Crown Employees (State Emergency Service)
Communication Centre - Continuous Shift Workers Award 2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 700 of 2015)
|
Before Commissioner Stanton
|
17 November 2015
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Title
3. Definitions
4. Application
5. Coverage
6. Salaries
7. Overview of
Shift Arrangements
8. Rostering
Arrangements
9. Shift
Work
10. Senior
Team Leaders
11. Maximum
Hours
12. Meal
Breaks
13. Breaks
between Shifts and Shift Cycle Changes
14. Daylight
Saving
15. Alteration
to Hours of Work
16. Exchange
of Shifts
17. Hearing
and Eye Sight Testing
18. Higher
Duties Shift Relief
19. Occupational
Health and Safety
20. Representation
21. Anti
Discrimination
22. Grievance
and Dispute Settling Procedures
23. Conditions
Fixed By Other Instruments of Employment
24. Existing
Entitlements
25. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salary Schedule
2. Title
This award shall be known as the Crown Employees (State
Emergency Service) Communication Centre - Continuous Shift Workers Award 2012.
3. Definitions
Act means the Government Sector Employment Act 2013.
Association means the Public Service Association and
Professional Officers Association Amalgamated Union of New South Wales.
Award means an award as defined in the Industrial Relations
Act 1996.
Commissioner means - the Commissioner of the State Emergency
Service.
Director means - the Head of a State Emergency Service
Directorate.
Casual Employee means any employee engaged in terms of
Division 5, Section 43 of the Government Sector Employment Act 2013 and any
guidelines issued thereof or as amended from time to time.
"Industrial Relations Secretary" means the
Secretary of the Treasury who is the employer for industrial purposes under the
provision of Part 4, Government Sector Employment Act 2013.
First Shift Standby Roster means that Senior Rescue
Coordinator will be on a standby roster and in the event of an emergency can be
called into the Communication Centre to support operations.
Full-time employee means an employee whose ordinary hours of
duty are specified as such in a formal industrial instrument or whose contract
hours are equivalent to the full-time contract hours of 35 hours.
On Duty means the time required to be worked for the
Service.
Ordinary Hourly Rate of Pay means the hourly rate equivalent
of the annual rate of pay of the classification calculated using the formula
set out in clause 12.3.1, Casual Employment, of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009.
Overtime means all time worked, whether before or after the
ordinary rostered hours of duty, at the direction of the Director, which, due
to its character or special circumstances, cannot be performed during the
employees ordinary hours of duty.
Part-time employee means an employee whose ordinary hours of
duty are specified as part-time in a formal industrial instrument or whose
contract hours are less than the full-time hours.
Public Holiday means a day proclaimed under thePublic
Holidays Act 2010 or the Retail Trading Act 2008, as a bank or a public
holiday.
Service means the NSW State Emergency Service.
Service After Hours and On Call Remuneration Arrangements
refers to the State Emergency Service policy for after hours and on call
remuneration arrangements updated July 2010.
Shift Worker - Continuous Shifts means an employee engaged
in work carried out in continuous shifts throughout the 24 hours of each of at
least six consecutive days without interruption except during breakdown or meal
breaks or due to unavoidable causes beyond the control of the Director.
4. Application
This award was negotiated between the State Emergency
Service, the then Director General and the Association.
5. Coverage
The provisions of this award shall apply to ongoing and
temporary employees (both full-time and part-time), as defined in the
Government Sector Employment Act 2013 employed by the State Emergency Service
in roles in the Communication Centre (ComCen) classified as ComCen Senior
Rescue Coordinator, ComCen Duty Operations Officer, ComCen Team Leader, ComCen
Call Operator and casual employees in these roles.
6. Salaries
(a) Salaries
payable to employees covered by this Award shall be in accordance with the
Crown Employees (Public Sector - Salaries 2015) Award or any variation or
replacement award.
(b) Salary
Progression shall be by way of annual increment, according to the requirements
in the Government Sector Employment Regulation 2014, Division 2, Section 14.
7. Overview of
Shift Arrangements
(a) The ComCen
will operate on a 24 (twenty four) hours per day, 7 (seven) days per week basis
across the entire year.
(b) ComCen staff
will work the equivalent of 35 hours per week over a roster period.
(c) Shifts will be
for 8.5 (eight and a half) hours less a 30 minute unpaid meal break, except as
specified in clause 10 Senior Rescue Coordinator.
(d) The Day Shift
shall be from 06:30 to 15:00 hours.
(e) The Afternoon
Shift shall be from 14:30 to 23:00 hours.
(f) The Night
Shift shall be from 22:30 to 07:00 hours.
8. Rostering
Arrangements
(a) A roster will
cover a minimum period of 4 (four) weeks up to maximum period of 16 (sixteen)
weeks.
(b) The roster
cycle will work on a rotating three shift system with a forward rotation (day then
afternoon then night) with breaks between rotations.
(c) Rosters are to
be published with as much notice as possible, but in any case a minimum 2 (two)
weeks in advance before commencement of the roster.
(d) Each roster
shall indicate the starting and finishing time of each shift. Where current or
proposed shift arrangements are incompatible with the shift worker’s family,
religious or community responsibilities, every effort to negotiate individual
alternative arrangements shall be made by the Director.
(e) Nothing in
this award is intended to circumvent subsection (1) of Section 22, Maximum
ordinary hours of employment of the NSW Industrial Relations Act 1996.
9. Shift Work
(a) Shift Loadings
- A shift worker employed on a shift shall be paid, for work performed during
the ordinary hours of any such shift, ordinary rates plus the following
additional shift loadings depending on the commencing times of shifts:
|
Day - at or after 6am and before 10am
|
Nil
|
|
Afternoon - at or after 10am and before 1pm
|
10.0%
|
|
Afternoon - at or after 1pm and before 4pm
|
12.5%
|
|
Night - at or after 4pm and before 4am
|
15.0%
|
|
Night - at or after 4am and before 6am
|
10.0%
|
(b) The loadings specified
in subclause (a) of this clause shall only apply to shifts worked from Monday
to Friday.
(c) Weekends and
Public Holidays - For the purpose of this clause any shift, the major portion
of which is worked on a Saturday, Sunday or Public Holiday shall be deemed to
have been worked on a Saturday, Sunday or Public Holiday and shall be paid as
such.
(d) Saturday
Shifts - Shift workers working on an ordinary rostered shift between midnight
on Friday and midnight on Saturday which is not a public holiday, shall be paid
for such shifts at ordinary time and one half.
(e) Sunday Shifts
- Shift workers working on an ordinary rostered shift between midnight on
Saturday and midnight on Sunday which is not a public holiday, shall be paid
for such shifts at ordinary time and three quarters.
(f) Public
Holidays -
(1) Where a shift
worker is required to and does work on a Public Holiday, the shift worker shall
be paid at two and a half times the rate for time worked. Such payment shall be
in lieu of weekend or shift allowances which would have been payable if the day
had not been a Public Holiday;
(2) A shift worker
rostered off duty on a Public Holiday shall elect to be paid one day’s pay for
that Public Holiday or to have one day added to his/her annual holidays for
each such day;
(g) Annual leave -
will accrue at the rate of four weeks per year for a full time employee that is
20 working days plus 8 rest days.
(h) Additional
leave - will accrue for a full time employee on the following basis:
|
Number of ordinary shifts worked on Sunday and/or public
|
Additional leave
|
|
holiday during a qualifying period of 12 months from 1
|
|
|
December one year to 30 November the next year
|
|
|
4-10
|
1 additional day
|
|
11-17
|
2 additional days
|
|
18-24
|
3 additional days
|
|
25-31
|
4 additional days
|
|
32 or more
|
5 additional days
|
10. Senior Rescue
Coordinator
(a) Roles
classified as Senior Rescue Coordinator will play an important role in the handover
from day to night operations so they will be predominantly rostered on duty on
Afternoon Shifts from 14:00 to 23:00 hours.
(b) Shifts will be
for 9 (nine) hours less a 30 minute unpaid meal break.
(c) Senior Rescue
Coordinators will be rostered on a day shift (no penalty payments apply) on at
least a fortnightly basis to complete scheduling, reporting and administration
activities.
(d) Senior Rescue
Coordinator will be nominated to provide a First Shift Standby Roster function
when required and the arrangements and remuneration are to be consistent with
the current Service After Hours and On Call Remuneration Arrangements
negotiated with the Service’s Joint Consultative Committee.
11. Maximum Hours
(a) The maximum
hours to be worked in a day or a week (7 days) should not exceed the following,
other than in emergency circumstances:
(1) Maximum of 6
consecutive shifts;
(2) Maximum of 4
consecutive night shifts;
(3) Maximum 48
hours rostered per week.
12. Meal Breaks
(a) During a
normal shift, employees as a minimum must take at least one unpaid meal break
of at least 30 minutes, plus two shorter paid breaks totalling 30 minutes.
(b) Meal breaks
must be given to and taken by employees. No employee shall be required to work
continuously for more than 5 hours without a meal break.
13. Breaks Between
Shifts and Shift Cycle Changes
(a) Breaks between
shifts should not be less than 12 (twelve) consecutive hours.
(b) There should
be a minimum of 2 (two) days off between shift cycle changes.
(c) In emergencies
where a shift worker needs to remain on duty after a shift, the minimum break
between shifts should never be less than 10 (ten) hours and should be
compensated as soon as possible with a longer break.
(d) If a shift
worker resumes or continues to work without having had eight (8) consecutive
hours off duty, the shift worker shall be paid overtime in accordance with
clause 90, Overtime Worked by Shift Workers, in the Crown Employees (Public
Service Conditions of Employment) Award 2009, until released from duty for
eight (8) consecutive hours. The shift worker will then be entitled to be off
duty for at least eight (8) consecutive hours without loss of pay for ordinary
working time which falls during such absence.
(e) Time spent off
duty may be calculated by determining the amount of time elapsed after:
(1) The completion
of an ordinary rostered shift; or
(2) The completion
of authorised overtime; or
(3) The completion
of additional travelling time, if travelling on duty, but shall not include
time spent travelling to and from the workplace.
14. Daylight
Saving
For work performed which spans the time of introduction or
cessation of a system of daylight saving as prescribed by relevant State
legislation, a shift worker shall be paid according to the actual hours worked.
Rostering arrangements will ensure that at least the minimum working hours are
maintained.
15. Alteration to
Hours of Work
(a) Rosters once
determined and made available may be altered by:
(1) The Agency by
giving two week’s notice of the requirement to change the arrangements of hours
or the shift roster under normal circumstances; or
(2) By mutual
agreement between the Agency and the shift worker.
(b) The Agency
reserves the right to change shift rosters in accordance with operational
imperatives.
(c) Provided that
where the Agency receives a significant concern about the alteration to the
shift worker’s family, religious or community responsibilities, every effort to
negotiate individual alternative arrangements shall be made by the Agency.
16. Exchange of
Shifts
(a) Exchange of
shifts will be allowed for special reasons provided the change does not result
in excessive daily or weekly hours for any shift worker.
(b) An exchange of
shifts should not occur if it results in 2 (two) or more continuous shifts
being worked with no break in between or if the recommended maximum hours are
exceeded.
(c) All requests
for shift exchange by employees are to be submitted in writing to the most
senior officer on duty.
17. Hearing and
Eye Sight Testing
(a) ComCen
employees will be required to undergo hearing and eye sight testing prior to
commencing employment.
(b) Any further
tests will be conducted in accordance with medical advice or at the request of
the employee or the ComCen Supervisor.
18. Higher Duties
Shift Better
ComCen employees, when required to provide relief in a
higher level role for the whole shift or a minimum of two hours of the shift,
will be entitled to payment of an above level temporary assignment allowance at
the rate of salary for the above level role plus any applicable allowances for
the whole shift in accordance with the provisions of the Government Sector
Employment Rules 2014, except the minimum 5 consecutive working days
limitation.
19. Work Health
and Safety
(a) The Service is
committed to the safety and welfare of staff and will consider Work Health and
Safety issues in planning rosters and working arrangements. It is the intention that:
(1) shifts will
not exceed 12 hours per day (including overtime), except in emergency
circumstances
(2) overtime
worked will not exceed 12 hours per week
(b) In emergency
circumstances a maximum of 60 hours work may be necessary. It shall not be worked on a regular basis nor
on consecutive weeks.
20. Representation
(a) Shift workers
are to be adequately represented on any committees with a consultative or
decision making function regarding their work. If they attend relevant meetings
outside shift arrangements they will be considered at work and rosters are to
be adjusted accordingly.
21. Anti
Discrimination
(a) It is the
intention of the parties bound by this Award to seek to achieve the objective
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.
(b) It follows
that in fulfilling their obligations the parties have an obligation 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.
(c) Under the
Anti-Discrimination Act 1977, it is unlawful to victimize an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to affect:
(1) Any conduct or
act which is specifically exempted from anti-discrimination legislation;
(2) Offering or
providing junior rates of pay to persons under 21 years of age;
(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;
(4) A party to
this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(e) 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.
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(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 religious
susceptibilities of the adherents of that religion."
22. Grievance and
Dispute Settling 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
Agency, 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 Commissioner or delegate.
(d) The immediate
manager, or other appropriate officer, should 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 Commissioner.
(f) The
Commissioner may refer the matter to the Industrial Relations Secretary for
consideration.
(g) If the matter
remains unresolved, the Commissioner 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 Commissioner may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
(j) The employee,
Association, and the Agency 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 (i) to (x) 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 or member of the
public.
23. Conditions
Fixed By Other Instruments of Employment
(a) Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 or
variation or replacement, applies except where varied by this Award.
24. Existing
Entitlements
(a) The provisions
of this award shall not affect any entitlements existing in another award which
covers Service staff other than specified in clause 23 of this award.
25. Area,
Incidence and Duration
(a) The provisions
of this award shall apply to employees, Agency temporary employees as defined
in the Government Sector Employment Act 2013 employed by the State Emergency
Service in either full time and part time positions of Communication Centre
(ComCen) Senior Team Leader, ComCen Team Leader and ComCen Call Operator, and
casual workers in these positions.
(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 NSW on 28 April 1999 (310
I.G. 359) take effect on and from 17 November 2015.
(c) Changes made
to this award subsequent to it first being published on 27 March 2009 (367 I.G.
744) have been incorporated into this award as part of the review.
(d) 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 - Salary Schedule
Salary of Full Time ComCen employees will be paid in
accordance with the Crown Employees (Public Sector - Salaries 2015) Award as
varied or an award replacing it.
|
Classifications and
Grades
|
Common
|
1.7.15
|
|
|
Salary
|
Per annum
|
|
|
Point
|
+2.5%
|
|
|
|
$
|
|
Operations Communications Centre
|
|
|
|
Senior Rescue Coordinator, Clerk Grade 5/6
|
|
|
|
|
|
|
|
1st year of service
|
75
|
77,448
|
|
2nd year of service
|
78
|
79,891
|
|
3rd year of service
|
82
|
83,022
|
|
Thereafter
|
85
|
85,455
|
|
|
|
|
|
Operations Communications Centre
|
|
|
|
Team Leader, Clerk Grade 3/4
|
|
|
|
|
|
|
|
1st year of service
|
58
|
65,608
|
|
2nd year of service
|
61
|
67,586
|
|
3rd year of service
|
64
|
69,696
|
|
Thereafter
|
67
|
71,839
|
|
Operations Communications Centre
|
|
|
|
Call Operator, Clerks General Scale
|
|
|
|
|
|
|
|
Step 1 (formerly Clerical Officer 1st year of service
under 17 at Common
|
4
|
28,417
|
|
Salary Point 3)
|
|
|
|
|
|
|
|
Step 2 (formerly Clerical Officer 2nd year of service or
17)
|
6
|
32,248
|
|
|
|
|
|
Step 4 (formerly Clerical Officer 3rd year of service or
18)
|
9
|
38,839
|
|
|
|
|
|
Step 5 (formerly Clerical Officer 4th year of service or
19)
|
11
|
41,459
|
|
|
|
|
|
Step 6 (formerly Clerical Officer 5th year of service or 20
or above)
|
17
|
44,683
|
|
|
|
|
|
Step 7 (formerly Clerical Officer 6th year of service)
|
20
|
45,901
|
|
|
|
|
|
Step 8 (formerly Clerical Officer 7th year of service)
|
23
|
47,843
|
|
|
|
|
|
Step 9 (formerly Clerical Officer 8th year of service)
|
25
|
48,711
|
|
|
|
|
|
Step 10 (formerly Clerical Officer 9th year of service)
|
28
|
49,920
|
|
|
|
|
|
Step 11 (formerly Clerical Officer 10th year of service)
|
32
|
57,766
|
|
|
|
|
|
Step 12 (formerly Clerical Officer 11th year of service)
|
36
|
53,642
|
|
|
|
|
|
Step 13 (formerly Clerical Officer 12th year of service)
|
40
|
55,624
|
J. D. STANTON, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.