CROWN EMPLOYEES (MINE SAFETY AND ENVIRONMENTAL OFFICERS-DEPARTMENT OF
MINERAL RESOURCES) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant
section 19 of the Industrial Relation Act
1996.
(No. IRC 974 of 2001)
Before Mr Deputy President Sams
|
28 May 2001
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Preamble
3. Definitions
4. Parties to the Award
5. Salaries
6. Scope of Employment
7. Appointment of Officers
8. Progression of Officers
9. Mine Safety and Environment Committee
10. Review of Qualifications and Competencies
11. Qualifications and Competencies - Acquisition
and Maintenance
12. Hours of Duty
13. Mine Backshift Inspections
14. Overtime, On Call and Call Out Arrangements
15. Grading and Evaluation of Positions
16. Department Induction Seminars
17. Grievance and Dispute Handling Procedures
18. Anti-Discrimination
19. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
SCHEDULES
Schedule 1 -
Appropriate Qualifications
Schedule 2 -
Statutory Requirements, Tertiary Qualifications and
Competency-based
Training Programme
PART A
1. Title
This award shall be known as the Crown Employees (Mine
Safety and Environment Officers - Department of Mineral Resources) Award.
2. Preamble
This award is made in recognition by the parties of the
major structural reform resulting from the implementation of the Mine Safety
Review Report tabled in the NSW Parliament on 9 April 1997. The award also recognises:
changes in duties, work practices, responsibilities,
accountabilities;
appointment and promotion based on the acquisition of
competencies;
creation of the classification of Mine Safety Officer;
separation of the occupational health and safety and
environmental functions; and
in establishing rates of pay in this award, regard has been
had to the rates of pay applicable to the mining industry,
for officers employed under the award.
3. Definitions
(i) "Act"
means the Public Sector Management Act 1988.
(ii) "Appropriate
Qualifications" are those qualifications relevant to the classifications
under this award, which are:
required by officers in order to fulfil the Department’s
responsibilities under the Mines
Inspection Act 1901, Coal Mines
Regulation Act 1982, or any relevant legislation enacted by the NSW
Parliament during the term of this award; or
from time to time identified and agreed as appropriate by
the Department Head, following a review carried out by the Mine Safety and
Environment Committee in accordance with clause 10, Review of Qualifications
and Competencies; or
otherwise recognised for progression purposes by the
Department Head, in accordance with subclause (3) of clause 8, Progression of
Officers.
Current qualifications deemed appropriate to be held by
officers under this award are set out in Schedule 1.
(iii) "Association"
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
(iv) "Backshift",
for the purpose of this award, is a mine-working shift which either commences
or finishes outside the Department’s business hours of 8.30 a.m. and 4.30 p.m.,
Monday to Friday.
(v) "Department"
means the Department of Mineral Resources, as specified in Schedule 1 of the Public Sector Management Act 1988.
(vi) "Department
Head" means the Director-General of the Department of Mineral Resources.
(vii) "Director"
means Director of Mine Safety and Environment.
(viii) "Inspector"
means and includes all persons permanently or temporarily employed under the
provisions of the Public Sector
Management Act 1988 who occupy positions of Inspector of Coal Mines,
Inspector of Mines (Metalliferous), Electrical Inspectors and Mechanical
Inspectors with the Department as described in the Mines Inspection Act 1901, Coal
Mines Regulation Act 1982, and Mining
Act 1992 or may be classified as an Inspector or described by a new
definition or description resulting from a variation or amendment to the
aforesaid Acts and Regulation, or by new or other legislation.
(ix) "Job
Evaluation" means an accredited system agreed to between the parties, to
grade the positions of officers employed under this award.
(x) "Mine",
for the purposes of this award, is the description contained in the Mines Inspection Act 1901, Coal Mines Regulation Act 1982 and the Mining Act 1992.
(xi) "Committee"
means the Mine Safety and Environment Committee comprising the Director, or
nominee, two Grade 4 Inspectors and three representatives of the Association or
as otherwise comprised by agreement between the Department and the Association
with the functions and responsibilities described in clause 9, Mine Safety and
Environment Committee.
(xii) "Normal
Work", for the purposes of subclause (viii) of clause 17, Grievance and
Dispute Handling Procedures, will be work carried out in accordance with the
officer’s position or job description at the location where the officer was
employed at the time the grievance or dispute was notified by the officer.
(xiii) "Normal
Working Hours" are the ordinary hours of work performed in accordance with
clause 12, Hours of Duty.
(xiv) "Officer"
means and includes all persons permanently or temporarily employed under the
provisions of the Public Sector
Management Act 1988 who are appointed to positions classified under this
award in the Department of Mineral Resources.
(xv) "PEO"
means the Public Employment Office, NSW Premier’s Department; the employer for
industrial purposes under the Public
Sector Management Act 1988.
(xvi) "Position"
means a position as dealt with in s.8 of the Public Sector Management Act 1988.
(xvii) "Public
Service" means the Public Service of New South Wales as defined in the Public Sector Management Act 1988.
(xviii) "Regulation"
means the Public Sector Management (General) Regulation 1996.
(xix) "Service"
means continuous service.
(xx) "Salary
Rates" means the ordinary-time rate of pay for the officer's grading and
includes allowances for work conducted during a mine backshift, and for being
on call outside normal working hours for the Grade 2, 3 and 4 officers
described in subclause (1) of clause 12, Hours of Duty.
4. Parties to the
Award
The parties to this award are the PEO and the Association.
5. Salaries
The rates of salary shall be paid to officers appointed to
the positions specified as set out in Table 1 - Rates of Pay, of Part B,
Monetary Rates.
6. Scope of
Employment
(1) Employment
will be either on a full-time, permanent part-time, part-time (on part-time
leave without pay), or part-time (with part-time maternity leave) basis. Temporary staff may be employed as
Inspectors should the need arise.
(2) Officers may
be required to undertake the full range of related work activities within the
classification and grading.
7. Appointment of
Officers
Appointment to any position covered by this award will be
subject to a person or officer satisfying the requirements of the Public Sector Management Act 1988,
Section 361 of the Mining Act 1992,
or Section 32(2) of the Mines Inspection
Act 1901, or clause 7(1) (a)-(d) inclusive of the Coal Mines Regulation Act 1982, or as may be otherwise determined
or prescribed by legislation enacted by the NSW Parliament, or in accordance
with the recommendations of the Mine Safety Review.
8. Progression of
Officers
(1) Progression
Between Grades - Progression of officers between each Grade in this award will
be on the basis of merit selection, and subject to a vacancy, provided officers
meet the qualifications criteria listed in Schedule 1 applicable to the Grade
to which they are appointed, or as otherwise determined in accordance with
paragraph (a) of subclause (3) of this clause.
(2) Progression
Within Grades - Progression of officers within a Grade of this award will be
subject to completion of 12 months' satisfactory service at each level within a
Grade, with the following exceptions:
(a) Officers who
have completed 12 months' satisfactory service at Grade 1 Level 7 will only
progress to Grade 1 Level 8 if they possess the qualifications prescribed in
Schedule 1, or have their qualifications or competencies accepted for
progression from Grade 1 Level 7 to Grade 1 Level 8, in accordance with
subclause (2) of clause 10, Review of Qualifications and Competencies.
(3) Progression of
Grade 1 Officers following a Qualifications or Competencies Review -
(a) An officer may
apply to the Director in writing to request a review of their qualifications or
competencies for progression from Grade 1 Level 7 to Grade 1 Level 8. Following receipt of the officer’s
application, the Director will convene a meeting of the Committee established
in accordance with clause 9, Mine Safety and Environment Committee, to consider
an officer’s qualifications, not listed in Schedule 1, or to determine whether
an officer possesses the competencies described in Schedule 2, and the relevant
experience required, for progression to Grade 1 Level 8.
(b) The Committee
will review the officer’s application for progression in accordance with
procedures and timeframe established by the Committee, in consultation with the
officer, and make recommendations to the Department Head.
(c) The Department
Head may approve, or not approve, the Committee’s recommendation on an
officer’s qualifications within 15 working days of receipt of the Committee’s
report.
The Department Head will provide officers who fail to have
their qualifications accepted for progression with written grounds and reasons
for the decision within 15 working days of the determination.
(d) The date of
progression for an officer from Grade 1 Level 7 to Grade 1 Level 8, recommended
for progression in accordance with this subclause, will be:
(i) in accordance
with paragraph (a) of subclause (2) of this clause; or
(ii) following any
lawful order or determination by the Industrial Relations Commission of New
South Wales.
(e) Nothing in
this clause will prevent the Department Head progressing any officer(s) from
Grade 1 Level 7 to Grade 1 Level 8, who meets any new, varied, amended or
otherwise altered qualifications introduced after this award is made, in
accordance with legislation enacted by the NSW Parliament.
9. Mine Safety and
Environment Committee
(1) A Mine Safety
and Environment Committee will be formed by the parties to this award, with the
following functions and responsibilities:
(a) The Committee
will act as a forum of consultation between the Department and Association for
the implementation of the recommendations of the Mine Safety Review Report, and
for:
(b) the
development of a team structure and team management approach to the
organisation of officers’ work and the discharge of their responsibilities:
(i) officers’
workplan development, trialling, review and implementation;
(ii) the review of
officers’ work practices; and
(iii) the
development, implementation, and ongoing review of training, professional
development, competency units and elements, competency curriculum development,
competencies acquisition, competency assessment, and competency maintenance
programs, considered appropriate for officers employed under this award; and
(c) a review of
appropriate qualifications and competencies for the appointment, progression
and promotion of officers employed under this award in accordance with clause
10, Review of Qualifications and Competencies.
(2) The Committee
will meet every month, or as otherwise agreed between the parties to this
award, or as otherwise required in accordance with this clause, paragraph (a)
of subclause (3) of clause 8, Progression of Officers, or the said clause 10. The business of the meeting will be
conducted as follows:
(a) The Director,
or nominee, will be the Committee chairperson.
(b) The Department
will provide a person, other than a management representative, to record the
Committee’s minutes. Minutes will be
circulated to Committee members within 10 working days of each meeting.
(c) A draft
Committee agenda will be circulated at least seven working days, or as
otherwise agreed by the Committee, prior to a Committee meeting. Agenda items will be accepted up until two
working days prior to a meeting.
(d) The Committee
will, as far as possible, attempt to reach decisions and resolve outstanding
issues by consensus.
(e) The Committee
may co-opt any other officer employed by the Department, or invite any person
to assist the Committee in carrying out its functions and responsibilities or
to assist in resolving a grievance or dispute. The Committee will make
recommendations to the Department Head arising from its functions and
responsibilities.
(3) If a dispute
or grievance between representatives on the Committee remains unresolved, the
Association and Department representatives will attempt to resolve a grievance
or dispute with the Department Head, and in accordance with clause 17,
Grievance and Dispute Handling Procedures.
10. Review of
Qualifications and Competencies
(1) The Committee
will review the suitability of existing and future qualifications and/or
competencies for the appointment and progression of officers employed by the
Department.
(a) The Department
Head will receive recommendations agreed to by the Committee before making a
decision to:
(i) vary, amend,
or otherwise alter qualifications or competencies for officers employed under
this award listed in Schedules 1 and 2, respectively; or
(ii) identify new
competency requirements for any group of officers employed under this award;
and
all such matters will be determined within three calendar
months, or as otherwise agreed to by the Committee.
(2) The Committee
will also make recommendations to the Department Head:
(a) to recognise,
or not recognise, an officer’s qualifications or competencies for progression
from Grade 1 Level 7 to Grade 1 Level 8, following a review of the officer’s
qualifications or competencies in accordance with the provisions of paragraph
(a) of subclause (3) of clause 8, Progression of Officers; and
(b) on resolving
any difficulty, grievance, dispute or special circumstances related to the
acquisition or maintenance of qualifications or competencies by any officer
employed under this award.
11. Qualifications
and Competencies - Acquisition and Maintenance
(1) The Department
Head will, subject to the provisions of the Crown Employees (Public Service
Conditions of Employment 1997) Award, be responsible for providing suitable study
leave arrangements for officers to either acquire qualifications prescribed in
Schedule 1, or determined by the Committee in accordance with clause 10, Review
of Qualifications and Competencies, for:
(a) an officer’s
progression, within a grade, in accordance with paragraph (a) of subclause (2)
or paragraph (a) of subclause (3) of clause 8, Progression of Officers; or
(b) an officer to
be eligible for promotion to a higher grade.
(2) The Department
Head will grant paid study leave necessary for officers to maintain any
qualifications or competencies for the officers to comply with any legislative requirement imposed on an officer in the
Mines Inspection Act 1901, Coal Mines Regulation Act 1982, or Mining Act
1992 or any new legislation related to the officers regulating either safety
and/or environmental standards at mine sites in NSW, or occupational health and
safety for persons employed in the mining industry in NSW.
(3) An officer who
has not acquired, or maintained, competencies which are required in Schedule 2,
through circumstances beyond their control, will continue to be employed at the
same Grade and Level, and have their service recognised, for a maximum of 12
months.
12. Hours of Duty
(1) All officers
employed full-time under this award, occupying a Grade 2, 3 or 4 position,
other than officers who occupy a position as Grade 2, Inspector (Environment),
will be required to work 35 hours between Monday and Sunday of any week, unless
otherwise directed, or required to work additional hours in accordance with
clause 14, Overtime, On Call and Call Out Arrangements. These provisions also apply to the grades
and classifications of officers described in subclause (2) who act in a higher
graded position or classification.
(2) All officers
employed full-time under this award who occupy a Grade 1 position, or; a Grade
2 position, classified as Inspector (Environment), will be required to work 35
hours during the Department's normal business hours, Monday to Friday. Officers, with the approval of the Director,
may work either standard hours or under the flexible working hours agreement
applicable to the Department.
(3) The Department
Head may permit any officer employed under the provisions of subclause (1) of
clause 6, Scope of Employment, who enters into a permanent part-time work
agreement with the Department to vary the hours of work on any day, alter the
days or number of days during a week, in which the officer previously carried
out full-time work or was normally on duty, and alter any other work
arrangement pursuant to clause 13, Mine Backshift Inspections, and/or
subclauses (1) or (4) of clause 14, Overtime, On Call and Call Out
Arrangements.
13. Mine Backshift Inspections
(1)
(a) All officers
whose hours of duty are prescribed in accordance with subclause (1) of clause
12, Hours of Duty, who are required to carry out an inspection of a mine, may
be required to conduct 25 per cent of their total number of inspections in a
calendar year, during the operation of a backshift at a mine, on any day a mine
backshift is operating.
(b) All officers
whose hours of duty are prescribed in accordance with subclause (2) of the said
clause 12 may be directed, or rostered, to carry out an inspection of a mine
during the operation of a mine backshift.
(2) An officer
whose hours of duty are prescribed in subclause (1) of clause 12, who carries
out inspections of a mine during the operation of a mine backshift at any time
outside the Department's normal business hours, will not be required to be on
duty, either at a mine or at the officer's headquarters, after completing seven
hours of duty on any day between 12.00 midnight Sunday and 12 midnight Friday,
inclusive, unless otherwise directed by a senior officer or other person, or
they are otherwise required to meet a provision of the Mines Inspection Act 1901 or the Coal Mines Regulation Act 1982.
(a) The time
required for the officer to carry out an inspection of a mine during the
operation of a mine backshift on any Saturday, Sunday or public holiday will count
as part of the officer's hours of duty performed in accordance with subclause
(1) of clause 12.
(b) All time
during which an officer is directed to carry out inspections at a mine during a
backshift, in accordance with paragraphs (a) and (b) of subclause (1) of this
clause, in excess of the 25 per cent of the officer's total number of
inspections occurring in any calendar year, will be calculated in accordance
with paragraph (ii) of subclause (2) of clause 14, Overtime, On Call and Call
Out Arrangements.
14. Overtime, On Call and Call Out Arrangements
(1) All officers
who occupy, or temporarily act in, Grades 2, 3 and 4 positions, other than
Grade 2 Inspector (Environment), who are required to carry out inspections or
investigations at mines, are required to be available to be contacted outside
the Department's normal business hours to ensure that the provisions of the Mines Inspection Act 1901 and the Coal Mines Regulation Act 1982 are met,
unless unavailable due to any form of approved leave, approved Departmental
activity or agreed permanent part-time work arrangement.
(2) An officer, as
described in subclause (1) of this clause, who is either directed or required
by a senior officer of the Department, or requested by another person, to
inspect mines, carry out investigations at mines or deal with any matter
pursuant to the Mines Inspection Act 1901 or Coal Mines Regulation Act 1982
other than in accordance with clause 13, Mine Backshift Inspections, will be
compensated with time off in lieu provisions in accordance with subclause (3)
of this clause for overtime where the officer is directed or required to work
on a Saturday, Sunday, public holiday or outside the Department's normal
business hours.
Overtime will be calculated from the time the officer leaves
their normal place of residence, any other place where the officer has finished
work on a normal working day, or place where the officer is contacted outside
the Department's normal business hours, and will be calculated to the nearest
quarter hour; and
(a) overtime for
an officer in accordance with the said subclause (1) will finish at the time
the officer returns to their normal place of residence, or other place where
the officer commenced work, outside the Department's normal business hours; or
(b) all time
during which an officer is directed to work in excess of ten hours on a normal
working day, or in excess of 35 hours in a normal working week shall be
calculated as overtime.
(3) An officer may
accumulate time in lieu entitlements worked in accordance with this clause and
exhaust time in lieu entitlements separately or, with any period of recreation
or extended leave subject to Department approval. An officer shall make every reasonable effort to exhaust
accumulated leave in lieu entitlements progressively. Officers may also be directed to exhaust any accumulated
entitlement at a time that is convenient to the Department.
The Department will require an officer to exhaust any
outstanding leave in lieu entitlement following notice of resignation or
retirement, and prior to the resignation or retirement of the officer.
(4) The Department
Head may remunerate any officer whose overtime arrangements are prescribed in
subclause (2) of this clause for all, or part of, overtime worked in accordance
with the Crown Employees (Public Service Conditions of Employment 1997) Award
if it is mutually agreed between the officer and the Department Head. For all other purposes, other than the
provisions stated in subclauses (2) and (3) of this clause, the provisions of
the Crown Employees (Public Service
Conditions of Employment 1997) Award will continue to apply to officers
described in subclause (1) of this clause.
(5) All officers
whose hours of duty are prescribed in subclause (2) of clause 12 who are either
required or directed or rostered to carry out an inspection of a mine during
the operation of a mine backshift, or otherwise directed to work overtime,
shall be subject to the provisions of the Crown Employees (Public Service
Conditions of Employment 1997) Award for all overtime worked. All officers who elect to be compensated by
time in lieu may accumulate and exhaust entitlements in accordance with
subclause (3) of this clause.
15. Grading and Evaluation of Positions
Positions will be graded and evaluated according to an
appropriate accredited job evaluation methodology or any other system agreed
between the parties during the term of this award.
16. Department Induction Seminars
The Department will give the Association a minimum of two
weeks written notice of proposed induction seminars for new officers.
The Department will allocate an agreed period of time during
induction seminars for a member of the Association's Departmental Committee, or
an officer of the Association, to address officers on the Association's role as
an industrial organisation of employees and distribute Association membership
forms and publications relating to membership benefits and services.
17. Grievance and Dispute Handling Procedures
All grievances, disputes or difficulties relating to the
provisions of the award will initially be dealt with as close to the source as
possible, with graduated steps for further attempts at resolution at higher
levels of authority within the Department, if required.
(a) Officers are
required to notify (in writing or otherwise) their immediate supervisor or
manager as to the substance of the grievance, dispute or difficulty, request a
meeting to discuss the matter and, if possible, state the remedy sought.
(b) The immediate
supervisor or manager will convene a meeting in order to resolve the grievance,
dispute or difficulty within two working days of the matter being brought to
their attention.
(c) If the matter
remains unresolved with the immediate supervisor or manager, the officer may
request to meet with the appropriate person at the next level of management in
order to resolve the matter. The
manager will respond within two working days.
The officer may pursue this sequence of reference to successive levels
of management until the matter is referred to the Department Head.
(d) In the event
that the matter remains unresolved, the Department Head will provide a written
response to the officer and any other party involved in the grievance, dispute
or difficulty, concerning action to be taken or the reasons for not taking
action in relation to the matter.
(e) An officer may
request to be represented by an Association representative.
(f) The officer
or Association on his/her behalf, or the Department Head, may refer the matter
to the Industrial Relations Commission of New South Wales if the matter is
unresolved following the use of these procedures.
(g) The officer,
Association, Department and PEO will agree to be bound by any lawful order or
determination by the Industrial Relations Commission in relation to the
grievance, dispute or difficulty.
(h) Whilst the
procedures are being followed normal work undertaken prior to notification of
the grievance or dispute will continue, unless otherwise agreed between the
parties or in the case of a dispute involving occupational health and
safety. If practicable, normal work
will proceed in such a manner as to avoid any risk to the health and safety of
any officer or member of the public.
18.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
19. Area, Incidence and Duration
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
(a) This award
shall apply to all the officers employed by the Department of Mineral Resources
as defined in clause 2, Definitions, of Part A of this Award.
(b) Officers are
entitled to the conditions of employment provided by this Award and by the
provisions in the following:
Public Sector
Management Act 1988;
Public Sector Management (General) Regulation 1996;
Crown Employees (Public Service Conditions of Employment
1997) Award;
Crown Employees (Public Sector - Salaries January, 2000)
Award; or
any replacement award, except where specifically varied by
this award.
This award replaces the Crown Employees (Mine Safety and
Environment Officers - Department of Mineral Resources) Award published 2
October 1998 (306 I.G. 929) as varied. 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 Award made by the Industrial Relations Commission of the New
South Wales on 18 December 1998 (308 IG 307) take effect on and from 28 May
2001.
PART B
MONETARY RATES
Table 1 - Salaries
The salaries set out below, shall apply on the first pay
period on or after 1 January 2001, in accordance with the provisions of the
Crown Employees (Public Sector Salaries January, 2000) Award be paid to
officers appointed to the positions specified.
Classification
|
Column A
|
|
Per year $
|
Inspector Grade 1 -
|
|
|
|
Mine
Safety Officer Level 1
|
36,588
|
Inspector
(Information and Analysis) Level 2
|
38,971
|
Inspector
(Mining) Level 3
|
41,404
|
Inspector
(Environment) Level
4
|
43,906
|
Level
5
|
46,456
|
Level
6
|
48,829
|
Level
7
|
54,878
|
Level
8
|
60,758
|
Level
9
|
66,964
|
Inspector Grade 2 -
|
|
|
|
Inspector
(Review, Enforcement and
|
|
Systems) Level
1
|
76,244
|
Mine
Safety Officer Level 2
|
78,805
|
Inspector
(Mining) Level 3
|
81,311
|
Inspector
(Environment) Level
4
|
83,358
|
Level
5
|
86,131
|
Level
6
|
88,250
|
Inspector Grade 3 -
|
|
|
|
Inspector
(Management and/or
|
|
Systems) Level
1
|
97,278
|
Inspector
(Mining) Level 2
|
100,883
|
Inspector
(Environment) Level
3
|
104,818
|
Level
4
|
108,702
|
Level
5
|
112,585
|
Inspector Grade 4 -
|
|
|
|
Regional
Manger Grade 4
|
|
Assistant
Director
|
|
Deputy
Chief Inspector Grade 4 Level 1
|
114,110
|
Level
2
|
118,338
|
Schedule 1 - Appropriate Qualifications
The following qualifications apply for the purpose of
employment of officers under this award, unless otherwise varied, in accordance
with clause 10, Review of Qualifications and Competencies, or by legislation
enacted by the New South Wales Parliament:
(1) the
qualifications for officers prescribed in s. 8, Coal Mines Regulation Act 1982, and s. 32, Mines Inspection Act 1901; and/or
(2) an appropriate
degree, diploma or associate diploma which is relevant to the Mining Act 1992,
granted by a recognised university or other tertiary institution.
Schedule 2- Statutory
Requirements, Tertiary Qualifications and
Competency-based
Training Programme
(a) Statutory
Requirements - As determined by the Mines
Inspection Act 1901 and Coal Mines
Regulation Act 1982, listed in Schedule 1, or in accordance with further
relevant legislation as enacted by the NSW Parliament as a requirement for
appointment or progression of an officer in accordance with clause 7,
Appointment of Officers, subclause (1) of clause 8, Progression of Officers, or
may be otherwise recognised for progression in accordance with subclause (3) of
the said clause 8.
(b) Tertiary
Qualifications - Qualifications obtained at a university or tertiary
institution listed in Schedule 1, or which is otherwise recognised for
progression purposes in accordance with subclause (3) of clause 8.
(c) Competency-based
Training Programme - Competency Units and Elements - The Department’s training
programme is designed for officers to progressively acquire competencies during
their progression within a Grade with the aim to make each officer competent to
progressively perform the full range of duties and responsibilities relevant to
their Grade and be competent and eligible for promotion to a higher Grade,
subject to subclause (1) of clause 8.
The competency-based training programme for each Grade and
Level within a Grade is based on the competency units and elements in this
subclause, and has been developed in accordance with clause 9, Mine Safety and
Environment Committee. An officer's
competency- based training programme for a year shall be included in their
annual Performance Management Workplan.
The officer must be capable of demonstrating that they can effectively
use all the competencies relevant to their Grade by the time the officer has
completed 12 months' service at the last Level of each Grade. All competencies described for each Grade in
this subclause are relevant to the Grade.
The competency elements and units which constitute the
competency-based training programme for each Grade of Mines Inspectors (M) and
Environment Inspectors (E) covered by this award, are listed as follows:
(i) Gathering and
analysing information - Grades 1, 2, 3 and 4 (M and E) - Identify, gather and
analyse relevant information and draw logical conclusions.
Competency elements:
build co-operative working relationships with industry;
identify actual and potential deficiencies in site
occupational health and safety management/environmental degradation;
accurately collate data from field observations;
prepare clear and concise written reports, which include
conclusions and recommendations.
(ii) Enforcement -
Grades 1, 2, 3 and 4 (M and E) - The competencies for this element are
abilities to police and utilise the legislative and statutory provisions, when
required, to explain to all persons employed at a mine the employer and
employee responsibilities under these provisions, and to prosecute any
employer, employee or other person at a mine whom the officer has reason to
believe has committed an offence under the legislation and/or statutory
provisions.
Competency elements:
detailed understanding of the Department and an officer's
statutory requirements and responsibilities;
written and verbal communication skills to be able to
communicate requirements and suggest solutions;
knowledge and skills to assist Department legal officers, or
counsel, to prosecute a matter before a Court;
interpret legislation into "user friendly"
language.
(iii) Safety
Management Systems Reviews - Grades 2, 3 and 4 (M) - Skills, knowledge and
experience to conduct high level reviews of management systems for
comprehensive mine safety systems. The
term "review", in this instance, relates to audit, analysis, critique
and correction.
Competency elements:
build and maintain co-operative working relationships with
mining industry management at a senior level;
interpersonal and technical knowledge and skills to advise,
guide and lead junior officers and employers and employees engaged in the
mining industry;
effectively plan, anticipate and identify issues,
opportunities, implications and solutions;
use personal initiative and knowledge, skills and experience
to advise mine management and mine employees on implementing solutions;
can successfully assess and analyse the design, development,
management, control, documentation and communication of work practices,
policies, programmes, procedures, training and resourcing;
effectively review progress of projects against planned and
statutory obligations for occupational health and safety, provide a clear and
concise analysis of the findings and implement corrective strategies with mine
management and employees;
successfully audit operational safety monitoring systems,
provide a clear and concise analysis of the findings and implement corrective
strategies;
identify, monitor and acknowledge sustained improvements in
mine site safety and work practices.
(iv) Audit and
Assessment Training (Safety/Environment) - Grades 2, 3 and 4 (M and E) -
Successful completion of an Audit and Assessment Course, approved by the Mine
Safety and Environment Committee, conducted by an external body.
Competency elements:
satisfactory completion of a course with an emphasis on
safety management systems.
(v) Field Exercise
- Grades 2 and 3 (M) - Completion of a safety management systems review,
approved by the Mine Safety and Environment Committee, conducted at a mine site
and assessed in accordance with Schedule 3.
Competency elements:
successfully review, assess and analyse an approved safety
management system under implementation at a mine site and document corrective
strategies.
(vi) Integrated
Management Systems Analysis - Grades 2, 3 and 4 (M and E) - Knowledge,
experience and skill required to investigate, analyse, judge and redirect
integrated management systems influencing or acted upon by industry and
legislative external factors, which may include occupational health and safety
considerations.
Competency elements:
work with industry management at a senior level;
use interpersonal and technical knowledge and skills to
advise, guide and lead junior officers, mine management and employees;
effectively plan, anticipate and identify issues,
opportunities, implications and solutions, use personal initiative and
knowledge, skills and experience to implement solutions;
successfully assess and analyse the design, development,
management, control, documentation and communication of work practices,
policies, programmes, procedures, training and resourcing;
effectively review progress of projects against planned and
statutory obligations covering environmental issues at mine sites, provide a
clear and concise analysis of the findings and implement corrective strategies;
successfully audit operational environmental monitoring
systems, provide a clear and concise analysis of the findings and assist mine
management and employees to implement corrective strategies;
identify, monitor and acknowledge sustained improvements in
environmental performance and mining practices;
knowledge of emergency safety procedures and operations in a
mine.
(vii) Understanding
of Safety Management Systems - Grades 1 to 4 (E) - Demonstrated knowledge and
understanding of the role of the Department's inspection and support services
and the safety management system review process.
Competency element:
knowledge and understanding of mining occupational health
and safety issues, how improvements are influenced and achieved by Inspectorate
initiatives, and how occupational health and safety programmes relate to other
Department programmes.
(viii) Management
Requirements Grades 3 and 4 (M and E) - An officer will be required to exhibit
the knowledge, experience and skills required to successfully pursue the
implementation of best practice by the mining industry in occupational health
and safety, environmental protection and resource management.
Competency elements:
can take responsibility and be accountable for decisions;
successful promotion of the Department and enhance its
credibility with stakeholders;
persuade others on major issues and encourage and manage
debates with stakeholders.
effectively delegate responsibility, empower other officers
and build co-operative working relationships;
experience and knowledge to actively contribute to the
training and skills acquisition of junior officers, and professional
development;
inspire team cohesion and maintain good morale and
motivation of individual officers and teams;
communicate to junior officers and the industry the
Department's direction and purpose, and the ability to sponsor and direct major
initiatives;
maintain focus in reviewing progress of Department or
industry initiatives;
develop, or adapt to and communicate on, changes of policy
or new strategies, methods or initiatives which identify new solutions or
contribute to continuous improvement in resolving mine occupational health and
safety or environmental issues;
knowledge, experience and understanding of Department
management practices and their application;
apply objective judgement in balancing potential industry
gains with potential industry risks;
communication skills to liaise, communicate and negotiate
with all stakeholders to achieve effective outcomes;
understanding and knowledge to apply Public Service
procedures, protocols and requirements to junior officers and other
stakeholders.
(ix) Advanced Team
Leadership Training (Grade 3 M and E) -
Competency element:
Officers will have attended and successfully completed an
externally conducted Advanced Team Leadership Course, approved by the Mine
Safety and Environment Committee.
(x) Mine Safety
Management Systems Abilities - Grade 2 (M) - Officers will have to demonstrate
a high level of knowledge and understanding of the operation and function of
the Department's inspection and support services and the safety management
system review process, and further demonstrate knowledge and understanding in
industrial safety management systems generally.
Competency elements:
high level of knowledge and understanding of mining
occupational health and safety Issues, and how improvements can be either
influenced or achieved by the Department's Inspectorate;
comprehensive knowledge and experience in industrial safety
management systems;
attendance at a combination of internal and external
training courses in relation to safety management systems.
(xi) Major Project
Capabilities - (Grade 3 M and E) - Skills required to design, implement, manage
and successfully conclude a project which has significant impact on the mining
industry, or the operations of the Department's Mine Safety and Environment
Division.
Competency elements:
effectively design a complex project using technical skills
and experience;
modify the project design to suit alternative suggestions
without compromising the project;
accept full management responsibility for the project;
develop and maintain an efficient programme of work;
implement and maintain best practice occupational health and
safety/environmental standards;
maintain probity and complete the project;
achieve project completion within set timeframe and budget
parameters.
P. J. SAMS D.P.
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Printed by the authority of the Industrial Registrar.