Crown Employees (NSW Department of Premier and
Cabinet) 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. 168600 of 2021)
Before Commissioner Sloan
|
16 September 2021
|
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
PART A
1. Title
This award will be known as the Crown Employees (NSW
Department of Premier and Cabinet) 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 Premier and Cabinet) 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
Premier and Cabinet.
"Department Head" means the Secretary of the
NSW Department of Premier and Cabinet.
"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 Act and who occupies a role as a Casual Guide Lecturer, covered
by this Award.
“Employer” means the Secretary of the Department of
the NSW Department of Premier and Cabinet.
"Industrial Relations Secretary" means the
Secretary of the NSW Department of Premier and Cabinet in accordance with s.49
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 2021) 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.
5. Deduction of
Association Membership Fees
(i) The
Association will 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
will 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 will 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 will 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 will 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
will be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.
6. Grievance and
Dispute Resolution Procedures
(i) All
grievances and disputes relating to the provisions of this award will 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.
(ii) 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.
(iii) Where the
grievance or dispute involves confidential or other sensitive material (including
issues of harassment or discrimination under the Anti-Discrimination Act 1977)
that makes it impractical for the 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.
(iv) The immediate
manager, or other appropriate officer, will 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.
(v) 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 will 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.
(vi) The Department
Head may refer the matter to the Industrial Relations Secretary for
consideration.
(vii) If the matter
remains unresolved, the Department Head will 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.
(viii) An employee, at
any stage, may request to be represented by the Association.
(ix) 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.
(x) The employee,
Association, Department and Industrial Relations
Secretary will agree to be bound by any order or determination by the New South
Wales Industrial Relations Commission in relation to the dispute.
(xi) 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 will 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.
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
(i) This
award applies to those staff employed as Casual Guide Lecturers by the Museum
of Applied Arts and Sciences.
(ii) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (NSW Department of Premier and Cabinet)
Museum of Applied Arts and Sciences - Casual Guide Lecturers Award
published 1 May 2020 (387 I.G. 1013),
as varied.
(iii) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 17 September 2021.
(iv) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
(v) 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.
PART B
MONETARY RATES
Table 1 - Wages
Crown Employees (NSW Department of Premier and Cabinet)
Museum of Applied Arts and Sciences – Casual Guide Lectures Award.
D. SLOAN, Commissioner
____________________
Printed by the authority
of the Industrial Registrar.