Crown Employees (Departmental Officers) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00005756)
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Parties
to the Award
2. Intention/Aims
of the Award
3. Definitions
4. Classification
and Salary Rates
5. Preservation
of Conditions for Staff Employed Under Previous Awards
6. Job
Evaluation
7. Qualifications
Review Committee
8. Working
Hours and Arrangements
9. Conditions
of Employment
10. Training
11 Use of
Consultants and Contractors
12. Employee
Assistance Program
13. Travel
Passes
14. Grievance
and Dispute Procedures under this Award
15. Saving of
Rights
16. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Departmental Officer Salary Rates -
Classification and Grades
1. Parties to the
Award
The parties to this Award are:
Industrial Relations Secretary, the Department of
Industry, Skills and Regional Development and the Department of Finance,
Services and Innovation; and
Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales (PSA).
This Award shall be binding upon all parties defined
herein.
2. Intention/Aims of
the Award
This Award provides a framework for management and
employees to work together to ensure the ongoing high-level achievement of the
Department’s Mission and Objectives. Within this context the parties are
committed to the development of a highly motivated, suitably skilled and
productive workforce.
The parties will work collaboratively to ensure that
the Department’s workforce has and continues to have the necessary skills,
knowledge, capabilities and attributes to maintain and enhance its credibility,
expertise and standing.
Effective workforce development and succession
development are seen as critical to the Department’s future performance and its
ability to innovate, respond positively to changes in its operating environment
and avail itself of future business opportunities. The Award therefore focuses
not only on the revision of conditions of employment, but stresses workforce
management and development. It is based
on maintaining, improving, developing and rewarding the skills, knowledge,
capabilities and attributes required of its workforce and provides a commitment
to ongoing employment.
In providing more flexible working conditions for
employees, the Award also recognises the need to accommodate work and family
issues through flexible working arrangements.
The parties recognise the need to strive to achieve
best practice in human resource management and to resolve any issues that may
currently exist preventing effective workforce management, employee development
and the ability to utilise skills. To this end the parties agree to work,
during the life of the Award, towards:
The creation of a culture which acknowledges the
importance and fosters the development of technical, managerial and business
skills; together with a progressive outlook;
Organisation and classification structures that support
the business needs of the Department in the most effective way, provide for
appropriate managerial and specialist career paths and allow for innovative
opportunities in development and multi-skilling;
Training and development programs and activities aimed
at meeting corporate requirements and priorities as well as individual job and
career development needs, (with the support of senior management):
Equitable development of employees to be achieved by
managers conducting performance reviews and offering guidance and direction
regarding training and development initiatives. This aims to: facilitate
improved on the job performance; provide greater job promotion potential, and
prepare for future challenges and opportunities from both the domestic and
international environments;
Senior management supporting managers and employees
working co-operatively together to resolve issues that prevent workforce
development and to identify opportunities for continuous improvement in
departmental operations;
Development and maintenance of open communication between
all levels of the workforce and improvement in communication skills across the
organisation;
Ongoing improvements in safety, quality service and
efficiency; and
A workplace environment that is supportive of
management and employees maximising their contribution to the business of the
Department.
3. Definitions
"Act" means the Government Sector
Employment Act 2013.
"Association" or "PSA" means the
Public Service Association and Professional Officers’ Association Amalgamated
Union of New South Wales.
"Department" means the Department of Industry,
Skills and Regional Development and the Department of Finance, Services and
Innovation, as specified in Schedule 1 of the Government Sector Employment
Act 2013.
"Departmental Officer" means employees in the
Land & Property Information Division of the Department of Finance, Services
and Innovation and employees who were formerly part of the Land and Property
Management Authority in accordance with Clause 20 of the Public Sector
Employment and Management (Departments) Order 2011, who are now employed in the
Department of Industry, Skills and Regional Development.
"Employee" means a person employed in
ongoing, term, temporary, casual or other employment, or on secondment, in a
Public Service agency under the provisions of the Government Sector
Employment Act 2013, who is assigned to a role classified under this award and
includes an employee on probation, but does not include the Secretary,
statutory appointees or Public Service senior executive as defined in the Act.
"Grade/Level" means a single grade: General Scale;
Grade 1-2; Grade 3-4; Grade 5-6; Grade 7-8; Grade 9-10; Grade 11; Grade 12;
Senior Officer Grade 1; Senior Officer Grade 2; Senior Officer Grade 3, as set
out in Table 1 Departmental Officer Salary Rates and applied to roles created
in terms of the Government Sector Employment Act 2013 and evaluated in
accordance with the Department’s approved Job Evaluation system and the
conditions of this Award.
“Industrial
Relations Secretary” means the person, within the meaning of the Government Sector Employment Act 2013,
who is for the purposes of any proceedings relating to Public Service employees
held before a competent tribunal having jurisdiction to deal with industrial
matters, taken to be the employer of Public Service employees.
"Public Service" means the Public Service of New
South Wales, as defined in the Government Sector Employment Act 2013.
"Role" means a role as defined in section 3 of the
Government Sector Employment Act 2013.
"Secretary" means the Secretary of the Department
of Industry, Skills and Regional Development and the Department of Finance,
Services and Innovation.
"Service" means continuous service for salary
purposes.
4. Classification and
Salary Rates
4.1 The
classification under this Award is titled "Departmental Officer", eg
Senior Surveyor, Departmental Officer Grade.
4.2 The salary
rates are set out in Table 1 - Departmental Officer Salary Rates -
Classification and Grades, of Part B Monetary Rates. The rates of pay are set in accordance with
the Crown Employees (Public Sector - Salaries 2016) Award or any variation or
replacement award.
5. Preservation of
Conditions for Staff Employed under Previous Awards
5.1 Preservation
Rights: A Memorandum of Understanding regarding progression rights of PSA members
was agreed in conjunction with the former Crown Employees (NSW Department of
Lands - Conditions of Employment) Award 2004 published 2 September 2005 (353 IG
542), which took effect from 22 February 2005.
5.2 Lands Officers
Employees previously employed under the Crown Employees
(Lands Officers - Department of Land and Water Conservation and Department of
Information Technology and Management 1999) Award published 23 June 2000 (316
I.G. 728) transferred to this award;
however, employees who transferred to levels of General Scale, Grade 1-2 and
Grade 3-4 shall be entitled to progress, subject to satisfactory performance,
on an annual incremental basis in accordance with the prior award, to the
equivalent salary of Lands Officer Level 3 year 2.
Lands Officers Level 4 transferred to this award. Any
structural anomalies within Administrative and Clerical Officers Grade 5/6
created by the transition will be addressed in any new structure developed to
meet the future business objectives of the Department.
5.3 Employees with
a substantive salary equivalent to Grade 11 who occupy roles presently graded
at A&C 11/12 or DITM Officer Grade 11/12
Employees previously employed under the Crown Employees
(Administrative and Clerical Officers - Salaries 2003) Award published 23 April
2004 (344 I.G. 155) or the Crown Employees (NSW Department of Information
Technology and Management) Conditions of Employment Award 2002 published 12
March 2004 (343 I.G. 628), with a substantive salary equivalent of A&C
Grade 11, year 1 or year 2, and currently occupying ongoing roles of Grade
11/12 shall be entitled to progress, subject to satisfactory performance, on an
annual incremental basis, to the equivalent salary of Clerk Grade 12, year 2.
5.4 Surveyors
Employees previously employed under the Surveyors,
Trigonometrical and Cartographic Surveyors Agreement No. 2449 of 1982
transferred to this award (except that the progression barrier for registration
requiring a Surveyor to become registered in terms of Section 10 of the
Surveyors Act, 1929 are to be included in Role Descriptions where it would be a
requirement to carry out the accountabilities of roles). Preservation of rights
to progression under the prior award applies to Surveyors employed by the
Department of Lands immediately prior to the registration of this award on 22
February 2005.
5.5 Valuers
Employees previously employed under the Crown Employees
(Regional Directors and Valuers - All Classes - Valuer General’s Office,
Department of Information Technology and Management) Award published 28 April
2000 (315 I.G. 238) transferred to this award. Preservation rights to
progression under the prior award apply to Valuers employed by the Department
of Lands immediately prior to the registration of this award on 22 February
2005.
5.6 DITM Employees
Employees previously employed under the Crown Employees
(NSW Department of Information Technology and Management) Conditions of
Employment Award 2002 published 12 March 2004 (343 IG 628) transferred to this
award. Preservation rights to progression under the prior award apply to DITM
Officers employed by the Department of Lands immediately prior to the
registration of this award on 22 February 2005.
5.7 Clerks
Employees previously employed under the Crown Employees
(Administrative and Clerical Officers - Salaries 2003) Award published 23 April
2004 (344 I.G. 155) transferred to this award. Preservation rights to
progression under the prior award will apply to Clerks employed by the
Department of Lands immediately prior to the registration of this award on 22
February 2005.
5.8 Clerical
Officers
Employees previously employed under the Clerical
Officers All Departments Agreement No 2515 of 1988 transferred to this award.
5.9 Field Hands and
Instrument Man
Employees previously employed under the Surveyors’
Field Hands (State) Award published 23 November 2001 (329 IG 889) became
permanent officers upon commencement of this Award on 22 February 2005 and
classified as Departmental Officers and transferred to this award at their
current salary. The grading of their jobs will then be determined in accordance
with the outcome of job evaluation.
6. Job Evaluation
6.1 The job
evaluation system agreed by the parties to this award is the Mercer CED Job
Evaluation System. The systematic and objective process of assessing the work
value of roles within the Department will continue to be applied utilising the
approved Job Evaluation policy and procedures.
6.2 The Job
Evaluation Committee will comprise the Department’s human resources Director as
chair, a senior manager of the human resources area and two PSA
representatives. The Job Evaluation Committee will identify those roles that
should be evaluated.
6.3 The priority in
which roles are to be evaluated will be determined by agreement between
Management, the Job Evaluation Committee, and the PSA. Highest priority will be given to areas of
the Department where the greatest benefit to employees in terms of equity will
result. Evaluation of identified roles
will be completed within 12 months.
6.4 Job Evaluation
will be managed by the human resources area of the Department. Staff members and consultants participating
in the job evaluation process will be accredited in the Mercer C E D Job Analysis
and Job Evaluation process. Where required, Mercer Human Resource Consulting
(Cullen Egan Dell CED consultants), a management representative and a PSA
representative will perform a quality control check on Role Descriptions to
ensure consistency in format and content.
6.5 Job evaluation
allowance: Where an existing role has been incorporated into a new or revised
organisation structure and the work hasn’t changed substantially but job
evaluation indicates a higher salary level for the same work, and the current
occupant is performing satisfactorily in the role, the current occupant of the
role may be paid by way of Job Evaluation allowance. Payment by way of Job
Evaluation allowance is also subject to the existing occupant of the role
having been assigned following a process of competitive merit selection. Where the work has changed substantially or
the role falls vacant the role should be filled by merit selection. Payment of a Job Evaluation allowance is an
option available for consideration in light of the particular circumstances.
The allowance is subject to approval of the Secretary on a case-by-case basis,
as set out in Premier’s Department Circulars No. 97-35 and 98-50,
implementation of job evaluation outcomes.
6.6 All anomalies
with the outcomes of job evaluation will be referred for resolution to the
Transition Committee established under clause 5, Transition Arrangements of
this award.
7. Qualifications
Review Committee
7.1 A
Qualifications Review Committee shall be convened and shall include
representatives from management, unions and employees with expertise in the
area of qualification. Such representation shall consist of two management
representatives, two union nominees and may call on employees or external
advisers with expertise in the area of the qualification being discussed. The
Committee shall be constituted for the period of this award for the purpose of
making recommendations to the Secretary.
7.2 The Committee
shall from time to time sit to determine the appropriate skills and
qualifications required for given roles within the Department. The Committee
shall from time to time also consider the current status of qualifications that
are used in this award in relation to the various levels of Departmental
Officers as set out in the award. If agreement cannot be reached in this
committee, the Secretary will facilitate a resolution.
8. Working Hours and
Arrangements
The provisions of the Department of Lands Flexible
Working Hours Agreement 2004 will apply with the exception of those employees
exempted in that Agreement.
9. Conditions of
Employment
Employees 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 as provided for under
the Government Sector Employment Act 2013, Government Sector Employment
Regulation 2014, Government Sector Employment Rules 2014, the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 and the Crown
Employees (Public Sector - Salaries 2015) Award or any awards replacing these
awards.
10. Training
The parties agree that all employees shall be provided
with opportunities for career, professional and personal development. The joint
aim is to develop a highly skilled and efficient workforce and to ensure that
all employees are sufficiently skilled to meet the present and future needs of
the Department.
The Department’s commitment to training and development
will include (but will not be limited to):
The reimbursement of course fees for employees
undertaking tertiary or vocational studies shall be 100% on successful
completion where the study relates directly to the role occupied. Where a
Manager considers that the study does not relate directly to the role but will
be beneficial to the organisation, and so approves, reimbursement of fees, upon
successful completion, may be within the range of 50% to 100%. The Secretary or
their delegate will determine any appeal relating to decisions concerning
payment of course fees.
A commitment to the provision of external training
programs;
Implementation of a Performance Development Program;
The provision of training and re-training wherever
re-organisation creates new skill requirements;
Equipping all employees with skills and ability to
enable them to pursue, where possible, their preferred career paths and to
improve their opportunities for career advancement;
Providing training in information technology to enable
employees to use the technological tools required to perform their duties;
Providing the training needed to ensure that those
employees, whose performance has been identified as requiring improvement have
every opportunity to improve their performance;
Equity of access to training and development opportunities
for all employees, including part time employees;
Dependent care assistance (dependant care, by way of
payment, may be provided to enable employees with dependant responsibilities to
pursue training and development opportunities).
During the life of this award, the Department agrees to
examine and implement various options to facilitate skill enhancement and
career development for all employees.
These options may include:
Job rotation;
Secondments;
Participation in work forums;
Placements in other organisations with the agreement of
the employee;
Mentor and coaching programs;
Attendance at conferences and seminars;
Employees exchange programs with the agreement of the
employee.
In order to meet these aims, the following have been
agreed by the parties:
A commitment to updating skill profiles from the
Training Needs Analysis process to assist employees and management to determine
appropriate training needs;
To include employees training and development
responsibilities in the key accountabilities of all managers and supervisors;
Individual employees will assume personal
responsibility to participate in appropriate training and development and
skill-enhancing activities.
Furthermore, the parties agree to an ongoing commitment
to the Vocational Education and Training (VET) system - that is, the promotion
and implementation of the Public Sector training package through the NSW Public
Sector Industry Training Advisory Body (NSW PSITAB).
This includes embracing the development of a National
Competencies training project encompassing:
An increase in the number of workplace trainers and
assessors within the Department;
Time for trainers and assessors to recognise the
current competencies held by Departmental Officers;
All in-house training to be in line with National
Competency Standards so employees can work toward a nationally recognised
public sector qualification.
11. Use of Consultants
and Contractors
In line with Government commitments, the parties agree
to develop programs to reduce the use of consultants/contractors by greater
reliance on the expertise of professional public servants and the development
of strict quality control procedures for the engagement of outside assistance.
The Department agrees to consult with the Association
on engagement and use of consultants and contractors
12. Employee
Assistance Program
The Department will continue to make available to all
its employees a free and confidential Employee Assistance Program.
The Employee Assistance Program is an independent and
confidential counselling service which provides counselling free of charge for
a wide range of personal and/or work related problems.
13. Travel Passes
The Department undertakes to allow salary deduction for
public transport travel passes.
14. Grievance and
Dispute Procedures under This Award
14.1 All grievances
disputes or difficulties 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 to higher levels of authority in the
Department, if required.
14.2 Employees are
required to notify (in writing or otherwise) their immediate supervisor or
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.
14.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes
it impractical for the staff member to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Secretary or delegate.
14.4 The immediate
supervisor, manager, or other appropriate employee, shall convene a meeting in
order to resolve the grievance, dispute or difficulty within seven (7) days of
the matter being brought to attention.
14.5 If the matter is
unresolved with the immediate supervisor or manager, the employee may request
to meet with the appropriate person at the next level of management in order to
review the matter. This employee shall respond within seven (7) days. If there
are matters or issues that still remain unresolved by both parties then they
should be referred to the senior manager of the work area who should include a
representative from the human resources area in discussions.
14.6 In the event
that the matter remains unresolved, the Secretary shall provide a written
response within 21 days to the employee and any other party involved in the
grievance, dispute or difficulty, concerning the action to be taken, or the
reasons for not taking action, in relation to the matter.
14.7 An employee who
is a member of an Association may request to be represented by an Association
representative at any stage of the procedures.
14.8 The employee or
Association on his/her behalf, or the Secretary, may refer the matter to the
New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
14.9 The employee
and/or Association and/or the Secretary shall agree to be bound by a lawful
recommendation, order or determination by the Industrial Relations Commission
of New South Wales in relation to the grievance, dispute or difficulty.
14.10 Whilst the
procedures are being followed, normal work undertaken prior to the notification
of the grievance or dispute shall continue, except in the case of a dispute
involving Work, Health and Safety. If
practicable, normal work shall proceed in such a manner to avoid any risk to
the health and safety of any employee, or member of the public.
14.11 These procedures
should be read in conjunction with the Department’s Grievance Resolution Policy
and Procedures and in no way diminish Grievance resolution procedures contained
in that policy.
15. Saving of Rights
At the time of making this award, no employee covered
by this Award will suffer a reduction in his or her rate of pay or any loss or
reduction in his or her conditions of employment as a consequence of making
this award.
16. Area, Incidence
and Duration
16.1 The award shall
apply to all employees employed in the classification of Departmental Officer
in the Department of Industry, Skills and Regional Development and the
Department of Finance, Services and Innovation.
16.2 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales of 28 April 1999
(310 I.G 359) take effect on and from 2 August 2016.
16.3 Changes made to
this award subsequent to it first being published on 26 December 2008 (366 I.G.
1501) have been incorporated into this award as part of the review.
PART B
MONETARY RATES
Table 1 - Departmental Officer Salary Rates
Rates are effective from the beginning of the first
full pay period to commence on or after 1 July 2016.
Departmental Officer
|
Classifications and Grades
|
|
1.7.16
|
|
|
Per annum
|
|
|
2.50%
|
|
|
$
|
General Scale
|
Year 1
|
35,134
|
|
Year 2
|
42,495
|
|
Year 3
|
45,800
|
|
Year 4
|
47,049
|
|
Year 5
|
49,039
|
|
Year 6
|
49,929
|
|
Year 7
|
51,168
|
|
Year 8
|
53,060
|
|
Year 9
|
54,983
|
|
Year 10
|
57,015
|
Grade 1-2 (Level 1)
|
Year 1
|
60,154
|
|
Year 2
|
61,921
|
|
Year 3
|
63,649
|
|
Year 4
|
65,396
|
Grade 3-4 (Level 2)
|
Year 1
|
67,248
|
|
Year 2
|
69,276
|
|
Year 3
|
71,438
|
|
Year 4
|
73,635
|
Grade 5-6 (Level 3)
|
Year 1
|
79,384
|
|
Year 2
|
81,888
|
|
Year 3
|
85,098
|
|
Year 4
|
87,591
|
Grade 7-8 (Level 4)
|
Year 1
|
90,215
|
|
Year 2
|
92,912
|
|
Year 3
|
96,784
|
|
Year 4
|
99,862
|
Grade 9-10 (Level 5)
|
Year 1
|
102,838
|
|
Year 2
|
105,730
|
|
Year 3
|
110,046
|
|
Year 4
|
113,324
|
Grade 11 (Level 6)
|
Year 1
|
118,943
|
|
Year 2
|
123,985
|
Grade 12 (Level 7)
|
Year 1
|
131,751
|
|
Year 2
|
137,557
|
Senior Officer Grade 1 (Level 8)
|
Year 1
|
153,915
|
|
Year 2
|
165,847
|
Senior Officer Grade 2 (Level 9)
|
Year 1
|
168,654
|
|
Year 2
|
180,545
|
Senior Officer Grade 3 (Level 10)
|
Year 1
|
186,586
|
|
Year 2
|
204,818
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.