Crown
Employees (Technical Officers - Treasury) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 581 of 2007)
Before The Honourable
Mr Deputy President Harrison
|
31 July 2007
|
REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
5. Dispute
Resolution Procedure
6. Anti-Discrimination
7. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Title
This award shall be known as the Crown Employees (Technical
Officers - Treasury) Award 2007.
2. Definitions
"Act" shall mean the Public Sector Employment and Management Act 2002.
"Award" shall mean the Crown Employees (Technical
Officers - Treasury) 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 Public Employment" or "DPE"
means the Director of Public Employment as established under the Public Sector Employment and Management Act 2002."
"Treasury", "Office of Financial
Management" or "OFM" refers to the Office of Financial
Management, New South Wales Treasury.
3. Salaries
(i) All officers
shall be paid in accordance with the salary structure set out in Table 1 -
Salaries, of Part B, Monetary Rates.
(ii) Work value
alone is not sufficient to have a position classified and graded as a Grade 1
or Grade 2 Technical Officer - Treasury. Other factors must also be satisfied
such as skill shortage, specialist skills and use on the job of higher level
competencies.
(iii) Pay movements
within each grade will be based on a pre-defined matrix comprised of
competency, performance, market relationship and degree of speciality.
(iv) Progression is
not incremental in nature.
4. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
(i) An employee
may elect, subject to the agreement of Treasury, 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.
(ii) Further to
the salary packaging outlined in Premiers Department Circular No.2007-11 Salary
Packaging for Non-SES Employees, the DPE has approved salary packaging of the
private use component of motor vehicles subject to the benefit’s monetary value
being determined in accordance with the methodology applicable to Senior
Executive Service officers under the Public
Sector Employment and Management Act 2002.
5. Dispute Resolution
Procedure
(i) All disputes
or difficulties 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 Treasury, if
required.
(ii) An officer is
required to notify (in writing or otherwise) their Director 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 staff member to advise their immediate manager, the notification may occur
to the next appropriate level of management, including, where required, to the
appropriate Department Head or Delegate.
(iv) The Director
shall convene a meeting in order to resolve the grievance, dispute or
difficulty within two days, or as soon as practicable, of the matter being
brought to attention.
(v) If the matter
remains unresolved with the Director, the officer may request to meet the
appropriate Executive Director in order to resolve the matter. This manager
shall respond within 2 days, or as soon as practicable. This sequence of
reference to successive levels of management may be pursued by the member of
staff until the matter is referred to the Secretary, NSW Treasury.
(vi) The Secretary,
NSW Treasury may refer the matter to the DPE for consideration.
(vii) In the event
that the matter remains unresolved, the Secretary, NSW Treasury shall provide a
written response to the member of staff and any other party involved in the
grievance, dispute or difficulty, concerning action to be taken, or the reasons
for not taking action, in relation to the matter.
(viii) An officer may
request to be represented by an Association representative.
(ix) The officer or
Association on their behalf, or the Secretary, NSW Treasury may refer the
matter to the Industrial Relations Commission of New South Wales if the matter
is unresolved following the use of these procedures.
(x) The officer,
Association, Treasury and the DPE shall agree to be bound by any lawful
recommendation, order or determination by the Industrial Relations Commission of
New South Wales in relation to the grievance, dispute or difficulty.
(xi) Whilst the
procedures are being followed, normal work undertaken prior to notification of
the grievance or dispute shall continue unless otherwise agreed between the
parties, or in the case of a dispute involving Occupational Health and Safety.
If practicable, normal work shall proceed in such a manner as to avoid any risk
to the health and safety of any officer or member of the public.
6.
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."
7. Area, Incidence
and Duration
(i) This Award
shall apply to all staff employed as Technical Officers in the Office of Financial
Management, New South Wales Treasury.
(ii) Technical
Officers are entitled to the conditions of employment provided by this Award,
the Public Sector Employment and
Management Act 2002, and the Public
Sector Management (General) Regulation 1996. The provisions of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006 and the Crown Employees (Public
Sector - Salaries 2007) Award or any replacement award, also apply to officers
covered by this Award, except where specifically varied by this Award.
(iii) The salaries
rates in Table 1 - Salaries, of Part B, Monetary Rates, are set in accordance
with the Crown Employees (Public Sector - Salaries 2007) Award and any
variation or replacement Award.
(iv) This award is
made following a review under section 19 of the Industrial Relations Act 1996
and replaces the Crown Employees (Technical Officers - Treasury) Award
published 12 November 2004 (347 I.G. 294) and all variations thereof.
(v) 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
Classification
|
Per Annum Defined Salary Points
|
|
effective from first full pay period after
|
|
1 July 2007
|
|
$
|
Technical Officers
|
|
Treasury, Grade 1
|
112,421
|
|
117,434
|
|
122,609
|
|
127,708
|
Treasury, Grade 2
|
129,785
|
|
134,964
|
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.