CROWN EMPLOYEES (HOUSEHOLD STAFF - DEPARTMENT OF EDUCATION AND TRAINING)
WAGES AND CONDITIONS AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1813 of 2004)
|
Before The Honourable
Mr Deputy President Harrison
|
18 August 2004
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Dictionary
3. Wages
3A. Deduction
of Union Membership Fees
4. Wage Sacrifice
for Superannuation and Wage/Salary Packaging Arrangements
5. Classification
Structure
6. Hours of
Work
7. Broken
Shift Allowance
8. Work
Performed on Weekends
9. Leave
10. Family and
Community Service Leave
11. Bereavement
Leave
12. Personal/Carer’s
Leave
13. Higher
Duties
14. Dispute
and Grievance Resolution Procedures
15. Public
Holidays
16. Overtime
17. Anti-discrimination
18. Training
and Development
19. Multiskilling
20. Performance
Management Scheme
21. Flexible
Work Organisation
22. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Allowances
PART A
1. Title
This Award Shall be Known as the Crown Employees (Household
Staff - Department of Education and Training) Wages and Conditions Award.
2. Dictionary
2.1 "Act"
means the Public Sector Employment and Management Act 2002.
2.2 "ALHMWU"
means Australian Liquor, Hospitality and Miscellaneous Workers Union, Liquor
and Hospitality Division, New South Wales Branch.
2.3 "Casual
Employee" means any employee engaged as such who is not an officer or
temporary employee.
2.4 "Employee"
means a person employed as an officer on probation, or officer employed in any
capacity under the provisions of Part 2 of the Act, or a temporary employee
employed under s.27 of the Act, who is classified under this award and employed
in either a full time or part time capacity.
2.5 "Department"
means the Department of Education and Training, as specified in Schedule 1 of
the Act.
2.6 "Household
Staff" means and includes all employees permanently or temporarily
employed under the provisions of the Act in a residential agricultural high
school,
"Household Staff Grade 1" and occupies a
position of Kitchen Hand or Useful, Cleaner, Room Attendant, Dining Room
Attendant, Laundry Attendant, Stores Steward;
"Household Staff Grade 2" and occupies a
position of Butcher (casual), Cook (unqualified);
"Household Staff Grade 3" and occupies a
position of Laundry Supervisor, Cook (qualified), Dining Room Supervisor,
Housekeeper/Cleaning Supervisor;
"Household Staff Grade 4" and occupies a
position of First Cook (qualified);
"Household Staff Grade 5" and occupies a
position of Catering Supervisor.
2.7 "Normal
Work" means the duties and responsibilities relevant to the statement of
duties or position description of an employee or employees.
2.8 "PEO"
means the Public Employment Office.
2.9 "Principal"
means a teacher appointed as such to be responsible for the management, organisation,
supervision and efficiency of a residential agricultural high school and all
departments within that school or his or her nominee.
2.10 "Regulation"
means the Public Sector Employment and Management (General) Regulation, 2002.
2.11 "Residential
Agricultural High School" means Farrer Memorial Agricultural High School,
Hurlstone Agricultural High School or Yanco Agricultural High School.
2.12 "School"
refers specifically to either:
Yanco Agricultural High School; or
Hurlstone Agricultural High School; or
Farrer Memorial Agricultural High School.
2.13 "Wage
Rates" means the ordinary time rate of pay for the employee’s grading,
excluding shift allowances, weekend penalties, and all other allowances not
regarded as wages.
3. Wages
3.1 Subject to the
provisions of the Act, and the regulations thereunder, the wage rates as set
out in Table 1 - Wages, of Part B, Monetary Rates shall be paid to full time
employees appointed to the positions specified.
3.2 The maximum
rates of pay for part time employees shall be the hourly equivalent of the
ordinary weekly rate of pay of the classification in which the employee is
engaged for the actual number of hours worked.
3.3 The hourly
equivalent for the purpose of subclause 3.2 shall be:
3.3.1 based on 38
hours per week where a part time employee is not accruing credits towards
rostered days off but is paid only for hours worked; or
3.3.2 based on 40
hours per week where a part time employee is accruing credit for time worked towards
rostered days off in accordance with subclause 5.2 of this award.
3.4 Casual
employees shall be paid at the rate of one thirty eighth of the weekly rates
prescribed in respect of the classification for which the employee is casually
employed, with a minimum of three hours pay for each engagement, with
additional loadings as follows:
3.4.1 a loading of 33
1/3% for casual work Monday to Friday;
3.4.2 a loading of
50% for casual work on Saturday;
3.4.3 a loading of
75% for casual work on Sunday;
3.4.4 a loading of
150% for casual work on a public holiday.
3.5 The casual
loading of 33 1/3% for casual work Monday to Friday consists of 25% plus 8 1/3%
or one twelfth pro-rata annual leave.
3.6 The casual
hourly rates of pay are inclusive of all forms of leave except for long service
leave entitlements which accrue according to the provisions of the Long
Service Leave Act 1955.
3.7 The wage rates
as set out in Table 1 - Wages, of Part B, Monetary Rates shall be adjusted in
line with the Crown Employees (Wages Staff) Rates of Pay Award or any
variations to or successor instruments to the said award.
3A. Deduction of
Union Membership Fees
3A.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
3A.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
3A.3 Subject to (3A.1)
and (3A.2) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
3A.4 Monies so
deducted from employees' pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
3A.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
3A.6 Where an employee
has already authorised the deduction of union membership fees from his or 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.
4. Wage Sacrifice for
Superannuation and Wage/Salary Packaging Arrangements
4.1 The provisions
of clause 7 Wage Sacrifice for Superannuation and clause 8 Wage Salary
Packaging arrangements in the Crown Employees Wages Staff (Rates of Pay) Award
2002 or any variation to or successor instruments to the said award shall
apply.
5. Classification
Structure
5.1 From the date
of the making of this award employees in the "current
classifications" as shown in Part B, Table 1 - Wages shall transfer to one
of the following classifications:
5.1.1 Household Staff
- Grade 1
Household staff Grade 1 means a person employed in the
following classifications: Kitchenhand, Useful, Cleaner, Dining Room Attendant,
Laundry Attendant, Stores Steward.
A Grade 1 position is one where the employee:
undertakes for a substantial part of the time routine
or repetitive duties involving the application of clearly prescribed standard
procedures requiring the use of some discretion; and
works under direct supervision, either individually or
as a member of a team, to a level of training held by the individual.
Without limiting the foregoing, a Grade 1 employee may
be required to perform the following indicative duties:
non-cooking duties in the kitchen including the
assembly, preparation and measurement of food items;
completion of basic stock control documentation such as
requisition and ordering of goods;
general cleaning of dormitories, dining areas or other
public areas of the boarding school;
purchasing and stock control duties, including receipt,
ordering and inventory control of goods, ordering goods of a type directed by
the employer from approved suppliers;
general room attendant duties in boarding houses; and
repairs to linen or clothing.
5.1.2 Household Staff
- Grade 2
Household staff Grade 2 means a person employed in the
following classifications: Butcher (casual), Cook (unqualified).
A Grade 2 position is one where the employee:
undertakes duties which involve some initiative and
decision making to a level of training held by the individual; and
has responsibility for the quality of their own work
subject to routine supervision.
Without limiting the foregoing, a Grade 2 employee may
be required to perform the following indicative duties:
basic cooking duties including the preparation of
standard meals, baking and pastry cooking of a variety of food items;
butchering and preparation of the various cuts of
mutton, beef and pork, as required by the daily menus; and
clean and conduct routine maintenance of equipment, eg.
band saw, mincer, hand saw, knives, in compliance with occupational health and
safety requirements and ensure that all work processes comply with the
legislative requirements set by the NSW Meat Industry Authority.
5.1.3 Household Staff
- Grade 3
Household staff Grade 3 means a person employed in the
following classifications: Laundry Supervisor, Dining Room Supervisor,
Housekeeper/Cleaning Supervisor, Cook (qualified).
A Grade 3 position is one where the employee:
works under minimal supervision to a level of training
held by the individual;
plans their own and other work schedules as approved by
the employer;
assists in the training and supervision of employees at
lower levels; and
is competent in technical areas as required for the
position.
Without limiting the foregoing, a Grade 3 employee may
be required to perform the following indicative duties:
general cooking duties including the preparation of
standard meals, baking and pastry cooking of a variety of food items;
supervise persons in the delivery of goods or items to
students from the dining room;
is responsible for the supervision and control of
domestic staff and who may be required to perform the duties of domestic staff;
and
manages all facets of the boarding school’s cleaning
services including the preparation of duty rosters and supervision of staff to
ensure the provision of an efficient cleaning and laundry service.
5.1.4 Household Staff
- Grade 4
Household staff Grade 4 means a person employed in the
classification of First Cook (qualified).
A Grade 4 position is one where the employee:
receives limited instructions regarding work
assignments and usually works without supervision;
is regularly required to exercise independent
initiative and judgement;
directly supervises a small group of employees in a
section of the school;
would be expected to have completed an apprenticeship
or have passed the appropriate trade test in cookery, baking or pastry cooking
and have completed appropriate additional training and who is engaged in
supervising other trade-qualified cooks; or
would be expected to have undertaken and completed
skill developing programs relevant to the skills and duties required to be
undertaken. This requirement may be
satisfied by Department of Education and Training sponsored programs, relevant
trade qualification and/or post-secondary training which may include TAFE
training or recognition of relevant prior learning or practical experience
accepted by the Department.
Without limiting the foregoing, a Grade 4 employee may
be required to perform the following indicative duties:
cooking duties including a la carte cooking, baking,
pastry cooking or butchery and the supervision of the operation;
oversee proper preparation of ingredients by kitchen
staff in time for cooking and maintain detailed account of daily menus in
Chef’s Register;
conduct daily routine maintenance and cleaning of
kitchen equipment and facilities; and
conduct routine maintenance and thorough cleaning of
kitchen equipment and facilities during school vacation breaks.
5.1.5 Household Staff
- Grade 5
Household staff Grade 5 means a person employed in the
classification of Catering Supervisor.
A Grade 5 position is one where the employee:
requires minimal instruction in the performance of
their duties;
exercises substantial responsibility and independent
initiative and judgement with a detailed knowledge of workplace procedures and
of the employer’s business;
has responsibility for employees in one or more
sections of the school; and
is required to have undertaken and completed
post-secondary training provided by an accredited training provider relevant to
the tasks required by the Department for this grade, or has engaged in
extensive equivalent in-service training, or has significant and substantial
technical and procedural knowledge which is regarded by the Department to be
equivalent to the required post-secondary training.
Without limiting the foregoing, a Grade 5 employee may
be required to perform the following indicative duties:
menu planning and preparation of duty rosters; and
supervision of staff to ensure provision of efficient catering service; and
supervision, training and co-ordination of staff,
responsibility for their efficient allocation and control, in one or more
sections of the school.
6. Hours of Work
6.1 Subject to
subclause 6.1.3 of this clause the ordinary hours of work shall not exceed an
average of 38 hours per week where a weekly roster is observed or 76 hours per
fortnight where a fortnightly roster is observed. Such ordinary hours shall be worked in five days on a weekly
roster or in ten days on a fortnightly roster and within a margin of fourteen
hours per day provided that in order to provide household staff with greater
flexibility and to provide the schools with improved efficiency in rostering
provisions:
6.1.1 the margin for
the ordinary hours of work on any one day shall be 6.00 am to 8.00 pm. The margin of hours shall be calculated from
the time of starting to the time of finishing and shall include all time for
meals.
6.1.2 the actual
ordinary hours worked by a full time employee in any week may, by written agreement
between the principal and the employee, be averaged over a period of four weeks
between the hours of 6.00 am and 8.00 pm provided that:
(i) the total
ordinary hours worked in the four week period must not exceed 152 hours;
(ii) full time
employees are required to be on duty for a minimum of three hours on any one
rostered day.
6.1.3 the ordinary
hours as specified in subclause 6.1 of this clause shall be arranged so that
the hours worked on each day shall include a proportion of one hour (such proportion
will be on the basis of 0.4 of one hour for each eight ordinary hours
worked). The proportion shall
accumulate to allow the employee to take one rostered day off in each twenty
day, four week cycle, paid for as though worked, with a maximum of twelve days
per annum.
6.1.4 where the day
off provided under subclause 6.1.3 of this clause is taken on a rostered basis,
where practicable the day chosen shall be one preceding or following the
employee's normal rostered day(s) off. Another day shall be substituted where a
public holiday occurs on the rostered day off.
6.1.5 by agreement of
the principal rostered days off may accumulate and may be scheduled during the
appropriate vacation periods to suit the needs of the employer. Such accumulation is not to exceed five
days. Dates for the taking of such accumulated leave shall be agreed mutually
between the employee and principal throughout the year.
6.1.6 an employee who
has not worked a complete four week cycle shall receive pro rata accrued
entitlements in respect of the rostered day off.
6.1.7 each day of
paid sick leave taken during any cycle of four weeks shall be regarded as a day
worked for accrual purposes.
6.1.8 accrued
rostered days off, where taken, shall be regarded as days worked for accrual
purposes in the particular twenty day shift cycle.
6.1.9 time towards a
rostered day off shall not accrue whilst an employee is on the first four weeks
of recreation leave accrued each year.
6.1.10 where an
employee is absent on extended leave and/or worker's compensation during a
cycle and returns prior to the end of that cycle, time absent during that cycle
shall count towards the accrual of time for the purpose of taking a rostered
day off during that cycle. An employee who is absent on extended leave and/or
worker's compensation for a full cycle shall not be entitled to accumulate time
towards a rostered day off during that cycle.
6.1.11 employees on an
ordinary weekly or fortnightly roster shall be granted two days off duty each
week.
6.1.12 shift rosters
may be changed on seven days notice or at any time by mutual consent, or in
exceptional circumstances on twelve hours notice if rendered necessary by the
absence of other employees from duty or shortage of staff, or other exceptional
circumstances.
6.2 Part time
employees who work regular hours on a five day basis shall be entitled, by
mutual agreement between the principal and the employee, to the benefit of the
38 hour week, 19 day month on a pro rata basis.
6.3 Casual employees
shall not be eligible to accumulate time in accordance with the provisions of
this award for the benefit of the 38 hour week, 19 day month.
6.4 The starting
and finishing times of employees shall be as determined by the principal to
suit the needs of the school following consultation with the employees.
6.5 Employees
cannot be required to work more than five hours in one continuous period
without an unpaid meal break of at least 30 minutes.
6.6 No employee
shall be eligible for sick leave when on rostered days off arising from the 38
hour week, 19 day month.
7. Broken Shift
Allowance
7.1 The additional
payment prescribed by this clause shall not apply to time worked on Saturday and
Sunday where allowances are payable in terms of clause 8, Work Performed on
Weekends, or in the computation of overtime rates.
7.2 Employees who
are required to work a broken shift shall be paid an amount as set out in Part
B Table 2 - Allowances, as a broken shift allowance.
8. Work Performed on
Weekends
8.1 Time worked on
Saturdays and Sundays, other than that worked as overtime, shall be paid for at
the rate of:
Saturday - time and one half;
Sunday - time and three quarters;
provided that a shift in which the majority of hours
are worked on a Saturday or Sunday shall, for the purpose of this clause, be
regarded as a Saturday or Sunday shift as the case may be.
9. Leave
9.1 General -
9.1.1 General leave
conditions of employees under this Award shall be regulated in accordance with
the provisions contained within the Act and Regulation.
9.2 Stand Down -
9.2.1 When schools
are in recess and it is necessary to stand down staff, employees employed in
such schools shall be paid half ordinary pay for the period during which they
have been stood down, provided that they have been continuously employed for
the school term immediately preceding and for the school term immediately
following the period of recess.
9.3 Additional
Leave -
9.3.1 Employees who
are regularly rostered to perform duty on Sundays and public holidays shall be
granted additional leave on the following basis:
|
Number of Ordinary
Shifts Worked on
|
Additional Leave
|
|
Sundays and/or
Public Holidays
|
|
|
|
|
|
4‑10
|
1 additional days
leave
|
|
11‑17
|
2 additional days
leave
|
|
18‑24
|
3 additional days
leave
|
|
25‑31
|
4 additional days
leave
|
|
32 or more
|
5 additional days
leave
|
9.4 Sick Leave -
9.4.1 Sick leave shall
be granted in accordance with Public Sector Employment and Management (General)
Regulation 1996, Part 6, Division 9.
9.4.2 No employee
shall be eligible for sick leave when on rostered leave arising from the 38
hour week, 19 day month.
9.4.3 In accordance
with existing provisions the employer will exercise the right to call for proof
of illness.
9.5 Annual Leave
Loading -
9.5.1 An employee,
other than a casual employee, is entitled to payment of an annual leave loading
of 17.5% on the monetary value of up to four weeks recreation leave accrued in
a leave year provided that:
(i) where
additional leave is accrued by an employee as compensation for work performed
regularly on Sundays or public holidays, the annual leave loading shall be
calculated on five weeks; and
(ii) shift workers
proceeding on recreation leave are eligible to receive the more favourable of:
(a) the shift
premiums and penalty rates which they would have received had they not been on
recreation leave; or
(b) 17.5% annual leave
loading.
10. Family and
Community Service Leave
10.1 The principal
of the school shall, in the case of emergencies or in personal or domestic
circumstances, grant to an employee some or all of the available family and
community service leave on full pay.
10.2 Such cases may
include, but are not limited to, the following:
10.2.1 compassionate
grounds, such as the death or illness of a close member of the family or a
member of the employee’s household;
10.2.2 accommodation
matters up to one day, such as attendance at court as defendant in an eviction
action, arranging accommodation, or when required to remove furniture and
effects;
10.2.3 emergency or
weather conditions, such as when flood, or snow, etc., threaten and/or prevent
an employee from reporting for duty; and
10.2.4 other personal
circumstances, such as citizenship ceremonies, parent/teacher interviews or
attending a child’s school for other reasons.
10.3 Attendance at
court by an employee to answer a charge for a criminal offence, if the
principal of the school considers the granting of family and community service
leave to be appropriate in a particular case.
10.4 Employees who
are selected to represent Australia or the State as competitors in major
amateur sport (other than Olympic or Commonwealth Games).
10.5 Employees who
hold office in Local Government other than as a Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council, to attend
meetings, conferences or other duties associated with that office where those
duties necessitate absences during normal working hours.
10.6 The maximum
amount of family and community service leave on full pay which may, subject to
this award, be granted to an employee shall be the greater of the leave
provided in subclauses 10.6.1 and 10.6.2:
10.6.1 two and a half
of the employee’s working days in the first year of service and, on completion
of the first year’s service, five of the employee’s working days in any period
of two years; and
10.6.2 after the completion
of two years’ continuous service, the available family and community service
leave is determined by allowing one day’s leave for each completed year of
service, less the total amount of short leave or family and community service
leave previously granted to the employee.
10.7 If available
family and community service leave is exhausted as a result of natural
disasters, the principal of the school shall consider applications for
additional family and community service leave, if some other emergency
arises. On the death of a person
defined in subclause 12.1.3, additional paid family and community service leave
of up to two days may be granted on a discrete, per occasion basis to an
employee.
10.8 In cases of
illness of a family member for whose care and support the employee is
responsible, paid sick leave in accordance with subclause 12.1 shall be granted
when paid family and community service leave has been exhausted.
11. Bereavement Leave
11.1 Where available
family and community service leave is exhausted an employee, other than a
casual employee, shall be entitled to up to two days bereavement leave without
deduction of pay on each occasion of the death of a person prescribed in
subclause 12.1.3 below.
11.2 The employee
must notify the principal as soon as practicable of the intention to take
bereavement leave and will, if required by the principal, provide to the
satisfaction of the principal proof of death.
11.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave in subclause 12.1.3,
provided that, for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
11.4 An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
11.5 Bereavement
leave may be taken in conjunction with other leave available under subclauses
12.2, 12.3, 12.4, 12.5 and 12.6. In determining such a request the principal
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the school.
12. Personal/Carer’s
Leave
12.1 Use of Sick
Leave Entitlements
12.1.1 When family and
community service leave is exhausted, an employee, other than a casual
employee, with responsibilities in relation to a category of person set out in
subclause 12.1.3 of this clause who needs the employee’s care and support,
shall be entitled to use, available paid sick leave, subject to the conditions
specified in this clause, for absences to provide care and support for such
persons when they are ill. Such leave
may be taken for part of a single day.
12.1.2 The sick leave shall
initially be taken from the current leave year’s entitlement followed, if
necessary, by the sick leave accumulated over the previous three years. In special circumstances, the
Director-General may grant additional sick leave from the sick leave accumulated
during the employee’s eligible service.
12.1.3 The entitlement
to use sick leave in accordance with this clause is subject to:
(i) The employee
being responsible for the care and support of the person concerned; and
(ii) The person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse being a person of the opposite sex to the employee who lives with the
employee as her husband or his wife on a bona fide domestic basis although not
legally married to that employee; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or of spouse or of de facto
spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis;
(e) or a relative
of the employee who is a member of the same household, where for the purposes
of this definition:
1. "relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
2. "affinity"
means a relationship that one spouse or partner has to the relatives of the
other; and
3. "household"
means a family group living in the same domestic dwelling.
12.1.4 An employee
shall, wherever practicable, give the principal notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the principal by telephone of such absence at the first
opportunity on the day of absence.
12.2 Use of Unpaid
Leave for Family Purposes
12.2.1 An employee may
elect, with the consent of the principal, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
subclause 12.1.3 above who is ill.
12.3 Use of Annual
Leave -
12.3.1 An employee may
elect with the consent of the principal, subject to the Annual Holidays Act
1944 to take annual leave not exceeding five days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties.
12.3.2 Access to annual
leave, as prescribed in subclause 12.3.1 above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
12.3.3 An employee may
agree to defer payment of the annual leave loading in respect of single day
absences, until at least five consecutive annual leave days are taken.
12.4 Use of Time Off
in Lieu of Payment for Overtime -
12.4.1 An employee may
elect, with the consent of the principal, to take time off in lieu of payment
for overtime at a time or times agreed with the principal within twelve months
of the said election.
12.4.2 If, having
elected to take time as leave in accordance with subclause 12.4.1 above, the
leave is not taken for whatever reason payment for time accrued at overtime
rates shall be made at the expiry of the twelve month period or on termination.
12.4.3 Where no
election is made in accordance with subclause 12.4.1, the employee shall be
paid overtime rates in accordance with clause 16 of this award.
12.5 Use of Make-up
Time
12.5.1 An employee may
elect, with the consent of the principal, to work "make-up
time". "Make-up time" is
worked when the employee takes time off during ordinary hours for family or
community service responsibilities, and works those hours at a later time,
during the spread of ordinary hours, at the ordinary rate of pay.
12.5.2 An employee on
shift work may elect, with the consent of the principal, to work "make-up
time" (under which the employee takes time off during ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
12.6 Use of Rostered
Days Off
12.6.1 An employee may
elect, with the consent of the principal, to take a rostered day off at any
time.
12.6.2 An employee may
elect, with the consent of the principal, to take rostered days off in part day
amounts.
12.6.3 An employee may
elect, with the consent of the principal, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the principal and employee, or subject to reasonable notice by
the employee or the principal.
12.6.4 This subclause
is subject to the Director-General informing the ALHMWU of any intention to
introduce an enterprise system of rostered day off flexibility, and providing a
reasonable opportunity for the ALHMWU to participate in negotiations.
13. Higher Duties
13.1 Provisions
related to higher duties and acting allowances are prescribed in the
Regulation.
13.2 Payment of
higher duties is not to be made to another employee for undertaking some or all
of the duties of an employee who is absent on a rostered day off.
14. Dispute and
Grievance Resolution Procedures
14.1 Subject to the
provisions of the Industrial Relations Act 1996, should any dispute
(including a question or difficulty) about an industrial matter arise, then the
following procedures shall apply:
14.1.1 Should any
dispute, question or difficulty arise as to matters occurring in a particular workplace,
then the employee and/or ALHMWU workplace representative will raise the
dispute, question or difficulty with the principal/supervisor as soon as
practicable.
14.1.2 An employee may
request to be represented by an ALHMWU representative.
14.1.3 The
principal/supervisor will discuss the matter with the employee and/or
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.
14.1.4 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 ALHMWU may raise the matter
with an appropriate officer of the Department with a view to resolving the
dispute, question or difficulty or negotiating an agreed method and time frame
for proceeding.
14.1.5 Where the
procedures in subclause 14.1.4 do not lead to resolution of the dispute,
question or difficulty, the matter will be referred to the General Manager
Industrial Relations and Employment Services of the Department and the
Secretary of the ALHMWU. They or their
nominees will discuss the dispute, question or difficulty with a view to
resolving the matter or by negotiating an agreed method and time frame for
proceeding.
14.2 Should the
above procedures not lead to a resolution, then either party may make
application to the Industrial Relations Commission of New South Wales.
14.3 Whilst the above
procedures are being followed, normal work undertaken prior to notification of
the grievance or dispute shall continue unless otherwise agreed between the
parties. In the case of a dispute
involving occupational health and safety normal work shall proceed in such a
manner to avoid any risk to an employee of the Department or member of the
public. 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.
15. Public Holidays
15.1 Provisions
relating to public holidays are prescribed in the Regulation.
15.2 Where an
employee is required to and does work on a public holiday, the employee shall
be paid double time and a half for time worked. Such payment shall be in lieu of any other penalty rates that
would have been payable had the day not been a public holiday.
15.3 Where a public
holiday falls on an employee’s normal rostered day off and the employee is not
required to work on that day, the employee shall be paid one day’s pay for the
public holiday or have one day added to their annual holidays for each such
day. Provided that this provision shall
not apply to an employee who is regularly rostered to work Monday to Friday and
the public holiday falls on a Saturday or Sunday.
16. Overtime
16.1 The principal
may require any employee to work reasonable overtime and such employee shall
work overtime in accordance with such requirement, provided that an employee
shall have ten hours off duty between the termination of work on one day and
the commencement of ordinary work on the next day.
16.2 Subject to
clause 16.1, the principal may require an employee to work reasonable overtime
at overtime rates.
16.3 An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
16.4 For the
purposes of clause 16.2 what is unreasonable or otherwise will be determined
having regard to:
i) any risk to
an employee’s health and safety;
ii) the
employee’s personal circumstances including any family and carer
responsibilities;
iii) the needs of
the workplace or enterprise;
iv) the notice (if
given) by the principal of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
16.5 Subject to the
provisions of clause 6 of this award, overtime at the rate of time and one-half
for the first two hours and double time thereafter shall be paid for all time
worked:
16.5.1 in excess of the
daily rostered hours on any one day (inclusive of time worked for accrual
purposes in accord with the provisions for a 38 hour week, 19 day month); or
16.5.2 in excess of 38
hours per week where a weekly roster is observed; or
16.5.3 in excess of 76
hours per fortnight where a fortnightly roster is observed; or
15.5.4 in excess of 152
hours per four week period where a four week roster is observed; or
16.5.5 on normal
rostered days off; or
16.5.6 in excess of the
maximum spread of hours (inclusive of the time worked for accrual purposes in
accordance with the provisions of a 38 hour week, 19 day month).
16.6 Provided that
overtime worked on Sundays shall be paid for at the rate of double time and
where an employee is brought in to work overtime on a Sunday which is the
employee's rostered day off, the employee shall be paid for such overtime with
a minimum payment of four hours at that rate and provided that overtime worked
on a public holiday shall be paid at the rate of double time and one half.
16.7 An employee
required to work overtime of two hours or more without being notified on the
previous day or earlier shall be supplied with a meal by the employer.
16.8 In computing
overtime each day’s work shall stand alone.
16.9 For the purpose
of calculating overtime payments, the hourly rate of pay shall be determined by
dividing the weekly rate of pay by 38.
16.10 An employee who
works overtime may elect to take leave in lieu of payment for all or part of
the entitlement in respect of time worked.
16.11 The following
provisions shall apply to the leave in lieu:
16.11.1 the
employee shall advise the supervisor before the overtime is worked or as soon
as practicable on completion of overtime, that the employee intends to take
leave in lieu of payment;
16.11.2 the
leave shall be calculated at the same rate as would have applied to the payment
of overtime in terms of this clause;
16.11.3 the
leave must be taken at the convenience of the school, except when leave in lieu
is being taken to look after a sick family member in terms of subclause 12.1.1
of this award;
16.11.4 the
leave shall be taken in multiples of a quarter day;
16.11.5 leave
in lieu accrued in respect of overtime worked on days other than public
holidays shall be given by the school and taken by the employee within three
months of accrual unless alternate local arrangement have been made;
16.11.6 at
the employee’s election, leave in lieu accrued in respect of overtime worked on
a public holiday may be added to the employee’s annual leave and may be taken
in conjunction with annual leave; and
16.11.7 an
employee shall be paid for the balance of any overtime entitlement not taken as
leave in lieu.
17.
Anti-Discrimination
17.1 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.
17.2 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.
17.3 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.
17.4 Nothing in this
clause is to be taken to affect:
17.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
offering or providing junior rates of pay to persons under 21 years of age;
17.4.2 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977; and
17.4.3 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
17.5 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.
18. Training and
Development
18.1 The principal
will review, on annual basis, training and development opportunities for
household staff.
18.2 Training and
development will be based on:
18.2.1 current and
future job needs and career path planning; and
18.2.2 recognition of
each employee’s previous learning and building on this through the gaining of
new skills/competencies.
18.3 Attendance of
household staff at approved training and development activities during the
hours of 6.00 am to 8.00 pm is to be regarded as being on duty.
18.4 Approved
training and development activities will be conducted, wherever possible, between
the hours of 6.00 am to 8.00 pm.
18.5 Any actual
necessary expenses relating to travel, meals and accommodation incurred in
attending approved training and development activities will be reimbursed by
the Department.
19. Multiskilling
19.1 Taking into
account an employee’s experience and training, a principal may require an
employee to perform any of the duties appropriate to their classification or of
a lower classification without any reduction in pay.
20. Performance
Management Scheme
20.1 Objectives -
20.1.1 Develop and
improve the quality of employee performance.
20.1.2 Focus work on
the objectives of the Department’s strategic plan and the school’s plan.
20.1.3 Provide performance
related guidance and feedback on performance and achievements of objectives.
20.1.4 Provide
opportunities for employees to provide input into school planning.
20.1.5 Support
employee’s career development needs.
20.2 Principles -
20.2.1 The work of
employees is centred on providing support to schools as identified in the
school’s plan.
20.2.2 Performance
Management:
(i) Focuses on
the achievement of agreed objectives based on the Department’s strategic plan
and the school’s plan;
(ii) Focuses on
recognition of employee performance and development of skills;
(iii) Provides
feedback which enables employees to improve the quality of their work;
(iv) Is a continuous
and systematic process with clearly stated purposes;
(v) Provides for
review and reassessment of the roles and responsibilities of employees within
the context of changes in the school’s plan; and
(vi) Includes
regular progress review meetings and an annual performance meeting between the
employee and supervisor to provide feedback on performance and achievements and
to identify training and development needs.
20.3 Process -
20.3.1 The employee and
supervisor will use negotiated processes to decide upon:
(i) The work objectives
of the individual employee consistent with the priorities identified in the
school’s plan;
(ii) The frequency
of regular progress meetings using as a base a minimum of four meetings per
year; and
(iii) Procedures
for documenting and reporting on achievement, and providing feedback on
achievement.
20.4 Documentation -
20.4.1 Documentation
should be kept to a minimum and should satisfy all parties that a process has
taken place and has been evaluated.
Documentation should remain confidential to the participants.
20.4.2 Regular progress
review meetings do not require documentation unless agreed to by the employee
and the supervisor.
20.4.3 The annual
performance meeting provides an overall evaluation for the review period in
which the supervisor, in consultation with the employee will write an annual
report summarising:
(i) Performance
and achievements during the year.
(ii) Training and
development plans for the ensuing year.
(iii) Work
objectives for the ensuing year.
21. Flexible Work Organisation
21.1 In order to
improve services to students or to improve employee’s working arrangements, the
following process provides for the principal and employees of a school to vary
the school’s organisation in the following manner:
21.1.1 The principal or
employees may propose a variation to existing organisational/working
arrangements.
21.1.2 The proposal
must be capable of being implemented within the school’s overall current
staffing entitlement.
21.1.3 The proposal
must be agreed to by the principal and the majority of employees.
21.1.4 Consultation,
where appropriate, must also take place with teaching staff, parents, students
and relevant community groups.
22. Area, Incidence
and Duration
22.1 This award
covers all household staff, permanently or temporarily employed under the Act
in a residential high school in the following classifications:
Household Staff Grade 1
Household Staff Grade 2
Household Staff Grade 3
Household Staff Grade 4
Household Staff Grade 5
22.2 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Household Staff -
Department of School Education) Wages and Conditions Award 1995 published 12
April 2001 (323 IG 942) and all variations thereof, save for the second
paragraph of clause 21, Area, Incidence and Duration of this said award.
22.3 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 IG 359) take effect on and from 18 August 2004.
PART B
MONETARY RATES
Table 1 - Wages
Household Staff -
|
Current
Classification
|
New Classification
|
Weekly Rate
Effective from 4.7.03
|
|
|
Household Staff Grade 1
|
|
|
Kitchen Hand
|
Kitchen Hand or Useful
|
|
|
Useful
|
Cleaner
|
|
|
Housemaid
|
Room Attendant
|
$509.60 pw
|
|
Waitress
|
Dining Room Attendant
|
|
|
Laundress
|
Laundry Attendant
|
|
|
Stores Steward
|
Stores Steward
|
|
|
|
Household Staff Grade 2
|
|
|
Butcher (casual)
|
Butcher (casual)
|
|
|
Second Cook (2/1 Cooks)
|
Cook (unqualified)
|
$515.20 pw
|
|
Third Cook (3 Cooks)
|
Cook (unqualified)
|
|
|
|
Household Staff Grade 3
|
|
|
Laundry Supervisor
|
Laundry Supervisor
|
|
|
Second Cook (4/3 Cooks)
|
Cook (qualified)
|
|
|
Dining Room Supervisor
|
Dining Room Supervisor
|
$530.70 pw
|
|
Housekeeper/Cleaning
|
Housekeeper/Cleaning
|
|
|
Supervisor
|
Supervisor
|
|
|
|
Household Staff Grade 4
|
|
|
First Cook (2/1 Cooks)
|
First Cook (qualified)
|
$558.50 pw
|
|
|
Household Staff Grade 5
|
|
|
First Cook (4/3 Cooks)
|
Catering Supervisor
|
$583.40 pw
|
Table 2 -
Allowances
|
Clause
|
Description
|
Rate
|
|
Clause 6
|
Broken Shift Allowance
|
$7.66
|
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.