Crown Employees (School Administrative and Support
Staff, General Assistants in Schools) Standdown Award
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00006989)
Before Commissioner Stanton
2 August 2016
Clause No. Subject Matter
During School Vacations
Incidence and Duration
means and includes persons employed as School Administrative and Support Staff
under section 21 of the Education (School Administrative and Support Staff)
Act 1987 and persons employed as General Assistants under section 43 (1)(b)
of the Government Sector Employment Act 2013.
Administrative and Support Staff" means and includes persons employed as
Aboriginal Education Officers, School Administrative Officers, School
Administrative Managers, School Learning Support Officers (Pre-School), School
Learning Support Officers, School Learning Support Officers (Braille
Transcriber), School Learning Support Officers (Sign Interpreter) and School Learning Support Officers (Ethnic).
means the New South Wales Department of Education and the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
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 Relation 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 the Crown Employees (School Administrative and Support Staff)
Award or the Crown Employees (General Assistants in Schools - Department of
Education) 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 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
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.
4. Payment During
4.1 When schools
are in recess and employees are not required to work they shall be paid half ordinary
pay for the period of recess provided that they are continuously employed for
the full school term immediately preceding and for the full school term
immediately following the recess.
Provided that where an employee takes leave without
pay, in accordance with the Crown Employees (School Administrative and Support
Staff) Award exceeding five continuous days in a school term, the period of the
school vacation next following such leave for which payment is made pursuant to
this clause shall be reduced proportionately. A period of leave without pay of
five continuous days or less shall not lead to a reduction in award
4.2 Subclause 4.1
shall not apply in the first four weeks of the summer vacation whether or not
the employee is receiving payment for recreation leave pursuant to the Crown
Employees (School Administrative and Support Staff) Award or when the employee
is being paid for a public holiday.
5. Area, Incidence and
5.1 This award
shall apply to all employees as defined in clause 2, Definitions above.
5.2 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 2 August 2016.
5.3 Changes made to
this award subsequent to it first being published on 17 August 2012 (374 I.G.
242) have been incorporated into this award as part of the review.
5.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
J. D. STANTON, Commissioner
the authority of the Industrial Registrar.