Crown Employees (NSW Department of Justice) Museum
of Applied Arts and Sciences - Casual Guide Lecturers Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00006949)
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Before Commissioner Stanton
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2 August 2016
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REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Intention
4. Wage
Rates and Conditions of Employment
5. Deduction
of Association Membership Fees
6. Grievance
and Dispute Resolution Procedures
7. Anti-Discrimination
8. Parties
to this Award
9. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1-Wages
Appendix A
PART A
1. Title
This award shall be known as the Crown Employees (NSW
Department of Justice ) Museum of Applied Arts and Sciences - Casual Guide
Lecturers) Award.
2. Definitions
"Act" means the Government Sector Employment Act 2013.
"Award" means
Crown Employees (NSW Department of Justice) Museum of Applied Arts and
Sciences - Casual Guide Lecturers) Award.
"Association" means the Public Service
Association and Professional Officers Association Amalgamated Union of New
South Wales.
"Department" means the NSW Department of
Justice.
"Department Head" means the Secretary of the
NSW Department of Justice.
"Director" means the Chief Executive Officer
of the Museum of Applied Arts and Sciences.
“Employee” means a
person employed in casual employment in a Public Service agency in accordance
with s3 of the Actand who occupies a role as a Casual Guide Lecturer,
covered by this Award.
“Employer” means the Secretary of the Department of
Justice.
"Industrial Relations Secretary" means the
Secretary of Treasury in accordance with s49 of the Act.
3. Intention
The purpose of this award is to regulate the rates of
pay and conditions of employment of Casual Guide Lecturers.
4. Wage Rates and
Conditions of Employment
(i) The casual
hourly rate for a Casual Guide Lecturer is set out in Part B, Table 1 -
Monetary Rates. This rate is set in
accordance with the Crown Employees (Public Sector - Salaries 2016) Award and any variation or replacement
award.
(ii) Casual Guide
Lecturers shall also receive the following entitlements in accordance with the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009.
(a) Unpaid
parental leave in accordance with paragraph 12.5.4;
(b) Personal
Carer's entitlement in accordance with subclause 12.6; and
(c) Bereavement
entitlement in accordance with subclause 12.7.
This entitlement is also set out at Appendix A of this
Award.
5. Deduction of
Association Membership Fees
(i) The
Association shall provide the employer with a schedule setting out Association
fortnightly membership fees payable by members of the Association in accordance
with the Association's rules.
(ii) The
Association shall advise the employer of any change to the amount of
fortnightly membership fees made under its rules. Any variation to the schedule of Association
fortnightly membership fees payable shall be provided to the employer at least
one month in advance of the variation taking effect.
(iii) Subject to
(i) and (ii) above, the employer shall deduct Association fortnightly
membership fees from the pay of any employee
who is a member of the Association in accordance with the Association's
rules, provided that the employee has
authorised the employer to make such deductions.
(iv) Monies so
deducted from an employee’s pay shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to employees’ Association membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the Association, all Association
membership fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of Association 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.
6. Grievance and
Dispute Resolution Procedures
(a) All grievances
and disputes 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 the appropriate
Department, if required.
(b) An employee is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
(c) 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 employee to advise their immediate
manager the notification may occur to the next appropriate level of management,
including where required, to the Department Head or delegate.
(d) The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(e) If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager shall respond within two (2) working days, or as soon as
practicable. The employee may pursue the sequence of reference to successive
levels of management until the matter is referred to the Department Head.
(f) The Department
Head may refer the matter to the Industrial Relations Secretary for
consideration.
(g) If the matter
remains unresolved, the Department Head shall provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
(h) An employee,
at any stage, may request to be represented by the Association.
(i) The employee
or the Association on their behalf or the Department Head may refer the matter
to the Industrial Relations Commission of NSW if the matter is unresolved
following the use of these procedures.
(j) The staff
member, Association, Department and Industrial Relations Secretary of the shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in relation
to the dispute.
(k) Whilst the
procedures outlined in subclauses (a) to (j) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
work health and safety, if practicable, normal work shall proceed in a manner
which avoids any risk to the health and safety of any employee r or member of
the public.
7. 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 that, 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 the 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 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."
8. Parties to the
Award
This award is made between the following parties:
Industrial Relations Secretary,
Public Service Association and Professional Officers
Association Amalgamated Union of New South Wales.
9. Area, Incidence and
Duration
(a) This award
applies to those staff employed as Casual Guide Lecturers by the Museum of
Applied Arts and Sciences.
(b) 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 the New South
Wales on 28 April 1999 (310 I.G. 359) take effect on and from 2 August 2016.
(c) Changes made
to this award subsequent to it first being published on 9 November 2007 (364
I.G. 279) have been incorporated into this award as part of the review.
(d) This award
remains in force until varied or rescinded for the period for which it was made
already having expired.
PART B
MONETARY RATES
Table 1 - Wages
Crown Employees (NSW
Department of Justice) Museum of Applied Arts and Sciences – Casual Guide
Lectures Award.
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Casual Guide Lecturers - Museum of Applied Arts and
Sciences
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Classification
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1.7.16
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Per hour
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2.5%
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$
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Casual Guide Lecturer
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44.52
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Appendix A
(i) Casual staff
members are entitled to unpaid parental leave under Chapter 2, Part4, Division
1, section 54, Entitlement to Unpaid Parental Leave, in accordance with the
Industrial Relations Act 1996. The
following provisions shall also apply in addition to those set out in the
Industrial Relations Act 1996 (NSW).
(a) The Department
Head must not fail to re-engage a regular casual staff member (see section
53(2) of the Industrial Relations Act 1996) because:
(A) the staff
member or staff member's spouse is
pregnant; or
(B) the staff
member
is or has been
immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual staff members are not affected, other than in
accordance with this clause.
(ii) Personal
Carers entitlement for staff members
(a) Staff
members are entitled to not be available
to attend work, or to leave work if they need to care for a family member
described in (iii) below who is sick and requires care and support, or who
requires care due to an unexpected emergency, or the birth of a child. This entitlement is subject to the
evidentiary requirements set out below in (d), and the notice requirements set
out in (e).
(b) The Department
Head and the staff member shall agree on the period for which the staff member
will be entitled to not be available to attend work. In the absence of
agreement, the staff member is entitled to not be available to attend work for
up to 48 hours (i.e. two days) per occasion. The staff member is not entitled
to any payment for the period of non-attendance.
(c) A Department
Head must not fail to re-engage a staff member because the staff member
accessed the entitlements provided for in this clause. The rights of an
employer to engage or not to engage a staff member are otherwise not affected.
(d) The staff
member shall, if required,
(A) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(B) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the staff member.
In normal circumstances, a staff member must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(e) The staff
member must, as soon as reasonably practicable and during the ordinary hours of
the first day or shift of such absence, inform the employer of their inability
to attend for duty. If it is not reasonably practicable to inform the employer
during the ordinary hours of the first day or shift of such absence, the staff
member will inform the employer within 24 hours of the absence.
(iii) A family
member for the purposes of (ii) (a) above is:
(a) a spouse of
the staff member; or
(b) a de facto
spouse being a person of the opposite sex to the staff member who lives with the staff member as her husband or his wife on a bona fide
domestic basis although not legally married to that staff member; 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 or legal guardian),
grandparent, grandchild or sibling of the staff member or of the spouse or de
facto spouse of the staff member; or
(d) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(iv) Bereavement
entitlements for staff members
(a) Staff members
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence
(if required by the employer).
(b) The Department
Head and the staff member shall agree on the period for which the staff
member will be entitled to not be
available to attend work. In the absence of agreement, the staff member is entitled to not be available to attend
work for up to 48 hours (i.e. two days) per occasion. The staff member is not
entitled to any payment for the period of non-attendance.
(c) A Department
Head must not fail to re-engage a staff member because the staff member
accessed the entitlements provided for in this clause. The rights of an
employer to engage or not engage a staff member are otherwise not affected.
(d) The staff
member must, as soon as reasonably practicable and during the ordinary hours of
the first day or shift of such absence, inform the employer of their inability
to attend for duty. If it is not reasonably practicable to inform the employer
during the ordinary hours of the first day or shift of such absence, the staff
member will inform the employer within 24 hours of the absence.
J. D. STANTON, Commissioner
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Printed by
the authority of the Industrial Registrar.