SOCIAL AND COMMUNITY SERVICES EMPLOYEES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 696 of 2005)

 

 

REVIEWED AWARD

 

1.          Delete the word "programmes" wherever appearing in clause 2, Definitions, of the award published 2 August 2002 (335 I.G. 559), and insert in lieu thereof the following:

 

programs

 

2.          Delete subclause 7.1, of clause 7, Casual Employees, and insert in lieu thereof the following:

 

7.1        A casual employee shall mean an employee engaged to perform work of a short-term and/or irregular nature.

 

3.          Delete subclause 11.5, of clause 11, Overtime, and insert in lieu thereof the following:

 

11.5      Part-time shift workers must work the full time equivalent hours before overtime is paid.

 

4.          Delete paragraph 14.3 (a), of clause 14, Shift Work, and insert in lieu thereof the following:

 

(a)        An employee who works an evening shift shall be paid a loading of 15% on their ordinary rate of pay for the whole of such shift.

 

5.          Delete subparagraphs 19.5 (a) (v) and (vi), of clause 19, Classifications, Exemptions, Exclusions, Wages and Superannuation, and insert in lieu thereof the following:

 

(v)        Setting outcomes in relation to the organisation’s objectives and devising strategies to achieve them;

 

(vi)       May supervise employees or teams of employees classified at a lower grade; and

 

6.          Delete clause 20, Translation, and insert in lieu thereof the following:

 

20.  Translation

 

See Table 3 - Translation.

 

7.          Delete subclause 21.1, of clause 21, Rates of Pay, and insert in lieu thereof the following:

 

21.1      Employees shall be paid in accordance with Table 1 - Rates of Pay.

 

8.          Delete subclause 23.3, of clause 23, Incremental Placement and Advancement, and insert in lieu thereof the following:

 

23.3      Full-time, Part-time, and Fixed Term employees shall move from level to level within a grade after each 12 months' continuous service.

 

9.          Delete paragraph 30.3 (a), of clause 30, Sleepover Allowance, and insert in lieu thereof the following:

 

(a)        There is an agreement between the employee and the employer with at least one week’s notice in advance, except in the case of an emergency; and

 

10.        Delete clause 33, Motor Vehicle Allowance, and insert in lieu thereof the following:

 

33.  Motor Vehicle Allowance

 

Where employees are required by their employer to use their motor vehicle in the course of their duty, they shall be paid an amount set out in Item 2 of Table 2 per kilometre travelled during such use.

 

11.        Delete subclause 37.3, of clause 37, Annual Leave, and insert in lieu thereof the following:

 

37.3      Fixed term employees engaged for more than 12 months are entitled to annual leave in accordance with subclause 37.2 of this clause.  Fixed term employees engaged for less than 12 months are entitled to be paid annual leave on a pro rata basis at the end of their term of employment.

 

12.        Delete subclause 38.2, of clause 38, Annual Leave Loading, and insert in lieu thereof the following:

 

38.2      Before an employee takes their annual leave they shall be paid the following in addition to their normal weekly pay (exclusive of shift penalties) for the period of annual leave taken:

 

Either:

 

(a)        a loading of 17.5% of their normal weekly pay (exclusive of shift penalties) or

 

(b)       the shift penalties pursuant to clause 14, Shift Work, that the employee would have received for the period of leave taken had the employee not been on leave,

 

whichever is the greater amount.

 

13.        Delete subclauses 41.4 and 41.5, of clause 41, Public Holidays, and insert in lieu thereof the following:

 

41.4      Where an employee, who is a shift worker and is required to and does work an ordinary rostered shift on a public holiday, the employee shall be paid double time and a half for such shift.

 

41.5      Where an employee, who is a shift worker whose shift includes a gazetted public holiday and is then not required by the employer to work that gazetted public holiday, shall have a day added to their annual holidays or be paid a day's pay additional to their weekly wage.

 

14.        Delete paragraph 42.3 (c), of clause 42, Personal/Carer's Leave, and insert in lieu thereof the following:

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

15.        Delete paragraph 48.2 (a), of clause 48, Termination of Employment, and insert in lieu thereof the following:

 

(a)        Except for misconduct justifying summary dismissal, the services of an employee shall be terminated by an employer only by notice as prescribed by the following:

 

 

16.        Delete paragraph 49.1 (b), of clause 49, Organisational Change and Redundancy, and insert in lieu thereof the following:

 

(b)        In respect of employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the terms of subclause 49.4 of this clause.

 

17.        Delete paragraph 49.5 (c), of the said clause 49, and insert in lieu thereof the following:

 

(c)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

18.        Delete the first paragraph of subclause 49.6, of the said clause 49, an insert in lieu thereof the following:

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising "technologically" in accordance with paragraph (a) of subclause 49.2 of this clause.

 

19.        Delete the first paragraph of subclause 49.13, of the said clause 49, and insert in lieu thereof the following:

 

Where an employee is to be terminated pursuant to subclause 49.5 of this clause, subject to further order of the Industrial Relations Commission of New South Wales the employer shall pay the employee the following severance pay in respect of a continuous period of service:

 

20.        Delete paragraph 49.13 (c), of the said clause 49, and insert in lieu thereof the following:

 

(c)        "Weeks Pay" means the all-purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over-award payments, shift penalties and allowances, paid in accordance with the award.

 

21.        Delete clause 56, Right of Entry By Union, and insert in lieu thereof the following:

 

56.  Right of Entry

 

See the Industrial Relations Act 1996 (NSW).

 

22.        Delete the words "Public Sector Management Act 1988" wherever appearing in subclause 59.3, of clause 59, Area, Incidence and Duration, and insert in lieu thereof the following:

 

Public Sector Employment and Management Act 2002.

 

23.        Delete subparagraph 59.3 (a) (iii), of the said clause 59, and insert in lieu thereof the following:

 

(iii)       the Health Services Act 1997; or

 

24.        Delete subparagraph 59.3 (b) (xiv), of the said clause 59, and insert in lieu thereof the following:

 

(xiv)     by any person employed as an Associate to a Justice; or

 

25.        Delete the words "Charitable Collections Act 1934" appearing in paragraph 59.3 (c), of the said clause 59, and insert in lieu thereof the following:

 

Charitable Fundraising Act 1991

 

26.        Insert after paragraph 59.8 (b), of the said clause 59, the following new paragraphs:

 

(c)        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) and take effect on 2 May 2005.

 

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

 

 

 

J. P. GRAYSON  D.P.

 

 

 

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Printed by the authority of the Industrial Registrar.