Crown Employees (Technical Officers - Treasury)
Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00006299)
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
5. Dispute
Resolution Procedure
6. Anti-Discrimination
7. Area,
Incidence and Duration
PART B
MONETARY RATES
PART A
1. Title
This award shall be known as the Crown Employees
(Technical Officers - Treasury) Award.
2. Definitions
"Act" shall mean the Government Sector
Employment Act 2013.
"Award" shall mean the Crown Employees
(Technical Officers - Treasury) Award
"Association" shall mean the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
"Officer" means and includes all persons in
ongoing or temporary employment under the provisions of the Government
Sector Employment Act 2013, or other appropriate Acts, and who, as at the
operative date of this award, were occupying one of the positions covered by
this award or who, after that date, are appointed to or employed in one such
position.
"Treasury" refers to New South Wales Treasury
3. Salaries
(i) All officers
shall be paid in accordance with the salary structure set out in Table 1 -
Salaries, of Part B, Monetary Rates.
(ii) Work value
alone is not sufficient to have a position classified and graded as a Grade 1
or Grade 2 Technical Officer - Treasury. Other factors must also be satisfied
such as skill shortage, specialist skills and use on the job of higher level
competencies.
(iii) Pay movements
within each grade will be based on a pre-defined matrix comprised of
competency, performance, market relationship and degree of speciality.
(iv) Progression is
not incremental in nature.
4. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
(i) An employee
may elect, subject to the agreement of Treasury, to enter into a Salary Packaging
Arrangement in accordance with the provisions of Clause 5 of the Crown
Employees (Public Sector - Salaries 2016) Award or any variation or replacement
Award.
(ii) Officers are
eligible for salary packaging of the private use component of motor vehicles
subject to the benefit’s monetary value being determined in accordance with the
methodology applicable to Public Service Senior Executives.
5. Dispute Resolution
Procedure
(i) All 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 at higher levels of authority within Treasury, if
required.
(ii) An officer is
required to notify (in writing or otherwise) their Director as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter and, if possible, state the remedy sought.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the staff member to advise their
immediate manager, the notification may occur to the next appropriate level of
management, including, where required, to the appropriate Division Head or
Delegate.
(iv) The Director
shall convene a meeting in order to resolve the grievance, dispute or
difficulty within two (2) days, or as soon as practicable, of the matter being
brought to attention.
(v) If the matter remains
unresolved with the Director, the officer may request to meet the appropriate
Executive Director in order to resolve the matter. This manager shall respond
within two (2) days, or as soon as practicable. This sequence of reference to
successive levels of management may be pursued by the member of staff until the
matter is referred to the Secretary, NSW Treasury.
(vi) The Secretary,
NSW Treasury may refer the matter to the Industrial Relations Secretary for
consideration.
(vii) In the event
that the matter remains unresolved, the Secretary, NSW Treasury shall provide a
written response to the member of staff and any other party involved in the
grievance, dispute or difficulty, concerning action to be taken, or the reasons
for not taking action, in relation to the matter.
(viii) An officer may
request to be represented by an Association representative.
(ix) The officer or
Association on their behalf, or the Secretary, NSW Treasury may refer the
matter to the Industrial Relations Commission of New South Wales if the matter
is unresolved following the use of these procedures.
(x) The officer,
Association, Treasury and the Industrial Relations Secretary shall agree to be
bound by any lawful recommendation, order or determination by the Industrial
Relations Commission of New South Wales in relation to the grievance, dispute
or difficulty.
(xi) Whilst the
procedures are being followed, normal work undertaken prior to notification of
the grievance or dispute shall continue unless otherwise agreed between the
parties, or in the case of a dispute involving Occupational Health and Safety.
If practicable, normal work shall proceed in such a manner as to avoid any risk
to the health and safety of any officer or member of the public.
6. Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
7. Area, Incidence and
Duration
(i) This Award
shall apply to all staff employed as Technical Officers in New South Wales
Treasury.
(ii) Technical
Officers are entitled to the conditions of employment provided by this Award,
the Government Sector Employment Act 2013 and the Government Sector Employment Regulation 2014. The
provisions of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 and the Crown Employees (Public Sector - Salaries 2016)
Award or any replacement award, also apply to officers covered by this Award,
except where specifically varied by this Award.
(iii) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 28 April 1999 (310 I.G. 359) take effect on and from 2 August 2016.
(iv) Changes made
to this award subsequent to it first being published on 26 October 2007 (364
I.G. 39) have been incorporated into this award as part of the review.
(v) The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
Technical Officers - Treasury
|
Classification and Grades
|
1.7.16
|
|
Per annum
|
|
2.50%
|
|
$
|
Technical Officers - Treasury
|
|
Grade 1
|
145,996
|
|
152,505
|
|
159,227
|
|
165,847
|
Technical Officers - Treasury
|
|
Grade 2
|
168,546
|
|
175,272
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.