Crown Employees (Department of Customer Service -
SafeWork NSW Inspectors 2007) Reviewed Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 284623 of 2018)
Before Commissioner Webster
|
10 December 2019
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject
Matter
1. Title
2. Definitions
3. Parties
4. Salaries
and Allowances
5. Conditions
of Employment
6. Hours
7. Flexible
Working Hours Scheme
8. Overtime
9. Excess
Travelling Time
10. Annual
Leave Loading
11. Sick Leave
- Mutual Leave Fund
12. After Hours
Response Service
13. Motor
Vehicles
14. Deduction
of Union Membership Fees
15. Classification
Structure
16. Competency
Assessment
17. Entry Level
Inspector
18. Progression
as an Inspector
19. Progression
to Senior Inspector or Principal Inspector
20. Progression
to Assistant State Inspector or State Inspector
21. Grievance
Handling and Dispute Settling Procedure
22. Anti-Discrimination
23. No Extra
Claims
24. Area,
Incidence and Duration
PART B
MONETARY. RATES
Table 1 - Inspector Classification and Salary Scales
Table 2 - After Hours Response Service Allowances
PART A
1. Title
This award will be known as the Crown Employees (Department
of Customer Service - SafeWork NSW Inspectors 2007)
Reviewed Award.
2. Definitions
"Contract hours" for a full time Inspector, means
one fifth of ordinary working hours as prescribed in this award and, for a part
time Inspector, means the hours usually worked on the day.
"Competencies" refer to the national competency
standards assigned by SafeWork NSW at specific
classification levels.
"Daily span of hours" means, for an Inspector
required to work flexible hours, the hours that fall within the bandwidth of
the flexible working hours scheme of this award, which do not attract payment
for overtime and, for an Inspector required to work standard hours, the
contract hours defined in this award.
"Inspector" means an employee employed in the SafeWork NSW Branch of the Better Regulation Division of
Department of Finance, Services and Innovation under Chapter 1 of the
Government Sector Employment Act 2013 and who occupies a position classified in
the Inspector Classifications identified in Table 1 of this award.
"Level" means the salary levels specified in Table
1 of this award.
"Memorandum of Understanding" means the document
referred to in this award that specifies the understanding between the parties
of the benefits to the parties through the operation of the award, the
implementation of the award and the administration of the award.
"Salary scale" means the set of salaries payable
under this award and specified in Table 1 of this award.
"Standard hours" are the set and regular hours of SafeWork NSW’s operations as determined by SafeWork NSW.
"Union" and "PSA" means the Public
Service Association and Professional Officers’ Association Amalgamated Union of
New South Wales.
"SafeWork NSW" means the
SafeWork NSW Branch of the Better Regulation Division
of NSW Department of Customer Service.
3. Parties
3.1 The parties to
this award are:
(a) The Industrial
Relations Secretary; and
(b) Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
4. Salaries and
Allowances
4.1 For the purposes
of this award, the parties note:
(a) The former
Crown Employees (WorkCover Authority - Inspectors) Award
made on 28 November 2003 published 21 May 2004 (344 I.G. 523) is listed in
Schedule A and Part B Monetary Rates of the Crown Employees (Public Sector -
Salaries 2007) Award published 30 March 2007 (362 I.G. 404).
(b) The Crown
Employees (Public Sector - Salaries 2007) Award provides for a 4% salary
increase for Inspectors from the beginning of the first pay period commenced on
or after 1 July 2007.
(c) The 4% salary
increase in the Crown Employees (Public Sector - Salaries 2007) Award is the
final pay increase arising from the agreement entered into on 21 December 2004
between the New South Wales Government and the Association.
(d) The increases
provided by this award include:
i. A
compensatory increase of $4,500 per annum effective from the first pay period
commencing on or after 16 November 2006, for changes to the Private Use Motor
Vehicle Scheme included in the Memorandum of Understanding.
ii. Increases that
introduce a new salary structure that provide incremental steps comprising -
4.2 The parties
agree that:
(a) The increases
referred to in 4.1(d) above are included in the following tables as follows:
i. Table
1 - All salary increases specified in 4.1(d).
ii. Table 2 - The
increases in allowances specified in 4.1(d) ii. B.
(b) During the term
of this award, variation to the salaries and allowances included in the Tables
to this award by way of salary increases or other benefits will be those
applied by the Crown Employees (Public Sector Salaries - 20019) Award, or a
replacement award.
(c) The adjustment
of an Inspector’s salary to the new incremental salary rates referred to in
4.1(d) ii. A, is to be in accordance with Table 3.
4.3 Classifications and Salaries
(1) The
classifications are set out in Table 1 of Part B, Monetary Rates of this award.
(2) The
corresponding salary rates are set by the Crown Employees (Public Sector -
Salaries 2019) Award or any variation or replacement award.
(3) The salaries of
employees employed are adjusted to the appropriate scale prescribed by the award
on the basis of years of service in role or grade.
(4) In calculating
years of service for the purpose of this award the following periods are not
taken into account:
(a) Any period in
respect of which an increment is refused in accordance with clause 14,
Increments, of the Government Sector Employment Regulation 2014;
(b) Any leave of
absence without pay exceeding five days in any incremental year;
(c) Any period
necessary to give full effect to a reduction in salary imposed under sections
68 Unsatisfactory performance of government sector
employees and 69 Misconduct - Public Service and other prescribed government
sector employees the Government Sector
Employment Act 2013.
5. Conditions of
Employment
5.1 The provisions
of the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009 apply to an Inspector except for the following provisions in this award,
which replace any respective counterpart provision applying within the relevant
clauses of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009:
(a) Flexible
working hours.
(b) Overtime and
overtime meal allowances.
(c) Excess
travelling time.
(d) Annual leave
loading.
(e) Sick leave with
respect to the Mutual Leave Fund.
5.2 In the event of
any inconsistency or ambiguity that may arise in the application of this award,
the relevant provisions of this award will apply before the relevant provisions
of Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009.
6. Hours
6.1 The ordinary
working hours of an Inspector are 38 hours per week, Monday to Friday.
6.2 An Inspector’s
contract hours for one day are equivalent to 7 hours and 36 minutes, which are
used to calculate leave entitlements and for SafeWork
NSW to determine the standard hours for an Inspector.
6.3 An Inspector’s
daily span of hours will be either the bandwidth specified under the flexible
working hours scheme of this award or the standard
hours determined by SafeWork NSW.
7. Flexible Working
Hours
7.1 The Department
of Finance Services and Innovation Flexible Working Hours Agreement 2016 or its
replacement will apply to all Inspectors working under this award.
8. Overtime
8.1 Eligibility for
overtime:
(a) An Inspector
will be eligible for overtime if they have been directed by their supervisor to
work -
i. more than 10 hours in one day; or
ii. before 6:00am or after 10:00pm; or
iii. on
a Saturday, Sunday or public holiday.
(b) Hours worked
under the extended bandwidth will not of itself result in overtime, unless the
conditions in (a) apply.
(c) An Inspector
who is rostered for the After Hours Response Service when "called
out" to attend an incident shall be paid a minimum of 3 hours at double
time per each separate incident.
8.2 An Inspector may
be directed to work overtime, provided it is reasonable for the Inspector to be
required to do so. An Inspector may
refuse to work overtime in circumstances where the working of such overtime
would result in the Inspector working unreasonable hours. In determining what is unreasonable, the
following factors shall be taken into account:
(a) the Inspector’s prior commitments outside the workplace,
particularly the Inspector’s family and carer responsibilities, community
obligations or study arrangements,
(b) any risk to the Inspector’s health and safety,
(c) the urgency of the work required to be performed during
overtime, the impact on the operational commitments of the organisation and the
effect on client services,
(d) the notice (if any) given regarding the working of the
overtime, and by the Inspector of their intention to refuse overtime, or
(e) any other relevant matter.
8.3 Overtime is to
be calculated using the formula
Annual Salary ¸
52.17857
|
|
35
|
= Hourly Rate
|
8.4 Overtime Meal
Allowances:
(a) The overtime
meal allowances for breakfast, lunch and dinner specified in the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 will
apply.
(b) Breakfast
Allowance - Inspectors are eligible for the allowance for breakfast when they
have been directed to work before 6.00am and an expense is actually incurred.
(c) Lunch Allowance
- Inspectors are eligible for the allowance for lunch when they have been
directed to work on a Saturday, Sunday or public holiday and commence before
8.30am and finish after 1.30pm or commence after 8.30am and finish after 2.00pm
and an expense is actually incurred.
(d) Dinner
Allowance - Inspectors are eligible for the allowance for dinner when they have
been directed to work after 6.30pm and an expense is actually incurred.
8.5 Meal breaks are
in an Inspector’s own time and are not counted towards an Inspector’s work time
or for the payment of overtime or the accrual of flexible working hours.
9. Excess Travelling
Time
9.1 Excess
travelling time is the time taken for an Inspector to travel to a work location
that is in excess of the time normally taken for the Inspector to travel
between their home and their office.
9.2 Compensation for
excess travelling time applies when:
(a) the travel is required to perform SafeWork
NSW duties; and
(b) the travel has had prior approval; and
(c) the excess travelling time amounts to at least 15 minutes on
any one day outside the daily span of hours after deducting the time normally
taken for an Inspector to travel between their home and their office.
9.3 Excess
travelling time undertaken during the Extended Bandwidth will accrue as hours
worked under flexible working hours.
9.4 Excess
travelling time undertaken outside the Extended Bandwidth of before 6.00am or
after 10.00pm Monday to Friday, or on a Saturday, Sunday or public holiday, or
on a non-working day, will be compensated by payment or by leave in lieu at the
Inspector’s ordinary rate of pay.
9.5 SafeWork NSW will decide which type of compensation to
grant, having regard to the needs of the Inspector and SafeWork
NSW.
10. Annual Leave
Loading
10.1 The salary rates
in Table 1 to this award include an amount of 1.5% of the relevant rate to reflect
the annualisation of leave loading.
11. Sick Leave -
Mutual Leave Fund
11.1 This award
continues the SafeWork NSW Inspectors’ Mutual Leave
Fund (the Fund).
11.2 The Fund is an
additional entitlement to an Inspector’s annual sick leave entitlements and
will operate as follows:
(a) Unless
otherwise agreed between the parties, a contribution of three days sick leave
will be made from an Inspector’s annual sick leave entitlement on 1 January
each year and pooled in the Fund.
(b) These pooled
days will accumulate for the life of this award.
(c) An Inspector
with less than five days sick leave on the 1 January will not be required to
contribute any days sick leave for that year but will be
required to contribute no more than three days sick leave on 1 January of the
following year.
(d) Contributions
from an Inspector’s annual sick leave entitlement -
i. will cease when the maximum number of
pooled days reaches 2,100 days or more; and
ii. will re-start when the number of pooled days reaches 1,500
days or less.
(e) An Inspector
will be notified regarding further contributions from their annual sick leave
entitlement when the minimum number of pooled days has been reached.
(f) If the Fund is
discontinued for any reason, the accumulated sick leave days will be
re-credited to the Inspector’s sick leave entitlement to the extent of the
contributions made, less the number of days paid to the Inspector from the
Fund.
(g) An Inspector
who transfers to a position within SafeWork NSW not
covered by this award, or transfers elsewhere in the Public Service, will have
re-credited to the Inspector’s sick leave entitlement, the contributions made
less the number of days paid to the Inspector from the Fund.
(h) An Inspector is
entitled to claim from the Fund when -
i. their accumulated and annual sick
leave entitlement is exhausted; and
ii. they have been absent from work due to sickness or injury
for 10 consecutive working days, as a qualifying period.
(i) SafeWork NSW may, subject to the circumstances of the case
such as part time absences for treatment of a chronic illness, reduce or waive
the requirement for an Inspector to have been absent from work for the
qualifying period of 10 consecutive working days.
(j) An Inspector
is entitled to claim from the Fund for all days absent from work through
sickness or injury, including the 10 consecutive working days qualifying
period.
(k) A medical
certificate must support all days claimed from the Fund.
(l) Should the
Fund be unable to meet claims because of insufficient pooled days, SafeWork NSW will underwrite any claims until the Fund
receives further contributions.
12. After Hours
Response Service
12.1 An After Hours Response Service will operate to provide a rapid
response to an emergency incident that occurs outside SafeWork
NSW standard hours and includes the Emergency Telephone and the Asbestos
Demolition Response Service.
12.2 An Inspector who
is rostered for the After Hours Response Service as the After Hours Response
Manager or as a Rostered Inspector will be paid the allowances specified in
Table 2 of this award.
12.3 An Inspector who
is rostered for the After Hours Response Service when called out to attend an
emergency incident will be paid a minimum of three hours overtime at double
time for each separate incident.
12.4 Should an
Inspector be called out to attend an emergency incident on a public holiday,
the Inspector will be paid a minimum of three hours at double time and a half
for each separate incident.
13. Motor Vehicles
13.1 A motor vehicle
will be allocated to an Inspector as a tool of work to enable the efficient and
effective operation of SafeWork NSW services.
13.2 The motor vehicle
allocated to an Inspector will be available for private use by the Inspector,
subject to the SafeWork NSW Motor Vehicle Private Use
Scheme.
13.3 The parties
acknowledge that motor vehicles are allocated, along with a package of
conditions including a 38 hour week, to enable the efficient and effective
operation of services provided by field based inspectors. SafeWork
NSW acknowledges that Inspectors originally traded a 35 hour week as well as
other trade offs to obtain the conditions in this
package.
14. Deduction of Union
Membership Fees
14.1 The union shall
provide SafeWork NSW with a schedule setting out
union fortnightly membership fees payable by members of the union in accordance
with the union's rules.
14.2 The union shall
advise SafeWork NSW of any change to the amount of
fortnightly membership fees made under its rules and any variation to the
schedule of union fortnightly membership fees payable shall be provided to SafeWork NSW at least one month in advance of the variation
taking effect.
14.3 Subject to 14.1
and 14.2 above, SafeWork NSW shall deduct union
fortnightly membership fees from the pay of any Inspector who is a member of
the union in accordance with the union's rules, provided that the Inspector has
authorised SafeWork NSW to make such deductions.
14.4 Money so deducted
from the Inspector’s pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
14.5 Unless SafeWork NSW and the union agree to other arrangements, all
union membership fees shall be deducted on a fortnightly basis.
14.6 Where an
Inspector has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the Inspector to make a fresh authorisation in order for such
deductions to continue.
15. Classification
Structure
15.1 The Inspector
Classification has two streams, Inspectorial and Managerial, which represent
work of either an inspectorial nature or of a managerial nature and reflect the
different types of work performed, knowledge required, problem solving skills
employed and accountability levels established.
15.2 Appointment to
and progression within the Inspectorial stream will be in accordance with the
provisions contained in clauses 17, 18, 19 and 20 of this award.
15.3 Appointment to
and progression within the managerial stream will be by merit selection.
15.4 Transfer between
each stream, will be subject to the follow principles:
(a) An Inspector in
the Inspectorial Stream who is successful in being appointed to a position in
the Managerial Stream will transfer to the Managerial Stream position and
retain their Inspectorial Stream salary where -
i. their Inspectorial Stream salary is
higher than the salary for the Managerial Stream position, and
ii. the functions and scope of the Managerial Stream position,
as determined by SafeWork NSW, enables the Inspector
to continue to exercise their Inspectorial skills and knowledge in the field at
the level consistent with their Inspectorial Stream salary.
(b) An Inspector in
the Managerial Stream may transfer to a position in the Inspectorial Stream provided
that -
i. there is an identified need approved
by SafeWork NSW, and
ii. the Inspector holds the relevant competencies or other
qualifications specified for the Inspectorial Stream position to which they are
transferred; or,
iii. a District Coordinator who has held that position for 3
years and is approved to transfer into the Inspectorial stream may do so
without the need to obtain Principal Inspector competencies. Periods of acting
as a District Coordinator do not count towards the 3-year period. A District
Coordinator 2 will move to the salary rate of a Principal Inspector 2.
(c) An Inspector
transferring to another position within the Inspectorial stream or within the
Managerial stream will be subject to procedures determined by SafeWork NSW following consultation with the PSA.
16. Competency
Assessment
16.1 Progression and
appointment to the Inspector Classifications of Senior Inspector, Principal
Inspector, Assistant State Inspector and State Inspector will be subject to, amongst
other requirements, an Inspector holding the relevant competencies specified in
the Memorandum of Understanding that have been awarded by:
(a) SafeWork NSW in its role as a Registered Training
Organisation, or
(b) a Registered Training Organisation conducting assessment
under the auspices of SafeWork NSW, or
(c) any other Registered Training Organisation having the
capacity to issue a Statement of Attainment.
16.2 SafeWork NSW will ensure that a policy of equal opportunity
is applied so that all Inspectors are offered equal access to work of a nature
that provides learning and development in the disciplines and fields of
knowledge relevant to competency units. This may involve an Inspector changing
groups, teams or locations to access these opportunities.
16.3 The parties are
committed to a process of consultation on the methods to be used to assess an
Inspector against a competency unit, with a view to reaching agreement on the
methods adopted being:
(a) fairly and justly applied,
(b) regarded by the parties as appropriate for assessment of the
Inspector against the relevant competency unit, and
(c) consistent with the national guidelines for assessment of
competency units contained in appropriate National Training Packages.
16.4 Changes to the
competency units selected and assigned at each Inspector classification level:
(a) will require the parties to consult and reach agreement to
those changes.
(b) will occur in such a way as to ensure that the competency
assessment process is fair and just.
(c) The parties are
committed to a process of ensuring that the competency units selected remain
relevant and appropriate to the work of an Inspector.
17. Entry Level
Inspector
17.1 An entry level Inspector
is an Inspector recruited to an Inspector Classification position for which
they applied, on a salary level for the position that is commensurate with
their skill and experience as determined by SafeWork
NSW.
17.2 Probationary
appointment and confirmation:
(a) An entry level
Inspector will be appointed on probation for a period of 12 months, or such
other period as directed by SafeWork NSW, to -
i. undertake training for the Diploma of
Government (Workplace Inspection) issued by SafeWork
NSW as a Registered Training Organisation, and
ii. receive instruction in the conduct and performance of an
Inspector.
(b) The entry level
Inspector will be eligible for confirmation of appointment when they have -
i. met
the standards required within the entry level Inspector’s training program,
which includes assignments and field activities, and have had their conduct and
performance assessed as satisfactory.
ii. been assessed and deemed competent for the Diploma of
Government (Workplace Inspection).
(c) The entry level
Inspector who has completed a period of probation in a position other than
Inspector in SafeWork NSW, or a position in another
Department or other New South Wales public authority, and was confirmed in that
position, will be regarded as an entry level Inspector and will be required to
-
i. undertake the training and receive
instructions as specified in (a), and
ii. satisfy the confirmation of appointment provisions in (b).
17.3 Should an entry
level Inspector not satisfy the confirmation of appointment provisions within
the 12-month period, SafeWork NSW may extend their
probation for a further period or periods considered appropriate by SafeWork NSW to complete the confirmation of appointment
requirements, subject to reasonable notice being given to the entry level
Inspector.
17.4 Should an entry
level Inspector fail to complete the requirements for confirmation of
appointment within the extended period, SafeWork NSW
will discontinue the provision of training and instructions and will consider
the future of their continued employment in SafeWork
NSW.
18. Incremental
Progression
18.1 Incremental
progression as an Inspector from Inspector Level 1 to Inspector Level 2 and subsequently
to Inspector Level 3 will be subject to an Inspector’s conduct and performance
being assessed as satisfactory after a period of 12 months as an Inspector
Level 1, Inspector Level 2, or Inspector Level 3.
18.2 Incremental
progression within each of the Inspector classifications within the
Inspectorial Stream other than Inspector Level 1, Inspector Level 2, or
Inspector Level 3, and within the Managerial stream, will be subject to an
Inspector’s conduct and performance being assessed as satisfactory after a
period of 24 months in the Inspector’s classification.
19. Progression to
Senior Inspector Or Principal Inspector
19.1 Progression to
Senior Inspector or Principal Inspector will require:
(a) the Inspector’s conduct and performance being assessed as
satisfactory, and
(b) the Inspector holding relevant competencies for a Senior
Inspector or Principal Inspector, whichever applies.
20. Progression to
Assistant State Inspector Or State Inspector
20.1 Progression to
Assistant State Inspector or State Inspector will be subject to:
(a) the Inspector holding the relevant competencies for an
Assistant State Inspector or State Inspector, and
(b) merit selection.
21. Grievance and
Dispute Settling Procedures
21.1 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 SafeWork
NSW, if required.
21.2 A staff member is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
21.3 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 Executive Director or delegate.
21.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
21.5 If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Executive
Director.
21.6 The Executive
Director may refer the matter to the Industrial Relations Secretary for
consideration.
21.7 If the matter
remains unresolved, the Executive Director shall provide a written response to
the staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
21.8 A staff member,
at any stage, may request to be represented by the Union.
21.9 The staff member,
or the Union on their behalf, or the Executive Director may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
21.10 The staff member,
Union, SafeWork NSW and the Public Service Commission
shall agree to be bound by any order or determination by the New South Wales
Industrial Relations Commission in relation to the dispute.
21.11 Whilst the
procedures outlined in subclauses 21.1 to 21.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public.
22.
Anti-Discrimination
22.1 It is the
intention of the parties bound by this award to seek to achieve the objects of
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.
22.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
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 the effects and it will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provisions of this award, which by its terms or operation, has a
direct or indirect discriminatory effect.
22.3 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.
22.4 Nothing in this
clause is to be taken to effect:
(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 exempt 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.
22.5 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.
22.6 Notes -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects ......... any other
act or practice of a body established to propagate religion that conforms to
the doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
23. No Extra Claims
23.1 The no extra
claims clause (clause 8) contained in the Crown Employees (Public Sector -
Salaries 2015) Award shall apply to employees covered by this Award.
24. Area, Incidence
and Duration
24.1 This award will
apply to all Inspectors who occupy a position classified in the Inspector
Classifications identified in Table 1 of this award.
24.2 This award is
made following consent of the parties and rescinds and replaces the Crown
Employees (Department of Finance Services and Innovation - SafeWork
NSW Inspectors) Award 2007, published 15 January 2016 (378 IG 989).
24.3 This award will
be effective from the first pay period commencing on or after 16 November 2007.
24.4 This award will be
in force for a period of three years from 16 November 2007 or until it is
varied or rescinded.
24.5 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 10 December 2019.
Changes made to this award subsequent to it first being
published on 16 November 2007 have been incorporated into this award as part of
the review
Table 1 - Inspector Classifications and Salary Scales
Current salaries for classifications covered by this Award
are determined by the Crown Employees (Public Sector - Salaries 2019) Award or
its replacement and are found in the salary tables attached to that award. The
below tables are for historical purposes only.
Inspectorial Stream
|
Managerial Stream
|
|
|
|
|
Level 1
|
|
Level 2
|
|
Level 3
|
|
Senior Inspector 1
|
|
|
|
Senior Inspector 2
|
|
|
|
Principal Inspector 1
|
District Coordinator 1
|
|
|
Principal Inspector 2
|
|
|
|
Assistant State Inspector 1
|
District Coordinator 2
|
|
|
Assistant State Inspector 2
|
|
|
|
State Inspector 1
|
Team Coordinator 1
|
State Inspector 2
|
Team Coordinator 2
|
|
State Coordinator 1
|
|
State Coordinator 2
|
|
Team Manager 1
|
|
Team Manager 2
|
4,500 Compensatory Payment
New Salary Structure and Interim payment from 4%
4% Final Payments
Table 2 - After Hours Response Service Allowances
Allowances
|
Role
|
Roster Allowances
|
Phone Call
Disturbance Allowance
|
|
From first pay period commencing1 July 2007
|
From first pay period commencing 1 July 2007
|
After Hours Response Manager
|
$116 per week
|
$31 per call received up to eight calls in24 hours
|
Rostered Inspector
|
$116 per week
|
$21 per call received up to eight calls in 24 hours
|
J. WEBSTER, Commissioner
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Printed by the authority of the Industrial Registrar.