WATERWAYS AUTHORITY OF NEW SOUTH WALES AWARD 1999
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1367 of 2001)
Before The Honourable
Justice Kavanagh
|
29 June 2001
|
REVIEWED AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Application
5. Coverage
6. Operation
of the Award
7. Objectives
of the Award
8. Contract
of Employment
9. Consultative
Arrangements
10. Remuneration
11. Working
Conditions
12. Additional
Flexible Working Practices
13. Productivity
14. Deductions
From Salary
15. 2000
Olympic Games
16. Employment
Security
17. Hours of
Work
18. Overtime
19. Grievance
Handling And Dispute Resolution
20. Leave
21. Staff And
Family Assistance
22. Relieving
23. Job
Redesign
24. Waterways
Job Evaluation System
25. Waterways
Authority Performance Management System
26. Authority
Skills Formation And Accreditation System
27. Training
& Development
28. Selection
Committees
29. Workplace
Representatives
30. Work
Environment
31. Personnel
Policies
32. Caravan,
Tent & Boat Allowance
33. No Extra
Claims
PART B
MONETARY RATES
Table 1 - Annual Salary Rate
Table 2 - Salary Rates for Personal Salaries
Schedule A - Awards/Agreements Succeeded
Appendix One
Appendix Two
Appendix Three
Appendix Four
Appendix Five
2. Title
This award shall be known as the Waterways Authority of New
South Wales Award 1999.
3. Definitions
(a) "Business
Unit" shall mean a Region or Branch of the Waterways Authority.
(b) "Casual
Staff" shall mean any staff engaged on an irregular day‑to‑day
basis or hourly hire.
(c) "Day
Worker" shall mean any staff who is not engaged in shift work.
(d) "Staff"
shall mean any persons engaged by the Waterways Authority on a full time,
casual, temporary or part-time basis, under the Ports Corporation and Waterways Management Act, 1995 (PC&WM
ACT) but does not include any person who resigned or whose services were
terminated prior to the date of operation of this Award.
(e) "Employer"
shall mean the Waterways Authority of New South Wales.
(f) "Full-Time
Staff" shall mean any staff engaged on a regular basis for the full
contract hours of this Award.
(g) "Hourly
Rate" shall be calculated by dividing the weekly rate by 38 or 35
depending upon the hours applicable to each classification prior to this Award.
(h) "Part‑Time
Staff" shall mean any staff engaged for set regular hours that are less
than the full contract hours of this Award.
(i) Personal salary
shall mean any salary in excess of the value of the position as determined by
the process of job evaluation or, for those staff who moved from the award
system into the 1993 MSB Enterprise Agreement, the interpolated rate or the
rate which resulted from redeployment or transfer at the time of transition.
(j) "PC and
WM Act" shall mean the Ports
Corporation and Waterways Management Act, 1995.
(k) "Professional
Engineer" shall mean a person qualified to carry out professional
engineering duties, that is, duties carried out by a person in any particular
employment, the adequate discharge of any portion of which duties requires
qualifications of the employee as (or at least equal to those of) a graduate
member of the Institution of Engineers, Australia.
(l) "Authority"
shall mean the Waterways Authority of New South Wales
(m) "Temporary
Staff" shall mean any staff engaged in a position for a nominated period
of more than one day, or for the duration of a nominated project or activity,
which is limited in time.
(n) "Waterways"
shall mean the Waterways Authority of New South Wales.
(o) "Weekly
Rate" shall be calculated by dividing the annualised salary by 52.17857.
4. Application
This award is between the following parties:
Australian Maritime Officers’ Union of New South Wales;
The Association of Professional Engineers, Scientists
and Managers, Australia (NSW Branch);
Australian Services Union of New South Wales;
The Seamen’s Union of Australia, New South Wales
Branch.
5. Coverage
The terms of this award shall apply to employees of the
Waterways Authority.
6. Operation of the Award
(i) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Waterways Authority
of New South Wales Award 1999 published 11 August 2000 (317 I.G. 830). The
award published 11 August 2000 rescinded and replaced all the awards as set out
in Schedule A - Awards/Agreements Succeeded, to the extent that such awards or
agreements apply to the employees covered by this award.
(ii) 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 Award made by the Industrial
Relations Commission of the New South Wales on 18 December 1998 (308 IG 307)
take effect on and from 29 June 2001.
(iii) The award
published 11 August 2000 took effect on and from 22 February 1999 and shall
remain in force until 30 June 2001. By
administrative action the annual salary rates as set out in Table 1 - Annual
Salary Rate, of Part B, Monetary Rates, shall take effect from the first full
pay period to commence on or after 1 December 1998.
(iv) It is noted
that the parties to this award intend to terminate, pursuant to the Industrial Relations Act 1996, the State
awards as set out in the said Schedule A as they apply to the employees covered
by this award, and the following Federal awards:
- Professional
Engineers (Maritime Services Board of New South Wales) Award 1980
- Professional Engineers (Maritime
Services Board of New South Wales) Senior Officers Award 1989
(v) The parties to
this award will commence negotiations on a new award no later than six months
prior to the termination of this award.
(vi) It is noted
that parties have entered into an Enterprise Agreement which shall operate in
association with this award and it is their intention to continue to enter into
Enterprise Agreements.
(vii) The Enterprise
Agreement shall be registered in the Industrial Relations Commission of New
South Wales. Further, in accordance with subclause (1) of Section 41 of the Industrial Relations Act 1996, the
Enterprise Agreement shall prevail over the provisions of any Award of the
Commission that deals with the same matters.
7. Objectives of the Award
The Parties recognise that the success of the Waterways
Authority depends on a commitment by all staff to the achievement of the
Authority's Corporate Plan. In this regard, this Award establishes, inter alia,
processes to facilitate the achievement of the objectives of the Corporate
Plan.
It is the intention of the Parties to this Award to
continue to implement workplace reform measures which provide greater
flexibility in the way that work is organised and performed, to improve the
efficiency, productivity and level of service delivery, to widen the skill and
experience base of staff, enhance job satisfaction and assist positively to
ensure the Authority is a best practice performer.
The Parties are committed to a process of continuous
improvement and the delivery of high standards of quality service to the
Authority's customers and by meeting agreed performance standards. These objectives will be pursued by the
identification of key performance areas and the setting of productivity targets
in the Waterways Authority Corporate Plan and in the respective business unit
plans.
As part of the continuous improvement process and,
arising from the monitoring and evaluation of the past two Enterprise
Agreements, it is intended that this Award should provide a period of
consolidation. Through this Award, many
initiatives previously commenced are confirmed as on-going systems or
conditions, while others are revised to incorporate improvements.
This involves moving towards:
• A more
participative style of management.
• Jobs designed
in a holistic manner to provide more satisfaction for the staff and a capacity
to provide better client service.
• Encouragement
of staff involvement in the running their part of the business and on product
teams and other ad hoc committees and by the development of work teams or
natural work groups that participate in decision making process at the local
level and contribute to the overall process of continuous improvement. This could involve the development and trial
of new methods, processes and procedures.
• The creation
of a learning organisation which encourages both individual and organisational
skills development and growth.
• A
performance-based culture that links employees’ efforts to the objectives of
the Corporate Plan.
• The nurturing
of a work environment built on equity, open communication, integrity and which
values the individual.
• A safe,
healthy and harassment free work environment.
The Authority, its staff and unions support a
harmonious industrial relations environment typified by consultation,
cooperation and participation in the workplace.
A common theme and fundamental feature of this Award is
the introduction of methods of work which will eliminate demarcations and
increase functional flexibility.
Functional flexibility is the ability of the
organisation to deploy and utilise the work force in the most efficient
manner. Measures relating to functional
flexibility include, but are not limited to, the broadening and redesign of
jobs to encompass a wider range of duties, multi skilling, a team work approach
(where appropriate), process redesign, improved communication, staff commitment
and involvement.
The parties agree and are committed to the continuation
of measures which may be required to improve performance, efficiency and
productivity whereby all staff will undertake duties which are within the range
of their skill, competence, training and experience.
As a necessary result of a flatter structure and the
need for work teams to assume a greater responsibility for quality outcomes,
staff shall take all necessary steps to ensure that the quality, accuracy,
timeliness and completion of any task is in accordance with the spirit and
intention of this Award.
All staff will be encouraged and assisted to reach the
highest level personally attainable consistent with the needs of the
Authority. A new staff member who
enters the Authority at a level shall become familiar with and competent in
lower level competencies to ensure full flexibility.
8. Contract of Employment
8.1 Conditions
Applicable to all Staff:
8.1.1 The ordinary
hours of work shall be calculated on the basis of a 5 day week. Full-time and part-time employment shall be
by the fortnight. Payment of salaries
will be paid fortnightly by electronic funds transfer into a bank or other
approved financial institution.
8.1.2 Temporary
employment shall have the same benefits and conditions as full time employment
except that the contract shall be for a fixed period. The contract may be extended by the employer, however any such
extension shall not confer upon the staff any right or expectation of
continuing employment beyond the period of the current contract.
8.1.3 Casual
employment shall be for the current period of hiring which may be set at a
week, a day or an hour. The period of
hire and the method for payment shall be clearly stated at the time of engaging
casual staff.
8.1.4 The parties to
this Award agree that work will continue to be performed as specified. The
Authority will consider any unreasonable failure to meet this work requirement
to be a refusal to perform duties and the currently titled "MSB Discipline
Policy" will be followed in such instances.
8.1.5 With the
exception of casual staff and temporary staff, notice of termination of
employment of a fortnight by a staff member or the employer shall be given and
paid. If the notice is worked out, the
remuneration which would normally apply will be paid for the time worked and no
additional payment in lieu of notice.
8.1.6 Notwithstanding
anything contained in this clause, the Authority will have the right to dismiss
any staff member for misconduct or neglect of duty and, in such cases, salary
will only be paid up to the time of dismissal.
8.1.7 If an staff
member has given notice or the Authority has given notice to a staff member and
the staff member is absent from work during the period of notice, unless on
approved leave, the staff member will be deemed to have abandoned their
employment. In such cases the Authority
will have the right to terminate the contract of employment from the last day
worked.
8.1.8 All staff are
bound by the "Waterways Code of Ethics and Standard of Conduct".
8.1.9 Part‑time
employment ‑ part‑time staff shall be employed for a guaranteed
minimum period of no less than 10 hours per fortnight with a maximum of
employment of 56 hours per fortnight. All leave accruals and separation
entitlements of part-time staff shall be calculated and paid on a pro-rata
basis of the full-time position at the full-time rate of pay.
8.1.10 Casual
employment ‑ a casual staff working ordinary time shall be paid the
hourly rate for the position plus 20% to cover Sick Leave, Annual Leave, and
Public Holidays.
8.1.11 All staff of the
Authority will take all reasonable precautions necessary to maintain
confidentiality and to use their best endeavours to prevent disclosure of
proprietary, private or confidential information to persons not authorised to
receive such information.
8.1.12 Full time and
part time permanent and temporary staff shall not, without the express written
permission of the Chief Executive or any other delegated officer, engage in any
other employment, contract or undertaking.
8.1.13 On termination
staff are required to return all property belonging to the Authority. Each item on loan to a staff member will be
identified at time of issue and the staff member will be responsible for
ensuring that those items are returned prior to the staff member leaving the
service of the Authority. Staff may be
required to compensate the Authority for property that is not returned.
8.2 Conditions
Applicable to Boating Service Officers (BSOs).
8.2.1 The provisions
of this clause wholly replace the provisions of the MSB Marine and Port
Services Award and the Memorandum of Understanding (Operations Agreement).
8.2.2 Provision of
Services
(i) The Waterways
Authority is committed to provide efficient and effective services to the users
of the State’s waterways. This will
require the capability and willingness of BSOs to work at times and in areas
which best serve the needs of the Authority and its customers. In order to provide optimum services it is
accepted that full staffing will be required on the October long weekend,
December and January and over the Easter school holidays.
(ii) The parties
agree to maintain, where necessary, an on call capability to deal with
emergencies or other exigencies which arise from time to time and the
deployment of staff within regions to augment the resources available for the
conduct of special operations.
8.2.3. Fitness for
Duty
(i) In order to
ensure the continued health and safety of Boating Service Officers and
recognising that there are a range of environmental and operational conditions
which could impact on the health of an officer, it shall be a condition of
employment that BSOs will continue to maintain a level of fitness consistent
with the demands of the position.
(ii) Subsequent to
appointment and in order to ensure that prescribed fitness standards are
maintained, Boating Service Officers will be required to be medically assessed
every two years or on a more frequent basis if indicated by medical advice.
Wherever possible medical examinations, to a prescribed format, shall be
carried out by the Waterways Occupational Health Physician, or by other
similarly qualified practitioners nominated by the Waterways Authority.
(iii) The ongoing
standard of fitness required of BSOs will be determined as required by the
Waterways Occupational Health Physician having regard to the nature of the job
and the circumstances under which it is performed.
(iv) An officer who
fails to meet the prescribed fitness standards will be given an appropriate
period of time, as determined on medical advice, to achieve the level of
fitness required. Subsequently, an officer
who fails the medical re-assessment or who is deemed on medical advice not
capable of regaining or maintaining an acceptable level of fitness, will be
rehabilitated to another position in accordance with the Waterways
Rehabilitation and Selected Duties Policy.
(v) An officer who
fails to meet the fitness standards and/or is advised by the consulting
physician on lifestyle changes, initiatives to improve fitness or other
measures, shall be referred to his/her personal doctor for further
investigation. Henceforth any additional costs incurred by the officer, for the
purpose of re-gaining the required level of fitness, will be the responsibility
of the officer concerned.
8.2.4. Transfers
The parties agree to jointly develop within three
months of the commencement date of this Award a set of procedures to facilitate
the implementation of transfer provisions for BSOs within the Authority.
The committee shall have regard to, but not be limited
to, the following points:
(i) Boating
Service Officers may be required to work at any location within the State of
New South Wales. Officers may be
allocated areas of responsibility within operational areas at any time and may
be subject to transfer to other areas at the end of a three-year period.
(ii) An officer
shall have at least three years tenure once they are allocated to an area. They shall
not be required to transfer within that three year period, other than
for disciplinary reasons or organisational change, unless by agreement. A trainee shall be subject to
allocation/transfer upon successful completion of the BSO training course.
(iii) The employer
will be responsible for transfer costs incurred in accordance with current
policy.
(iv) During the
three year period of tenure an officer may apply for transfer to another BSO
position elsewhere in the State and if successful shall bear the costs incurred
in moving his/her residence and/or family.
Outside the period of tenure or when the transfer is initiated by
Waterways costs will be met by the employer.
8.2.5 Career
Progression
The parties to this Award agree to discuss the issue of
career progression for BSOs during the life of this Award.
9.
Consultative Arrangements
9.1.1 The Authority recognises that one of the
important elements for ensuring successful workplace reform is the involvement
and cooperation of staff and unions and workplace representatives.
9.1.2 To this end a Waterways Authority
Consultative Committee (WACC) will be established consisting of four
representatives from the Authority and four full time Union officials from the
unions party to this Award and union workplace representatives.
9.1.3 The Committee shall monitor and facilitate
the implementation of this Award particularly the issues in clause 13
(Productivity), clause 23 (Waterways Performance Management System) and clause
31 (Personnel Policies).
9.1.4 The Committee shall meet at least every 6
months and at other times as required.
10. Remuneration
10.1 Operation of
the Structure
10.1.1. The rates of pay
contained in this clause are to take effect on and from the date of
approval. Employees covered by this
Award at the date of registration will be paid the rates of pay in accordance
with this clause on and from the date of the first full pay period after 1
December 1998 or the date of employment, whichever is the later. The rates of pay contained in this clause
and payment for the employment period preceding the registration of this Award
are to be paid in the first full pay period following registration of the Award.
Remuneration Model
The new single scale salary model as set out in Part B
will apply for the duration of the award, as amended from time to time.
10.2 Salary
Increases
Salary increases for the duration of the award will be
based on the following components:
10.2.1 Economic
Adjustment
2% of the base salary structure effective from first full pay
period on or after 1 July 1999.
2% of the base salary structure effective from first full pay
period on or after 1 July 2000.
10.2.2 Organisation
Performance Payment
Subject to clause 13 the following Organisational Performance
payments shall be available.
Up to 2% of the base salary effective from first full pay
period 1 December 1998.
Up to 2% of the base salary effective from first full pay
period 1 December 1999.
Up to 2% of the base salary effective from first full pay
period 1 December 2000.
10.3 The salary
rates are contained in Table 1 of Part B.
The rates applicable to personal salaries are set out
in Table 2 of Part B.
10.4 Schedule of
Shift Allowances, Weekend & Public Holiday Penalties and other Allowances
not included in Annualised Salaries.
The allowances in this clause shall be adjusted in the same manner as
are salaries in clause 10.2.1 & 10.2.2 other than the First Aid Allowance
and Community Language Allowance which are set by the NSW Premiers Department.
Classification
|
Description
|
$ per annum
|
Regional Managers
|
Aggregate Wage Allowance covering all incidents of
employment
|
11444
|
Boating Service Officers
|
Weekend & Public Holiday Penalties
|
11037
|
Managers other than Regional Managers
|
Aggregate Wage Allowance covering all incidents of
employment
|
8323
|
Marine Safety Officers
|
|
under negotiation
|
Community Language (CLAS)
|
Interpreter Services
|
727
|
First Aid
First Aid OH&S Certificate
|
Available only to staff designated "in charge"
of a First Aid Box or Facility. Not
available where First Aid is required by the position description
|
465
702
|
10.5 A staff
member’s personal salary together with shift allowances and weekend penalties,
where appropriate, will form the salary for superannuation purposes and for
payment of all leave entitlements including termination.
10.6 Severance
payments and overtime are to be calculated exclusive of shift allowances and
weekend penalties other than for those staff who have an annualised salary
which includes an aggregation of overtime and shift allowances.
10.7 The shift
component, where applicable, is expressed as a separate payment in Sub Clause
8.4 above.
10.8 Where working
conditions components such as overtime and/or additional hours payments are
aggregated into an annualised salary which is recognised for the purposes of
superannuation the outcome shall be cost neutral to the Authority.
Cost neutrality is achieved by applying a deflator of
.83. The deflator is based on on-costs
of 20.5%, comprised of superannuation at 16.5%, long service leave at 4%. For the term of this Award, the deflator of
.83 shall apply unless any other deflator is agreed between the parties.
10.9 Following job
redesign in accordance with business needs, the work value of positions will be
evaluated using the Waterways Authority OCR Job Evaluation System. The base salary for the position will be
established as Maritime Officer, Levels 1 to 18. Positions scored at 770 points or higher which will be assigned
to position Maritime Officer 19.
10.10 Merit will be
the basis for promotion between levels 2 and 3, 4 and 5, 6 and 7, 8 and 9, 10
and 11, 12 and 13, 14 and 15, 16 and 17.
10.11 Apprentices
& Trainees
10.11.1 Apprentices & Trainees will be
paid the appropriate percentage of the salary rate for Level 1 of the
remuneration structure except that where a wage is expressed as part of a
National Training Wage Award, or an equivalent set of pay, and for trainees
engaged under such schemes as ATS and the Working Nation program
10.11.2 The percentages for the various
apprenticeship levels covering all trades is detailed below :-
1st year 55%
2nd year 71%
3rd year 90%
4th year 104%
10.11.3 The percentages
for the various traineeship levels is detailed below:
Age 16 50%
Age 17 55%
Age 18 60%
Age 19 64%
Age 20 69%
10.11.4 An additional amount to cover the
annualisation of working conditions, where applicable, will be determined on an
individual basis for apprentices and trainees.
10.12 Use of
Authority Vehicles
Positions at salary point Level 17 and above in the
salary structure will be able to utilise this employment benefit at the
business/private rate as a salary sacrifice, on a similar basis to The Senior
Executive Service.
Positions of Regional Manager will be able to utilise,
on a salary sacrifice basis, a specified Waterways vehicle for business/private
use as determined by the Authority.
10.13 Salary
Packaging - Superannuation
To be developed during the life of the award subject to
statute, policy and administrative requirements.
The Authority agrees, in principle, to the introduction
of pre-tax Superannuation provisions from 1 July 1999, subject to statute,
policy, government guidelines and administrative requirements.
11.
Working Conditions
11.1 Notwithstanding
anything to the contrary in this award the parties may agree, either as a
process of developing this Award or subsequently during the term of the Award,
to review the levels of overtime and additional hours payments and to annualise
the salary for individual staff or work groups on a cost neutral basis.
11.2 The parties may
similarly agree as part of the consultative process to review the continuing
relevance of working arrangements or conditions upon which annualised salaries
are based and the method by which salaries are to be adjusted if required.
11.3 The Chief
Executive shall approve annualised salaries including the rate of aggregation.
11.4
(i) The salary
for Boating Service Officers shall include an allowance in lieu of weekend and
public holiday penalties. This
allowance shall count for superannuation purposes.
(ii) The allowance
is only payable when an officer is routinely working weekends and public
holidays. Other than for agreed periods when weekend work is not required and
periods of recreational or long service leave, the allowance shall cease to be
paid if for any reason the officer reverts to working Monday to Friday.
(iii) The salary
for Regional Managers shall include an aggregated wage component (which is
indexed and superable) covering all incidents of employment including excess
hours, time in lieu, overtime and weekend & public holiday penalties.
(iv) The salary for
Managers other than Regional Managers shall include an aggregated wage
component (which is indexed and superable) covering all incidents of employment
including excess hours, overtime, time in lieu and weekend & public holiday
penalties.
12.
Additional Flexible Working Practices
12.1 During the term
of the Award the parties agree to consider and where appropriate trial and/or
implement additional flexible work practices which are mutually beneficial
13.
Productivity
13.1 Increases in
the remuneration structure set out in clause 10.2.2 of this Award are wholly
dependent on productivity increases and organisational performance. Achievement of productivity measures will be
determined through Award between the parties. Remuneration increases will be
effected if the productivity measures have been substantially achieved (as
defined in clause 13.4.1) and the parties are moving toward ultimate
achievement in good faith.
13.2 Productivity is
defined as improving enterprise performance when measured against set
performance indicators. The implementation and monitoring of productivity
indicators will be undertaken jointly with management, staff and unions as part
of the consultative process.
13.2.1 Performance
within the Waterways Authority will be measured in two ways. First by the introduction and implementation
of matters contained within this Award and second the achievement of the agreed
Key Performance Indicators (KPIs) and the Workplace Reform measures.
13.2.2 During the life
of the Award Waterways will develop appropriate and accessible information to
assist staff understand and achieve the productivity measures.
13.3 Remuneration
Increases
13.3.1 The parties are
committed to ensure the successful introduction and implementation of the
initiatives contained within this Award.
This commitment together with the timely achievement of the productivity
measures will be the basis for agreed salary increases.
13.4 Productivity
Measures
13.4.1 Organisational
Performance
Payment for organisational performance described as an
"at risk" payment is dependent on the achievement of agreed Key
Performance Indicators from the Waterways Corporate Plan for 1998/99 attached
in Appendix One and workplace reform measures specified in Clause 13.4.2.
At commencement of each financial year, a group of
KPIs, extracted from the corporate plan and their assessment methodology, will
be established for the following 12 months, following discussions with the
Waterways Authority Consultative Committee.
By 30 September each year, the Chief Executive will
prepare a report detailing progress against the agreed KPIs and workplace
reform measures for the previous fiscal year.
The Waterways Authority Consultative Committee will
discuss the Chief Executive’s report and make a recommendation to the Chief
Executive as to the payment for Organisational Performance.
For the period 1 July 1998 to 30 June 1999 the KPIs
shall be as set out in Appendix One.
Further, "substantial achievement" shall, for the purposes of
the agreed KPIs, be defined as;
(a) A minimum of
75% average across the first 15 agreed KPIs;
(b) it is agreed
that KPIs relating to:
(i) sickness and
workplace accidents; and
(ii) time lost
relating to industrial disputes
will require
100% achievement of targets.
13.4.2 Workplace Reform
The parties have agreed upon the following workplace
reform measures.
(a) Annual Leave
Accruals
(i) Staff with an
annual leave balance of more than 60 days as at 1 July 1998 are to reduce the
balance to 45 days by 30 June 2001.
(ii) Staff with an
annual leave balance of between 40 and 59 days as at 1 July 1998, are to reduce
the balance to 35 days by 30 June 2001.
(iii) Staff with an
annual leave balance of less than 39 days as at 1 July 1998 are to reduce their
balance to 30 days by 30 June 2001.
By 30 September each year the Chief Executive will
prepare a report detailing progress against the annual targets for the
reduction of leave balances and this report will be discussed by the Waterways
Consultative Committee in the context of the Organisational Performance
Payment.
(b) Continued implementation
of Performance Management System
(c) Staff Ratios
Ratio between administrative and operational positions
set at 20% administration to total positions by December 1999. This will be achieved, wherever possible, by
converting administrative positions to operational positions and will be
facilitated by the implementation of improved technology in the administrative
and corporate services area.
14. Deductions from Salary
The deduction of union membership fees will continue to be a
service offered to Authority staff.
15.
2000 Olympic Games
15.1 The parties
recognise the significance of the 2000 Olympic Games to the global and economic
reputation and future of NSW and its government. As employees of the government, and a contributor to the staging
of the Olympic Games, the staff and unions are committed to ensuring the
success of Waterways’ role during the Olympic Games.
15.2 To this end,
the parties agree that all staff resources will be available and functions and
operations will be maintained without delay during and for a period of two
months prior to the Olympic Games. Further, during this period (July to
September 2000), staff will make themselves available to undertake any role,
within their skills and competence, including the undertaking of duties of
other staff required on Olympic Games’ activities.
15.3 The parties
agree to develop, by April 1999, in the context of existing policies,
guidelines for the relieving allowances and reimbursement of reasonable and
appropriate travel, accommodation and incidental expenses incurred by staff
participating in activities associated with the Olympic Games and the
arrangements for additional hours accrued during the Olympic Games.
Further, no leave will be granted to staff for the time
of the Olympic Games, except on compassionate grounds.
16.
Employment Security
16.1 Business
Context
16.1.1 The Waterways
Authority now has the dual responsibilities of being a self funding agency and
maintaining a high standard of service delivery to its clients. The extent to which the Authority is able to
fund its operations is affected by the requirement for the Government to
approve any variations to the scale of fees and charges levied in respect to
services provided.
16.1.2 The Waterways
Authority is committed to maintaining the high standard of service delivery
which has been a characteristic of its operations over many years, a standard
which has been achieved by hard work and an outstanding commitment by our staff
to the organisation's values and objectives and to the service delivery
guarantees to our clients.
16.1.3 In order for the
Authority to meet its obligations as the steward of State waters and protector
of public safety and to achieve this within the requirement to be self funding
and fiscally responsible, it requires an organisation with the flexibility to
respond to the changes to both the external environment and to Government
policy. This will require a work force
which has a wide experience base, the ability to provide a "one stop
shop" service and the flexibility to respond to exigencies where and when
they occur. It also requires an
organisation structure more able to respond to and service the Authority’s
clients across the State.
16.1.4 The process of
continuous improvement will continue to be the method adopted to assess the
relevance of activities and to improve the quality, range and value of services
to our clients. It is essential that
the organisation and our staff have the flexibility to respond to change
identified by this process of continued improvement.
16.2 Staffing
Levels
16.2.1 Staffing levels
are determined by the pressures of providing a quality service within the
funding limits of the Authority.
Current staffing levels are able to provide a quality service consistent
with Government policy and the Authority’s Service Commitment Guarantee,
however this number is not fixed and is subject to review. Any reductions from this number which may be
required will be effected through the process of natural attrition or voluntary
redundancy or the application of current Government policy re redeployment and
redundancy.
16.2.2 Subject to the
provision(s) of applicable Government policy and guidelines all full time or
permanent part time staff of the Authority at the time of signing this Award
will have security of employment for the term of this Award, however this
undertaking extends to staff rather than positions, that is, positions may be
restructured or deleted from the structure.
16.2.3 Subject to the
provisions of current Government Policy, any staff member whose job changes or
is deleted during the term of this Award may be transferred or redeployed into
another position in accordance with applicable Government policy and guidelines
in this Award or may be offered the Government's Standard Voluntary Redundancy
Package current at the time. This
undertaking will not have any affect on the process of managing performance or
disciplinary matters which are pursued separately.
16.3 Government
Job Assist Scheme
16.3.1 Staff who become
excess as a result of restructuring or organisational change may access the
retraining and support services available through the State Government's Job
Assist Scheme and other services provided by the State Government’s policy on
Managing Displaced Employees.
16.3.2 When offered by
the employer, an employee who accepts Voluntary Redundancy is entitled to the
Government Voluntary Redundancy Package of the day, except for annual leave
loading which is already included in the annualised salary used for the
calculation of entitlements and other benefits.
16.3.3 Annual Leave
Loading will not be paid by the Authority, as it has already been included in
the annualised salary.
16.3.4 Retraining and
support for staff is also included via the Government Job Assist Scheme.
16.3.5 In the event
that the Authority is required to undertake a restructuring process which
results in a reduction of staff numbers which is not able to be met through
natural attrition, the parties agree to make representation to the Government
regarding the voluntary redundancy arrangements.
16.4 Organisational
Change Restructuring Process
16.4.1 The parties
recognise that restructuring will be an ongoing requirement for improved
effectiveness and viability of the Authority.
It will result from a variety of factors including, but not limited to,
continuous improvement, quality management and Government review. Consultation
will take place on an ongoing basis with staff and unions regarding
restructuring and the process(s) to be used.
16.4.2 Where as a
result of restructuring the position requirements and remuneration level of the
job remain substantially the same, other than its reporting relationships, (as
determined by the Chief Executive) then the incumbent will follow the job
except that where the new remuneration level crosses a merit break (as defined
in Clause 10.10) in which case the position is subject to merit selection.
16.4.3 Where as a
result of restructuring, a position is created which did not have an equivalent
in the old structure, or it is so different that it is clearly a new position,
the following order of filling the vacancy will occur:
(i) transfer of a
displaced employee where the employee’s substantive or personal salary is the
same as the salary for the position and the competencies required for the
position are held by the employee or where there is a competency shortfall the
requirement can be made up within three months; then
(ii) redeployment
of a displaced employee in accordance with current Government Policy, where the
employee’s substantive or personal salary is greater than the salary for the
position and the competencies required for the position are held by the
employee or where there is a competency shortfall and the requirements can be made
up within three months.
(iii) In this case
the employee’s salary will be maintained at the higher level for the period
stipulated in current Government policy (12 months) after which it will revert
to the substantive level of the position.
However, in recognition that there may be special circumstances which
warrant a change to this provision the parties to this Award reserve the right
to approach the State Government/Premier’s Department to re-negotiate the
period of salary maintenance;
(iv) where there are
two or more employees to be considered for redeployment or transfer the
staff member appointed will be
determined on merit at interview; then
(v) where there is
no displaced employee available for transfer or redeployment by advertising the
position and filling the vacancy on merit
17.
Hours of Work
17.1. Hours of Work
17.1.1 Hours of work
within this Award will be arranged to take into consideration the specific
business needs of the Authority and where possible the work preferences of staff.
17.1.2 The hours of
work arrangements specified in this Award are available on the condition that
an adequate service is maintained at all times. Services and functions provided by the Authority will not be
withdrawn to accommodate the absence of staff under the hours of work
arrangements.
17.1.3 Starting and
finishing times within the spread of hours should be mutually agreed between
management and staff, however if agreement can not be reached the needs of the
organisation must prevail and managers will therefore determine starting and
ceasing times. Once starting and
ceasing times have been established reasonable notice will be given (normally 5
calendar days) of any changes required.
17.1.4 The working of
additional hours within the spread of hours will be by reasonable notice from
management.
17.2 Ordinary
Hours
17.2.1
(i) 35 Hour per
week Staff
Hours of work will be an average 35 hours over a cycle
of four, eight or twelve weeks to be determined by each Branch of the
Authority.
The contract hours shall be:
140 for staff on a four week cycle
280 for staff on an eight week cycle
420 for staff on a twelve week cycle
(ii) Ordinary
hours worked Monday to Friday will be worked between 7.00am and 7.00pm
(iii) Ordinary
hours will exclude the meal breaks, which will be a minimum of 30 minutes,
which will be taken, subject to operational requirements. Time taken for a meal breaks will not count
as hours worked.
(iv) Notwithstanding
any other provisions of this clause a staff member and his/her supervisor/manager
may at anytime agree to other arrangements provided they meet the need of the
Business Unit and the contract hours are worked within the cycle.
17.2.2 38 Hour per week
Staff
(i) Hours of work
will be an average of 38 hours per week over four, eight or twelve weeks on any
day Monday to Friday to be determined by each Business Unit.
The contract hours shall be:
152 for staff on a four week cycle
304 for staff on an eight week cycle
456 for staff on a twelve week cycle
(ii) Ordinary hours
worked on any one day (Monday to Friday) shall be worked between 6.00am and
6.00pm
(iii) Ordinary
hours shall exclude the meal break which will be a minimum of 30 minutes and
which will be taken, subject to operational requirements. Time taken for a meal break will not count
as hours worked.
(iv) Notwithstanding
any other provisions of this clause a staff member and his/her
supervisor/manager may at anytime agree to other arrangements provided they
meet the need of the Business Unit and the contract hours are worked within the
cycle.
17.2.3 Boating Service
Officers (BSOs)
The BSO’s role is principally a day work job. Nothing in this Award is intended to provide
any means to either of the parties to convert this work to a quasi shift work
arrangement. It is also acknowledged
that there are no fixed hours and the expectation is that each BSO will arrange
their hours to cover the work required.
This may involve working longer or shorter days and/or taking time in
lieu.
(i) Hours of work
will be an average of 38 hours per week over a cycle of four, eight or twelve
weeks on any day Monday to Sunday (inclusive) to be determined by each Business
Unit.
(ii) The contract
hours shall be:
152 hours in a four week cycle
304 hours in an eight week cycle
456 weeks in a twelve week cycle
(iii) A meal break
will be taken not more than five hours after commencing which shall be a
minimum of 30 minutes and will not count as hours worked.
(iv) Boating Service
Officers are required to work at times and in areas which best serve the needs
of the Authority and its customers and to attend for duty and perform any
functions deemed to be within the scope of the position. This will require BSOs and their managers
working together to arrange their hours and starting and ceasing times which
best meet these needs.
(v) Rosters for
Boating Service Officers include Saturday, Sunday and Public Holidays as normal
working days. Rosters will include two
consecutive days off after working 5 days in lieu of Saturday and Sunday other
than for a call out for a designated emergency or as otherwise agreed between
the BSO and supervisor/manager. If a
rostered day off falls on a public holiday then an alternative RDO shall be
taken.
(vi) Rosters shall
include 10 weekends or the equivalent 20 weekend days between end of the Easter
holiday and the start of the October long weekend in which BSOs are not
rostered for duty.
(vii) Additional
hours worked by BSOs are to be taken as time in lieu at an agreed time on the
basis of one hour for each additional hour worked. If at settlement at the end of the period it is apparent that
operational requirements prevent some or all of the additional time being taken
as time in lieu additional hours may be paid out at ordinary time.
(viii) A reasonable
number of additional hours shall be worked to accommodate the functions of the
Authority. These functions include, but
are not limited to, night patrols, licence seminars and the attendance at User
Group Meetings.
Where additional hours are required to be worked, and
are considered by the staff member to be excessive, the work will be performed
and any grievance pursued in accordance with the Grievance Handling Procedures
at Clause 19 of this Award
(ix) Notwithstanding
any other provision of this clause a BSO and his/her supervisor/manager may at
anytime agree to other arrangements provided they meet the needs of the
Business Unit and the contract hours are worked within the cycle.
17.2.4 Regional
Managers
The ordinary hours of employment shall be no more than
40 hours per week averaged over a 52 week period.
(i) Hours of work
will be an average of 35 hours per week over a cycle of four, eight or twelve
weeks on any day Monday to Sunday (inclusive) to be determined by each Business
Unit.
(ii) The contract
hours shall be:
140 hours in a four week cycle
280 hours in an eight week cycle
420 weeks in a twelve week cycle
(iii) Ordinary
hours worked on any day Monday to Sunday will be worked between 7.00am and
7.00pm
(iv) Ordinary hours
will exclude the meal breaks which will be a minimum of 30 minutes which will
be taken, subject to operational requirements.
Time taken for a meal breaks will not count as hours worked.
(v) A reasonable
number of additional hours shall be worked to accommodate the needs of the
Business Unit.
(vi) Notwithstanding
any other provisions of this clause a staff member and his/her
supervisor/manager may at anytime agree to other arrangements provided they
meet the need of the Business Unit and the contract hours are worked within the
cycle.
17.3 Additional
Hours
17.3.1 The working
and/or accruing of additional hours shall only be with the agreement of the
supervisor/manager.
17.3.2 Based on a four
week cycle, hours worked in addition to the contract 140 hours, up to a maximum
of 161 hours be taken, at a mutually convenient time, as time off in lieu. Additional hours accrued at the end of each
cycle may be carried over to the next cycle by mutual agreement. In circumstances where operational
requirements do not allow for time off in lieu, payment at ordinary time may be
made.
17.3.3 Hours worked in
addition to the contract hours in excess of 21 hours in a four week cycle are
paid at time and one half up to 28 hours and double time thereafter or
alternatively, by Agreement, taken as time off in lieu at ordinary time.
17.3.4 Staff recalled
to work will be entitled to a be paid a minimum of 4 hours at the appropriate
rate on the understanding that this provision will not apply to staff called in
to work early in which case, if outside the spread of ordinary hours, they
shall be paid at the overtime rate.
17.3.5 An employee who
works so many additional hours between the termination of work on one day and
the commencement of work on the next day that the employee has not had at least
ten consecutive hours off duty between those times, shall, subject to this
subclause, be released after completion of such additional hours until that
employee has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
17.3.6 It is the intent
of this clause to enhance flexibility not to reduce remuneration or to
consistently extend the working week past the agreed basis of either 35 or 38
hours. If the parties believe the
application of this clause is contrary to its intent a review may take place on
a case by case basis and may consider such matters as the functional delegation
of duties, team numbers, aggregation of salaries and any other measures that
may be agreed upon in order to resolve the issue.
18.
Overtime
18.1 The provisions
of this Clause will not apply to the positions previously covered by the
currently titled MSB (Marine and Port Services) Award.
18.1.1 The following
overtime provisions will apply to staff who work overtime as described in
Clause 15 Hours of Work. (ie) outside the span of hours for the position, other
than Regional Managers and Managers other than Regional Managers [see clause
11.4(iii) & (iv)].
18.1.2 35 Hour per week
Staff
(i) For overtime
worked Monday to Saturday at the rate of time and one half for the first two
hours and double time thereafter.
(ii) For overtime
worked on a Sunday, at the rate of double time.
(iii) For overtime
worked on a Public Holiday, at the rate of double time and one half, in addition
to the normal remuneration for that day.
(iv) Staff required
to work overtime beyond the spread of hours Monday to Friday or beyond 12:30 pm
on Saturdays, Sundays and Public Holidays will be entitled to a paid meal. This payment will be agreed to the rate
determined from time to time and applied within the NSW Public Service.
18.1.3 38 Hour per week
Staff
(i) For overtime
worked Monday to Saturday, at the rate of double time.
(ii) For overtime
worked on a Sunday, at the rate of double time and one half.
(iii) For overtime
worked on a Public Holiday, at the rate of double time and one half in addition
to normal remuneration for that day.
(iv) Staff required
to work overtime beyond the spread of hours Monday to Friday or beyond 12:30 pm
on Saturdays, Sundays and Public Holidays will be entitled to a paid meal. This payment will be agreed to the rate
determined from time to time and applied within the NSW Public Service.
19. Grievance Handling and Dispute Resolution
The grievance handling and dispute resolution procedures are
contained in Appendix Two.
20.
Leave
20.1 Anniversary
Date
20.1.1 The anniversary
date for all leave other than annual leave, long service leave and sick leave
shall be the first day of January in each year. Where employment commences after the anniversary date leave
entitlements in accordance with this Award shall be on a pro-rata basis until
the next common anniversary date. The
anniversary date for Annual Leave and Long Service Leave shall be the date of
engagement/appointment or as adjusted following any periods of Leave Without
Pay. Sick leave shall be determined on a cumulative three years to date basis.
20.1.2 Annual Leave
a) Staff are
entitled to Annual Leave as follows:
(i) Day Workers -
four weeks paid leave for each completed year of service.
(ii) Boating
Service Officers (Working Weekends & Public Holidays) - five weeks paid
leave for each completed year of service.
b) The taking of
Annual Leave entitlements will be at a time mutually agreed between management,
the employee and, where appropriate, the work team, having regard to leave
rostering arrangements and workload requirements.
c) Individual
requests to accrue in excess of 30 days Annual Leave will be considered on a
case by case basis.
d) For purposes
of taking leave, for employees on a 35 hour week, one day is equivalent to 7
hours, and for employees on a 38 hour week, one day is equivalent to 7.6 hours.
20.1.3 Staff on Day
Work will be debited for each working day absent exclusive of Public Holidays.
20.1.4 The conditions
for the taking of Annual Leave are set out in the relevant Parts of this Award.
20.2 Long Service
Leave
20.2.1 Staff are
entitled to Long Service Leave as follows :-
Period of
Service Accrual
After ten years of service 44 working days
For every further completed year of service 11 working days
Leave Without Pay does not count for service for the
purpose of Long Service Leave.
20.2.2 Staff engaged on
Day Work will be debited for each working day absent exclusive of Public
Holidays.
20.2.3 The conditions
for the taking of Long Service Leave are set out in the relevant Parts of this
Award.
20.2.4 Salary will be
paid at the rate specified in accordance with the Long Service Leave Act.
20.2.5 The taking of
accrued leave on half pay is not an entitlement but a concession available only
on an approved basis.
20.3 Public
Holidays
20.3.1 The following
days or the days upon which they are observed shall be Holidays, viz New Years
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, National Aboriginal Day (for Aboriginal staff), Labour Day,
Christmas Day, Boxing Day and all other days which may be gazetted as public
holidays throughout the State.
20.3.2 Subject to the
provisions of subclause (20.3.4.) there shall be no deduction of pay for public
holidays not worked.
20.3.3 Staff who absent
themselves from duty without approval from a delegated manager on the working
day prior to and/or the working day following any Public Holiday shall not be
entitled to receive payment for such holiday.
20.4 Leave Without
Pay
20.4.1 A staff member
wishing to take a period of Leave Without Pay shall make application to The
Chief Executive via their supervisor specifying the reasons for such Leave and
the period of leave proposed.
20.4.2 Each application
for Leave Without Pay shall be considered by the relevant delegated manager on
its merits, taking into account the wishes of the staff and the requirements of
the Business Unit. Leave Without Pay shall
only be granted if business needs can be accommodated during the period of
Leave proposed.
20.4.3 In granting of
Leave Without Pay the Authority will use its discretion as to whether relieving
arrangements will be invoked to cover such absences.
20.4.4 Long Service
Leave shall not accrue during periods of Leave Without Pay.
20.4.5 In the case of
superannuated staff, periods of Leave Without Pay in excess of six months may
only be granted if satisfactory arrangements are made for the staff to pay
their own superannuation contributions as well as the Authority’s liability,
for the whole period of Leave Without Pay.
20.5 Trade Union
Training Leave
20.5.1 Paid leave may
be granted up to a maximum of 12 days in any period of two years to a staff
member to attend short trade union training courses or seminars conducted by or
with the support of the ACTU on the following conditions :-
(i) That
operating requirements permit the granting of leave.
(ii) That the
scope, content and level of the short course are such as to contribute to a
better understanding of staff relations and be of benefit to the Authority as a
whole.
(iii) Leave granted
for trade union training will count as service for all purposes.
(iv) Expenses
associated with attendance at such courses or seminars will be met by the staff
member concerned but leave may include travelling time necessarily required
during working hours to attend such courses or seminars.
(v) Applications
for leave must be accompanied by a statement from the union that it has
nominated the staff member concerned for such course or seminar and supports
the application.
21. Staff and Family Assistance
The Sick Leave provisions are designed to remove any abuses
of sick leave and to provide paid leave for genuine illness. In addition other provisions have been
introduced, such as Aged and Dependant Care Leave to provide support for staff
unable to attend work for personal reasons.
21.1 Sick Leave
21.1.1 The minimum
standard for Sick Leave is one week on full pay for each year of service
cumulative on a three years to date basis.
21.1.2 Where illness
occurs, Sick Leave may be available as required. Each individual case shall be reviewed in accordance with the
following procedures :-
21.1.3 It is the staff
member's responsibility to report their inability to attend work in order to
qualify for payment.
21.1.4 Where a staff
member is unable to report for work through illness, this will be reported to
the supervisor/team leader within one hour of the normal commencement time. In the case of Shift Workers, where
practical, notification will be made prior to the finish of the previous
shift. Approval for payment of Sick
Leave will be made by the delegated manager.
21.1.5 Documented
medical evidence and/or a medical examination by a medical practitioner will be
necessary where required by the Authority.
21.1.6 In the case of
long term illness, the continuation of paid Sick Leave will be determined on a
case by case basis.
21.1.7 Subject to the
approval of the Chief Executive and upon the production of medical evidence an
staff suffering serious long term or terminal illness may be granted Sick Leave
as follows:-
(i) In the case
where there is a prospect of the staff returning to duty this situation will be
monitored and reviewed on a regular basis.
(ii) In the case
where the staff has no prospect of returning to work owing to the nature of the
illness up until the acceptance of disability retirement liability by the State
Superannuation Board.
21.2 Aged and
Dependant Care Leave
21.2.1 Paid Leave may
be provided for staff to arrange or provide short term care for sick, injured
or aged dependants or family members.
21.2.2 A
"dependent" in these circumstances is defined as any person who has a
family relationship (including defacto partners of the opposite or same gender)
with the staff member or for whom the staff member is responsible in terms of
care and support.
21.2.3 Each individual
case will be determined on a case by case basis.
21.2.4 Leave for such
purposes of up to 5 days per calendar year may be granted by the relevant
delegated manager.
21.3 Special Leave
21.3.1 The flexible
working hours arrangements provide an opportunity for staff to attend to
personal business during business hours without the need for access to
additional time off.
21.3.2 In addition to
Aged and Dependant care leave, there may be other circumstances where a staff
member may require time off during working hours to attend to personal or
emergency situations. Leave for such
special purposes may be granted by a delegated manager subject to the agreement
of the work team, where appropriate, and the staff member establishing a
genuine need on a case by case basis.
21.3.3 Special leave
will include, but not be limited to, time off for bereavement and jury service
21.3.4 Each individual
case will be determined on a case by case basis.
21.4 Maternity
Leave
21.4.1 Women employed
by the Authority who have completed at least forty weeks continuous service
either with the Authority or with an organisation listed in the Schedule to the
Transferred Officers Extended Leave Act
1961, prior to commencement of Maternity Leave shall be granted paid Maternity
Leave on full pay for 9 weeks from the date Maternity Leave commences. Maternity Leave may commence up to 9 weeks
prior to the expected date of birth, as indicated on the medical certificate
furnished with the application for Maternity Leave.
21.4.2 Payment for
Maternity Leave may be on a normal fortnightly basis; or in advance in a lump
sum; or at a rate of half pay over a period of 18 weeks on a regular
fortnightly basis.
21.4.3 Staff may elect
to take Annual Leave to credit on half pay during any period of half pay
Maternity Leave.
21.4.4 Staff who have
been granted Annual and/or Long Service Leave in respect of any period
subsequently allowed as paid Maternity Leave shall be re-accredited with such
Annual and/or Long Service Leave.
21.4.5 A woman employed
by the Authority who adopts a child is entitled to 3 weeks leave at full pay on
and from the date of taking leave subject to completing 40 weeks continuous
service as detailed above. She may be
paid on a normal fortnightly basis in advance in a lump sum, or at the rate of
half pay over a period of 6 weeks on a regular fortnightly basis.
21.5 Paternity
Leave
21.5.1 Men employed by
the Authority may apply for unpaid Paternity Leave in terms of the Industrial Relations Act 1996.
21.6 Child Care
21.6.1 The Authority
will investigate during the life of this Award the feasibility of responding to
staff needs for the provision of child care facilities and benefits, as a
component of remuneration.
22.
Relieving
22.1 There shall be
no restrictions (with the exception of medical) on any staff performing any
duties in their grade or lower grades so long as they possess the appropriate
knowledge skills and experience, accreditation or licence(s) (where
applicable).
22.2 Nothing within
this Clause is intended to replace staff working at a lower level with those at
a higher level.
22.3 Where the
exercise of higher level duties occurs on a regular basis and they form a
significant part of the staff member's work, the staff member is entitled to
seek payment for higher duties..
22.4 On the first
occasion of relief in a position the first five days are developmental and will
not be paid at a higher rate. This
development phase only applies once (ie) on the first occasion of relief in any
dissimilar position. If on the first occasion
of relief the period exceeds five days payment a the higher rate may be made
for days in excess of the five developmental days
22.5 Provided a
staff member has satisfactorily completed a developmental period any further
instances of relief will be paid provided that the period of relief is for 5 or
more days except for designated operational positions which shall be paid
relief on an occurrence basis.
22.6 For any period
of relief coming within the provisions of this Clause during which the staff
member does not perform the whole of the duties the allowance to be paid will
be determined by the appropriate manager.
23.
Job Redesign
23.1.1 The design of
existing jobs in the Authority may occur according to changing business needs
and as a result of a review by Premier’s Department as a consequence of
becoming a declared Authority. The
process may be activated by the employer, staff or union, but must take into
account the recency of the previous design and evaluation of the position.
23.1.2 The purpose of
job redesign is to identify the competencies required to fulfil the objectives
of the Corporate and Business Plans.
The competencies will then be grouped into jobs.
23.1.3 Job re-design
(and subsequent job-evaluation) may be activated outside any organisational
change in the following circumstances:
• where the
incumbent can demonstrate that the duties of the position have substantially
changed
• where a new
position is created
• where a
position falls vacant and the Authority determines that it is necessary to
re-design and/or evaluate the position prior to advertising the vacancy
23.1.4 The work value
of re-designed positions will be evaluated using an accredited Job Evaluation
System.
24.
Waterways Job Evaluation System
24.1.1 Job evaluation
involves the systematic comparison of jobs, based on work value, in order to determine
the appropriate sizing of positions.
24.1.2 There shall be a
job evaluation system used within the Authority. The system used shall be the OCR Job Evaluation System. (Appendix Three)
24.1.3 The Job
Evaluation System shall be used to determine the appropriate remuneration level
that the position will occupy ie. levels 1 to 19.
24.1.4 The Waterways
Authority Job Evaluation System employs the Organisation Consulting Resources
(OCR) methodology to determine work value.
The System contains four broad factor headings. Each of the factors is multi-faceted,
combining a number of specific sub-elements required to fully assess the nature
and scope of each position. The four
broad factors are:
(i) Knowledge,
Skills and Experience - examines the degree of knowledge, skill and experience
required to perform the duties of the position competently;
(ii) Reasoning
& Decision Making - assesses the nature and degree of problem solving
involved in the position, together with the requirement for decision making or
for the submission of recommendations;
(iii) Communication
& Influence - measures internal and external interaction, and the degree of
influence exercised by the position within the organisation and/or with
external organisations; and
(iv) Accountability
and Responsibility - assesses the degree to which a position is held to account
for the outcome of assigned work or decisions.
25. Waterways Authority Performance Management
System
25.1.1 The performance
management system operating within the Authority is contained in Appendix 4.
The parties agree to:
(i) Review and
redesign the existing system during the period 1 July 1999 to 30 June 2000
including consideration of individual or team performance agreements.
(ii) Trial an
agreed system from 1 July 2000 to 30 June 2001.
Any payment arising from the trial and also the linkage
of the Performance Management System to the Waterways Salary Model will form
part of the negotiations for the next Award.
26.
Authority Skills Formation and Accreditation System
26.1.1 Competency is
defined as the knowledge and skills required to carry out the tasks and
activities in a job to the standard expected in the workplace. Additional Competencies will relate to the
job, as well as tasks and functions within the work team.
26.1.2 The procedure to
be followed for a staff member to gain salary point movement within a
particular level of the remuneration structure is:
(i) Job Redesign
will be undertaken on an as needs basis.
(ii) Competency
based job specifications containing core competencies will be produced as a
result of the Job Redesign process and will form the basis for job evaluation.
(iii) Each
redesigned job will be evaluated using the Job Evaluation System to assess the
level of the new position.
(iv) The Job Redesign
process will identify all competencies required within positions in each
Business Unit (ie. a Competency Profile).
27. Training & Development
As a learning organisation, Waterways is committed to growth
in individual and corporate skills.
Waterways aims to provide equity of access to training and professional
development opportunities and encourages its employees to continually develop
their skills base so as to maximise their job satisfaction and
productivity.
Waterways’ Competency-.Based training strategy is based on a
partnership with its employees that involves innovative training technologies
which provide expanded and more equitable training opportunities.
28.
Selection Committees
28.1.1 Selection
Committees will consist of two or more persons :
• a suitably
trained person nominated by the work team or group;
• a person with
supervisory or team leadership responsibility for the vacant position; and/or
• a person
nominated by the Authority;
• all of whom
are skilled in interview and selection techniques.
As a general rule:
• at least one
of the members should be a woman and at least one should be a man;
• members
should be above the level of the position; and
• one person
nominated by the Authority should be
from outside the work team or group or Business Unit.
28.1.2 The Selection
Committee should agree on:
• The selection
criteria to be applied (including any key criteria);
• Core
questions to be asked of the candidates;
• Whether
candidates should be asked to :
- provide work
samples
- undergo
performance tests
- provide
written referee reports
- undergo other
forms of assessment as agreed by the parties; and
• The
candidates to be short listed where there is a large field of applicants.
28.1.3 Selection
Committees should be impartial and avoid presumptions about stereotyping of
candidates.
28.1.4 Selection
Committees should aim to reach consensus in the selection process. If consensus cannot be reached a majority
and minority recommendation may be made.
29.
Workplace Representatives
29.1 The role and
responsibilities of union Workplace Representatives, and the mutual
understandings of the Authority and unions regarding union delegates, are set
out below:
29.1.1 Delegates are
empowered to act in an official capacity for and on behalf of their Union in
accordance with its rules.
29.1.2 It is
fundamental that delegates are staff of the Waterways Authority and that their
prime responsibility and duty is as staff.
Their activities on union business must not be inconsistent with their
contract of employment.
29.1.3 On
election/nomination of a member as a delegate, the Authority expects the Union
concerned to notify it in writing addressed to the Human Resources Manager
advising the following information:
(i) New
delegate’s name.
(ii) Name of
delegate replaced, new or additional position.
(iii) Work location
and telephone contact number.
(iv) Work group that
the delegate is responsible for.
29.1.4 Upon receipt of
a notification including the information outlined in Clause 29.1.3 above, the
Authority recognises delegates as in Clause 29.1.1.
29.1.5 This recognition
supports the legitimate part played by delegates in operations of the union in
its dealings with the Authority and involves activities such as:
(i) Advising
members on the best way to deal with particular problems in their individual
cases (such as pay queries, leave matters, errors in entitlements). Assistance in these cases would generally be
available through supervisors or personnel in the payroll or human resources
areas.
(ii) Presenting
complaints or concerns of the work group, which the delegate is responsible for
to the supervisor. In doing so, the
delegate is expected to be aware of and follow the Grievance Handling and
Dispute Resolution Guidelines detailed in Appendix 2 of this Award.
(iii) Attending
meetings or conferences called by their Union(s), Peak Councils or the
Authority.
(iv) Attending
proceedings at the Industrial Relations Commission when required as a witness
or to assist the Union Advocate.
29.1.6 For meetings and
conferences (as set out in Clause 29.1.5 (iii) above) delegates must obtain
prior approval from their supervisors to attend.
29.1.7 The Authority is
not under any obligation to pay its delegates whilst they attend to union
business, however in line with the spirit inherent in recognition of the role
of delegates, the Authority is prepared to pay where following criteria are
met:
(i) Safety and
operational requirements are not prejudiced, an application for special leave
is submitted and supervisor approval is obtained beforehand.
(ii) The Authority
considers that the request is reasonable and leads to more constructive staff
relations.
(iii) For
proceedings at the Industrial Relations Commission, assistance to a Union
Advocate is limited to no more than two delegates on each occasion.
29.1.8 The procedure
for notifying for meetings convened by unions and Peak Councils is notification
in writing, giving two working days notice of the meeting, including dates,
venues, proposed agenda and approximate time the meeting will take and details
of delegates expected to attend. The
Authority will be provided with an attendance list of meetings. In exceptional circumstances the parties
agree the above procedures may be waived.
29.1.9 The current
practice, whereby recognised union delegates are allowed a reasonable
opportunity to carry out general union business on-site at time mutually
convenient to the staff and the Authority, will be continued.
29.1.10 When involved in union activity, delegates
are expected to observe the same standards of conduct and behaviour as any
staff. Breaches will be dealt with on
the same basis as for all staff - either under the Waterways Authority
Disciplinary Procedures or other appropriate action.
29.1.11 The Authority reserves the right to
notify the relevant union should it consider a recognised delegate is abusing
any privilege extended to the delegate.
30.
Work Environment
30.1 Occupational
Health and Safety
30.1.1. The Authority is
committed to maintaining an accident-free and healthy workplace. This will be
achieved by:
• Implementation
of appropriate health and safety procedures;
• Appropriate
management practices;
• The active
and constructive involvement of all staff; and
• Management
and staff participation on Safety Committees.
30.1.2 At all times the
Authority and staff will comply with the Occupational
Health and Safety Act 1983.
30.1.3 The Authority
will encourage staff to take a constructive role in promoting improvements in
occupational health, safety and welfare to achieve a healthy and safe working
environment.
30.2 Management
Responsibility
30.2.1 The Authority
shall ensure a safe system of work as a legal obligation thus setting examples
to encourage safe practices and methods:
30.2.2 Each workplace
and its environment must be established and maintained in a safe condition
without risk to health.
30.2.3 Machinery, plant
and equipment must be safe and without risks when properly used and must be
maintained in that condition
30.2.4 Each work
activity must be assessed to determine a safe method of operation.
30.2.5 Procedures need
to be documented in the form of a job instruction and reviewed periodically in
the light of experience or changed circumstances.
30.2.6 Exposure to
harmful chemical and physical agents is in accordance with the specifications
laid down by an approved authority and monitored to ensure compliance with
specifications.
30.2.7 Approved
protective clothing and equipment is provided and instruction given on its use,
maintenance and storage.
30.2.8 Arrangements are
made for monitoring all accident/injury and work related ill-health and
appropriate corrective action taken to prevent a recurrence.
30.2.9 All staff are
instructed in correct work practice for the work being performed.
30.3 Individual
Responsibility
30.3.1 Each staff
member is responsible to work safely to the maximum extent of his/her control
over, or influence on, working conditions and methods.
30.3.2 Observe all
instructions issued to protect safety and the safety of others.
30.3.3 Ensure all
safeguards and protective equipment provided for safety purposes are utilised
accordingly.
30.3.4 Advise the
supervisor of any hazards or deviation from safe working practices at the
workplace.
30.3.5 Not interfere
with or render inactive any safeguard or protective equipment provided for
safety purposes, except when necessary as part of an approved maintenance
procedure.
30.4 Clothing and
Personal Protective Equipment
30.4.1 To ensure the
safety of staff, protective clothing and personal protective equipment will be
issued according to exposure to hazards and risks which exist in the
workplace. Where it is determined that
a protective clothing issue will be made and replacement will be on the basis
of condemnation.
30.4.2 Where a staff
member is issued with protective clothing that clothing must be worn on duty
except when a specific exemption has been allowed by the staff member’s
supervisor. An staff member who has
been issued with protective clothing and/or equipment, reports for duty
incorrectly attired may be stood down without pay or be otherwise deployed
until such time as they are able to report for duty correctly attired.
30.4.3 Some staff will
be issued with uniforms. An staff
member who is issued with a uniform is expected to keep the uniform in good
order and condition and to wear the full uniform at all times when on
duty. Items of uniform will be replaced
on condemnation.
30.4.4 Personal
protective equipment will be issued as required. In areas or circumstances where a hazard(s) have been identified
which require the use of personal protective equipment the wearing of such
equipment shall be compulsory.
30.5 Anti-Discrimination
in the Workplace
Equality of Employment and Elimination of
Discrimination
30.5.1 The parties are
committed to providing a work environment which promotes the achievement of
equity, access and elimination of discrimination in employment.
30.5.2 Anti-discrimination
(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 carer’s responsibilities.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this Agreement the parties have obligations to take all
reasonable steps to ensure that the operation of the provisions to this
Agreement 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 Agreement, which by its terms or operation has a direct or indirect
discriminatory effect.
(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
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State of
Federal jurisdiction.
(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.
(vi) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(vii) 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".
30.6 Harassment
Free Workplace
30.6.1 The Authority is
committed to ensuring that staff work in an environment free of harassment.
30.6.2 Harassment is
any repeated uninvited or unwelcome behaviour directed at or about another
person. The effect of harassment is to
offend, annoy, or intimidate another person and to make the workplace
uncomfortable and unpleasant.
30.6.3 Harassing
behaviour is unacceptable and disruptive to the well-being of individuals and
workplace productivity.
30.6.4 Harassment on
any grounds including but not limited to sex, race, marital status, physical
impairment, sexual preference, HIV/AIDS or age will not be condoned by the
Authority.
30.6.5 Managers and
supervisors shall prevent all forms of harassment by setting personal examples,
by ensuring proper standards of conduct are maintained in the workplace, and by
taking immediate and appropriate measures to stop any form of harassment of
which they may be aware.
30.6.6 All staff are
required to refrain from perpetrating, or being a party to, any form of
harassment.
31.
Personnel Policies
31.1 The MSB
Personnel Policy Manual will continue to have effect until such time as the
Authority amends, replaces or rescinds policy.
31.1.1 Any proposed
changes to policy will be referred to the Waterways Authority Consultative
Committee prior to any change taking effect.
31.1.2 As a consequence
of the introduction of the 1993 MSB Enterprise Agreement, the following sections
of the MSB Personnel Policy Manual are deleted:
Policy
|
Reference
|
Proficiency Allowances
|
1.4
|
Preparation of Relieving Returns
|
1.16
|
Appointment / Employment
|
2.1
|
Birth Certificates
|
2.1
|
Medical Examinations
|
2.1
|
Relief Of Positions Designated As General Scale
|
2.5
|
Payment for Contract Services
|
2.5
|
Determination of Remuneration for Senior Officers
|
2.9
|
Identification Of Positions With Cross Cultural
Qualifications
|
2.10
|
Temporary and Casual Employment
|
2.26
|
Leave Application
|
3.1
|
Public Holidays
|
3.1
|
Annual Leave Loading
|
3.42
|
Adjustment of Salaries of Officers and Staff
|
4.2
|
Blood Donors
|
4.3
|
First Aid
|
4.6
|
Increments
|
4.6
|
Incremental Advancement
|
4.7
|
Job Rotation
|
4.7
|
Reimbursement of Transport Licence Fees
|
4.10
|
Resignations
|
4.11
|
Requirements for Prescribing Essential and Desirable
Qualifications
|
4.12
|
Seniority
|
4.14
|
Temporary Employment to Cover LWOP
|
4.14
|
Termination of Employment
|
4.15
|
Uniforms and Protective Clothing
|
4.16
|
Sexual Harassment
|
4.17
|
Staff Assistance Program
|
4.17
|
Staff Relations Procedures - Complain Resolution
|
4.27
|
Principles for Redeployment within the MSB
|
4.45
|
Superannuation Inclusion of Shift Allowances as Superable
Salary
|
4.53
|
Proficiency Testing
|
6.1
|
Request for Staff Reviews
|
6.8
|
Staff Assistance Program
|
13
|
Job Rotation
|
15
|
Requirements for Prescribing Essential And Desirable
Qualifications
|
29
|
Procedures for Staff Reviews
|
31
|
32.
Caravan, Tent & Boat Allowance
32.1 When
motel/hotel accommodation is neither available nor appropriate, staff required
to camp out or make use of caravans or boats for overnight accommodation in the
course of their duties shall be paid a daily allowance of $33.60 or any other
amount as determined from time to time by the Authority.
33.
No Extra Claims
33.1 Parties to this
Award are obliged not to pursue any extra claims, except those allowed by
Chapter 2, Part 2 of Division 1-3 of the Industrial
Relations Act 1996. Under the Act,
items may be raised for discussion with a view to achieving mutually agreed
variations during the life of the Award.
SCHEDULE A - Awards Agreements Succeeded
Pursuant to sub-clause (ii) of clause 6, Operation of the
Award, this award is intended to rescind and replace the following awards and
agreements:
• MSB
Enterprise Agreement 1993 (370/93)
• MSB
(General Division) Award
• MSB
Clerical Officers Industrial Agreement
• MSB
(Surveyors Field Hands) Award
• MSB
(Miscellaneous Services) Award
• MSB
(Clerical Administrative and Ancillary Support Staff) Award
• MSB (Senior
Engineering and Technical Professional Officers) Award
• MSB (Legal
Officers) Award
• MSB (Survey
Drafting and Search Officers and Survey Branch) Award
• MSB
(Surveyors and Articled Survey Pupils) Award
• MSB
(Architects) Award
• MSB
(Technical Officers) Award
• MSB
(Drafting Officers and Technicians) Award
• MSB (Marine
Engineers, Engineers, Ship Surveyors, Shipwright Surveyors and C) Award
• MSB
(Boating Service Officers) Award
• MSB (State
Boating Service, Port Operations) Award
• MSB (Marine
and Port Services) Award
• MSB (Hours)
Award
• MSB (Senior
Administrative and Business Management Officers) Award
• MSB
(Surveyors' Field Hands) Expense Related Allowances Award
PART B
MONETARY RATES
Table 1 - Annual Salary Rate
Level
|
Rate
$
|
1 Dec 1998
$
|
1 Jul 1999
$
|
1 Dec 1999
$
|
1 Jul 2000
$
|
1 Dec 2000
$
|
1
|
25,536
|
26,047
|
26,568
|
27,099
|
27,641
|
28,194
|
2
|
27,942
|
28,501
|
29,071
|
29,652
|
30,245
|
30,850
|
3
|
32,441
|
33,090
|
33,752
|
34,427
|
35,116
|
35,818
|
4
|
33,973
|
34,652
|
35,345
|
36,052
|
36,773
|
37,508
|
5
|
36,527
|
37,258
|
38,003
|
38,763
|
39,538
|
40,329
|
6
|
38,250
|
39,015
|
39,795
|
40,591
|
41,403
|
42,231
|
7
|
41,123
|
41,945
|
42,784
|
43,640
|
44,513
|
45,403
|
8
|
43,062
|
43,923
|
44,801
|
45,697
|
46,611
|
47,543
|
9
|
46,292
|
47,218
|
48,162
|
49,125
|
50,108
|
51,110
|
10
|
48,476
|
49,446
|
50,435
|
51,444
|
52,473
|
53,552
|
11
|
52,115
|
53,157
|
54,220
|
55,304
|
56,410
|
57,538
|
12
|
54,570
|
55,661
|
56,774
|
57,909
|
59,067
|
60,248
|
13
|
58,662
|
59,835
|
61,032
|
62,253
|
63,498
|
64,768
|
14
|
61,422
|
62.650
|
63,903
|
65,181
|
66,485
|
67,815
|
15
|
66,026
|
67,347
|
68,694
|
70,068
|
71,469
|
72,898
|
16
|
69,133
|
70,516
|
71,926
|
73,365
|
74,832
|
76,329
|
17
|
74,310
|
75,796
|
77,312
|
78,858
|
80,435
|
82,044
|
18
|
77,152
|
78,695
|
80,269
|
81,874
|
83,511
|
85,181
|
19
|
80055
|
81,656
|
83,289
|
84,955
|
86,654
|
88,387
|
Table 2 - Salary Rates for Personal Salaries
New Level
|
Former Level
|
Rate
$
|
5.1
|
3B
|
37 843
|
5.2
|
3C
|
38 431
|
7.1
|
4C
|
43 264
|
8.1
|
4E
|
44 582
|
8.2
|
4G
|
45 899
|
9.1
|
5B
|
47 960
|
9.2
|
5C
|
48 703
|
11.1
|
6B
|
53 991
|
13.1
|
7B
|
60 773
|
16.1
|
8E
|
71 570
|
17.1
|
9C
|
77 728
|
Appendix 1
Organisational Performance Payment
Basket of Agreed KPIs
|
Unit
|
97-98
Actual
(March 98)
|
98-99 Projected
|
99-2000 Projected
|
2000-2001 Projected
|
Client Focus
|
|
|
|
|
|
Reduction in complaints
|
% decrease from
97-98
|
n/a
|
15
|
30
|
50
|
Benchmarked products and services
|
% increase from
97-98
|
0
|
15
|
30
|
0
|
Consultation forums
|
number
|
250
|
255
|
260
|
265
|
|
|
|
|
|
|
Maximum turnaround
time
|
|
|
|
|
|
|
|
|
|
|
|
• complaints
|
working days
|
10
|
10
|
10
|
10
|
|
|
|
|
|
|
• enquiries
|
working days
|
5
|
5
|
5
|
5
|
Business Process
Innovation
|
|
|
|
|
|
|
|
|
|
|
|
Quality Matrix
|
% performance level
|
25
|
35
|
45
|
60
|
|
|
|
|
|
|
User needs analyses (prior to new IT systems)
|
%
|
n/a
|
100
|
100
|
100
|
|
|
|
|
|
|
Business processes documented and reviewed
|
% increase from
97-98
|
n/a
|
33
|
66
|
100
|
|
|
|
|
|
|
Financial
Performance
|
|
|
|
|
|
|
|
|
|
|
|
Increased commercial revenue
|
% increase from
97-98
|
n/a
|
3
|
6
|
10
|
|
|
|
|
|
|
Internal benchmarking of activity costs
|
%
|
n/a
|
100
|
100
|
100
|
|
|
|
|
|
|
Reduction in controllable overhead costs
|
% decrease from
97-98
|
n/a
|
2
|
4
|
6
|
|
|
|
|
|
|
Revenue per employee
|
$’000
|
125
|
137
|
151
|
157
|
|
|
|
|
|
|
Organisational
Health
|
|
|
|
|
|
|
|
|
|
|
|
Internal communication forums
|
% increase from
97-98
|
n/a
|
33
|
66
|
100
|
|
|
|
|
|
|
Training programs implemented
|
% of annual
training plan
|
n/a
|
100
|
100
|
100
|
|
|
|
|
|
|
Staff satisfaction index
|
% performance level
|
n/a
|
60
|
80
|
100
|
|
|
|
|
|
|
Time lost due to sickness or workplace accident
|
days per employee
|
5.22
|
5
|
5
|
5
|
|
|
|
|
|
|
Time lost due to industrial dispute
|
days
|
nil
|
nil
|
nil
|
nil
|
APPENDIX
2
GRIEVANCE HANDLING & DISPUTE RESOLUTION GUIDELINES
1. OBJECTIVES OF THESE GUIDELINES
To create an environment where grievances and disputes are
identified, heard and resolved and to ensure that grievances and disputes are
solved as fairly and promptly as possible and in a consistent manner, to
empower supervisors and managers to resolve grievances as close to the source
of complaint as possible.
2. WHAT IS A GRIEVANCE?
A grievance is a personal complaint or difficulty. It is any work-related matter that is
causing a staff member distress or concern, including a matter concerning
discrimination in employment on a ground to which the Anti-Discrimination Act 1977 applies. For example, a grievance may relate to a perceived lack of
training opportunity or being denied leave.
It may also involve suspected discrimination or harassment against a
staff member, including a member of an EEO target group.
3. WHAT IS A DISPUTE?
A dispute generally refers to a complaint or difficulty that
affects more than one staff member. A
formal procedure provides an opportunity to resolve a dispute before industrial
action occurs. For example, a decision
that changes the working conditions of a group of staff within a work area may
become a dispute.
4. GRIEVANCE HANDLING PROCEDURES
4.1 Early
Intervention/Resolution of Grievances
When a grievance arises, or is likely to occur, the
following steps are to be followed:
(i) Consider the
issues causing distress or concern and initiate action to resolve the matter promptly
and fairly with the responsible party.
(ii) Do not
hesitate to act quickly if a matter is causing personal distress. Small
problems, if left unattended, can escalate and may affect health, self-esteem,
self confidence, work performance and productivity.
(iii) Carefully
document details of the grievance, including times, dates, witnesses (if
available) and personal feelings.
(iv) If a grievance
situation persists, inform the responsible party that unless it is resolved,
other parties will be called on to provide expert assistance.
4.2 Seeking
Assistance
Aggrieved parties can obtain assistance by approaching
the Employee Assistance Program (EAP) staff Counsellor, specialist Human
Resources personnel, work colleagues, Union delegates or the spokeswoman.
4.3 The Role of
the Supervisor/ Manager
(i) Supervisors
and/or managers are responsible for ensuring grievances are addressed quickly
and fairly. Staff who have a complaint should first raise it with their
supervisor. They may wish to have a union delegate present when informing the
supervisor of the grievance, or at any stage of these procedures. Friends or
interpreters can also be present. If necessary the Waterways Authority will
arrange and pay for the cost of an interpreter.
It is important to note that staff should not hesitate
to speak up and bring real grievances to the notice of their supervisor. Staff
may seek appropriate support or advice as required.
In cases where the first approach to a supervisor
cannot be made because the grievance concerns that supervisor, contact should
then be made with the appropriate manager or the Human Resources Manager.
(ii) In many
instances grievances may be resolved within the area in which the grievance
occurred and with the involvement of the supervisor. In the next section
detailed steps are provided for resolving grievance complaints.
(iii) All parties
involved in resolving a grievance dispute agree that normal work activities
should not cease unless there is a proven health or safety risk to any of the
parties.
(iv) If such a risk
is present, the Chief Executive, with advice from the Human Resources Manager
and the appropriate union, should be notified so that other arrangements may be
made.
(v) The supervisor
should listen with an open mind, gather all relevant facts, act promptly and
fairly whilst taking a consistent approach.
The supervisor should follow up to ensure that the correct action has
been taken and the cause of the grievance has been properly addressed.
4.4 Steps to be
followed in resolving Grievances
Step 1 At first,
assistance or advice should be sought from specialist Human Resources
personnel, if necessary, to clarify these procedures or how to deal with EEO
target group issues.
The aggrieved party should then approach their
supervisor, who is responsible for ensuring that the grievance is addressed
quickly and fairly. Grievances that involve dangerous, criminal or other
illegal activity, must be reported immediately to the Human Resource manager by
the Supervisor or Manager. Grievances
may be referred to the appropriate union at any time.
Step 2 Supervisors
should listen with an open mind, be patient, and ask questions to obtain a
better understanding of the situation. This requires that parties adopt a
mutual problem-solving approach, which is impartial and is not diminished by
preconceived opinions.
Step 3 Supervisors
should at first obtain all the facts from the aggrieved party. They should then approach the party or
parties against whom the complaint is made, and seek their response on the
allegations. It is important at this
stage that this process makes a clear distinction between facts and opinions.
Other information that is relevant should be collected, consulting records and
policies if necessary. Any information
that the supervisor gathers should be kept in a secure place until the matter
is resolved.
Step 4 The supervisor
should act promptly and fairly and, in consultation with the aggrieved party,
must set reasonable deadlines for dealing with the grievance.
Step 5 A supervisor who
does not have the authority or all the necessary information to resolve the
grievance, must identify who has and, in agreement with the aggrieved party,
must seek further advice.
Step 6 Wherever possible
the supervisor must complete an investigation of all the facts, and consider
all relevant viewpoints, prior to making a decision to resolve the grievance.
Step 7 After a decision
is made, and it is not accepted by the aggrieved party, the supervisor must
advise all the parties involved of internal and external avenues that can be
used to achieve a fair and equitable resolution. The supervisor must ensure
that agreed corrective action has been taken and causes addressed.
Step 8 Where a
supervisor is unable to resolve the matter directly between the parties
involved, then the next line of manager or the Human Resources Manager may be
contacted, if so desired by the aggrieved party. A reasonable amount of time should be allowed for the matter to
be dealt with thoroughly.
Step 9 In the event that
this manager is also unable to resolve the grievance, the matter should then be
directed to the Chief Executive (if deemed appropriate), who then assumes
responsibility for resolving the grievance.
Step 10 If the parties agree, the matter may
be referred to an independent mediator/arbitrator to be resolved. The Human
Resources Manager should be approached for assistance.
4.5 Confidentiality
Supervisors will not discuss the grievance with any
other person(s) without the agreement of the aggrieved party. The sharing of information is to be confined
to those people who need to know about the grievance in order to help resolve
it particularly in matters of discrimination or harassment in the workplace.
Any necessary discussion of the grievance among relevant managers will remain
confidential.
5. DISPUTE RESOLUTION PROCEDURES
5.1 Any dispute
between staff or their union and the Authority should follow the steps
below. In addition, the principles
underlying the resolution of grievances should be followed in dealing with
disputes. Industrial relation past
& precedent dictates that normal work must continue while these Procedures
are being following. If a health or
safety risk is present, the Human Resources Manager should be notified for appropriate
assessment and action.
5.2 Steps to be
followed in resolving a Dispute
Step 1 Staff or the
union representative should contact the relevant supervisor in the first
instance. The supervisor must commence
to deal with the dispute as quickly as possible, usually within 24 hours of
being notified.
Step 2 If the dispute is
unresolved, the staff or union representative may approach the Branch Manager
or equivalent to resolve the dispute.
Where the grievance has industrial or human resource implications, the
Branch Manager should seek the advice of the Human Resources Manager.
Step 3 At this point, if
the dispute remains unresolved, the Branch Manager should inform the Chief
Executive.
Step 4 The staff member
or union may refer the dispute to the Industrial Relations Commission.
5.3 Keeping
records relating to the grievance/dispute
Papers that relate to the grievance or dispute should
be retained at the local level for a reasonable period. The supervisor or manager should ensure the
papers are secured. All parties
directly concerned with the grievance or dispute should be given an opportunity
to read and comment on papers relating to them. Documentation should be kept separate from personnel files.
APPENDIX 3
JOB EVALUATION
PROGRAM
The job evaluation system in operation in Waterways at the
time of the signing of this Agreement is the OCR Job Evaluation System.
Program Objective
Job evaluation involves the systematic comparison of jobs,
based on work value, in order to determine the appropriate remuneration level
of positions.
The Job Evaluation System provides an ongoing process to
ensure sizing and salary point levels are fair and equitable and can stand up
to thorough scrutiny by all parties involved in the award restructuring
process.
Job evaluation is undertaken at the Authority-wide
level. The Job Evaluation Committee
will comprise as a minimum one Human Resources person, a job expert, one team
representative and the line manager for the position to be evaluated (not the
immediate supervisor). Gender balance
is required with the Job Evaluation Committee comprising at least one man and
one woman.
Training of all Job Evaluation Committee members by OCR is
required prior to participating in evaluation work. Accreditation of Job Evaluation Committee members is required.
Training of Human Resources employees by OCR of their JES
(Job Evaluation System) is required to undertake computer analysis, regression
analysis of work values and to assign appropriate salaries to positions
evaluated.
Accreditation of Human Resources employees performing
analysis and assigning of appropriate salary levels is required.
In each case, accreditation will be on a joint arrangement
between OCR and the Authority.
The following table sets out how the work value points
determined by the Waterways OCR Job Evaluation System will be translated into
the salary model. There will be entry
points at each level, dependent upon the work value points allocated to each
position evaluated. The table below
sets out the range of work value points for each entry point:
Level
|
Job Value Points
|
1
|
54 - 82
|
2
|
83 - 110
|
3
|
111 - 128
|
4
|
129 - 145
|
5
|
146 - 167
|
6
|
168 - 187
|
7
|
188 - 212
|
8
|
213 - 236
|
9
|
237 - 267
|
10
|
268 - 296
|
11
|
297 - 334
|
12
|
335 - 371
|
13
|
372 - 420
|
14
|
421 - 469
|
15
|
470 - 540
|
16
|
541 - 609
|
17
|
610 - 690
|
18
|
691 - 769
|
The following information is extracted from the 1993 MSB
Enterprise Agreement and relates exclusively to the interpolation to the new
1993 remuneration structure and the transitional arrangements for the
introduction of the MSB Job Evaluation System.
The details are repeated for historical information purposes only.
Interpolation to
Remuneration Structure
Positions determined to be outside the work value points
range for the level as part of the benchmarking process will be dealt with as
follows:
"Unders" Where the correct remuneration level is
below the current salary for any position then priority in the job redesign
process will be given to any such positions.
Where job evaluation following job redesign confirms any
position to be "under graded" the position will be moved to the
correct work value point, ie. A or D salary point.
"Overs"
Where the correct remuneration
level is above the current salary for any position then priority in the job redesign
process will be given to any such positions.
Transition
Arrangements for the Introduction of the MSB Job Evaluation System
• Where the
duties and responsibilities after job redesign are not significantly changed
for those in the original positions and job evaluation scores the position at
the same or higher level then the employee can be directly appointed to the
position. This will occur once for each
position.
• Where an
employee has occupied a position which has been restructured over time but not
re-evaluated; and has been performing the duties satisfactorily in excess of 12
months, then direct appointment can occur following a job redesign to the level
determined by job evaluation.
• Where job
evaluation following job redesign confirms any position to be "over
graded" the employee occupying any such position is "red
circled", where job redesign doesn’t allow the position to be graded at
the present level. When the position
next falls vacant it is moved to the correct work value point, ie. A or D
salary point.
Merit Based Promotion
The MSB Regulation defines the basis upon which
redeployment, transfer and promotion occur.
Merit will form the basis of promotion between levels. Where a position is evaluated to be a higher
remuneration level and the transition arrangements for the introduction of the
MSB Job Evaluation System are not applicable then the position will be
advertised and filled on a basis of merit.
Appendix 4
PERFORMANCE
MANAGEMENT SYSTEM
GUIDELINES FOR
SUPERVISORS & STAFF
March 1996
|
PREAMBLE
These guidelines have been produced by the Waterways
Authority in conjunction with the Employee Consultative Committee on
Performance Management.
The Members of that Committee are:
Mike Hluchan - Property & Assets Section
Ian Sinclair - Sydney Region
Hugh Cooke - Commercial Vessels
Sue Calleja - Commercial Vessels
Kim Newell - Sydney Region
Sue Ohanian - Employee Development Manager
Terry Hamilton - Personnel Services Administrator
JOHN QUINLAN
Acting Chief
Executive
Contents
1. OVERVIEW
1.1 Introduction
1.2 Definitions
1.3 Objectives
1.4 The Process
1.5 Meeting the
challenge to establishing a successful agreement
2. STAGE ONE:
2.1 Developing the
Performance Agreement and Training Needs
2.2 The roles of reporting
officer and reviewee
2.3 What is
established at the interview
2.4 Individual
Training Plans
2.5 Outcomes of
the Performance Agreement Interview
Summary of roles and responsibilities
3. STAGE TWO:
3.1 Progress
Reviews/Providing Ongoing Support
3.2 Informal
review/support
3.3 Formal reviews
Summary of roles and responsibilities
4. STAGE THREE:
4.1 Final
Performance Review
4.2 Procedures to
follow when assessing performance
4.3 Outcomes of
assessing performance
4.4 Review of
Individual Training Plans
4.5 Levels of
Performance
Summary of roles and responsibilities
5. STAGE FOUR:
5.1 Identify and
Initiate Appropriate Action
5.2 Discussion of
the report
Summary of roles and responsibilities
6. ADMINISTRATION:
6.1 Performance
Planning and Review Training
6.2 When is the
agreement completed
6.3 Storage of
Reports
6.4 Access to
Reports
6.5 Disputes/Grievances
6.6 Grievance
mechanism
6.7 Confidentiality
7. COPY OF PERFORMANCE AGREEMENT
Waterways Authority
Performance Management System
1. OVERVIEW
1.1 INTRODUCTION
The Waterways Authority has adopted a Performance
Management System as part of its management strategy and as an aid to assist
staff achieve their goals as well as the organisation's goals.
The first three months of the System (1 April - 30 June
1996) will be a pilot program. It will
be team-based, rather than individual-based with the performance targets,
indicators and assessment of performance based within the team.
A performance management system is the process of
identifying, evaluating and developing employee work performance. This will
achieve the dual purposes of ensuring that the Authority achieves its business
goals and that staff benefit by way of providing information and performance
feedback, enhancing rapport with supervisors, as well as receiving recognition
and reward.
The main purpose of performance management within the
Authority is to promote an agreed results-oriented work ethic. This is done by
identifying the goals of the Authority and the team, against which is measured
outstanding, satisfactory and poor work performance. In addition, individual training and development needs are
identified in order to improve performance, job satisfaction and future career
prospects.
These guidelines have been provided to ensure that all
supervisors, managers and staff clearly understand their rights, roles and
responsibilities under the System. They
set out what is expected of supervisors and managers in their role as reviewing
officers or mediators and of staff as reviewees. By providing a clear statement
of the roles, it is intended that a consistent and fair approach will be
achieved for all staff.
The Performance Management System will apply to all
non-SES staff of the Waterways Authority.
1.2 DEFINITIONS
Performance Management
is the process of identifying, evaluating and developing
employee work performance.
Performance Agreement
is a written formal document which contains an agreement
between the team and the manager that:
i) identifies
agreed, performance targets and performance indicators for the duration of the
agreement; and
ii) identifies
separate staff and career development plans.
Performance Targets
a more specific statement of what is being aimed for in
the current review period. They provide
a clear qualitative and quantitative focus for the specific work to be done.
Performance Indicators
are standards or measures set to verify if teams have
met their targets.
Work Plan
is developed at the start of the review period and
contains work and development activities that are targeted for completion at,
say, weekly, monthly or three - monthly intervals. It assists teams in monitoring their progress towards targets.
Staff Development
this is the training that is needed for individual
employees to develop the knowledge and the skills which are needed to achieve
the performance targets and to improve current skills.
Career Development
This covers:
(i) broadening of
the knowledge and skills base of an employee to increase his/her ability to
work in other areas;
(ii) increased job
satisfaction; and
(iii) promotion
opportunities.
A time period of the next 2-3 years is used as the basis
for these discussions.
The knowledge, skills and experience needed to assist
this career development are identified and the supervisor must make a
commitment on the development activities to be provided for the period. Such commitments may include: allowing the
employee to act in a higher position; having the employee involved in job
rotation; placing the employee on a project team or special committee; and/or
attending a specific course.
1.3 OBJECTIVES
The principal objectives of the
System are to:
ensure that teams are aware of their branch business
strategies and objectives, key tasks and supervisor expectations;
establish team targets linked to the Waterway's
Corporate Plan and Branch business/Region plans;
monitor and measure performance against these targets
and provide constructive feedback on performance;
identify outstanding, satisfactory and poor work
performance and initiate appropriate action;
provide a training needs analysis for the staff member
and, in the end, for the Authority as a whole.
1.4 THE PROCESS
The process will comprise four separate stages:
developing the Performance Agreement:
the progress review, the final performance review and identifying and
initiating appropriate action. How
these four components fit together is best shown by the figure below: (Please
refer the file IRC 01/1367)
During the first stage of the process, each manager or
supervisor with responsibility for a team will establish a team Performance
Agreement which is signed by each member of the team following a Performance
Agreement interview. A Performance Agreement is a written, formal document
which contains an agreement between a team and its manager/supervisor
identifying agreed performance targets and performance indicators.
The agreement also contains staff and career
development plans for each team member.
They are contained in Part 4 of the agreement.
The second stage provides for on-going monitoring and
feedback on performance. Progress will
be reviewed regularly (at least every 3 months) both informally and formally,
and can provide an opportunity for re-adjustment and refinement of the
Agreement, as a result of previously unforeseen influences eg. re-organisation,
changed priorities.
At the expiration of the Agreement a final performance
review will take place. This review will assess team performance during the
life of the Agreement, and must be based clearly and directly on the performance
agreement, ie. those previously determined performance targets and performance
indicators.
The last stage will be to assess information obtained
from the final performance review, identify whether performance is outstanding,
satisfactory or poor and initiate the appropriate action that needs to be
taken.
1.5 MEETING THE CHALLENGE OF ESTABLISHING A
SUCCESSFUL AGREEMENT
The four phases of the performance management process
will be enhanced by effective interpersonal relationships established between
managers, supervisors, individuals and work teams. The success of any Performance Agreement will therefore depend
upon how managers, supervisors, and team members interact with each other.
Managers and supervisors need to:
gain commitment by seeking information and ideas from others;
tap employee potential by coaching and reinforcing;
motivate staff by enhancing their self-esteem;
check for understanding by summarising information and
agreed-upon actions;
monitor progress by establishing follow-up dates;
express interest and concern by listening carefully and
responding appropriately;
keep goals clear and performance high by providing consistent
positive and/or corrective feedback.
By applying the
following five critical principles, managers and supervisors will ensure that
they meet the challenge of establishing a successful Performance Management
System:
Be specific
|
when maintaining or enhancing self-esteem, it is important
to be specific. While it never hurts to simply say `good job', describing the
`good job' in detail will be more meaningful. In addition to showing you value this person, there will be no
doubt about what you are praising.
|
Be sincere
|
being specific when praising or recognising someone also
shows that you are sincere. Phoney,
insincere compliments are easily detected and usually do more harm than good.
Overdoing it `dilutes' the praise and lessens its impact.
|
Respond to feelings
and content
|
it is important to know that you heard and understood both
the content of what was said and the feelings expressed through active
listening*. Getting feelings out in
the open helps you focus on the topic in question. If people don't communicate freely and openly, you might not
receive essential information.
|
Seek & develop
ideas
|
by seeking ideas you create a participative atmosphere
that encourages your team to collaboratively develop and build on each
other's suggestions.
|
Provide support
without removing responsibility
|
when team members are committed to implementing ideas,
offer your support, but make sure people are aware of their areas of
responsibility. Supporting ideas,
suggestions and solutions without removing responsibility for action is a
critical component of leadership.
Show your support by offering encouragement, being available to help,
and removing potential barriers within your control.
|
* Active listening
|
react with calmness and interest
|
|
listen for content, feelings and meanings (with special
focus on feelings)
|
|
use open-ended probing questions
|
|
summarise and clarify
|
2. STAGE ONE
2.1 Developing the
Performance Agreement
The first phase of establishing an Agreement involves
managers, supervisors and the team participating in a Performance Agreement
interview.
The purpose of a Performance Agreement interview is to
produce an equitable, fair, consistent, clear and concise statement on a team's
performance targets and indicators
The manager/supervisor who has direct responsibility
for the team will be the reporting officer and the team members are the
reviewees. Therefore each
manager/supervisor will experience being both a reporting officer and a
reviewee, and at times, a mediator.
Equally, the supervisor/manager of the team forms part of the team.
The usual period of an Agreement will be 12
months. However, during the pilot
program agreements will last for 3 months.
After the pilot program managers will require the approval of the Human
Resources Manager to establish agreements for less than 12 months.
2.2 The Roles of
Reporting Officer and Reviewee
The Reporting Officer will undertake responsibility for
conducting the Performance Agreement interview, as well as providing ongoing
support to team members for the duration of the Agreement and assessing and
reporting on performance. This should
be done having due regard to issues of equity, consistency, EEO policies and
principles.
The interview should take place in a private setting
and should be as informal as possible.
As the interview may take between one to two hours, ample time should be
allocated by the Reporting Officer.
Also ensure that there are no interruptions.
Team members should, prior to the Performance Agreement
interview think about the Business Plan, possible performance targets and
indicators, and their staff and career development needs. They should also seek feedback and
assistance from their manager/supervisor and/or team members to help them
achieve their performance targets, particularly if any difficulties are being
experienced.
Regular two-way communication and effective rapport
between the reporting officer and team members is essential if the roles are to
be effective.
2.3 What is
Established at the Interview
The Performance Agreement interview provides for
discussion of business objectives, performance targets and indicators for the
designated period. Parties to the
agreement should co-operate to produce:
Specific
Measurable
Achievable
Realistic
Timeframed
Agreed
performance targets and identify appropriate and
equitable indicators. The targets
identified must reflect the responsibilities of the team and link with the
Waterways Corporate Plan objectives.
The Human Resources Section can provide assistance in
the development of these initial performance targets and indicators and
thereafter, upon request.
In ensuring the effectiveness of discussions, it is
necessary for the parties to make certain preparations for the interview.
The Reporting Officer should:
give the team sufficient notice of the Performance
Agreement interview to ensure adequate time for preparation;
provide any relevant information and/or advice prior to
the interview taking place, for example, the Branch business plans;
Prior to the interview taking place team members need to:
make sure they know the function/s of their team and
the Branch's/Region's responsibilities under the Corporate Plan;
think about how the team can achieve its business
objectives.
During the discussion, the parties should:
be prepared to establish SMARTA performance targets and
verifiable performance indicators;
ensure that performance targets and indicators are
formulated with input from all parties;
be prepared to have more than one meeting if necessary
to complete the form.
Discussions should be open and all performance targets
and indicators should be made clear, including their linkage to the Corporate
Plan.
Together, participants should formulate for the duration of
the Agreement the team's:
(a) performance
targets - drawn from the team's outcomes and based on job responsibilities,
they provide a clear qualitative and quantitative focus for the specific work
to be done.
Performance targets must:
be consistent with the team's key outcomes for the
designated period, based on
Branch/Regional plans and the objectives specified in
the Waterway's Business Plan;
be within the team's capacity to provide resources and
support;
be set at challenging and realistic levels, whilst
being SMARTA.
(b) performance
indicators - are means of verifying if targets have been met.
2.4 OUTCOMES OF THE PERFORMANCE AGREEMENT
INTERVIEW
To summarise, the interviews must produce equitable, fair,
consistent, clear and concise statements on the team's and the individual team
member's:
performance targets consistent with the level of the
team
performance indicators consistent with the level of the
team
staff development activities applicable to the current
responsibilities and targets of the individuals in the team
career development plan.
Another important outcome is a consensus between the parties
on their respective roles and responsibilities during the agreement period.
The Reporting Officer should, after discussion with the
team, complete those sections of the form which refer to the Corporate Plan,
performance targets and performance indicators.
The interviews will be concluded by the team members and
Reporting Officer signing Performance Agreement. The reporting officer should keep Part One of the original
Performance Agreement form, and team members are given a copy of Part One and
their personal copy of Part Four.
A copy of Part Four should be forwarded by the Reporting
Officer to the Manager, Human Resources.
This copy will be used to assist in planning for future training and
development programs and as a follow-up to ensure that a Performance Agreement
has been completed for all staff.
2.5 INDIVIDUAL TRAINING PLANS
In addition to the meeting(s) between the team members and
their supervisor/manager, a separate interview is held with each individual
team member to determine an appropriate staff development program and to
establish relevant career development plans.
All these details are recorded in Part 4 of the Performance Agreement
form.
At these individual interviews the team member and
supervisor/manager discuss:
staff development - that is what the individual needs
to function effectively in their current position and, therefore, reach or
exceed their targets;
career development - those specific career development
activities the individual requires during the review period considering both
short-term and long term development needs.
SUMMARY OF ROLES & RESPONSIBILITIES
1. Performance
Agreement Stage
Team Members
|
Reporting Officers
|
Always ensure confidentiality.
|
Arrange and conduct interviews.
|
Familiarise yourself and your team with Branch/Regional
plan & business objectives and think about how your team can contribute.
|
Always ensure confidentiality.
|
|
Give adequate notice of performance agreement interview.
|
Consider possible performance targets and performance
indicators that relate to team role and Branch/Regional business plan.
|
Provide private, comfortable setting with no
interruptions.
|
Adopt a co-operative joint problem solving approach.
|
Allow ample time (1-2 hours) for the meeting and be
prepared to have more than one meeting
|
Consider your staff and career development training needs
(prior to the individual meeting).
|
Ensure team members have copy of Corporate Plan and
Branch/Regional plan
|
Identify your staff and career development needs
|
|
|
Familiarise yourself with Branch/Regional plan and
business objectives.
|
Develop a work plan for the team, if considered
|
|
useful.
|
Consider possible performance targets and performance
indicators that relate to team role and Branch/Regional business objectives.
|
|
Ensure that you are thoroughly familiar with the
Performance Management system
|
|
Explain process to the team including roles of Reporting
Officer and team members during review period
|
|
During interview:
|
|
|
|
- Put team
members at ease
|
|
|
|
- Listen
actively
|
|
|
|
- Be
supportive
|
|
|
|
Ensure targets and indicators are formulated with input
from both parties.
|
|
Conduct individual staff and career development
interviews.
|
|
Fill out appropriate parts of Performance
|
|
Agreement form.
|
|
|
|
Obtain signatures for forms and distribute copies.
|
3 STAGE TWO
3.1 PROGRESS REVIEWS/PROVIDING ONGOING
SUPPORT
Ongoing support, understanding and genuine two-way
feedback are critical in the performance management process. Progress reviews also provide the
opportunity for team members to discuss with their reporting officer, any difficulties
they may have. Performance targets and
staff development activities should be constantly evaluated and feedback
provided regularly to ensure that progress towards performance targets is as
expected and that appropriate development is being made available. Career development activities are also
regularly checked against the original plans so that further action can be
taken if necessary.
Progress should be reviewed regularly and conducted
both informally and formally. These
meetings provide opportunities for feedback and review including:
evaluation of progress towards targets
the re-adjustment and refinement of the original plan
as a result of previously unforeseen circumstances
correcting any planning mistakes
helping to meet work plans
encouraging progress in staff and career development
activities
the identification of any training needs
strengthening relationships
Formal progress reviews are to be held every three
months. Informal reviews and ongoing
support occur between these times at intervals to suit the circumstances. Progress reviews are important as it allows
the team time to address serious concerns and ensures that where there is an
adverse outcome from the assessment, the reviewer is not raising it for the
first time at the final performance review.
3.2 INFORMAL REVIEW/ONGOING SUPPORT
Informal reviews/discussion may be initiated by either the
team or the Reporting Officer.
Informal approaches by the Reporting Officers should be made
frequently and can provide an important exchange of information without any
unnecessary anxiety. In addition, team
members should meet regularly to discuss progress against targets. Reporting officers should know and inquire
whether targets and tasks are being achieved, or whether the team is experiencing
any difficulty. In the latter case,
assistance should be offered to overcome the difficulty being experienced. Similarly, team members should seek
assistance or report on progress when the need arises.
Informal support should be provided when a change occurs
that may affect the team's work, or whenever any person needs assurance that
progress is being achieved as planned.
3.3 FORMAL REVIEWS
As well as frequent informal support, a formal discussion of
the team's progress should be held every three months.
Formal interviews can obtain details about performance which
might not arise from more casual discussions.
Thus potential problems are more likely to be identified earlier and
avoided. A work plan could be developed at the start of the Agreement period
whereby agreed work and development activities are targeted for completion at
three monthly intervals. Formal
interviews can then be simply used to review and evaluate performance in light
of the work plan. This plan will help
teams to monitor their allocation of time and manage their workload in order to
achieve all targets.
Formal reviews reinforce effective performance, evaluate and
recognise achievements, solve problems and provide counselling. Feedback ensures that there are no surprises
at the final performance review meeting.
Before conducting a formal review interview, the parties
should check the Performance Agreement form and any other notes to ensure
familiarity with the agreed targets and indicators. Team members should meet to also discuss their overall
performance.
Information should be sought on:
What progress is being made?;
What difficulties (if any) are being experienced?;
What assistance is required of the Reporting Officer?;
and
What alterations (if any) need to be made to the work
plan?
If interim targets are not being met, the reasons should be
identified. Staff development
activities that have been completed should be discussed and their relevance and
applicability to the team's jobs evaluated.
Additional staff development activities may be added to the action plan
if required.
Reporting officers should encourage teams to monitor their
own progress to provide a basis for discussion during these interviews.
Both the team and reporting officer should keep brief records
of such interviews. These records should emphasise:
the team's progress
difficulties being experienced
assistance requested
assistance provided
staff and career development activities undertaken.
These records will assist in subsequent interviews and in
particular with the evaluation at the conclusion of the Agreement period.
Reporting Officers are required to record the dates when
these meeting are held in parts 2 and 5 of the form.
SUMMARY OF ROLES AND RESPONSIBILITIES
2. Ongoing Support
and Progress Reviews
|
|
Team Members
|
Reporting Officers
|
|
|
Regularly meet as a team, including the Reporting Officer
(who forms part of the team), to discuss progress against targets.
|
Regularly meet with the team to discuss progress against
targets.
|
|
Encourage team to monitor their own progress
|
Seek assistance from Reporting Officer if difficulties
arise.
|
|
|
Undertake informal progress reviews via casual approaches
and discussions
|
If necessary, initiate informal and formal reviews
|
|
with Reporting Officer.
|
Arrange formal progress reviews every 3 months.
|
Consider possible solutions to problems that may arise -
adopt a problem solving approach
|
|
|
Encourage teams to seek assistance and report on progress
being made
|
.
|
.
|
Seek feedback from Reporting Officer regarding the
|
Enquire regularly about progress being made
|
team's progress.
|
against targets.
|
|
|
Seek agreement to alter original targets and indicators if
difficulties in achievement is being encountered
|
Offer assistance if difficulties being encountered - adopt
a problem solving approach.
|
.
|
|
Monitor usefulness of and progress on individual staff
development activities.
|
Familiarise yourself with team's performance targets and
indicators prior to the progress review.
|
Accept constructive feedback.
|
|
|
Assess requests for amendments to original
|
Keep brief records of interviews.
|
targets and indicators.
|
|
|
|
At individual meetings discuss progress on, and evaluate,
staff development activities
|
|
.
|
|
Keep brief records of interviews
|
|
|
|
During interview:
|
|
|
|
Provide positive feedback and constructive
|
|
criticism where appropriate.
|
|
|
|
Listen to team's views & explanations.
|
|
|
|
Resolve problems by addressing issues rather
|
|
than attributing blame; be positive and focus on future
performance rather than past mistakes.
|
|
|
|
Keep brief records of interviews.
|
|
|
|
Record dates of interview on Part 2 of form
|
4. STAGE THREE
4.1 FINAL TEAM PERFORMANCE REVIEW
The final performance review will indicate:
For the team:
Job performance and the extent to which performance
targets have been met;
the reasons for any performance targets not achieved
For the individual:
the type and relevance of staff development activities
undertaken
future development activities and career aspirations
that have been identified.
The evaluation of performance should be based clearly
and directly on the team's agreement, ie. on the written performance targets
and indicators.
The Reporting
Officer's task is to determine whether or not targets have been met,
when reviewed against the agreed performance indicators.
If regular support has been provided and continuous feedback
has occurred, the parties are more likely to agree on the assessment made at
the conclusion of the Agreement period.
Both parties will need to review the Performance Agreement material
before this interview.
4.2 PROCEDURES TO FOLLOW WHEN ASSESSING
PERFORMANCE
Referring to the Performance Agreement form, parties should:
review each performance target and discuss the extent
of the achievement based on the performance indicator(s)
determine possible causes of any non-achievement of
targets.
To ensure the success of these interviews it is important
that Reporting Officers keep the following points in mind. They should:
allow ample time for the interview and provide and
private setting with no interruptions
take a co-operative approach by treating team members
as colleagues in reviewing the performance
avoid making judgemental comments or giving opinions,
for example, "that wasn't very good", without providing specific
detail
ask questions of the team members to gather information
about performance
language should not be argumentative, but be factual
and objective, whilst maintaining self-esteem
let the team members, as far as possible, draw the
conclusions based on the information available.
People who feel good about themselves are more motivated,
productive and co-operative. They are more committed to solving problems,
exploring opportunities and facing challenges.
A person's self-esteem is maintained by being careful not to
damage their feeling of self-worth, especially when discussing problems. This can be accomplished by focusing on the
facts, not the person. You enhance that person's self-esteem when you
acknowledge their good ideas, express confidence in their abilities, and treat
them as competent individuals.
Decisions on collecting information about performance need
to be based on some well-proven research findings which include:
the most useful and reliable information on which to
base judgements about performance is job-related
personal traits, qualities and characteristics are not
regarded as appropriate criteria for performance reviews as judgements tend to
reflect individual values which may not be shared by others
4.3 OUTCOMES OF ASSESSING PERFORMANCE
There should be a basic consensus between the Reporting
Officer and the team/individual on the:
achievement of performance targets
nature of any difficulties experienced
usefulness of staff development and career development
activities
nature of future staff and career development needs
In the spaces provided on the form, the extent of
achievement of each performance target should be recorded. In the event of the non-achievement of a
performance target, the reasons should be noted (eg. inaction, lack of
skills/resources). The reporting
officer should consider that the non-achievement of performance targets is not
necessarily the fault of the team, but may be due to other factors beyond the
team's control.
A summary report on the overall assessment of performance of
the team must be recorded in the appropriate space. It should focus on the Performance Agreement form, the
achievement of targets, and other relevant records. All comments on performance given in this statement must be able
to be substantiated by supporting evidence.
4.4 REVIEW OF INDIVIDUAL TRAINING PLANS
At a separate interview with individual team members, the
reporting officer and team member should:
determine the value of completed staff development
activities
identify further staff development needs and plan for
future activities to meet those needs
discuss the usefulness of activities that have been
undertaken for career development and further plans for more activities
These details should be recorded in Part 6 of the Performance
Agreement.
4.5 LEVELS OF PERFORMANCE
4.5.1 Team Performance
The matter of poor performance by an individual is
separate to that of poor performance by a team. Team performance is an integral part of the discussions between
the team and the Reporting Officer at the progress reviews throughout the
review period.
The ongoing support provided to the team by the
Reporting Officer and the progress reviews (both informal and formal) should
ensure that questions about team performance do not suddenly arise at the final
performance review.
4.5.2 Individual Performance
If at any stage during the review period the team
considers that a member is not performing to his/her optimum, attempts should
be made to resolve the issue within the team.
This may involve the identification of factors affecting performance and
assistance to overcome these problems.
If, however, the matter cannot be resolved by the team,
it should be referred to the supervisor/manager. The matter is then dealt with as an individual, confidential
issue between the person concerned and the supervisor and follows the
established policy and procedures. It
may also be that the supervisor/manager identifies the poor performance on
his/her own initiative.
SUMMARY OF ROLES AND RESPONSIBILITIES
3. Performance Review
|
|
Team Members
|
Reporting Officer
|
|
|
Re-familiarise yourself with the agreed performance
|
Determine mutually convenient time for
|
targets and indicators.
|
interview.
|
|
|
Prepare for the meeting by:
|
Give adequate notice of interview.
|
|
|
1) Meeting as
a team to discuss overall
|
Arrange private, comfortable setting with no
|
performance
against targets and indicators.
|
interruptions.
|
|
|
2) Reviewing
records of progress interviews.
|
Allow sufficient time for interview.
|
|
|
3) Formulating
a team view as to your overall
|
Re-familiarise yourself with the agreed
|
assessment.
|
performance targets and indicators.
|
|
|
Raise any disagreement on proposed assessment.
|
Review records of progress interviews before
|
|
final review.
|
Be familiar with your team's achievements during the
|
|
period.
|
Determine if targets have been met when
|
|
reviewed against the agreed performance
|
Be prepared to discuss difficulties that have occurred.
|
indicators.
|
|
|
Individuals are to assess the value of staff and career
development activities undertaken and consider their future needs.
|
Determine possible causes of non-achievement of targets
|
|
.
|
|
During the interview:
|
|
|
|
Take a collaborative approach by treating team
|
|
members as colleagues in reviewing the
|
|
performance;
|
|
|
|
Avoid making judgemental comments or giving opinions.
|
|
|
|
Ask questions of the Team to elicit the
|
|
information about performance; and
|
|
|
|
Let the Team (as far as possible), draw the
|
|
conclusions based on the information available.
|
|
|
|
Seek agreement for overall assessment of
|
|
performance - take a co-operative approach.
|
|
|
|
Base assessment on agreed targets and indicators- focus on
the facts not the people.
|
|
|
|
If the Team thinks that the assessment of any
|
|
performance target is not fair, the Reporting
|
|
Officer should:
|
|
|
|
- Listen to
the complaint and recognise
|
|
both
emotional and logical content;
|
|
- Respond
in an understanding manner
|
|
and try
to avoid defensiveness by either party;
and
|
|
|
|
- Decide to
modify or retain the original
|
|
decision.
|
|
|
|
At meetings with individual team members:
|
|
|
|
- Determine
value of completed staff
|
|
development
activities
|
|
|
|
- Identify
future staff career development
|
|
activities.
|
|
|
|
Record on form the extent of achievement of
|
|
targets.
|
5. STAGE FOUR
5.1 IDENTIFY AND INITIATE APPROPRIATE ACTION
In completing the form and evaluating performance, a
recommendation must be made as to the action that should be taken with regard
to any development activities.
5.2 DISCUSSION OF THE REPORT
After reports are written, Reporting Officers must
discuss these with the team. The Reporting Officer should focus discussion on
Part 3 of the form and particularly on `the overall assessment of performance'
section.
Space is also provided on the form for the team to
comment on the assessment of performance. Team members are to be encouraged to
complete this section.
If any disagreements arise regarding the written
assessment, the reporting officer must try to gain more information. If,
following discussion, the disagreement persists, the team member/s must
indicate this in the appropriate space provided on the form for his or her
comment.
If a grievance persists, it is to be dealt with via the
Grievance Handling Procedures in the Enterprise Agreement. Grievance procedures are addressed in the
next section under `Administration'.
In all instances parties should sign the original, and
a photocopy of the report must by given to all members of the team.
SUMMARY OF ROLES AND RESPONSIBILITIES
4. Identify and
Initiate Appropriate Action
Team Members
|
Reporting Officer
|
Consider Reporting Officers' written assessment of overall
performance.
Contribute written team comments on assessment.
|
Prepare written evaluation of team's performance including
assessment of individual staff development activities.
Discuss written report with team.
Discuss staff development activities with individuals.
Encourage team members to contribute written comments on
the form.
If previous disagreement persists utilise Grievance
Handling Procedures
If all agree on assessment ensure all parties sign the
original.
Distribute copies.
Ensure safe storage of reports during review period.
At end of review period, forward reports to Human
Resources.
|
6. ADMINISTRATION
6.1 PERFORMANCE PLANNING AND REVIEW TRAINING
A training program to introduce employees to the
Waterways Performance Management System is available. This training program provides the opportunity to discuss the
range of issues relating to the System, including the development of
Performance Agreements and the conduct of formal and informal reviews.
6.2 WHEN IS THE AGREEMENT COMPLETED?
6.2.1 Initial Introduction Of System
Following the formal introduction of the system (and
the training of all managers, supervisors and staff), managers &
supervisors should ensure that a Performance Agreement has been established
within six weeks for all staff for whom they have direct responsibility.
6.2.2 New Employee
A new employee will be provided with sufficient
training to enable a thorough understanding of the Performance Management
System, its objectives & goals, within one month of commencement.
Managers/supervisors must then ensure that the employee is included in a team
Performance Agreement within six weeks of the employee taking up duty.
6.2.3 Established Job Occupant
The performance management process is continuous with
each Agreement targeted for completion on the anniversary of the team entering
into an Agreement.
6.2.4 Where a team member moves to another position
When an individual moves to a new position in the
organisation, he/she becomes a party to the Agreement operating in that
team. Stage One interviews should be
held with the new Reporting Officer and other members of new team to establish
the contribution that new member can make for remainder of the review period.
6.2.5 How to Deal with Different Reporting Officers During the
Agreement Period
Before leaving a position, the outgoing Reporting
Officer must provide the incoming Reporting Officer with an interim report on
each team in terms of how they are performing in relation to the standard
agreed to in each work activity. The
incoming Reporting Officer can use these reports plus his/her own observations
to complete composite reviews.
6.3 STORAGE OF REPORTS
Reporting Officers have the responsibility for the safe
storage of Performance Agreements during the review period. At the end of the
review period, the completed documents are to be forwarded to the appropriate
Human Resources area, for extraction of training and development information,
and retention in the Branch for three years.
After that time, the form will be placed on the personal file of all
team members.
6.4 ACCESS TO REPORTS
The reports under this scheme may not be requested by
selection committees during a section interview, nor can they be examined after
interviews in order to assist in decision making. Staff can however, if they do desire, bring copies of the report
to assist in their claims for positions.
Performance reports should be available only to the
team members and the reporting officer, although direct line managers of
greater seniority than the reporting officer and the Chief Executive have
access when appropriate. Any other
person seeking copies of the reports are subject to Freedom of Information
requirements and limitations (ie. the person involved will need to give their
consent to another person wishing to sight the document).
6.5 GRIEVANCES
If any disagreement arises regarding the written
assessment, the Reporting Officer must try to gain more information through
further discussion. However if,
following discussion the disagreement still persists, the team member must
indicate this in the space for employee's comments.
6.6 GRIEVANCE MECHANISM
A grievance mechanism is contained in the Enterprise
Agreement. It should be used to address
grievances and should operate where an employee considers that he/she has been
treated unfairly or has been disadvantaged as a result of the performance
review.
6.7 CONFIDENTIALITY
The process of reviewing Performance Agreements is
entirely confidential. This
confidentiality applies to storage and transmission of documents, and to
discussing any recommendations pertaining to a team or an individual's performance. Any breach of confidentiality in this
process may constitute a breach of discipline.
PERFORMANCE AGREEMENT
TEAM NAME:
TEAM MEMBERS:
BRANCH:
WORK GROUP FUNCTION:
AGREEMENT PERIOD:
FROM: / / TO: /
/
REPORTING OFFICER'S NAME:
REPORTING OFFICER'S POSITION:
Part 1 - Performance Agreement
Key Performance Area:
Corporate Objective:
Strategy:
Team Objective
|
Performance Targets & Indicators
|
No.
|
No.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
If space is insufficient, additional sheets may be attached
PART 2: PROGRESS REVIEW
Team On-going Support Record Sheet
TEAM:
DATE:
REPORTING OFFICER:
|
Progress being made towards Performance Targets
PROGRESS TO DATE:
|
PROBLEMS/DIFFICULTIES EXPERIENCED:
|
FOLLOW UP ACTION (INDICATE IF BY REPORTING OFFICER OR
REVIEWEE)
|
TEAM COMMENTS:
|
Agreed Changes to Performance Targets & Indicators
Signatures,
Team Members
|
|
|
Signature,
Reporting Officer
|
|
Date
|
Part 3: Results at the end of
the Agreement Period
PERFORMANCE TARGETS ATTAINED ABOVE AGREED LEVELS:
|
PERFORMANCE TARGETS ATTAINED AT AGREED LEVELS:
|
PERFORMANCE TARGETS NOT ATTAINED AT AGREED LEVELS:
|
OVERALL ASSESSMENT OF PERFORMANCE:
|
Team Members' Comments
Signatures, Team
Members
|
|
|
Signature,
Reporting Officer
|
|
Date
|
Original to be retained by Reporting Officer; Team members
to be given a copy. The Reporting
Officer is responsible for forwarding completed documents to the Human
Resources Branch for retention.
Branch Head's Comments and/or Approval
_____________________________________________________
|
|
|
Signature,
Branch Head
|
|
Date
|
Part 4: Individual Training
Plan
To be formulated at start of Review Period
NAME:
|
|
STAFF DEVELOPMENT
|
Staff development activities/opportunities to support the
Performance targets and indicators (List job related knowledge, skills and
experience for which training and development is sought).
|
CAREER DEVELOPMENT
|
Career Development activities/opportunities (List career
related knowledge, skills and experience for which training and development
is requested).
|
Signed:
|
|
Signed:
|
|
|
|
Team Member
|
|
Reporting Officer
|
|
|
|
|
|
|
Print Name
|
|
Print Name/Position
|
|
|
|
|
|
|
|
|
|
|
NOTE: This form is
to be retained by the Reporting Officer and a copy provided to the Team Member
Part 5: Progress Review
Individual On-going Support Record Sheet
Progress being made with Development Activities
TEAM MEMBER: DATE:
REPORTING OFFICER:
|
STAFF DEVELOPMENT ACTIVITIES SINCE LAST INTERVIEW:
|
ANY FURTHER ACTION REQUIRED?:
|
CAREER DEVELOPMENT ACTIVITIES:
|
ANY FURTHER ACTION REQUIRED?
|
|
|
|
Team Member's Signature
|
|
Reporting Officer's Signature
|
Part 6: Assessment of
Individual Training Plan
To be undertaken at end of Review Period
FURTHER ACTION TO BE TAKEN FOR STAFF DEVELOPMENT:
|
FURTHER ACTION TO BE TAKEN FOR CAREER DEVELOPMENT:
|
REPORTING OFFICER'S RECOMMENDATIONS:
|
TEAM MEMBER'S
COMMENTS
|
|
|
|
|
|
|
Signature, Team Member
|
|
Signature, Reporting Officer
|
|
Date
|
|
|
|
|
|
|
|
|
|
|
|
Original to be retained by Reporting Officer; Team member to
be given a copy. The Reporting Officer
is responsible for forwarding completed documents to the Human Resources Branch
for retention.
Branch Head's Comments and/or
Approval__________________________________
____________
|
|
Date
|
Signature, Branch Head
|
|
Date
|
APPENDIX 5
SALARY CLASSIFICATIONS
Rates of pay as at 22 February 1999 (*)
Level
|
Salary
|
Job Title
|
W/O 1
|
$26,047
|
|
W/O 2
|
$28,501
|
|
W/O 3
|
33,090
|
Messenger
Customer Service Officer (Entry Level)
|
W/O 4
|
$34,652
|
Licence Tester
|
W/O 5
|
$37,258
|
Administration Officer
Operations Assistant
Records/Administration Officer
PABX Operator/Administration Officer
Customer Service Officer
Harbour Cleaner
Bus Driver
Boating Service Officer (Entry Level)
|
W/O 6
|
$39,015
|
Administration Officer Capital Works
Assets & Maintenance Officer
Help Desk Operator
Litigation Clerk
|
W/O 7
|
$41,945
|
Executive Assistant
Communications Officer
Survey Assistant
Property Accounting Officer
Supply officer
Accounts Officer
Budget & Fixed Assets Officer
Junior Naval Architect
Boating Service Officer (Intermediate Level)
|
W/O 8
|
$43,923
|
System Tester
Office Manager
Team Leader Harbour Cleaning
Quality Assurance Officer
|
W/O 9
|
$47,218
|
Research Officer
Drafting Officer
Team Leader Help Desk
Team Leader Client Services
Operations Support Officer
Project officer SAP
Personnel & Payroll Officer
PC/LAN Support Officer
Senior Legal Clerk
Boating Service Officer (Fully Competent Level)
|
W/O 10
|
$49,446
|
Computing Support Officer
Team Leader Customer Service
|
W/O 11
|
$53,157
|
Property Officer
Survey Officer
GIS/Programmer
Assessment Officer
Team Leader Financial Services
OH&S Consultant
Team Leader Quality Assurance
Graphical Systems Development Officer
Project Officer
Senior Drafting Officer
Team Leader Sydney Harbour (Operations)
Team Leader Sydney Harbour (Customer Service)
Boating Service Officer (Remote Stations and additional
responsibilities)
|
W/O 12
|
$55,661
|
Executive Officer
Employee Development Research Officer
Litigation Solicitor Support
Senior Systems Analyst
|
W/O 13
|
$59,835
|
Operations Support Planning Officer
Manager Special Aquatic Events
Policy Officer
Manager Harbour Cleaning
Marine Certification Officer
Commercial Property Officer
Team Leader Data Services
Team Leader PC/LAN Support
Systems Operations Manager
Property & Projects Officer
Accountant
Operations Manager Botany Bay/Port Hacking
Manager Client Services
Research & Quality Officer
Systems Administrator
|
W/O 14
|
$62,650
|
Media Officer
Management Accountant
Manager Systems Support
Senior Marine Investigator
Vessel Surveyor
Naval Architect
|
W/O 15
|
$67,347
|
Property Manager
Graphical Systems Officer
Building Manager Architect
WADAMP Project Manager
Manager Employee Development
Manager Special Projects Service Delivery
|
W/O 16
|
$70,695
|
Corporate Planner
Communication & Education Manager
Manager Planning & Projects
Survey Manager
Asset Engineer
Senior Assessments Engineer
Regional Manager (Murray River, South Coast,
Hunter/Inland,
North Coast,
Hawkesbury River/Broken Bay)
Senior Naval Architect
|
W/O 17
|
$75,516
|
Manager 2000 Olympic Games
Principal Policy Officer
Manager Asset Services
Manager Human Resources
Manager Information Management & Technology
Manager Legal Services
Manager Property Services
Regional Manager (Sydney)
Manager Vessel Survey
|
W/O 18
|
$78,695
|
Manager Finance & Corporate Services
|
* The rates in this table are those applicable as at the
approval of the Award and are subject to variations as per Clause 10 of the
Award.
T. M. KAVANAGH J.
____________________
Printed by the authority of the Industrial Registrar.