CROWN EMPLOYEES DEPARTMENT OF JUVENILE JUSTICE - DIRECT CARE STAFF
(CENTRES) 2001 AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 993 of 2001)
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Before the Honourable Mr Deputy President Harrison
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6 April and 7 May
2001
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REVIEWED AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Hours
5. Roster of Hours
6. Casual Employees
7. Part-Time Employment
8. Shift Work
9. Annual Leave and Certain Penalty
Payments for 7-day Shift
Workers
10. Annual Leave Loading
11. Meals and Breaks
12. Overtime
13. Leave in Lieu of the Payment of
Overtime
14. Sick Leave
15. Other Leave Entitlements
16. Rates of Pay and Allowances
17. Higher Duties
18. Escort Duty
19. Uniforms and Protective Clothing
20. Settlement of Disputes
21. Anti Discrimination
22. Savings Clause
23. No Extra Claims
24. Notation
25. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of
Pay and Allowances
Table 2 - Casual
Escorts
Table 3 - Allowances
2. Title
This Award shall be known as the Crown Employees Department
of Juvenile Justice - Direct Care Staff (Centres) 2001 Award.
3. Definitions
"Act" means the Public Sector Management Act 1988 as amended.
"Ancillary Staff Residential Care, Category 1"
means an employee engaged as such who is required to perform general cleaning
duties and other work of a domestic nature associated with the Department's
centre operations.
"Ancillary Staff Residential Care, Category II"
means an employee engaged as such who is required to perform in addition to the
duties performed by an Ancillary Staff Residential Care, Category I employee
duties such as high cleaning, stripping and/or sealing of floors, loading
and/or unloading of commercial type washing machines, farm duties and work of
an outside nature.
"Ancillary Staff Residential Care, Category III"
means an employee engaged as such who is required to undertake duties of a
domestic nature in excess of those described in Category I and II and shall
also include duties normally undertaken by a stores assistant.
"Casual Employee" means and includes all persons
employed who, on or after the operative date of this Award, are employed to
work in an existing vacancy or in addition to normal staffing needs on a
piecemeal basis, but shall not include a person employed in a temporary
capacity for a set period.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Centre" means a Juvenile Justice Centre and for
the purposes of this award includes the juvenile placements/transport unit.
"Day Worker" means an employee who works his/her
ordinary hours from Monday to Friday and who commences work on such days at or
after 6.00 am and before 10.00 am otherwise than as part of a shift system.
"Department" means the New South Wales Department
of Juvenile Justice as listed in Schedule 1 of the Act.
"Director-General" means the Chief Executive
Officer of the Department.
"Escort" means a person who is engaged by the
employer to accompany clients in care to and from the Courts, Centres or to any
Institutions/ Establishments on an "as required" basis.
"Employee" means and includes all persons
permanently, temporarily and casually employed under the provisions of the Public Sector Management Act 1988 in the
Department of Juvenile Justice.
"PEO" means the Public Employment Office.
"Personnel Handbook" means the Public Service
Personnel Handbook.
"Regulation" means the Public Sector Management
(General) Regulation 1996.
"Shift Worker" means an employee who is not a day
worker as defined.
Notation: General
Conditions of Employment
It is the intention of the parties to this Award that all
other conditions not specified in this Award will be provided in accordance
with the Crown Employees (Public Service Conditions of Employment) Award 1997
and the Public Service of New South Wales Personnel Handbook, August 1999 and
subsequent variations.
4. Hours
(i)
(a) The ordinary
hours of work for day workers, exclusive of meal times, shall be 152 hours per
28 calendar days to be worked Monday to Friday inclusive and to commence on
such days at or after 6.00 am and before 10.00 am.
(b) The ordinary
hours of work for shift workers (other than Senior Youth Workers employed in
Juvenile Justice Centres), exclusive of meal times, shall not exceed 152 hours
per 28 calendar days or an average of 38 hours per week in each roster cycle.
(c) The ordinary
hours of work for Senior Youth Workers employed in the capacity of shift
workers in Juvenile Justice Centres shall not exceed 152 hours per 28 calendar
days or an average of 38 hours per week in each roster cycle. Each employee shall be free from duty for
not less than eight full days and an allocated rostered day off in each
cycle. Provided that the nine days in
total shall only be given and taken in lots of 3 consecutive days in accordance
with the 6/3 roster arrangements operating in the Department’s Juvenile Justice
Centres.
(ii) Each day
worker shall be free from duty for not less than two full days in each week and
each shift worker other than employees specified in paragraph (c) of subclause
(i) of this clause, shall be free from duty for not less than two full days in
each week or four full days in each fortnight.
Where practicable such rostered days off duty shall be consecutive.
(iii) The hours of
work prescribed in subclauses (i) and (ii) of this clause shall be arranged to
allow variable working hours in each roster cycle of 28 days to ensure that
each employee shall work his other ordinary hours of work on not more than
nineteen days in the cycle.
The hours worked on each of those days shall be arranged to
include a proportion of one hour (such proportion shall be on the basis of 0.4
of one hour for each eight hour shift worked) which shall accumulate towards
the employee's allocated day off duty on pay.
(iv) An employee
who has not worked, or is not regarded by reason of subclause (iii) of this
clause as having worked a complete 4 week cycle shall receive pro rata accrued
entitlements for each day or shift worked (or each fraction of a day or shift
worked) or regarded as having been worked in such cycle, payable for the
rostered day off or, in the case of termination of employment, on termination.
(v) The employee's
allocated day off duty prescribed in subclause (iii) of this clause shall be
determined by having regard to the operational needs of the centre. Where
practicable such allocated day off duty shall be consecutive with the days off
duty prescribed by subclause (ii) of this clause.
(vi) Once set the
allocated day off duty may not be changed in a current cycle unless there are
genuine unforeseen circumstances prevailing.
Where such circumstances exist and the allocated day off is changed,
another day shall be substituted in the current cycle. Should this not be practicable the day must
be given and taken in the next cycle immediately following.
(vii)
(a) There shall be
no accrual of credit towards an allocated day off for each day of ordinary
annual leave taken. However, where an
employee has accumulated sufficient time to take his/her allocated day off duty
prior to entering on annual leave, it shall be allowed to the employee on the
first working day immediately following the period of leave.
(b) Where an
employee has not accumulated sufficient time for an allocated day off duty
prior to entering on annual leave, time in credit shall count towards taking
the next allocated day off duty falling in sequence after the employee's return
to duty.
(viii) An employee
entitled to allocated days off duty in accordance with subclause (iii) of this
clause shall continue to accumulate credit towards his/her allocated day off
duty whilst on family and community service, military, study, special and sick
leave. Where an employee's allocated
day off duty falls during a period of sick leave, the employee's available sick
leave shall not be debited for that day.
(ix) Where an
employees allocated day off duty falls due during a period of workers
compensation, the employee, on returning to duty shall be given the next
allocated day off in sequence.
(x) Permanent
part-time employees due to the terms of engagement, are paid for all time
worked as there is no accrual of time for rostered days off.
(xi) All time
between the rostered starting and ceasing time each day shall be paid for as
working time other than for one rostered meal break of no less than thirty (30)
minutes and no more than one (1) hour.
Provided that in any cases where it is determined that due to the direct
care nature of the work, meals are to be taken with and at the allocated meal
times, for clients in care, any time allowed for the partaking of a meal in
such circumstances, should be regarded as working time.
5. Roster Of
Hours
(i) The ordinary
hours of work for each employee shall be displayed on a roster in a place
conveniently accessible to employees. Such roster shall be displayed at least
14 days prior to the commencing date of the first working period in any roster.
Provided that this provision shall not make it obligatory for the employer to
display any roster of ordinary hours of work of employees who may be called
upon to relieve absent employees.
(ii) A roster may
be altered at any time to enable the service of a centre to be carried on where
another employee is absent from duty on account of illness, or in an emergency
or due to unforeseen circumstances, but where any such alteration involves an
employee working on a day which would have been his or her day off such time
worked shall be paid for at overtime rates.
(iii) Where
practicable, a shift worker who is required to change from one shift to another
shift will be given 24 hours notice of the proposed change. Where a change
occurs with less than 24 hours notice, all time worked outside that shown on
the employee's roster (prior to alteration) shall be paid for at overtime
rates.
(iv) Rostered days
off duty in accordance with subclause (iii) of clause 4, Hours, are to be shown
on the roster of hours for each employee.
(v) There shall be
a minimum break of eight hours between ordinary rostered shifts.
6. Casual
Employees
(i) A casual employee
is one engaged on an hourly basis otherwise than as a full-time or part-time
employee.
(ii) A casual
employee may only be engaged in the following circumstances: for short-term periods where there is a need
to supplement the workforce arising from fluctuations in the needs of the
centre; on escort duties or in place of another employee who is absent; or in
an emergency.
(iii) A casual
employee shall be paid on an hourly basis of one-thirty-eighth of the
appropriate rate prescribed plus 15% thereof with a minimum payment of four (4)
hours for each engagement.
(iv) A casual
employee shall be entitled to the shift allowances prescribed in clause 8,
Shift Work, where a shift commences prior to 6 a.m. or finishes subsequent to 6
p.m.
(v) For weekend
and public holiday work, casual employees shall in lieu of all other penalty
rates and the 15% casual loading receive the following rates:
(a) time and one
half for work between midnight Friday and midnight Saturday;
(b) time and three
quarters for work between midnight Saturday and midnight Sunday; and
(c) double time
and one half for work on a public holiday.
(d) for the
purpose of this clause, any shift the major portion of which is worked on a
Saturday, Sunday or public holiday shall be deemed to have been worked on a
Saturday, Sunday or public holiday and shall be paid as such.
(vi) On termination
a casual employee shall be paid 1/12th of ordinary earnings in lieu of
recreation leave.
(vii) A casual
employee's employment may be terminated for any reason by the giving of one
hours' notice by either party.
7. Part Time
Employment
(i) The
Department is committed to providing part-time work opportunities where
practicable. Such arrangements should provide flexibility for effective use of
resources for the Department's operation and be of benefit to employees.
(ii) Part-time
arrangements must be acceptable to both the Department and the employee and
shall be in accordance with Flexible Work Practices Policy and Guidelines
issued by the PEO.
(iii) For the
purposes of this award, a part time employee is one who is permanently
appointed to work a specified number of hours up to 32 hours in any full week
of seven days.
(iv) Employees
engaged pursuant to subclause (iii) of this clause shall be paid an hourly rate
calculated on the basis of one thirty-eighth of the appropriate rate prescribed
in this award with a minimum payment of four hours for each start. In an
emergency part-time employees may work more than 32 hours in one week and in
such case will be paid for the hours actually worked at a rate calculated in
accordance with this subclause.
Provided that where a part-time employee works more hours
than the rostered ordinary hours of work for full-time employees engaged on a
shift, overtime in accordance with clause 12, Overtime, will apply.
(v) Part time
employees shall be entitled to all other benefits of this award not otherwise
expressly provided for herein in the same proportion as their ordinary hours of
work bear to full time hours.
8. Shift Work
(i) Shift
Loadings - A shift worker employed on a shift shall be paid, for work performed
during the ordinary hours of any such shift, ordinary rates plus the following
additional shift loadings depending on the commencing times of such shifts:
Day - at or after 6 am and before 10 am Nil
Afternoon - at or after 10 am and before 1 pm 10%
Afternoon - at or after 1 pm and before 4 pm 12.5%
Night - at or after 4 pm and before 4 am 15%
Night - at or after 4 am and before 6 am 10%
(ii) The loadings
specified in subclause (i) of this clause shall only apply to shifts worked
from Monday to Friday.
(iii) Weekends and
Public Holidays - For the purpose of this clause, any shift the major portion
of which is worked on a Saturday, Sunday or public holiday shall be deemed to
have been worked on a Saturday, Sunday or public holiday and shall be paid as
such.
(iv) Saturday
Shifts - Shift workers working on an ordinary rostered shift between midnight
on Friday and midnight on Saturday which is not a public holiday, shall be paid
for such shifts at ordinary time and one half.
(v) Sunday Shifts
- Shift workers working on an ordinary rostered shift between midnight on
Saturday and midnight on Sunday which is not a public holiday, shall be paid
for such shifts at ordinary time and three quarters.
(vi) Public
Holidays - With the exception of employees who are required to work on a seven
day roster basis, the following shall apply:
(a) where a shift
worker is required to and does work on a public holiday, the shift worker shall
be paid at two and a half times the rate for time worked. Such payment shall be
in lieu of weekend or shift allowances which would have been payable if the day
had not been a public holiday;
(b) a shift worker
rostered off duty on a public holiday shall be paid one day’s pay for that
public holiday or have one day added to his/her annual holidays for each such
day.
(vii) A seven day
shift worker is entitled to receive the compensation provisions for regularly
working Sundays and public holidays as specified in subclause (ii) of clause 9,
Annual Leave and Certain Penalty Payments for 7-day Shift Workers.
9. Annual Leave
And Certain Penalty Payments For 7-Day Shift Workers
Employees are entitled to annual leave as follows:
(i) Employees
engaged as day workers, Monday to Friday, shall be entitled to annual leave in
accordance with the provisions of the Regulation, that is four weeks of paid
leave for each completed year of service for full time employees.
(ii) Employees engaged
as seven day shift workers under this award and who are regularly required to
perform rostered duty on Sundays and public holidays shall receive the
following compensation and be subject to the following conditions:
(a) for ordinary
rostered time worked on a Saturday - additional payment at the rate of half
time.
(b) For ordinary
rostered time worked on a Sunday - additional payment at the rate of three
quarter time.
(c) When rostered
off on a public holiday - no additional compensation or payment.
(d) When rostered
on a public holiday and work performed - additional payment at the rate of half
time.
(e) Annual leave
at the rate of six weeks per year inclusive of any public holiday/s.
(f) Additional
payment on the following basis:
Number of ordinary shifts worked on Sundays and/or public
holidays during a qualifying period of twelve months from 1 December one year
to 30 November the next year.
Additional Payment
4 to 10 1/5th
of one week's ordinary salary
11 to 17 2/5ths
of one week's ordinary salary
18 to 24 3/5ths
of one week's ordinary salary
25 to 31 4/5ths
of one week's ordinary salary
32 or more One
week's ordinary salary
(iii) The
additional payment shall be made after the 1st December in each year for the
preceding twelve months, provided that:
(a) Where the
employment of an employee is terminated or the employee retires, the employee
shall be entitled to be paid the additional payment that may have accrued under
this paragraph from the preceding 1st December until date of termination or
retirement.
(b) Payment shall
made at the rate applying as at 1st December each year, or at date of
termination or retirement.
10. Annual Leave
Loading
(i) Employees
under the terms of this award (other than seven day shift workers) are entitled
to the payment of an annual leave loading of 17.5% on the monetary value of
four weeks annual (recreation) leave.
(ii) Employees who
are engaged as seven day shift workers, and accrue additional leave as
compensation for work performed regularly on Sundays and public holidays, are
entitled to annual leave loading calculated on the actual leave accrued or on
the monetary value of five weeks ordinary pay, whichever is the higher.
11. Meals And
Breaks
(a) Meal breaks
must be given to and taken by employees.
No employees shall be required to work continuously for more than five
hours without a meal break, provided that:
(i) where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the staff member agrees.
If the employee requests to reduce the break to not less than 30
minutes, the reduction must be operationally convenient; and
(ii) where an
employee is called upon to work for any portion of a rostered unpaid meal
break, such time shall be paid for at Overtime rate.
(b) Where the
nature of the work of an employee or a group of employees is such that meals
are to be taken at the allocated meal time for clients in care, in these
circumstances the provisions of paragraphs (i) and (ii) of subclause (a) of
this clause shall not apply. However,
all time in such circumstances shall be paid at the appropriate rate for the
shift and the employer will provide a meal to each employee free of charge. The meal to be of the same or no less than
the quality of that provided to the clients under supervision.
12. OVERTIME
Overtime shall be paid at the following rates:
(i) The rates
specified are in substitution for and not cumulative upon the rates payable for
work performed on Monday to Friday, Saturday, Sunday or public holidays.
(ii) Weekdays
(Monday to Friday inclusive) - at the rate of time and one-half for the first
two hours and at the rate of double time thereafter for all directed overtime
worked outside the employees ordinary hours of duty.
(iii) Saturday -
All overtime worked on a Saturday at the rate of time and one-half for the
first two hours and at the rate of double time thereafter;
(iv) Sundays - All
overtime worked on a Sunday at the rate of double time;
(v) Public
Holidays - All overtime worked on a public holiday at the rate of double time
and one half.
(vi) An employee
who works overtime shall be entitled to be absent until eight consecutive hours
have elapsed.
(vii) Where an
employee, at the direction of the employer, resumes or continues work without
having had eight consecutive hours off duty then such employee shall be paid at
the appropriate overtime rate until released from duty. The employee shall then
be entitled to eight consecutive hours off duty.
(viii) For the
purposes of assessing overtime each day shall stand alone provided, however,
that where any one period of overtime is continuous and extends beyond
midnight, all overtime hours in this period shall be regarded as if it had
occurred within the one day.
(ix) Employees
recalled to work overtime after leaving the employer's premises, whether
notified before or after leaving the premises, shall be paid for a minimum of
four hours work at the appropriate rate for each time so recalled; provided
that except in unforeseen circumstances arising, an employee shall not be
required to work the full minimum number of hours prescribed above if the job
the employee was recalled to perform is completed within a shorter period.
(x) Where a change
in an employee’s roster occurs with less than 24 hours notice to the employee
affected, all time worked outside that shown on the employees roster (prior to
alteration) shall be paid for at overtime rates.
(xi) All time
worked by part-time employees in excess of the rostered daily ordinary hours of
work prescribed for the full-time employees employed on that shift in the
centre concerned, or, where there is no such full-time employees employed on
that shift in the centre concerned, all time in excess of eight hours per day,
shall be paid for at the applicable overtime rates.
(xii) "On
Call" - When an employee is directed to be on call for a possible recall
to duty, payment of an on call allowance shall be made. The allowance to be
paid is that specified by the Crown Employees (Public Service Conditions of
Employment) Award 1997 as varied.
13. Leave In Lieu
Of Payment Of Overtime
An employee who at the direction of the employer works
overtime may elect to take leave in lieu of payment for all or part of the
entitlement in respect of time worked.
The following provisions shall apply to taking the leave in
lieu:-
(i) the employee
shall advise the supervisor before the overtime is worked or as soon as
practicable on completion of overtime, that the employee intends to take leave
in lieu of payment;
(ii) the leave
shall be calculated at the same rate as would have applied to the payment of
overtime in terms of this clause.
(iii) the leave
must be taken at the convenience of the department, except when leave in lieu
is being taken to look after a sick family member in terms of clause 85, Sick
Leave to Care for a Family Member, of the Crown Employees (Public Service
Conditions of Employment) Award 1997;
(iv) the leave
shall be taken in multiples of no less than a quarter day;
(v) leave in lieu
accrued in respect of overtime worked on days other than public holidays, shall
be given by the employer and taken by the employee within three months of
accrual;
(vi) at the
employee's election, leave in lieu accrued in respect of overtime worked on a
public holiday may be added to the employee’s annual leave credits and may be
taken in conjunction with annual leave; and
(vii) an employee
shall be paid for the balance of any overtime entitlement not taken as leave in
lieu.
14. Sick Leave
Sick leave shall be granted and administered in accordance
with the provisions contained in Part 6 of the Regulation and clause 83, Sick
Leave, of the Crown Employees (Public Service Conditions of Employment) Award
1997.
15. Other Leave
Entitlements
(i) Maternity
Leave, Parental Leave, Adoption Leave, Family and Community Services Leave and
all other leave (except for extended leave) shall be granted and administered
in accordance with Part 6 of the Regulation and the leave provisions of the
Crown Employees (Public Service Conditions of Employment) Award 1997.
(ii) Extended
leave shall accrue and shall be granted to employees in accordance with the
provisions of Schedule 5 to the Public Sector Management Act 1988, as amended
from time to time.
16. Rates Of Pay
And Allowances
The minimum rates of pay and allowances to be paid to
employees are set out in Table 1 - Rates of Pay and Allowances, of Part B,
Monetary Rates.
17. Higher Duties
Employees covered by this award, when called upon by the
employer to perform work of a classification or position paid on a higher
scale, will be paid the higher rate on the completion of a minimum of one eight
hour shift.
Relieving for part of a shift in a higher position will not
attract monetary payment but will be compensated through the acquisition of
skills and experience gained by this opportunity. Provided that no employee
covered by this award shall be disadvantaged by the provision.
The provisions of this clause apply only to where an
employee is called upon to relieve in another position covered by this award.
18. Escort Duty
(i) A casual
employee engaged on escort duty shall receive the following entitlements based
on rates of pay for escorts provided in Table 2 - Casual Escorts, of Part B,
Monetary Rates:
(ii) Where an
engagement is four hours or less, a minimum payment of four hours shall be paid
at the applicable rate of pay for the day;
(iii) Where an
engagement is in excess of four and up to eight hours, all such time shall be
paid at the employee’s applicable rate of pay for the day.
(iv) Any time
worked in excess of eight hours with a child in care, on any day shall be
overtime and paid as follows:
(a) All overtime
worked on Monday to Saturday, inclusive, shall be paid for at the rate of time
and one-half for the first two hours and double time thereafter. Such overtime
to be calculated with reference to Rate A of Table 2.
(b) All overtime
worked on Sunday shall be paid for at the rate of double time; such overtime to
be calculated with reference to Rate A of Table 2.
(c) All overtime
worked on a public holiday shall be paid for at the rate of double time and
one-half, such overtime to be calculated with reference to Rate A of Table 2.
(v) Excess
Travelling Time
Any time spent away from home in excess of eight hours
without a child in care on any day shall, except where an overnight stay is
involved, be travelling time and be compensated for at the ordinary rate
applicable for that day.
(vi) Overnight
Stays
(a) Where an
engagement involves an overnight stay the provisions of the Public Sector
Management General Regulation shall be applied.
Overnight stay has the meaning that an employee is away from
his/her home at or after midnight as a result of escorting a client.
(b) Payment of
working time shall cease for overnight stays when the child ceases to be in the
care of the employee.
(vii) Escort Duty
(Other than Casual Employees)
An employee undertaking escort duties will be paid at the
employees ordinary rate of pay for the employees classification or position,
and where applicable for the work performed, will be paid appropriate
entitlements, including overtime, prescribed by this award.
19. Uniforms And
Protective Clothing
(i) Sufficient
and serviceable uniforms or overalls shall be supplied, free of cost, to each
employee or casual employee required to wear them; provided that any employee
or casual employee to whom a new uniform or part of a uniform has been supplied
by the department who without good reason, fails to return the corresponding
article last supplied, shall not be entitled to have such article replaced
without payment therefore at a reasonable price.
(ii) An employee
or casual employee on leaving the service of the department shall return any
uniform or part thereof supplied by the department which is still in use by
that employee immediately or prior to leaving.
(iii) If the
uniform of an employee is not laundered at the expense of the department, an
allowance prescribed in Table 3 - Allowances, of Part B, Monetary Rates, shall
be paid to such employees.
(iv) The allowance
referred to in subclause (iii) of this clause is payable to full-time and
part-time employees but shall not be payable to casual employees.
(v) Each employee
or casual employee whose duties require him/her to work in the rain will be
supplied with suitable protective clothing upon request.
(vi) Each employee
or casual employee whose duties require him/her to work in a hazardous
situation with or near machinery shall be supplied with appropriate protective
clothing and equipment.
20. Settlement Of
Disputes
(i) All
industrial grievances or disputes 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.
(ii) An employee
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.
(iii) The immediate
supervisor shall convene a meeting in order to resolve the grievance, dispute
or difficulty within two working days, or as soon as practicable, of the matter
being brought to attention.
(iv) 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 working days, or as soon as practicable. The employee may pursue the
sequence of reference to successive levels of management until the matter is
referred to the Centre Manager and subsequently to the Cluster Director.
(v) The Centre
Manager or Cluster Director may refer the matter to the Department’s Human
Resources or Industrial Relations Unit or any senior employee delegated by the
Director General of the Department.
(vi) If the matter
remains unresolved, the Department 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.
(vii) An employee,
at any stage, may request to be represented by their union.
(viii) If the matter
remains unresolved, either of the parties may refer the matter to the New South
Wales Industrial Relations Commission. The parties shall agree to be bound by
any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
(ix) Whilst the
procedures outlined in 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 employee or member of the
public.
21. Anti
Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity and age.
(b) It follows
that in fulfilling their obligations under clause 20, Settlement of Disputes,
of this award, the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this award are not directly or
indirectly discriminatory in their effects.
It will be consistent with the fulfilment of these obligations for the
parties to make application to vary any provision of the award which, by its
terms or operation, has a direct or indirect discriminatory effect.
(c) Under the Anti‑Discrimination Act 1977, it
is unlawful to victimise an employee because the employee has made or may make
or has been involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to affect:
(i) Any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) Offering or
providing junior rates of pay to persons under 21 years of age;
(iii) Any act or
practice of a body established to propagate religion which is exempted under
section 56 (d) of the Anti‑Discrimination
Act 1977;
(iv) A party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
22. Savings Clause
No employee or casual employee is to suffer a loss in salary
or conditions as a result of the implementation of this award.
23. No Extra
Claims
During the term of this award, no wages or other claims may
be made, except if agreed by the parties.
24. Notation
It is the intention of the parties that this award shall
apply in place of the following industrial instruments with respect to the
classifications in this award and the parties shall take all steps necessary to
rescind these instruments.
The Juvenile Justice (NSW) Enterprise Agreement, 1994 -
Health & Research Employees Association (NSW).
General Division Instructional Staff etc, Institutions,
Department of Youth and Community Services Agreement (2276 of 1980, with
respect to employees of the Department of Juvenile Justice).
Consolidated General Staff Institutions, Department of Youth
and Community Services Agreement (2385 of 1982)
Escorts, Department of Youth and Community Services Agreement
(2270 of 1980)
Maintenance Officers Determination (764 of 1982)
25. Area,
Incidence And Duration
This Award shall apply to employees in the Department of
Juvenile Justice in the positions and classifications identified in this award.
It replaces the Residential Care Staff, Department of Youth
and Community Services (Hours) Award with respect to the classifications in
this award.
Employees are entitled to the conditions of employment
provided by this award and by the Public Sector Management Act 1988 and the
Public Sector Management (General) Regulation 1996. The provisions of the Crown Employees (Public Service Conditions
of Employment) Award 1997 and Crown Employees (Public Sector - Salaries
January, 2000) Award or any replacement award, also apply to employees covered
by this award, except where specifically varied by this award.
The salary rates in Table 1 of Part B, Monetary Rates, are
set in accordance with the Crown Employees (Public Sector - Salaries January,
2000) Award and any variation or replacement award.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees
Department of Juvenile Justice - Direct Care Staff (Centres) Award published 18
August 2000 (317 IG 1169) and all variations thereof.
The award shall take effect from 6 April 2001 and remains in
force until varied or rescinded, the period for which it was made having
already expired.
PART B
MONETARY RATES
Table 1 - Rates of Pay and Allowances
|
Rates at:
Senior Youth Worker
|
03/01/2000 (2%)
|
01/01/2001 (2%)
|
|
|
1st Year
|
31,481.00
|
32,111.00
|
|
|
2nd Year
|
32,956.00
|
33,615.00
|
|
|
3rd Year
|
33,284.00
|
33,950.00
|
|
|
4th Year
|
33,528.00
|
34,199.00
|
|
|
1st Year
|
33,855.00
|
34,523.00
|
|
|
2nd Year
|
34,476.00
|
35,166.00
|
|
|
3rd year
|
35,118.00
|
35,820.00
|
|
|
4th Year
|
35,737.00
|
36,452.00
|
|
|
5th Year
|
36,410.00
|
37,138.00
|
|
|
6th Year
|
37,087.00
|
37,829.00
|
|
|
If the employee is a Tradesperson or has trade
qualifications relevant to the employee's vocational employment classification,
the employee shall be paid an allowance at the rate of $965.00 per year in
addition to the rates prescribed.
|
|
Maintenance Officer
|
|
1st Year
|
29,319.00
|
29,905.00
|
|
|
2nd Year
|
29,803.00
|
30,399.00
|
|
|
If the employee is a Tradesperson or has trade
qualifications, the employee shall be paid an allowance to the rate
prescribed by the Crown Employees (Skilled Trades) Award for the trade if the
trade rate is higher than the above rate.
|
|
Outdoor Attendant
|
|
1st year
|
28,087.00
|
28,649.00
|
|
|
2nd Year
|
28,329.00
|
28,896.00
|
|
|
1st Cook
|
29,803.00
|
30,399.00
|
|
|
2nd Cook
|
29,319.00
|
29,905.00
|
|
|
Cook Other
|
28,548.00
|
29,119.00
|
|
Table 2 - Casual Escorts
(NOTE: per hour rates provided below include casual loadings
and 1/12 the holiday pay in lieu of annual leave)
Rate A: Applicable for Monday-Friday and for the calculator
of all instances of overtime and travelling time (weekdays, weekends and public
holidays).
|
1st year
|
16.19
|
16.51
|
|
2nd year
|
16.19
|
16.51
|
|
3rd year
|
16.34
|
16.67
|
|
Thereafter
|
16.88
|
17.22
|
|
Rate B: Applicable for the first 8 hours on Saturday
|
|
1st year
|
22.08
|
22.52
|
|
2nd Year
|
22.08
|
22.52
|
|
3rd year
|
22.28
|
22.73
|
|
Thereafter
|
23.02
|
23.48
|
|
Rate C: for work performed on a Sunday
|
|
1st Year
|
25.76
|
26.27
|
|
2nd year
|
25.76
|
26.27
|
|
3rd Year
|
25.99
|
26.51
|
|
Thereafter
|
26.85
|
27.39
|
|
Rate D: for work performed on Public Holidays
|
|
1st year
|
36.79
|
37.53
|
|
2nd year
|
36.79
|
37.53
|
|
3rd Year
|
37.13
|
37.88
|
|
Thereafter
|
38.36
|
39.13
|
|
Category 1
|
26,228.00
|
26,753.00
|
|
Category 2
|
26,937.00
|
27,476.00
|
|
Category 3
|
27,809.00
|
28,365.00
|
Table 3 - Allowances
|
Broken Shift
Allowance
|
|
$4.89 per shift
|
|
Additional Duties
Allowance
|
|
$458.00 per year
|
|
(Ancillary Staff - for employees whose duties involve the
maintenance and supervision of swimming pools, pest control duties,
maintenance of sporting ovals and the like.)
|
|
Uniform Allowance
|
|
$2.80 per week
|
|
Sewerage and Grease
Traps
|
|
$114.00 per year
|
|
(For employees who are regularly required to perform work
on sewerage and grease traps or other duties considered offensive by the
department.)
|
|
(For employees who are required to assist in cleaning
sewerage chokages and who are required to assist in opening up any soil pipe,
waste pipe, drain pipe or pump containing sewerage or who are required to
work in a septic tank in operation.)
|
|
Supervision of
Residents
|
|
$5.57 per week
|
|
(The allowance is to be paid to employees, (other than
Senior Youth Workers, Vocational Instructors and Escorts) when required to
supervise juvenile detainees.)
|
R. W. HARRISON D. P.
____________________
Printed by the authority of the Industrial Registrar.