Crown Employees (State Emergency Service) Learning
and Development Officers Award 2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 701 of 2015)
Before Commissioner Stanton
|
17 November 2015
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject
Matter
1. Title
2. Definitions
3. General
Conditions of Employment
4. Salaries
5. Working
Hours and Flexible Leave Entitlement
6. Operational
Overtime
7. Grievance
Procedures
8. Dispute
Resolution Procedures
9. Motor
Vehicle
10. Anti-Discrimination
11. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salary Schedule
PART A
1. Title
1.1 This Award will
be known as the Crown Employees (State Emergency Service) Learning and
Development Officers Award 2012.
2. Definitions
2.1 "Act"
means the Government Sector Employment Act 2013.
2.2 "Award"
means this Crown Employees (State Emergency Service) Learning and Development
Officers Award 2012.
2.3 "SES"
means the State Emergency Service as described in the State Emergency Service
Act 1989 No 164.
2.4 "SES
Act" means the State Emergency Service Act 1989 No. 164.
2.5 "Regulation"
means the State Emergency Service Regulation 2001 as amended under the State
Emergency Service Act 1989 No 164.
2.6 "Commissioner"
means the Commissioner of the NSW State Emergency Service.
2.7 "Learning
and Development Officer" or "LDO" means an employee permanently
or temporarily employed in the SES either as a full-time,
or part-time employee, in any capacity under the provisions of Part 4,
Government Sector Employment Act 2013, and includes an employee on probation.
2.8 "Association"
means the Public Service Association and Professional Officers Association
Amalgamated Union of New South Wales.
2.9 "Industrial
Relations Secretary" means the Secretary of the Treasury, under the
provision of Part 4, Government Sector Employment Act 2013.
2.10 "Ongoing
Employment" refers to both full-time and part-time, pursuant to Division 5
of the Government Sector Employment Act 2013.
2.11 "Salary
Rates" means the ordinary time rate of pay for the Learning and
Development officer’s grading excluding allowance for "After Hours Duty
Officer" and all other allowances not regarded as salary.
3. General
Conditions of Employment
3.1 Conditions of
employment for all Learning and Development Officers shall be in accordance
with the provisions of the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 except where varied by this Award and with the
following Awards and Agreements as varied from time to time:
Crown Employees (Transferred Employees Compensation)
Award 2009.
Crown Employees (Transferred Officers/Excess Rent)
Agreement No 2354 of 1981.
3.2 The provisions
of this Award are to apply to part-time workers on a pro-rata basis.
4. Salaries
4.1 The Learning
and Development Officers will be remunerated in accordance with the Crown
Employees (Public Sector - Salaries 2015) Award as varied or an award replacing
it. Salaries at the time of making this
Award are set out in Table 1 - Salary Schedule of Part B Monetary Rates.
4.2 Appointment of
Learning and Development Officers shall be in accordance with the Government
Sector Employment Rules 2014.
4.3 A flexible and
adaptable approach to working hours shall be adopted to meet peak demands, unit
and volunteer demands, and the personal circumstances of employees. Some of the
work performed is during the evening or on weekends. The parties agree that the
requirements will be no more than 40 days of weekend and public holiday work
per annum and 80 occasions of evening work. The parties recognise that there
could be variations to these requirements from time to time.
4.4 An allowance of
15% of the Learning and Development Officer’s gross annual salary will be paid
in lieu of non-operational overtime and in recognition of the pattern of work.
No non-operational overtime is anticipated.
5. Working Hours
and Flexible Leave Entitlement
5.1 LDOs will be
able to accumulate flexitime credits beyond their contract hours. Flexitime
entitlements will be the same as the current flexible working arrangements of
the Agency, i.e. LDOs will be able to take up to five flex days per flex period
and can carry over up to 21 hours credit per flex period. There will be no
bandwidth or core time. Contract hours of 35 hours per week will be worked on
any day Monday to Sunday and will include travel time.
5.2 LDOs will not be
required to work more than 5 days in a row without at least one day off.
6. Operational
Overtime
6.1 Access to
overtime can only occur during operations when flex time has been suspended.
6.2 Learning and
Development Officers who are required to work operational overtime will be paid
at the normal rate of pay including the 15% loading for the first seven hours,
and overtime thereafter, excluding the 15% loading and meal breaks. When flex
time is suspended rest days are deemed to be Saturdays and Sundays.
6.3 If a Learning and Development Officer is required to perform
duty as the after hours duty officer the following
payments will be applicable:
(a) Weekdays
- 2/9ths of a day’s salary including loading.
(b) Weekends -
1/3rd of a day’s salary including loading.
7. Grievance and
Complaint Procedures
7.1 Grievance and
complaint procedures will be in accordance with the SES Complaint Management
Procedures.
8. Dispute
Resolution Procedures
8.1 The aim of the
dispute resolution procedures is to ensure that, during the life of this Award,
industrial disputes or grievances are prevented, or resolved as quickly as
possible, at the level closest to the incident (with graduated steps for
further attempts at resolution at higher levels within SES, if required).
8.2 When a dispute
or grievance arises, or is considered likely to arise, the following steps
shall be followed:
(a) Stage 1 - The
LDO(s) should notify their supervisor of the substance of the grievance,
dispute or difficulty, request a meeting and, if possible, clearly state their
preferred outcome.
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 LDO to advise their immediate supervisor the notification
may occur to the next appropriate level of management, including where
required, to the Commissioner or delegate.
(b) Stage 2 - If the
issue is not resolved within the office, the LDO may refer the matter to the
Manager Professional Standards.
A confidential meeting should be held within two
working days.
(c) Stage 3 - If
the matter is not resolved at the second meeting, the LDO may refer the matter
to the Commissioner.
A confidential meeting should be held within two
working days.
If the matter is not resolved, all parties involved in
the grievance will be provided with a written response explaining the actions
to be taken or the reasons for the SES taking no further action.
(d) Stage 4 - If
the matter remains unresolved it may be referred to the New South Wales
Industrial Relations Commission by the officer (s), the Associations, or the
Commissioner.
8.3 At any stage of
this process either party may request that the situation be referred to an
independent mediator. During any stage of this process members of a registered
trade union may request that an Association representative be present.
8.4 During the
process of resolving a grievance, normal work is to continue except in the case
of a dispute involving Work Health and Safety where the safety of staff is
jeopardised. If practicable, normal work will proceed in a manner which avoids
any risk to the health and safety of any officer, or member of the public.
8.5 The LDO(s),
Association and the SES will be bound by any lawful recommendation, order or
determination by the NSW Industrial Relations Commission in relation to the
grievance, dispute or difficulty.
9. Motor Vehicle
9.1 Regional
Learning and Development Officers are provided with access to an Agency motor
vehicle and have standing approval for limited personal use that does not
preclude availability for operational response in accordance with relevant NSW
Government and SES Policy.
10. Anti-Discrimination
10.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
10.2 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.
10.3 Under the
Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the
employee has made or may make or has been involved in a complaint of unlawful
discrimination or harassment.
10.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under
21 years of age;
(c) any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination Act
1977;
(d) a party to this Award from pursuing matters of unlawful
discrimination in any State or federal jurisdiction.
10.5 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.
11. Area, Incidence
and Duration
11.1 The changes made
to the Award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for Review of
Awards made by the Industrial Relations Commission of NSW on 28 April 1999 (310
I.G. 359) take effect on and from 17 November 2015.
11.2 Changes made to
this award subsequent to it first being published on 28 September 2007 (363
I.G. 767) have been incorporated into this award as part of the review.
11.3 This Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Salary Schedule
Salary of Full-Time Learning and Development Officers will
be paid in accordance with the Crown Employees (Public Sector - Salaries 2015)
Award as varied or an award replacing it.
Effective from the beginning of the first pay period to
commence on or after 1 July 2015
1st year of service
|
$77,448 pa
|
2nd year of service
|
$79,891 pa
|
3rd year of service
|
$83,022 pa
|
Thereafter
|
$85,455 pa
|
J. D. STANTON, Commissioner
____________________
Printed by the authority of the Industrial Registrar.