Crown Employees (Chief Education Officers -
Department of Education) Salaries and Conditions Award 2014
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 721 of 2015)
Before Commissioner Stanton
|
27 October 2015
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Purpose
and Principles of this Award
3. Definitions
4. Qualifications
5. Salaries and
Other Remuneration
6. Conditions
of Employment
7. Recreation
Leave
8. Deferred
Salary Scheme
9. Performance
Management and Professional Development
10. Mobility
Provisions
11. Technological
Change
12. Dispute
Resolution Procedures
13. Duties as Directed
14. Redeployment
15. Right of
Return of Permanent Officers Temporarily Appointed to Chief Education Officer
Positions
16. No Further
Claims
17. Anti-Discrimination
18. Work,
Health and Safety
19. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salary Scale
2. Purpose and
Principles of This Award
2.1 This award
establishes the conditions of employment, including salaries, of chief
education officers.
2.2 The parties to
this award are the Department and the ISEA.
2.3 The parties
will support chief education officers by:
(a) providing
clear lines of communication on matters affecting individuals and their work;
(b) developing
individual and collective talents;
(c) promoting
co-operation and teamwork;
(d) recognising individual
and team contributions; and
(e) promoting
career planning and development.
2.4 This award aims
to assist the Department and chief education officers in pursuing the goal of
continuous improvement by:
(a) supporting
schools in carrying out the government agenda;
(b) facilitating
teaching and learning processes which will improve student opportunities and
outcomes;
(c) improve
organisation-wide productivity and efficiency;
(d) assisting and
accelerating cultural change in the workplace towards greater participation and
flexibility;
(e) promoting
better and more satisfying jobs;
(f) developing and
pursuing constructive changes aimed at improving teaching and learning in
schools on a co-operative, continuing basis by using a consultative approach;
(g) maintaining
essential standards of employment conditions;
(h) providing
certainty, stability and equity in salaries and conditions arrangements for the
period of the award;
(i) laying a
foundation for further workplace improvement through a commitment to improved
teaching and learning in schools, greater customer focus and commitment to
quality service and to joint development of performance measures;
(j) enhancing the
opportunities of chief education officers for career progression and mobility;
and
(k) improving the
effectiveness of the Department.
3. Definitions
3.1 "Act"
means the Teaching Service Act 1980.
3.2 "Chief
Education Officer" means a person appointed as such by the Secretary under
the Act.
3.3 "Department"
means the Department of Education.
3.4 "Industrial
Relations Commission" means the Industrial Relations Commission of New
South Wales, established by the Industrial Relations Act 1996.
3.5 "ISEA"
means the Institute of Senior Educational Administrators of New South Wales.
3.6 "Officer"
means and includes all persons permanently or temporarily employed in the
Teaching Service under the provisions of the Act.
3.7 "Parties"
means the Department and the ISEA.
3.8 "Secretary"
means the Secretary, Department of Education.
3.9 "Senior
Officers" means employees employed as senior officers whose working
conditions are prescribed under the Crown Employees (Public Service Conditions
of Employment) Award 2009 published 31 July 2009 (368 I.G. 884) as varied, or
its successor.
4. Qualifications
4.1 The parties
agree that the qualification requirements of positions should accurately
reflect their requirements and should conform with equal employment opportunity
principles.
4.2 The position
criteria for future vacant chief education officer positions will, in the main,
reflect the need for relevant educational experience.
4.3 Qualifications
for appointment as a chief education officer will be as determined by the
Secretary.
5. Salaries and Other
Remuneration
5.1 Except as
otherwise provided in subclause 5.5 of this clause, chief education officers
must be employed at an annual salary not less than that for the classifications
as set out in Table 1 - Salary Scale, of Part B, Monetary Rates.
5.2 Subject to the
provisions of the Act and to the regulation made thereunder, chief education
officers covered by this award will be paid the salary as set out in the said
Table 1.
5.3 The salaries
payable in Table 1 include remuneration of all incidents of employment other than:
(a) annual leave
loading;
(b) travel or
subsistence or motor vehicle allowances;
(c) allowances in
relation to relocation expenses; and
(d) climatic
living and disability (Broken Hill) allowances.
5.4 Persons
appointed as chief education officers subsequent to the making of this award
will be appointed to the appropriate salary level based on their background,
experience and, where applicable, previous salary level.
5.5 Chief education
officers not on salary level 3 shall be entitled to progress to a higher level
of salary after each 12 months of service subject to satisfactory performance.
5.6 Salary
packaging
For the purposes of this clause "salary"
means the salary or rates of pay prescribed by Part B, Table 1 of this award
and superable allowances.
5.6.1 An employee may,
by agreement with the employer, enter into a salary packaging arrangement
including salary sacrifice of superannuation where they may convert up to 100%
of their salary to other benefits.
Any pre-tax and post-tax payroll deductions must be
taken into account prior to determining the amount of salary available to be
packaged. Such payroll deductions may include but are not limited to,
compulsory superannuation payments, HECS payments, child support payments,
judgment debtor/garnishee orders, union fees, health fund premiums.
5.6.2 The terms and
conditions of the salary packaging arrangement, including the duration as
agreed between the employee and employer, will be provided in a separate
written agreement, in accordance with the Department’s salary packaging
guidelines. Such agreement must be made prior to the period of service to which
the earnings relate.
5.6.3 Salary packaging
must be cost neutral for the employer. Employees must reimburse the employer in
full for the amount of:
5.6.3.1 any
fringe benefits tax liability arising from a salary packaging arrangement; and
5.6.3.2 any
administrative fees.
5.6.4 Where the
employee makes an election to salary package the following payments made by the
employer in relation to an employee shall be calculated by reference to the
annual salary which the employee would have been entitled to receive but for
the salary packaging arrangement:
5.6.4.1 Superannuation
Guarantee Contributions;
5.6.4.2 any
salary-related payment including but not limited to allowances and workers
compensation payments; and
5.6.4.3 payments
made in relation to accrued leave paid on termination of the employee’s
employment or on the death of the employee.
6. Conditions of
Employment
6.1 The provisions
of this award prevail over any award, industrial agreement, public sector
agreement, determination under the Teaching Service Act 1980 or the Public
Sector Workforce Office or award of the Industrial Relations Commission which
deal with the same matters in so far as they purport to apply to a chief
education officer bound by this award.
6.2 Chief education
officers will have access to working hours consistent with the flexible working
hours conditions afforded Senior Officers, subject to operational requirements
and departmental convenience.
6.3 Deduction of
Association Membership Fees.
6.3.1 The ISEA shall
provide the employer with a schedule setting out ISEA fortnightly membership
fees payable by members of the ISEA in accordance with ISEA’s rules.
6.3.2 The ISEA shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of ISEA fortnightly membership fees payable shall be provided to
the employer at least one month in advance of the variation taking effect.
6.3.3 Subject to 6.3.1
and 6.3.2 above, the Department shall deduct ISEA fortnightly membership fees
from the pay of any employee who is a member of the ISEA in accordance with the
ISEA’S rules, provided that the employee has authorised the Department to make
such deductions.
6.3.4 Monies so
deducted from employees’ pay will be forwarded regularly to the ISEA together
with all necessary information to enable the ISEA to reconcile and credit subscriptions
to employees’ ISEA membership accounts.
6.3.5 Unless other
arrangements are agreed to by the Department and the ISEA, all ISEA membership
fees shall be deducted on a fortnightly basis.
6.3.6 Where an
employee has already authorised the deduction of ISEA membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
7. Recreation Leave
7.1 Chief education
officers are entitled to four weeks recreation leave per annum.
7.2 Recreation
leave will be taken at a time and for a period agreed between the chief
education officer and the supervisor.
7.3 Payment will be
made at the chief education officer’s salary rate at that time.
8. Deferred Salary
Scheme
8.1 The
Department’s deferred salary scheme provides chief education officers with an
opportunity to take a year away from work for professional development and
other experience such as industry experience, post graduate study, working in
overseas education and training systems or other activities.
8.2 Under the
deferred salary scheme, chief education officers are able to defer 20 per cent
of their salary for the first four years and be paid the deferred salary in the
fifth year whilst on leave.
9. Performance
Management and Professional Development
9.1 The performance
of chief education officers will be reviewed in accordance with the DEC performance management and development
scheme.
9.2 The parties
confirm a commitment to professional and career training and development for
chief education officers and to their obligation to maintain and update their
professional skills for the benefit of students, staff and the Department.
9.3 The Department
is committed to providing access to and support for professional, management
development and technological training, and to enhance the career mobility of
chief education officers.
9.4 Where the chief
education officer is required to undertake a professional development activity
by the Department, the compulsory fees involved will be met by the Department.
Where the professional development activity is voluntary, the Department may,
at its discretion, refund all or part of the compulsory fees incurred by chief
education officers approved to undertake such training and professional
development programs.
10. Mobility
Provisions
10.1 The parties
agree to develop and implement strategies to enhance the mobility between chief
education officers and senior administrators in the Department.
11. Technological
Change
11.1 The ISEA agrees
to support the implementation of the Department’s Technology Strategy.
11.2 The Department
will assist chief education officers in meeting the demands of the Department’s
technology strategy by providing access to equipment and professional
development opportunities designed to increase chief education officers’
efficiency and productivity.
12. Dispute Resolution
Procedures
12.1 Subject to the
provisions of the Industrial Relations Act 1996, should any dispute (including
a question or difficulty) about an industrial matter arise, then the following
procedure shall apply.
12.1.1 Should any
dispute, question or difficulty arise as to matters occurring in a particular
workplace, then the chief education officer will raise the dispute, question or
difficulty with the supervisor as soon as practicable.
12.1.2 The supervisor
will discuss the matter with the chief education officer within two working
days with a view to resolving the dispute, question or difficulty or by
negotiating an agreed method and timeframe for proceeding.
12.1.3 Should the above
procedure be unsuccessful in producing a resolution of the dispute, question or
difficulty or should the matter be of a nature which involves multiple
workplaces, then the chief education officer may raise the matter with an
appropriate officer of the Department with a view to resolving the dispute,
question or difficulty or negotiating an agreed method and timeframe for
proceeding.
12.1.4 Where the
procedures in paragraph 12.1.3 of this subclause do not lead to resolution of
the dispute, question or difficulty, the matter will be referred to the Deputy
Secretary and the Secretary of the ISEA.
They or their nominees will discuss the dispute, question or difficulty
within five working days with a view to resolving the matter by negotiating an
agreed method and timeframe for proceeding.
12.1.5 Should the above
procedures not lead to resolution then either party may make application to the
Industrial Relations Commission of New South Wales.
13. Duties as Directed
13.1 The Secretary,
delegate, nominee or representative may direct a chief education officer to carry
out such duties as are within the limits of the chief education officer’s
skills, competence and training, provided that such duties do not promote
deskilling.
13.2 The Secretary
may determine the location at which such duties will be carried out.
13.3 Any direction
issued by the Secretary pursuant to subclauses 13.1 and 13.2 of this clause
shall be consistent with the Secretary’s responsibility to provide a safe,
healthy working environment.
14. Redeployment
14.1 To allow greater
flexibility to place a permanent chief education officer displaced through
organisational change or the regrading of a position, the parties agree,
subject to personal and geographic considerations, to place the chief education
officer in:
14.1.1 another non
school-based position under the Act of annual salary level for which the
officer is qualified; or
14.1.2 an appropriate
school-based position having regard to the chief education officer’s salary,
experience and background.
14.2 In implementing
paragraph 14.1.2 of subclause 14.1 of this clause, the Department will take
into account the experience of the chief education officer in both school-based
and non-school based positions, the salary level of the chief education officer
and the salary levels and locations of appropriate vacant school based
positions, including executive positions.
15. Right of Return of
Permanent Officers Temporarily Appointed to Chief Education Officer Positions
15.1 A permanent
officer of the Department temporarily appointed to a chief education officer
position for a period not exceeding twelve consecutive months will have right
of return to their substantive position in the Department at the conclusion of
the temporary appointment.
15.2 A permanent
officer of the Department temporarily appointed to or acting in a chief
education officer position for a period exceeding 12 consecutive months will
have right of return to a position of equivalent salary and status as the
substantive position occupied prior to the temporary appointment or acting
arrangement.
16. No Further Claims
16.1 Except as
provided by the Industrial Relations Act 1996, prior to 31 December 2016, there
shall be no further claims by the parties to this award for changes to
salaries, rates of pay, allowances or conditions of employment in relation to
matters expressly contained in this Award.
17.
Anti-Discrimination
17.1 It is the
intention of the parties bound by this award to seek to achieve the object in section
3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
17.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed in clause 12, 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.
17.3 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.
17.4 Nothing in this
clause is to be taken to affect:
any conduct or act which is specifically exempted from
anti-discrimination legislation;
offering or providing junior rates of pay to persons
under 21 years of age;
any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination Act
1977, or
a party to this award from pursuing matters of unlawful
discrimination in any state or federal jurisdiction.
17.5 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.
18. Work, Health and
Safety
18.1 For the purposes
of this subclause, the following definitions shall apply:
18.1.1
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
18.1.2 A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer's own employees.
18.2 Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer's premises shall do the following (either directly,
or through the agency of the labour hire or contract business):
18.2.1 consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
18.2.2 provide employees
of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
18.2.3 provide employees
of the labour hire business and/or contract business with appropriate personal
protective equipment and/or clothing and all safe work method statements that
they would otherwise supply to their own employees; and
18.2.4 ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
18.3 Nothing in this
subclause (a) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and
Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act
1998.
19. Area, Incidence
and Duration
19.1 This award
covers all chief education officers employed by the Department under the Act.
19.2 This award is
made following a review under section 19 of the Industrial Relations Act
1996.
19.3 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 IG 359) take effect on and from 27 October 2015.
19.4 This award shall
commence on and from 1 January 2014 and remains in force until 31 December
2016.
PART B
MONETARY RATES
Table 1 - Salary Scale
Chief
|
Salary from first
|
Salary from first
|
Salary from first
|
Education
|
pay period on
|
pay period on
|
pay period on
|
Officer
|
or after 1.1.2014
|
or after 1.1.2015
|
or after 1.1.2016
|
|
$
|
$
|
$
|
Increase
|
2.27%
|
2.25%
|
2.5%
|
Level 3
|
156,992
|
160,524
|
164,537
|
Level 2
|
150,526
|
153,913
|
157,761
|
Level 1
|
139,748
|
142,892
|
146,464
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.