Crown
Employees (Senior Officers Salaries) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 580 of 2007)
Before The Honourable
Mr Deputy President Harrison
|
31 July 2007
|
REVIEWED
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Salary
Packaging Arrangements
5. Grievance
and Dispute Settling Procedure
6. Savings of
Rights
7. Anti-Discrimination
8. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
1. Title
This Award shall be known as the Crown Employees (Senior
Officers Salaries) Award 2007.
2. Definitions
"Act" shall mean the Public Sector Employment
and Management Act 2002.
"Award" shall mean this Crown Employees (Senior
Officers Salaries) Award 2007.
"Association" shall mean the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales.
"Officer" means and includes all persons
permanently or temporarily employed under the provisions of the Public
Sector Employment and Management Act 2002, or other appropriate Acts, and
who, as at the operative date of this Award were occupying one of the positions
covered by this Award or who, after that date, are appointed to or employed in
one such position.
"Director of Employment" or "DPE" means
the Director of Public Employment, as established under the Public Sector
Employment and Management Act 2002.
3. Salaries
(i) All officers
will be paid in accordance with the salary structure as set out in Table 1 -
Salaries, of Part B, Monetary Rates.
(ii) Pay movements
within each grade will be incremental (12 months) subject to satisfactory conduct
and service.
(iii) There is to
be no broadbanding of grades.
4. Salary Packaging Arrangements, Including
Salary Sacrifice to Superannuation
An officer may elect, subject to the agreement of the Department or
agency, to enter into a Salary Packaging Arrangement in accordance with the
provisions of Clause 5 of the Crown Employees (Public Sector - Salaries 2007)
Award or any variation or replacement Award.
5. 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) An officer 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 officer 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 officer 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 officer 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
officer 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) An officer, at
any stage, may request to be represented by the Association.
(ix) The officer 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 officer,
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 officer or member
of the public.
6. Savings of Rights
(i) At the time
of the making of this Award, no officer covered by this Award will suffer a
reduction in his or her rate of pay or any loss or diminution in his or her
conditions of employment as a consequence of the making of this Award.
(ii) Should there
be a variation to the and Crown Employees (Public Sector - Salaries 2007) Award
or an Award replacing that Award, Senior Officers will maintain the same salary
relationship to the rest of the public service. Any such salary increase will be reflected in this Award either
by variation to it, or by the making of a new Award.
7.
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 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:
"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."
8. Area, Incidence
and Duration
(i) This award
shall apply to all Senior Officers of the New South Wales Public Service.
(ii) Officers are
entitled to the conditions of employment provided by this award and by the Public
Sector Employment and Management Act 2002 and the Public Sector Employment
and Management (General) Regulation 1996.
The provisions of the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2006 and Crown Employees (Public Sector - Salaries
2007) Award or any replacement awards, also apply to officers covered by this
award, except where specifically varied by this award.
(iii) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Senior Officers Salaries
2004) Award published 11 March 2005 (349 I.G. 103) 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.
PART B
MONETARY RATES
Table 1 - Salaries
Senior Officer Classification
Classifications
and Grades
|
First
pay period to commence
|
|
on
or after 1/7/07
|
|
Per
Annum
|
|
$
|
Grade
1
|
|
Year
1
|
118,519
|
Year
2
|
127,708
|
Grade
2
|
|
Year
1
|
129,868
|
Year
2
|
139,025
|
Grade
3
|
|
Year
1
|
143,678
|
Year
2
|
157,716
|
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.