Crown Employees (School Administrative and Support
Staff) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 725 of 2015)
Before Commissioner Stanton
|
17 November 2015
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Definitions
3. Anti-Discrimination
4. Classifications
5. Rates of
Pay
6. Increments
7. Hours
8. Meal
Breaks
8A. Lactation
Breaks
9. Allowances
10. Appointments
11. Training
and Development
12. Higher
Duties Allowance
13. Performance
Management
14. Flexible
Work Organisation
15. Dispute
and Grievance Resolution Procedures
16. Leave
16A. Leave for Matters
Arising from Domestic Violence
17. Travelling
Compensation
18. Overtime
19. Transferred
Employees’ Compensation
20. Deduction
of Association Membership Fees
21 No Further
Claims and No Industrial Action
22. Secure
Employment
23. Short Term
Temporary Employee Entitlements
24. Consultation
25. Area,
Incidence and Duration
PART B
Schedule 1 - School Administrative and Support Staff
(other than Aboriginal Education Officer) - Rates of Pay
Schedule 2 - Aboriginal Education Officer - Rates of Pay
Schedule 3 - School Administrative and Support Staff -
Allowances
2. Definitions
2.1 "Aboriginal
Education Officer" means a classification of School Administrative and
Support Staff for whom the requirement of Aboriginality is a legitimate
occupational qualification under section 14(d) of the Anti-Discrimination
Act 1977.
2.2 "Act"
means the Education (School Administrative and Support Staff) Act 1987.
2.3 "Association"
means the Public Service Association and Professional Officers' Association Amalgamated
Union of New South Wales.
2.4 "Centre"
means a Departmental centre which provides instruction to students, such as a
distance education centre, environmental education centre or intensive English
centre.
2.5 "Continuous
employment" means employment for a specific number of hours per week for
each week of the school year, which may be broken by school vacations and any
approved leave which counts as service.
2.6 "Department"
means the New South Wales Department of Education.
2.7 "Employee"
means any person employed as a member of the School Administrative and Support
Staff.
2.8 "Equivalent
full-time" means the number of full-time and part-time employees allocated
to a school converted to a full-time equivalent.
2.9 "Full-time
employee" means any person employed as a member of the School
Administrative and Support Staff who works 31.25 hours per week or, in the case
of a former Library Clerical Assistant covered by the 1988 agreement, 36.25
hours per week.
2.10 "Industrial
Relations Commission" means the Industrial Relations Commission of New
South Wales established by the Industrial Relations Act 1996.
2.11 "Long-term
temporary employee" means a member of the School Administrative and
Support Staff employed by the Secretary on a temporary basis, either full-time
or part-time, under section 21 of the Act, for a period in excess of one school
term.
2.12 "Part-time
employee" means any person employed as a member of the School
Administrative and Support Staff who works less than 31.25 hours per week.
2.13 "Permanent
employee" means a member of the School Administrative and Support Staff
employed on a permanent basis by the Secretary in the service of the Crown
under section 8 of the Act.
2.14 "Principal"
means the principal of a Department school.
2.15 "School"
means a Department school where instruction is provided by the Department and
includes any place designated as part of, or as an annex to, such school.
2.16 "School
Administrative and Support Staff" means and includes persons employed as
Aboriginal Education Officers, School Support Officers, School Administrative
Officers, School Administrative Managers, School Learning Support Officers,
School Learning Support Officers (Braille Transcriber), School Learning Support
Officers (Sign Interpreter), School Learning Support Officers (Ethnic) and
School Learning Support Officers (Pre-School).
2.17 "School
day" means any weekday during school terms, as specified by the Secretary.
2.18 "School for
specific purposes" means a school which is classified as such by the
Secretary and is established under the Education Act 1990 to provide
education for students with disabilities.
2.19 "Secretary"
means the Secretary of the Department of Education.
2.20 "Service"
means service as determined by the Secretary.
2.21 "Short-term
temporary employee" means a member of the School Administrative and
Support Staff employed by the Secretary on a temporary basis, either full-time
or part-time, under section 21 of the Act, for a period of one school term or
less.
2.22 "Western,
Central and Eastern Divisions" means those areas of New South Wales as
described in Section 4 of the Crown Lands Act 1989.
2.23 Domestic
Violence means domestic violence as defined in the Crimes (Domestic and
Personal Violence) Act 2007.
3. Anti-Discrimination
3.1 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.
3.2 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.
3.3 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.
3.4 Nothing in this
clause is to be taken to affect:
3.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
3.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
3.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
3.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
3.5 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.
Notes
(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."
4. Classifications
4.1 The
classifications of School Administrative and Support Staff are as follows:
4.1.1 School
Administrative Manager (formerly senior school assistant)
(i) The
classification of School Administrative Manager is comprised of four levels;
(ii) The level of
a School Administrative Manager position is determined as follows:
|
No. of equivalent
full-time School Administrative Manager, School
|
Level
|
Administrative
Officers and School Support Officers allocated to the school
|
|
by staffing formula
|
Level 1
|
Less than 1.4
|
Level 2
|
1.4 - less than 1.8
|
Level 3
|
1.8 - less than 10
|
Level 4
|
10 or more
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(iii) The level for
a School Administrative Manager in a school for specific purposes is determined
as follows:
(a) A notional number
of students is determined by multiplying the number of effective full-time
teaching staff to which a school for specific purposes is entitled by 30.
(b) The notional
number of students is then applied to the primary school allocation formula to
determine a notional number of School Administrative Managers, School
Administrative Officers and School Support Officers and thus which level of
School Administrative Manager is to apply.
4.1.2 School
Administrative Officer (formerly school assistant)
4.1.3 School Support
Officer
4.1.4 Aboriginal
Education Officer (formerly Aboriginal education assistant)
4.1.5 School Learning
Support Officer (formerly Teachers aide (special))
4.1.6 School Learning
Support Officer (Braille Transcriber) (formerly Teachers aide (Braille
Transcriber))
4.1.7 School Learning
Support Officer (Sign Interpreter) (formerly Teachers aide (Sign Interpreter))
4.1.8 School Learning
Support Officer (Ethnic) (formerly Teachers aide (Ethnic))
4.1.9 School Learning Support
Officer (Pre-School) (formerly Teachers aide (pre-school))
5. Rates of Pay
5.1 The rates of
pay that apply to classifications of School Administrative and Support Staff
other than Aboriginal Education Officers are set out in Schedule 1 of Part B.
5.2 The rates of
pay that apply to Aboriginal Education Officers are set out in Schedule 2 of
Part B.
5.3 The rates of
pay for School Administrative Managers, School Administrative Officers, School
Support Officers and Aboriginal Education Officers are equivalent to
administrative and clerical classifications on a pro rata basis as follows:
5.3.1 School Support
Officer is equivalent to general scale clerk, year 5
5.3.2 School
Administrative Officer is equivalent to general scale clerk, year 9
5.3.3 School
Administrative Manager level 1 is equivalent to clerk grade 2, year 1
5.3.4 School
Administrative Manager level 2 is equivalent to clerk grade 2, year 2
5.3.5 School
Administrative Manager level 3 is equivalent to clerk grade 3, year 1
5.3.6 School
Administrative Manager level 4 is equivalent to clerk grade 3, year 2.
5.3.7 Aboriginal
Education Officer is equivalent to clerk grade 1/2
5.4 During the term
of this award, the rates of pay as set out in Schedules 1 and 2 will be adjusted
to reflect increases in any equivalent classifications under the Crown
Employees (Public Sector - Salaries 2015) Award and any successor instrument to
that award.
5.5 The hourly
rates of pay for permanent employees set out in Schedule 1 and Schedule 2 of
Part B provide for 26 equal pays over the period of a year as follows:
Hourly rate
|
x
|
weekly hours of
work
|
x
|
52.17857
|
|
|
26
|
|
|
5.6 A permanent
employee's extended leave will be paid at the hourly rate of pay specified in Schedule
1 and Schedule 2 of Part B, multiplied by 1.058.
5.7 A long-term
temporary employee's hourly rate of pay is determined by multiplying the hourly
rate of pay of a permanent employee by 1.058.
5.8 A short-term
temporary employee's hourly rate of pay is determined by multiplying the hourly
rate of pay of a permanent employee by 1.15.
This loaded hourly rate of pay incorporates a payment in lieu of a
recreation leave entitlement.
5.9 Salary
Packaging Arrangements, including Salary Sacrifice to Superannuation
An employee may elect, subject to the agreement of the
Department, to enter into a Salary Packaging Arrangement in accordance with the
provisions of clause 5 of the Crown Employees (Public Sector - Salaries 2015) Award
or any variation or replacement award.
6. Increments
6.1 The payment of
increments, where applicable, under the rates of pay prescribed in Schedule 1
and Schedule 2 of Part B shall be subject to approval by the Secretary's
delegate.
6.2 Subject to
satisfactory performance, permanent and temporary School Learning Support
Officers, School Learning Support Officers (Braille Transcriber), (Ethnic),
(Sign Interpreter) (Pre-School) and Aboriginal Education Officers (subject to
transitional arrangements prescribed in clause 6.3) may progress along the
relevant incremental rate of pay scale as follows:
6.2.1 Permanent adult
employees, irrespective of the number of hours worked in a week, are eligible
to receive an increment at the completion of each year of continuous
employment.
6.2.2 Temporary adult
employees continuously employed, irrespective of the number of hours worked in
a week, are eligible to receive an increment at the completion of each year of
continuous employment.
6.2.3 Permanent and temporary
junior employees commence on junior rates and progress to the next increment on
completion of 12 months' service or at age 20.
7. Hours
7.1 The normal
hours of work for full-time employees shall not exceed 31 hours 15 minutes per
week between 8.00 am and 4.30 pm on school days, provided that:
7.1.1 full-time School
Administrative Managers shall work 33 hours 20 minutes per week;
7.1.2 former Library
Clerical Assistants covered by the 1988 agreement may continue to work 36.25
hours per week.
7.2 Starting and
finishing times of employees shall be as determined by the principal in
agreement with an employee or employees to suit the needs of the school.
7.3 Normal hours of
work shall be structured to avoid broken periods of duty, i.e. there shall be
no split shifts.
7.4 The actual
hours worked by an employee in any week may, by agreement between the principal
and the employee, be averaged over periods of up to 10 weeks between the hours
of 7.30 am and 6.00 pm; provided that the total hours worked in a 10 week
period are:
7.4.1 312 hours 30
minutes for full-time employees working 31 hours 15 minutes per week; or
7.4.2 333 hours 20
minutes for full-time employees working 33 hours 20 minutes per week; or
7.4.3 362 hours 30 minutes
for full-time employees working 36 hours 15 minutes per week.
The pattern of hours worked by an employee under such
an arrangement must be approved by the principal taking into account the needs
of the school.
8. Meal Breaks
8.1 Employees who work
not less than four hours per day shall be entitled to an unpaid lunch break of
not less than 30 minutes each day.
8.2 Employees who
work more than two hours from the commencement of the school day shall be
entitled to a paid morning tea break of 10 minutes each day.
8.3 To meet the
needs of the school, the principal may vary the time at which the lunch and
morning tea breaks are taken and may stagger lunch breaks.
8A. Lactation Breaks
8A.1 This clause
applies to employees who are lactating mothers.
A lactation break is provided for breastfeeding, expressing milk or
other activity necessary to the act of breastfeeding or expressing milk and is
in addition to any other rest period and meal break as provided for in this
award.
8A.2 A full-time
employee or a part-time employee working more than 4 hours per day is entitled
to a maximum of two paid lactation breaks of up to 30 minutes each per day.
8A.3 A part-time
employee working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
8A.4 A flexible
approach to lactation breaks can be taken by mutual agreement between an
employee and their supervisor provided the total lactation break time
entitlement is not exceeded. When giving
consideration to any such requests for a flexibility, a supervisor needs to
balance the operational requirements of the organisation with the lactating
needs of the employee.
8A.5 The Department
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
8A.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable
to provide these facilities, discussions between the supervisor and employee
will take place to attempt to identify reasonable alternative arrangements for
the employee's lactation needs.
8A.7 Employees
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association's Breastfeeding Helpline Service or the
Public Health System.
8A.8 Employees needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise sick leave in accordance with subclause 16.9 Sick Leave of this
award or, where applicable, through the operation of the provisions of
subclause 7.4 of this award.
9. Allowances
9.1 First-aid
Allowance
9.1.1 A first-aid
allowance as set out in Item 1 of Schedule 3 of Part B is payable to approved
employees holding a current St John Ambulance First-aid Certificate or its
equivalent for undertaking first-aid duties.
9.2 Administration
of Prescribed Medications Allowance
9.2.1 An
administration of prescribed medications allowance as set out in Item 2 of
Schedule 3 of Part B is payable to approved employees who have agreed to
administer prescribed medications and have completed appropriate training. The allowance is paid only on days worked.
9.3 Health Care
Procedures Allowance
9.3.1 A health care
procedures allowance as set out in Item 3 of Schedule 3 of Part B is payable to
approved School Learning Support Officers who have agreed to perform health
care procedures in accordance with agreed Department and Association guidelines
and who have completed appropriate training.
The allowance is paid only on days worked.
10. Appointments
10.1 Provisions
relating to the appointment of employees shall be as set out below in
subclauses 10.2 to 10.6 of this clause.
10.2 School
Administrative Manager Positions
10.2.1 Where, in
accordance with paragraph 4.1.1 of clause 4, Classifications, the level of a
School Administrative Manager position is increased due to increased student
enrolments, the incumbent, if permanent, may be directly appointed to the
position on the recommendation of the principal and approval by the Director
Staffing Services or a delegated officer.
10.2.2 Where, in
accordance with the said paragraph 4.1.1, the level of a School Administrative Manager
position is reduced due to decreased student enrolments in a school:
(i) the level of
the position shall be placed on review from the commencement of Term 2 to the
completion of Term 1 the following school year;
(ii) the current
rate of pay and level of the incumbent of that position shall continue for the
period of review. The incumbent may apply for appointment to another school
during the review period;
(iii) should
student enrolments not increase in the school on the conclusion of the review
period, the incumbent of the position may:
(a) be directly
appointed to the nearest suitable vacancy of an equal level;
(b) request
retention in the current position at the lower level; or
(c) apply for
appointment to a School Administrative Officer position. Such applications will
be given priority over School Administrative Officer transfer applications.
10.2.3 Where the
processes in 10.2.1 or 10.2.2 do not result in an appointment, transfer
applications on compassionate grounds from permanent School Administrative
Managers shall be considered.
10.2.4 Where the transfer
process does not result in an appointment, the position shall be filled by
merit selection following internal advertisement within the Department. All
permanent employees, whether full-time or part-time, are eligible to apply.
10.2.5 Where
the selection panel does not recommend an appointment following internal
advertisement, the position may be advertised in the press.
10.3 School
Administrative Officer Positions
10.3.1 Where a decrease
in student enrolments reduces the formula allocation for permanent School
Administrative Officer positions the incumbents of the positions will be given
priority for transfer to a School Administrative Officer position.
10.3.2 Where the processes
in 10.2.2 (iii) (c) and 10.3.1 do not result in an appointment, transfer
applications on compassionate grounds from permanent School Administrative
Officers shall be considered.
10.3.3 Long term
temporary staff members who express interest in permanent employment and meet
the criteria described in Determination 1 of 2011 Long Term Temporary School
Administrative and Support Staff Staffing Procedures shall be appointed but
only following priority consideration being given to any existing permanent staff
in accordance with sub clause 10.2.2 (iii) (c ), 10.3.1 and 10.3.2.
10.3.4 Where the
processes in 10.2.2 (iii) (c), 10.3.1, 10.3.2 and 10.3.3 do not result in an
appointment, applications for transfer from permanent School Administrative
Officers shall be considered.
10.3.5 Where the
processes in 10.2.2 (iii) (c), 10.3.1, 10.3.2, 10.3.3 and 10.3.4 do not result
in an appointment, the position shall be filled by merit selection following
press advertisement.
10.4 School Support
Officer Positions
10.4.1 Where a decrease
in student enrolments reduces the formula allocation for permanent School
Support Officer positions the incumbents of the positions will be given
priority for transfer to a School Support Officer position.
10.4.2 Where the process
in 10.4.1 does not result in an appointment, transfer applications on
compassionate grounds from permanent School Support Officer shall be
considered.
10.4.3 Long term
temporary staff members who express interest in permanent employment and meet
the criteria described in Determination 1 of 2011 Long Term Temporary School
Administrative and Support Staff Staffing Procedures shall be appointed but
only following priority consideration being given to any existing permanent
staff in accordance with sub clause 10.4.1 and 10.4.2.
10.4.4 Where the
processes in 10.4.1, 10.4.2 and 10.4.3 do not result in an appointment,
applications for transfer from permanent School Support Officers shall be
considered.
10.4.5 Where the
processes in 10.4.1, 10.4.2, 10.4.3 and 10.4.4 do not result in an appointment,
the position shall be filled by merit selection following press advertisement.
10.5 School Learning
Support Officer Positions
10.5.1 Where a decrease
in student enrolments reduces the formula allocation for permanent School
Learning Support Officer positions the incumbents of the positions will be
given priority for transfer to a School Learning Support Officer position.
10.5.2 Where the process
in 10.5.1 does not result in an appointment, transfer applications on compassionate
grounds from permanent School Learning Support Officers shall be considered.
10.5.3 Long term
temporary staff members who express interest in permanent employment and meet
the criteria described in Determination 1 of 2011 Long Term Temporary School
Administrative and Support Staff Staffing Procedures shall be appointed but
only following priority consideration being given to any existing permanent
staff in accordance with sub clause 10.5.1 and 10.5.2.
10.5.4 Where the
processes in 10.5.1, 10.5.2 and 10.5.3 do not result in an appointment,
applications for transfer from permanent School Learning Support Officer shall
be considered.
10.5.5 Where the
processes in 10.5.1, 10.5.2, 10.5.3 and 10.5.4 do not result in an appointment,
the position shall be filled by merit selection following press advertisement.
10.6 Aboriginal
Education Officer Positions
10.6.1 Where a decrease
in student enrolments reduces the formula allocation for permanent Aboriginal Education
Officer positions the incumbents of the positions will be given priority for
transfer to an Aboriginal Education Officer position.
10.6.2 Where the process
at 10.6.1does not result in an appointment, transfer applications on
compassionate grounds from permanent Aboriginal Education Officer shall be
considered.
10.6.3 Long term
temporary staff members who express interest in permanent employment and meet
the criteria described in Determination 1 of 2011- Long Term Temporary School
Administrative and Support Staff Staffing Procedures shall be appointed but
only following priority consideration being given to any existing permanent
staff in accordance with sub clause 10.6.1 and 10.6.2.
10.6.4 Where the
processes in 10.6.1, 10.6.2 and 10.6.3 do not result in an appointment,
applications for transfer from permanent Aboriginal Education Officers shall be
considered.
10.6.5 Where the
processes in 10.6.1, 10.6.2, 10.6.3 and 10.6.4 do not result in an appointment,
the position shall be filled by merit selection following internal
advertisement within the Department and the press.
11. Training and
Development
11.1 The Department
and the Association confirm a commitment to training and development for all
employees. Employees recognise their
obligation to maintain and update their skills.
The Department recognises its obligation to provide employees with
opportunities to maintain and update their skills.
11.2 Employees shall
be provided with opportunities for training and development so that they will
form a highly skilled, competent and committed workforce, experiencing job
satisfaction and providing high quality service.
11.3 Training and
development will be based on:
11.3.1 identified
competencies in accordance with the NSW Public Sector Capability Framework;
11.3.2 a focus on both
current and future job needs and career path planning; and
11.3.3 recognition of
each person's prior learning and building on this through the acquisition of
new competencies.
11.4 Employees
attending approved training and development activities during the hours of 7.30
am to 6.00 pm on a school day shall be regarded as being on duty.
11.5 Approved
training and development activities shall be conducted, wherever possible,
during the hours of 7.30 am to 6.00 pm on a school day. When employees attend departmentally approved
training activities conducted outside these hours, they are eligible to be paid
overtime in accordance with provisions contained in clause 18, Overtime.
11.6 Employees shall be
entitled to reimbursement of any actual necessary expenses regarding travel,
meals and accommodation incurred in attending training and development
activities.
12. Higher Duties
Allowance
12.1 A permanent or
long-term temporary employee who is directed to carry out a period of relief in
a higher position for a period of five consecutive days or more shall be paid a
higher duties allowance subject to:
12.1.1 satisfactory
performance of the whole of the duties and assuming the whole of the
responsibilities which would ordinarily be performed and assumed by the
employee appointed to that position; and
12.1.2 the allowance paid
will be the difference between the present rate of pay of the employee and the
rate of pay to which they would have been entitled if appointed to that
position; or
12.1.3 where the employee
does not assume the whole of the duties and responsibilities of the position,
the amount of any allowance will be determined by the principal as a proportion
of the duties and responsibilities which are satisfactorily undertaken.
12.2 Employees who
have relieved continuously for 12 calendar months or more, inclusive of school
vacation periods, in the same higher-graded position are eligible for the
payment of higher duties allowance for any leave which is taken during the
ongoing period of relief.
13. Performance
Management
13.1 The objective of
performance management is to enhance the performance of the Department and to
support the career development and aspirations of employees. All employees need to understand the role,
accountabilities and performance standards that are expected of them. All employees are entitled to feedback and
constructive support to improve performance.
14. Flexible Work
Organisation
14.1 The Department
and the Association agree to facilitate flexible work organisation in schools
as follows:
14.1.1 The principal or
employees in a school or other workplace may seek to vary its organisation in
order to improve service to students and/or to improve employees’ working
arrangements, provided that:
(i) the proposal
can be implemented within the school's current overall staffing entitlement;
(ii) the proposal
has the concurrence of the principal (or other responsible officer) and the
majority of the employees;
(iii) the majority
of the employees directly affected by the proposal concur;
(iv) consultation
with staff, parents, students and relevant community groups is undertaken where
appropriate; and
(v) consideration
is given to equity and gender and family issues involved in the proposal.
15. Dispute and
Grievance Resolution Procedures
15.1 Subject to the
provisions of the Industrial Relations Act 1996, should any dispute
(including a question or difficulty) about an industrial matter arise, then the
following procedures shall apply:
15.1.1 Should any
dispute, question or difficulty arise as to matters occurring in a particular
workplace, then the employee and/or Association workplace representative will
raise the dispute, question or difficulty with the principal/supervisor as soon
as practicable.
15.1.2 The
principal/supervisor will discuss the matter with the employee and/or
Association representative within two working days with a view to resolving the
dispute, question or difficulty or by negotiating an agreed method and time
frame for proceeding.
15.1.3 Should the above
procedure be unsuccessful in producing a resolution of the dispute, question or
difficulty or should the matter be of a nature which involves multiple
workplaces, then the individual employee or the Association may raise the
matter with an appropriate officer of the Department with a view to resolving
the dispute, question or difficulty or negotiating an agreed method and time
frame for proceeding.
15.1.4 Where the
procedures in paragraph 15.1.3 of this subclause do not lead to resolution of
the dispute, question or difficulty, the matter will be referred to the
Director of Industrial Relations of the Department and the General Secretary of
the Association. They or their nominees
will discuss the dispute, question or difficulty with a view to resolving the
matter or by negotiating an agreed method and time frame for proceeding.
15.1.5 Should the above
procedures not lead to a resolution, then either party may make application to
the Industrial Relations Commission of New South Wales.
16. Leave
16.1 Adoption,
Maternity and Parental Leave
16.1.1 Maternity
leave shall apply to an employee who is pregnant and, subject to this clause
the employee shall be entitled to be granted maternity leave as follows:
(i) For a period
up to 9 weeks prior to the expected date of birth; and
(ii) For a further
period of up to 12 months after the actual date of birth.
(iii) An employee who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
16.1.2 Adoption
leave shall apply to an employee adopting a child and who will be the primary
care giver, the employee shall be granted adoption leave as follows:
(i) For a period
of up to 12 months if the child has not commenced school at the date of the
taking of custody; or
(ii) For such
period, not exceeding 12 months on a full-time basis, as the Secretary may
determine, if the child has commenced school at the date of the taking of
custody.
(iii) An employee
shall be entitled to special adoption leave (without pay) for up to 2 days to
attend interviews or examinations for the purposes of adoption. Special
adoption leave may be taken as a charge against recreation leave, extended
leave or family and community service leave, or organised through hours
averaging provisions if applicable.
16.1.3 Parental
leave shall apply to male and female staff to look after his/her child or
children where maternity or adoption leave does not apply. Parental leave applies for a period not
exceeding 12 months. Parental leave may
commence at the time of the birth of the child or other termination of the
spouse’s or partner’s pregnancy or, in the case of adoption, from the date of
taking custody of the child or children or at any time up to 2 years from that
date.
16.1.4 An
employee taking maternity or adoption leave is entitled to payment at the
ordinary rate of pay for a period of 14 weeks, an employee entitled to parental
leave is entitled to payment at the ordinary rate of pay for a period of up to
1 week, provided the employee:
(i) Applied for
maternity, adoption or parental leave within the time and in the manner
determined set out in paragraph 16.1.9 of this clause; and
(ii) Prior to the
commencement of maternity, adoption or parental leave, completed not less than
40 weeks' continuous service.
(iii) Payment for
the maternity, adoption or parental leave may be made as follows:
(a) in advance as
a lump sum; or
(b) fortnightly as
normal; or
(c) fortnightly at
half pay; or
(d) a combination
of full-pay and half pay.
16.1.5 Payment
for maternity, adoption or parental leave is at the rate applicable when the leave
is taken. An employee holding a full time position who is on part time leave
without pay when they start leave is paid:
(i) at the full
time rate if they began part time leave 40 weeks or less before starting
maternity, adoption or parental leave;
(ii) at the part
time rate if they began part time leave more than 40 weeks before starting
maternity, adoption or parental leave and have not changed their part time work
arrangements for the 40 weeks;
(iii) at the rate
based on the average number of weekly hours worked during the 40 week period if
they have been on part time leave for more than 40 weeks but have changed their
part time work arrangements during that period.
16.1.6 An
employee who commences a subsequent period of maternity or adoption leave for
another child within 24 months of commencing an initial period of maternity or
adoption leave will be paid:
(i) at the rate
(full time or part time) they were paid before commencing the initial leave if
they have not returned to work; or
(ii) at a rate
based on the hours worked before the initial leave was taken, where the staff
member has returned to work and reduced their hours during the 24 month period;
or
(iii) at a rate
based on the hours worked prior to the subsequent period of leave where the
staff member has not reduced their hours.
16.1.7 Except
as provided in paragraphs 16.1.4, 16.1.5 and 16.1.6 of this clause, maternity,
adoption or parental leave shall be granted without pay.
16.1.8 Right
to request
(i) An employee
who has been granted maternity, adoption or parental leave in accordance with
paragraphs 16.1.1, 16.1.2 or 16.1.3 may make a request to the Secretary to:
(a) extend the
period of simultaneous unpaid leave use up to a maximum of eight weeks in cases
where partners wish to take maternity/adoption leave and parental leave;
(b) extend the
period of unpaid maternity, adoption or parental leave for a further continuous
period of leave not exceeding 12 months;
(c) return from a period
of full time maternity, adoption or parental leave on a part time basis until
the child reaches school age (Note: returning to work from maternity, adoption
or parental leave on a part time basis includes the option of returning to work
on part time leave without pay);
to assist the employee in reconciling work and parental
responsibilities.
(ii) The Secretary
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the Secretary’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
16.1.9 Notification
Requirements
(i) When the
Secretary is made aware that an employee or their spouse is pregnant or
adopting a child the Secretary must inform the employee of their entitlements
and their obligations under the Award.
(ii) An employee
who wishes to take maternity, adoption or parental leave must notify the
Secretary in writing at least 8 weeks (or as soon as practicable) before the
expected commencement of maternity, adoption or parental leave:
(a) that she/he
intends to take maternity, adoption or parental leave, and
(b) the expected
date of birth or the expected date of placement, and
(c) if she/he is
likely to make a request under paragraph 16.1.8.
(iii) At least 4
weeks before an employee's expected date of commencing maternity, adoption or
parental leave they must advise:
(a) the date on
which the maternity, adoption or parental leave is intended to start, and
(b) the period of
leave to be taken.
(iv) Employee’s
request and the Secretary’s decision to be in writing.
The employee’s request and the Secretary’s decision
made under 16.1.9(i) and 16.1.9(ii) must be recorded in writing.
(v) An employee
intending to request to return from maternity, adoption or parental leave on a part
time basis or seek an additional period of leave of up to 12 months must notify
the Secretary in writing as soon as practicable and preferably before beginning
maternity, adoption or parental leave. If the notification is not given before
commencing such leave, it may be given at any time up to 4 weeks before the
proposed return on a part time basis, or later if the Secretary agrees.
(vi) An employee on
maternity leave is to notify the Secretary of the date on which she gave birth
as soon as she can conveniently do so.
(vii) An employee
must notify the Secretary as soon as practicable of any change in her
intentions as a result of premature delivery or miscarriage.
(viii) An employee on
maternity or adoption leave may change the period of leave or arrangement, once
without the consent of the Secretary and any number of times with the consent
of the Secretary. In each case she/he must give the Secretary at least 14 days
notice of the change unless the Secretary decides otherwise.
16.1.10 An
employee has the right to her/his former position if she/he has taken approved
leave or part time work in accordance with paragraph 16.1.8, and she/he resumes
duty immediately after the approved leave or work on a part time basis.
16.1.11 If the
position occupied by the employee immediately prior to the taking of maternity,
adoption or parental leave has ceased to exist, but there are other positions
available that the employee is qualified for and is capable of performing, the
employee shall be appointed to a position of the same grade and classification
as the employee’s former position.
16.1.12 An
employee who has returned to full time duty without exhausting their
entitlement to 12 months unpaid maternity, adoption or parental leave is
entitled to revert back to such leave. This may be done once only, and a
minimum of 4 weeks notice (or less if acceptable to the Secretary) must be
given.
16.1.13 An
employee who is sick during her pregnancy may take available paid sick leave or
accrued recreation or extended leave or sick leave without pay. An employee may
apply for accrued recreation leave, extended leave or leave without pay before
taking maternity leave. Any leave taken before maternity leave ceases at the
end of the working day immediately preceding the day she starts her nominated
period of maternity leave or on the working day immediately preceding the date
of birth of the child, whichever is sooner.
16.1.14 An
employee may elect to take available recreation leave or extended leave within
the period of maternity, adoption or parental leave provided this does not
extend the total period of such leave.
16.1.15 An
employee may elect to take available recreation leave at half pay in
conjunction with maternity, adoption or parental leave subject to:
(i) accrued recreation
leave at the date leave commences is exhausted within the period of maternity,
adoption or parental leave
(ii) the total
period of maternity, adoption or parental leave, is not extended by the taking
of recreation leave at half pay
(iii) when calculating
other leave accruing during the period of recreation leave at half pay, the
recreation leave at half pay shall be converted to the full time equivalent and
treated as full pay leave for accrual of further recreation, extended and other
leave at the full time rate.
16.1.16 If, for
any reason, a pregnant employee is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Secretary should, in consultation with the employee, take all reasonable
measures to arrange for safer alternative duties. This may include, but is not
limited to greater flexibility in when and where duties are carried out, a
temporary change in duties, retraining, multi-skilling, teleworking and job
redesign.
16.1.17 If such
adjustments cannot reasonably be made, the Secretary must grant the employee
maternity leave, or any available sick leave, for as long as it is necessary to
avoid exposure to that risk as certified by a medical practitioner, or until
the child is born, whichever is the earlier.
16.1.18 Communication
during maternity, adoption or parental leave
(i) Where an
employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the Secretary
shall take reasonable steps to:
(a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held before commencing maternity, adoption or
parental leave; and
(b) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing maternity, adoption or parental leave.
(ii) The employee
shall take reasonable steps to inform the Secretary about any significant
matter that will affect the employee’s decision regarding the duration of
maternity, adoption or parental leave to be taken, whether the employee intends
to return to work and whether the employee intends to request to return to work
on a part time basis.
(iii) The employee
shall also notify the Secretary of changes of address or other contact details
which might affect the Secretary’s capacity to comply with subparagraph 16.1.18(i).
16.2 Annual Leave
Loading
16.2.1 A permanent or
long-term temporary employee is entitled to payment of an annual leave loading
of 17½ per cent on the monetary value of up to four weeks' recreation leave
accrued in a leave year, subject to the provisions set out in paragraphs 16.2.2
to 16.2.4 of this subclause.
16.2.2 Where additional
leave is accrued by a permanent or long-term temporary employee stationed in an
area of the State of New South Wales which attracts a higher rate of annual
leave accrual, the annual leave loading shall continue to be paid on a maximum
of four weeks' leave.
16.2.3 For the
calculation of the annual leave loading, the leave year shall commence at the
beginning of term one each year and shall end at the end of term four.
16.2.4 Payment of the
annual leave loading shall be made on the recreation leave accrued during the
previous leave year. Except in cases of
voluntary redundancy, proportionate leave loading is not payable on cessation
of employment.
16.3 Extended Leave
16.3.1 A permanent or
long-term employee shall be entitled to extended leave of 44 working days on
full pay after completing 10 years of service and a further 11 working days for
each completed year of service after 10 years.
16.3.2 Payment for extended
leave for permanent employees is calculated using the hourly rates designated
in Schedule 1 multiplied by a factor of 1.058.
16.3.3 Part-time
permanent and long-term temporary employees shall receive a pro rata proportion
of the full-time entitlement.
16.3.4 Permanent and long
term temporary employees with 7 years or more service are entitled to take (or
be paid out on resignation) extended leave.
The amount of leave available is that which would have applied if pro
rata leave was granted.
16.3.5 Public holidays
that fall whilst a permanent or long term temporary employee is on a period of
extended leave are paid and not debited from an employee’s leave entitlement.
16.3.6 Permanent and long
term temporary employees with an entitlement to extended leave may elect to
take leave at double pay.
16.4 Family and
Community Service Leave
16.4.1 The Secretary
shall grant to a permanent or long term temporary employee some, or all of
their accrued family and community service leave on full pay, for reasons
relating to unplanned and emergency family responsibilities or other
emergencies as described in subclause 16.4.2 of this clause. The Secretary may
also grant leave for the purposes in subclause 16.4.3 of this clause.
Non-emergency appointments or duties shall be scheduled or performed outside of
normal working hours or through approved use of appropriate leave.
16.4.2 Such unplanned and
emergency situations may include, but not be limited to, the following:
(i) Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
(ii) Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
(iii) Emergency or
weather conditions; such as when flood, fire, snow or disruption to utility
services etc, threatens a staff members property and/or prevents a staff member
from reporting for duty;
(iv) Attending to
unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by child care
providers;
(v) Attendance at
court by a staff member to answer a charge for a criminal offence, only if the
Department Head considers the granting of family and community service leave to
be appropriate in a particular case.
16.4.3 Family and
community service leave may also be granted for:
(i) An absence during
normal working hours to attend meetings, conferences or to perform other
duties, for staff members holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the staff member does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
(ii) Attendance as
a competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State.
16.4.4 Family and
community service leave shall accrue as follows:
1. two and a half
days in the staff members first year of service;
2. two and a half
days in the staff members second year of service; and
3. one day per
year thereafter.
16.4.5 If available
family and community service leave is exhausted as a result of natural
disasters, the Secretary shall consider applications for additional family and
community service leave, if some other emergency arises. On the death of a
person defined in paragraph 16.7.3 of this clause, additional paid family and
community service leave of up to two days may be granted on a discrete, per
occasion basis to a permanent or long-term temporary employee
16.4.6 In cases of illness
of a family member for whose care and support the employee is responsible, paid
sick leave in accordance with subclause 16.7 of this clause shall be granted
when paid family and community service leave has been exhausted or is
unavailable.
16.5 Leave Without
Pay
16.5.1 The Secretary may
grant leave without pay to a permanent or long-term temporary employee if good
and sufficient reason is shown.
16.5.2 Leave without pay
may be granted on a full-time or a part-time basis.
16.5.3 For leave up to and
including a period of 12 months, a permanent employee has a right of return to
the same school at their same classification.
For periods in excess of 12 months and up to and including three years,
a permanent employee has a right of return to the nearest suitable vacancy to
their previous school.
16.5.4 Leave without pay
may be granted to long-term temporary employees, provided it does not extend
beyond the end of the school year in which it is taken.
16.5.5 Where a permanent
or long-term temporary employee is granted leave without pay for a period not
exceeding 10 consecutive working days, the employee shall be paid for any
proclaimed public holidays falling during such leave without pay.
16.5.6 Where a permanent or
long-term temporary employee is granted leave without pay which, when
aggregated, does not exceed five working days in a period of 12 months, such
leave shall count as service for incremental progression and accrual of
recreation leave.
16.5.7 A permanent or
long-term temporary employee who has been granted leave without pay shall not
engage in private employment of any kind during the period of leave without
pay, unless prior approval has been obtained from the Secretary.
16.5.8 A permanent or
long-term temporary employee shall not be required to exhaust accrued paid
leave before proceeding on leave without pay but, if the employee elects to
combine all or part of accrued paid leave with leave without pay, the paid
leave shall be taken before leave without pay.
16.5.9 A permanent
appointment may be made to the employee’s position if:
(i) the leave
without pay has continued or is likely to continue beyond the original period
of approval and is for a total period of more than 12 months; and
(ii) the employee
is advised of the Secretary’s proposal to permanently backfill their position;
and
(iii) the employee
is given a reasonable opportunity to end the leave without pay and return to
their position; and
(iv) the Secretary
advised the employee at the time of the subsequent approval that the position
will be filled on a permanent basis during the period of leave without pay.
16.5.10 The
position cannot be filled permanently unless the above criteria are satisfied.
16.5.11 The
employee does not cease to be employed by the Secretary if their position is
permanently backfilled.
16.5.12 Paragraph
16.5.9 of this subclause does not apply to full time unpaid parental leave
granted in accordance with subclause 16.1 Adoption, Maternity and Parental
Leave or to military leave.
16.6 Military Leave
16.6.1 During the period
of 12 months commencing on 1 July each year, the Secretary may grant to a
permanent or long-term temporary employee who is a volunteer part-time member
of the Defence Forces, military leave on full pay to undertake compulsory
annual training and to attend schools, classes or courses of instruction
conducted by the employee’s unit.
16.6.2 Up to 24 working
days' military leave per financial year may be granted by the Secretary to
members of the Naval and Military Reserves and up to 28 working days per
financial year to members of the Air Force Reserve for the activities specified
in paragraph 16.7.1 of this subclause.
16.6.3 At the expiration of
military leave, the employee shall furnish to the principal a certificate of
attendance signed by the commanding officer or other responsible officer.
16.7 Personal Carers
Leave
Use of Sick Leave to Care for a Family Member
Where family and community service leave provided for
in subclause 16.4 of this clause is exhausted or unavailable, a permanent or
long-term temporary employee with responsibilities in relation to a category of
person set out in paragraph 16.7.3 of this subclause who needs the employee's
care and support, may elect to use available paid sick leave, subject to the
conditions specified in this subclause, to provide such care and support when a
family member is ill.
16.7.1 The sick leave
shall initially be taken from the sick leave accumulated over the previous
three years. In special circumstances, the Secretary may grant additional sick
leave from the sick leave accumulated during the employee’s eligible service.
16.7.2 If required by the
Secretary to establish the illness of the person concerned, the employee must
provide evidence consistent with paragraph 16.10.1 of this clause.
16.7.3 The entitlement to use sick
leave in accordance with this subclause is subject to:
(i) the employee being
responsible for the care and support of the person concerned; and
(ii) the person concerned
being:
(a) a spouse of the
employee; or
(b) a de facto spouse, being
a person of the opposite sex to the employee who lives with the employee as her
husband or his wife on a bona fide domestic basis although not legally married
to that employee; or
(c) a child or an adult
child (including an adopted child, a stepchild, a foster child or an ex nuptial
child), parent (including a foster parent or legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
(d) a same sex partner who
lives with the employee as the de facto partner of that employee on a bona fide
domestic basis; or
(e) a relative of the
employee who is a member of the same household where, for the purposes of this
definition:
"relative" means a person related by
blood, marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living
in the same domestic dwelling.
Use of recreation leave to care for a family member
16.7.4 A permanent or long term
temporary employee may elect, with the consent of the Secretary, to take
recreation leave not exceeding 10 days in single day periods, or part thereof,
in any calendar year at a time or times agreed by the parties.
16.7.5 A permanent or long term
temporary employee may elect, with the consent of the Secreatary, to take
recreation leave at any time within a period of 24 months from the date at
which it falls due.
16.8 Recreation
Leave
16.8.1 Full-time
permanent and long-term temporary employees accrue 20 days' recreation leave
per year. Full-time permanent and
long-term temporary employees in the central and western divisions of New South
Wales accrue 25 days' recreation leave per year.
16.8.2 Part-time
permanent and long-term temporary employees receive a pro rata proportion of
the full-time entitlement.
16.8.3 Recreation leave
for permanent or long-term temporary employees is paid during the initial four
weeks (five weeks central and western divisions) of the summer school holidays
(excluding public holidays).
16.9 Sick Leave
16.9.1 If the Secretary
is satisfied that a permanent or long-term temporary employee is unable to
perform duty because of the employee’s illness or the illness of a member of
their family, the Secretary:
(i) shall grant
to the employee sick leave on full pay; and
(ii) may grant to
the employee sick leave without pay if the absence exceeds the entitlement of
the employee under this award to sick leave on full pay.
16.9.2 Payment for sick
leave is subject to the employee:
(i) informing
their principal as soon as reasonably practicable that they are unable to perform
duty because of illness. This must be done as close to the employee’s starting
time as possible; and
(ii) providing
evidence of illness as soon as practicable if required by subclause 16.10 of
this clause.
16.9.3 The Secretary may
direct an employee to participate in a return to work program if the employee
has been absent on a long period of sick leave.
16.9.4 Entitlements. An employee appointed from the date of the
commencement of this award variation will immediately commence accruing sick leave
in accordance with this clause. Employees at the time of this award variation
will accrue sick leave in accordance with this clause from the beginning of the
2011 school year.
(i) At the
commencement of employment with the Department, a full time employee is granted
an accrual of five days sick leave.
(ii) After the
first four months of employment, the employee shall accrue sick leave at the
rate of ten working days per year for the balance of the first year of service.
(iii) After the
first year of service, the employee shall accrue sick leave day to day at the
rate of 15 working days per year of service.
(iv) All continuous
service as a permanent or long-term temporary employee shall be taken into
account for the purpose of calculating sick leave due. Where the service is not continuous, previous
periods of service shall be taken into account for the purpose of calculating
sick leave due if the previous sick leave records are available.
(v) Sick leave
without pay shall count as service for the accrual of recreation leave and paid
sick leave.
(vi) When
determining the amount of sick leave accrued, sick leave granted on less than
full pay shall be converted to its full pay equivalent.
16.9.5 Paid sick leave
which may be granted to a permanent and long-term temporary employee in the
first three months of service shall be limited to five days' paid sick leave,
unless the Secretary approves otherwise.
Paid sick leave in excess of five days granted in the first three months
of service shall be supported by a satisfactory medical certificate.
16.9.6 No paid sick leave
shall be granted to short-term temporary employees.
16.10 Sick Leave -
Requirements for Medical Certificate
16.10.1 A permanent
or long-term temporary employee absent from duty for more than two consecutive
working days because of illness must furnish evidence of illness to the
Secretary in respect of the absence.
16.10.2 In
addition to the requirements under sub-clause 16.9.2, an employee may absent
themselves for a total of five working days due to illness without the
provision of evidence of illness to the Secretary. Employees who absent
themselves in excess of five working days in a calendar year may be required to
furnish evidence of illness to the Secretary for each occasion absent for the
balance of the calendar year.
16.10.3 As a
general practice, backdated medical certificates will not be accepted. However,
if an employee provides evidence of illness that only covers the latter part of
the absence, they can be granted sick leave for the whole period if the
Secretary is satisfied that the reason for the absence is genuine.
16.10.4 If an
employee is required to provide evidence of illness for an absence of two consecutive
working days or less, the Secretary will advise them in advance.
16.10.5 If the
Secretary is concerned about the diagnosis described in the evidence of illness
produced by the employee, after discussion with the employee, the evidence
provided and the employee’s application for leave can be referred to the
Department’s nominated medical assessor for advice.
(i) The type of
leave granted to the employee will be determined by the Secretary based on the
advice of the Government or other approved medical assessor. the medical assessor’s
(ii) If sick leave
is not granted, the Secretary will, as far as practicable, take into account
the wishes of the employee when determining the type of leave granted.
16.10.6 The
granting of paid sick leave shall be subject to the employee providing evidence
which indicates the nature of the illness or injury and the estimated duration
of the absence. If an employee is concerned about disclosing the nature of the
illness to their principal they may elect to have the application for sick
leave dealt with confidentially by an alternate supervisor or the human
resources section of the Department.
16.10.7 The
reference in this subclause to evidence of illness shall apply, as appropriate:
(i) up to one
week may be provided by a registered dentist, optometrist, chiropractor,
osteopath, physiotherapist, oral and maxillo facial surgeon or, at the
Secretary's discretion, another registered health services provider; or
(ii) where the
absence exceeds one week and, unless the health provider listed in (i) above is
also a registered medical practitioner, applications for any further sick leave
must be supported by a medical certificate from a registered medical
practitioner; or
(iii) at the
Secretary’s discretion, other forms of evidence that satisfy that an employee
had a genuine illness.
16.10.8 If a
permanent or long-term temporary employee who is absent on recreation or
extended leave furnishes to the Secretary a satisfactory medical certificate in
respect of an illness which occurred during the leave, the Secretary may grant
sick leave to the employee if the period set out in the medical certificate is
five working days or more.
16.10.9 Paragraph
16.10.7 of this subclause applies to all permanent or long-term temporary employees
other than those on leave prior to resignation or termination of services,
unless the resignation or termination of services amounts to a retirement.
16.11 Sick Leave -
Workers Compensation
16.11.1 Pending
the determination of an employee’s workers compensation claim and on production
of an acceptable medical certificate, the Secretary shall grant sick leave on
full pay for which the employee is eligible, followed, if necessary, by sick
leave without pay or, at the employee’s election, by accrued recreation leave
or extended leave.
16.11.2 If
liability for the workers compensation claim is accepted, then an equivalent
period of any sick leave taken by the employee pending acceptance of the claim
shall be restored to the credit of the employee.
16.11.3 A
permanent or long-term temporary employee who continues to receive compensation
after the completion of the period of 26 weeks referred to in section 36 of the
Workers Compensation Act 1987 may use any accrued and untaken sick leave
to make up the difference between the amount of compensation payable under that
Act and the employee's ordinary rate of pay.
Sick leave utilised in this way shall be debited against the employee.
16.11.4 Before
approving the use of sick leave in this subclause, the Department must be
satisfied that the staff member is complying with the obligations imposed by
the Workplace Injury Management and Workers Compensation Act 1998 which
requires that the staff member must:
(i) participate
and cooperate in the establishment of the required injury management plan for
the staff member;
(ii) comply with
obligations imposed on the staff member by or under the injury management plan
established for the staff member;
(iii) when requested
to do so, nominate as their treating doctor for the purposes of the injury
management plan a medical practitioner who is prepared to participate in the
development of, and in the arrangements under, the plan;
(iv) authorise the
nominated treating doctor to provide relevant information to the insurer or the
Department for the purposes of the injury management plan; and
(v) make all
reasonable efforts to return to work as soon as possible, having regard to the
nature of the injury.
16.11.5 If an
employee notifies the Secretary that he or she does not intend to make a claim
for any such compensation, the Secretary shall consider the reasons for the
employee's decision and shall determine whether, in the circumstances, it is
appropriate to grant sick leave in respect of any such absence.
16.11.6 A
permanent or long-term temporary employee may be required to submit to a
medical examination under the Workers Compensation Act 1987 in relation
to a claim for compensation under that Act.
If an employee refuses to submit to a medical examination without an
acceptable reason, the employee shall not be granted available sick leave on
full pay until the examination has occurred and a medical certificate is issued
indicating that the employee is not fit to resume employment.
16.11.7 If the
Secretary provides the permanent or long-term temporary employee with
employment which meets the terms and conditions specified in the medical
certificate issued under the Workers Compensation Act 1987 and, without
good reason, the employee fails, to resume or perform such duties, the employee
shall be ineligible for all payments in accordance with this clause from the
date of the refusal or failure.
16.11.8 No
further sick leave shall be granted on full pay if there is a commutation of
weekly payments of compensation by the payment of a lump sum pursuant to
section 51 of the Workers Compensation Act 1987.
16.12 Sick Leave - other
than Workers Compensation
16.12.1 If the circumstances
of any injury to or illness of a permanent or long-term temporary employee give
rise to a claim for damages or to compensation, other than compensation under
the Workers Compensation Act 1987, sick leave on full pay may, subject
to and in accordance with this clause, be granted to the employee on completion
of an acceptable undertaking that:
(i) any such
claim, if made, will include a claim for the value of any period of paid sick
leave granted by the Department to the employee; and
(ii) in the event
that the employee receives or recovers damages or compensation pursuant to that
claim for loss of salary or wages during any such period of sick leave, the
employee will repay to the Department the monetary value of any such period of
sick leave.
16.12.2 Sick
leave on full pay shall not be granted to a permanent or long-term temporary
employee who refuses or fails to complete an undertaking, except in cases where
the Secretary is satisfied that the refusal or failure is unavoidable.
16.12.3 On repayment
to the Department of the monetary value of sick leave granted to the employee,
sick leave equivalent to that repayment and calculated at the employee’s
ordinary rate of pay shall be restored to the credit of the employee.
16.13 Study Assistance
16.13.1 Study
assistance of up to three hours per week may be granted on full pay to
permanent or long-term temporary employees who are studying on a part-time
basis.
16.13.2 Approval
of study assistance will be at Departmental convenience. Study assistance may be used for:
(i) attending
compulsory lectures or tutorials, where these are held during working hours;
and/or
(ii) necessary
travel outside working hours to attend lectures, tutorials, etc., held during
or outside working hours; and/or
(iii) private study
for an approved course.
16.13.3 Subject
to the convenience of the school or centre, permanent or long-term temporary
employees may choose to accumulate part or all of their hours of study
assistance to attend compulsory field days or residential schools.
16.14 Special Leave
16.14.1 Jury
Service
(i) A permanent
or long-term temporary employee shall, as soon as possible, notify the
Secretary of the details of any jury summons served on the employee.
(ii) A permanent or
long-term temporary employee who, during any period when required to be on
duty, attends a court in answer to a jury summons shall, upon return to duty
after discharge from jury service, furnish to the Secretary a certificate of
attendance issued by the Sheriff or by the Registrar of the court giving
particulars of attendances by the employee during any such period and the
details of any payment or payments made to the employee under section 72 of the
Jury Act 1977 in respect of any such period.
(iii) When a
certificate of attendance on jury service is received in respect of any period
during which a permanent or long-term temporary employee was required to be on
duty, the Secretary shall grant, in respect of any such period for which the
employee has been paid out-of-pocket expenses only, special leave on full
pay. In any other case, the Secretary
shall grant, at the sole election of the employee, available recreation leave
on full pay or leave without pay.
16.14.2 Witness
at Court - Official Capacity
When a permanent or long-term temporary employee is
subpoenaed or called as a witness in an official capacity, the employee shall
be regarded as being on duty.
Salary and any expenses properly and reasonably
incurred by the employee in connection with the employee’s appearance at Court
as a witness in an official capacity shall be paid by the Department.
16.14.3 Witness
at Court - Other than in Official Capacity - Crown Witness
A permanent or long-term temporary employee who is
subpoenaed or called as a witness by the Crown (whether in right of the
Commonwealth or in right of any State or Territory of the Commonwealth) shall:
(i) be granted,
for the whole of the period necessary to attend as such a witness, special
leave on full pay; and
(ii) pay into the
Treasury of the State of New South Wales all money paid to the employee under
or in respect of any such subpoena or call other than any such money so paid in
respect of reimbursement of necessary expenses properly incurred in answer to
that subpoena or call.
16.14.4 Called
as a Witness in a Private Capacity
A permanent or long-term temporary employee who is
subpoenaed or called as a witness in a private capacity shall, for the whole of
the period necessary to attend as such a witness, be granted at the employee's
election, leave without pay.
16.14.5 Examinations
Special leave on full pay up to a maximum of five days
in any one year shall be granted to permanent or long-term temporary employees for
the purpose of attending at any examination approved by the Secretary.
Special leave granted to attend examinations shall
include leave for any necessary travel to or from the place at which the
examination is held.
16.14.6 Association
Activities
Special leave on full pay may be granted to permanent
or long-term temporary employees who are accredited trade union delegates to
undertake approved trade union activities as specified below:
(i) annual or
biennial conferences of the Association;
(ii) meetings of
the Association’s Executive, Committee of Management or Council;
(iii) annual
conference of the Unions NSW and the biennial Congress of the Australian
Council of Trade Unions;
(iv) attendance at
meetings called by the Unions NSW involving a public sector trade union which requires attendance of a
delegate;
(v) attendance at
meetings called by the Department as and when required;
(vi) giving evidence
before an industrial tribunal as a witness for the Association;
(vii) reasonable
travelling time to and from conferences or meetings to which the provisions of
this subclause apply.
16.14.7 Training
Courses
The following training courses will attract the grant
of special leave as specified below:
(i) Accredited
Work Health and Safety (WH&S) courses and any other accredited WH&S
training for WH&S Committee members.
(ii) Courses
organised and conducted by the Trade Union Education Foundation or by the
Association or a training provider nominated by the Association. A maximum of 12 working days in any period of
two years applies to this training and is subject to:
(a) the operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(b) payment being at
the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(c) all travelling
and associated expenses being met by the employee or the association;
(d) attendance
being confirmed in writing by the Association or a nominated training provider.
16.14.8 Return
Home when Temporarily Living Away from Home
Sufficient special leave shall be granted to a
permanent or long-term temporary employee who is temporarily living away from
home as a result of work requirements to return home once each month to enable
such employees to spend two days and two nights with their family. If the
employee wishes to return home more often, they may be granted extended leave
or leave without pay, if the operational requirements allow.
16.14.9 Return
Home when Transferred to New Location
Special leave shall be granted to a permanent or
long-term temporary employee who has moved to the new location ahead of
dependants, to visit such dependants, subject to the conditions specified in
the Crown Employees (Transferred Employees Compensation) Award or successor
instrument.
16.14.10 A
permanent or long-term temporary employee who identifies as an Aboriginal
person or a Torres Strait Islander may be granted up to one day’s special leave
per year to enable the employee to participate in the National Day
celebrations.
16.14.11 Matters
arising from domestic violence situations.
When the leave entitlements referred to in clause 16A.
Leave for Matters Arising From Domestic Violence have been exhausted, the
Department Head shall grant up to five days per calendar year to be used for
absences from the workplace to attend to matters arising from domestic violence
situations.
16.15 Purchased Leave
16.15.1 An
employee may apply to enter into an agreement with the Department to purchase
either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month
period.
(i) Each
application will be considered subject to operational requirements and personal
needs and will take into account the Department's business needs and work
demands.
(ii) The leave
must be taken in the 12 month period specified in the Purchased Leave Agreement
and will not attract any leave loading.
(iii) The leave
will count as service for all purposes.
16.15.2 The
purchased leave will be funded through the reduction in the employee's ordinary
rate of pay.
(i) Purchased
leave rate of pay means the rate of pay an employee receives when their
ordinary salary rate has been reduced to cover the cost of purchased leave.
(ii) To calculate
the purchased leave rate of pay, the employee's ordinary salary rate will be
reduced by the number of weeks of purchased leave and then annualised at a pro
rata rate over the 12 month period.
16.15.3 Purchased
leave is subject to the following provisions:
(i) The purchased
leave cannot be accrued and will be refunded where it has not been taken in the
12 month period.
(ii) Other leave
taken during the 12 month purchased leave agreement period i.e. sick leave, recreation
leave, extended leave or leave in lieu will be paid at the purchased leave rate
of pay.
(iii) Sick leave
cannot be taken during a period of purchased leave.
(iv) The purchased
leave rate of pay will be the salary for all purposes including superannuation.
(v) Overtime and
salary related allowances not paid during periods of recreation leave will be
calculated using the employee's hourly rate based on the ordinary rate of pay.
(vi) Higher Duties
Allowance will not be paid when a period of purchased leave is taken.
16.15.4 Specific
conditions governing purchased leave may be amended from time to time by the
Department in consultation with the Association. The Department may make adjustments relating
to its salary administration arrangements.
16A. Leave for Matters
Arising from Domestic Violence
16A.1 The definition of
domestic violence is found in clause 2.23, Definitions, of this award;
16A.2 Leave entitlements
provided for in sub clause 16.4 Family and Community Service Leave, 16.7, Personal
Carers Leave, and 16.9, Sick Leave, may be used by an employee experiencing
domestic violence;
16A.3 Where the leave
entitlements referred to in subclause 16A.2 are exhausted, the Secretary shall
grant Special Leave as per clause 16.14.11;
16A.4 The Secretary will
need to be satisfied, on reasonable grounds, that domestic violence has
occurred and may require proof presented in the form of an agreed document
issued by the Police Force, a Court, a Doctor, a Domestic Violence Support
Service or Lawyer;
16A.5 Personal
information concerning domestic violence will be kept confidential by the
agency;
16A.6 The Secretary,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working times and changes to
work location, telephone number and email address.
17. Travelling
Compensation
17.1 Excess
Travelling Time
A permanent or long-term temporary employee directed by
the Secretary to travel on official business outside the usual hours of duty is
entitled to apply and to be compensated for such time either by:
17.1.1 payment calculated
in accordance with the provisions contained in this subclause; or
17.1.2 if it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business.
17.2 Compensation
under paragraphs 17.1.1 or 17.1.2 of this clause shall be subject to the
following conditions:
17.2.1 on a non-working
day - all time spent travelling on official business;
17.2.2 on a working day -
subject to the provisions of subclause 17.5 of this clause, all additional time
spent travelling before or after the employee's normal hours of duty;
17.2.3 period for which
compensation is being sought is more than a quarter of an hour on any one day.
17.3 No compensation
for travelling time shall be given in respect of travel between 11.00 pm on any
one day and 7.30 am on the following day where the employee has travelled
overnight and sleeping facilities have been provided for the employee.
17.4 Compensation for
travelling time shall be granted only in respect of the time that might
reasonably have been taken by the use of the most practical and economic means
of transport.
17.5 Compensation for
excess travelling time shall exclude the following:
17.5.1 time normally
taken for the periodic journey from home to headquarters and return;
17.5.2 any periods of
excess travel of less than 30 minutes on any one day;
17.5.3 travel to new
headquarters on permanent transfer, if special leave has been granted for the
day or days on which travel is to be undertaken;
17.5.4 time from 11.00 pm
on one day to 7.30 am on the following day if sleeping facilities have been
provided;
17.5.5 travel not
undertaken by the most practical available route;
17.5.6 working on board
ship where meals and accommodation are provided;
17.5.7 travel overseas.
17.6 Waiting Time
When a permanent or long-term temporary employee is
required to wait for transport in order to commence a journey to another location
or to return to headquarters and such time is outside the normal hours of duty,
such waiting time shall be treated and compensated in the same manner as
travelling time.
17.7 Payment
Payment for travelling time calculated according to subclauses
17.1 and 17.3 of this clause shall be at the employee’s ordinary rate of pay on
an hourly basis calculated as follows:
Annual salary
|
x
|
5
|
x
|
1
|
|
|
260.89
|
|
Normal hours of
work
|
17.8 The rate of payment
for travel or waiting time on a non-working day shall be the same as that
applying to a working day.
17.9 Time off in lieu
or payment for excess travelling time or waiting time will not be granted or
made for more than eight hours in any period of 24 consecutive hours.
17.10 Meal Allowances
A permanent or long-term temporary employee who is
authorised by the Secretary to undertake a one-day journey on official business
which does not require the employee to obtain overnight accommodation shall be
paid the following allowances as described at Item 4 of Schedule 3 of Part B:
17.10.1 breakfast
when required to commence travel at or before 6.00 am and at least one hour
before the prescribed starting time;
17.10.2 an evening
meal when required to travel until or beyond 6.30 pm; and
17.10.3 lunch
when required to travel a total distance on the day of at least 100 kilometres
and, as a result, is located at a distance of at least 50 kilometres from the
employee’s normal headquarters at the time of taking the normal lunch break.
18. Overtime
18.1 Rates - Overtime
shall be paid at the following rates:
18.1.1 Weekdays (Monday
to Friday inclusive) - At the rate of time and one half for the first two hours
and at the rate of double time thereafter for all directed overtime worked:
(i) For
employees, working under the hours averaging provisions of subclause 7.4 of
clause 7, Hours, who are directed to work overtime after 6.00 pm on a weekday
following seven hours of normal work.
(ii) For employees
not working under the hours averaging provisions of the said subclause 7.4, who
are directed to work overtime on a weekday following seven hours of normal
work.
18.1.2 Saturday - All
overtime directed to be worked on a Saturday at the rate of time and one half
for the first two hours and at the rate of double time thereafter.
18.1.3 Sundays -All
overtime directed to be worked on a Sunday at the rate of double time.
18.1.4 Public Holidays -
All overtime directed to be worked on a public holiday at the rate of double
time and one half.
18.2 If an employee
is absent from duty on any working day during any week in which directed
overtime has been worked, the time so lost may be deducted from the total
amount of overtime worked during the week unless the employee has been granted
leave of absence or the absence has been caused by circumstances beyond the
employee’s control.
18.3 An employee who
works directed overtime on a Saturday, Sunday or public holiday shall be paid a
minimum payment as for three hours' work at the appropriate rate.
18.4 Meal Breaks and
Allowances
18.4.1 An employee who
works directed overtime is entitled to a meal break as follows:
(i) an employee not
working under the averaging of hours scheme as provided at subclause 7.4 of
clause 7, Hours, who is required to work overtime on weekdays for 1½ hours or
more after the employee’s ordinary hours of duty, shall be allowed 30 minutes
for a meal and thereafter, 30 minutes for a meal after every five hours of
overtime worked;
(ii) an employee
working under the averaging of hours scheme as provided at the said subclause
7.4, who is required to work overtime on weekdays beyond 6.00 pm and until or
beyond 8½ hours after commencing duty plus the time taken for lunch, shall be
allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every
five hours of overtime worked;
(iii) an employee
required to work overtime on a Saturday, Sunday or public holiday shall be
allowed 30 minutes for a meal after every five hours of overtime worked.
18.4.2 Meal allowances
are set out in Item 5 of Schedule 3 of Part B and are payable for meal breaks
taken as above, if an adequate meal has not been provided by the Department
and:
(i) the time
worked is directed overtime;
(ii) the employee
incurred expenditure in obtaining the meal in respect of which the allowance is
sought;
(iii) where the
employee was able to cease duty for at least 30 minutes before or during the
working of overtime to take the meal, the employee did so;
(iv) overtime is not
being paid in respect of the time taken for the meal break.
18.5 Rest Periods
18.5.1 An employee who
works overtime shall be entitled to be absent until eight consecutive hours
have elapsed.
18.5.2 Where an employee,
at the direction of the supervisor, resumes or continues work without having
had eight consecutive hours off duty, then such employee shall be paid at the
appropriate overtime rate until released from duty. The employee shall then be entitled to eight
consecutive hours off duty and shall be paid for the ordinary working time
occurring during the absence.
18.6 Recall to Duty
18.6.1 An employee
recalled to work overtime after leaving the employer’s premises shall be paid
for a minimum of three hours' work at the appropriate overtime rates.
18.6.2 The employee shall
not be required to work the full three hours if the job can be completed within
a shorter period.
18.6.3 A recall to duty commences
when the employee starts work and terminates when the work is completed. A recall to duty does not include time spent
travelling to and from the place at which work is to be undertaken.
18.6.4 An employee
recalled to duty within three hours of the commencement of usual hours of duty
shall be paid at the appropriate overtime rate from the time of recall to the
time of commencement of such normal work.
18.6.5 This subclause
shall not apply in cases where it is customary for an employee to return to the
Department’s premises to perform a specific job outside the employee’s ordinary
hours of duty, or where overtime is continuous with the completion or
commencement of ordinary hours of duty.
Overtime worked in these circumstances shall not attract the minimum
payment of three hours unless the actual time worked is three or more hours.
19. Transferred
Employees’ Compensation
19.1 The provisions
of the Crown Employees (Transferred Employees Compensation) Award, or successor
instruments, will apply to permanent and long-term temporary employees.
20. Deduction of
Association Membership Fees
20.1 The Association
shall provide the Department with a schedule setting out union fortnightly
membership fees payable by members of the Association in accordance with the
Association’s rules.
20.2 The Association
shall advise the Department of any change to the amount of fortnightly
membership fees made under its rules.
Any variation to the schedule of union fortnightly membership fees
payable shall be provided to the Department at least one month in advance of
the variation taking effect.
20.3 Subject to
subclauses 20.1 and 20.2 of this clause, the Department shall deduct union
fortnightly membership fees from the pay of any employee who is a member of the
Association in accordance with the Association’s rules, provided that the
employee has authorised the Department to make such deductions.
20.4 Monies so
deducted from employees’ pay will be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to employees’ union membership accounts.
20.5 Unless other
arrangements are agreed to by the Department and the Association, all
Association membership fees shall be deducted on a fortnightly basis.
20.6 Where an
employee has already authorised the deduction of Association membership fees
from his or her pay prior to this clause taking effect, nothing in this clause
shall be read as requiring the employee to make a fresh authorisation in order
for such deductions to continue.
21. No Further Claims
and No Industrial Action
The no extra claims
clause (clause 8) contained in the Crown Employees (Public Sector – Salaries
2015) Award shall apply to employees covered by this award.
22. Secure Employment
22.1 Work Health and
Safety
22.1.1 For the purposes
of this subclause, the following definitions shall apply:
(i) A
"labour hire business" is a business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which has as its business
function, or one of its business functions, to supply staff employed or engaged
by it to another employer for the purpose of such staff performing work or services
for that other employer.
(ii) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
22.1.2 Any employer which
engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(i) consult with
employees of the labour hire business and/or contract business regarding the
workplace work health and safety consultative arrangements;
(ii) provide
employees of the labour hire business and/or contract business with appropriate
work health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(iii) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(iv) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
22.1.3 Nothing in this subclause
22.1 is intended to affect or detract from any obligation or responsibility
upon a labour hire business arising under the Work Health and Safety Act
2011 or the Workplace Injury Management and Workers Compensation Act
1998.
22.2 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
22.3 This clause has no
application in respect of organisations which are properly registered as Group
Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
23. Short Term
Temporary Employee Entitlements
23.1 Other than as
described under subclauses 23.3, 23.4, 23.5 and 23.6 of this clause, short term
temporary employees are not entitled to any other paid or unpaid leave.
23.2 As set out in
subclause 5.8, the short term temporary rates of pay incorporate a payment in
lieu of a recreation leave entitlement.
23.3 Short term
temporary employees will be entitled to Long Service Leave in accordance with
the provisions of the Long Service Leave Act 1955.
23.4 Short term
temporary employees are entitled to unpaid parental leave under Chapter 2, Part
4, Division 1, Section 54, Entitlement to Unpaid Parental Leave, Industrial
Relations Act 1996, if they meet the definition of a regular casual
employee (see section 53(2) of the Industrial Relations Act 1996). The following provisions shall also apply in
addition to those set out in the Industrial Relations Act 1996 (NSW).
23.4.1 The Secretary must
not fail to re-engage a short term temporary employee who meets the definition
of a regular casual employee because:
(i) the employee
or employee’s spouse is pregnant; or
(ii) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of short term temporary employees are not affected, other than in
accordance with this clause.
23.5 Personal Carers
Entitlement for short term temporary employees
23.5.1 Short term
temporary employees are entitled to not be available to attend work, or to
leave work if they need to care for a family member described in paragraph
16.7.3 of the award who is sick and requires care and support, or who requires
care due to an unexpected emergency, or the birth of a child. This entitlement is subject to the
evidentiary requirements set out below in 23.5.4, and the notice requirements
set out in 23.5.5.
23.5.2 The Secretary and
the short term temporary employee shall agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of agreement, the employee is
entitled to not be available to attend work for up to 48 hours (i.e. two days)
per occasion. The short term temporary
employee is not entitled to any payment for the period of non-attendance.
23.5.3 The Secretary must
not fail to re-engage a short term temporary employee because the employee
accessed the entitlements provided for in this clause. The rights of an employer to engage or not to
engage a short term temporary employee are otherwise not affected.
23.5.4 The short term
temporary employee shall, if required:
(i) establish
either by production of a medical certificate or statutory declaration, the illness
of the person concerned and that the illness is such as to require care by
another person, or
(ii) establish by
production of documentation acceptable to the Secretary or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a short term temporary
employee must not take carer’s leave under this subclause where another person
had taken leave to care for the same person.
23.5.5 The short term
temporary employee must, as soon as reasonably practicable and during the
ordinary hours of the first day or shift of such absence, inform the Secretary
of their inability to attend for duty.
If it is not reasonably practicable to inform the Secretary during the
ordinary hours of the first day or shift of such absence, the employee will
inform the Secretary within 24 hours of the absence.
23.6 Bereavement
entitlements for short term temporary employees
23.6.1 Short term
temporary employees are entitled to not be available to attend work, or to
leave work upon the death in Australia of a family member on production of
satisfactory evidence (if required by the Secretary).
23.6.2 The Secretary and
the short term temporary employee shall agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of agreement, the employee is
entitled to not be available to attend work for up to 48 hours (i.e. two days)
per occasion. The short term temporary
employee is not entitled to any payment for the period of non-attendance.
23.6.3 The Secretary must
not fail to re-engage a short term temporary employee because the employee
accessed the entitlements provided for in this clause. The rights of the Secretary to engage or not
engage a short term temporary employee are otherwise not affected.
23.6.4 The short term
temporary employee must, as soon as reasonably practicable and during the
ordinary hours of the first day or shift of such absence, inform the Secretary
of their inability to attend for duty.
If it is not reasonably practicable to inform the Secretary during the
ordinary hours of the first day or shift of such absence, the employee will
inform the Secretary within 24 hours of the absence.
Clause 24. Consultation
24.1 Consultation is
a process that:
24.1.1 provides
an opportunity for the Department, the Association and employees to express
their views, state objections, exchange information and promote understanding;
24.1.2 involves
timely provision of all relevant information to employees and the Association;
and
24.1.3 provides
a genuine opportunity for employees directly affected by major changes in the
workplace, the wider workforce and the Association to influence the matters under
discussion with the Department.
24.2 Where the
Department has made a definite decision to introduce major changes in,
program/service delivery, organisation, structure or technology that are likely
to have significant effects on employees, the Department shall notify the
employees who may be affected by the proposed changes and the Association for
the purpose of engaging in consultation.
24.3 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the Department's workforce or in the skills
required, changes in job opportunities, promotion opportunities or job tenure
for a class or group of employees, the alteration of hours of work for a class
or group of employees, the need for retraining or transfer of a class or group
of employees to other work or locations and the restructuring/redesign of jobs.
24.4 The Department
is not required to consult over individual workplace/performance issues under
this clause.
24.5 The Department
shall discuss with the employees affected and the Association, among other
matters, the introduction of the changes referred to in subclause 24.2 above,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the Association
in relation to the changes.
24.6 The discussions
shall commence as early as practicable after a definite decision has been made
by the Department to make the changes referred to in subclause 24.2 of this
Clause.
24.7 For the purpose
of such discussions, the Department shall provide to the employees concerned
and the Association all relevant information about the changes, including the
nature of the changes proposed, the expected significant effects of the changes
on employees and any other matters likely to affect employees, provided that
the Department shall not be required to disclose confidential information the
disclosure of which would adversely affect the Department.
24.8 The Department
will notify affected employees and the Association of the outcome of the
consultation in writing.
25. Area, Incidence
and Duration
25.1 This award shall
apply to all employees as defined in clause 2, Definitions.
25.2 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 17 November 2015.
25.3 Changes made to
this award subsequent to it first being published on 29 June 2012 (372 I.G.
977) have been incorporated into this award as part of the review.
25.4 The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
Schedule 1 - School Administrative and Support Staff
(other than Aboriginal Education Officers) - Rates of Pay
1.1 Permanent School
Administrative and Support Staff
|
Rate of pay from
the first pay period on or after 1.7.2015
|
|
Per hour
|
|
2.50%
|
|
$
|
School Support Officer
|
24.73
|
School Administrative Officer
|
27.77
|
School Administrative Manager -
|
|
Level 1
|
32.12
|
Level 2
|
32.99
|
Level 3
|
33.93
|
Level 4
|
34.96
|
School Learning Support Officer and School Learning
Support Officer (Braille Transcriber), (Ethnic), (Sign Interpreter) - (for
progression on these rates see clause 6)
|
|
Junior
|
17.67
|
Following 12 months of service or at age 20
|
20.88
|
1st year
|
25.42
|
2nd year
|
25.88
|
3rd year
|
27.70
|
4th year
|
29.53
|
School Learning Support Officer (Pre-school) - (for
progression on these rates see clause 6)
|
|
Junior
|
17.67
|
Following 12 months of service or at age 20
|
20.88
|
1st year
|
24.51
|
2nd year
|
24.96
|
3rd year
|
25.42
|
4th year
|
25.88
|
1.2 Long-term
Temporary School Administrative and Support Staff
|
Rate of pay from the
first pay period on or after 1.7.2015
|
|
Per hour
|
|
2.50%
|
|
$
|
School Support Officer
|
26.20
|
School Administrative Officer
|
29.37
|
School Administrative Manager -
|
|
Level 1
|
33.98
|
Level 2
|
34.92
|
Level 3
|
35.93
|
Level 4
|
36.98
|
School Learning Support Officer and School Learning
Support Officer (Braille Transcriber), (Ethnic), (Sign Interpreter) - (for
progression on these rates see clause 6)
|
|
Junior
|
18.64
|
Following 12 months of service or at age 20
|
22.09
|
1st year
|
26.94
|
2nd year
|
27.37
|
3rd year
|
29.27
|
4th year
|
31.23
|
School Learning Support Officer (Pre-school) - (for
progression on these rates see clause 6)
|
|
Junior
|
18.64
|
Following 12 months of service or at age 20
|
22.09
|
1st year
|
25.96
|
2nd year
|
26.40
|
3rd year
|
26.94
|
4th year
|
27.37
|
1.3 Short-term
Temporary School Administrative and Support Staff
|
Rate of pay from
the first pay period on or after 1.7.2015
|
|
Per hour
|
|
2.50%
|
|
$ p/h
|
School Support Officer
|
28.46
|
School Administrative Officer
|
31.94
|
School Administrative Manager
|
|
Level 1
|
36.94
|
Level 2
|
37.96
|
Level 3
|
39.05
|
Level 4
|
40.20
|
School Learning Support Officer and School Learning Support
Officer (Braille Transcriber),
(Ethnic), (Sign Interpreter) - (for progression on these rates see clause 6)
|
|
Junior
|
20.32
|
Following 12 months of service or at age 20
|
24.00
|
1st year
|
29.25
|
2nd year
|
29.77
|
3rd year
|
31.87
|
4th year
|
33.93
|
School Learning Support Officer (Pre-school) - (for
progression on these rates see clause 6)
|
|
Junior
|
20.32
|
Following 12 months of service or at age 20
|
24.00
|
1st year
|
28.22
|
2nd year
|
28.73
|
3rd year
|
29.25
|
4th year
|
29.77
|
Schedule 2 - Aboriginal Education Officers - Rates of Pay
2.1 Permanent
Aboriginal Education Officer
|
Rate of pay from
the first pay period on or after 1.7.2015
|
|
Per hour
|
|
2.50%
|
|
$p/h
|
Year 1
|
30.37
|
Year 2
|
31.26
|
Year 3
|
32.14
|
Year 4
|
33.03
|
2.2 Long-term
Temporary Aboriginal Education Officer
|
Rate of pay from
the first pay period on or after 1.7.2015
|
|
Per hour
|
|
2.50%
|
|
$p/h
|
Year 1
|
32.13
|
Year 2
|
33.08
|
Year 3
|
34.00
|
Year 4
|
34.93
|
2.3 Short-term
Temporary Aboriginal Education Officer
|
Rate of pay from
the first pay period on or after 1.7.2015
|
|
Per hour
|
|
2.50%
|
|
$p/h
|
Year 1
|
34.93
|
Year 2
|
35.96
|
Year 3
|
36.96
|
Year 4
|
37.97
|
Schedule 3 -
School Administrative and Support Staff - Allowances
Item
|
Clause
|
Brief Description
|
Amount
|
No.
|
No.
|
|
Item Nos. 4 and 5
|
|
|
|
effective from 1
July 2015
|
|
|
|
$
|
1
|
9.1.1
|
First-aid allowance -
|
|
|
|
Permanent staff
|
45.34
|
|
|
Temporary staff
|
47.96
|
2
|
9.2.1
|
Administration of prescribed medications allowance -
|
|
|
|
Permanent and temporary staff
|
18.50 cents per
hour
|
3
|
9.3.1
|
Health care procedures allowance -
|
|
|
|
Permanent and temporary staff
|
40 cents per hour
|
4
|
|
Meal allowances on one-day journeys -
|
|
|
|
Capital Cities and High-cost Country Centres:
|
|
|
|
(see the
|
|
|
|
Crown Employees (Public Service Conditions of
|
|
|
|
Employment) Award 2009 for list of
|
|
|
|
capital cities and high cost country centres)
|
|
|
17.10.1
|
Breakfast allowance
|
25.90
|
|
17.10.2
|
Evening meal allowance
|
49.65
|
|
17.10.3
|
Lunch allowance
|
29.15
|
|
|
|
|
|
|
Other Centres:
|
|
|
17.10.1
|
Breakfast allowance
|
23.20
|
|
17.10.2
|
Evening meal allowance
|
45.70
|
|
17.10.3
|
Lunch allowance
|
26.50
|
5
|
18.4.2
|
Overtime meal allowances -
|
|
|
|
Breakfast
|
28.80
|
|
|
Lunch
|
28.80
|
|
|
Dinner
|
28.80
|
|
|
Supper
|
10.75
|
The allowances listed at Item 4 and 5 and the relevant
cities and centres are adjusted in accordance with the provisions of the Crown
Employees (Public Service Conditions of Employment) Award 2009 or successor award,
or as approved from time to time by the Secretary of the NSW Treasury.
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.