Crown Employees (Security and General Services)
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00006186)
Before Commissioner Stanton
2 August 2016
Clause No. Subject Matter
Days Off Duty
7. Rates of
and Sunday Work During Ordinary Hours
12. Payment of
Time and Expenses
16. Lifting of
19. Call Back
Leave/Personal Carer's Leave
24. Family and
Community Services/Personal Carer’s Leave
Leave/Long Service Leave
Forms of Leave
of Existing Wages
of Union Membership Fees
Incidence and Duration
Table 1 - Rates of Pay
Table 2 - Allowances
Act means the Government
Sector Employment Act 2013.
Afternoon Shift means any shift finishing after 6.00 p.m.
and at or before midnight.
Broken Shifts means the working of two or more shifts per
day by an employee within the ordinary hours as specified in subclause (iii) of
clause (5), Hours.
Casual Employee means an employee engaged and paid as such
and who may be employed for a period of not more than ten (10) consecutive
working days for each engagement but shall not include an employee required to
work a constant number of ordinary hours each week.
Conditions Award means the Crown Employees (Public Service Conditions of Employment) Reviewed
Day means the period from midnight to midnight.
Head means as defined in the Act in respect of a Public
Early Morning Shift means any shift commencing at or after
5.00 a.m. and before 6.30 a.m.
General Services Officer Grade 1 - An employee engaged as a
General Service Officer Grade 1 may be required to carry out a range of duties,
which may include:
Making and/or serving morning or afternoon teas or lunches
or other meals including washing up and other duties in connection with such
work. In addition they may undertake a range of routine tasks under close
supervision with set instructions, including basic clerical functions.
General Services Officer Grade 2 - An employee engaged as a
General Service Officer Grade 2 may be required to carry out a range of duties,
which may include:
Cleaning work of any description or the bringing into or
maintaining of premises in a clean condition in Government offices,
courthouses, police stations, technical colleges and other Government
General Services Officer Grade 3 - An employee engaged as a
General Service Officer Grade 3 may be required to carry out a range of duties
which may include but not be limited to any of the following:
(a) Pick up and
delivery of parcels, goods and furniture
maintenance of departmental cars and parking areas
removal and storage
(d) Driving of
departmental motor vehicles as required including loading and unloading
(f) or clerical
functions as required
(g) or cleaning
and gardening as required
(h) Other duties
(i) Routine or
minor maintenance of such a nature so as not to require a qualified
Part-Time Employee means an employee engaged by the
week but who is required to work a constant number of ordinary hours each week
less than the ordinary number of hours prescribed for weekly employees.
Night Shift means any shift finishing subsequent to
midnight and at or before 8.00 a.m. or any shift commencing at or after
midnight and before 5.00 a.m.
Security Officer - Grade 1
Means a person employed in one or more of the following
(a) to watch,
guard or protect persons and/or premises and/or property,
(b) to respond to
basic fire/security alarms at their designated site,
(c) to monitor a
single closed circuit television unit recording from a stationary camera,
(d) as an employee
stationed at an entrance and/or exit whose principal duties shall include the
control of movement of persons, vehicles, goods and/or property coming out of
or going into premises or property and including vehicles carrying loads of any
description. This is to ensure that the quantity and description of such goods
accords with the requirements of the relevant document and/or gate pass. The
employee may also have other duties to perform, including as an area or door
attendant or commissionaire in a commercial building;
A security officer Grade 1 may perform incidental
duties that need not be of a security nature.
Security Officer - Grade 2
Means a person who is employed as one of the following:
(a) A mobile
patrol officer. This means an employee who is required to patrol two or more
premises in a vehicle. It also includes
a security officer who, in order to perform his/her designated duties is
required, as an integral part of those duties, to use a motor vehicle, or
(b) A security
officer who, as part of the shift or duty is required to monitor and act upon
intrusion, detection equipment or access control equipment terminating in a
televised display or computerised print-out;
A security officer Grade 2 may perform incidental
duties which need not be of a security nature.
(c) A caretaker
whose presence is required for the protection, good order or convenient use of
premises, and/or the cleanliness or upkeep of such, including routine or minor
maintenance, but the work is not of a nature that requires a qualified
tradesperson. A caretaker may also be required to receive and distribute
Security Officer - Grade 3
Means a person employed substantially in a security and/or
data input and/or a monitoring function within a central station and
principally occupied in one or more of the following duties -
Monitoring, recording, inputting information or
reacting to signals and instruments related to electronic surveillance of any
kind; co-ordinating, checking or recording the activities of mobile patrol
officers and static security officers; operating or monitoring any medium of
verbal communication; or
A person, who in addition to performing the duties
defined in Grade 2(b), monitors or acts upon integrated intelligent building
management systems terminating at a visual display unit or computerised
print-out that has the capacity for and requires data input from the security
Seven Day Shift Worker: for purposes of this award, a
seven day shift worker means an employee whose ordinary working period includes
Saturdays, Sundays and/or Public Holidays on which the employee may be
regularly rostered for work.
Union means the United Voice - New South Wales Branch.
Weekly Employee means an employee engaged and paid by
the week or fortnight, as the case may be.
4. Contract of
under this award shall be engaged either as weekly employees, part-time
employees, or casual employees.
(ii) An employer
may direct an employee covered by this award to carry out such duties as are
within the limits of the employee's skill, competence and training.
(iii) The employer
shall clearly display at some place accessible to the employees, the commencing
and ceasing time of ordinary hours of work.
One week’s notice must be given for any change to such hours, otherwise
payment of overtime is incurred. Less than one week's notice may be given by
mutual agreement between the employer and the employee.
(iv) The employment
of any employee other than a casual employee shall be terminated only by one
week's notice or by the payment or forfeiture, as the case may be, of one
week's wages in lieu thereof.
(v) The employment
of a resident Security Officer Grade 2b or 2c (as defined) engaged by the week
shall only be terminated by three weeks' notice or by the payment or
forfeiture, as the case may be, of three week's wages in lieu thereof.
(vi) The employment
of a casual employee may be terminated by one hour's notice.
the foregoing provisions, the employer may dismiss an employee at any time for
misconduct or serious misconduct and then shall be liable for payment only up
to the time of dismissal.
(viii) Termination of
employment by an employer shall not be harsh, unjust, or unreasonable.
For the purposes of this clause termination of
employment shall include terminations with or without notice.
Termination on the ground of race, colour, sex, marital
status, family responsibilities, pregnancy, religion, political opinion,
national extraction and social origin shall constitute harsh, unjust, or
unreasonable termination of employment.
This definition, without limiting the above, applies except where a
distinction, exclusion, or preference is based on the inherent requirements of
a particular position.
(ix) On the
termination of employment the employer shall, at the request of the employee,
give such employee a statement signed by the employer, stating the period of
employment and when the employment terminated.
(x) On the
termination of employment an employee shall return to the employer all
uniforms, identity cards, vehicles, keys and all other items issued to
and Technological Changes - Three months notice of termination of employment
must be given to an employee who has been employed for at least twelve months
and has had their services terminated on account of the introduction, or
proposed introduction, by an employer of mechanisation or technological changes
in the industry in which the employer is engaged. This applies notwithstanding
the provisions of subclauses (iii) and (iv).
(xii) If there is a
failure to give such notice in full:
(a) the employee
shall be paid at the rate specified for the employee's ordinary classification
set out in Part B, Table 1 of this award, for a period equal to the difference
between three months and the period of the notice given; and
(b) the period of
notice required by this subclause to be given shall be deemed to be service with
the employer for the purpose of the Long Service Leave Act 1955, the Annual
Holidays Act 1944, Government Sector
Employment Act 2013 or any Act, amending or replacing any of those
Acts. The right of the employer
summarily to dismiss an employee for the reasons specified in subclause (vi),
of this clause, shall not be prejudiced by the fact that the employee has been
given notice pursuant to this subclause of the termination of the employment.
An employer who gives an employee notice of the
termination of employment on grounds as set out in subclause (xi), must within
fourteen days thereafter, give notification of the fact in writing to the
Industrial Registrar, and the Secretary of United Voice - New South Wales
Branch. The employer must state the employee's name, address and usual
occupation and the date when the employment terminated in accordance with the
Officers: (Other than Caretakers)
(a) Subject to the
provisions of clause 6, Rostered Days Off Duty, ordinary hours of Security
Officers shall not exceed one hundred and fifty-two in each roster period of
twenty consecutive days. Such hours
shall be worked in not more than twenty shifts in each roster period. The shifts shall not be more than eight
consecutive hours in duration and only one shift shall be worked in any period
of twenty-four hours.
(b) Except in the
case of change of shifts, notice of which has been given in accordance with
subclause (iii), of clause 4, Contract of Employment, of this award, not more
than six consecutive shifts in any period of seven consecutive days shall be
worked without the payment of overtime.
arrangement of working hours, as set out herein may be altered by agreement
between the employer and the union.
(d) In all cases
shifts shall be continuous and time shall start from the commencement of the
(e) After four
hours and no later than five hours from the commencement of each shift, a crib
time of not less than thirty minutes shall be allowed, where it is reasonably
practicable to do so. Time allowed as
crib time will be regarded as time worked and shall be paid for as such.
(a) The ordinary
working hours, exclusive of meal breaks, shall be an average of 38 per week.
The hours shall be worked in shifts of no more than 8 hours duration from
Monday to Friday inclusive.
In establishments operating Monday to Sunday the
ordinary working hours shall be an average of 38 per week. The hours shall be
worked in 5 shifts of no more than 8 hours duration from Monday to Sunday
(b) The employer
shall fix the time for working such hours on such days in one, two or three
Service Officers Grade 2 & 3, (Cleaners And Basement Attendants)
The ordinary working hours, exclusive of meal breaks,
shall not exceed an average of thirty-eight per week. Such hours shall be worked as follows -
(a) Day Workers:
Between 6.30 a.m. and 6.00 p.m. Monday to Friday, inclusive. These hours shall be worked on each day in
one or two shifts of not more than eight hours total duration. An employee may
commence thirty minutes earlier than the normal starting time or the ceasing
time may be extended by thirty minutes.
This thirty minutes may be divided between the starting and ceasing time
if mutually agreed to by the employer and the employee.
Shift Workers: Between 4.00 p.m. and 12 midnight, Monday to Friday, inclusive,
to be worked in one shift of no more than eight hours daily.
(c) Early Morning
Shift Workers: Between 5.00 a.m. and 2.00 p.m., Monday to Friday, inclusive, to
be worked in one shift daily of no more than eight hours' duration.
(d) Broken Shift
Workers: Between 6.30 a.m. and 6.00 p.m. Monday to Friday inclusive, to be
worked in two shifts daily, subject to the provisions of subclause (a) with
respect to alterations in starting and ceasing times.
(e) Night Shift
Workers: Five shifts of not more than eight hours each, between 10.00 p.m. on
Sundays and 6.30 a.m. on the succeeding day (Sunday to Friday) or five shifts
of not more than eight hours between 6.00 p.m. and 6.30 a.m. on each day,
Monday to Saturday, inclusive.
establishments operating from Monday to Sunday the ordinary working hours shall
be an average of 38 per week which shall be worked in 5 shifts of no more than
8 hours duration from Monday to Sunday inclusive. This is subject to the
provisions of paragraphs (a), (b), (c),(d) and (e) of this subclause.
Services Officer Grade 1
The ordinary working hours, exclusive of meal times,
shall not exceed an average of thirty-eight per week or eight per day. Such
hours shall be worked in one or two shifts per day between 7.00 a.m. and 6.00
p.m. Monday to Friday inclusive.
In establishments operating from Monday to Sunday the
ordinary working hours shall be an average of 38 per week, which shall be
worked in one or two shifts per day between 7 a.m. and 6 p.m. from Monday to
For casual employees the ordinary working hours shall
not exceed eight hours on any day or night or shift without the payment of
(vi) Meal Breaks:
(Other than Security Officers)
A meal break of not less than thirty minutes and not
more than one hour shall be allowed for a meal. An employee shall not be
required to work for more than five hours without a meal break. The provisions of this subclause shall also
apply to Caretakers (Security Officer Grade 2).
6. Rostered Days Off
Work Cycle - Accrual Provisions:
(a) Shiftworkers -
Employees on shift work shall accrue 0.4 of an hour for
each eight-hour shift worked to allow one complete shift to be taken off as a
paid shift during every shift cycle.
This shift shall be paid for at the appropriate shift rate as prescribed
by clause 10, Shift Allowances, of this award.
(b) Dayworkers -
The ordinary working hours shall be worked as a
twenty-day four-week cycle, Monday to Friday inclusive. The cycle consists of
nineteen working days of eight hours each, with 0.4 of one hour on each day
worked accruing as an entitlement to take the twentieth day in each cycle as a
day off paid for as though worked.
Accrual of rostered day off credits for part-time
employees may be accounted for in the calculation of the part-time rates. The
rate includes provision for automatic crediting of one twentieth of all time
worked towards rostered days actually taken as provided in subclause (iii) of
(ii) Accrual and
Each day of paid leave taken (excluding long
service/extended leave and workers' compensation/accident leave) and leave
without pay during periods of closedowns occurring during any cycle of four
weeks, shall be regarded as a day worked for accrual provisions.
(iii) Rostering -
Four Week Cycle:
(a) Rostered days
off shall be scheduled by mutual agreement between employees and the employer.
This does not preclude an individual employee with the employer’s agreement,
substituting another day for their rostered day off.
(b) Except as
provided by paragraph (c) of this subclause, at least four weeks notice shall
be given to an employee of the weekday he/she is to be rostered off duty.
(c) In the case of
a breakdown of machinery or to meet the requirements of the establishment, the
employer may, with the agreement of the majority of employees concerned,
substitute another day for the employee’s rostered day off.
(d) Under normal
conditions, employees on a rostered day off that coincides with a pay day will
be paid no later than the working day immediately following pay day.
(e) Rostered days
off may accumulate and in the case of school/college locations may be scheduled
during vacation periods to suit the needs of the employer. Dates for the taking
of such accumulated leave shall be agreed between the employer and the
(iv) Rostered Day
Off Falling on a Public Holiday:
In the event of an employee's rostered day off falling
on a public holiday, the employee and the employer shall agree to an
alternative day off duty as a substitute. In the absence of agreement the
substituted day shall be determined by the employer.
(v) Work on
Rostered Day Off Duty:
Subject to subclause (iii), Rostering - Four Week
Cycle, of this clause, any employee required to work on their rostered day off
shall only be paid in accordance with the provisions of clause 18, Overtime, of
(vi) Sick Leave and
Rostered Days Off:
Employees are not eligible for sick leave in respect of
absences on rostered days off as such absences are outside their ordinary hours
7. Rates of Pay
Rates of pay and allowances for classifications covered
by this Award are provided for by the Crown
Employees Wages Staff (Rates of Pay) Award 2015 or any instrument replacing such.
Employees - A weekly employee shall be paid according to the rate for the
classification as set out in Table 1 of Part B of the Award.
General Services Officer Grade 2 (Cleaners)
employees shall be paid at an hourly rate as set out in Table 1 of Part B for
all ordinary time worked and for all paid leave.
(b) The part-time
rate includes provision for automatic crediting of one twentieth of all time
worked towards rostered days as provided for in paragraph (c) of subclause (i)
of clause 6, Rostered Days Off Duty.
(c) The hourly
rate prescribed by paragraph (a) of this subclause will be adjusted by the
percentage movements in the weekly rate for a General Services Officer Grade 2
in subclause (i).
All Other Part time Employees:
(a) For each hour
worked during ordinary time, part time employees shall be paid the hourly
equivalent of the appropriate weekly rate of pay prescribed by subclause (i) of
this clause plus an additional amount of ten per cent.
(b) The hourly
equivalent for the purposes of this subclause shall be based on 38 hours where
a part-time employee is not accruing credits towards rostered days off but is
paid only for hours worked.
(c) The hourly
equivalent for the purposes of this subclause shall be based on 40 hours where
a part-time employee is accruing credit for time worked towards rostered days
off as provided for in paragraph (c) of subclause (i) of clause 6 Rostered Days
A minimum payment of three hours shall be made for each
start. Part-time cleaners in small locations may be engaged on two hours per
start where the total assessed cleaning area is 500 square metres or more, and
no less than one hour per shift where the total assessed cleaning area is less
than 500 square metres.
(a) A casual
employee for working ordinary time shall be paid per hour one thirty-eighth of
the weekly wage prescribed by this award for the class of work performed, plus
15 per cent.
(b) A minimum
payment of four hours shall be made for each start in the case of security
officers and three hours for each start in the case of all other employees.
(iv) The hourly
rates of pay prescribed in subclause (ii) and (iii) of this clause, shall be
calculated to the nearest whole cent.
Enterprises covered by this award shall establish a
consultative mechanism and procedures appropriate to their size, structure and
needs for consultation and negotiation on matters affecting their efficiency
9. Additional Rates
(i) Leading Hands
Employees placed in charge of other employees shall be
paid a weekly amount as set out in Item 1 of Table 2 in addition to their
An employee acting as a leading hand or a caretaker who
has successfully completed a Cleaning Supervisors' Course or a course deemed by
the employer to be of equivalent qualification, shall be paid an additional
weekly amount as set out in Item 2 of Table 2. This amount shall be part of the
ordinary rate of pay for all award purposes.
(iii) First Aid
An employee who is a qualified first-aid attendant and
is employed to carry out the duties of a qualified first-aid attendant shall be
paid an additional weekly amount as set out in Item 3 of Table 2.
An employee required to hold a Boiler Attendant's
Certificate shall be paid a weekly allowance as set out in Item 4 of Table 2 in
addition to the ordinary rate of pay.
An employee required to hold a Refrigeration Driver's
Certificate of competency, 1st or 2nd Class (Air Conditioning) shall be paid a
weekly allowance as set out in Item 5 of Table 2 in addition to the ordinary
rate of pay.
Employees engaged on any or all of the following duties
disposal and/or sorting for incinerators and furnaces,
(b) cleaning of
(c) clearing of
minor plumbing blockages,
appropriate stores or minor repair of non-electrical equipment,
shall be paid a weekly allowance as set out in Item 6
of Table 2.
An employee required to work in toilets, on outside
steps, outside marble or outside brass or required to scrub marble, terrazzo,
rubber floor corridors or stairs which necessitate the employee kneeling shall
be paid an additional weekly amount as set out in Item 7 of Table 2.
The cleaning of single sex toilets may be undertaken by
both male and female cleaners as long as appropriate steps are taken to ensure
that the toilets are not in use at the time of cleaning. Appropriate warning
signs are to be supplied by the employer.
The toilet allowance is not applicable for an employee
receiving the contingency allowance set out in Item 6 of Table 2.
Employees required to use multi-purpose machines,
mobile sweeping machine and other similar mechanical equipment or operate fork
lifts shall whilst so employed be paid an additional amount per shift or part
thereof as set out in Item 8 of Table 2.
NOTE: A multi-purpose machine is one that performs
three or more functions.
Cleaners required to be engaged in furniture removal
for more than three hours on any day or shift shall be paid an additional
allowance per shift as set out in Item 9 of Table 2.
Where an employee is required to carry a torch it shall
be provided and maintained in full working order by the employer. Employees
providing their own torches shall be paid an allowance per shift as set out in
Item 10 of Table 2 to cover the replacement of torch globes and batteries.
Overalls and coveralls and any uniform where supplied
or required to be worn by the employee shall be laundered or dry-cleaned at the
employer's expense. In lieu of this, a laundry allowance as set out in Item 11
of Table 2 may be paid for each ordinary shift worked. In the case of security
officers this subclause shall apply to shifts worked in accordance with the provisions
of clause 5 (i)(b), Hours of this Award.
An employee required by the employer to use a motor
cycle or other motor vehicle shall have such vehicle supplied and maintained by
the employer. If the employee uses
his/her own vehicle they shall be reimbursed each week for each shift worked at
the rate set out in Item 12 of Table 2. The employer shall reimburse the
employee for the cost of fuel used on the employer's business. In the case of
an employee providing a bicycle for use in the employer's business the payment
shall be as set out in Item 14 of Table 2 for each shift worked.
The locomotion allowance shall only be paid where the
use of a motor vehicle etc. is essential to the performance of an employee's
The locomotion allowance does not apply to caretakers,
who are eligible to receive allowances in accordance with Item 13 of Table 2.
An employee receiving the locomotion allowance is not eligible to also receive
a motor vehicle allowance as set out in Item 13.
(xiii) Motor Vehicle
authorised to use a private motor vehicle in the performance of their duties
where no public transport is available, or where the use of public transport is
not appropriate for the particular duty concerned, shall be paid additional
rates as set out in Item 13 of Table 2.
(b) The rates
contained in paragraph (a) are based on and shall move in accordance with the
"Official Business Rate" payable under the provisions of the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2012 as varied, or any replacement award.
(c) Where public
transport is available employees may use such transport for approved travel and
be reimbursed with the costs incurred.
(d) Employees may
elect to use a private motor vehicle (where the use of such is so authorised)
and be paid additional rates as set out in Item 13 of Table 2 up to the cost of
the available public transport.
(e) An employee
receiving a motor vehicle allowance pursuant to this subclause shall not also
receive a locomotion allowance under Item 12 of Table 2.
10. Shift Allowances
(i) The following
additional allowances for shift work shall be paid to employees other than
Caretakers in respect of work performed during ordinary hours of shift as
defined in clause 3, Definitions, of this award:
Early Morning Shift
Night Shift, rotating with day or afternoon shift
Night Shift, non-rotating
The following additional allowances shall be paid per
Between the hours of 9.00 p.m. and midnight -
Between the hours of midnight and 6.00 a.m. -
(iii) Broken Shifts
working broken shifts shall be paid an additional daily amount as set out in
Item 15 of Table 2 of Part B of the Award for each day so worked.
working broken shifts shall also be paid a weekly excess fares allowance as set
out in Item 15 of Table 2 of Part B of the Award.
employee receiving broken shift allowance under the provisions of this
subclause shall not receive the allowances provided for under subclause (i) and
(ii) of this clause.
11. Saturday and
Sunday Work During Ordinary Hours
required to work their ordinary hours on a Saturday or Sunday shall be paid for
all time so worked at the following rates:
time and one-half
allowances prescribed in this clause shall be in substitution for and not
cumulative upon, the shift work allowances prescribed in clause 10, Shift
Allowances, of this award.
(iii) For the
purpose of this clause, the rates prescribed shall apply in respect of ordinary
hours of work only and shall apply to all employees including casual employees.
12. Payment of Wages
(i) All wages
shall be paid fortnightly by electronic funds transfer on a Thursday as
determined by the employer, and not more than forty-eight hours from the time
when such wages become due.
(ii) Wages may be
paid into an employee’s bank or other account as specified by the
employee. The employer shall specify the
day upon which wages shall be paid into such account.
(iii) An employee
kept waiting for wages on a payday shall be deemed to be working during the
time kept waiting. When wages are not
paid into the employee’s bank or other account on the due date, the employee
must notify the employer of such. The
employer must make every endeavour within two full working days to ensure the
appropriate credit is paid into the nominated account, or that the issuing of a
cheque for the appropriate amount is undertaken. This provision will not apply where
circumstances preventing payment of wages in such a manner is beyond the
(iv) If payment is
not made by the end of the two-day period, the employee is entitled to payment
at overtime rates for performance of the next full day’s work. The provisions set out in subclauses (i) to
(iv) do not apply to periods of employment that are less than one full pay
employees shall be paid within one hour of termination of employment. Wages may in some circumstances be paid by
13. General Conditions
Officers - All Grades
Licence: A Security Officer required to hold a Class 1 or Class 2 Security
Licence pursuant to the provisions of the Security Industry Act 1997 shall have
the cost of such licence reimbursed by the employer. Reimbursement will be made
on completion of each twelve months or five years’ service, whichever applies
to the term of the licence held.
All full-time Security Officers who during their
current employment are required to undertake an approved training course
nominated by the employer and as required by the provisions of the Security Industry Act 1997 (and
Regulations), shall have the costs of such training courses reimbursed by the
employer. This is provided that the undertaking of the said training course is
a requirement of the employee's current position.
Reimbursable costs as referred to in paragraph 1(a) of
this subclause shall include excess travelling expenses relating to the
attendance at the said courses.
Employees shall be granted time off without loss of pay
during ordinary hours to attend training courses as referred to in this
In cases where the courses are to be held outside the
rostered shift of the employee required to attend the course, then:
The rostered shift should be altered so that the
employee can attend during ordinary working hours; or
For the time spent attending the course, the employee
can be granted time off in lieu on an hour for hour basis at a time convenient
to the employer; or
The employee shall be paid for attending the course at
ordinary time rates without the addition of penalties. Such attendance shall not form part of the
employee's ordinary roster for the purpose of clause 5, Hours, of this Award.
(c) The employee
may elect which is the preferred option from the above. The final determination
regarding the option to be applied lies with the employer, having regard to the
needs of the establishment.
Officer Grade 2(b) and 2(c)
(a) Where a
Security Officer Grade 2b or 2c (as defined) is provided with accommodation, a
deduction may be made from the wages for rent, fuel and lighting. The deduction
shall not be more than the amount set out in Item 16 of Table 2.
(b) An employer
shall not require a resident Security Officer Grade 2b or 2c to vacate living
quarters during annual leave period for use by a relieving caretaker, unless
such arrangements are mutually agreed to between the said employee and the
for Meals: Employers shall allow employees to take their meals, crib breaks or
tea breaks in a suitable place protected from the weather. Every such employee shall be provided by the
employer with adequate facilities for tea making and for heating food.
This provision shall not apply to mobile security
Accommodation: Where it is necessary or customary for employees to change their
dress or uniform, suitable dressing rooms or dressing accommodation and
individual lockable lockers shall be provided.
(c) Means of Exit:
Provision shall be made for an exit for night employees in case of necessity.
Clothing: In complying with the Work
Health and Safety Act 2011 the following clothing and equipment will be
issued. The clothing shall remain the property of the employer:
Wet weather coat with hood and trousers for employees
who are required to work out of doors.
Rubber boots for employees who are required to work in
"wet areas", i.e. toilets, ablution blocks and external areas where
water is used as part of the cleaning process.
Protective eye wear for employees who are required to
empty rubbish tins and tend incinerators, or work in areas where airborne
particles are a hazard.
Long rubber gloves when using detergents or similar
Leather gloves for employees who are required to
collect rubbish bins, carry refuse and sweep outside areas.
Washable broad brim hats for employees who are required
to work out of doors.
(e) Work Clothing
: Clean overalls or wrap-ons, gloves and safety footwear shall be supplied by
the employer where they are required in undertaking duties.
14. Travelling Time
Where an employee is sent to work at a place other than
their employer's recognised place of business, the employer shall pay all
travelling time from the place of business to the job. If the employee is required to return the
same day to the employer's place of business, the employer shall pay travelling
time back to the place of business. An
employee sent for duty to a place other than the employee's regular place of
duty or required by the employer to attend a court or inquiry in connection
with the employee's employment shall be paid reasonable authorised expenses.
15. Outside Duties
All employees covered by this award shall clean outside
as required and shall clean above floor or ground level as is safely
accessible. Where ladders are used the
safety requirements of the Work Health
and Safety Act 2011 must be complied with.
16. Lifting of Weights
An employee shall not be required to lift by hand or
carry weights in a manner that does not accord with the provisions of Chapter
4, Part 4.2, Hazardous Manual Tasks of the Work
Health and Safety Regulation 2011.
17. Sunday Work
An employee required to perform work on a Sunday shall
be paid at the rate of double time, with a minimum payment of not less than
four hours at such rate for each start.
(i) For all work
done outside ordinary hours the rates of pay shall be time and a half for the
first two hours and double time thereafter. In computing overtime each day's
work stands alone. All work performed after 12 noon on Saturday shall be paid
for at the rate of double time.
Allowance - An employee who works overtime for one or more hours on any day or
shift after the fixed ceasing time shall be paid for such day a meal allowance
as set out Item 17 of Table 2 - Allowances, of Part B Monetary Rates. This applies unless notice to work has been
given to such employee on or before the termination of the previous shift or
day, as the case may be.
overtime or extra shifts are required to be worked, preference shall be given
to employees as classified and covered by the terms of this award where it is
reasonably practicable to do so.
(iv) Where an
employee is required to work overtime, the minimum break between the finishing
of one period of work or shift and the commencement of another, shall be as set
(a) for shift
workers, eight hours, including the normal changeover time if any;
(b) for day
workers, ten hours.
If on the instructions of the employer such an employee
resumes or continues work without having the required period off duty, the
employee shall be paid at double ordinary time until released from duty. The
employee shall be entitled to be absent without loss of pay for ordinary
working time occurring during such absence until they have had the required
period off duty.
(v) For the
purposes of this clause ordinary hours shall be inclusive of time worked for
accrual purposes as provided for by clause 5, Hours.
19. Call Back
An employee who after leaving their place of
employment, is required to return to the employer's premises for any reason
other than carrying out rostered duties, shall be paid a minimum of four hours'
pay at the appropriate rate for each such attendance. This payment shall apply whether the employee
was notified before or after leaving the place of employment.
This clause shall not apply where a period of duty is
continuous (subject to a reasonable meal break) with the completion or
commencement of ordinary working time.
The employee shall be given at least eight hours off duty, excluding
travelling time in excess of thirty minutes and a meal break of thirty minutes,
before there is a requirement to resume ordinary hours. An employee requested
to resume duty before eight hours' rest is given shall be paid at double ordinary
rates until such employee has been relieved from duty for a period of eight
20. Mixed Functions
An employee engaged for at least two hours on any day
or shift on duties carrying a higher rate than the employee’s ordinary
classification shall be paid the higher rate for such a day or shift. Where an employee is engaged for less than
two hours on any one day or shift, payment shall be at the higher rate for the
time so worked.
An employee who is required to perform work temporarily
for which a lower rate is paid, shall not suffer any reduction in wages whilst
so employed. Any work of less than one week's duration shall be deemed
This clause shall not apply in situations where the
higher duties result from the absence of an employee on a rostered day off.
Leave/Personal Carer’s Leave
entitlement to sick leave shall be as follows:
be entitled to 15 days sick leave per year. Any untaken leave is cumulative.
Sick leave on full pay accrues at the beginning of the calendar year. If an
employee commences after 1 January, sick leave on full pay accrues on a
proportionate basis for the year in which employment commences.
employee absent from duty for more than 3 consecutive working days because of
illness must furnish a medical certificate to the Head in respect of the
employee shall be put on notice in advance if required by the Head to furnish a
medical certificate in respect of an absence from duty for 3 consecutive
working days or less because of illness.
Employees, engaged under Ministerial Authority: in accordance with the Uniform
(ii) Use of sick
leave to care for a sick dependant - general
When family and community service leave, as outlined in
clause 24 is exhausted, the sick leave provisions under clause (i) may be used
by an employee to care for a sick dependant.
(iii) Use of sick
leave to care for a sick dependant - entitlement
entitlement to use sick leave in accordance with this clause is subject to:
(1) the employee
being responsible for the care and support of the person concerned, and
(2) the person
(1) a spouse of the
(2) a de facto
spouse, who in relation to a person, is a person of the opposite sex to the
first mentioned person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person; or
(3) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial) parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of
the employee who is a member of the same household, where for the purposes of
means a person related by blood, marriage or affinity;
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
means a family group living in the same domestic dwelling
(b) An employee with
responsibilities in relation to a person who needs their care and support shall
be entitled to use sick leave available from that year’s annual sick leave
entitlement minus any sick leave taken from that year’s entitlement to provide
care and support for such persons when they are ill.
(c) Sick leave
accumulates from year to year. In addition to the current year’s grant of sick
leave, sick leave accrued from the previous 3 years may also be accessed by an
employee with responsibilities in relation to a person who needs their care and
(d) In special
circumstances, the Chief Executive Officer or Managing Director may make a
grant of additional sick leave. This grant can only be taken from sick leave
accrued prior to the period referred to in paragraph (c).
(e) If required, a
medical certificate or statutory declaration must be made by the employee to
establish the illness of the person concerned and that the illness is such to
require care by another person.
(f) The employee
is not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration and has the right to choose which
of the two methods to use in the establishment of grounds for leave.
practicable, the employee shall give the Chief Executive Officer or Managing
Director prior notice of the intention to take leave, the name of the person
requiring care and that person’s relationship to the employee. They must also
give reasons for taking such leave and the estimated length of absence. If the
employee is unable to notify the Chief Executive Officer or Managing Director
beforehand, notification should be given by telephone at the first opportunity
on the day of absence.
(h) In normal
circumstances, the employee must not take leave under this subclause where
another person has taken leave to care for the same person.
22. Public Holidays
(i) The days on
which the following holidays are observed shall be holidays under this Award,
namely New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day
and any day which may hereafter be proclaimed a public holiday throughout the
State. The Picnic Day of the Union shall also be observed as an additional
holiday under this Award, to be granted on one of the three working days
between Christmas and New Year's Day.
The specific date is to be advised to employees prior to December each
(ii) Except as
hereinafter provided -
(a) Employees on
weekly hiring shall be entitled to the above holidays without loss of pay;
shall be paid at the rate of double time and one-half with a minimum payment of
four hours at such rate for all time worked on the above holidays.
(iii) For the
purpose of this clause any employee whose ordinary hours of work commence
before and continue past midnight shall be regarded as working on a holiday
only if the greater number of working hours fall on the holiday, in which case
all the time worked shall be regarded as holiday work. If the number of ordinary hours worked before
and past midnight is equal, all ordinary time worked shall be regarded as time
worked on the day on which the shift commenced.
(a) Where a
holiday occurs on the rostered day off of a seven day shift worker who is not
required to work on the day, the employee is entitled to a day's ordinary pay
in respect of such day. The employer may, in lieu of the payment of a day's
ordinary pay, add a day to the recreation leave credit.
(b) Where the
worker is required to work on that day, the employer shall pay the employee a
day's ordinary pay in respect of such time, plus time and one-half for the
first eight hours (with a minimum payment of four hours) and double time and
(c) Where the
employment of a seven-day shift worker has been terminated and there is an
entitlement to payment in lieu of recreation leave with respect to a period of
employment, the employee shall also be entitled to an additional payment for
each day accrued under this clause at the appropriate ordinary rate of
pay. This is provided that payment has
not already been made in accordance with paragraph (a), of this subclause.
23. Recreation Leave
entitlement to recreation leave shall be as follows:
(a) Employees: in
accordance with the Conditions Award.
employees, engaged under Ministerial authority: in accordance with the Uniform
and Seven-Day Shift Workers -
(a) In addition to
the normal recreation leave provisions, a caretaker or seven-day shift worker,
at the end of each year of continuous employment shall be entitled to an
additional one week’s leave:
If during the year of employment only a portion of it
has been served as a caretaker or a seven-day shift worker, the additional
leave shall be 3.25 hours for each completed month of employment in those
classifications. Where the additional leave is or comprises a fraction of a
day, such fraction shall not form part of the leave period and shall be
discharged by payment only.
(b) Where the
employment of a caretaker or seven-day shift worker is terminated and the
person thereby becomes entitled to payment in lieu of recreation leave for a
period of employment, such person also shall be entitled to an additional
payment of 3.25 hours at their ordinary rate of pay for each completed month of
(iii) For the
purposes of this clause, a seven-day shift worker means an employee whose
ordinary working period includes Sunday and /or holidays on which the employee
may be regularly rostered for work.
Redundant as leave is provided in (i)
24. Family &
Community Services Leave
(i) The Chief
Executive Officer or Managing Director may grant family and community service
leave to an employee:
(a) for reasons
related to the family responsibilities of the employee, or
(b) for reasons
related to the performance of community service by the employee, or
(c) in a case of
(ii) Family and
Community Services Leave replaces Short leave.
(iii) The maximum
amount of family and community services leave on full pay that may be granted
to an employee is:
(a) 2.5 working
days during the first year of service and 5 working days in any period of 2
years after the first year of service, or
(b) 1 working day
for each year of service after 2 years continuous service, minus any period of
family and community service leave already taken by the employee, whichever is
the greater period
(iv) Family and
community service leave is available to part-time employees on a pro rata
basis, based on the number of hours worked.
(v) Where family
and community service leave has been exhausted, additional paid family and
community service leave of up to 2 days may be granted on a discrete `per
occasion’ basis on the death of a person defined in Clause 21(iii)a)(2).
25. Parental Leave
The entitlement to parental leave shall be as follows:
(a) Employees: in
accordance with the Conditions Award
(b) Ministerial employees, engaged under
Ministerial Authority, in accordance with the Uniform Leave Conditions.
Leave/Long Service Leave
entitlement to extended leave/long service leave shall be as follows:
(a) Employees: in
accordance with the Act and the Government
Sector Employment Regulation 2014.
employees, engaged under Ministerial authority in accordance with the Uniform
27. Other Forms of
(i) Employees: in
Accordance With the Public Sector
Employment and Management (General) Regulation 1996 and the Conditions
Award, Or Any Replacement Award,
employees, engaged under Ministerial Authority: see Uniform Leave Conditions.
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
(iii) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti‑ discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
(v) 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.
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) Section 56(d)
of the Anti-Discrimination Act 1977
"Nothing in the 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."
29. Dispute Resolution
Any dispute shall be dealt with in the following
(i) in the event
of a claim, issue or dispute, the employee(s) and/or delegate(s) of the union
will place the claim, issue or dispute before the immediate supervisor. The immediate supervisor will take all
reasonable steps to reply to the employee(s) and/or delegate(s) as soon as
agreement, employee(s) and/or delegate(s) of the union will place the claim,
issue or dispute before the Manager or his/her deputy. The Manager or his/her deputy will take all
reasonable steps to reply to the employee(s) and/or delegate(s) as soon as
(iii) If no
agreement is reached at this stage on the claim, issue or dispute, the matter
will be fully reviewed by the Secretary of the union or its representative and
senior management. All reasonable steps will be taken to resolve the matter.
agreement, the claim, issue or dispute shall be referred to the Industrial
Relations Commission of New South Wales for resolution.
(v) All work shall
continue normally while the above procedures are taking place.
30. Non-Reduction of
Existing Wages and Conditions
Wages And Conditions
still in receipt of a 20% part-time loading shall continue to receive such
loading under the protection of the Public
Sector Employment and Management Act 2002.
employees as at 31 January 1992 shall not be compelled to work broken shifts or
become seven-day shift workers in accordance with the provisions of this
award. However, employees engaged after
31 January 1992 may be required to work broken shifts or work ordinary hours
over seven days of the week.
(i) This award
shall not apply to persons currently employed in terms of Determination No. 768 of 1982 - Security Officers and Senior Security
Officers, Various Departments, made pursuant to Section 130 of the Public Sector Employment and Management Act
2002 or any variation or replacement thereof.
32. Deduction of Union
(i) The Union
shall provide the employer with a schedule setting out the Union’s fortnightly
membership fees payable by members of the Union in accordance with the Union’s
(ii) The Union
shall advise the employer 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 employer at least one month in advance of the variation taking effect.
(iii) Subject to
(i) and (ii) above, the employer shall deduct Union fortnightly membership fees
from the pay of any employee who is a member of the Union in accordance with the
Union’s rules, provided that the employee has authorised the employer to make
(iv) Monies so
deducted from employees’ pay will be forwarded regularly to the Union together
with all necessary information to enable the Union to reconcile and credit
subscriptions to employees’ Union membership accounts.
(v) Unless other
arrangements are agreed to by the Department of Education and the Union, all
Union membership fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of Union 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.
33. Area, Incidence
This award shall apply to:
non-executive public service employees as defined in the Government Sector
Employment Act, 2013 employed in Departments, Public Service executive agencies
related to Departments, and separate Public Service agencies, listed in
Schedule 1 to the Government Sector Employment Act, 2013, except where another
industrial instrument or arrangement applies to the employees; and
b. any officer,
Departmental temporary employee and casual employee who, as at 23 February
2014, was employed in a Department listed in Schedule 1, Part 1, of the Public
Sector Employment and Management Act, 2002 and who was covered by this award on
that date will continue to be covered by
who are employed in the classifications contained in
this Award or under Ministerial Authority, excluding the County of Yancowinna,
within the jurisdiction of the Security and Cleaning, &c (State) Industrial
(ii) This award
rescinds and replaces the Crown Employees
(Security and General Services) Award 2012 published 27 July 2012, (373
(iii) 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 2 August 2016.
(iv) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
Table 1 - Rates of Pay
Rates of pay for this award are now contained in the
Crown Employees Wages Staff (Rates of Pay) Award 2015.
Rates of Pay
Per week as at
General Services Officer
Part-time Employees - General Services Officer Grade 2
Application to school based employees of the Department
Clause 7 Rates of
Per week as at
Table 2 – Work
Clause 9 -
As at 1.7.15
Leading Hands Allowance: (per week)
1 - 5 employees
6 - 10 employees
Over 20 employees –
for each employee over 20 an
additional 50 cents is paid
Qualification allowance (per week)
First Aid Allowance (per week)
Boiler Attendants Certificate (per
Refrigeration Drivers Certificate (per week)
Contingency Allowance (per week)
1-10 Hours per week
11 to 25 hours per week
26 to 38 hours per week
Toilet allowance (per week)
Multi-Purpose Machines Allowance -
Furniture removal allowance - per shift
Torches - per shift
Laundry allowance - per shift
Locomotion allowance - per shift
Motor Vehicle Allowances – Official Business Rate
Bicycle allowance - per shift
Broken Shifts allowance (per day)
Excess Fares allowance (per week)
Accommodation deduction (per week)
Application to school based employees of the Department
Clause 9 -
As at 1.7.15
(i) Leading Hands Allowance (per week)
1 - 5 employees
6 - 10 employees
Over 20 employees –
for each employee over 20 an
additional 50 cents is paid
(v) Contingency Allowance (per week)
1-10 Hours per week
11 to 25 Hours per week
26 to 38 Hours per week
J. D. STANTON, Commissioner
the authority of the Industrial Registrar.