Crown Employees (Department of Environment and Climate Change - Parks and Wildlife Group) Field Officers and Skilled Trades Salaries and Conditions 2009 Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Director of Public Employment.

 

(No. IRC 740 of 2011)

 

 

VARIATION

 

1.        Delete the definition "Department" in clause 3, Definitions of the award published 28 August 2009 (368 I.G. 1339) and insert in lieu thereof the following:

 

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

 

2.        Delete the definition "Director General" in clause 3, and insert in lieu thereof the following:

 

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

 

3.        Insert after the definition "Fieldwork", in clause 3, the following new definition:

 

"Field Officer" (Bush Fire Management Program Classifications) are for the Bush Fire Management Funding Program 2010.

 

4.        Delete paragraph 13.4.2 of subclause 13.4 of clause 13, Hours of Work, and insert in lieu thereof the following new paragraphs, and renumber the existing paragraph 13.4.3 to read as 13.4.7.

 

13.4.2 Defining Monday to Friday Workers

 

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

 

(ii)       Following the original determination in 13.4.2(i) above, the Review Committee will meet to review that determination within 12 months.  

 

(iii)      Subsequent to the review in 13.4.2(ii) above, any further changes will be the subject of consultation between the local delegate and manager based on principles agreed between the parties including operational needs.

 

(iv)      New employee(s) will only be offered a Monday to Friday Roster position if a vacancy exists in this category as determined in clause 13.4.2 (i) and (iii).

 

(v)      Disputes arising from the process will be dealt with pursuant to clause 39, Industrial Grievance Procedure

 

13.4.3 Conversion from Monday to Friday to Seven Day Roster Worker

 

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

 

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

 

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

 

11 weekend days and/or public holidays (total) in a calendar year in the case of employees who receive an 8.5% loading,

 

the employee will have the option of choosing to remain a Monday to Friday Day Worker or make a claim to the Department (and the department will not unreasonably withhold agreement) to have the position converted to a Seven Day Roster Worker position that attracts the loading; or

 

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

 

(ii)       Nothing in this clause is intended to derogate from the rights of employees’ opt in/opt out rights in clause 13.4.6 below.

 

13.4.4 Temporary Field Officer - Bushfire Management Program

 

(i)       This clause contains temporary arrangements for the Enhanced Bush Fire Management Program of 2010. These arrangements will apply for a limited period of 3 years expiring on 30 June 2014 and may be extended for a defined period by agreement between the AWU and management.

 

(ii)       Field Officers- Bushfire Management Program, Senior Field Officers- Bushfire Management Program, Field Supervisors- Bushfire Management Program and Senior Field Supervisors- Bushfire Management Program are specific classifications directly connected to the Enhanced Bush Fire Management Program. These employees will be entitled to the same rate of pay and conditions, with the exception of the shift loading, as employees in the Field Officer, Senior Field Officer, Field Supervisor and Senior Field Supervisor classifications. 

 

(iii)      All employees employed in Field Officer - Bushfire Management Program classifications (as defined in clause (ii)) are classified as Monday to Friday Workers including current employees that transfer to these classifications.

 

(iv)      Employees in Hazard Reduction classifications as defined in clause (ii) can be converted to a Seven Day Roster Worker position in accordance with clause 13.4.3.

 

(v)      When an employee who has worked in a Hazard Reduction classification returns to their previous substantive position as a Seven Day Roster Worker, they will be entitled to loading pursuant to clauses 13.4.5 (vii) -or (viii) from the date of return.

 

(vi)      New employees that are employed to backfill Seven Day Roster positions vacated by employees who transfer to Field Officer - Hazard Reduction classifications will be employed as Seven Day Roster Workers.

 

13.4.5 Seven Day Roster Workers

 

(i)       Seven Day roster worker is the default category of employment for the classifications listed in subclause 13.4.5 (ii) except where subclauses 13.4.2, 13.4.3 and 13.4.4 apply.

 

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

 

(iii)      Seven Day Roster Worker employees who were employed prior to 30 August 2010 and who receive the relevant loading under the Award will continue to be entitled to the loading until the employee chooses to opt out and their proposal is agreed to by the local manager pursuant to clause 13.4.6.  Current Employees will retain the loading should they transfer or win a promotion to another position as defined in the default employment category.

 

(iv)      Ordinary hours for officers are to be worked from Monday to Sunday (inclusive) within the bandwidth of 6 a.m. to 8 p.m., unless otherwise agreed to between the Department and the officer concerned.

 

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

 

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

 

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

 

(viii)    A loading of 8.5% of annual base salary is payable to Field Supervisors and Senior Field Supervisors who hold designated Seven Day Roster positions for working up to a maximum of 22 combined weekend days (i.e. Saturdays or Sundays), and 3 Public Holidays and is in lieu of all other penalty rates.

 

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

 

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

 

Table 3

 

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

 

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

 

13.4.6 Opt Out and Opt in

 

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

 

(a)      clause 13.4.2 being satisfied; and,

 

(b)      with written approval from the Department.

 

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

 

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

 

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

 

5.        Insert after subclause 14.5 of clause 14, Variation of Hours, the following new subclause:

 

14.6    In respect of Hazard Reduction Burns, there is a period of two months in each calendar year where the daily bandwidth of hours will be 6am to 10pm.  The Regional Manager in consultation with the local delegates will determine the designated period or 2 periods each calendar year where employees, during these designated period/s, may be called upon to work on Hazard Reduction Burns on 24 hours notice without the payment of the additional 25% loading penalty.

 

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

 

Crown Employees (Public Service Conditions of Employment) Award 2009

 

7.        Delete the words "clause 74" in clause 24, Family and Community Service Leave, and insert in lieu thereof the following:

 

clause 71

 

8.        This variation is to take effect from 27 May 2011.

 

 

 

 

M. J. WALTON J , Vice-President

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.