be by annual increment, provided the supervisor is satisfied with the conduct and manner of performance of duties of the person concerned.

 

(b)      Incremental progression for all officers will be subject to a satisfactory performance report recommending progression.

 

(c)      The Director-General may approve the accelerated progression of an officer through the incremental scale for the position occupied by the officer, in accordance with assessments made through a performance management system.

 

(d)      There will be competency barriers for progression from Trainee Food Safety Officer (Food Safety Officer Grade 1) to Food Safety Officer (Food Safety Officer Grade 2), and from Food Safety Officer to Senior Food Safety Officer (Food Safety Officer Grade 3) in the Compliance, Investigation & Enforcement Branch and the Science & Policy Branch.

 

(e)      Appointment to a position above Food Safety Officer Grade 3 in Compliance, Investigation & Enforcement Branch and the Science & Policy Branch will be by way of competitive selection to an advertised vacancy.

 

13.  Performance and Competency Standard Development

 

(a)      The parties to this award will participate in ongoing discussions to further develop the staff members covered by the award and the performance of NSW Food Authority. The Director-General will provide training and work opportunities for staff development.

 

(b)      The parties will participate in:

 

(i)       Development and review of the NSW Food Authority Performance Management and Development System.

 

(ii)      Discussion and review of the qualifications, requirements and competencies detailed variously in clause 11, Appointment, clause 12, Salary Progression and Schedule 1 to this award to ensure that they conform with national food safety standards as they change and develop from time to time.  These discussions will continue as a matter of priority.

 

14.  Competency Assessment Panel

 

A Competency Assessment Panel will be formed consisting of the officers occupying the positions of Executive Director, Compliance, Investigation & Enforcement Branch, Manager, Audit & Compliance Unit and a Senior Technical Officer of the Science Unit.  The Panel will assess competency criteria of officers seeking progression from Trainee Food Safety Officer to Food Safety Officer or Food Safety Officer to Senior Food Safety Officer.

 

15.  Appeals

 

(a)      An officer, who fails to satisfy the requirements of the competencies for progression from Trainee Food Safety Officer to Food Safety Officer or Food Safety Officer to Senior Food Safety Officer, as determined by the Competency Assessment Panel, may appeal the decision of that panel.

 

(b)      The officer, following the decision of the competency assessment panel, may lodge an appeal in writing with the Director-General within ten (10) working days of the panel advising the officer of its decision. The appeal must set out the grounds for the appeal.

 

(c)      The Director-General shall convene an Assessment Appeals Panel within ten (10) working days of an appeal being lodged and advise the officer of the members of the panel.

 

(d)      The Assessment Appeals Panel shall allow the appellant to appear before it during its determination of the appeal if so requested by the appellant.

 

(e)      The Director-General shall advise the officer of the decision of the Assessment Appeals Panel within five (5) days of the appeal being heard.

 

16.  Higher Duties Allowance

 

(a)      Staff members directed to perform the duties of a higher position for more than five consecutive working days will be paid an allowance.

 

(b)      The allowance will be agreed following discussion with the staff member and will be a proportion of the difference between the staff member’s salary and the salary for the minimum rate of the higher position depending on the range of duties undertaken and the level of responsibility accepted.

 

17.  Home Office Allowance

 

The provisions of clause 45 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 shall apply.

 

18.  Garage and Carport Allowance

 

The provisions of clause 50 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 shall apply.

 

19.  Hours of Duty

 

The provisions of clause 11 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 shall apply.

 

20.  Overtime

 

(a)      A staff member may be directed by the Director-General to work overtime, provided it is reasonable for the staff member to be required to do so. A staff member may refuse to work additional hours in circumstances where the working of such hours would result in the staff member working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

(i)       the staff member’s prior commitments outside the workplace, particularly their family and carer responsibilities, community obligations or study arrangements;

 

(ii)      any risk to staff member health and safety,

 

(iii)      the flexibility of working hour arrangements having regard to the unusual requirements of this occupation and the clients of NSW Food Authority,

 

(iv)     the urgency of the work to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services,

 

(v)      the notice (if any) given by the Director-General regarding the working of overtime, and by the staff member of their intention to refuse overtime, or

 

(vi)     any other relevant matter.

 

(b)      Payment for overtime shall be made only where the staff member works directed overtime.

 

(c)      The Overtime provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 shall apply.

 

21.  Travelling Allowances

 

The provisions of clauses 26 and 29 to 35 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 shall apply.

 

22.  On-Call Allowance

 

(a)      A staff member shall be entitled to an on-call allowance when directed by the NSW Food Authority to be on call outside the staff member’s working hours, in line with the provisions of clause 93, On Call (Stand-by) and On Call Allowance of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

(b)      For a staff member who is on call and called out by the NSW Food Authority, the overtime provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 shall apply to the time worked.

 

(c)      Where work problems are resolved without travel to the place of work, whether on a weekday, weekend or public holiday, work performed shall be compensated at ordinary time for the time actually worked, calculated to the next 15 minutes.

 

23.  Consultative Arrangements

 

NSW Food Authority and the Association agree to continue consultation to ensure that the implementation of this award realises improvements in service delivery, productivity, efficiency and job satisfaction. The parties will consult on such issues as training and development, work environment, restructuring, job evaluation, performance management, succession planning, multi-skilling, and cross training in different food commodities.

 

24.  Multi-Skilling

 

The parties to the award recognise that multi-skilling is a condition of this award. The parties agree that Food Safety Officers will undertake training and development activities as provided by the NSW Food Authority from time to time.

 

25.  Grievance and Dispute Settling Procedures

 

(a)      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 NSW Food Authority, if required.

 

(b)      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.

 

(c)      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.

 

(d)      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.

 

(e)      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 (2) working days, or as soon as practicable. The staff member may pursue the sequence of reference to successive levels of management until the matter is referred to the Director-General.

 

(f)       The Director-General may refer the matter to the DPE for consideration.

 

(g)      If the matter remains unresolved, the Director-General 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.

 

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

 

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

 

(j)       The staff member, Association, NSW Food Authority 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.

 

(k)      Whilst the procedures outlined in subclauses (a) to (j) 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 staff member or member of the public.

 

26.  Anti-Discrimination

 

(a)      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.

 

(b)      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.

 

(c)      Under the Anti-Discrimination Act 1977, it is unlawful to victimise a staff member because the staff member has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(d)      Nothing in this clause is to be taken to affect:

 

(i)       Any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)      Offering or providing junior rates of pay to persons under 21 years of age;

 

(iii)      Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(iv)     A party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(e)      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 staff members may also be subject to Commonwealth anti-discrimination legislation.

 

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

 

"Nothing in this Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

27.  Area, Incidence and Duration

 

(a)      This award applies to staff members as defined in clause 3, Definitions of Part A of this award.

 

(b)      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (NSW Food Authority - Food Safety Officers) Award published 9 September 2005 (353 I.G. 635) and all variations thereof.

 

(c)      The changes made to the 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 Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 IG 359) take effect on and from 14 August 2008.

 

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

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

 

Schedule 1

 

Food Safety Officer - Progression Requirements

 

The current NSW Food Authority International Standards Organisation (ISO) system assesses and documents staff competencies. A Competency Assessment Panel will consider the following progression criteria in the Compliance, Investigation & Enforcement and the Science & Policy Branches.

 

The provisions of clauses 14 and 15 of this award will apply in relation to progression requirements.

 

Progression from Trainee Food Safety Officer (FSO 1) to Food Safety Officer (FSO 2):

 

(a)      Degree in Food Science or equivalent qualification (as determined by the Director-General) in respect of Compliance, Investigation & Enforcement Branch and the Science & Policy Branch,

 

(b)      Degree in Environmental Health, Aquatic or Animal Health or equivalent qualification (as determined by the Director-General) in respect of the Shellfish Unit.

 

(c)      Demonstrated knowledge of industry and technology and two or more years experience in one or more of the following areas: dairy farms, dairy processing, meat slaughter and boning, meat processing, shellfish harvest depuration and shucking, or seafood processing.

 

(d)      Working knowledge of relevant Codes of Practice, Acts and Regulations, and Procedure Manuals.

 

(e)      Demonstrated knowledge of NSW Food Authority licensing system.

 

(f)       Good written and verbal communication skills and ability to communicate at various levels to advise, guide, explain and motivate industry personnel.

 

(g)      Driver’s Licence.

 

(h)      Competence in the use of computers for preparation of reports and for electronic communication (word processing, Excel, Internet, e-mail, and, in respect of the Shellfish Unit, Access).

 

(i)       Demonstrated ability to conduct Food Safety and Quality System Audits and Inspections in respect of Compliance, Investigation and Enforcement Branch.

 

(j)       Demonstrated ability to design and implement environmental monitoring programs in shellfish harvesting areas in respect of the Shellfish Unit.

 

(k)      Completed Food Safety Auditor’s Course and meets auditor certification criteria in respect of Compliance, Investigation & Enforcement Branch.

 

(l)       Completed recognised training in one or more of the following areas in respect of the Shellfish Unit: geographic information systems (GIS), hydrology, depuration systems, epidemiology, marine algal biotoxins, virology or related disciplines.

 

(m)     Demonstrated capacity to organise time and work with minimal supervision.

 

(n)      Satisfactory completion of HACCP based training.

 

Progression from Food Safety Officer (FSO 2) to Senior Food Safety Officer (FSO 3):

 

(a)      High level of technical understanding of food safety issues.

 

(b)      Demonstrated knowledge of commodities in two or more food industries.

 

(c)      Detailed knowledge of Codes of Practice, Acts and Regulations and the intent of legislation.

 

(d)      Capacity to provide advice, training and education to industry and applicants.

 

(e)      High level of verbal and written communication skills.

 

(f)       Proven ability to provide comment or advice to NSW Food Authority on topical food safety issues.

 

(g)      Demonstrated ability to conduct investigations, collect evidence, conduct prosecutions, and gather information for reports.

 

(h)      Capacity to act as Lead Auditor in audits and make decisions on a range of technical matters in respect of Compliance, Investigation & Enforcement Branch.

 

(i)       Capacity to interpret results of environmental monitoring programs (microbiological, phytoplankton, heavy metal and pesticide) and make decisions on related technical issues in respect of the Shellfish Unit.

 

(j)       Ability to provide constructive advice and guidance to Trainee Food Safety Officers and Food Safety Officers in a team environment.

 

 

 

D.W. RITCHIE, Commissioner

 

 

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