Crown Employees (Parliamentary Electorate Officers) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 607 of 2007)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.      Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Salaries

4.         All Incidence of Employment Allowance

5.         Commencing Salaries

6.         Higher Duties Allowance

7.         Saving of Rights

8.         Hours of Work

9.         Overtime

10.       Relief Arrangements

11.       Anti Discrimination

12.       Training

13.       Recreation Leave

14.       Sick Leave

15.       Family and Community Service Leave, Personal/Carer’s Leave and Flexible Use of other Leave Entitlements.

16.       Termination of Employment

17.       Separation from Service Provisions

18.       Government and Related Employees Tribunal Act

19.       Consultative Committee

20.       Grievance and Dispute Handling Procedures

21.       Deduction of Union Membership Fees

22.       Secure Employment

23.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Remuneration

Table 3 - Other Rates and Allowances

 

2.  Definitions

 

"Act" means the Industrial Relations Act 1996.

 

"Award" means an enterprise award or an industrial award under the former Act.

 

"Association" means the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales.

 

"Commission" means the Industrial Relations Commission of New South Wales.

 

"Legislature" means The Legislative Assembly of The Parliament of New South Wales.

 

"Member" means a person who is an elected member of the Legislative Assembly of The Parliament of New South Wales.

 

"Officer" means and includes all persons employed by the Speaker of the Legislative Assembly of The Parliament of New South Wales as an Electorate Officer or Research Assistant to an Independent Member.

 

"Speaker" means The Speaker of The Legislative Assembly of The Parliament of New South Wales.

 

3.  Salaries

 

(a)        Electorate Office staff shall be paid the annual salary rates set out in Table 1 - Salaries, of Part B, Monetary Rates.

 

(b)        Special Salary Scale

 

Provided that, where a Member certifies in writing that an Electorate Officer, Grade 1 performs under limited, or no supervision and in an on-going manner, the following duties for a majority of time:

 

research work; and

 

speech writing; and

 

interviewing constituents; and

 

preparing non-routine correspondence

 

Such Electorate Officer may be appointed, or promoted, by the Member, to the special salary scale as set out in the said table 1 of Part B.

 

Progression through the special salary is dependent upon the Electorate Officer, Grade 1 continuing to perform such duties for a majority of the officer's time.  If any Electorate Officer, Grade 1 ceases to perform the required duties, or performs them for a lesser time, consideration may be given by the Member to reducing the salary to the level appropriate to the work performed, or to retaining the Electorate Officer Grade 1 on his or her current salary.

 

(c)        Research Assistants shall be paid the annual remuneration rates set out in Table 2 - Remuneration, of Part B, Monetary Rates.

 

Independent Members of the Legislative Assembly are entitled to an additional position of Research Assistant - the remuneration in Table 2 Part B is remuneration for all incidence of employment including any additional hours of worked outside the standard office hours.

 

4.  All Incidence of Employment Allowance

 

(a)        In addition to the salary payable in clause 3, Salaries, officers will be entitled to an allowance on the following scale.

 

(i)         Electorate Officer, Grade 1 - an amount per annum as set out in Item 1 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        Electorate Officer, Grade 1 Special Salary Scale - an amount per annum as set out in Item 2 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(iii)       Electorate Officer, Grade 2 - an amount per annum as set out in Item 3 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(b)        The All Incidence of Employment Allowance is defined as salary for superannuation and leave purposes.

 

(c)        The All Incidence of Employment Allowance shall be regarded a salary for the purpose of the application of salary movements.

 

5.  Commencing Salaries

 

(a)        Electorate Officer Grade 1

 

University graduates with at least one year office experience or persons with four years of more office experience shall commence on the 7th year of the scale for Electorate Officer, Grade 1.

 

(b)        Electorate Officer Grade 2

 

(i)         Persons with at least four years clerical/administrative experience; or

 

(ii)        with special skills such as computer training and/or experience; and/or

 

(iii)       persons with an appropriate tertiary qualification, may be offered a commencing salary up to the second year rate of the scale for Electorate Officer, Grade 2.

 

(c)        An officer with at least six years clerical/administrative experience may be offered a commencing salary up to the third year rate of the scale for Electorate Officer, Grade 2.

 

6.  Higher Duties Allowance

 

(a)        An Electorate Officer, Grade 1 who acts in a position of Electorate Officer, Grade 2 for 1 working day or more and who, in the opinion of the Member, assumes the whole of the responsibilities of that position during that period shall be paid by allowance any difference between the officer's present salary and the salary to which the officer would be entitled if appointed to that position.

 

Higher duties will be paid where the absence of the Electorate Officer, Grade 2 is due to approved leave.  No relief will be paid during an Officer’s travel to Parliament House for training or familiarisation with the organisation and the officer is otherwise considered on duty.

 

(b)        Where a public holiday falls at the beginning of a period of relief it will not be paid.  Where the period of relief is less than 5 days and a public holiday is at the end of the relief period the allowance will not be paid for the public holiday.  Where the period of relief is 5 days or more and a public holiday falls at the end of the relief period and on or before the Friday of the week relief is being worked the allowance will be paid for the public holiday.

 

(c)        However, where an officer has an absence of 5 days or more during a period of relief, including public holidays or any other form of approved leave, higher duties allowance will not be paid for that period of absence.

 

(d)        Officers who have acted for 12 months or more in the same higher graded position and who continue to act in that position are eligible for payment of higher duties allowance for any recreation, extended, sick or family and community leave which is taken during the further period of relief after 12 months.

 

7.  Saving of Rights

 

(a)        At the time of making of this award, no officer covered by this award will suffer a reduction in his or her rate of pay.

 

(b)        The Association and Legislature intend that any variation to the Crown Employees (Public Sector -Salaries 2007) Award or an Award replacing that award, Officers covered by this award will maintain the same salary and allowance relationship to the rest of the public service.

 

The Association and Legislature intend that any such salary or allowance increase will be reflected in this award either by variation to it, or by the making of a new award.

 

8.  Hours of Work

 

(a)        The ordinary hours of work shall be 9:00a.m. to 5:00p.m., Monday to Friday, regardless of whether duties are performed at the electorate office or Parliament House, with one hour for lunch.  Flexible working hours will not apply.

 

(b)        The Member may require an Officer to perform duty beyond the hours determined under subclause (a) of this clause but only if it is reasonable for the Officer to be required to do so.  An Officer may refuse to work additional hours in circumstances where the working of such hours would result in the Officer working unreasonable hours.  In determining what is unreasonable the following factors shall be taken into account:

 

(i)         the Officer’s prior commitments outside the workplace, particularly the Officer’s family and carer responsibilities, community obligations or study arrangements,

 

(ii)        any risk to the Officer ‘s health and safety,

 

(iii)       the urgency of the work required to be performed during additional hours, the impact on the operational commitments of the organisation and the effect on client services,

 

(iv)       the notice (if any) given by the Department Head regarding the working of the additional hours, and by the Officer of their intention to refuse the working of additional hours, or

 

(v)        any other relevant matter.

 

9.  Overtime

 

The remuneration prescribed in this Award includes payment for all incidents of work including overtime.  Work will not be conducted on weekends or public holidays without reasonable prior consultation with the Officer or the Association.

 

10.  Relief Arrangements

 

Where an Electorate Officer is absent for one working day or longer on approved leave (including where an Electorate Officer, Grade 1 relieves in a position of Electorate Officer, Grade 2), relief may be engaged by the Member subject to the following conditions:

 

(a)        Members are responsible for the selection of relief staff;

 

(b)        No relief may be engaged while staff are attending word processing or other training courses or in instances where staff travel to Sydney for familiarisation with parliamentary business and;

 

(c)        Relief staff are paid a daily rate for the number of days worked, calculated by dividing the annual salary for Electorate Officer Grade 1 or 2, by 260.8929 including 1/12th of total earnings on termination;

 

(d)        Relief staff are not entitled to any paid leave during their period of relief.

 

11.  Anti-Discrimination

 

(a)        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.

 

(b)        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.

 

(c)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the Officer 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:

 

(i)         any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)        offering or providing junior rates of pay to persons under 21 years of age;

 

(iii)       any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(iv)       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.

 

12.  Training

 

Training will be provided to electorate office staff as per the Legislative Assembly Staff Training and Development Policy subject to the following conditions:

 

(a)        All efforts will be made to ensure that staff are released from their normal duties to attend training provided sufficient notice has been given of intention and provided the relevant authorities have been obtained.

 

(b)        Release to attend training will be at the discretion of the Member where that discretion is based on the need to ensure the proper functioning of the electorate office and maintenance of appropriate levels of service.

 

(c)        Where an application to attend training has been refused, the officer may utilise the grievance and dispute resolution procedures contained within this award should they wish to seek further clarification regarding the reasons for refusal.

 

(d)        No provision of relief will be provided for training other than those provisions that exist within the aforementioned policy specifically relating to electorate office staff.

 

13.  Recreation Leave

 

(a)        All leave entitlements for Electorate Officers will be administered in accordance with the policies of the NSW Legislative Assembly and the New South Wales Parliament.

 

(b)        All officers working under job-share arrangements are eligible to the leave entitlements, contained within this clause, which will accrue on a pro-rata basis.

 

(c)        Officers shall be eligible, after completion of each 12 months of service, to recreation leave in the following amount;

 

(i)         4 weeks (accrued at the rate of 1.66 days per month) in addition to any public holiday occurring during such period of recreation leave.

 

(ii)        or officers working in areas designated as "Western Division", 5 weeks (accrued at the rate of 2.08 days per month).

 

(d)        An amount of leave may be taken, on or pro-rata basis, within the first 12 months of service and during each 12 months of service thereafter, where a sufficient amount of leave has been accrued up to the date upon which the leave is to be taken.

 

(e)        Limits on Accumulation of recreation leave and direction to take leave

 

(i)         At least two (2) consecutive weeks of recreation leave (or a combination of recreation leave and public holidays, extended leave or, if the Officer elects, leave without pay) shall be taken by an Officer every 12 months for recreation purposes, except by agreement with the Clerk in special circumstances.

 

(ii)        Where the operational requirements permit, the application for leave shall be dealt with by the Clerk according to the wishes of the Officer.

 

(iii)       The Clerk shall notify the Officer in writing when accrued recreation leave reaches 6 weeks or its hourly equivalent, and at the same time may direct an Officer to take at least 2 weeks recreation leave within 3 months of the notification.

 

(iv)       The Clerk shall notify the Officer in writing when accrued recreation leave reaches 8 weeks or its hourly equivalent and may direct the Officer to take at least 2 weeks recreation leave within 6 weeks of the notification.

 

(f)         Conservation of recreation leave -

 

(i)         If the Clerk is satisfied that an officer is prevented by operational or personal reasons from taking sufficient recreation leave to reduce the accrued leave below an acceptable level of less than 8 weeks, or its hourly equivalent the Clerk shall:

 

(ii)        specify in writing the period of time during which the excess shall be conserved; and

 

(iii)       on the expiration of the period during which conservation of leave applies, grant sufficient leave to the officer at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 8 week level specified.

 

The Clerk will inform an officer in writing on a regular basis of the officer’s recreation leave accrual.

 

14.  Sick Leave

 

Electorate Officers are entitled to 15 days paid sick leave per year which accrues from year to year where the entitlement is renewed each calendar year.  Part time staff are entitled to sick leave on a pro rata basis to the full time rate of 15 days per year.

 

15.  Family and Community Service Leave, Personal/Carer’s Leave and Flexible Use of Other Leave Entitlements.

 

1.          Definitions

 

The definition of "family" and "relative" for these purposes is the same as that provided in the Standard Clause of the State Personal/Carer's Leave Case (30 August 1996).  The person who needs the Officer's care and support is referred to as the "person concerned" and is:

 

(a)        a spouse of the Officer; or

 

(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; 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 Officer or of the spouse or de facto spouse of the Officer; or

 

(d)        a same sex partner who lives with the Officer as the de facto partner of that Officer on a bona fide domestic basis; or

 

(e)        a relative of the Officer who is a member of the same household, where for the purposes of this paragraph:

 

1.         'relative' means a person related to blood, marriage or affinity;

 

2.         'affinity' means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.         'household' means a family group living in the same domestic dwelling.

 

2.          Family and Community Service Leave - general

 

(i)         The appropriate employer may grant family and community service leave to an Officer:

 

(a)        for reasons related to the family responsibilities of the Officer, or

 

(b)       for reasons related to the performance of community service by the Officer, or

 

(c)        in a case of pressing necessity.

 

(ii)        Family and Community Service Leave replaces Short Leave.

 

(iii)       An Officer is not to be granted family and community service leave for attendance at court to answer a criminal charge, unless the appropriate employer approves the grant of leave in the particular case.

 

3.          Family and Community Service Leave - entitlement.

 

(i)         The maximum amount of family and community service leave on full pay that may be granted to an Officer is:

 

(a)        2.5 working days during the first year of service and 5 working days in any period of 2 years after the first year of service, or

 

(b)       1 working day for each year of service after 2 years' continuous service, minus any period of family and community service leave already taken by the Officer, whichever is the greater period.

 

(ii)        Family and Community Service Leave is available to part-time Officers on a pro rata basis, based on the number of hours worked.

 

(iii)       Where family and community service leave has been exhausted, additional paid family and community service leave of up to 2 days may be granted on a discreet, 'per occasion' basis to an Officer on the death of a person as defined in sub-clause 1 above.

 

4.          Use of sick leave to care for a sick dependant - general

 

When family and community service leave, as outlined in subclause 3 above, is exhausted, the sick leave provisions under subclause 5 may be used by an Officer to care for a sick dependant.

 

5.          Use of sick leave to care for a sick dependant - entitlement

 

(a)        The entitlement to use sick leave in accordance with this clause is subject to:

 

(i)         the Officer being responsible for the care and support of the person concerned, and

 

(ii)        the person concerned being as defined in subclause (1) of this clause.

 

(b)        An Officer with responsibilities in relation to a person who needs their care and support shall be entitled to use sick leave available from that year's annual sick leave entitlement minus any sick leave taken from that year's entitlement to provide care and support for such persons when they are ill.

 

(c)        Sick leave accumulates from year to year.  In addition to the current year's grant of sick leave available under 5(b) above, sick leave accrued from the previous 3 years may also be accessed by an Officer with responsibilities in relation to a person who needs their care and support.

 

(d)        The employer may, in special circumstances, make a grant of additional sick leave.  This grant can only be taken from sick leave accrued prior to the period referred to in subclause 5(c) above.

 

(e)        The Officer shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such to require care by another person.

 

(f)         The Officer has the right to choose the method by which the ground for leave is established, that is, by production of either a medical certificate or statutory declaration.

 

(g)        The Officer is not required to state the exact nature of the relevant illness on either a medical certificate or statutory declaration.

 

(h)        The Officer shall, wherever practicable, give the employer 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 Officer, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the Officer to give prior notice of absence, the Officer shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(i)         In normal circumstances, the Officer must not take leave under this subclause where another person has taken leave to care for the same person.

 

6.          Time Off in Lieu of Payment for Overtime

 

There is no provision for time off in lieu of overtime as clauses 4, All Incidence of Employment Allowance, and clause 9, Overtime, replace payment for overtime with an annual allowance prescribed in this award.

 

7.          Use of make-up time

 

(a)        An Officer may elect, with the consent of the employer, to work "make-up time".  "Make-up time" is worked when the Officer 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.

 

(b)        An Officer on shift work may elect, with the consent of the employer, to work "make-up time" (under which the Officer takes time off during ordinary hours for family or community service responsibilities and works those hours at a later time) at the shift work rate which would have been applicable to the hours taken off.

 

8.          Use of other leave entitlements

 

The appropriate employer may grant an Officer other leave entitlements for reasons related to family responsibilities, or community service by, the Officer.  An Officer may elect, with the consent of the employer, to take:

 

(a)        recreation leave;

 

(b)        extended leave; and

 

(c)        leave without pay.

 

9.          Grievance and dispute handling process

 

In the event of any grievance or dispute arising in connection with any part of the provisions of this determination, such a grievance or dispute shall be processed in accordance with the grievance and dispute handling provisions of the relevant organisation.

 

16.  Termination of Employment

 

(a)        Electorate Office staff are employed by the Speaker of the Legislative Assembly.

 

(b)        An Electorate Officer's services may be terminated by the giving of 2 weeks notice by either the Speaker, being the employer, or the individual officer or upon the end of the term of office of the Member for whom the officer works.

 

(c)        Termination of service other than by way of resignation or voluntary withdrawal of service may only be made by the Speaker of the Legislative Assembly.

 

17.  Separation from Service Provisions

 

At general election time, or upon a seat in the Legislative Assembly becoming vacant for any reason, every endeavour will be made to retain the services of currently employed Electorate Officers having regard to the wishes of each incoming Member.

 

Where an officer's services are terminated (other than at the officer's own request or where the officer is found guilty of a breach of discipline), the following termination arrangements are to apply:

 

(a)        Basis of entitlement

 

Electorate Officers whose services are terminated in circumstances where the relevant Member of the Legislative Assembly has ceased to hold office for any reason and provided that:

 

(i)         the Electorate Officer continues to work at the existing location and the incoming Member notifies the Speaker of the Legislative Assembly, within three months of the declaration of the poll, of his/her intention not to continue with the existing staffing arrangements, or

 

(ii)        the officer continues to work for the incoming Member and,

 

(1)        after the expiration of two months and before the expiration of the third month from the date of the declaration of the poll, and

 

(2)        to that date the member has not given to the officer/s a clear indication regarding an offer to continue employment, and

 

(3)        the officer identifies that they can no longer continue with the  existing arrangements, and that they notify the Speaker of the Legislative Assembly of this, they shall be entitled to separation payments as provided hereunder in subclause (b), however,

 

(iii)       Should an offer of employment be made and the Electorate Officer declines to accept the offer on grounds other than those identified above and this voluntary withdrawal of service is either before the third month or after the third month, it shall be treated as voluntary resignation and so not attract an entitlement to payment of the separation provisions.

 

(b)        Separation payments

 

(i)         Officers whose employment is terminated under subclause (a) of this clause will be entitled to termination payments and non-monetary support programs as agreed between the parties in the Electorate Officers Entitlements on Termination of Employment Agreement and the guidelines and policies of the Parliament of New South Wales.

 

(c)        Exclusions

 

Excluded from entitlement to separation payments are:

 

(i)         Relief Electorate Officers;

 

(ii)        Electorate Officers on workers' compensation whose claim is based on compensation for termination or officers awaiting determination of claims against the employer for termination of services;

 

(iii)       Electorate Officers subject to termination on the grounds of misconduct or unsatisfactory services;

 

(iv)       Electorate Officers who resign for any reason other than in circumstances envisaged in (a)(i) or (a)(ii) above;

 

(v)        Electorate Officers whose appointments were facilitated by way of leave without pay from the Public Service (on the basis that they will return to employment in the Public Service upon displacement).

 

(d)        Repayment of separation monies

 

(i)         Electorate Officers who have received payment of monies in consideration of separation from the service, do so on the understanding that they are liable to reimburse the employer, being the Speaker of the N.S.W. Legislative Assembly, all or part thereof (on a pro-rata basis) any sum paid where they are reappointed to another position as an Electorate Officer or to any other position in Crown employment.

 

(e)        Superannuation Fund entitlements

 

The Fund entitlements for contributors under subclause (b) above will be as follows:

 

(i)         Officers who are contributors to either the State Authorities Superannuation Scheme (SASS) or the State Superannuation Fund (SSF) who are eligible for separation payments in accordance with subclause (b) shall be regarded as having been retrenched, as defined in the State Authorities Superannuation Act 1987, for the purpose of determining their entitlements to benefits under those schemes.

 

(ii)        Officers who are contributors to either of those schemes who are not eligible for separation payments in accordance with subclause (b) shall be regarded as having resigned for the purpose of determining their entitlements benefits under those schemes.

 

18.  Government and Related Employees Tribunal Act

 

Notwithstanding anything contained in this Award, the provisions of the Government and Related Employees Appeal Tribunal Act shall continue to apply.

 

19.  Consultative Committee

 

An Electorate Officers joint consultative committee shall be established to monitor the implementation of this Award and make recommendations to the Speaker on any changes to the Award that may be thought appropriate during its period of operation.  Any variation/s approved by the Speaker shall be processed in accordance with the relevant legislation applying at the time the variation is sought.

 

The Committee shall consist of a representative of the Speaker and a representative of the Association, the latter chosen at the Association's discretion.  In addition, no more than 4 staff representatives nominated by the Association may be co-opted onto the consultative committee.  A representative of the Premier's Department may be co-opted to assist the Committee as required.

 

20.  Grievance and Dispute Handling Procedures

 

(a)        It is agreed between the parties that, wherever possible, informal means will be used to resolve any industrial dispute.

 

(b)        Should a dispute arise, in the first instance, the Officer(s) will notify (in writing or otherwise) the Member, or other appropriate person, as to the substance of the grievance/dispute, request a bilateral meeting to discuss it, and state the remedy sought.  A meeting should be held within 1 week of notification.

 

(c)        If the matter is not resolved in this meeting, the matter shall be further discussed by the Officer(s), and, at their request, the workplace delegate, or other appropriate person, the Member and where practicable, a senior officer of the Legislative Assembly.  This should take place within 1 week of the completion of step (b).

 

(d)        If the matter remains unresolved, the matter shall be further discussed by the Officer(s), and, at their request, the workplace delegate, or other appropriate person, the Member and a more senior management representative.  This should take place within 1 week of the completion of step (c) where possible or advice given to the time frame required to arrange a meeting.

 

(e)        If the matter remains unresolved and the Officer(s) is/are union member(s), it should be discussed/negotiated between representatives of the Association and the Clerk or the Speaker (or both) of the Legislative Assembly.  If the Officer is not a member of the union they may nominate a person to act on their behalf.  These actions should take place as soon as it is apparent that the earlier discussions will not resolve the grievance/dispute.  In addition, in the case of a grievance, if the matter has not been resolved at the conclusion of this stage of discussions, the employer must provide a written response to the grievance, including reasons for not implementing any proposed remedy.

 

(f)         A matter relating to the conditions of employment fixed by this Award may be submitted by one or the other of the parties when all other steps have been exhausted in sub-clauses (a) to (e) above, to the relevant industrial tribunal which may exercise its functions under the Industrial Relations Act 1996.

 

(g)        Where the issue in dispute relates to a change of a work or management practice, the pre-existing practice shall be allowed to continue until the issue has been finally resolved.  Neither party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub-clause.

 

21.  Deduction of Union Membership Fees

 

(a)        The Association shall provide the Presiding Officers with a schedule setting out Association fortnightly membership fees payable by members of the Association in accordance with the Association's rules.

 

(b)        The Association shall advise the Presiding Officers 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 Presiding Officers at least one month in advance of the variation taking effect.

 

(c)        Subject to (a) and (b) above, the Presiding Officers shall deduct Association fortnightly membership fees from the salary of any Officer who is a member of the Association in accordance with the Association's rules, provided that the Officer has authorized the Presiding Officers to make such deductions.

 

(d)        Monies so deducted from Officers' salary shall be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to Officers' Association membership accounts.

 

(e)        Unless other arrangements are agreed to by the Presiding Officers and the Association, all Association membership fees shall be deducted on a fortnightly basis.

 

(f)         Where an Officer has already authorized 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 Officer to make a fresh authorization in order for such deductions to continue.

 

22. Secure Employment

 

(a)        Objective of this Clause

 

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

(b)        Casual Conversion

 

(i)         A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

(ii)        Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

(iii)       Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(iv)       Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

(v)        Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

(vi)       If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:

 

(1)        whether the employee will convert to full-time or part-time employment; and

 

(2)        if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

(vii)      Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(viii)     An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

(c)        Occupational Health and Safety

 

(i)         For the purposes of this subclause, the following definitions shall apply:

 

(1)        A “labour hire business” is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(2)        A “contract business” is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

(ii)        Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(1)        consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

(2)        provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(3)        provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(4)        ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(iii)       Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(d)        Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

(e)        This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

23.  Area, Incidence and Duration

 

This award applies to all officers of the Legislative Assembly employed as Electorate Office Staff to members of the Legislative Assembly.

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Parliamentary Electorate Officers) Award published 30 July 2004 (345 I.G. 521) and all variations thereof.

 

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 31 July 2007.

 

This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Effective from the beginning of the first pay period to commence on or after 1.7.07

 

Table 1 - Salaries

 

 

Table 2 - Remuneration Rates

 

 

Table 3 - Other Rates and Allowances

 

 

 

 

R. W. HARRISON D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.