Crown
Employees (State Emergency Service) Learning and Development Officers Award
2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 110 of 2012)
Before The Honourable
Mr Justice Staff
|
28 March 2012
|
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. Motor
Vehicle
10. Anti-Discrimination
11. 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 (State Emergency Service) Learning and Development
Officers Award 2012.
2. Definitions
2.1 "Act"
means the Public Sector Employment and Management Act 2002.
2.2 "Award"
means this Crown Employees (State Emergency Service) Learning and Development
Officers Award 2012.
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 "Learning
and Development Officer" or "LDO" 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 "Director
General DPC" means the Director General of Department of Premier and
Cabinet, is a result of the Public Sector Employment and Management
Amendment (Ethics and Public Service Commissioner) Act 2011.
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 Learning and
Development officer’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 Learning and Development Officers shall be in accordance
with the provisions of the Crown Employees (Public Service Conditions of
Employment) Award 2009 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 Learning and
Development Officers will be remunerated in accordance with the Crown Employees
(Public Sector - Salaries 2008) Award as varied or an award replacing it. Salaries at the time of making this Award
are set out in Table 1 - Salary Schedule of Part B Monetary Rates.
4.2 Appointment of
Learning and Development Officers 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 State Training
Team. 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 Learning and Development Officer’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 and
Flexible Leave Entitlement
5.1 LDO's 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. LDO's will be able to take up to five 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 LDO's will not
be required to work more than 5 days in a row without at least one day off.
6. Operational
Overtime
6.1 Access to
overtime can only occur during operations when flexitime has been suspended.
6.2 Learning and
Development Officers 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 If a Learning
and Development Officer is required to perform duty as the after hours duty
officer the following payments will be applicable:
(a) Weekdays -
2/9ths of a day’s salary including loading.
(b) Weekends - 1/3rd
of a day’s salary including loading.
7. Grievance Procedures
7.1 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:
(a) Stage 1 - The
LDO(s) should notify their supervisor of the substance of the grievance,
dispute or difficulty, request a meeting and, if possible, clearly state their
preferred outcome.
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 LDO
to advise their immediate supervisor the notification may occur to the next
appropriate level of management, including where required, to the Director
General or delegate.
(b) Stage 2 - If the
issue is not resolved within the office, the LDO may refer the matter to the Manager
Personnel.
A confidential meeting should be held within two
working days.
(c) Stage 3 - If the
matter is not resolved at the second meeting, the LDO 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.
(d) Stage 4 - 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 Work 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 LDO(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. Motor Vehicle
9.1 Learning and
Development Officers are provided with a departmental motor vehicle and have
standing approval for limited personal use that does not preclude availability
for operational response.
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 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.
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 matters of unlawful discrimination in any State or federal
jurisdiction.
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 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 NSW on 28 April 1999 (310 I.G.
359) take effect from 28 March 2012.
11.2 Changes made to
this award subsequent to it first being published on 28 September 2007 (363 I.G.
767) have been incorporated into this award as part of the review.
11.3 This 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 Learning and Development Officers
Effective from the beginning of the first pay period to
commence on or after 1 July 2011
1st year of service
|
$75,552 pa
|
2nd year of service
|
$77,767 pa
|
3rd year of service
|
$80,096 pa
|
Thereafter
|
$82,491 pa
|
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.