Crown Employees (Education Employees Department of
Justice - Corrective Services NSW) Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Corrective Services NSW.
(Case No. 2016/00357475)
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Before Commissioner Tabbaa
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6 December 2016
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AWARD
PART A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Definitions
3. Conditions
Fixed by other Instruments of Employment
4. Qualifications
5. Salaries
6. Salary
Packaging Arrangements, including Salary Sacrifice to Superannuation
7. Incremental
Progression and Calculation of Service
8. Working
Hours
9. Shift
Work
10. Recreation
Leave
11. Non
Attendance Time
12. Duties of
Correctional Education Officers
13. Duties of
Teachers
14. Leave
Entitlements
15. Part-time
Work
16. Recruitment
- Exceptional Circumstances
17. Professional
Development
18. Education
Quality
19. Consultation
20. Anti-Discrimination
21. Harassment
Free Workplace
22. Deduction
of Federation Membership Fees
23. Dispute
Resolution Procedures
24. Duties as
Directed
25. No Further
Claims
26. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
2. Definitions
2.1 "Act"
means the Government Sector Employment Act 2013 or its replacement.
2.2 "AEVTI"
means the Adult Education and Vocational Training Institute, which is the
registered provider of adult education and vocational training for inmates
within Corrective Services NSW.
2.3 "Conditions
Award" means the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 as varied from time to time, or any replacement Award.
2.4 "Correctional
Centre" means a centre administered by Corrective Services NSW to accommodate
persons committed by a court of law.
2.5 "Correctional
Education Officer" means an employee assigned as such and who is qualified
as provided in sub clause 4.3 of this Award and who is required to undertake
the duties specified in clause 12 of this Award.
2.6 "Corrective
Services NSW (CSNSW)" means a division within the Department of Justice.
2.7 "Day
Worker" means an employee, other than a shift worker, whose ordinary hours
of work are from Monday to Friday with hours as specified for the particular
classification.
2.8 "Employee"
means a member of staff in employment defined under section 43 of the Act.
2.9 "Federation"
means the Australian Education Union
New South Wales Teachers Federation Branch
2.10 “Industrial
Relations Secretary” means the Secretary of Treasury.
2.11 "Personnel
Handbook" means the NSW Public Service Personnel Handbook, published by
the Public Service Commission, or any replacement publication.
2.12 "Regulation"
means the Government Sector Employment
Regulation 2014 or its replacement..
2.13 “Rules” mean
the Government Sector Employment Rules 2014 or its replacement.
2.14 “Secretary"
means the head of the Department of Justice.
2.15 "Senior
Correctional Education Officer" means an employee assigned as such and who
is qualified as provided in sub clause 4.4 of this Award.
2.16 "Shift
Worker" is a staff member who works outside the ordinary working hours of
a Day Worker as defined in clause 3 of the Conditions Award.
2.17 "Teacher"
means an employee assigned as such and who is qualified as provided in sub
clause 4.2 of this Award and who is required to undertake duties as specified
in clause 13 of this Award. A permanent part-time Teacher means a Teacher who
is assigned under the Act for set and regular hours that are less than the full
contract hours of this Award.
2.18 "Through
care" means the philosophy and practice of CSNSW by which inmates are
managed from the start of their sentence with a view to maximizing reintegration
into the community and achieving a reduction in recidivism.
3. Conditions Fixed By
Other Instruments of Employment
3.1 The following
Awards as varied from time to time, or any replacement Awards, in so far as
they fix conditions of employment applying to employees covered by this Award,
which are not fixed by this Award, shall continue to apply:
3.1.1 Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009
3.1.2 Crown Employees
(Transferred Employees Compensation) Award.
3.2 The provisions
of CSNSW’s Flexible Working Hours Agreement dated 3 November 1998, or any
replacement Agreement, shall apply except where modified by this Award.
3.3 Except as
expressly modified by this Award, and except where conditions are determined by
the Awards and Agreement referred to in sub clauses 3.1 and 3.2 of this clause,
the conditions of service of employees shall be determined by the provisions of
the Act, the Regulation, the Rules and the Personnel Handbook.
4. Qualifications
4.1 The following
qualifications shall apply except where specific exception is approved by the Secretary
or delegate and where detailed in clause 16, Recruitment - Exceptional
Circumstances, of this Award.
4.2 Teachers -
shall hold a:
4.2.1 Bachelors degree
in Education from a recognised university, incorporating subjects studied which
qualifies the employee to teach in the learning area required by AEVTI; or
4.2.2 Graduate Diploma
(or higher) in Education, from a recognised university; and qualification
(degree, diploma or certificate) from a recognised university (or other
recognised tertiary education institution) in a discipline other than
education, incorporating subjects studied which qualifies the employee to teach
in the learning area required by AEVTI;
4.2.3 current
certificate in training and assessment as determined by the National Skills
Standards Council (NSSC) or replacement body and as required by the national VET Regulator, Australian
Skills Quality Authority (ASQA) or replacement body, to meet the national
standards for training organisations;
together with relevant related employment experience,
as approved by the Secretary or delegate.
4.3 Correctional
Education Officers - shall hold a:
4.3.1 Bachelors degree
in Education from a recognised university, incorporating subjects studied which
qualifies the employee to teach in the learning area required by AEVTI; or
4.3.2 Graduate Diploma
(or higher) in Education, from a recognised university; and qualification
(degree, diploma or certificate) from a recognised university (or other
recognised tertiary education institution) in a discipline other than
education, incorporating subjects studied which qualifies the employee to teach
in the learning area required by AEVTI;
4.3.3 current
certificate in training and assessment as determined by the National Skills
Standards Council (NSSC) or replacement body and as required by the national VET Regulator, Australian
Skills Quality Authority (ASQA) or replacement body, to meet the national
standards for training organisations;
together with relevant related employment experience,
as approved by the Secretary or delegate.
4.4 Senior
Correctional Education Officers - shall hold a:
4.4.1 Bachelors degree
in Education from a recognised university; or
4.4.2 Graduate Diploma
(or higher) in Education, from a recognised university; and qualification
(degree, diploma or certificate) from a recognised university (or other
recognised tertiary education institution) in a discipline other than
education; together with experience in adult education, as approved by the Secretary
or delegate.
5. Salaries
5.1 Salaries for
Senior Correctional Education Officers, Correctional Education Officers and
Teachers are set out at Part B Monetary Rates Table 1 of this Award.
5.2 These rates
continue to be inclusive of the previously paid environmental allowance.
5.3 Commencing
salaries for all employees to a role under this Award shall be consistent with
the relevant provisions of the Personnel Handbook.
6. Salary Packaging Arrangements,
Including Salary Sacrifice to Superannuation
6.1 The entitlement
to salary package in accordance with this clause is available to:
6.1.1 Full-time and
part-time employees;
6.1.2 Temporary
employees, subject to CSNSW’s convenience; and
6.1.3 Casual
employees, subject to CSNSW’s convenience, and limited to salary sacrifice to
superannuation in accordance with sub clause 6.7.
6.2 For the
purposes of this clause:
6.2.1 "Salary"
means the salary or rate of pay prescribed for the employee's classification by
clause 5. Salaries and Part B - Monetary Rates Table 1 of this Award, and any
other payment that can be salary packaged in accordance with Australian
taxation law.
6.2.2 "Post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
6.3 By mutual
agreement with the Industrial Relations Secretary, an employee may elect to
package a part or all of their post compulsory deduction salary in order to
obtain:
6.3.1 a benefit or
benefits selected from those approved by the Industrial ;Relations Secretary
and
6.3.2 an amount equal
to the difference between the employee’s salary, and the amount specified by
the Industrial Relations Secretary for the benefit provided to or in respect of
the employee in accordance with such agreement.
6.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
6.5 The agreement
shall be known as a Salary Packaging Agreement.
6.6 Except in
accordance with sub clause 6.7 a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
employee and the Industrial Relations Secretary at the time of signing the
Salary Packaging Agreement.
6.7 Where an
employee makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
employee may elect to have the amount sacrificed:
6.7.1 paid into the
superannuation fund established under the First State Superannuation Act 1992;
or
6.7.2 where the
employer is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
6.7.3 subject to
CSNSW’s agreement, paid into another complying superannuation fund.
6.8 Where the
employee makes an election to salary sacrifice, CSNSW shall pay the amount of
post compulsory deduction salary, the subject of election, to the relevant
superannuation fund.
6.9 Where the employee
makes an election to salary package and where the employee is a member of a
superannuation scheme established under the:
6.9.1 Police
Regulation (Superannuation) Act 1906;
6.9.2 Superannuation
Act 1916;
6.9.3 State
Authorities Superannuation Act 1987; or
6.9.4 State
Authorities Non-contributory Superannuation Act 1987,
CSNSW must ensure that the employee’s superable salary
for the purposes of the above Acts, as notified to the SAS Trustee Corporation,
is calculated as if the Salary Packaging Agreement had not been entered into.
6.10 Where the
employee makes an election to salary package, and where the employee is a
member of a superannuation fund other than a fund established under legislation
listed in sub clause 6.9 of this clause, CSNSW must continue to base
contributions to that fund on the salary payable as if the Salary Packaging
Agreement had not been entered into. This clause applies even though the
superannuation contributions made by CSNSW may be in excess of superannuation
guarantee requirements after the salary packaging is implemented.
6.11 Where the
employee makes an election to salary package:
6.11.1 subject to
Australian Taxation law, the amount of salary packaged will reduce the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
6.11.2 any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee’s rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the employee under clause 5. Salaries and or Part B
- Monetary Rates, Table 1 of this Award if the Salary Packaging Agreement had
not been entered into.
6.12. The Industrial
Relations Secretary may vary the range and type of benefits available from time
to time following discussion with the Federation. Such variations shall apply
to any existing or future Salary Packaging Agreement from date of such
variation.
6.13. The Industrial
Relations Secretary will determine from time to time the value of the benefits
provided following discussion with the Federation. Such variations shall apply
to any existing or future Salary Packaging Agreement from the date of such
variation. In this circumstance, the
employee may elect to terminate the Salary Packaging Agreement.
7. Incremental
Progression and Calculation of Service
7.1 Incremental
progression and calculation of service shall be determined in accordance with
the Regulation and the chapter dealing with Managing the Workplace of the
Personnel Handbook, except where varied by clause 16 Recruitment - Exceptional
Circumstances of this Award.
8. Working Hours
8.1 Ordinary hours
of work shall be 35 hours per week, Monday to Friday.
8.2 An employee
shall not be directed to work longer than five continuous hours without a meal
break.
8.3 Senior
Correctional Education Officers and Correctional Education Officers
8.3.1 The provisions
of CSNSW’s Flexible Working Hours Agreement dated 3 November 1998, or any
replacement Agreement, shall apply to Senior Correctional Education Officers
and Correctional Education Officers, including access to two days flex leave
per flex period and five days banked hours.
8.3.2 The bandwidth
shall be 7.30am - 9.00pm.
8.3.3 The core time
shall be 10.00am - 3.00pm.
8.3.4 Flexible working
hours including the taking of flex leave and banked hours shall remain at
CSNSW’s discretion, to be negotiated at the local level provided that the
delivery of teaching programs is maintained.
8.4 Teachers
8.4.1 The standard
attendance hours of full time Teachers shall be 35 hours per week, Monday to
Friday inclusive, in recognition of the particular environment in CSNSW.
8.4.2 The daily span
of working hours in correctional centres for Teachers shall be between 7.30am
and 5.30pm on Monday to Friday, inclusive. Direct teaching activities and duties
related to teaching worked by Teachers should, unless otherwise unavoidable or
by agreement between a Teacher and the supervising Senior Correctional
Education Officer, be continuous.
8.4.3 Teachers
classified as Day Workers, who are directed to perform direct teaching
activities between:
(i) 5.30pm and
9.00pm Monday to Friday and who are required to teach two separate sessions
during these hours or one session which commences later than 5.30pm; or
(ii) 7.30am and
9.00pm Saturday and who are required to teach two separate sessions during
these hours;
shall be paid at the rate of time and one quarter or
may elect to take time in lieu which shall be calculated at the same rate as
would have applied to the payment of teaching activities performed in terms of
this clause.
8.4.4 Teachers shall
not be entitled to flex time arrangements and shall be required to attend for
rostered direct teaching activities as required by the Senior Correctional
Education Officer.
8.4.5 The hours of
attendance for duties related to teaching may be arranged by Teachers in
consultation with the Senior Correctional Education Officer provided the
requirements of CSNSW are met at all times. This will facilitate flexible start
and finish times for Teachers.
9. Shift Work
9.1 Senior
Correctional Education Officers, Correctional Education Officers and Teachers,
who because of operational requirements are classified as Shift Workers shall
be paid a shift allowance of 15 per cent where rostered to work Monday to
Friday outside the ordinary working hours of a Day Worker.
9.2 Shift workers
who are regularly required to perform rostered duty on Saturdays, Sundays and
public holidays shall receive the following compensation and be subject to the
following conditions:
9.2.1 For ordinary
rostered time worked on a Saturday - additional payment at the rate of half
time extra.
9.2.2 For ordinary
rostered time worked on a Sunday - additional payment at the rate of
three-quarter time extra.
9.2.3 When rostered
off on a public holiday - an additional day's pay.
9.2.4 For ordinary
rostered time worked on a public holiday - additional payment at the rate of
time and a half extra.
9.2.5 Recreation leave
at the rate of four weeks a year, that is, 20 working days plus eight rest
days.
9.2.6 Additional leave
on the following basis:
Number of ordinary shifts worked on Sundays and/or
Public Holidays during a qualifying period of 12 months from 1 December one
year to 30 November the next year.
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Additional Leave
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4 -10
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1 additional day's
leave
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11 -17
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2 additional days'
leave
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18 - 24
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3 additional days'
leave
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25 - 31
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4 additional days'
leave
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32 or more
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5 additional days'
leave
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10. Recreation Leave
10.1 Recreation leave
for Day Workers shall be granted and administered as follows:
10.1.1 in accordance with
the recreation leave provisions of the Regulation, the Conditions Award and the
Personnel Handbook.
10.1.2 At least two
consecutive weeks of recreation leave shall be taken by employees every twelve
months as described in the Conditions Award.
11. Non Attendance
Time
11.1 Correctional
Education Officers
11.1.1 In return for
undertaking a maximum of 400 hours per annum of direct teaching activities, as
provided at sub clause 12.4, all Correctional Education Officers shall receive
10 working days non attendance time.
11.2 Teachers
11.2.1 In return for the
hours as described in clause 13 of this Award, Teachers shall be entitled to 7
weeks of agreed non attendance time if employed for a full calendar year.
11.2.2 Where a Teacher commences
or ceases employment part way through a calendar year, the entitlement to non
attendance time shall be calculated on a pro rata basis.
11.2.3 The pro rata
calculation mentioned in sub clause 11.2.2 shall be as negotiated and agreed
between CSNSW and Federation.
11.2.4 Where public
holidays fall during a period of non attendance time, those days shall be
counted as non attendance time.
11.3 For Correctional
Education Officers and Teachers, non attendance time shall be taken at CSNSW’s
convenience.
11.4 For Correctional
Education Officers and Teachers, non attendance time shall be non accumulative.
11.5 For Correctional
Education Officers and Teachers, may be required to attend some staff
development activities during non attendance time.
11.6 An annual
calendar detailing the dates for non attendance time to be taken shall be
developed by the Senior Correctional Education Officer in consultation with
senior management of the Correctional Centre and education employees, for
approval by the Secretary or delegate.
12. Duties of
Correctional Education Officers
12.1 Subject to sub
clauses 12.2 and 12.3 of this Award and following consultation with the
supervising Senior Correctional Education Officer, Correctional Education
Officers shall be required to undertake:
12.1.1 Direct teaching
activities for up to 10 hours per week; and
12.1.2 Duties related to
teaching and through care initiatives as specified at sub clause 12.4, will be
undertaken for the balance of hours consistent with the provisions of CSNSW’s
Flexible Working Hours Agreement, or any replacement Agreement, with the
ordinary hours of duty for the week being 35 hours.
12.2 To accommodate
the educational delivery needs of a correctional centre, the direct teaching
activities may be varied by plus or minus 5 hours in any one week.
12.3 There may be a
need from time to time for a Correctional Education Officer not to undertake
any direct teaching activities for a specified period of time (as determined by
CSNSW) in order to meet the needs of the correctional centre. In these circumstances:
12.3.1 Duties related to
teaching/through care initiatives as provided by sub clause 12.4 shall be
substituted for direct teaching activities; and
12.3.2 Non attendance
time as provided for in clause 11 of this Award, shall continue to apply as if
direct teaching activities were being undertaken.
12.4 Direct teaching
activities and duties related to teaching/through care initiatives to be
undertaken by Correctional Education Officers shall be as specified in the
following table:
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Direct Teaching Activities Correctional Education Officer
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Duties Related to
Teaching/Through Care
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Initiatives
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Face-to-face teaching in any environment or setting,
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Duties related to teaching, including but
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including but not limited to:
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not limited to:
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- classrooms
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-preparation, for example, of course
|
|
|
outlines and lesson plans
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|
- workshops
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|
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- industry
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-marking
|
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- in the field
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-support and advice to inmates
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|
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-motivational interactions with inmates
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|
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-enrolment and associated administration
|
|
|
including maintenance of education and
|
|
|
case management files, preparation of
|
|
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case reports and running sheets
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Application of assessment and diagnostic instruments for
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-attendance at staff meetings
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inmates.
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-attendance at case management
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meetings
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Vocational assessment and counselling.
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-attendance at moderation meetings
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-participation in case planning and case
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management activities
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Tutorial support for distance education enrolments and
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-leading approved staff development
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individual learners with difficulties.
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activities
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-engaging in approved staff development
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Workplace training & assessment including Core Skills
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activities research
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Assessment
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-recognition of prior learning processes
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-selection and purchase of resources
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-maintenance of inmate libraries in liaison
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with the Manager Library Services
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-course, curriculum and materials
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development and review
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-course co-ordination as specified in
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curriculum documents
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-end of course evaluation
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-entering student data on DCS systems
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Duties related to facilitation of CSNSW’s
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through care initiatives linking internal and
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external stakeholders, including but not
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limited to:
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-industry and community liaison and
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promotion
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-co-ordination of traineeships and workplace
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training programs
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-workplace consultancy and advisory
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services
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-work placement co-ordination, supervision
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and pre and post release planning
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-inmate selection for education & vocational
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training programs & other program readiness
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-development of education case plan
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(includes CSNSW’s Education Profile
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Interviews)
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-review of education plans
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12.5 The specific
range of duties as described in the table at sub clause 12.4 of this Award to
be undertaken by a Correctional Education Officer must meet the needs of the
particular correctional centre. Duties required of a Correctional Education
Officer shall be planned following consultation between the Correctional
Education Officer and the supervising Senior Correctional Education Officer.
13. Duties of Teachers
13.1 Teachers shall
be required to undertake direct teaching activities for 20 hours per week and
duties related to teaching for 15 hours per week as provided by sub clause 13.2
of this Award.
13.2 Direct teaching
activities and duties related to teaching for Teachers shall be as specified in
the following table:
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Direct Teaching
Activities Teacher
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Duties Related to
Teaching
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Face-to-face teaching in any environment or setting,
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Duties related to teaching, including but not
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including but not limited to:
|
limited to:
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-classrooms
|
-preparation, for example, of course outlines
|
|
|
and lesson plans
|
|
-workshops
|
-marking
|
|
-industry
|
-support and advice to inmates
|
|
|
-motivational interactions with inmates
|
|
-in the field
|
-enrolment and associated administration
|
|
|
including maintenance of education and case
|
|
|
management files, preparation of case
|
|
|
reports and running sheets
|
|
|
-attendance at staff meetings
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|
Application of assessment and diagnostic instruments for
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-attendance at case management team
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inmates.
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meetings
|
|
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-attendance at moderation meetings
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|
Vocational assessment and counselling.
|
-participation in case planning and case
|
|
|
management activities
|
|
|
-course, curriculum and materials
|
|
|
development and review
|
|
Tutorial support for distance education enrolments and
|
-development of learning materials
|
|
individual learners with difficulties.
|
|
|
|
-research
|
|
Workplace training & assessment including Core Skills
|
-recognition of prior learning processes
|
|
Assessment.
|
|
|
|
-engaging in approved staff development
|
|
|
activities
|
|
|
-leading approved staff development activities
|
|
|
-inmate selection for education & vocational
|
|
|
training programs & other program readiness
|
|
|
-development of education case plan
|
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|
(includes CSNSW’s Education Profile
|
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|
Interviews)
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-review of education plans
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-end of course evaluation
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-entering student data on DCS systems
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13.3 The parties
agree that the duties undertaken by Teachers shall support the work of
Correctional Education Officers in relation to through care outcomes.
13.4 The specific
range of duties as described in the table at sub clause 13.2 of this Award to
be undertaken by a Teacher must meet the needs of the particular correctional
centre. Duties required of a Teacher shall be planned following consultation
between the Teacher and the supervising Senior Correctional Education Officer.
13.5 From time to
time a Teacher’s Direct Teaching Activities i.e. teaching hours, may be lost
due to restricted correctional centre routines and other centre activities. In
order to maintain a reasonable level of teaching hours:
13.5.1 There may be
occasions where teaching hours previously lost may be made up during the
following six week period, and
13.5.2 A Teacher may be
required by the supervising Senior Correctional Education Officer to make up a
maximum of 5 hours over a period of one week such that the number of teaching
hours taught by that Teacher shall not exceed 6 hours in any one day and 25
hours in any one week.
13.5.3 These hours may
only be made up on the days a Teacher is usually engaged to work and shall
replace the hours usually spent on Duties Related to Teaching.
13.5.4 The development of education plans and review
of education plans, as provided in
subclause 13.2, may be substituted
for direct teaching activities under subclause 13.5.2 to make up for lost
teaching hours.
14. Leave Entitlements
14.1 Sick leave,
maternity leave, parental leave, adoption leave, family and community service
leave, and all other leave except for extended leave shall be granted and
administered to employees in accordance with the provisions of the Conditions
Award and the Personnel Handbook.
14.2 Extended leave
entitlements shall be granted and administered to employees in accordance with the
Regulation and the Personnel Handbook.
15. Part-Time Work
15.1 CSNSW is
committed to providing part-time work opportunities where practicable. Such
arrangements should provide flexibility for effective use of resources and be
of benefit to employees.
15.2 Part-time
arrangements must be acceptable to both CSNSW and the employee and shall be in
accordance with the provisions of the Industrial Relations Act 1996 and the
Flexible Work Practices Policy and Guidelines issued by the then Public
Employment Office in October 1995, or any replacement Policy and/or Guidelines,
including the requirement that entitlements are generally on a pro-rata basis.
16. Recruitment -
Exceptional Circumstances
16.1 Exceptional
circumstances shall be advertised as such and shall be limited to Teacher
and/or Correctional Education Officer roles in rural locations that have been
previously widely advertised with a resultant field of applicants who meet all
selection criteria except for teaching qualifications. The applicant must hold
qualifications in the core subject area of the advertised role and may have
already commenced a course of study or have extensive employment related
experience.
16.2 The decision, as
to whether an exceptional circumstance exists, rests with the Secretary or
delegate following consultation with local management.
16.3 In exceptional
circumstances only, applicants for newly advertised role who do not possess the
required teaching qualifications shall not be excluded from the selection
process (subject to sub clause 16.1 and 16.2 being met), and may be appointed
on probation subject to the following provisions:.
16.3.1 The employee shall
remain on step one and shall not progress until evidence that the qualification
has been completed is provided to CSNSW.
16.3.2 The employee shall
commence and complete a course of study agreed to by the employee and the Secretary
or delegate with no cost or burden to CSNSW.
16.3.3 Employees who have
not commenced or completed their agreed course of study within the agreed and
accepted timeframe shall have their circumstances reviewed by the Secretary or
delegate and a representative of Federation. Where:
(i) Special
circumstances exist, an extension of time shall be granted to commence or
complete the course of study and the probationary period is extended for 12
months (the probationary period may be
extended for up to 2 years with extensions beyond 2 years at the discretion of
the Secretary or delegate);
(ii) No special
circumstances exist, the employee’s appointment shall be annulled.
16.3.4 Employees who have
not commenced or completed the agreed course of study shall not have their
appointment confirmed.
16.3.5 Once the required
qualifications are gained the employee’s salary entitlements shall be adjusted
to the appropriate step commensurate to the qualifications gained including
years of relevant experience and adjusted at the date at which those qualifications
were attained.
17. Professional
Development
17.1 CSNSW is
committed to the development of highly skilled, motivated and professional
employees.
17.2 Access to
professional development opportunities shall be based on the:
17.2.1 CSNSW’s needs; and
17.2.2 Needs of
individual employees as determined in consultation with their supervisors both
at the local level and with the Secretary or delegate.
17.3 Subject to sub
clause 17.2 of this Award, the professional development of Senior Correctional Education
Officers, Correctional Education Officers and Teachers shall be provided by:
17.3.1 Access to relevant
courses provided by the Corrective Services Academy; and
17.3.2 Provision for
study assistance as described in the study assistance provisions of the
Conditions Award and the Personnel Handbook.
17.3.3 Access to
retraining across disciplines in accordance with the needs of CSNSW to
facilitate multi-skilling and career path development.
17.4 Senior
Correctional Education Officers, Correctional Education Officers and Teachers
are encouraged to share their professional development experiences with other
Senior Correctional Education Officers, Correctional Education Officers and
Teachers.
18. Education Quality
18.1 In line with
CSNSW’s commitment to reducing re-offending, AEVTI is committed to providing
adult education and vocational training programs to inmates and to identified
disadvantaged groups within the inmate population.
18.2 AEVTI is
committed to maintaining its status as a Registered Training Organisation by
complying with appropriate Vocational Education Training Accreditation Board
requirements including Australian Quality Training Framework Standards.
18.3 The provision of
educational programs shall be in the form of nationally accredited curricula
and delivery and assessment equivalent to that available in the community.
Standards of delivery and assessment will be maintained by the employment of
professional educators.
18.4 Education
programs aim to contribute to the good order of correctional centres and to the
overall wellbeing of inmates.
18.5 Education
programs aim to assist inmates to develop knowledge, skills and aptitudes to
improve their prospects for post release reintegration into the wider
community.
18.6 These programs
will include classroom subjects, vocational education, creative and cultural
activities, social education and library facilities.
19. Consultation
19.1 The parties
agree to consult on any matter relating to the introduction of major, system
wide, educational initiatives by CSNSW.
19.2 A consultative
committee shall be established for this purpose.
20.
Anti-Discrimination
20.1 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.
20.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
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.
20.3 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.
20.4 Nothing in this
clause is to be taken to affect:
20.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation;
20.4.2 Offering or
providing junior rates of pay to persons under 21 years of age;
20.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
20.4.4 A party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
20.5 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.
20.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
20.5.2 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."
21. Harassment Free
Workplace
21.1 CSNSW is
committed to ensuring that employees work in an environment free of harassment.
Harassment is any repeated uninvited or unwelcome behaviour directed at another
person. The effect of harassment is to offend, annoy or intimidate another
person and to make the workplace uncomfortable and unpleasant. Harassing
behaviour is unacceptable and disruptive to the well-being of individuals and
workplace productivity.
21.2 Harassment on
any grounds including, but not limited to, sex, race, marital status, physical
impairment, sexual preference, HIV/AIDS or age shall not be condoned by CSNSW
or the Federation.
21.3 Senior
Correctional Education Officers shall exercise their best endeavours to 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.
21.4 All employees
are required to refrain from perpetuating, or being party to, any form of
harassment.
21.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation.
22. Deduction of
Federation Membership Fees
22.1 The Federation
shall provide CSNSW with a schedule setting out Federation’s fortnightly
membership fees payable by members of the Federation in accordance with
Federation’s rules.
22.2 The Federation
shall advise CSNSW of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of Federation fortnightly membership fees payable shall be
provided to CSNSW at least four weeks in advance of the variation taking
effect.
22.3 Subject to sub
clauses 22.1 and 22.2 above, CSNSW shall deduct Federation’s fortnightly
membership fees from the pay of any employee who is a member of Federation in
accordance with the Federation’s rules, provided that the employee has
authorised CSNSW to make such deductions.
22.4 Monies so
deducted from the employee’s pay shall be forwarded regularly to the Federation
together with all necessary information to enable the Federation to reconcile
and credit subscriptions to employees’ membership accounts.
22.5 Unless other
arrangements are agreed to by CSNSW and Federation, all membership fees shall
be deducted on a fortnightly basis.
22.6 Where an
employee has already authorised the deduction of membership fees from his/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.
23. Dispute Resolution
Procedures
23.1 Subject to the
provisions of the Industrial Relations Act 1996, should any dispute (including
a question or difficulty) about an industrial matter arises then the following
procedures shall apply:
23.1.1 Should any
dispute, question or difficulty arise as to matters occurring in a particular
workplace, then the employee and/or Federation workplace representative shall
raise the dispute, question or difficulty with the supervisor as soon as
practicable.
23.1.2 The supervisor
shall discuss the matter with the employee and/or Federation representative
within two working days with a view to resolving the dispute, question or
difficulty or by negotiating an agreed method and time frame for proceeding.
23.1.3 Should the above
procedure be unsuccessful in producing a resolution of the dispute, question or
difficulty or should the matter be of a nature which involves multiple
workplaces, then the individual employee or the Federation may raise the matter
with an appropriate CSNSW manager with a view to resolving the dispute,
question or difficulty or negotiating an agreed method and time frame for
proceeding.
23.1.4 Where the
procedures in sub clause 23.1.3 do not lead to resolution of the dispute,
question or difficulty, the matter shall be referred to the Secretary or
delegate and the Branch
Secretary of the Federation. They or their nominees shall discuss the
dispute, question or difficulty with a view to resolving the matter or by
negotiating an agreed method and time frame for proceeding.
23.1.5 Should the above
procedure not lead to a resolution, then either party may make application to the
Industrial Relations Commission of New South Wales.
23.1.6 While the dispute
resolution procedure is being followed, the status quo shall remain unless an work health and safety issue precludes
such work. The status quo is the situation which prevailed before the cause of
the dispute.
24. Duties as Directed
24.1 CSNSW may direct
an employee to carry out such duties as are within the limits of the employee’s
skill, competence and training consistent with the classification structure of
this Award and provided that such duties are not designed to promote
deskilling.
24.2 CSNSW may direct
an employee to carry out such duties and use such tools and equipment as may be
required, provided that the employee has been properly trained in the use of
such tools and equipment.
25. No Further Claims
25.1 Except as provided by the Industrial
Relations Act 1996, prior to 31 December 2017, there shall be no further claims
by the parties to this Award for changes to salaries, rates of pay, allowances,
or conditions of employment in relation to matters expressly contained in this
award.
26. Area, Incidence
and Duration
26.1 This Award shall
apply to all employees as defined in clause 2, Definitions of this Award.
26.2 This award rescinds and replaces the Crown
Employees (Education Employees Department of Justice – Corrective Services NSW)
Award 2016 published 15 January 2016 (378 I.G. 1058).
26.3 This Award shall
take
effect from the first full pay period to commence on or after 1 January 2017
and shall remain in force until 31 December 2017.
PART B
MONETARY RATES
Table 1 - Salaries
|
|
2.5 % from the
first pay period commencing
|
|
|
on or after 1
January 2017
|
|
|
$
|
|
Teacher and Correctional Education Officer
|
|
|
Step 1
|
83,223
|
|
Step 2
|
85,571
|
|
Step 3
|
88,913
|
|
Step 4
|
93,297
|
|
Senior Correctional Education Officer
|
|
|
Step 1
|
105,998
|
|
Step 2
|
109,275
|
I. TABBAA, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.