Crown Employees (Museum of Applied Arts and Sciences Electrical Preparators) Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1706 of 2007)

 

 

REVIEWED AWARD

 

Index

 

PART A

 

Clause No.          Subject Matter

 

1.         Title

2.         Parties

3.         Definitions

4.         Intention

5.         Wage Rates

6.         General Conditions of Employment

7.         Consultative Committee

8.         Grievance and Dispute Handling Procedures

9.         Classification Standards

10.       Anti-Discrimination

11.       Area Incidence and Duration

12.       Savings and Rights

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

PART A

 

1.  Title

 

1.1        This Award shall be known as the "Crown Employees (Museum of Applied Arts and Sciences Electrical Preparators) Award 2007.

 

2.  Parties

 

2.1        Award has been made between the following parties:

 

The Director of Public Employment

 

The Museum of Applied Arts and Sciences

 

Electrical Trades Union of Australia, NSW Branch

 

3.  Definitions

 

"Act" means the Public Sector Employment and Management Act 2002.

 

"Conditions Award" means the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

"Operative Date" means the date on which this Award is made by the Industrial Relations Commission of New South Wales and becomes legally binding on the parties.

 

"Staff" means and includes all persons permanently or temporarily employed under the provisions of the Act, 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 of such positions.

 

"Supervision" means, in addition to normal supervisory responsibilities, the assessment, evaluation and training of staff.

 

"Union" means the Electrical Trades Union of Australia, NSW Branch.

 

4.  Intention

 

4.1        It is intended that the Award will provide a suitable basis for the parties to implement appropriate arrangements to ensure that corporate objectives are met.

 

4.2        The Award will help facilitate the processes necessary to enhance the productivity of the organisation and provide a better return to the organisation, the staff, and the community.

 

5.  Wage Rates

 

5.1        The wage rates paid to staff covered by this Award are specified in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

5.2        These rates will move in accordance with the Crown Employees Wages Staff (Rates of Pay) Award 2007 as varied or any replacement award.

 

6.  General Conditions of Employment

 

6..1       Conditions of employment are regulated by the Act and its Regulations.

 

6.2        Conditions provided by this Award are:

 

6.2.1                 The ordinary working hours shall be an average of thirty-five per week.

 

6.2.2                              All allowances previously paid to staff covered by this Award, including the Licence Allowance, Tool Allowance and Leading Hand Allowance, are to be rolled into salary.

 

6.2.3                              As from the date of effect of this Award, staff covered by this Award shall not be required to provide their own tools.

 

6.2.4                 Employees will be entitled to an additional holiday on a working day nominated by the Director within the period between Boxing Day and New Year’s Day. This holiday applies in lieu of the Union Picnic Day entitlement provided by the Crown Employees (Skilled Trades) Award.

 

6.3        Conditions provided by other Awards

 

6.3.1                 Conditions of employment not regulated by this clause shall be covered by the Crown Employees (Skilled Trades) Award except for Overtime, Travelling Compensation and Excess Travelling Time for which provisions of the Conditions Award shall apply and;

 

6.3.2                              Any other conditions not regulated by this Award or the Crown Employees (Skilled Trades) Award shall be provided by the Conditions Award as varied.

 

6.4        Where there is any inconsistency between this Award, the Crown Employees (Skilled Trades) Award and the Conditions Award this Award shall prevail to the extent of the inconsistency.

 

6.5        Flexible Working Hours

 

Flexible Working Hours: The Museum of Applied Arts and Sciences Flexible Working Hours Agreement of 1999 shall govern the employees covered under this award in terms of the hours of duty and flexible working hours

 

6.6        Union deduction

 

Subject to a staff member making written authorisation, the Museum of Applied Arts and Sciences shall deduct from the staff member’s pay, subscriptions payable to a nominated industrial organisation of employees (Union) and shall pay the deducted subscriptions to such an organisation.

 

7.  Consultative Committee

 

7.1        The Museum of Applied Arts and Sciences ETU/Management Consultative Committee shall monitor the implementation of this Award and make, during its period of operation, recommendations to the Director of the Museum of Applied Arts and Sciences with regard to any matters regarding the implementation of this Award.

 

7.2        The ETU/Management Consultative Committee shall consist of representatives of management and representatives of the unions which are party to this Award, the latter chosen at the discretion of the union members covered by this Award.

 

7.3        Should the parties to the ETU/Management Consultative Committee fail to reach agreement on any matter the Dispute Resolution Procedures outlined in Clause 8 will be followed.

 

8.  Dispute Resolution Procedures

 

The aim of this grievance handling and dispute resolution procedure is to encourage the resolution of grievances and/or disputes as quickly as possible within the immediate work context wherever possible. The procedure involves consultation, co-operation and discussion to achieve this aim.

 

There are 6 steps in the procedure.

 

At each step, all those involved are encouraged to seek advice with regard to the procedure and how to best undertake its various elements. Advice can be sought from appropriate staff, as identified in the Museum's policy and procedures for resolving Grievances and Disputes.  The Museum’s Grievance Management and Resolution Policy identify Grievance Contact Officers as a point of contact for a staff member in the resolution of grievances and/or disputes.

 

8.1        Step 1:

 

A staff member should identify the work related concern or grievance and, where possible, try to discuss and resolve it with all relevant parties. A Grievance Officer may assist at this stage.

 

It is recognised that the staff member may wish to exercise the right to consult with, and be accompanied by their union representative, as a designated Grievance Officer.  This person or any other designated Grievance Officer may participate in discussions during this or any subsequent stage.

 

8.2        Step 2:

 

If the grievance/dispute remains unresolved, the staff member shall discuss the matter with their supervisor. A Grievance Contact Officer may be asked to assist at this stage.

 

The supervisor shall seek to discuss the matter and assist in its resolution within 7 days.

 

8.3        Step 3:

 

If the grievance/dispute remains unresolved after 7 days, or where the staff member is unable to discuss the matter with his/her supervisor, the matter should be referred to the Manager of the Section or the Department Head.

 

The matter should be addressed and where possible resolved within 7 days.

 

8.4        Step 4:

 

Where a grievance or concern remains unresolved or where s staff member is unable to discuss the matter with his/her Section/Department Head, the matter shall be referred to the HR Manager or appropriate Associate Director. A Grievance Contact Officer may also be asked to assist at this stage.

 

The matter should be addressed within 7 days.  Resolution of the matter may vary depending on its complexity. The Associate Director/HR Manager shall seek satisfactory resolution in a timely manner.

 

8.5        Step 5:

 

Where a grievance or concern remains unresolved after a reasonable period of time, the matter should be raised with the Director in writing. The staff member may ask a Grievance Contact Officer to assist at this stage.  Resolution of the grievance or concern may vary, depending on the complexity of the matter.  At this stage all parties will work actively towards resolving the matter expeditiously.

 

A reasonable timeframe for resolution of a grievance at this stage in the process is 2 to 3 weeks.

 

8.6        Step 6:

 

A staff member, their representative or the Director may refer the matter to an external agency to seek assistance in its resolution. These agencies may include the NSW Industrial Relations Commission, the NSW Anti-Discrimination Board or the Public Employment Office. Where possible, external referral shall only occur where the matter has remained unresolved internally.

 

Note: While the grievance procedure is being followed, normal work shall continue, except where a genuine health and safety issue is involved.  Such circumstances may require some interim modification to work practices until the matter is resolved. For further details regarding the operation of the grievance and dispute resolution procedure, refer to the Museum's policy and procedures for resolving grievances and disputes.

 

9.  Classification Standards

 

9.1        A position falling within the scope of this Award shall have assigned to it a classification level determined in accordance with the classification standards detailed below.  Progression in each level is detailed below.

 

9.1.1                 Electrical Preparator Grade 1: There are three salary levels for incremental progression. Progression will be determined by satisfactory performance and satisfactory attendance after 12 months at each level.

 

9.1.2                 Electrical Preparator Grade 2: There is a soft barrier from Grade 1. Progression will be determined by satisfactory attendance after 12 months at the Year 3 level of Grade 1, availability of work at the higher level of duties as specified in the position description and satisfactory performance of the higher level of duties. Approval for progression will be in accordance with the Museum of Applied Arts and Sciences’ Delegation Manual. There are 2 salary levels in Grade 2. Progression will be determined by satisfactory performance and satisfactory attendance after 12 months at each level.

 

9.1.3                 Senior Electrical Preparator: This is a promotional position and there are two levels in this classification. Progression will be determined by satisfactory performance and satisfactory attendance after 12 months at each level.

 

10.  Anti-Discrimination

 

10.1      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.

 

10.2      It follows that in fulfilling their obligations under the dispute resolution procedures 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 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 discriminatory effect.

 

10.3      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.

 

10.4      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 or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

10.5      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.

 

11.  Area Incidence and Duration

 

11.1      This Award applies to all staff of the Museum of Applied Arts and Sciences who are currently employed in the classifications defined in Part B, Table 1 of the Crown Employees (Skilled Trades) Award

 

11.2      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Museum of Applied Arts and Sciences Electrical Preparators) Award 2001 published 15 April 2005 (350 I.G. 6) and all variations thereof.

 

11.3      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 18 December 2007.

 

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

 

12.  Savings and Rights

 

12.1      At the time of making this Award, no person covered by this Award will suffer a reduction in his or her rate of pay or any loss of or diminution in his or her conditions of employment as a consequence of the making of this Award.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Rates of pay effective 7 July 2003

 

 

 

 

D. W. RITCHIE, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.