Crown
Employees (NSW Department of Commerce, Government Chief Information Office)
Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1529 of 2008)
|
Before Commissioner
Bishop
|
29 May 2009
|
REVIEWED
AWARD
Arrangement
Clause No. Subject Matter
PART A
1. Parties
2. Intention/Aims
of the Award.
3. Definitions
4. Classification
and Salaries
5. Preservation
of Conditions for Staff Employed Under Previous Awards
6. Working
Hours and Arrangements
7. Conditions
of Employment
8. Training
9. Use of
Consultants and Contractors
10 Grievance
and Dispute Handling Procedures
11. Anti-Discrimination
12. Deduction
of Union Membership Fees
13. Saving of
Rights
14. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - GCIO Officer Salary Rates
PART A
1. Parties
The parties to this Award are:
Director of Public Employment and New South Wales Department
of Commerce; and
Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales (PSA);
This Award shall be binding upon all parties defined herein.
2. Intention/Aims of
the Award
This Award provides a framework for management and staff
members to work together to ensure the ongoing high-level achievement of the
Department’s Mission and Objectives.
Within this context the parties are committed to the development of a
highly motivated, suitably skilled and productive workforce.
The parties will work collaboratively to ensure that the
Department’s workforce has and continues to have the necessary skills,
knowledge and attributes to maintain and enhance its credibility, expertise and
standing.
Effective workforce development and succession development
are seen as critical to the Department’s future performance and its ability to
innovate, respond positively to changes in its operating environment and avail
itself of future business opportunities. The Award therefore focuses not only
on the revision of conditions of employment, but stresses workforce management
and development. It is based on
maintaining, improving, developing and rewarding the skills, knowledge and
attributes required of its workforce and provides a commitment to ongoing
employment.
In providing more flexible working conditions for staff
members, the Award also recognises the need to accommodate work and family
issues through flexible working arrangements.
The parties recognise the need to strive to achieve best
practice in human resource management and to resolve any issues that may
currently exist preventing effective workforce management, staff development
and the ability to utilise skills. To this end the parties agree to work,
during the life of the Award, towards:
The creation of a culture which acknowledges the importance
and fosters the development of technical, managerial and business skills;
together with a progressive outlook;
Organisation and classification structures that support the
business needs of the Department in the most effective way, provide for
appropriate managerial and specialist career paths and allow for innovative
opportunities in development and multi-skilling;
Training and development programs and activities aimed at
meeting corporate requirements and priorities as well as individual job and
career development needs; and (with the support of senior management),
Equitable development of staff members to be achieved by managers conducting
performance reviews and offering guidance and direction regarding training and
development initiatives. This aims to: facilitate improved on the job
performance; provide greater job promotion potential, and prepare for future
challenges and opportunities from both the domestic and international
environments;
Senior management supporting managers and staff members
working co-operatively together to resolve issues that prevent workforce
development and to identify opportunities for continuous improvement in
departmental operations;
Development and maintenance of open communication between
all levels of the workforce and improvement in communication skills across the
organisation;
Ongoing improvements in safety, quality service and
efficiency; and
A workplace environment that is supportive of management and
staff maximising their contribution to the business of the Department.
3. Definitions
"Department" means the New South Wales Department
of Commerce.
"DPE" means the Director of Public Employment as
established under the Public Sector Employment and Management Act 2002.
"GCIO" means the Government Chief Information
Office.
"GCIO Officer" or "staff member" means
and includes all persons permanently or temporarily employed in the Government
Chief Information Office, Department of Commerce, either as a full time or part
time staff member, in any capacity under the provisions of part 2 of the Public
Sector Employment and Management Act 2002, and includes an Officer on
probation, but does not include the Director General, statutory appointees or a
member of the Senior Executive Service as defined under the Act.
"Act" means the Public Sector Employment and
Management Act 2002.
"Service" means continuous service for salary
purposes.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales
(PSA).
"Director General" means the Director General of
the New South Wales Department of Commerce.
"Public Service" means the Public Service of New
South Wales, as defined in the Public Sector Employment and Management Act
2002.
"Position" means a position as defined in Section
9 of the Public Sector Employment and Management Act 2002.
"Grade" means a single grade: General Scale; Grade
1-2; Grade 3-4; Grade 5-6; Grade 7-8; Grade 9-10; Grade 11; Grade 12; Senior
Officer Grade 1; Senior Officer Grade 2; Senior Officer Grade 3, as set out in
Table 1 GCIO Officer Salary Rates and
applied to positions created in terms of Section 9 (2) of the Public Sector
Employment and Management Act 2002 and evaluated in accordance with the
Department’s approved Job Evaluation system and the conditions of this
Award. Grades 11 and 12 may be, where
recommended, broad banded where the Director General considers it appropriate.
4. Classification and
Salaries
(1) The
classification under this Award will be titled "GCIO Officer" as set
out in Table 1 of Part B, Monetary Rates of this Award.
(2) The salary rates
for GCIO Officers in Table 1 are set in accordance with the Crown Employees
(Public Sector - Salaries 2008) Award or any variation or replacement award.
5. Preservation of
Conditions for Staff Employed under Previous Awards
The list of conditions preserved for staff members employed
under previous awards at the time of the making of the Crown Employees (NSW
Department of Information Technology and Management) Conditions of Employment
Award 2002 on 17 December 2002 by the Industrial Relations Commission of New
South Wales in Matter IRC 6657 of 2002 is contained in clause 7 of that award
published on 12 March 2004 (343 I.G. 628).
6. Working Hours and
Arrangements
The provisions of the Premier’s Department Flexible Working
Hours Agreement will apply with the exception of those staff members exempted
in that Agreement.
7. Conditions of
Employment
The staff members regulated by this award shall be entitled
to the conditions of employment as set out in this award and, except where
specifically varied by this award, existing conditions are provided for under
the Public Sector Employment and Management Act 2002, the Public Sector
Employment and Management Regulation 1996, the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006 and the Crown Employees (Public
Sector - Salaries 2008) Award or any awards replacing these awards.
8. Training
(1) The parties agree
that all staff members shall be provided with opportunities for career,
professional and personal development.
The joint aim is to develop a highly skilled and efficient workforce and
to ensure that all staff members are sufficiently skilled to meet the present
and future needs of the Department.
(2) The Department’s
commitment to training and development is contained within the Department’s
Study Assistance Policy. Where such Policy is silent on these matters the
following will apply to staff members covered by this award:
The reimbursement of course fees for staff members
undertaking tertiary or vocational studies shall be 100% on successful
completion where the study relates directly to the position occupied. Where a Manager considers that the study
does not relate directly to the position but will be beneficial to the
organisation, and so approves, reimbursement of fees, upon successful
completion, may be within the range of 50% to 100%. The Director General or their delegate will determine any appeal
relating to decisions concerning payment of course fees.
A commitment to the provision of external training
programs;
Implementation of a Management Development Program;
The provision of training and re-training wherever
re-organisation creates new skill requirements;
Equipping all staff members with skills and ability to
enable them to pursue, where possible, their preferred career paths and to
improve their opportunities for career advancement;
Providing training in Information Technology to enable
staff members to use the technological tools required to perform their duties;
Providing the training needed to ensure that those
staff members, whose performance has been identified as deficient, have every
opportunity to improve their performance;
Equity of access to training and development
opportunities for all staff members, including part time staff members;
Dependant care assistance (dependant care, by way of
payment, may be provided to enable staff members with dependant
responsibilities to pursue training and development opportunities).
(3) During the life
of this instrument, the Department agrees to examine and implement various
options to facilitate skill enhancement and career development for all
staff. These options may include:
Job rotation;
Secondments;
Participation in work forums;
Placements in other organisations with the agreement of
the staff member;
Mentor and coaching programs;
Attendance at conferences and seminars;
Staff member exchange programs with the agreement of
the staff member.
(4) In order to meet
these aims, the following have been agreed by the parties:
A commitment to updating skill profiles from the
Training Needs Analysis process to assist staff members and management to
determine appropriate training needs;
To include staff training and development
responsibilities in the key accountabilities of all managers and supervisors;
Individual staff members will assume personal
responsibility to participate in appropriate training and development and
skill-enhancing activities.
(5) Furthermore, the
parties agree to an ongoing commitment to the implementation of the national
training reform agenda - that is, the promotion and implementation of the
Public Sector training package through the Public Sector Industry Training
Advisory Body (PSITAB). This includes
embracing the development of a National Competencies training project
encompassing:
An increase in the number of Workplace Trainers and
Assessors within the Department;
Time for Trainers and Assessors to recognise the
current competencies held by departmental staff members.
In-house training to be in-line with National
Competency standards so staff members can work toward a nationally recognised
Public Sector qualification.
9. Use of Consultants
and Contractors
In line with Government commitments, the parties agree to
develop programs to reduce the use of consultants/contractors by greater
reliance on the expertise of professional public servants and the development
of strict quality control procedures for the engagement of outside assistance.
10. Grievance and
Dispute Handling Procedures
(1) 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 Department, if
required.
(2) A staff member
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.
(3) 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 staff member to
advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the
Director-General or delegate.
(4) 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.
(5) If the matter
remains unresolved with the immediate manager, the staff member 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 staff member may pursue the sequence of reference to successive
levels of management until the matter is referred to the Director-General.
(6) The
Director-General may refer the matter to the DPE for consideration.
(7) If the matter
remains unresolved, the Director-General shall provide a written response to
the staff member 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.
(8) A staff member,
at any stage, may request to be represented by the Association.
(9) The staff member
or the Association on their behalf, or the Director-General may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
(10) The staff
member, Association, Department and DPE shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
(11) Whilst the
procedures outlined in subclauses (1) to (10) 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 occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public.
11.
Anti-Discrimination
(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.
(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.
(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.
(4) 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.
(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.
(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."
12. Deduction of
Union Membership Fees
(1) 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.
(2) 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.
(3) Subject to
subclauses (1) and (2) of this clause, the employer shall deduct Association
fortnightly membership fees from the pay of any staff member who is a member of
the Association in accordance with the Association's rules, provided that the
staff member has authorised the employer to make such deductions.
(4) Monies so
deducted from staff member's pay shall be forwarded regularly to the
Association together with all necessary information to enable the Association
to reconcile and credit subscriptions to staff members' Association membership
accounts.
(5) Unless other
arrangements are agreed to by the employer and the Association, all Association
membership fees shall be deducted on a fortnightly basis.
(6) Where a staff
member 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 staff member to make a fresh authorisation in order
for such deductions to continue.
13. Saving of Rights
At the time of making this Award, no staff member covered by
this Award will suffer a reduction in his or her rate of pay or any loss or
reduction in his or her conditions of employment as a consequence of making
this Award.
14. Area, Incidence
and Duration
(1) The Award shall
apply to all staff members in the Government Chief Information Office in the
Department of Commerce.
(2) 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 Commerce,
Government Chief Information Office and OICT Projects, Office of Public Works
and Services) Award 2005 published 24 March 2006 (358 IG 273) and all
variations thereof.
(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 I.G. 359) take effect on and from 29 May 2009.
(4) This Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
Part B
MONETARY RATES
Table 1 - GCIO
Officer Salary Rates
|
Classifications and
Grades
|
|
Common
|
1.7.07
|
1.7.08
|
1.7.09
|
1.7.10
|
|
|
|
Salary
|
Per
|
Per
|
Per
|
Per
|
|
|
|
Point
|
annum
|
annum
|
annum
|
annum
|
|
|
|
|
|
+4%
|
+4%
|
+4%
|
|
|
|
|
$
|
$
|
$
|
$
|
|
General Scale
|
Year 1
|
7
|
27,055
|
28,137
|
29,262
|
30,432
|
|
|
Year 2
|
11
|
32,723
|
34,032
|
35,393
|
36,809
|
|
|
Year 3
|
17
|
35,266
|
36,677
|
38,144
|
39,670
|
|
|
Year 4
|
20
|
36,229
|
37,678
|
39,185
|
40,752
|
|
|
Year 5
|
23
|
37,762
|
39,272
|
40,843
|
42,477
|
|
|
Year 6
|
25
|
38,448
|
39,986
|
41,585
|
43,248
|
|
|
Year 7
|
28
|
39,400
|
40,976
|
42,615
|
44,320
|
|
|
Year 8
|
32
|
40,857
|
42,491
|
44,191
|
45,959
|
|
|
Year 9
|
36
|
42,338
|
44,032
|
45,793
|
47,625
|
|
|
Year 10
|
40
|
43,903
|
45,659
|
47,485
|
49,384
|
|
Grade 1-2
|
Year 1
|
46
|
46,320
|
48,173
|
50,100
|
52,104
|
|
|
Year 2
|
49
|
47,682
|
49,589
|
51,573
|
53,636
|
|
|
Year 3
|
52
|
49,012
|
50,972
|
53,011
|
55,131
|
|
|
Year 4
|
55
|
50,356
|
52,370
|
54,465
|
56,644
|
|
Grade 3-4
|
Year 1
|
58
|
51,784
|
53,855
|
56,009
|
58,249
|
|
|
Year 2
|
61
|
53,344
|
55,478
|
57,697
|
60,005
|
|
|
Year 3
|
64
|
55,010
|
57,210
|
59,498
|
61,878
|
|
|
Year 4
|
67
|
56,701
|
58,969
|
61,328
|
63,781
|
|
Grade 5-6
|
Year 1
|
75
|
61,128
|
63,573
|
66,116
|
68,761
|
|
|
Year 2
|
78
|
63,056
|
65,578
|
68,201
|
70,929
|
|
|
Year 3
|
82
|
65,527
|
68,148
|
70,874
|
73,709
|
|
|
Year 4
|
85
|
67,448
|
70,146
|
72,952
|
75,870
|
|
Grade 7-8
|
Year 1
|
88
|
69,468
|
72,247
|
75,137
|
78,142
|
|
|
Year 2
|
91
|
71,546
|
74,408
|
77,384
|
80,479
|
|
|
Year 3
|
95
|
74,527
|
77,508
|
80,608
|
83,832
|
|
|
Year 4
|
98
|
76,896
|
79,972
|
83,171
|
86,498
|
|
Grade 9-10
|
Year 1
|
101
|
79,188
|
82,356
|
85,650
|
89,076
|
|
|
Year 2
|
104
|
81,414
|
84,671
|
88,058
|
91,580
|
|
|
Year 3
|
108
|
84,738
|
88,128
|
91,653
|
95,319
|
|
|
Year 4
|
111
|
87,263
|
90,754
|
94,384
|
98,159
|
|
Grade 11
|
Year 1
|
116
|
91,589
|
95,253
|
99,063
|
103,026
|
|
|
Year 2
|
120
|
95,472
|
99,291
|
103,263
|
107,394
|
|
Grade 12
|
Year 1
|
126
|
101,454
|
105,512
|
109,732
|
114,121
|
|
|
Year 2
|
130
|
105,923
|
110,160
|
114,566
|
119,149
|
|
Senior Officer
|
Year 1
|
-
|
118,519
|
123,260
|
128,190
|
133,318
|
|
Grade 1
|
Year 2
|
-
|
127,708
|
132,816
|
138,129
|
143,654
|
|
Senior Officer
|
Year 1
|
-
|
129,868
|
135,063
|
140,466
|
146,085
|
|
Grade 2
|
Year 2
|
-
|
139,025
|
144,586
|
150,369
|
156,384
|
|
Senior Officer
|
Year 1
|
-
|
143,678
|
149,425
|
155,402
|
161,618
|
|
Grade 3
|
Year 2
|
-
|
157,716
|
164,025
|
170,586
|
177,409
|
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.