Crown
Employees (NSW Department of Trade and Investment, Regional Infrastructure and
Services) Regulatory Officers Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 240 of 2012)
|
Before The Honourable
Mr Justice Staff
|
4 April 2012
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Saving of
Rights
5. Progression
Criteria
6. Hours of
Work
7. Allowances
8. Penalty
Payments for Shift Work and Weekend Work
9. Overtime
10. Relieving
Duties at Stock Inspection Crossings
11. Job
Evaluation
12. Grievance
and Dispute Settling Procedures
13. Anti-Discrimination
14. Deduction
of Union Membership Fees
15. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
PART A
1. Title
This Award shall be known as the Crown Employees (NSW
Department of Trade and Investment, Regional Infrastructure and Services)
Regulatory Officers Award.
2. Definitions
(i) "Act"
means the Public Sector Employment and Management Act 2002.
(ii) "AQIS"
refers to the Australian Quarantine Inspection Service.
(iii) "Association/Union"
means the Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales.
(iv) "Department"
means the NSW Department of Trade and Investment, Regional Infrastructure and
Services, as specified in Schedule 1 of the Public Sector Employment and
Management Act 2002.
(v) "Department
Head" means the Director General, Department of Trade and Investment,
Regional Infrastructure and Services, as specified in Schedule 1 of the Public
Sector Employment and Management Act 2002.
(vi) "Director
General" means the Director General, Department of Premier and Cabinet, as
established under the Public Sector Employment and Management Act 2002.
(vii) "Job
Evaluation" means an agreed methodology within the NSW Public Sector to
grade positions under this Award.
(viii) "Member of
Staff" for the purposes of this Award, means a person employed as an
officer on probation, or officer, employed in any capacity under the provisions
of Part 2.3 of the Act, or a temporary employee employed under Part 2.4 of the
Act, who are classified under this Award, and employed in either a part-time or
full-time capacity, or a casual employee employed under Part 2.6 of the Act and
who is classified under this Award.
(ix) "Normal
Work" as referred to in clause 12, Grievance and Dispute Settling
Procedures, is defined as the duties and responsibilities to the statement of
duties, or position description, of a member, or members, of staff, at the time
of a grievance, dispute or difficulty.
(x) "Position"
means a position as dealt with in Section 9 of the Public Sector Employment
and Management Act 2002.
(xi) "Public
Service" means the Public Service of New South Wales as defined in the Public
Sector Employment and Management Act 2002.
(xii) "Regulation"
means the Public Sector Employment and Management Regulation 2009.
(xiii) "Regulatory
Officer" means and includes all members of staff permanently, temporarily
or casually employed under the provisions of the Act, who at or after the date
this Award occupied a position of, and were classified as a Regulatory Officer
under this Award.
(xiv) "Regulatory
Officer Grade 1" means a member of staff whose duties are of single or
dual function/discipline in nature and the position is designated as such by
job evaluation.
(xv) "Regulatory
Officer Grade 2" means a member of staff whose duties are of multi
functional or multi disciplinary, and may include the supervision of more than
one Grade 1 Regulatory Officer in a field operation and is a position
designated as such by job evaluation.
(xvi) "Regulatory
Officer Grade 3" means a member of staff who has a multi functional or
multi disciplinary roles including the preparation of legal briefs for
prosecutions, and/or assistance with the supervision of a section of an operation
and is a position designated as such by job evaluation.
(xvii) "Regulatory
Officer Grade 4" means a member of staff who performs the role of a Grade
4 Regulatory Officer whilst being designated as a functional or disciplinary
specialist, or supervises a particular section of an operation and is a
position designated as such by job evaluation.
(xviii) "Regulatory
Officer Grade 5" means a member of staff whose role includes management of
teams or staff over a geographic area or operational unit and is a position
designated as such by job evaluation.
(xix) "Regulatory
Officer Grade 6" means a member of staff whose responsibility is State or
Program based and is a position designated as such by job evaluation.
(xx) "Regulatory
Officer Grade 7" single graded management or specialised position
designated as such by job evaluation.
(xxi) "Regulatory
Officer Grade 8" single graded management or specialised position
designated as such by job evaluation.
(xxii) "Salary
Rates" means the ordinary time rate of pay for the member of staff’s
grading, excluding shift allowances, weekend penalties, and all other
allowances not regarded as salary.
(xxiii) "Service"
means continuous service for salary purposes.
3. Salaries
The following rates of salary shall be paid to members
of staff appointed to the positions specified:
(A) Full-time -
Salaries shall be as set out in Table 1 Rates of Pay, of Part B, Monetary
Rates.
(B) Part-time Hourly
Rate Formula - for staff other than those involved in Stock Inspection:
|
Annual Salary
|
x
|
1
|
=
|
1 hour’s pay
|
|
52.17857143
|
|
35
|
|
|
(C) Part-time Hourly
Rate Formula - for staff involved in Stock Inspection:
|
Annual Salary
|
x
|
1
|
=
|
1 hour’s pay
|
|
52.17857143
|
|
38
|
|
|
4. Saving of Rights
At the time of making of this Award, no member of staff
covered by this Award will suffer a reduction in their rate of pay or any loss
or diminution in his or her conditions of employment as a consequence of the
making of this Award.
5. Progression Criteria
(1) A Regulatory
member of staff who has been in receipt of the 1st Year of Grade 3 for a
minimum twelve months shall be eligible for progression to Grade 3, Year 2
subject to the successful completion of the following modules within the
officer’s discipline;
Agricultural
Regulatory Officers’ Training Program
|
Modules Required
for Staff in the
|
Modules Required in
the Cattle
|
|
Health Regulation
Program
|
Tick Control
Program
|
|
1. Organisation, structure, function and policy in the
|
1. Organisation, structure, function and policy in
|
|
public service.
|
the public service.
|
|
2. The general role of a Regulatory Officer.
|
2. The general role of a Regulatory Officer.
|
|
3. Office systems and practice.
|
3. Office systems and practice.
|
|
4. Communication and interpersonal skills.
|
4. Communication and interpersonal skills.
|
|
5. Client Services.
|
5. Client Services.
|
|
6. Occupational health and safety.
|
6. Occupational health and safety.
|
|
7. Legislation - Principles.
|
7. Legislation - Principles.
|
|
8. Legislation - Practices.
|
8. Legislation - Practices.
|
|
9. Compliance - Principles.
|
9. Compliance - Principles.
|
|
10. Compliance - Practices.
|
10. Compliance - Practices.
|
|
11. Chemical application.
|
11. Chemical application.
|
|
12. Quality assurance.
|
12. Quality assurance.
|
|
13. Livestock industries, husbandry and handling
|
13. Livestock industries, husbandry and handling
|
|
(sheep and cattle).
|
(sheep and cattle).
|
|
14. Endemic animal diseases and residues.
|
14. Endemic animal diseases and residues.
|
|
15. Elective (any other discrete topic of study
|
15. Elective (any other discrete topic of study
|
|
approved by the Program Leader, Human Resources
|
approved by the Program Leader, Human
|
|
or Program Manager, Quality Assurance.
|
Resources or Program Manager, Quality Assurance.
|
|
HR16. Apiary regulation.
|
CTC16. Cattle ticks, other tick species and their
|
|
|
identification.
|
|
HR17. Introduction to the control of fruit fly.
|
CTC17. Cattle tick control and border surveillance.
|
|
HR18. Fresh fruit and vegetable inspection.
|
CTC18. Interstate health requirements.
|
|
HR19. Plant health certification and quarantine.
|
CTC19. Management training.
|
|
20. Elective (any other discrete topic of study
|
20. Elective (any other discrete topic of study
|
|
approved by the Program Leader, Human Resources
|
approved by the Program Leader, Human
|
|
or Program Manager, Quality Assurance.
|
Resources or Program Manager, Quality Assurance
|
6. Hours of Work
(a) Regulatory
Officers other than those involved in Stock Inspection -
(i) Members of staff,
at departmental convenience, will work rostered or flexible hours of duty.
(ii) The ordinary
working hours for Regulatory Officers, who are engaged on rostered hours will
be 35 hours per week, 7 hours per day, Monday to Friday inclusive, between the
spread of hours 6.00 am to 6.00 pm.
Rosters once set shall not be altered except with 7 days notice or by
mutual agreement between the parties or in the event of an emergency.
(iii) The spread of
hours of work for members of staff working part-time will be the same as those
prescribed for full-time members of staff performing similar duties of the same
classification and grading.
(iv) Members of staff
can not be required to work more than 5 hours in one continuous period without
an unpaid meal break of at least 30 minutes.
(v) Part-time
members of staff shall have set hours which shall include the days of the week,
the quantum of hours and the starting and finishing times to be worked within
the spread of hours. The hours shall not be changed unless 7 days notice is
given or by mutual agreement between the Department and the member of staff, or
in the event of an emergency.
(b) Regulatory
Officers - Stock Inspection
(i) Except as
provided in paragraph (ii) of this subclause the ordinary hours of work of a
Regulatory Officer involved in Stock Inspection shall not exceed seventy-six
hours per fortnight to be worked in each instance from Monday to Friday,
inclusive.
(ii) The ordinary
hours of a Regulatory Officer involved in Stock Inspection located at a
crossing shall not exceed seventy-six hours per fortnight to be worked in not
more than any ten days of the fortnightly period.
Provided that:
(a) The number of
ordinary hours to be credited as hours actually worked by a Regulatory Officer
involved in Stock Inspection in receipt of the 15% allowance prescribed in
subclause (i) of clause 7, Allowances, while working at a one, two or
four-person crossing is to be determined in accordance with the following
table:
|
(A)
|
(B)
|
|
No. of Hours Credited for
|
No. of Hours Credited for
|
|
Each 24 Hours At a
|
Each 24 Hours At a
|
|
One-Person Crossing
|
Two-Person Crossing
|
|
8 hours
|
16 hours
|
The hours to be credited for a Regulatory Officer involved
in Stock Inspection working on a four-person crossing shall be on the basis of
one hour's credit for one hour actually worked.
(b) The balance of
hours between time required to be spent at one and two-person crossings for
each twenty-four hours and hours to be credited as actually worked in
accordance with the above formula is stand-by time, and is compensated by the
allowance prescribed in subclause (i) of clause 7, Allowances.
(c) Where the number
of ordinary hours required at a one or two-person crossing is less than
twenty-four hours, the number of ordinary hours to be credited as hours
actually worked by a Regulatory Officer involved in Stock Inspection shall be
proportionate to the respective formulae contained in this subclause.
(d) Regulatory
Officers - 38 hours per week - Animal Health Inspection
(i) Members of
staff employed in the classification of Animal Health Inspection, at
departmental convenience, will work rostered or flexible hours of duty.
(ii) The ordinary working
hours for Regulatory Officers employed in the classification of Animal Health
Inspection, who are engaged on rostered hours, will be 38 hours per week,
Monday to Friday inclusive, between the spread of hours 6.00 am to 6.00 pm.
(iii) The spread of
hours of work for members of staff working part-time will be the same as those
prescribed for full-time members of staff performing similar duties of the same
classification and grading.
(iv) Members of
staff cannot be required to work more than 5 hours in one continuous period
without an unpaid meal break of at least 30 minutes.
(v) Part-time
members of staff shall have set hours which shall include the days of the week,
the quantum of hours and the starting and finishing times to be worked within the spread of hours. The hours shall not be changed unless 7 days
notice is given or by mutual agreement between the Department and the member of
staff, or in the event of an emergency.
7. Allowances
(i) Any Regulatory
Officer involved in Stock Inspection who is rostered for duty over seven (7)
days of the week and whose hours are prescribed by paragraph (ii) of subclause
(b) of clause 6, Hours of Work, shall also be paid an allowance equivalent to
15 per cent of salary for all incidents associated with shift work, stand-by
time, work carried out during stand-by time and weekend duty. That allowance is to be deemed as salary for
all purposes except in respect of the following:
(a) Calculation of
overtime rates in accordance with clause 9, Overtime; and
(b) Payment of an
annual leave loading.
(ii) A Regulatory
Officer involved in stock inspection on a one-person crossing who is required
to provide relief and whose hours of duty are as prescribed in paragraph 2 of
subclause (b) of clause 6, Hours of Work, shall be paid a relief allowance per
annum as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B -
Monetary Rates. That allowance is for
relief provided at the crossing whilst the officer is on patrol. The allowance in respect of a crossing shall
be the amount per annum as set out in Item 2 of the said Table 2. That
allowance relates to after hours telephone use by the officer and/or spouse.
These allowances will be adjusted in accordance with
any variations applied commensurate with this Award.
(iii) A Regulatory
Officer who is required by the Department to provide forage and equipment to
fulfil their duties shall be paid an allowance at the rates and conditions as
determined by the Director General.
(iv) A Regulatory
Officer who is required to tow their own registered horse float on official
business, whether by Departmental vehicle or by their private vehicle, shall be
paid an allowance as determined by the Director General..
8. Penalty Payments
for Shift Work and Weekend Work
In addition to the salary rates prescribed by this
award, officers authorised by the Department to perform work on a shift basis
and/or weekends and public holidays shall be paid for all time other than
overtime worked at the following prescribed penalty:
(i)
(a) On afternoon
shift, commencing at or after 10am and before 1pm at the rate of 10 per cent
extra.
(b) On afternoon
shift, commencing at or after 1pm and before 4pm at the rate of 12½ per cent
extra.
(c) On night shift,
commencing at or after 4pm and before 4am at the rate of 15 per cent extra.
(d) Early morning
shift, commencing at or after 4am and before 6am at the rate of 10 per cent
extra.
(ii)
(a) Between midnight
Friday and midnight Saturday at the rate of half time extra.
(b) Between midnight
Saturday and midnight Sunday at the rate of three-quarter time extra; provided
that the weekend rates in this subclause shall be substitution for and not
cumulative upon the shift premiums prescribed in subclause (i) of this clause.
(iii) Between midnight
to the following midnight on a public holiday - at the rate of time and
one-half extra in substitution for and not cumulative upon the shift premiums
prescribed in subclauses (i) and (ii) of this clause.
9. Overtime
(i) A staff member
may be directed by the Department Head to work overtime, provided it is
reasonable for the staff member to be required to do so. A staff member may refuse to work overtime
in circumstances where the working of such overtime would result in the staff
member working unreasonable hours. In
determining what is unreasonable, the following factors shall be taken into
account:
(a) the staff
member's prior commitments outside the workplace, particularly the staff
members family and carer responsibilities, community obligations or study
arrangements;
(b) any risk to
staff member health and safety;
(c) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(d) the notice (if
any) given by the Department Head regarding the working of the overtime, and by
the staff member of their intention to refuse overtime; or
(e) any other
relevant matter.
(ii) Except for
Regulatory Officers who work a 38 hour week, overtime conditions for all other
regulatory staff will be in accordance with the conditions laid down in the
Crown Employees (Public Service Conditions of Employment) Award 2009 as varied
or replaced..
(iii) When members
of staff who are working part-time are required to work longer on any day than
their usual part-time hours, payment shall be as follows:-
(a) for the time in
excess of the person’s usual hours and up to the normal full time hours for the
classification, payment shall be at the ordinary hourly rate plus a loading of
4/48ths in lieu of recreation leave.
(b) for the time
worked beyond the full time starting and finishing times for the
classification, payment shall be in accordance with the Crown Employees (Public
Service Conditions of Employment) Award 2009 as varied or replaced..
(iv) Except in
respect of Regulatory officers involved in Stock Inspection, a Regulatory
Officer shall be entitled to make a claim on the Department for non-directed
out of hours work where it can be shown that the performance of this work was
in accordance with the efficient and effective performance of official duties.
Non-directed out of hours work can only be claimed on an hour for hour basis
for work performed outside the officer’s spread of ordinary hours (8.30 am - 4.30
pm Monday - Friday). A maximum of leave
in lieu of 10 hours per month can be claimed for work performed by a Regulatory
Officer at his/her office.
(v) The following
overtime conditions apply to Regulatory Officers who work a 38 hour week:
Except for 0.4 of an hour for each day worked which
contributes towards one paid rostered day off in each twenty working day cycle,
any time directed to be worked by a Regulatory Officer involved in Stock
Inspection.
(a) In excess of
seventy-six rostered hours per fortnight, Monday to Friday, or on Saturday
shall be overtime and paid for at the rate of time and a half for the first two
hours and double time thereafter.
(b) In excess of 76
rostered hours per fortnight by a Regulatory Officer involved in Stock Inspection
on a Sunday shall be overtime and paid for at the rate of double time.
(c) Where the excess
of fortnightly hours is due to hours credited pursuant to clause 10, Relieving
Duties at Stock Inspection Crossings, of this Award, in respect of relief of Regulatory
Officers involved in Stock Inspection at a one, two or four-person crossing on
a Saturday, Sunday or Public Holiday, hours so credited shall be paid for at
ordinary rates.
(d) Except where the
time is worked by arrangement with another officer and with the concurrence of
the supervisor -
(i) any time
directed to be worked by a Regulatory Officer involved in stock inspection on a
rostered day off, Monday to Saturday, inclusive, shall be overtime and paid for
at the rate of time and a half for the first two hours and double time
thereafter;
(ii) any time
directed to be worked by a Regulatory Officer involved in stock inspection on a
rostered day off which falls on a Sunday shall be overtime and paid for at the
rate of double time.
(iii) any time
directed to be worked by a Regulatory Officer involved in stock inspection on a
rostered day off which falls on a Public Holiday shall be overtime and paid for
at the rate of double time and a half.
(e) Except as provided
in paragraph (d) of this subclause, any time directed to be worked by a
Regulatory Officer involved in stock inspection on a public holiday in excess
of the officers rostered seventy-six hours per fortnight, shall be overtime and
paid for at the rate of double time and a half.
(f) Except as
provided for in subclause (a) of clause 10, Relieving Duties At Stock
Inspection Crossings, of this Award, an officer may elect to be granted time
off rather than claim payment for overtime directed to be worked. Leave in lieu of payment shall be taken at
the convenience of the Department and is to be taken within three months of the
date of the election in accordance with the following:
(a) One days leave
in lieu of time worked for three or more hours;
(b) Half a days
leave in lieu of time worked up to three hours.
(g) An officer who
works overtime on a Saturday, Sunday or Public Holiday shall be paid a minimum
payment as for three hours’ work at the appropriate rate prescribed by this
Award.
(h) An officer who
works so much overtime -
between the termination of his/her ordinary work day or
shift, and the commencement of their ordinary work in the next day or shift,
that the officer has not had at least eight consecutive hours off duty between
these times, shall, subject to this subclause, be released after completion of
such overtime until the officer has had eight hours off duty without loss of
pay for ordinary working time occurring during such absence and be credited for
such time.
Provided that if, on the instructions of the
supervisor, such an officer resumes or continues, to work without having had
eight (8) consecutive hours off duty, the officer shall be paid at overtime
rates until released from duty for such period and shall then be entitled to be
absent until the officer has had eight (8) consecutive hours off duty without
loss of pay for ordinary working time occurring during such absence.
10. Relieving Duties
at Stock Inspection Crossings
Where a Regulatory Officer involved in Stock
Inspection, not in receipt of the 15% allowance prescribed in subclause (i) of
clause 7, Allowances, is required to relieve another Regulatory Officer on a
one, two, or four-person crossing, the periods of relieving duty performed by
him/her shall be credited as part of the ordinary hours worked by him/her or in
accordance with the following:
|
(A)
|
(B)
|
(C)
|
(D)
|
|
|
No. of Hours
Credited
|
No. of Hours
Credited
|
No. of Hours
Credited
|
|
|
for each 24 Hour
Shift at
|
for Each 24 Hour
Shift at
|
for each 8-Hour Shift
on
|
|
Period of Duty
|
One-person Crossing
|
Two- person
Crossing
|
a Four- person
Crossing
|
|
Each 24 Hour Day
|
8
|
16
|
8
|
|
from Midnight
|
|
|
|
|
Sunday to Midnight
|
|
|
|
|
Friday
|
|
|
|
|
Saturday (24 Hours)
|
15
|
30
|
Overtime as per
|
|
|
|
|
Clause 10
|
|
Sunday (24 Hours)
|
16
|
32
|
Overtime as per
|
|
|
|
|
Clause 10
|
|
Public Holidays
|
20
|
40
|
Overtime as per
|
|
(24 Hours)
|
|
|
Clause 10
|
Where the period of relief is respectively less than twenty-four
hours, the number of ordinary hours to be credited as hours actually worked by
a Regulatory Officer involved in Stock Inspection shall be proportionate to the
respective formulae contained in this clause.
Provided that, except in respect of overtime payments,
and where a Regulatory Officer involved in stock inspection whose hours of duty
are as prescribed in paragraph (i) of subclause (b) of clause 6, Hours of Work,
and who is required to relieve another Regulatory Officer involved in stock inspection
at a one or two-person crossing for a minimum period of eight hours, shall be
credited with a minimum of eight hours duty for that shift.
Provided that -
(a) Where a
Regulatory Officer involved in Stock Inspection is required to relieve on
Saturday, Sunday or Public Holiday, the officer may elect to take time in lieu
for all or part of the time credited as part of the ordinary hours worked on an
hour-for-hour basis, up to a maximum of eight hours.
(b) A Regulatory
Officer involved in Stock Inspection who is required to relieve a Regulatory
Officer as per this paragraph and who is not in receipt of the entitlements
prescribed by subclause (i) of clause 7, Allowances and clause 87.7 and 87.8,
Shift Work of the Crown Employees (Public Service Conditions of Employment)
Award 2009 as varied or replaced shall be paid the monetary equivalent of a
proportionate amount of the allowance and leave respectively specified in
subclause (i) of clause 7 and subclause 88(g) or 88(h), calculated on the hours
worked.
11. Job Evaluation
(i) Positions
classified as Regulatory Officers shall be graded in accordance with the
accredited Job Evaluation methodology agreed by the Department, Director
General and Association.
(ii) The grading of
Regulatory Officers positions shall be carried out in consultation between the
Department and the Association using the Department’s Joint Consultative
Committee. This Committee shall be the forum for negotiation and consultation
on the operation of the Department’s Job Evaluation methodology during the
operation of this award.
(iii) Positions will
be evaluated and graded from time to time in the following circumstances:
(a) where the nature
of a position is significantly changed, or a new position is created;
(b) where a position
falls vacant, the Department can determine whether it is necessary to evaluate
and grade the position prior to advertising the vacancy;
(c) at the request
of any party to this Award provided that the position occupied by the member of
staff has not been evaluated and graded for a minimum of twelve (12) months.
Where a member of staff’s position is evaluated as
falling within a lower or higher grading than that to which the member of staff
is presently appointed, then the Department:
(A) will examine the
feasibility of initiating work redesign changes to the position in order to
seek to justify the position’s salary range at its existing grading level, or;
(B) adhere to
existing statutory and related Public Service policies on filling regraded
positions if initiating action under paragraph (A) of this subclause is
determined to be inconsistent with maintaining Department efficiency, or
otherwise impracticable.
12. Grievance and
Dispute Settling Procedures
(i) All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
Department, if required.
(ii) A member of
staff is required to notify in writing their immediate manager, as to the
substance of the grievance, dispute or difficulty, request a meeting to discuss
the matter, and if possible, state the remedy sought.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act, 1977) that makes it impractical for the member of staff
to advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Department
Head or delegate.
(iv) The immediate
manager, or other appropriate officer, shall convene a meeting in order to resolve
the grievance, dispute or difficulty within two (2) working days, or as soon as
practicable, of the matter being brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the member of staff may request
to meet the appropriate person at the next level of management in order to
resolve the matter. This manager shall respond within two (2) working days, or
as soon as practicable. The member of staff may pursue the sequence of
reference to successive levels of management until the matter is referred to
the Department Head.
(vi) The Department
Head may refer the matter to the Director General for consideration.
(vii) If the matter
remains unresolved, the Department Head shall provide a written response to the
member of staff and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
(viii) A member of
staff, at any stage, may request to be represented by the Association.
(ix) The member of
staff or the Association on their behalf, or the Department Head may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
(x) The member of
staff, Association, Department and Director General shall agree to be bound by
any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any member of staff or
member of the public.
13.
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 of the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
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 or Federal
jurisdiction.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
14. Deduction of
Union Membership Fees
(i) The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
(ii) The union
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
(iii) Subject to (i)
and (ii) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
(iv) Monies so
deducted from employee's pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
15. Area, Incidence
and Duration
The members of staff regulated by this award shall be
entitled to the conditions of employment as set out in this award and, except
where specifically varied by this award, existing conditions are provided for
under the Public Sector Employment and Management Act 2002, the Public
Sector Employment and Management Regulation 2009, Crown Employees (Public
Service Conditions of Employment) Award
2009 and the Crown Employees (Public Sector - Salaries 2008) Award or any awards replacing these
awards.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 4 April 2012.
Changes made to this award subsequent to it first being
published on 9 November 2007 (364 I.G. 316) have been incorporated into this
award as part of the review.
The award remains in force until varied or rescinded,
the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Effective
from the beginning of the first pay period to commence on or after 1.07.2011
The rates of salary shall be paid to members of staff appointed
to the positions specified.
(A) Full Time
|
Regulatory Officer
|
|
Annual Salary
|
SP
|
|
|
|
$
|
|
|
Grade 1
|
Year 1
|
45,896
|
29
|
|
|
Year 2
|
47,490
|
33
|
|
|
Year 3
|
49,282
|
37
|
|
|
|
|
|
|
Grade 2
|
Year 1
|
51,590
|
42
|
|
|
Year 2
|
55,509
|
50
|
|
|
Year 3
|
58,604
|
56
|
|
|
|
|
|
|
Grade 3
|
Year 1
|
62,085
|
62
|
|
|
Year 2
|
67,267
|
70
|
|
|
Year 3
|
69,777
|
74
|
|
|
|
|
|
|
Grade 4
|
Year 1
|
72,702
|
78
|
|
|
Year 2
|
74,745
|
81
|
|
|
|
|
|
|
Grade 5
|
Year 1
|
77,767
|
85
|
|
|
Year 2
|
80,096
|
88
|
|
|
|
|
|
|
Grade 6
|
Year 1
|
85,928
|
95
|
|
|
Year 2
|
88,660
|
98
|
|
|
|
|
|
|
Grade 7
|
Year 1
|
90,426
|
100
|
|
|
Year 2
|
93,026
|
103
|
|
|
|
|
|
|
Grade 8
|
Year 1
|
96,742
|
107
|
|
|
Year 2
|
99,640
|
110
|
|
|
Year 3
|
102,572
|
113
|
(B) Part-Time Hourly
Rate Formulae - for staff other than those involved in Stock Inspection.
|
Annual Salary
|
x
|
1
|
=
|
1 hours pay
|
|
52.17857143
|
|
35
|
|
|
(C) Part-Time Hourly
Rate Formulae - for Staff involved in Stock Inspection.
|
Annual Salary
|
x
|
1
|
=
|
1 hours pay
|
|
52.17857143
|
|
38
|
|
|
Table 2 - Other Rates and Allowances
Effective from the beginning of the first pay period to
commence on or after 1.07.2011.
|
Item No.
|
Clause No.
|
Brief Description
|
Amount per annum
|
|
|
|
|
$
|
|
1
|
7 (ii)
|
One person crossing relief allowance
|
4,921
|
|
2
|
7 (ii)
|
One person crossing telephone allowance
|
2,431
|
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.