Crown Employees (Department of Environment and Climate Change - Parks and Wildlife Group) Conditions of Employment Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Director of Public Employment.

 

(No. IRC 765 of 2011)

 

 

VARIATION

 

1.        Delete the definition "Department" and "Director General" in clause 3, Definitions, of the award published 8 February 2008 (364 I.G. 867) and insert in lieu thereof the following:

 

"Department" means, from 4 April 2011, the Office of Environment and Heritage within the Department of Premier and Cabinet (which was established following the abolition of the Department of Environment, Climate Change and Water) as a result of the Public Sector (Employment and Management) Departments Order 2011.

 

"Director General" means "Chief Executive of the Office of Environment and Heritage".

 

2.        Delete paragraph 14.2.2 of clause 14, Hours of Work, and insert in lieu thereof the following:

 

14.2.2 Defining Monday to Friday Workers

 

(i)       A Review Committee will be established for each National Parks and Wildlife Service region for the purpose of determining the number, if any, of positions to be reclassified from Seven Day Roster positions to Monday to Friday Day positions in each region based on principles agreed between the parties including operational needs.

 

(ii)       Following the original determination in 14.2.2(i) above, the Review Committees will meet to review that determination within 12 months.

 

(iii)      Subsequent to the review in 14.2.2(ii) above, any further changes will be the subject of consultation between the local delegate and manager based on operational needs.

 

(iv)      New employee(s) will be offered a Monday to Friday Roster position if a vacancy exists in this category as determined in clause 14.2.2 (i) and (iii).

 

(v)      Disputes arising from the process will be dealt with pursuant to clause 42, Industrial Grievance Procedure

 

14.2.3 Conversion from Monday to Friday to Seven Day Roster Worker

 

(i)       The determination of a position being reclassified from Monday to Friday to a Seven Day Roster position will be made by the Department on the basis that:

 

(a)      Where an employee employed in a Monday to Friday position performs work on more than:

 

23 weekend days and/or public holidays (total) annually in the case of employees who receive a 17% loading; or

 

11 weekend days and/or public holiday (total) annually in the case of employees who receive an 8.5% loading,

 

the employee will have the option of choosing to remain a Monday to Friday Day Worker or make a claim to the Department  to have the position converted to a Seven Day Roster Worker position that attracts the loading; or

 

(b)      By agreement between the local manager and delegate, a Monday to Friday Day position is converted to a Seven Day Roster position.

 

(ii)       Nothing in this clause is intended to derogate from the rights of employees’ opt in/opt out rights in clause 14.2.5 below.

 

14.2.4 Seven Day Roster Workers

 

(i)       Seven Day roster worker is the default category of employment for the classifications listed in subclause 14.2.4(ii) except where subclauses 14.2.2 or 14.2.3 apply.

 

(ii)       Seven day roster workers include the following classifications; Rangers, Senior Rangers, Assistant District Managers, Field Officers, Senior Field Officers, Field Supervisors and Senior Field Supervisors.  This list is not exhaustive. Identification of additional positions will be done in consultation with the union.

 

(iii)      This provision will also relate to specifically identified positions where the working of a seven day operation is necessary for the efficient and effective operation of the position. Identification of positions that are to be designated seven day roster workers will be done in consultation with the union.

 

(iv)      Seven Day Roster Worker employees who were employed prior to 30 August 2010 and who receive the relevant loading under the Award will continue to be entitled to the loading until the employee chooses to opt out and their proposal is agreed to by the local manager pursuant to clause 14.2.5.  Current Employees will retain the loading should they transfer or win a promotion to another position as defined in the default employment category.

 

(v)      Ordinary hours for officers specified in subclauses 14.2.4(ii) and 14.2.4 (iii) are to be worked from Monday to Sunday (inclusive) within the bandwidth of 6:00a.m. to 8:00p.m., unless otherwise agreed to between the Department and the officer concerned

 

(vi)      Officers working this pattern of hours are to have at least two consecutive full days off per week, unless otherwise agreed to between the Department and the officer concerned.

 

(vii)     Officers shall not be rostered to work more than two consecutive weekends (i.e. Saturday and Sunday), unless the officer agrees to do so.

 

(viii)    A loading of 17% of annual base salary is payable to Rangers, Field Officers and Senior Field Officers for working up to a maximum of 45 combined weekend days (i.e. Saturdays and Sundays) and 5 Public Holidays and is paid in lieu of all other penalty rates.

 

(ix)      A loading of 8.5% of annual base salary is payable to Senior Rangers, Assistant District Managers, Field Supervisors and Senior Field Supervisors for working up to a maximum of 22 combined weekend days (i.e. Saturdays and Sundays), and 3 Public Holidays and is paid in lieu of all other penalty rates.

 

(x)      If an officer agrees to work more than the maximum specified in subclauses (viii) or (ix) of this clause, no additional payments or day in lieu shall be made.

 

(xi)      Officers referred to in subclauses (viii) or (ix) of this clause who are directed to work more weekend days and public holidays than those prescribed for their position, will be paid penalty rates as follows:

 

Table 3

 

(a)	Saturdays	a 50% loading for each additional day worked
(b)	Sundays	a 75% loading for each additional day worked
(c)	Public Holidays	a 150% loading for each additional day worked

 

(xii)     The loading specified in subclauses (viii) and (ix) of this clause will be paid for the purposes of superannuation and all paid leave, other than where such leave is for a period of over 3 months.

 

14.2.5 Opt Out and Opt In

 

(i)       Where Seven Day Roster employees choose not to be rostered in accordance with Seven Day Roster provisions in the Award and where management can manage the locations concerned without these employees being on the Seven Day Roster, then such employees may opt out of being on a Seven Day Roster subject to:

 

(a)      clause 14.2.2 being satisfied; and

 

(b)      with written approval from the Department.

 

(ii)       Prior to externally advertising a vacant Seven Day Roster position of the same classification that attracts the loading, the position will:

 

In the first instance, be offered to employees from the same Area or Unit that have previously opted out of their entitlement to the loading;

 

If no employees that have previously opted out accept the offer to opt back in, the position will be offered to employees that are Monday to Friday workers in the same Area or Unit as a result of new employment.

 

3.        Renumber the existing paragraph 14.2.3 of clause 14 to read as 14.2.6.

 

4.        Insert after subclause 15.5 of clause 15, Variation of Hours, the following new subclause 15.6.

 

15.6    In respect of Hazard Reduction Burns, there is a period of two months in each calendar year where the daily bandwidth of hours will be 6:00am to 10:00pm for the Award classifications that are covered by the Set Patterns of Hours clause (clause 14.3).  The Regional Manager in consultation with the local delegates will determine the designated period or 2 periods each year to be worked under this agreed arrangement. Such employees during the designated period/s, may be called upon to work on Hazard Reduction Burns on 24 hours notice without the payment of the additional 25% loading penalty.

 

5.        Delete clause 26, Family and Community Service Leave, and insert in lieu thereof the following:

 

26.  Family and Community Service Leave

 

26.1    Family and Community Service Leave for officers covered by this award shall accrue and be granted in accordance with clause 71 of the Crown Employees (Public Service Conditions of Employment) Award 2009 or any successor instrument to that Award howsoever named and as varied from time to time.

 

6.        Delete throughout the award "Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006" and insert in lieu thereof the following:

 

"Crown Employees (Public Service Conditions of Employment) Award 2009".

 

7.        This variation is to take effect from 1 July 2011.

 

 

 

 

M. J. WALTON J , Vice-President

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.