CROWN EMPLOYEES (TIPSTAVES TO JUSTICES) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1836 of 2004)
|
Before The Honourable Mr
Deputy President Harrison
|
30 July 2004
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Recreation
Leave
5. Long
Service Leave
6. Sick
Leave
7. Public
Holidays
8. Leave for
Special Purposes
9. Military
Leave
10. Study Time
11. Maternity
Leave
12. Adoption
Leave
13. Parental
Leave
14. Absence
whilst on Compensation to Count as Service for
Leave Purposes
15. Absences
caused by Adverse Weather Conditions
16. Continuity
of Service
17. Uniforms
18. Grievance
and Dispute Settling Procedures
19. Anti-Discrimination
20. Leave
Reserved
21. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1
Schedule A - Awards
and Variations Incorporated
Schedule B - Changes
made on Review
PART A
1. Title
This award shall be known as Crown Employees (Tipstaves to
Justices) Award.
2. Definitions
2.1 "Employee"
means a person employed as a tipstaff.
2.2 "Department"
means the Attorney General’s Department
2.3 "Service"
means continuous service both before and after the commencement of this award
as a tipstaff to any Justice of the Supreme Court of New South Wales or the
Industrial Relations Commission of New South Wales, or the Land and Environment
Court of New South Wales, or as a tipstaff to any Judge of the District Court
of New South Wales or the Compensation Court of New South Wales; provided that
future entrants shall be deemed to have the years of service indicated by the
salary at which they enter.
2.4 "Uniform"
means either a jacket and skirt or a jacket and pants as provided in NSW
Government Corporate Wardrobe.
3. Salaries
The rates of pay of employees shall be as set out in Table 1
of Part B, Monetary Rates.
4. Recreation Leave
4.1 Accrual and
Calculation of Leave -
4.1.1 Recreation leave
accrues at one and two third days per completed month of service, up to a
maximum of 20 days per year. Recreation leave does not accrue in respect of
unauthorised absences or in respect of authorised periods of leave without pay
which, when aggregated, exceed five working days in a leave year unless such
leave is taken during Law Vacation - see clause 4.4 Law Vacation below.
4.1.2 The minimum
unit of leave is a quarter of a day and leave may be taken in multiples of a
quarter day. Recreation leave entitlements
should be balanced at least once per year.
When calculating recreation leave, fractions other than an exact quarter
day should be rounded off to the nearest quarter day or multiple thereof.
4.1.3 When calculating
the proportionate deduction to be made in respect of leave without pay,
fractions other than a quarter day or multiple thereof, should be rounded off
to the next lower quarter day or multiple thereof.
4.2 Taking of
Leave -
4.2.1 Recreation leave
is to be taken in one consecutive period not later than six months after the
completion of each 12 months service, except where the employer and employee
agree otherwise.
4.2.2 An employee may
be required by the employer to take accrued recreation leave at a time
convenient to the employer but, as far as practicable, the wishes of the
employee should be taken into account when fixing the time for the taking of
leave, particularly where employees have special needs due to family
responsibilities. For example, where
employees have school aged children, leave rosters should be arranged in such a
way as to allow each person to take leave at some time during school holidays.
4.3 Conservation
of Leave - Conservation of leave up to a maximum of 40 working days may be
permitted by the employer in exceptional circumstances and on the understanding
that the leave will be reduced to an acceptable level as soon as possible.
4.4 Law Vacation -
4.4.1 Where a court
or tribunal or other judicial body is temporarily closed or reduced to a
nucleus for the purposes of annual holidays (law vacation), an employee who has
not accrued sufficient recreation leave to cover the whole period of such
closure or reduction of staff, will be required to take recreation leave to credit
followed by leave without pay for the balance of the period.
4.4.2 Employees who
are required to take leave without pay during law vacation are to be paid for
all public holidays occurring during such leave. This period of leave without pay is also to count for the accrual
of recreation leave in the following year.
4.5 Payment on
Termination of Employment -
4.5.1 On termination
of employment, an employee is entitled to be paid the monetary value of
recreation leave to credit.
4.5.2 For the purposes
of calculation of leave on termination, credit is to be allowed for periods of
employment of less than a month. Leave
due is to be calculated to an exact quarter day. Where applicable, fractions other than an exact quarter day are
to be taken to the next higher quarter day.
4.5.3 Where an
employee has been granted recreation leave in advance, the employer may deduct
the value of such leave from any remuneration due to the employee on
termination of employment.
4.6 Payment of
Monetary Value of Accrued Recreation Leave On Death -
4.6.1 If an employee
dies, the monetary value of accrued leave for which payment has not already
been made, may be applied towards the payment of funeral expenses or may be
paid to the employee's next of kin or to the Estate.
4.6.2 Where the
funeral expenses have not been paid or have been paid by a person other than
the person making the claim for payment of untaken recreation leave, approval
may be sought from the Minister to direct that the funeral expenses form the
first charge on the monetary value of leave.
Payment may be made directly to the funeral director or to the person
who paid the funeral expenses, subject to production of receipts.
4.6.3 Any balance of the
monetary value of recreation leave should then be paid to the employee's next
of kin or to the Estate as specified in the next clause.
4.6.4 If no claim for
payment of funeral expenses is made, the monetary value of leave is to be paid
in the following order (each class taking to the exclusion of the others):
4.6.4.1 to
the widow or widower of the employee; or
4.6.4.2 to
the children of the employee; or
4.6.4.3 to
the dependent relatives of the employee; or
4.6.4.4 to
the personal representative of the employee (that is the Estate)
4.7 Recreation
Leave Loading -
4.7.1 Employees are
to be granted a recreation leave loading equivalent to 17.5 per cent of four
weeks' ordinary salary or wages, provided that the loading payable does not, in
any case, exceed the loading calculated in accordance with the foregoing on the
maximum salary applicable from time to time to Grade 12, Clerk under the Public
Sector Employment and Management Act 2002.
4.7.2 There shall be
a leave loading year ending 30 November, in every year. The full entitlement to the loading on
recreation leave that the employee has accrued over the previous leave year is
to be paid to the employee on the first occasion when he or she takes
sufficient recreation leave to enable the employee to be absent from duty for
at least two consecutive weeks after 1 December in any year. The loading will apply only to leave accrued
in the year ending on the preceding 30 November.
4.7.3 Leave and
salary records need to be endorsed to indicate that the leave loading for the
previous leave loading year has been paid.
4.7.4 In the event of
no such absence occurring by 30 November of the following year, the employee is
to be paid the monetary value of the recreation leave loading payable on leave
accrued as at 30 November of the previous leave year, notwithstanding that the
employee has not entered on leave.
Leave and salary records need to be endorsed to indicate that the
payment has been made.
4.7.5 On retirement
or termination of services by the employer for any reason other than misconduct
an employee, who has not already taken a period of recreation leave since the
preceding 1 December and who has not been paid the recreation leave loading in
respect of such leave, is to be paid the recreation leave loading which would
have been payable had such leave been taken.
4.7.6 The recreation
leave loading is not to be paid when an employee is granted recreation leave to
credit or the monetary value of recreation leave to credit on resignation or
dismissal for misconduct.
4.7.7 Broken service
during the year does not attract the recreation leave loading. If an employee resigns and is
subsequently re-employed during the same year, only the service from the date
of re-employment is to be taken into account for annual leave loading purposes.
4.7.8 Rate of Payment
-
4.7.8.1 The
recreation leave loading is to be calculated on the salary or wage rate paid
for the leave when taken.
4.7.8.2 If
an increase in the salary or wage rate occurs during a period of leave, retrospective
adjustment of the recreation leave loading is to be made. Where payment is made as at 30 November,
because no period of two weeks' leave has been taken during the year, the
payment is to be calculated at the rate which would have been paid had the
leave been taken at 30 November.
4.7.8.3 Provided
adequate notice is given, the recreation leave loading is to be paid prior to
entry on leave, generally at the same time as the salary or wages in respect of
the period of leave.
4.7.8.4 The
recreation leave loading may be calculated in the following manner:
(a) Annual
Salaries; loading on 4 weeks leave; divide the annual salary by 74.54.
(b) Weekly Rates;
loading on 4 weeks leave; divide the weekly rate by 1.4286.
5. Long Service Leave
5.1 Accrual and
Calculation of Leave -
5.1.1 Long service
leave for employees accrues and is granted on a working day and not a calendar
day basis. All public holidays
occurring during the period of long service leave are to continue to be counted
as part of long service leave.
5.1.2 For the
purposes of accrual of long service leave:
one month of long service leave equals 22 working days;
each completed year of service between 5 and 10 years
of service, accrues 0.0843 days per week or 0.0169 of a day per day of service;
each completed year of service after 10 years, accrues
0.2108 days per week or 0.0422 of a day per day of service;
10 years of service will accrue 44 working days;
20 years of service will accrue 154 working days;
30 years of service will accrue 264 working days;
40 years of service will accrue 374 working days;
50 years of service will accrue 484 working days;
5.1.3 Accrued long
service leave may be taken at full or half pay.
5.1.4 The decision as
to whether leave will be taken at full or half pay, rests with the
employee. Whilst every effort should be
made to grant long service leave at a time requested by the employee, the
ultimate decision as to when leave will be taken rests with the employer.
5.1.5 The minimum
leave that may be granted is a quarter of a day.
5.1.6 Where the
services of an employee who has had at least five years' service but less than
ten years' service are terminated by the employer for any reason other than the
employee's serious and intentional misconduct or by the employee on account of
illness, incapacity or domestic or other pressing necessity, the employee is
entitled to receive payment for proportionate long service leave, calculated in
accordance with subclauses 5.1.1 to 5.1.5 above.
5.2 Service -
5.2.1 Service with
any "State Authority" or any "Governmental Service" within
the meaning of the Transferred Officers Extended Leave Act 1961, as
amended and upon the terms and conditions prescribed in the Act, shall be
regarded as service for the purposes of computing long service leave.
5.2.2 Service with
the Civil Construction Corps established under the National Security Act 1939,
or in the naval, military or air forces of the Commonwealth shall be regarded
as service with the authority by whom the employee was employed immediately
before commencing service with one of the abovementioned.
5.2.3 In respect of
employees employed on or after 1 January 1970, such service shall be recognised
for long service leave purposes according to the terms and conditions laid down
in the Transferred Officers Extended Leave Act 1961.
5.2.4 Absence due to
incapacity caused by accidents for which compensation is payable shall be
regarded as service for the purpose of accrual of long service leave.
5.2.5 Periods of
leave without pay do not count as service for long service leave purposes
except in the case of employees who:
5.2.5.1 have
completed at least ten years' service, in which case any period without pay not
exceeding six months taken after 13 December 1963 shall count for the accrual
of long service leave;
5.2.5.2 are
required to take leave without pay as a result of the law vacation.
5.2.6 All broken
periods of service, service being defined as in 5.2.1 above, shall count for
long service leave purposes.
5.3 Monetary Value
of Accrued Long Service Leave -
5.3.1 On termination
of services, an employee who has acquired a right to long service leave, shall
be paid, as a gratuity, the monetary value of long service leave to credit.
5.3.2 When an
employee applies for long service leave during the term of his or her
employment, and elects to be paid for such leave in advance, payment may be
made in a lump sum (but not as a gratuity) for leave to the employee's credit
as at the date immediately prior to the first day of long service leave.
5.3.3 Where an
employee has acquired a right to long service leave and dies before entering
upon it or after entering upon it dies before its completion, the monetary
value of long service leave to credit is to be paid in the following order
(each class taking to the exclusion of the others):
5.3.3.1 to
the widow or widower of the employee; or
5.3.3.2 to
the children of the employee. Where
there is a guardian of any children who are entitled to the monetary value of
long service leave, the monetary value of long service leave is to be paid to
the guardian for the children's maintenance, education and advancement; or
5.3.3.3 to
the dependent relatives of the employee; or
5.3.3.4 to
the personal representative of the employee (that is, the Estate)
5.3.4 The money value
of untaken leave is to be calculated at the rate of pay the employee was
entitled to receive at the time of death.
5.3.4.1 Where
an employee with at least five years' service but less than ten years service
dies, the monetary value of proportionate long service leave is to be paid in
the same manner as stated in subclause 5.3.2 above.
5.3.4.2 Where
payment of the money value of long service leave has been made under this
section, no action may be brought against the employing authority for payment
of any amount in respect of such leave.
5.3.5 Offset of Long
Service Leave already granted - Long service leave already granted to an employee
in respect of service with any Authority shall be offset against any leave for
which the employee may be eligible under these conditions.
5.3.6 Accrual of
Recreation Leave during Long Service Leave - Recreation leave shall accrue in
respect of any period during which an employee has been absent from duty on
long service leave. Where long service leave is taken at half pay, recreation
leave in respect of such period shall accrue at half the normal accrual rate.
5.3.7 Where the
monetary value of long service leave is paid in lieu of leave, no recreation
leave shall accrue in respect of the period covered by the payment.
6. Sick Leave
6.1 Accrual of
Leave -
6.1.1 Subject to the
conditions set out in clause 6, an employee with not less than three months'
continuous service may be granted sick leave up to a maximum of ten working
days in each sick leave year in respect of absence from duty, provided the
employer is satisfied that such absence is due to illness or incapacity not
attributable to the employee's misconduct.
6.1.2 For those who
commenced employment prior to 1 July 1986, a sick leave year shall commence on
the first day of January each year. In the first year of service, however,
where the employee has completed at least three months' of continuous service,
sick leave shall accrue on the following basis:
6.1.2.1 Where
employment commenced after 31 December and prior to 1 April: 10 days
6.1.2.2 Where
employment commenced after 31 March and prior to 1 July: 7.5 days
6.1.2.3 Where
employment commenced after 30 June and prior to 1 October: 5 days
6.1.2.4 Where
employment commenced after 30 September and prior to 1 January: 2.5 days
6.1.3 For those who
commenced employment after 1 July, 1986, the following sick leave provisions
apply:
6.1.3.1 during
the first 12 months of employment:
first 3 months of continuous service: no leave
3 to 6 months of continuous service: 5 days
6 to 9 months continuous service: 7.5 days
9 to 12 months of continuous service: 10 days
6.1.3.2 on completion
of 12 months' service; 10 days sick leave will be available per year from the
anniversary of commencement of employment.
6.1.4 Re-employment
in the same leave year - Where an employee is re-employed in the same leave
year, sick leave entitlement in respect of that year is not to exceed ten
working days or the sick leave that the employee would have been entitled to
had employment during the year been continuous from the date of first
employment in that year, whichever is the lesser.
6.1.5 Previous
accumulation - An employee who was employed as such on 1 January 1970 is to be
credited with the sick leave accumulated as at that date. In respect of a partially completed year of
service as at 31 December 1969, accumulation under the said subclause 6.1.2 is
to be calculated by allowing half a day for each completed month of service.
6.1.6 Accumulation
from 1 January 1970 - Effective from 1 January 1970, all sick leave not
utilised during the leave year, accumulates and may be used during subsequent
service as required in respect of genuine absences due to illness or
incapacity.
6.1.7 Service -
Except as provided in subclause 6.1.4 above and in the Continuity of Service
section hereunder, previous periods of employment are not to be taken into
account for sick leave purposes.
6.2 Special Leave
for Accepted War-Caused Disabilities - After a continuous period of at least
three months' service as a Ministerial employee, an employee who has had a
period of service with the armed forces of Australia, is eligible to be granted
up to ten days' special sick leave on full pay in any sick leave year in
addition to his or her ordinary sick leave, if he or she is absent as a result
of an accepted war-caused disability. Absences from duty for the following reasons
are also to be debited against the special sick leave:
6.2.1 attending
hospital or medical officer for pension review;
6.2.2 attending
hospital to report or for periodical examination or attention; and;
6.2.3 attending Limb
Factories for supply, renewal and or repair of artificial replacements or
surgical appliances.
6.3 When an
employee exhausts the special sick leave allocation in a leave year, any
further absences in that year on account of war-caused disabilities, are to be
charged against ordinary sick leave to credit.
6.4 Notification
of Absence - An employee, who is unable to attend work through illness, shall
contact the supervisor or another appropriate person within 24 hours to advise
of his or her inability to attend for duty, nature of illness or incapacity and
estimated period of absence.
6.5 Leave Pending
Determination of Claims for Workers' Compensation -
6.5.1 Pending the
determination of a claim for workers' compensation, an employee may be granted sick
leave to credit. If subsequently, payment of workers' compensation is approved,
any sick leave granted in anticipation of workers' compensation is to be
restored to the employee's credit.
6.5.2 When an
employee who has been absent from duty in excess of 26 weeks, is granted the
statutory rate under workers' compensation, he or she may utilise available
sick leave to make up the difference between the statutory rate and ordinary
rate of weekly salary or wage. On the expiration of available sick leave, weekly
compensation payments only will be payable.
6.6 Leave as a
Charge Against Accrued Recreation Leave, Long Service Leave or Leave Without
Pay.
An employee who has exhausted sick leave to credit and
is still unable to resume duty through illness or incapacity, may elect to
utilise any recreation, long service leave to credit or sick leave without pay,
provided the absence continues to be supported by acceptable medical
certificates.
6.7 Illness whilst
on Recreation or Long Service Leave -
6.7.1 Where an
employee produces a satisfactory medical certificate to the effect that he or
she has been incapacitated for any period whilst on recreation leave or for a
week or more whilst on long service leave, the employee may be granted sick
leave to credit in respect of the period covered by the medical certificate.
Recreation or long service leave replaced by the grant of sick leave is to be
recredited to the employee.
6.7.2 The granting of
sick leave shall not apply in respect of recreation or long service leave being
taken prior to resignation or termination of services.
6.8 Medical
Certificates - An employee absent on account of illness for any period shall
submit a medical certificate showing the nature of the illness, if called upon
by the employer to do so.
7. Public Holidays
7.1 The following
public holidays shall be paid for provided they occur on days which ordinarily
would be working days for the employees concerned: New Year's Day; Australia
Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday;
Labor Day; Christmas Day; Boxing Day and such other holidays as may be
proclaimed as public holidays throughout the State but not proclaimed local
holidays.
7.2 An employee
who is absent from work on the working day before or the working day after a
Public Holiday without reasonable excuse or without the approval of an
appropriate senior person, for example supervisor at the place of employment,
shall not be entitled to payment for such holiday. When work is not carried on right up to the holiday or resumed
immediately after a holiday, as at Christmas and New Year, payment for the
holiday shall be granted if the employee works up to the time of general
stoppage and resumes when the work recommences.
7.3 If the holiday
falls on a weekend, no additional payment shall be made unless the employee is
required to work on that day.
7.4 When a holiday
occurs during the first month in which an employee is absent through illness,
such an employee is to receive pay for the day at the rate of wages paid
immediately before the absence commenced.
7.5 Where any of
the abovementioned public holidays fall within a period of leave granted to an
employee, such holidays shall not be a charge against such leave except where leave
being taken is long service leave.
7.6 An employee
who is entitled to be paid for public holidays, shall be paid in full for any
such holidays occurring during a period of absence in respect of which workers
compensation payments are being made.
8. Leave for Special
Purposes
8.1 Bereavement
Leave -
8.1.1 An employee
other than a casual employee shall be entitled to up to three days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in 8.1.3 below.
8.1.2 The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
8.1.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer’s Leave in 8.11.1.3 provided that
for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
8.1.4 An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
8.1.5 Bereavement
leave may be taken in conjunction with other leave available under clause
8.11. In determining such a request the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the court.
8.2 Attending
Retirement Preparation Seminars - An employee may be granted one day's special
leave (with pay) for the purpose of attending a retirement preparation seminar
conducted by a recognised Superannuation Fund.
8.3 National
Aborigines Day - Employees who identify as Aborigines may be granted up to one
day's special leave to enable them to participate in the celebrations on the
day appointed each year as the National Aborigines Day.
8.4 Jury Service -
An employee who is called up for jury duty may elect to be granted:
8.4.1 special leave
with pay to cover the time necessarily absent from work, subject to the
employee refunding to the employer any fees, less out-of-pocket expenses, paid
by the Court in respect of attendance for jury duty; or
8.4.2 leave without
pay or as a charge against recreation leave to credit, in which case the
employee is entitled to retain all fees paid by the Court in respect of
attendance for jury duty.
8.5 Firefighting
or Assisting the State Emergency Services -
8.5.1 An employee who
undertakes firefighting duties during declared emergencies is to be granted special
leave on full pay for the time the employee is required to be absent from duty
on such emergency firefighting activities.
8.5.2 An employee who
is a volunteer member of a local Fire Brigade or Rural Fire Service may be
granted special leave on full pay to a maximum of five days per year to cover
necessary absences from duty when called upon to fight fires during normal
working hours.
8.5.3 An employee,
who volunteers to assist the State Emergency Services or Rural Fire Service
during emergency operations and is released by the employer for that purpose,
is to be regarded as being on duty whilst engaged in these activities during
normal working hours and paid as if he or she has been carrying out normal
work. Where an employee remains on
emergency duty for several days and, as a result, experiences physical
distress, such employee may be allowed reasonable time for rest before
returning to normal duties.
8.6 Absences due
to adverse weather conditions - Employees whose life or property is being threatened
by adverse weather conditions or where they are prevented from reporting for
duty by fire, flood or snow, are eligible to be granted leave to cover their
absence from duty.
8.7 Naturalisation
Ceremonies - An employee who is to be naturalised may be granted time off,
without loss of pay, for the minimum time necessary to enable him or her to
prepare for and attend the ceremony.
8.8 Leave to
attend Trade Union Training Courses - Leave may be granted up to a maximum of
12 working days in any period of two years to employees who are members of the
union to attend short training courses or seminars conducted by or with the
support of the Trade Union Training Australia, subject to the following
conditions:
8.8.1 that the
employer's operating requirements permit the grant of leave and the employee's
absence does not require the employment of relief staff;
8.8.2 leave of
absence will be granted at ordinary pay, that is, payment is not to include
shift allowances, penalty rates or overtime;
8.8.3 leave granted
will count as service for all purposes;
8.8.4 expenses
associated with attendance at such courses or seminars, for example fares,
accommodation, meal costs, will be met by the employee concerned, but subject
to the maximum prescribed above, leave may include travelling time required
during working hours to attend such courses or seminars;
8.8.5 applications
for leave must be accompanied by a statement from the union that it has
nominated the employee concerned for such course or seminar or that it supports
his or her application.
8.9 Leave for
employees holding office in Local Government -
8.9.1 Holders of the
office of Mayor of a Municipality, President of a Shire or Chairman of a County
Council may be granted special leave with pay for the purpose of attending
meetings, conferences or performing other council work which cannot be carried
out outside of ordinary working hours.
8.9.2 Whilst the
quantum of leave to be granted is to be determined by the employer, absences
requiring time off during normal working hours should be kept to a minimum.
8.9.3 Where the
employer is not prepared to grant special leave with pay, the employee may be
granted leave as a charge against available recreation leave or leave without
pay.
8.10 English Language
Tuition Leave -
8.10.1 Employees
of non-English speaking background who are unable to adequately communicate in
the English language, shall be granted time off without loss of pay to attend
English Language Classes conducted by the employer or any other recognised
statutory authority, for example the Adult Migrant English Service.
8.10.2 The
type, duration and extent of courses conducted by the employer shall be
developed in consultation with the Adult Migrant English Service or other
recognised authority.
8.11 Personal/Carer’s
Leave -
8.11.1 Use
of Sick Leave -
8.11.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in subclause 8.11.1.3 shall be entitled to use, in
accordance with this subclause, any sick leave accruing from 1 January 1998 in
terms of clause 6 Sick Leave, for absences to provide care and support for
such persons when they are ill. Such
leave may be taken for part of a single day.
8.11.1.2 The
employee shall, if required, establish either by production of a medical
certificate or statutory declaration, the illness of the person concerned.
8.11.1.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the person
concerned being:
(i) a spouse of
the employee; or
(ii) a de facto
spouse, who, in relation to the employee, is a person of the opposite sex to
the employee who lives with the employee as the husband or wife of the employee
on a bona fide domestic basis although not legally married to that person; or
(iii) 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 and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this subclause:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse because of marriage has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
8.11.2 An
employee 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 employee, the reasons for taking such
leave and the estimated length of absence.
If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of the absence.
8.11.3 Unpaid
Leave for Family Purpose - An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in subclause 8.11.1.3 of this clause who
is ill.
8.11.4 Recreation
Leave -
8.11.4.1 An
employee may elect, with the consent of the employer, subject to the provisions
of clause 4 Recreation Leave, to take recreation leave not exceeding five days
in single day periods or part thereof, in any calendar year at a time or times
agreed by the parties.
8.11.4.2 Access
to recreation leave, as prescribed in subclause 8.11.4.1 of this subclause,
shall be exclusive of any Law Vacation period provided for elsewhere under this
award.
8.11.4.3 Where
applicable, an employee and employer may agree to defer payment of recreation
leave loading in respect of single day absences, until at least five
consecutive recreation leave days are taken.
9. Military Leave
9.1 Annual Grant -
In the period of 12 months commencing on 1 July each year, employees who are part-time
members of the Defence Forces' Reserves are entitled to be granted military
leave on the following basis:
9.1.1 Annual Training
for members of the:
Navy Reserve - 13 calendar days on full pay.
Army Reserve - 14 calendar days on full pay.
Air Force Reserve - 16 calendar days on full pay.
9.1.2 Attendance at a
School, Class or Course of Instruction by members of the:
Navy Reserve - 13 calendar days on full pay.
Army Reserve - 14 calendar days on full pay.
Air Force Reserve - 16 calendar days on full pay.
Leave provided for in this subclause also applies to
attendances in a teaching capacity.
9.1.3 Additional
Grant - Where the Commanding Officer certifies in writing that it is obligatory
for the employee to attend training for a period that exceeds the leave
normally available, the employer may grant further military leave not exceeding
four calendar days in any one military leave year. If the additional 4 calendar
days are insufficient to cover the excess, then the employer may grant leave as
a charge against recreation or long service leave to credit or as leave without
pay.
9.1.4 Alternative
Arrangements - Whilst every effort should be made to release an employee from
work at the time requested, military leave may be refused if it is not in the
public interest to grant the leave at the time applied for. In such cases, the
leave is to be granted later in the military leave year to enable the employee
to attend an equivalent annual camp, school, class or course of instruction.
9.1.5 Payment for
Military Leave - Payment of wages in respect of periods of military leave is
additional to any payments that the employee receives from the Defence Force
Reserves.
9.2 Medical
Examinations - Special leave up to a maximum of one day may be granted for the
time necessary to attend a medical examination or tests for acceptance as a
part-time member of the Defence Force Reserves, subject to production of
evidence of attendance.
9.3 Casual Employees
- A casual employee required to undertake part-time military training may be
granted leave on the same basis as applies to other employees, provided the
period does not exceed the period in which he or she would normally have been
employed by the current employer.
10. Study Time
10.1 Purpose - Study
time is granted for the following purposes:
10.1.1 attendance
at compulsory lectures, tutorials or residential schools, where these are held
during working hours;
10.1.2 necessary
travelling during working hours to attend lectures or tutorials held during or
outside working hours;
10.1.3 weekly
private study;
10.1.4 to
provide a period of time off prior to or during the examination period for
private study purposes as an alternative to weekly study time.
10.2 Courses
Eligible for Study Time - Courses for which study time is granted must meet at
least one criteria in each of the subclauses below:
10.2.1 lead
to a recognised qualification; or
be a TAFE special course; or
be a bridging or qualifying course; or
be an incidental subject which forms part of a course
for which study time would be available, where the incidental subject is of
relevance to the employer or the public sector.
10.2.2 be
administered by a public institution;
be accredited by the Higher Education Unit of the
Ministry of Education and Youth Affairs; or
lead to membership of a registered professional
organisation.
10.2.3 be
able to be taken on a part-time basis. Study time does not apply to a course that
is organised essentially for full time students or which, in later stages,
requires full-time attendance.
10.3 More Than One
Course Studied at the One Time -
10.3.1 Study time may
be granted for more than one course at the same time, provided that the two
courses together result in a part-time load and the attendance pattern is
convenient to the employer.
10.3.2 Regardless of
the number of courses studied at one time, the maximum grant remains four hours
per week, as outlined in subclause 10.4 below.
10.4 Calculation of
Study Time Grant -
10.4.1 Half an hour is
granted for every hour of class attendance required, up to a maximum grant of
four hours per week and in respect of correspondence courses, by allowing half
an hour for every hour of tutorial or lecture attendance in a corresponding
face to face course.
10.4.2 Where there are
block attendance requirements or field days, the grant is calculated by:
Step 1: totalling the attendance requirement, in hours,
for the semester;
Step 2: dividing this amount by two;
Step 3: dividing this by the number of weeks in the
semester that lectures are held;
Step 4: this amount, or 4 hours, whichever is the
lesser, is the weekly amount granted.
10.5 Additional
Leave -
10.5.1 Where the grant in
subclause 10.4 above is insufficient to cover essential absences, the necessary
extra should be granted. Additional
leave which, together with leave granted under 10.4 above, totals 4 hours or
less does not have to be made up. Leave of more than 4 hours per week must be
made up.
10.5.2 Study time
granted in excess of 4 hours may be made up either in advance or in retrospect.
10.6 Study Time in
Excess of Four Hours Per Week - Study time granted in excess of four hours per
week may be made up either in advance or in retrospect but always in accordance
with the arrangement negotiated, in advance, between the employer and employee.
When such an arrangement is being negotiated, the
following factors should be considered:
10.6.1 nature of the
duties;
10.6.2 needs of the
workplace;
10.6.3 whether
additional leave granted can be made up before the next grant; and
10.6.4 use of other
forms of leave to offset the additional study time where making it up is
impractical.
10.7 When Study Time
is Postponed or Not Granted.
10.7.1 Study time is
not to be granted in respect of any classes not attended or when an employee is
absent on any other form of leave.
10.7.2 Study time is an
expendable grant. It is lost if not taken at the nominated time but, if an
emergency situation arises and the employee is asked by the employer to forego
their normal study time, such time may be granted on another day during the
same week.
10.8 Power to Grant
or Refuse - The grant of study time is subject to the relevance of the course
and employer convenience. The employer has the power to grant, and to refuse,
study time and the actual study time arrangement must be negotiated between the
employee and the employer.
10.9 Repeated
Subjects -
10.9.1 Study time is
not available for repeated subjects unless evidence can be provided that
failure to successfully complete the subject at first attempt was caused by
circumstances outside the employee's control.
10.9.2 An employee attending,
during working hours, repeat subjects for which study time has not been
granted, must make up all time taken off in attending those subjects.
10.10 Accumulation -
Subject to employer's convenience:
10.10.1 employees
may choose to accumulate part or all of their study time;
10.10.2 accumulated
study time may be taken in any pattern or at any time.
10.11 Compulsory
Residential Schools - Correspondence students may accumulate their study time
as outlined in subclause 10.10 above in order to cover any compulsory
residential schools.
10.12 Block Grants -
10.12.1 Some
courses require substantial block attendance to allow students to undertake
compulsory practical work experience.
10.12.2 A
block grant may be made, either in addition to or instead of study time
accumulating under 10.11 above, if the employer is satisfied that:
10.12.2.1 block
attendance is compulsory;
10.12.2.2 the
usual study time grant is inadequate; and
10.12.2.3 the
course is of significant value and therefore warrants a different kind of
grant.
10.13 Maximum Periods
of Block Grants - Block periods of study time may be granted as follows:
10.13.1 up to
10 days study time may be granted in addition to the grant outlined in
subclause 10.5 above;
10.13.2 up to
20 days study time may be granted instead of the grant outlined in subclause
10.6 above.
10.14 Study Time
Granted for the Whole Course - In some circumstances it may be more appropriate
to grant an amount of study time for the whole course. Such study time can then
be taken according to the needs of the employee and employer's convenience. In
cases of this type, the average yearly study time taken should not be more than
10 days, if taken in accordance with 10.13.1 above or 20 days, if taken in
accordance with 10.13.2 above.
10.15 Courses
Involving Research and Thesis - Block periods of study time may be granted to
staff in relation to the research and thesis component of:
10.15.1 higher
degrees;
10.15.2 qualifying
studies to higher degrees; or
10.15.3 Honours
studies.
10.16 Grant of Block
Periods in Respect of Courses Involving Research and Thesis - These block
periods may be granted on the following basis:
10.16.1 where
a course at any level involves a thesis or major project as well as coursework,
the usual study time would be granted for the coursework and 10 days study time
for the thesis or major project component;
10.16.2 for
qualifying studies entirely by thesis the grant is 10 days;
10.16.3 for
masters degree studies by research and thesis only, the total grant is
25 days for courses of 2 years' minimum duration and 35 days for courses
of 3 years' minimum duration.
10.16.4 for
doctoral studies, the total grant for the course is 45 days.
10.17 Monitoring Study
Time - Employers should ensure that:
10.17.1 employees
granted study time have completed their enrolments;
10.17.2 employees
are continuing with the course for which study leave has been granted;
10.17.3 where
there is a choice of times for attendance, the actual attendance pattern is
convenient to the employer as well as the employee; and
10.17.4 additional
study time, in excess of four hours per week, is made up.
10.18 The Application
Process - Employees who wish to apply for study time should formally notify the
employer as soon as possible. Where
study time has been granted, employees should give the employer reasonable
notice of the program for each year or semester and their proposed pattern of
leave. This will allow any negotiations
to be completed before the academic year or semester begins.
10.19 Refusal of Study
Time Applications - Where an employer decides to refuse an application for
study time, he or she should ensure that:
10.19.1 timely
advice is given to the applicant to allow consideration of alternatives;
10.19.2 counselling
is available to applicants to consider alternatives;
10.19.3 reasons
for refusal are clearly and promptly stated, in writing, to the applicant;
10.19.4 an
internal review process or grievance procedure is available should the employee
wish a review of the decision.
If subsequently the decision not to grant study time is
overturned, the employer may grant study time retrospectively.
10.20 Examination
Leave -
10.20.1 Paid
leave, up to a maximum of 5 working days per year, may be granted
in respect of attendance at examinations in approved courses of
study. Examination leave is available
to both face to face and correspondence students.
10.20.2 The
period granted is to include time actually involved in the examination and necessary
travelling time. Examination leave is not to be granted in respect of any
examinations conducted within normal class timetable during the term or
semester, and where study time has been granted to the candidate
11. Maternity Leave
11.1 Entitlement -
11.1.1 Unpaid Maternity
Leave - All female employees, excluding casual employees shall be entitled to
unpaid Maternity Leave of:
11.1.1.1 up to
9 weeks before the expected date of birth of the child; and
11.1.1.2 up to
12 months after the actual date of birth of the child.
11.1.2 Paid Maternity
Leave - Female employees who prior to the expected date of birth, have
completed 40 weeks continuous service, shall be eligible for 9 weeks full pay
from the date maternity leave commences.
Continuous service is defined as full or part‑time
but not casual service, within the NSW Public Service or with a State or
governmental organisation proclaimed as such under the Transferred Officers
Extended Leave Act 1961.
11.2 Payment for
Maternity Leave -
11.2.1 Method - Payment
for the nine weeks may be made as follows:
11.2.1.1 in
advance in a lump sum; or
11.2.1.2 on a
normal fortnightly basis; or
11.2.1.3 at
the rate of half pay over a period of 18 weeks on a regular fortnightly basis;
or
11.2.1.4 a
combination of full-pay and half pay outlined in 11.2.1.2 and 11.2.1.3.
11.2.2 Rate -
11.2.2.1 For
female employees working full‑time, paid maternity leave shall be at the
full time rate.
11.2.2.2 For
female employees on part‑time leave without pay, where the period of part
time leave without pay preceding maternity leave is 40 calendar weeks or less,
paid maternity leave shall be granted at the full‑time rate.
11.2.2.3 For
female employees on part‑time leave without pay, where the period of part
time leave without pay preceding maternity leave exceeds 40 calendar weeks,
paid maternity leave shall be granted at the part time rate.
11.2.2.4 For
female employees on permanent part time work, paid maternity leave shall be granted
at the part time rate.
11.3 Applications
and Variations -
11.3.1 Notification of
requirements - A female employee who intends to proceed on maternity leave,
shall formally notify the employer, in writing, not less than 8 weeks prior to
the commencement of the leave. Such
notification shall be accompanied by a medical certificate indicating the
expected date of birth.
11.3.2 Variation before
Commencement of Leave - Before actually commencing maternity leave, a female
employee may vary the period of leave any number of times.
11.3.3 Variation after
Commencement of Leave - After commencing maternity leave, a female employee may
vary the period of leave.
11.3.3.1 once
without the consent of the employer; and
11.3.3.2 any
number of times with the consent of the employer.
11.3.4 Minimum Notice -
A minimum of 4 weeks notice of any variation must be given. A lesser period may be given if acceptable
to the employer.
11.4 Maternity Leave
Arrangements - Maternity Leave may be taken as follows:
11.4.1 full time, up to
a maximum of 12 months from the date of birth; or
11.4.2 part time, up to
maximum of 2 years from the date of birth, subject to the convenience of the
employer;
11.4.3 a combination of
full time and part time providing that less than 12 months maternity leave on a
full‑time basis is taken and that the balance taken part time, will
conclude before the child's second birthday.
11.5 Paid Leave
Prior to or During Maternity Leave -
11.5.1 Illness
Associated with Pregnancy - If, because of an illness associated with her
pregnancy, a female employee is unable to continue to work, then she can elect
to use any available paid leave (sick, recreation and/or extended leave) or to
take sick leave without pay. Such leave
shall cease nine weeks before the expected date of birth and maternity leave
shall commence from that date.
11.5.2 Other Leave
Immediately Prior to Maternity Leave - Where a female employee who is not sick,
wishes to cease duty before the date on which she plans to enter on maternity
leave, she may do so by applying for any available recreation leave or extended
leave, or for leave without pay.
11.5.3 Other Paid Leave
-
11.5.3.1 If a
female employee so elects and subject to the employer's convenience, recreation
and/or extended leave to which she is entitled may be combined with maternity
leave.
11.5.3.2 Leave
so granted does not reduce the entitlement of 12 months unpaid maternity leave
but may affect the right of return to former position - See subclause 11.8
below.
11.5.3.3 The
period over which recreation and/or extended leave combined with unpaid
maternity leave (full time or part time), shall not exceed a total period of 2
years from the date of birth of the child.
11.6 Premature
Birth, Stillbirth, Miscarriage -
11.6.1 Premature Birth
- If a female employee gives birth prematurely and before commencing the
maternity leave for which she has applied, she shall be treated as being on
maternity leave from the date she enters on leave to give birth to the child
and any previous leave arrangements will be negated.
11.6.2 Stillbirth - In
the event of a stillbirth, the female employee may elect to take available sick
leave or maternity leave.
11.6.3 Miscarriage - In
the event of a miscarriage any absence from work is to be covered by the
current sick leave provisions.
11.7 Fitness to
Continue Working -
11.7.1 General - If a
female employee decides to continue working during the period of nine weeks
prior to the expected date of birth, she must be able to satisfactorily perform
her normal duties.
11.7.2 Medical
Certificate Requirements - If necessary, the employer may require the female
employee to provide a medical certificate confirming that she is fit and able
to continue working during this period.
11.7.3 Alternative work
for Employees at Risk - Where, because of an illness or risk associated with
her pregnancy, the female employee is unable to carry out the duties of her
position, the employer shall, as far as practicable, provide employment in some
other position, the duties of which she is able to satisfactorily perform. The position to which the female employee is
transferred under these circumstances shall be as close as possible in status
and salary to her substantive position.
11.8 Return To Work
-
11.8.1 Notification -
As soon as practicable after having the child, a female employee on maternity
leave shall notify the employer, in writing, of the child's date of birth (or
stillbirth).
11.8.2 Shortening of period
of maternity leave - A female employee may shorten the period of maternity
leave with the agreement of the employer and by giving the employer notice in
writing of the shortened period at least 14 days before the leave is to come to
an end.
11.8.3 Right of return
to former position - A female employee has a right of return to her former
position if she returns to work from full time leave no later than 12 months
from the date of birth of her child.
11.8.4 Right of return
forfeited - If a female employee forfeits the right of return to the former
position by not resuming duty at the expiration of 12 months full‑time
leave or its equivalent part time, she should be given a position at the same
grade and classification as her former position on her return to work.
11.8.5 Former position
abolished - If the former position has been abolished, the female employee
shall be transferred to a position at the same classification and grade and
where practicable, in the former location.
11.8.6 Former position
relocated - If the position has been moved as part of a formal relocation of an
organisational unit (for example, the relocation of all or part of an agency
from the Central Business District, or the regionalisation of agency's
functions) the female employee has a right to return to her former position in
the new location. If the female employee so requests, the employer should
consider the practicability of transferring her to a position at the same
classification and grade in the former, or more suitable location.
11.8.7 Reversion to
Maternity Leave -
11.8.7.1 A
female employee who has returned to full time duty after less than her full
entitlement to maternity leave, shall be entitled to revert to maternity leave
either on a full time or part time basis if she so elects. This election may be exercised only once and
a minimum of 4 weeks notice (or less if acceptable to the employer) of her
intention to resume maternity leave must be given.
11.8.7.2 A
female employee must still comply with the requirement to complete full time
maternity leave before the child's first birthday or part‑time maternity
leave before the child's second birthday.
11.9 Calculation of
Increments and Leave Credits -
11.9.1 Increments - Any
period of paid maternity leave (at full or half‑pay) shall count as full
service for the purposes of determining incremental progression. However unpaid
maternity leave shall not count as service for determining incremental
progression.
11.9.2 Leave Credits -
(a) Maternity
leave at full pay shall count as full service for the purposes of determining
all forms of leave.
(b) Maternity leave
at half pay is paid leave that is being taken at a reduced rate of pay and
shall accrue all other leave at half the rate.
(c) Unpaid maternity
leave shall not count as service for determining any form of leave entitlement
except for long service leave in cases where at least 10 years of service has
been completed and the unpaid maternity leave does not exceed 6 months.
11.10 Further Pregnancy
-
11.10.1 General
- Where a female employee becomes pregnant whilst on maternity leave, a further
period of maternity leave shall be granted if requested.
11.10.2 Cessation
of current entitlement to leave - When a female employee enters on the second
period of maternity leave during the currency of the initial period of
maternity leave, any maternity leave remaining from the initial entitlement
ceases.
11.11 Superannuation -
Female employees on maternity leave, whether paid or unpaid are not required to
meet the employer's superannuation contribution. Contributors shall ensure
however, that satisfactory arrangements are made with the appropriate
Superannuation Scheme for the payment of their (that is, the employee's)
superannuation component if required by their Superannuation Scheme to do so
during maternity leave.
12. Adoption Leave
12.1 A staff member
adopting a child and who will be the primary care giver shall be entitled to be
granted adoption leave.
12.1.1 For a period of
up to 12 months if the child has not commenced school at the date of the taking
of custody; or
12.1.2 For such period,
not exceeding 12 months on a full-time basis, as the employer may determine, if
the child has commenced school at the date of the taking of custody.
12.1.3 A staff member
who has been granted adoption leave may, with the permission of the employer,
take leave full-time for a period not exceeding 12 months.
12.1.4 Adoption leave
shall commence on the date that the staff member takes custody of the child
concerned, whether that date is before or after the date on which a court makes
an order for the adoption of the child by the staff member.
12.1.5 A staff member
who resumes duty immediately on the expiration of adoption leave shall:
(a) if the
position occupied by the staff member immediately before the commencement of
that leave still exists - be entitled to be placed in that position; or
(b) if the position
so occupied by the staff member has ceased to exist, but there are other
positions available that the staff member is qualified for and is capable of
performing, the staff member shall be appointed, to a position of the same
grade and classification as the staff member’s former position.
12.1.6 A staff member who
will be the primary care giver from the date of taking custody of the adopted
child shall be entitled to payment at the ordinary rate of pay for a period of
three weeks of adoption leave or the period of adoption leave taken, whichever
is the lesser period if the staff member:
12.1.7 Except as
provided in paragraph 12.1.6 of this subclause, adoption leave shall be granted
without pay.
12.1.8 Special Adoption
Leave - A staff member shall be entitled to special adoption leave without pay
for up to two days to attend interviews or examinations for the purposes of
adoption. Special adoption leave may be
taken as a charge against recreation leave.
13. Parental Leave
Parental leave is leave without pay and is available to
employees. An employee is entitled to
take parental leave (in accordance with the provision below) in respect of each
pregnancy of their spouse or partner, or adoption, where their spouse or
partner is the primary care giver to the adopted child.
13.1 One week of
unpaid leave from the date of birth of the child or the date of placement of an
adopted child; and
13.2 with consent of
the employer up to a further 51 weeks unpaid leave on a full-time basis; or
13.3 with consent of
the employer up to a maximum of 103 weeks unpaid leave on a part-time basis.
Parental leave may be combined with accrued recreation
leave and/or extended leave, provided the period of leave does not exceed the
equivalent of 12 months full time leave.
14. Absence Whilst on
Compensation to Count as Service for Leave Purposes
Absence due to incapacity caused by an accident for which
compensation is payable is to be regarded as service for the accrual of all
leave.
15. Absences Caused
By Adverse Weather Conditions
Where an employee is stood down without pay because of an
adverse weather condition, such absence is to be regarded as service for
recreation and long service leave purposes.
16. Continuity of
Service
16.1 Periods of
absence not to affect continuity - Continuity of service shall be deemed not to
be broken by periods of absence on recreation, sick or long service leave or
other absences not involving a termination of the contract of employment.
An employee's contract of employment and continuity of
service shall also be deemed not to be broken by termination of services
arising directly or indirectly from an industrial dispute or where the services
have been terminated by the employing authority by reason of slackness of work.
Such break in the contract of employment however is not be taken into account
in calculating the period of service.
16.2 Termination due
to ill health and subsequent re-employment - Where the services of an employee
have been terminated because of ill health but the employee is re-employed
within a period of twelve months, the previous service is to be taken into
account for recreation and sick leave purposes, provided the employee is able
to produce a medical certificate which covers the whole period of absence, that
is, from date of termination to date of re‑employment.
16.3 Taking of Leave
- Leave is to be taken, whenever practicable, upon the completion of each
12 months service and not later than six months after accrual.
16.4 General - In
all other respects, the provisions for Recreation Leave under clause 4 apply.
17. Uniforms
One new uniform shall be supplied to each tipstaff upon
appointment as a tipstaff and thereafter upon each twelve months completed
service each tipstaff shall receive a new uniform provided that each tipstaff
shall be responsible for the reasonable upkeep and repair of his or her own
uniform.
18. Grievance and
Dispute Settling Procedures
18.1 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.
18.2 An staff member
is required to notify in writing their immediate supervisor, as to the
substance of the grievance, dispute or
difficulty, request a meeting to discuss the matter and if possible, state the
remedy sought.
18.3 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 Department
Head or delegate
18.4 The immediate
supervisor 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.
18.5 If the matter
remains unresolved with the immediate supervisor, 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. This sequence of reference to successive
levels of management may be pursued by the staff member until the matter is
referred to the Department Head.
18.6 The Department
Head may refer the matter to the Public Employment Office for consideration.
18.7 If the matter remains
unresolved, the Department Head shall provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
18.8 An staff
member, at any stage, may request to be represented their union.
18.9 The staff
member, or the Association on their behalf, or the Department Head may refer
the matter to the New South Wales Industrial Relations Commission if the matter
is unresolved following the use of these procedures.
18.10 The employee,
Association, department and PEO shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
18.11 Whilst the Procedures
Outlined in Subclauses 18.1 to 18.11 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.
19.
Anti-Discrimination
19.1 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.
19.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, 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.
19.3 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.
19.4 Nothing in this
clause is to be taken to affect:
19.4.1 any conduct or
act which is specifically exempted from anti‑discrimination legislation;
19.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
19.4.3 any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1977;
19.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
19.5 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.
20. Leave Reserved
In the event that any conditions relating to matters other
than those dealt with by this award are altered, except with the consent of the
Public Service Association of New South Wales, liberty to apply is reserved to
the Association.
21. Area, Incidence
and Duration
21.1 This award
shall apply to tipstaves to any Justice of the Supreme Court of New South
Wales, the Industrial Relations Commission of New South Wales and the Land and
Environment Court of New South Wales and to tipstaves to any Judge of the
District Court of New South Wales and the Compensation Court of New South
Wales.
21.2 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and replaces the Crown Employees (Tipstaves to Justices) Award published
on 8 June 2001 (325 I.G. 346) and all variations thereof.
21.3 The award
published on 14 August 1964 took effect from the beginning of the first pay
period to commence on 5 June 1964 and the variations thereof incorporated
herein on the dates set out in the attached Schedule A.
21.4 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 22 June 2004.
21.5 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
|
Tipstaff
|
Salary Per Annum
|
|
|
$
|
|
1st Year of service
|
37,528
|
|
2nd Year of service
|
38,248
|
|
3rd Year of service
|
38,913
|
|
Tipstaff to the Chief Justice
|
39,594
|
SCHEDULE A
Awards and Variations Incorporated
|
Clause
|
Award/
|
Date of
|
Date of Taking
|
Industrial
|
|
|
Variation
|
Publication
|
Effect
|
Gazette
|
|
|
Serial No.
|
|
|
Vol.
|
Page
|
|
Crown
|
|
|
First pay period
|
|
|
|
Employees (Tipstaves to
|
|
|
from
|
|
|
|
Justices) Award
|
|
|
|
|
|
|
1 to 7
|
64/307
|
14.8.64
|
5.6.64
|
154
|
678
|
|
1 and 3
|
65/6
|
8.1.65
|
5.1.65
|
156
|
232
|
|
1 and 3
|
66/481
|
29.4.66
|
14.2.66
|
161
|
557
|
|
3
|
67/143
|
14.8.68
|
1.7.67
|
170
|
719
|
SCHEDULE B
Changes Made on
Review
Date of
Effect: 5 March 2001
(1) Provisions Modified:
|
Award
|
Clause
|
Previous Form of
Clause
|
|
|
|
Last Published at:
|
|
|
|
I.G. Vol.
|
Page
|
|
Crown Employees (Tipstaves to Justices)
|
|
|
|
|
Award
|
|
|
|
|
Definitions
|
2
|
154
|
678
|
|
Salaries
|
3
|
170
|
720
|
|
Leave
|
4
|
154
|
678
|
|
Uniforms
|
5
|
154
|
678
|
|
Existing Conditions
|
6
|
154
|
678
|
|
Area, Incidence & Duration
|
7
|
154
|
678
|
(2) Provisions
Removed
|
Award
|
Clause
|
Previous Form of
Clause
|
|
|
|
Last Published At:
|
|
|
|
I.G. Vol.
|
Page
|
|
Crown Employees (Tipstaves to Justices)
|
|
|
|
|
Award
|
|
|
|
|
Basic Wage
|
1
|
170
|
720
|
(3) Rescinded Obsolete Awards Related to This Review:
Nil.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.