Crown
Employees (Aboriginal Housing Office) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1690 of 2007)
Before Commissioner
Ritchie
|
18 December 2007
|
REVIEWED
AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Definitions
3. Statement
of Intent
4. Work
Environment
5. Anti-Discrimination
6. Grievance
and Dispute Resolution Procedures
7. Classifications
and Salary Structures
8. Working
Hours
9. Leave
10. Travel
Passes
11. Deduction
of Association Membership Fees
12. Review
Clause
13. Area,
Incidence and Duration
1. Title
This award will be known as the Crown Employees (Aboriginal
Housing Office) Award 2007.
2. Definitions
"Chief Executive Officer" means the Chief
Executive Officer of the Aboriginal Housing Office.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Employees" means all those persons who are
permanently or temporarily employed under the Public Sector Employment and
Management Act 2002 and who are employed in a classification under this
award, except officers employed in the Senior Executive Service.
3. Statement of
Intent
3.1 This award
aims to provide appropriate, flexible workplace conditions within the
Aboriginal Housing Office (AHO) to ensure that the AHO can:
operate in accord with the provisions of the Aboriginal
Housing Act 1998;
provide its services efficiently and effectively to
meet the diverse interests and needs of its clients and stakeholders; and
ensure that the professionalism, dedication and
commitment of management and employees are recognised and valued.
In addition, this award is intended to facilitate and
support the employment of Aboriginal people within the AHO.
3.2 This Award
should be read in conjunction with the Memorandum of Understanding between the
AHO and the Association dated February 2000.
3.3 The Parties to
this Award are:
The Director of Public Employment and Chief Executive
Officer of the Aboriginal Housing Office, and
The Association on behalf of the employees of the
Aboriginal Housing Office.
4. Work Environment
4.1 The AHO will
meet its responsibilities with respect to the occupational health and safety of
AHO employees in accordance with the Occupational Health and Safety Act
2000 and its associated regulations.
4.2 The AHO is
committed to equality of opportunity in employment and will seek to ensure that
this commitment is reflected in all its operations, within the framework of its
policy of seeking to maximise the sustainable employment of Aboriginal people
both within the AHO and within the Aboriginal housing sector.
4.3 The AHO will
require management and employees to meet their responsibilities under the Anti-Discrimination
Act 1977 to ensure that the AHO is a workplace free from harassment on the
grounds of sex, race, marital status, physical or mental disability, sexual
preference, transgender, age or responsibilities as a carer.
5.
Anti-Discrimination
5.1 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.
5.2 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 that, by its terms or operation, has a direct or indirect
discriminatory effect.
5.3 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.
5.4 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.
5.5 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.
5.6 (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 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."
6. Grievance and
Dispute Resolution Procedures
6.1 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.
6.2 An employee 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.
6.3 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 Department
Head or delegate.
6.4 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.
6.5 If the matter
remains unresolved with the immediate manager, the employee 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 employee may pursue
the sequence of reference to successive levels of management until the matter
is referred to the Department Head.
6.6 The Department
Head may refer the matter to the Director of Public Employment for consideration.
6.7 If the matter
remains unresolved, the Department Head shall provide a written response to the
employee 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.
6.8 An employee,
at any stage, may request to be represented by the Association.
6.9 The employee
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.
6.10 The employee,
Association, department and Director of Public Employment shall agree to be
bound by any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
6.11 Whilst the
procedures outlined in subclauses 6.1 to 6.10 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
employee or member of the public.
At any stage of this process either party may request
that the situation be referred to an independent mediator. Aboriginal employees have the right to have
the matter referred to an Aboriginal mediator if they request this.
7. Classifications
and Salary Structures
7.1 All AHO
employees will be paid in accordance with the salary structures set out in the
Crown Employees (Administrative and Clerical Officers - Salaries) Award 2007
and/or the Crown Employees (Public Sector - Salaries 2007) Award or their
successors.
7.2 AHO trainees
will be paid at the levels of salary established by the Clerks General Scale
set out in the Crown Employees (Administrative and Clerical Officers -
Salaries) Award 2007 or its successors, with previous years of paid employment
determining the salary up to a maximum of ten years.
7.3 At the time of
making this award, all employees are classified as Clerks. However, individual positions (and hence the
employees occupying those positions) will have a title which reflects the role
and functions of the position and which is meaningful to AHO clients and
stakeholders.
7.4 Incremental
progression for all employees will be subject to a satisfactory performance
report recommending progression.
8. Working Hours
8.1 Normal
business hours of the AHO will be 8.45 am to 5.00 pm.
8.2 Normal
contract hours for employees are 35 hours per week, Monday to Friday.
8.3 The following
provisions shall be read and applied in conjunction with clause 11, Working
Hours of the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2006.
8.3.1 A standard
working day is 9.00 am to 5.00 pm Monday to Friday
8.3.2 The bandwidth
is from 7.30 am to 6.00 pm. Bandwidth
hours may be varied to meet the needs of the AHO or the personal needs of the
employee by agreement between an employee and their manager, subject to
paragraph 8.3.5 and provided that changing the bandwidth does not incur
additional payments for overtime or meal allowance.
8.3.3 Coretime is
between 9.30 am and 3.30 pm. Coretime
is the period during the day when all employees are required to be on duty,
unless on authorised leave. The lunch
break is not part of coretime.
Coretime may be varied by agreement between an employee
and their manager, subject to paragraph 8.3.5.
Where the bandwidth is substantially varied in accordance with paragraph
8.3.2, coretime should likewise be varied.
8.3.4 The lunch break
may be taken within the period between 11.30 am and 2.30 pm.
The minimum lunch period is 30 minutes, and the normal
lunch period is one hour.
An employee may, with the approval of their manager,
extend the lunch period up to 2½ hours, provided that this longer lunch break
does not prevent the proper functioning of their section.
8.3.5 A flexible and
adaptable approach to working hours will be adopted to meet peak work demands,
service delivery requirements, and the personal circumstances of AHO employees.
Flexible working hours will only be available on the
condition that an adequate service is maintained at all times. Services
provided by the AHO will not be withdrawn to accommodate the absence of
employees under any flexible working hours arrangements.
Flexible working hours arrangements are subject to
organisational requirements. An
employee’s attendance outside the hours of a standard work day, but within the
bandwidth shall be subject to the availability of work.
9. Leave
9.1 Support will
be provided to Aboriginal employees with respect to their extended family,
cultural and ceremonial obligations and their involvement in their communities
through the approval of flex and other appropriate leave.
9.2 Leave will be
authorised and supported in accordance with clauses 69 to 87 of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2006 or its
replacement.
9.3 Flex leave
entitlements will be extended to accommodate and recognise additional hours
which may be required to be worked to meet the needs of the AHO, and to provide
greater flexibility to meet the personal needs of individual employees.
9.4 Flexible
working hours as defined in clause 21 of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006 are varied as follows:
A maximum of 18 flex days may be taken in a year. The year will commence with the first flex
period in July each year, and conclude at the end of the last flex period
commencing in June each year.
Up to 2 flex days may be taken in any flex period,
subject to paragraph 8.3.5 and the approval of the manager.
Flexitime credits in excess of 10 hours at the end of
each flex period may be saved up to a limit of 42 hours (6 days) being held at
any one time.
On one occasion in a year between 1 and 5 consecutive
days may be taken in addition to the 2 day/s available in the flex period,
subject to paragraph 8.3.5 and the approval of the manager.
Approval is required prior to granting any flex leave.
Five working days notice is required when 2 or more flex days are
requested. This requirement may be
waived for exceptional circumstances.
10. Travel Passes
The AHO will fund an up front payment on behalf of
interested permanent employees to purchase an annual public transport travel
pass (either rail, bus, ferry or a combination of these). Employees in turn will agree to repay this
up front payment over 12 months through regular fortnightly deductions from
after tax salary. This offer must be
taken up by a date to be stipulated for a minimum period of 12 months. The cost of any Fringe Benefit Tax (FBT)
implications for employees taking up this offer must be met by the relevant
individual employee.
11. Deduction of
Association Membership Fees
11.1 The Association
shall provide the AHO with a schedule setting out union fortnightly membership
fees payable by members of the Association in accordance with the union’s
rules.
11.2 The Association
shall advise the AHO of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of union fortnightly membership fees payable shall be provided to
the AHO at least one month in advance of the variation taking effect.
11.3 Subject to
subclauses 11.1 and 11.2 of this clause, the AHO shall deduct union fortnightly
membership fees from the pay of any employee who is a member of the Association
in accordance with the union’s rules, provided that the employee has authorised
the AHO to make such deductions.
11.4 Monies so
deducted from the 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.
11.5 Unless other
arrangements are agreed to by the AHO and the Association, all union membership
fees shall be deducted on a fortnightly basis.
11.6 Where an
employee has already authorised the deduction of union 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
deduction to continue.
12. Review Clause
Should there be any variation to the Crown Employees (Public
Sector – Salaries 2007) Award, or an Award replacing it, during the term of
this award, by way of salary increase, or other benefit to the public service,
this award shall be varied to give effect to any such salary increase, or other
benefit from the operative date of the variation of the former award, or
replacement award.
Employees 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 or any replacement award, also apply to employees covered by this award,
except where specifically varied by this award.
13. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and replaces the Crown Employees
(Aboriginal Housing Office 2004) Award published 12 November 2004 (347 IG 288),
as varied.
The changes made to the Award 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 IG 359) take effect from 5 December 2007.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.