CROWN EMPLOYEES (DEPARTMENT OF JUVENILE JUSTICE - DETENTION CENTRES 2005) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4134 of 2005)

 

 

REVIEWED AWARD

 

1.  Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Title

3.         Definitions

4.         Hours

5.         Casual Employment

6.         Part-time Employment

7.         Shift Work - Operational Stream

8.         All Incidences Allowance - Managerial Stream

9.         Annual Leave 

10.       Annual Leave Loading

11.       Overtime

12.       Leave in Lieu of Payment of Overtime

13.       Leave Entitlements

14.       Rates of Pay and Allowances

15.       Higher Duties

16.       Entry, Promotion and Qualifications

17.       Transitional Arrangements

18.       Uniforms and Protective Clothing

19.       Settlement of Disputes

20.       Anti-Discrimination

21.       Deduction of Union Membership Fees

22.       Leave Reserved

23.       Notation

24.       Area, Incidence and Duration

 

PART B - Monetary Rates

 

Table 1 - Rates of Pay

Table 2 - Allowances

 

Appendix A - Entry, Promotion and Qualifications

Appendix B - Transition of Existing Classifications

 

2.  Title

 

This Award shall be known as the Crown Employees (Department of Juvenile Justice  Detention Centres 2005) Award.

 

3.  Definitions

 

"Act" means the Public Sector Employment and Management Act 2002 as amended.

 

"Association" means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

"Casual Employee" means and includes all persons employed to work in an existing vacancy or in addition to normal staffing needs on a piecemeal basis, but shall not include a person employed in a temporary capacity for a set period.

 

"Centre" means a Juvenile Justice Detention Centre.

 

"Counselling and Administrative Stream" comprises staff members who are not engaged in the Managerial or the Operational Streams.  This stream does not include Psychologists.  Positions in this stream include:

 

Clerical Officer;

 

Counsellor; and

 

Staff Development Officer.

 

"Day Worker" means a staff member, other than a shift worker, who works ordinary hours from Monday to Friday and who commences work on such days at or after 6.00 am and before 10.00 am otherwise than as part of a shift system.

 

"Department" means the New South Wales Department of Juvenile Justice as listed in Schedule 1 of the Act.

 

"Director-General" means the Chief Executive Officer of the Department.

 

"Managerial Stream" comprises staff members engaged to perform duties relating to the management of a Centre and includes the positions of:

 

Centre Manager;

 

Assistant Manager;

 

Assistant Manager (Client Services); and

 

Unit Manager.

 

"Operational Stream" comprises staff members engaged to perform duties relating to direct service delivery to clients within a Centre and includes the positions of:

 

Youth Officer;

 

Vocational Instructor;

 

Unit Coordinator; and

 

Kitchen Support Officer.

 

"PEO" means the Public Employment Office.

 

"Regulation" means the Public Sector Employment and Management (General) Regulation 1996.

 

Shift Worker" means a staff member engaged in the operational stream who works the ordinary rostered hours up to 19 days in a 28 day period.

 

"Staff member" means an officer or temporary employee as defined in the Act and, unless otherwise specified in the Crown Employees (Public Service Conditions of Employment) Award 2002, includes both full-time and part-time staff.

 

Notation: General Conditions of Employment

 

It is the intention of the parties to this Award that all other conditions not specified in this Award shall be provided in accordance with the Crown Employees (Public Service Conditions of Employment) Award 2002 and the Public Service of New South Wales Personnel Handbook.

 

4.  Hours

 

4.1        Operational Stream

 

(a)        Ordinary Hours

 

(i)         The ordinary hours of work for staff members employed as shift workers in Centres shall not exceed 152 hours per 28 calendar days or an average of 38 hours per week in each roster cycle.  Each staff member shall be free from duty for not less than eight full days and an allocated rostered day off in each cycle.

 

(ii)        The hours of work prescribed in paragraph (a)(i) of this sub-clause shall be arranged to allow variable working hours in each roster cycle of 28 days to ensure that each staff member shall work his/her other ordinary hours of work on not more than nineteen days in the cycle.

 

(b)        Rostered Day Off Duty

 

(i)         Time for a rostered day off duty accrues at 0.4 of an hour for each eight hour day or shift.

 

(ii)        All paid ordinary working time and paid leave count towards accrual of time for the rostered day off duty.

 

(iii)       The staff member’s rostered day off duty prescribed in paragraph (a)(ii) of this sub-clause shall be determined by having regard to the operational needs of the Centre.  Where practicable the rostered day off duty shall be consecutive with the days off prescribed in paragraph (a)(i) of this sub-clause.

 

(iv)      Should the operational needs of the Centre require the rostered day off duty to be changed, another day shall be substituted in the current cycle.  Should this not be practicable the day must be given and taken in the next cycle immediately following.

 

(v)       Where a staff member has accumulated sufficient time to take his/her rostered day off duty prior to entering on annual leave, it shall be allowed to the staff member on the first working day immediately following the period of leave.

 

(vi)      Where a staff member has not accumulated sufficient time for a rostered day off duty prior to entering on annual leave, time in credit shall count towards taking the next rostered day off duty falling in roster sequence after the staff member’s return to duty.

 

(vii)     A staff member shall be entitled to the next rostered day off duty after returning from a period of worker’s compensation leave or extended leave.

 

(viii)    A rostered day off duty is not re-credited if the staff member is ill or incapacitated on a rostered day off duty.  However sick leave shall not be debited.

 

(ix)       Upon termination of employment, the staff member shall be paid for any untaken rostered time off.

 

(x)        Permanent part-time staff members due to the terms of engagement, are paid for all time worked as there is no accrual of time for rostered days off duty.

 

(c)        Meal Breaks

 

(i)         Meal breaks must be given to and taken by staff members.  No staff member shall be required to work continuously for more than five hours without a meal break of no less than 30 minutes.  However where a staff member is called upon to work for any portion of a rostered unpaid meal break, such time shall be paid for at overtime rates.

 

(ii)        Where the nature of the work of a staff member or a group of staff members is such that meals are to be taken at the allocated meal time for young persons in care, in these circumstances the provisions of paragraph (i) of this sub-clause shall not apply.  However, all time in such circumstances shall be paid at the appropriate rate for the shift and the Department shall provide a meal to each staff member free of charge, the meal to be of the same or no less than the quality of that provided to the young persons under supervision.

 

(iii)       The time taken for a staff member required to take his/her meals with clients shall be considered as ordinary hours of work.

 

(d)        Rosters

 

(i)         The ordinary hours of work for each staff member shall be displayed on a roster in a place conveniently accessible to staff members.  The roster covering a minimum period of 28 days, where practical, shall be displayed at least 14 days prior to the commencing date of the first working period in any roster.

 

(ii)        A roster may be altered at any time to enable the service of a Centre to be delivered where another officer is absent from duty on account of illness, in an emergency or due to unforeseen circumstances.  Where any such alteration involves a staff member working on a day that would have been his or her day off such time worked shall be paid for at overtime rates as specified in clause 11, Overtime of this Award.

 

(iii)       Where practicable, a staff member who is required to change from one shift to another shift shall be given 48 hours notice of the proposed change.

 

(iv)      Rostered days off duty in accordance with paragraph (b) of this sub-clause are to be shown on the roster of hours for each staff member.

 

(v)       There shall be a minimum break of eight hours between ordinary rostered shifts.

 

4.2        Counselling and Administrative Stream

 

(a)        The ordinary hours of work are 35 hours per week, Monday to Friday inclusive and are subject to the conditions specified by the Crown Employees (Public Service Conditions of Employment) Award 2002 and subsequent variations and in accordance with the Department of Juvenile Justice Flexible Working Hours Agreement as amended from time to time.

 

4.3        Managerial Stream

 

(a)        The provisions of sub-clause 4.1 of this clause shall apply with the exception of sub-paragraph (b)(iv) and paragraph (d) of that sub-clause.

 

(b)        Should the operational needs of the Centre require the rostered day off duty to be changed, another day shall be substituted in the current cycle.  Should this not be practicable, rostered days off duty may be accrued to a maximum of 5 days in any calendar year and be taken in a less active period.

 

5.  Casual Employment

 

5.1        A casual staff member is one engaged on an hourly basis.

 

5.2        A casual staff member may only be engaged for short-term periods where there is the need to supplement the workforce arising from fluctuations in the needs of the Centre.

 

5.3        A casual staff member shall be paid on an hourly basis based on the appropriate rate prescribed in Table 1, of Part ‘B’, plus 15% thereof with a minimum payment of four (4) hours for each engagement.  This loaded rate of pay is in lieu of all leave entitlements, other than recreation and extended leave.

 

5.4        A casual staff member shall be entitled to the shift allowances prescribed in clause 7, Shift Work, where a shift commences prior to 6 a.m. or finishes subsequent to 6 p.m.

 

5.5        For weekend and public holiday work, casual staff members shall, in lieu of all other penalty rates and the 15% casual loading, receive the following rates:

 

(a)        time and one half for work between midnight Friday and midnight Saturday;

 

(b)        time and three quarters for work between midnight Saturday and midnight Sunday; and

 

(c)        double time and one half for work on a public holiday.

 

(d)        for the purpose of this clause, any shift of which 50% or more is worked on a Saturday, Sunday or public holiday shall be deemed to have been worked wholly on a Saturday, Sunday or public holiday and shall be paid as such.

 

5.6        On termination a casual employee shall be paid 1/12th of ordinary earnings in lieu of recreation leave.

 

5.7        A casual employee's employment may be terminated for any reason by the giving of one hour’s notice by either party.

 

6.  Part-Time Employment

 

6.1        The Department is committed to providing part-time work opportunities where practicable.  Such arrangements should provide flexibility for effective use of resources for the Department's operation and be of benefit to staff members.

 

6.2        Part-time staff members shall be entitled to all other benefits of this Award not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full time hours for the position.

 

6.3        Part-time arrangements must be acceptable to both the Department and the staff member and shall be in accordance with Flexible Work Practices Policy and Guidelines issued by the PEO.

 

6.4        Where a part-time staff member works more hours than the ordinary hours of work for full-time staff members engaged on a shift, overtime, in accordance with Clause 11 - Overtime, shall apply.

 

6.5        Operational and Managerial Stream

 

(a)        For the purposes of this Award, an operational or managerial stream part time staff member is one who is permanently appointed to work a specified number of hours less than 152 hours per 28 days.  A part time staff member will be free from duty for not less than eight days in each cycle.

 

(b)        A part-time staff member may work up to 152 hours in a 28 day period and in such case shall be paid for the hours actually worked at an hourly rate calculated on the appropriate rate prescribed in this Award.

 

6.6        Counselling and Administrative Stream

 

(a)        For the purposes of this Award, a part time counselling or administrative staff member is one who is permanently appointed to work a specified number of hours less than 35 hours in a five day week.

 

(b)        A part-time staff member may work up to 35 hours in a 5 day week and in such case shall be paid for the hours actually worked at an hourly rate calculated on the appropriate rate prescribed in this Award.

 

7.  Shift Work - Operational Stream

 

7.1           Monday to Friday - Shift Loadings

 

(a)        A shift worker employed on a shift shall be paid, for work performed during the ordinary hours of any such shift, ordinary rates plus the following shift loadings depending on the commencing times of such shifts:

 

 

(b)        The loadings specified in this sub-clause shall only apply to shifts worked from Monday to Friday.

 

7.2        Weekends and Public Holidays - Penalties

 

(a)        For the purpose of this sub-clause, any shift of which 50% or more is worked on a Saturday, Sunday or public holiday shall be deemed to have been worked wholly on a Saturday, Sunday or public holiday and shall be paid as such.

 

(b)        Saturday Shifts - Shift workers working on an ordinary rostered shift between midnight on Friday and midnight on Saturday which is not a public holiday, shall be paid for such shifts at ordinary time and one half.

 

(c)        Sunday Shifts - Shift workers working on an ordinary rostered shift between midnight on Saturday and midnight on Sunday which is not a public holiday, shall be paid for such shifts at ordinary time and three quarters.

 

(d)        Public Holidays - The following shall apply:

 

(i)         where a shift worker is required to and does work on a public holiday, the shift worker shall be paid at two and a half times the rate for time worked. Such payment shall be in lieu of weekend or shift allowances which would have been payable if the day had not been a public holiday;

 

(ii)        a shift worker rostered off duty on a public holiday shall be paid one day’s pay for that public holiday or have one day added to his/her annual leave entitlement for each such day.

 

(e)        A shift worker is entitled to receive compensation for regularly working Sundays and public holidays as specified in sub-clause 9.1(b) of Clause 9 - Annual Leave.

 

8.  All Incidences Allowance - Managerial Stream

 

8.1        The percentage allowance prescribed in Table 2, Part B of this Award is payable to staff members employed within the Managerial Stream in lieu of payment of shift penalties, on call, leave loading and overtime rates.  However, the Director-General has the discretion to approve that work outside normal rostered hours attract the provisions of Clause 11 - Overtime.

 

8.2        This allowance is payable for all incidences of employment and shall be regarded as part of salary for superannuation purposes.

 

8.3        The additional payment, as specified in Clause 9 - Annual Leave, also applies to staff members engaged in the Managerial Stream.

 

9.  Annual Leave

 

9.1        Operational and Managerial Streams

 

(a)        Annual leave at the rate of six weeks per year inclusive of any public holiday/s.

 

(b)        Additional payment on the following basis:

 

 

(c)        The additional payment shall be made after the 1st December in each year for the preceding twelve months, provided that:

 

(i)         Where the employment of a staff member is terminated or the staff member retires, the staff member shall be entitled to be paid the additional payment that may have accrued under this paragraph from the preceding 1 December until date of termination or retirement.

 

(ii)        Payment shall made at the rate applying as at 1 December each year, or at date of termination or retirement.

 

9.2        Counselling and Administrative Stream

 

Staff members engaged in this stream shall be entitled to annual leave in accordance with the provisions of the Regulation and the Crown Employees (Public Service Conditions of Employment) Award 2002, that is, paid annual leave for full time staff members and annual leave for staff members working part time, accrues at the rate of 20 working days per year.  Staff members working part time shall accrue paid annual leave on a pro rata basis, which will be determined on the average weekly hours worked per leave year.

 

10.  Annual Leave Loading

 

10.1      With the exception of those staff members engaged in the Managerial Stream, staff members under the terms of this Award are entitled to the payment of an annual leave loading of 17.5% on the monetary value of four weeks recreation leave accrued in a leave year.

 

10.2      Loading on additional leave accrued:  Where additional leave is accrued by staff members:

 

(a)        as compensation for work performed regularly on Sundays and/or Public Holidays, the annual leave loading shall be calculated on the actual leave accrued or on five weeks, whichever is the higher; or

 

(b)        if located 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 4 weeks leave.

 

10.3      Shift workers proceeding on recreation leave are eligible to receive the more favourable of:

 

(a)        the shift premiums and penalty rates, or any other allowances paid on a regular basis in lieu thereof, which they would have received had they not been on recreation leave; or

 

(b)        17½% annual leave loading.

 

10.4      The annual leave loading payable shall not exceed the amount which would have been payable to a staff member in receipt of salary equivalent to the maximum salary for Grade 12 Clerk.

 

10.5      Leave year: For the purposes of the calculation of the annual leave loading, the leave year shall commence on 1 December each year and shall end on 30 November of the following year.

 

11.  Overtime

 

11.1      All Streams

 

Overtime shall be paid to staff members engaged under this Award at the following rates and conditions:

 

(a)        The rates specified are in substitution for and not cumulative upon the rates payable for work performed on Monday to Friday, Saturday, Sunday or public holidays.

 

(b)        For the purposes of assessing overtime each day shall stand alone.  Where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if it had occurred within the one day.

 

(c)        Overtime shall be paid for hours worked in excess of the ordinary hours of work, as defined in Clause 4 - Hours.  Entitlements under this clause for staff members in the Managerial Stream are restricted by the provisions of Clause 8 - All Incidences Allowances - Managerial Stream .

 

(d)        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 outside the staff member’s ordinary hours of duty.

 

(e)        Saturday - All overtime 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.

 

(f)         Sundays - All overtime worked on a Sunday at the rate of double time.

 

(g)        Public Holidays - All overtime worked on a public holiday at the rate of double time and one half.

 

(h)        A staff member may be directed to perform reasonable overtime.  A staff member must report for duty if required unless exceptional circumstances exist.

 

(i)         For Operational Stream only:  Where a change in a staff member’s roster occurs with less than 48 hours notice to the staff member affected, all time worked outside that shown on the staff member’s roster (prior to alteration) shall be paid for at overtime rates.

 

11.2      Break After Overtime

 

(a)        A staff member who works overtime shall be entitled to be absent from duty until eight consecutive hours have elapsed.

 

(b)        Where a staff member, at the direction of the Department, resumes or continues work without having had eight consecutive hours off duty then the staff member shall be paid at the appropriate overtime rate until released from duty.  The staff member shall then be entitled to eight consecutive hours off duty.

 

11.3      Recalled to Work Overtime

 

(a)        "On Call" - When a staff member, other than a staff member engaged in the Managerial Stream, is directed to be on call for a possible recall to duty, payment of an "on call" allowance shall be made.  The allowance to be paid is that specified by the Crown Employees (Public Service Conditions of Employment) Award 2002 and subsequent variations.

 

(b)        Staff members recalled to work overtime after leaving the Department’s premises, shall be paid for a minimum of four hours work at the appropriate rate for each time so recalled.

 

11.4.     A staff member may be directed by the Department Head to work overtime, provided it is reasonable for the staff member to be required to do so.  A staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working unreasonable hours.  In determining what is unreasonable, the following factors shall be taken into account:

 

(1)        the staff member’s prior commitments outside the workplace, particular the staff member’s family and carer responsibilities, community obligations or study arrangements,

 

(2)        any risk to staff member health and safety,

 

(3)        the urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services,

 

(4)        the notice (if any) given by the Department Head regarding the working of the overtime, and by the staff member of their intention to refuse overtime, or

 

(5)        any other relevant matter.

 

12.  Leave in Lieu of Payment of Overtime

 

A staff member who at the direction of the Department works overtime may elect to take leave in lieu of payment for all or part of the entitlement in respect of time worked.

 

The following provisions shall apply to taking the leave in lieu:

 

12.1      the staff member shall advise the supervisor before the overtime is worked or as soon as practicable on completion of overtime, that the staff member intends to take leave in lieu of payment;

 

12.2      the leave shall be calculated at the same rate as would have applied to the payment of overtime in Clause 11, Overtime.

 

12.3      the leave must be taken at the convenience of the Department, except when leave in lieu is being taken to look after a sick family member in line with the provisions of the Crown Employees (Public Service Conditions of Employment) Award 2002 and subsequent variations;

 

12.4      the leave shall be taken as accrued in multiples of no less than a quarter hour;

 

12.5      leave in lieu accrued in respect of overtime worked on days other than public holidays, shall be given by the Department and taken by the staff member within three months of accrual;

 

12.6      at the staff member's election, leave in lieu accrued in respect of overtime worked on a public holiday may be added to the staff member’s annual leave credits and may be taken in conjunction with annual leave; and

 

12.7      a staff member shall be paid for the balance of any overtime entitlement not taken as leave in lieu.

 

13.  Leave Entitlements

 

13.1      All leave (except for extended leave) shall be granted and administered in accordance with Part 6 of the Regulation and the leave provisions of the Crown Employees (Public Service Conditions of Employment) Award 2002 and subsequent variations.

 

13.2      Extended leave shall accrue and shall be granted to staff members in accordance with the provisions of Schedule 3 to the Act.

 

14.  Rates of Pay and Allowances

 

The minimum rates of pay and allowances to be paid to staff members are set out in Table 1, Part B of this Award. 

 

15.  Higher Duties

 

15.1      Staff members engaged in the Managerial and Operational Streams, when called upon by the Department to perform work of a classification or position paid on a higher rate, shall be paid the higher rate on the completion of a minimum of one eight hour shift, or equivalent working day.

 

15.2      Staff members engaged in the Counselling and Administrative Stream when called upon by the Department to perform work of a classification or position paid on a higher rate shall be paid the higher rate in terms of the Regulations.

 

15.3      Relieving for part of a shift in a higher position shall not attract monetary payment but shall be compensated through the acquisition of skills and experience gained by this opportunity.

 

15.4      The provisions of this clause apply only where a staff member relieves in another position covered by this Award.

 

16.  Entry, Promotion and Qualifications

 

16.1      The appointment of staff members to vacant positions shall be by competitive merit selection process, or by transfer between like positions, as set out in the Act.

 

16.2      Staff members are required to complete the qualifications as specified in Tables 1 (a), (b) or (c), Appendix A, of this Award for entry into a stream.

 

16.3      Staff members are required to complete the qualifications as specified in Tables 1 (a), (b), or (c), Appendix A, of this Award for progression within a stream or across streams.

 

16.4      Staff members employed prior to the commencement date of this Award may be:

 

(a)        appointed to the following vacant positions namely:

 

(i)         Table 1 (a) (iv), Appendix A, re Unit Coordinator; or

 

(ii)        Table 1 (b) (i), Appendix A, re Unit Manager; or

 

(iii)       Table 1 (b) (ii), Appendix A, re Assistant Manager; or

 

(iv)      Table 1 (b) (iii), Appendix A, re Assistant Manager (Client Services);

 

(v)       Table 1 (b) (iv), Appendix A, re Centre Manager; and

 

(b)        subject to subclause 16.1. of this Award; and

 

(c)        exempt from the requirements of subclause 16.2. for this transition to the Award; and

 

(d)        dealt with under Clause 17, Transitional Arrangements.

 

17.  Transitional Arrangements

 

17.1      Appendix B - Transition of Existing Classifications, Part B of this Award outlines existing classifications and translation to the remuneration and classification structure applicable to this Award.

 

17.2      Staff members appointed under sub-clause 16.4. of Clause 16 - Entry, Promotion and Qualifications of this Award shall be required to meet the following conditions:

 

(a)        staff members appointed to a position outlined in Table 1 (a) (iv), Appendix A, Part B shall be required to obtain the qualification specified within three years of the full availability of the prescribed qualification.

 

(b)        staff members appointed to a position outlined in Tables 1 (b) (i) and (ii), appendix A, Part B shall be required to obtain the qualification specified within six years of appointment to the position.

 

(c)        staff members, who hold a three year degree, appointed to a position outlined in Table 1 (b) (iii), Appendix A, Part B shall be required to obtain the qualification specified within three years of appointment to the position.

 

17.3      Staff members covered by sub-clause 17.2 of this clause shall remain on the incremental year to which he/she was appointed under Clause 16 - Entry, Promotion and Qualifications, until such time he/she completes the prescribed qualification.

 

17.4      Should a staff member be unable to meet the prescribed qualification requirements within the timeframes outlined in sub-clause 17.2 of this clause, the staff member shall be deemed not to meet the requirements of the position and shall be placed in a position within the previous Level and receive the highest salary appropriate to the previous level.  However should the non-completion of the prescribed qualification requirement by the staff member be due to compelling personal or compassionate reasons or operational exigencies, the decision to place the staff member at a lower level shall be reviewed.

 

17.5      The onus is on the staff member to show cause for their inability to complete the qualification requirements to the Centre Manager for endorsement and approval by the Director Human Resources.

 

17.6      Should the staff member be aggrieved by the decision given, the process for resolution of the grievance as outlined in Clause 19, Settlement of Disputes, are to be followed.

 

18.  Uniforms and Protective Clothing

 

18.1      Sufficient and serviceable uniforms or overalls shall be supplied, free of cost, to each staff member or casual staff member required to wear them, provided that any staff member or casual staff member to whom a new uniform or part of a uniform has been supplied by the Department who without good reason, fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment therefore at a reasonable price.

 

18.2      A staff member or casual staff member on leaving the service of the Department shall return any uniform or part thereof supplied by the Department which is still in use by that staff member immediately or prior to leaving.

 

18.3      If the uniform of a staff member or casual staff member is not laundered at the expense of the Department, an allowance prescribed in Table 2 - Allowances, of Part B of the Award, shall be paid to such staff members.

 

18.4      Each staff member or casual staff member whose duties require him/her to work in the rain shall be supplied with suitable protective clothing upon request.

 

18.5      Each staff member or casual staff member whose duties require him/her to work in a hazardous situation with or near machinery shall be supplied with appropriate protective clothing and equipment.

 

19.  Settlement of Disputes

 

19.1      All industrial grievances or disputes shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the department, if required.

 

19.2      A staff member is required to notify in writing their immediate supervisor, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

19.3      Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti Discrimination Act 1977 that makes it impractical for the staff member to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Department Head or delegate.

 

19.4      The immediate supervisor, or other appropriate officer, shall convene a meeting in order to resolve the grievance, dispute or difficulty within two working days, or as soon as practicable, of the matter being brought to attention.

 

19.5      If the matter remains unresolved with the immediate supervisor, the staff member may request to meet the appropriate person at the next level of management in order to resolve the matter.  This manager shall respond within two working days, or as soon as practicable.  The staff member may pursue the sequence of reference to successive levels of management until the matter is referred to the Centre Manager and subsequently to the Regional Director.

 

19.6      The Centre Manager or Regional Director may refer the matter to the Department’s Human Resources Branch or any senior staff member delegated by the Director-General of the Department.

 

19.7      The Director-General may refer the matter to the PEO for consideration.

 

19.8      If the matter remains unresolved, the Department shall provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

19.9      A staff member, at any stage, may request to be represented by the Association.

 

19.10    If the matter remains unresolved, either of the parties may refer the matter to the New South Wales Industrial Relations Commission.  The parties shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

19.11    Whilst the procedures outlined in this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.

 

20.  Anti Discrimination

 

20.1      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.

 

20.2      It follows that in fulfilling their obligations under Clause 19 - Settlement of Disputes, 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 shall 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.

 

20.3      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.

 

20.4      Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56 (d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

20.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

20.6      The Department and its employees may also be subject to Commonwealth Anti-Discrimination legislation.

 

20.7      Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"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."

 

21.  Deduction of Union Membership Fees

 

21.1      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.

 

21.2      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.

 

21.3      Subject to 21.1 and 21.2 above, the Department shall deduct union fortnightly membership fees from the pay of any staff member who is a member of the Association in accordance with the Association's rules, provided that the staff member has authorised the Department to make such deductions.

 

21.4      Monies so deducted from staff member's pay shall be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to staff members' union membership accounts.

 

21.5      Unless other arrangements are agreed to by the Department and the Association, all union membership fees shall be deducted on a fortnightly basis.

 

21.6      Where a staff member 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 staff member to make a fresh authorisation in order for such deductions to continue.

 

22.  Leave Reserved

 

This clause provides leave reserved to the Department and the Association to negotiate on the issues of rates of pay, conditions and entitlements for staff members engaged in transport related duties.  Both parties commit to the completion of the negotiations on this issue within six (6) months of the commencement date of this Award.

 

23.  Notation

 

This Award shall apply in place of the following industrial instruments with respect to the classifications contained in this Award:

 

Crown Employees (Administrative and Clerical Officers - Salaries 2003) Award.

 

Clerical Officers, All Departments Agreement No 2515 of 1988.

 

Section 82 (1) Determination No 866 of 1987 - Departmental Professional Officers.

 

Crown Employees (Department of Juvenile Justice - Direct Care Staff (Centres) 2004 Award.

 

24.  Area, Incidence and Duration

 

24.1      This Award shall apply to staff members in the Department of Juvenile Justice in the positions and classifications identified in this Award.

 

24.2      Staff members are entitled to the conditions of employment provided by this Award and by the Public Sector Employment and Management Act 2002 and the Public Sector Employment and Management (General) Regulation 1996.  The provisions of the Crown Employees (Public Service Conditions of Employment) Award 2002 or any replacement award, also apply to staff members covered by this Award, except where specifically varied by this Award.

 

24.3      Staff members shall be remunerated in accordance with the Crown Employees (Public Sector - Salaries January, 2004) Award and any variation or replacement award.  Salaries at the time of making this Award are set out in Table 1 Rates of Pay in Part B of this Award.

 

24.4      The Award shall take effect from the first full pay period on or after 31 August 2002 and remains in force until 30 June 2004.

 

24.5      The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of NSW on 28 April 1999 (310 I.G. 359) and take effect on 24 November 2005.

 

24.6      This award was reviewed under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Department Of Juvenile Justice - Detention Centres 2002) Award, published 25 February 2005 (348 I.G. 743).

 

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

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay - First Pay Period 01/07/04

 

 

(1)        Does not include 15% casual loading

 

Table 2 - Rates of Pay - First Pay Period 01/07/05

 

 

(1)        Does not include 15% casual loading

 

Table 3 - Rates of Pay - First Pay Period 01/07/06

 

 

(1)        Does not include 15% casual loading

 

Table 2 - Allowances

 

Operational Stream

 

 

Chokage Allowance is provided to staff members who are required to assist in clearing sewerage chokages and are required to assist in opening up any soil pipe, waste pipe, drain pipe or pump containing sewerage or who are required to work in a septic tank in operation.

 

Managerial Stream

 

All Incidences Allowance - 22%

 

APPENDIX A

 

ENTRY, PROMOTION AND QUALIFICATIONS

 

Table 1 (a) - Operational Stream - Entry, Promotion and Qualifications

 

(i)         Kitchen Support Officer

 

 

Kitchen Support Officers shall not progress further through the Operational Stream after attainment of Level 1 Year 2.

 

(ii)        Youth Officer

 

 

Entry to Level 2 Year 2 is automatic upon advice of successful completion of Certificate III in Juvenile Justice + relevant experience.

 

Annual increments shall occur on the anniversary of the completion of Certificate III subject to satisfactory performance.

 

(iii)

 

(a)        Vocational Instructor (Trade, Maintenance, Grounds)

 

 

If the staff member holds a trade qualification relevant to the staff member’s vocational employment classification, the staff member shall be paid an allowance at the rate of $1,100.00 per year in addition to the rates prescribed.

 

(iii)

 

(b)        Vocational Instructor (Cook)

 

 

(iv)       Unit Coordinator

 

 

Table 1 (b) - Managerial Stream - Entry, Promotion and Qualifications

 

(i)         Unit Manager

 

 

(ii)        Assistant Manager

 

 

(iii)       Assistant Manager (Client Services)

 

 

(iv)       Centre Manager

 

 

The Centre Manager position of Baxter Juvenile Justice Centre shall be in the Level 9 band.

 

The Centre Manager positions of Cobham, Reiby, and Juniperina Juvenile Justice Centres shall be in the Level 8 band.

 

The Centre Manager positions at Riverina, Keelong, Acmena and Orana Juvenile Justice Centres shall be in the Level 7 band.

 

Table 1 (c) - Counselling and Administrative Stream - Entry, Promotion and Qualifications

 

(i)         Administrative

 

 

(ii)        Counsellors

 

 

APPENDIX B

 

TRANSITION OF EXISTING CLASSIFICATIONS

 

As at November 2002

 

(All tables are to be read from left to right)

 

Senior Youth Workers to Youth Officers

 

 

Vocational Instructors

 

 

Existing Vocational Instructors without qualifications shall translate to the appropriate salary rate as if they held qualifications.  No further progression through the new scale shall occur until a qualification is obtained.

 

Maintenance Officers and Outdoor Attendants to Vocational Instructors

 

 

Existing Maintenance Officers/Outdoor Attendants without qualifications shall translate to the appropriate salary rate as if they held qualifications.  No further progression through the new scale shall occur until a qualification is obtained.  Those officers with pre-requisite qualifications shall progress through the salary scale for Vocational Instructors.

 

DPO's to ‘Counsellors’

 

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.