CROWN EMPLOYEES DIVISION CONTROLLERS (STATE EMERGENCY SERVICE 2005) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 686 of 2005)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.      Subject Matter

 

1.         Title

2.         Definitions

3.         General Conditions of Employment

4.         Salaries

5.         Working Hours and Flexible Leave Entitlement

6.         Operational Overtime

7.         Grievance Procedures

8.         Dispute Resolution Procedures

9.         Anti-Discrimination

10.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salary Schedule

 

PART A

 

1.  Title

 

1.1        This award will be known as the Crown Employees Division Controller (State Emergency Service 2005) Award.

 

2.  Definitions

 

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

 

2.2        "Award" means - this Crown Employees Division Controller (State Emergency Service 2005) Award.

 

2.3        "SES" means - the State Emergency Service as described in the State Emergency Service Act 1989 No 164.

 

2.4        "SES Act" means - the State Emergency Service Act 1989 No. 164.

 

2.5        "Regulation" means the State Emergency Service Regulation 2001 as amended under the State Emergency Service Act 1989 No 164.

 

2.6        "Director General" means - the Chief Executive Officer of the State Emergency Service as listed in column 2 of Schedule 1 of the Public Sector Employment and Management Act 2002.

 

2.7        "Division Controller" means - an officer permanently or temporarily employed in the SES either as a full-time, or part-time employee, in any capacity under the provisions of chapter 2 of the Public Sector Employment and Management Act 2002, and includes an officer on probation.

 

2.8        "Association" means - the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales.

 

2.9        "PEO" means - the Public Employment Office, who is the employer for industrial purposes under Section 129 of the Public Sector Employment and Management Act 2002.

 

2.10      "Position" means - a position, both full-time and part-time, pursuant to Section 9 of the Public Sector Employment and Management Act 2002.

 

2.11      "Salary Rates" means - the ordinary time rate of pay for the Division Controller’s grading excluding allowance for "After Hours Duty Officer" and all other allowances not regarded as salary.

 

3.  General Conditions of Employment

 

3.1        Conditions of employment for all Division Controllers shall be in accordance with the provisions of the Crown Employees (Public Service Conditions of Employment) Award 2002 except where varied by this Award and with the following Awards and Agreements as varied from time to time:

 

Crown Employees (Transferred Employees Compensation) Award

 

Crown Employees (Transferred Officers/Excess Rent) Agreement No 2354 of 1981

 

3.2        The provisions of this award are to apply to part-time workers on a pro-rata basis.

 

4.  Salaries

 

4.1        The Division Controllers will be remunerated in accordance with the Crown Employees (Public Sector - Salaries 2004) Award as varied or an award replacing it. Salaries at the time of making this award are set out in Table 1 Salary Schedule Part B Monetary Rates.

 

4.2        Appointment of Division Controllers shall be in accordance with the Public Sector Employment and Management (General) Regulation.

 

4.3        A flexible and adaptable approach to working hours shall be adopted to meet peak demands, unit and volunteer demands, and the personal circumstances of the officer. Much of the work performed is during the evening or on weekends. The parties agree that the requirements will be no more than 40 days of weekend and public holiday work per annum and 80 occasions of evening work. The parties recognise that there could be variations to these requirements from time to time.

 

4.4        An allowance of 15% of the Division Controller’s gross annual salary will be paid in lieu of non-operational overtime and in recognition of the pattern of work. No non-operational overtime is anticipated.

 

5.  Working Hours & Flexible Leave Entitlement

 

5.1        Division Controllers will be able to accumulate flexitime credits beyond their contract hours. Flexitime entitlements will be the same as the current flexible working arrangements of the Department, i.e. Division Controllers will be able to take up to 5 flexidays per flex period and can carry over up to 21 hours credit per flex period. There will be no bandwidth or core-time. Contract hours of 35 hours per week will be worked on any day Monday to Sunday and will include travel time.

 

5.2        Division Controllers will receive credit hours of one fifth of their normal weekly hours for each public holiday day. When required to work on a public holiday, a division controller should credit the hours worked to flexitime and take the equivalent time off at a later date.

 

5.3        Division Controllers will not be required to work more than 5 days in a row without at least 1 day off.

 

5.4        Part time Division Controllers working on projects for State Headquarters will be paid additional hours from the project sponsors budget.  The number of hours will be negotiated with the project sponsor on a case by case basis.

 

6.  Operational Overtime

 

6.1        Access to overtime can only occur during operations when flexitime has been suspended.

 

6.2        Division Controllers who are required to work operational overtime will be paid at the normal rate of pay including the 15% loading for the first seven hours, and overtime thereafter, excluding the 15% loading and meal breaks. When flexitime is suspended rest days are deemed to be Saturdays and Sundays.

 

6.3        Part time Division Controllers who are required to work during operations may work full time and be paid additional hours for the period of the operation.

 

6.4        If a Division Controller is required to perform duty as the after hours duty officer the following payments will be applicable:

 

Weekdays 2/9ths of a day’s salary including loading.

 

Weekends 1/3 rd of a day’s salary including loading.

 

6.5.1     Subject to paragraph 6.5.2, the SES may require an officer to work reasonable overtime at overtime rates.

 

6.5.2     An officer may refuse to work overtime in circumstances where the working of such overtime would result in the officer working hours which are unreasonable.

 

6.5.3     For the purposes of paragraph 6.5.2 what is unreasonable or otherwise will be determined having regard to:

 

6.5.3.1              any risk to officer health and safety;

 

6.5.3.2              the officer’s personal circumstances including any family and carer responsibilities;

 

6.5.3.3              the needs of the workplace or enterprise;

 

6.5.3.4              the notice (if any) given by the SES of the overtime and by the officer of his or her intention to refuse it; and

 

6.5.3.5              any other relevant matter.

 

7.  Grievance Procedures

 

Grievance procedures will be in accordance with the SES Grievance Policy.

 

8.  Dispute Resolution Procedures

 

8.1        The aim of the Dispute Resolution Procedures is to ensure that, during the life of this Award, industrial disputes or grievances are prevented, or resolved as quickly as possible, at the level closest to the incident (with graduated steps for further attempts at resolution at higher levels within SES, if required).

 

8.2        When a dispute or grievance arises, or is considered likely to arise, the following steps shall be followed:

 

Stage 1: - The Division Controller(s) should notify the Manager Personnel of the substance of the grievance, dispute or difficulty, request a meeting and, if possible, clearly state their preferred outcome.

 

A confidential meeting should be held within two working days.

 

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 Division Controller 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.

 

Stage 2: - If the matter is not resolved at the second meeting, the Division Controller, or other appropriate officer, may refer the matter to the Director General.

 

A confidential meeting should be held within two working days.

 

If the matter is not resolved, all parties involved in the grievance will be provided with a written response explaining the actions to be taken or the reasons for the SES taking no further action.

 

Stage 3: - If the matter remains unresolved it may be referred to the New South Wales Industrial Relations Commission by the officer (s), the Associations, or the Director General.

 

8.3        At any stage of this process either party may request that the situation be referred to an independent mediator. During any stage of this process members of a registered trade union may request that an Association representative be present.

 

8.4        During the process of resolving a grievance, normal work is to continue except in the case of a dispute involving Occupational Health and Safety where the safety of staff is jeopardised. If practicable, normal work will proceed in a manner which avoids any risk to the health and safety of any officer, or member of the public.

 

8.5        The Division Controller(s), Association and the SES will be bound by any lawful recommendation, order or determination by the NSW Industrial Relations Commission in relation to the grievance, dispute or difficulty.

 

9.  Anti-Discrimination

 

9.1        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.

 

9.2        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 which, by its terms or operation, has a direct or indirect discriminatory effect.

 

9.3        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.

 

9.4        Nothing in this clause is to be taken to affect:

 

any conduct or act which is specifically exempted from anti- discrimination legislation;

 

offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

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.

 

10.  Area, Incidence and Duration

 

10.1      The award will apply to all Division Controllers employed in the State Emergency Service.

 

10.2      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees Division Controller (State Emergency Service 2001) Award published 19 July 2002 (335 IG 329) and all variations thereof.

 

10.3      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 IG 359) take effect on and from 8 April 2005.

 

10.4      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 - Salary Schedule

 

Salary of Full Time Divisional Controllers

 

Classification	Salaries effective on	Fpp 1.7.04	Fpp1.7.05	Fpp1.7.06
	and from fpp 1.7.03	Per annum	Per annum	Per annum
	Per annum	+4%	+4%	+4%
	$	$	$	$
1st year of service	67,689	70,397	73,213	76,142
2nd year of service	69,593	72,377	75,272	78,283
3rd year of service	72,435	75,332	78,345	81,479
Thereafter	74,593	77,577	80,680	83,907

 

 

 

R. W. HARRISON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.