Crown
Employees (Parliamentary Electorate Officers) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 216 of 2012)
|
Before The Honourable
Mr Justice Staff
|
4 April 2012
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Parties
4. Salaries
5. All
Incidence of Employment Allowance
6. Commencing
Salaries
7. Higher Duties
Allowance
8. Saving of
Rights
9. Hours of
Work
10. Lactation
Breaks
11. Overtime
12. Relief
Arrangements
13. Training
14. Recreation
Leave
15. Annual
Leave Loading
16. Purchased
Leave
17. Sick Leave
18. Parental
Leave
19. Family and
Community Service Leave, Personal/Carer’s Leave and Flexible Use of Other Leave
Entitlements
19A. Leave for
Matters Arising from Domestic Violence
20. Termination
of Employment
21. Separation
from Service Provisions
22. Public
Sector Appeals
23. Consultative
Committee
24. Grievance
and Dispute Handling Procedures
25. Deduction
of Union Membership Fees
26. Anti
Discrimination
27. Secure
Employment
28. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Remuneration
Table 3 - Other Rates and Allowances
2. Definitions
"Act" means the Industrial Relations Act
1996.
"Award" means an enterprise award or an
industrial award under the former Act.
"Association" means the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
"Clerk" means the Clerk of The Legislative
Assembly of The Parliament of New South Wales.
"Commission" means the Industrial Relations
Commission of New South Wales.
"Domestic Violence" means domestic violence
as defined in the Crimes (Domestic and Personal Violence) Act 2007.
"Legislature" means The Legislative Assembly
of The Parliament of New South Wales.
"Member" means a person who is an elected
member of the Legislative Assembly of The Parliament of New South Wales.
"Officer" means and includes all persons
employed by the Speaker of the Legislative Assembly of The Parliament of New
South Wales as an Electorate Officer or Research Assistant to an Independent
Member.
"Speaker" means The Speaker of The
Legislative Assembly of The Parliament of New South Wales.
3. Parties
3.1 The parties to
the award are
(a) The Speaker of
the Legislative Assembly of the Parliament of New South Wales, and
(b) The Public Service
Association and Professional Officers Association Amalgamated Union of New
South Wales.
4. Salaries
4.1 Electorate
Officers shall be paid the annual salary rates set out in Table 1 - Salaries,
of Part B, Monetary Rates.
4.2 Special Salary
Scale
Provided that, where a Member certifies in writing that
an Electorate Officer Grade 1 performs under limited, or no supervision and in
an on-going manner, the following duties for a majority of time:
research work; and
speech writing; and
interviewing constituents; and
preparing non-routine correspondence
Such Electorate Officer may be appointed, or promoted,
by the Member, to the special salary scale as set out in the said Table 1 of
Part B.
Progression through the special salary is dependent
upon the Electorate Officer Grade 1 continuing to perform such duties for a
majority of the officer's time. If any
Electorate Officer Grade 1 ceases to perform the required duties, or performs
them for a lesser time, consideration may be given by the Member to reducing
the salary to the level appropriate to the work performed, or to retaining the
Electorate Officer Grade 1 on his or her current salary.
4.3 Research
Assistants shall be paid the annual remuneration rates set out in Table 2 - Remuneration
of Part B, Monetary Rates.
Independent Members of the Legislative Assembly are
entitled to an additional position of Research Assistant - the remuneration in
Table 2 of Part B is remuneration for all incidence of employment including any
additional hours of worked outside the standard office hours.
5. All Incidence of
Employment Allowance
5.1 In addition to
the salary payable in clause 3, Salaries of this award, officers will be
entitled to an allowance on the following scale.
(a) Electorate
Officer Grade 1 - an amount per annum as set out in Item 1 of Table 3- Other
Rates and Allowances, of Part B, Monetary Rates.
(b) Electorate
Officer Grade 1 Special Salary Scale - an amount per annum as set out in Item 2
of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates.
(c) Electorate
Officer Grade 2 - an amount per annum as set out in Item 3 of Table 3 - Other
Rates and Allowances, of Part B, Monetary Rates.
5.2 The All
Incidence of Employment Allowance is defined as salary for superannuation and
leave purposes.
5.3 The All
Incidence of Employment Allowance shall be regarded a salary for the purpose of
the application of salary movements.
6. Commencing
Salaries
6.1 Electorate
Officer Grade 1
(a) The Clerk may
consider a commencement rate at any salary point in the Electorate Officer
Grade 1 scale depending on the person’s qualifications, skills, knowledge and
experience, and will progress to the next rate on the anniversary date of
appointment.
(b) A person with a
university degree with at least one year office experience or a person with
four years or more office experience will commence on Year 7 of the scale for
Electorate Officer Grade 1.
6.2 Electorate
Officer Grade 2
(a) From the date of
the commencement of this award, persons appointed as Electorate Officers Grade
2 will commence on the Year 1 rate and will progress to the next rate on the
anniversary date of appointment.
(b) A commencement
rate above the Year 1 rate will be considered in the following circumstances:
(i) Persons
appointed as Electorate Officers Grade 2 can commence on the Year 2 or Year 3
rate if they have formal post-secondary secretarial or office management
qualifications (minimum course duration of 12 months equivalent full time)
together with a minimum three years or four years (equivalent full time) in a
secretarial/office administrator role; or
(ii) The Clerk may
consider a commencement rate above the Year 1 rate depending on the person’s
qualifications, skills, knowledge and experience.
(c) Electorate
Officers Grade 2 employed at the date of the commencement of this award will
continue to be paid at their current pay rates and will progress to the next
rate on their anniversary date of appointment.
7. Higher Duties
Allowance
7.1 An Electorate
Officer Grade 1 who acts in a position of Electorate Officer Grade 2 for 1
working day or more and who, in the opinion of the Member, assumes the whole of
the responsibilities of that position during that period shall be paid by
allowance any difference between the officer's present salary and the salary to
which the officer would be entitled if appointed to that position.
Higher duties will be paid where the absence of the
Electorate Officer Grade 2 is due to approved leave. No relief will be paid during an officer’s travel to Parliament
House for training or familiarisation with the organisation and the officer is
otherwise considered on duty.
7.2 Where a public
holiday falls at the beginning of a period of relief it will not be paid. Where the period of relief is less than 5
days and a public holiday is at the end of the relief period the allowance will
not be paid for the public holiday.
Where the period of relief is 5 days or more and a public holiday falls
at the end of the relief period and on or before the Friday of the week relief
is being worked the allowance will be paid for the public holiday.
7.3 However, where
an officer has an absence of 5 days or more during a period of relief,
including public holidays or any other form of approved leave, higher duties
allowance will not be paid for that period of absence.
7.4 Officers who
have acted for 12 months or more in the same higher graded position and who
continue to act in that position are eligible for payment of higher duties
allowance for any recreation, extended, sick or family and community leave
which is taken during the further period of relief after 12 months.
7.5 Officers who at
the date of the commencement of this award were eligible for higher duties
allowance to the Year 3 rate will continue to receive the allowance to the Year
3 rate of the Electorate Officer Grade 2 salary scale.
8. Saving of Rights
8.1 At the time of
making of this award, no officer covered by this award will suffer a reduction
in his or her rate of pay.
8.2 The Association
and Legislature intends that, should there be any variation to the Crown
Employees (Public Sector - Salaries 2008) Award or an award replacing that award,
officers covered by this award will maintain the same salary and allowance
relationship to the rest of the public service.
The Association and Legislature intend that any such
salary or allowance increase will be reflected in this award either by variation
to it, or by the making of a new award.
9. Hours of Work
9.1 The ordinary
hours of work shall be 9:00a.m. to 5:00p.m., Monday to Friday, regardless of
whether duties are performed at the electorate office or Parliament House, with
one hour for lunch. Flexible working
hours will not apply.
9.2 The Member may
require an officer to perform duty beyond the hours determined under subclause
(a) of this clause but only if it is reasonable for the officer to be required
to do so. An officer may refuse to work
additional hours in circumstances where the working of such hours would result
in the officer working unreasonable hours.
In determining what is unreasonable the following factors shall be taken
into account:
(a) the officer’s
prior commitments outside the workplace, particularly the officer’s family and
carer responsibilities, community obligations or study arrangements,
(b) any risk to the
officer’s health and safety,
(c) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
(d) the notice (if
any) given by the Member regarding the working of the additional hours, and by
the officer of their intention to refuse the working of additional hours, or
(e) any other
relevant matter.
10. Lactation Breaks
10.1 This clause
applies to officers who are lactating mothers.
A lactation break is provided for breastfeeding, expressing milk or
other activity necessary to the act of breastfeeding or expressing milk and is
in addition to any other rest period and meal break as provided for in this
award.
10.2 A full time
officer or a part time officer working more than 4 hours per day is entitled to
a maximum of two paid lactation breaks of up to 30 minutes each per day.
10.3 A part time
officer working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
10.4 A flexible
approach to lactation breaks can be taken by mutual agreement between an
officer and their manager provided the total lactation break time entitlement
is not exceeded. When giving
consideration to any such requests for flexibility, a manager needs to balance
the operational requirements of the organisation with the lactating needs of
the officer.
10.5 The Clerk shall
provide access to a suitable, private space with comfortable seating for the
purpose of breastfeeding or expressing milk.
10.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not
practicable to provide these facilities, discussions between the manager and
officer will take place to attempt to identify reasonable alternative
arrangements for the officer’s lactation needs.
10.7 Officers
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
10.8 Officers needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise sick leave in accordance with clause 17, Sick Leave of this award,
or access to the make up time provisions in clause 19, Family and Community
Service Leave, Personal/Carer’s Leave and Flexible Use of Other Leave
Entitlements of this award, where applicable.
11. Overtime
The remuneration prescribed in this award includes
payment for all incidents of work including overtime. Work will not be conducted on weekends or public holidays without
reasonable prior consultation with the officer or the Association.
12. Relief
Arrangements
12.1 Where an
Electorate Officer is absent for one working day or longer on approved leave
(including where an Electorate Officer Grade 1 relieves in a position of
Electorate Officer Grade 2), relief may be engaged by the Member subject to the
following conditions:
(a) Members are
responsible for the selection of relief staff;
(b) No relief may be
engaged while staff are attending word processing or other training courses or
in instances where staff travel to Sydney for familiarisation with
parliamentary business and;
(c) Relief staff are
paid a daily rate for the number of days worked, calculated by dividing the
annual salary for Electorate Officer Grade 1 or 2, by 260.8929 including 1/12th
of total earnings on termination;
(d) Relief staff are
not entitled to any paid leave during their period of relief.
13. Training
13.1 Training will be
provided to electorate office staff as per the Legislative Assembly Staff Training
and Development Policy subject to the following conditions:
(a) All efforts will
be made to ensure that staff are released from their normal duties to attend
training provided sufficient notice has been given of intention and provided
the relevant authorities have been obtained.
(b) Release to
attend training will be at the discretion of the Member where that discretion
is based on the need to ensure the proper functioning of the electorate office
and maintenance of appropriate levels of service.
(c) Where an
application to attend training has been refused, the officer may utilise the
grievance and dispute resolution procedures contained within this award should
they wish to seek further clarification regarding the reasons for refusal.
(d) No provision of
relief will be provided for training other than those provisions that exist
within the aforementioned policy specifically relating to electorate office
staff.
14. Recreation Leave
14.1 All leave
entitlements for officers will be administered in accordance with the policies
of the NSW Legislative Assembly and the New South Wales Parliament.
14.2 All officers
working under job-share arrangements are eligible to the leave entitlements,
contained within this clause, which will accrue on a pro-rata basis.
14.3 Officers shall be
eligible, after completion of each 12 months of service, to recreation leave in
the following amount:
(a) 4 weeks (accrued
at the rate of 1.66 days per month) in addition to any public holiday occurring
during such period of recreation leave; or
(b) 5 weeks (accrued
at the rate of 2.08 days per month) for officers working in areas designated as
"Western Division".
14.4 An amount of
leave may be taken, on or pro-rata basis, within the first 12 months of service
and during each 12 months of service thereafter, where a sufficient amount of
leave has been accrued up to the date upon which the leave is to be taken.
14.5 Limits on
Accumulation of recreation leave and direction to take leave
(a) At least two (2)
consecutive weeks of recreation leave (or a combination of recreation leave and
public holidays, extended leave or, if the officer elects, leave without pay)
shall be taken by an officer every 12 months for recreation purposes, except by
agreement with the Clerk in special circumstances.
(b) Where the
operational requirements permit, the application for leave shall be dealt with
by the Clerk according to the wishes of the officer.
(c) The Clerk shall notify
the officer in writing when accrued recreation leave reaches 6 weeks or its
hourly equivalent and at the same time may direct an officer to take at least 2
weeks recreation leave within 3 months of the notification.
(d) The Clerk shall
notify the officer in writing when accrued recreation leave reaches 8 weeks or
its hourly equivalent and may direct the officer to take at least 2 weeks
recreation leave within 6 weeks of the notification.
14.6 Conservation of
recreation leave -
(a) If the Clerk is satisfied
that an officer is prevented by operational or personal reasons from taking
sufficient recreation leave to reduce the accrued leave below an acceptable
level of less than 8 weeks, or its hourly equivalent the Clerk shall:
(i) specify in
writing the period of time during which the excess shall be conserved; and
(ii) on the
expiration of the period during which conservation of leave applies, grant
sufficient leave to the officer at a mutually convenient time to enable the
accrued leave to be reduced to an acceptable level below the 8 week level
specified.
(b) The Clerk will
inform an officer in writing on a regular basis of the officer’s recreation
leave accrual.
15. Annual Leave
Loading
15.1 General - Unless
more favourable conditions apply to a staff member under another industrial
instrument, a staff member, other than a trainee who is paid by allowance, is
entitled to be paid an annual leave loading as set out in this
subparagraph. Subject to the provisions
set out in subclauses 14.2 to 14.6 of this clause the annual leave loading
shall be 17½% on the monetary value of up to 4 weeks recreation leave accrued
in a leave year.
15.2 Loading on
additional leave accrued - Where additional leave is accrued by a staff
member:-
(a) as compensation for
work performed regularly on Sundays and/or Public Holidays, the annual leave
loading shall be calculated on the actual leave accrued or on five weeks,
whichever is the higher.
(b) if stationed in
an area of the State of New South Wales which attracts a higher rate of annual
leave accrual, the annual leave loading shall continue to be paid on a maximum
of 4 weeks leave.
15.3 Shift workers -
Shift workers proceeding on recreation leave are eligible to receive the more
favourable of:
(a) the shift premiums
and penalty rates, or any other allowances paid on a regular basis in lieu
thereof, which they would have received had they not been on recreation leave;
or
(b) 17½% annual
leave loading.
15.4 Maximum Loading -
Unless otherwise provided in an Award or Agreement under which the staff member
is paid, the annual leave loading payable shall not exceed the amount which
would have been payable to a staff member in receipt of salary equivalent to
the maximum salary for a Grade 12 Clerk.
15.5 Leave year - For
the calculation of the annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
15.6 Payment of annual
leave loading - Payment of the annual leave loading shall be made on the recreation
leave accrued during the previous leave year and shall be subject to the
following conditions:
(a) annual leave
loading shall be paid on the first occasion in a leave year, other than the
first leave year of employment, when a staff member takes at least two consecutive weeks leave for recreation
purposes. Such leave may be a combination of recreation leave and any of the
following: public holidays, flex leave, extended leave, leave without pay, time
off in lieu, rostered day off.
(b) if at least two
weeks leave as set out in paragraph (a) of this subclause is not taken in a
leave year, then the payment of the annual leave loading entitlement for the
previous leave year shall be made to the staff member as at 30 November of the
current year.
(c) while annual
leave loading shall not be paid in the first leave year of employment, it shall
be paid on the first occasion in the second leave year of employment when at
least two weeks leave, as specified in subparagraph (a) of this subclause is
taken.
(d) a staff member
who has not been paid the annual leave loading for the previous leave year,
shall be paid such annual leave loading on resignation, retirement or
termination by the employer for any reason other than the staff member's
serious and intentional misconduct.
(e) Except in cases
of Voluntary Redundancy, proportionate level loading is not payable on
cessation of employment.
16. Purchased Leave
16.1 An officer may
apply to enter into an agreement with the Clerk to purchase either 10 days (2
weeks) or 20 days (4 weeks) additional leave in a 12 month period.
(a) Each application
will be considered subject to operational requirements and personal needs and
will take into account business needs and work demands.
(b) The leave must
be taken in the 12 month period specified in the Purchased Leave Agreement and
will not attract any leave loading.
(c) The leave will
count as service for all purposes.
16.2 The purchased
leave will be funded through the reduction in the officer’s ordinary rate of pay.
(a) Purchased leave
rate of pay means the rate of pay an officer receives when their ordinary
salary rate has been reduced to cover the cost of purchased leave.
(b) To calculate the
purchased leave rate of pay, the officer’s ordinary salary rate will be reduced by the number of weeks of
purchased leave and then annualised at a pro rata rate over the 12 month
period.
16.3 Purchased leave
is subject to the following provisions:
(a) The purchased
leave cannot be accrued and will be refunded where it has not been taken in the
12 month period.
(b) Other leave
taken during the 12 month purchased leave agreement period i.e. sick leave,
recreation leave, extended leave or leave in lieu will be paid at the purchased
leave rate of pay.
(c) Sick leave cannot
be taken during a period of purchased leave.
(d) The purchased
leave rate of pay will be the salary for all purposes including superannuation
and shift loadings.
(e) Overtime and
salary related allowances not paid during periods of recreation leave will be
calculated using the officer’s hourly rate based on the ordinary rate of pay.
(f) Higher Duties
Allowance will not be paid when a period of purchased leave is taken.
16.4 Specific
conditions governing purchased leave may be amended from time to time by the
Clerk in consultation with the Association.
The Clerk may make adjustments relating to its salary administration
arrangements.
17. Sick Leave
17.1 Sick leave
accrual
(a) At the commencement
of employment with the NSW Legislative Assembly, an officer is granted an
accrual of 5 days sick leave.
(b) After the first
four months of employment, the officer shall accrue sick leave at the rate of
10 working days per year for the balance of the first year of service.
(c) After the first
year of service, the officer shall accrue sick leave day to day at the rate of
15 working days per year of service.
(d) Part time staff
are entitled to sick leave on a pro rata basis to the full time rate.
(e) Existing
officers at the commencement of this award (4 August 2010) will commence
accruing sick leave in accordance with paragraph (c) of this subclause from 1
January 2011.
17.2 Payment for sick
leave is subject to the officer:
(a) Informing their
Member as soon as reasonably practicable that they are unable to perform duty
because of illness. This must be done
as close to the officer’s starting time as possible; and
(b) Providing
evidence of illness as soon as practicable if required by subclause 17.4 of
this clause.
17.3 The Clerk may
direct an officer to participate in a return to work program if the officer has
been absent on a long period of sick leave
17.4 Requirements for
evidence of illness
(a) An officer
absent from duty for more than 2 consecutive working days because of illness
must furnish evidence of illness to the Clerk in respect of the absence.
(b) In addition to
the requirements under subclause 17.2 of this clause an officer may absent
themselves for a total of 5 working days due to illness in a calendar year
without the provision of evidence of illness to the Clerk. Officers who absent
themselves in excess of 5 working days in a calendar year may be required to
furnish evidence of illness to the Clerk for each occasion absent for the
balance of the calendar year
(c) As a general
practice backdated medical certificates will not be accepted. However, if an officer provides evidence of
illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the Clerk is satisfied that the reason for
the absence is genuine.
(d) If an officer is
required to provide evidence of illness for an absence of 2 consecutive working
days or less, the Clerk will advise them in advance.
(e) If the Clerk is
concerned about the diagnosis described in the evidence of illness produced by
the officer, after discussion with the officer, the evidence provided and the
officer’s application for leave can be referred to the government's nominated
medical assessor for advice.
(i) The type of
leave granted to the officer will be determined by the Clerk based on the
government's nominated medical assessor's advice.
(ii) If sick leave
is not granted, the Clerk will, as far as practicable, take into account the
wishes of the officer when determining the type of leave granted.
(f) The granting of
paid sick leave shall be subject to the officer providing evidence which
indicates the nature of illness or injury and the estimated duration of the
absence. If an officer is concerned
about disclosing the nature of the illness to the Member they may elect to have
the application for sick leave dealt with confidentially by an alternate
manager or the human resources section of the Legislature.
(g) The Clerk has the
discretion to accept other forms of evidence to satisfy that an officer had a
genuine illness.
18. Parental Leave
18.1 Parental leave
includes maternity, adoption and "other parent" leave.
18.2 Maternity leave
shall apply to an officer who is pregnant and, subject to this clause the
officer shall be entitled to be granted maternity leave as follows:
(a) For a period up
to 9 weeks prior to the expected date of birth; and
(b) For a further
period of up to 12 months after the actual date of birth.
(c) An officer who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
18.3 Adoption leave
shall apply to an officer adopting a child and who will be the primary care
giver, the officer shall be granted adoption leave as follows:
(a) For a period of
up to 12 months if the child has not commenced school at the date of the taking
of custody; or
(b) For such period,
not exceeding 12 months on a full-time basis, as the Clerk may determine, if
the child has commenced school at the date of the taking of custody.
(c) Special Adoption
Leave - An officer shall be entitled to special adoption leave (without pay)
for up to 2 days to attend interviews or examinations for the purposes of adoption.
Special adoption leave may be taken as a charge against recreation leave,
extended leave, flexitime or family and community service leave.
18.4 Where maternity
or adoption leave does not apply, "other parent" leave is available
to male and female staff who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
(a) Short other
parent leave - an unbroken period of up to 8 weeks at the time of the birth of
the child or other termination of the spouse's or partner's pregnancy or, in
the case of adoption, from the date of taking custody of the child or children;
(b) Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the officer as provided for in paragraph 18.4
(a) of this subclause. Extended other parental leave may commence at any time
up to 2 years from the date of birth of the child or the taking of custody of
the child.
18.5 An officer taking
maternity or adoption leave is entitled to payment at the ordinary rate of pay
for a period of up to 14 weeks, an officer entitled to short other parent leave
is entitled to payment at the ordinary rate of pay for a period of up to 1
week, provided the officer:
(a) applied for
parental leave within the time and in the manner determined set out in
subclause 18.10 of this clause; and
(b) prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
(c) Payment for the
maternity, adoption or short other parent leave may be made as follows:
(i) in advance as a
lump sum; or
(ii) fortnightly as
normal; or
(iii) fortnightly at
half pay; or
(iv) a combination
of full‑pay and half pay.
18.6 Payment for
parental leave is at the rate applicable when the leave is taken. An officer
holding a full time position who is on part time leave without pay when they
start parental leave is paid:
(a) at the full time
rate if they began part time leave 40 weeks or less before starting parental
leave;
(b) at the part time
rate if they began part time leave more than 40 weeks before starting parental
leave and have not changed their part time work arrangements for the 40 weeks;
(c) at the rate
based on the average number of weekly hours worked during the 40 week period if
they have been on part time leave for more than 40 weeks but have changed their
part time work arrangements during that period.
18.7 An officer who
commences a subsequent period of maternity or adoption leave for another child
within 24 months of commencing an initial period of maternity or adoption leave
will be paid:
(a) at the rate
(full time or part time) they were paid before commencing the initial leave if
they have not returned to work; or
(b) at a rate based
on the hours worked before the initial leave was taken, where the officer has
returned to work and reduced their hours during the 24 month period; or
(c) at a rate based
on the hours worked prior to the subsequent period of leave where the officer
has not reduced their hours.
18.8 Except as provided
in subclauses 18.5, 18.6 and 18.7 of this clause parental leave shall be
granted without pay.
18.9 Right to request
(a) An officer who
has been granted parental leave in accordance with subclause 18.2, 18.3 or 18.4
of this clause may make a request to the Clerk to:
(i) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(ii) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the officer in reconciling work and parental
responsibilities.
(b) The Clerk shall
consider the request having regard to the officer’s circumstances and, provided
the request is genuinely based on the officer’s parental responsibilities, may
only refuse the request on reasonable grounds related to the effect on the
workplace or the Clerk’s business. Such
grounds might include cost, lack of adequate replacement staff, loss of
efficiency and the impact on customer service.
18.10 Notification
Requirements
(a) When the Clerk
is made aware that an officer or their spouse is pregnant or is adopting a child,
the Clerk must inform the officer of their entitlements and their obligations
under the award.
(b) An officer who
wishes to take parental leave must notify the Clerk in writing at least 8 weeks
(or as soon as practicable) before the expected commencement of parental leave:
(i) that she/he
intends to take parental leave, and
(ii) the expected
date of birth or the expected date of placement, and
(iii) if she/he is
likely to make a request under subclause 18.9 of this clause.
(c) At least 4 weeks
before an officer's expected date of commencing parental leave they must
advise:
(i) the date on
which the parental leave is intended to start, and
(ii) the period of
leave to be taken.
(d) Officer’s
request and the Clerk’s decision to be in writing
The officer’s request under paragraph 18.9(a) and the
Clerk’s decision made under paragraph 18.9(b) must be recorded in writing.
(e) An officer
intending to request to return from parental leave on a part time basis or seek
an additional period of leave of up to 12 months must notify the Clerk in writing as soon as practicable and
preferably before beginning parental leave. If the notification is not given
before commencing such leave, it may be given at any time up to 4 weeks before
the proposed return on a part time basis, or later if the Clerk agrees.
(f) An officer on
maternity leave is to notify the Clerk of the date on which she gave birth as
soon as she can conveniently do so.
(g) An officer must
notify the Clerk as soon as practicable of any change in her intentions as a
result of premature delivery or miscarriage.
(h) An officer on
maternity or adoption leave may change the period of leave or arrangement, once
without the consent of the Clerk and any number of times with the consent of
the Clerk. In each case she/he must give the Clerk at least 14 days notice of
the change unless the Clerk decides otherwise.
18.11 An officer has
the right to her/his former position if she/he has taken approved leave or part
time work in accordance with subclause 18.9 of this clause, and she/he resumes
duty immediately after the approved leave or work on a part time basis.
18.12 If the position
occupied by the officer immediately prior to the taking of parental leave has
ceased to exist, but there are other positions available that the officer is
qualified for and is capable of performing, the officer shall be appointed to a
position of the same grade and classification as the officer’s former position.
18.13 An officer does not
have a right to her/his former position during a period of return to work on a
part time basis. If the Clerk approves a return to work on a part time basis
then the position occupied is to be at the same classification and grade as the
former position.
18.14 An officer who
has returned to full time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert back to such leave. This may
be done once only, and a minimum of 4 weeks notice (or less if acceptable to the
Clerk) must be given.
18.15 An officer who is
sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. An officer may apply
for accrued recreation leave, extended leave or leave without pay before taking
maternity leave. Any leave taken before maternity leave, ceases at the end of
the working day immediately preceding the day she starts her nominated period
of maternity leave or on the working day immediately preceding the date of birth
of the child, whichever is sooner.
18.16 An officer may
elect to take available recreation leave or extended leave within the period of
parental leave provided this does not extend the total period of such leave.
18.17 An officer may
elect to take available recreation leave at half pay in conjunction with
parental leave provided that:
(a) accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave;
(b) the total period
of parental leave is not extended by the taking of recreation leave at half
pay;
(c) when calculating
other leave accruing during the period of recreation leave at half pay, the
recreation leave at half pay shall be converted to the full time equivalent and
treated as full pay leave for accrual of further recreation, extended and other
leave at the full time rate.
18.18 If, for any
reason, a pregnant officer is having difficulty in performing her normal duties
or there is a risk to her health or to that of her unborn child the Clerk
should, in consultation with the officer, take all reasonable measures to
arrange for safer alternative duties. This may include, but is not limited to
greater flexibility in when and where duties are carried out, a temporary
change in duties, retraining, multi-skilling, teleworking and job redesign.
18.19 If such
adjustments cannot reasonably be made, the Clerk must grant the officer
maternity leave, or any available sick leave, for as long as it is necessary to
avoid exposure to that risk as certified by a medical practitioner, or until
the child is born which ever is the earlier.
18.20 Communication
during parental leave
(a) Where an officer
is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the Clerk shall take reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the officer held
before commencing parental leave; and
(ii) provide an opportunity
for the officer to discuss any significant effect the change will have on the
status or responsibility level of the position the officer held before
commencing parental leave.
(b) The officer
shall take reasonable steps to inform the Clerk about any significant matter
that will affect the officer’s decision regarding the duration of parental
leave to be taken, whether the officer intends to return to work and whether
the officer intends to request to return to work on a part time basis.
(c) The officer
shall also notify the Clerk of changes of address or other contact details
which might affect the Clerk’s capacity to comply with paragraph 18.20(a) of
this subclause.
19. Family and
Community Service Leave, Personal/Carer’s Leave and Flexible Use of Other Leave
Entitlements
19.1 Definitions
The definition of "family" and
"relative" for these purposes is the same as that provided in the
Standard Clause of the State Personal/Carer's Leave Case (30 August 1996). The person who needs the officer's care and
support is referred to as the "person concerned" and is:
(a) a spouse of the
officer; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the officer or of the spouse or de facto
spouse of the officer; or
(d) a same sex
partner who lives with the officer as the de facto partner of that officer on a
bona fide domestic basis; or
(e) a relative of
the officer who is a member of the same household, where for the purposes of
this paragraph:
(i) 'relative'
means a person related to blood, marriage or affinity;
(ii) 'affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(iii) 'household'
means a family group living in the same domestic dwelling.
19.2 Family and
Community Service Leave - general
(a) The Clerk shall grant
to an officer some or all, of their accrued family and community service leave
on full pay, for reasons relating to unplanned and emergency family
responsibilities in subclause 19.3 of this clause. The Clerk may also grant leave for the purpose s in subclause
19.4 of this clause. Non-emergency
appointments or duties shall be scheduled or performed outside of normal
working hours or through the approved use of flexible working arrangements or
other appropriate leave.
(b) Family and
Community Service Leave replaces Short Leave.
19.3 Such unplanned
and emergency situations may include, but no limited to the following:-
(a) Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the officer’s household;
(b) Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
(c) Emergency or
weather conditions; such as when flood, fire, snow or disruption to utility
services etc, threatens an officer’s property and/or prevents an officer from
reporting for duty;
(d) Attending to
unplanned or unforseen family responsibilities, such as attending child’s
school for emergency reason or emergency cancellation by child care providers;
(e) Attendance at
court by an officer to answer a charge of criminal offence, only if the Clerk
considers the granting of family and community service leave to be appropriate
in a particular case.
19.4 Family and Community
Service Leave may also be granted for:
(a) An absence
during normal working hours to attend meetings, conferences or to perform other
duties, for officers holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the officer does not hold the position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
(b) Attendance as a
competitor in a major amateur sport (other than Olympic or Commonwealth Games)
for officers who are selected to represent Australia or the State.
19.5 Family and
Community Service Leave - entitlement.
(a) Family and
community service leave shall accrue as follows:
(i) two and a half days
in the staff member's first year of service;
(ii) two and a half
days in the staff member's second year of service; and
(iii) one day per
year thereafter.
(b) If available
family and community service leave is exhausted as a result of natural disasters,
the Clerk shall consider applications for additional family and community
service leave, if some other emergency arises.
(c) If available
family and community service leave is exhausted, on the death of a family
member or relative, additional paid family and community service leave of up to
2 days may be granted on a discrete, per occasion basis to a staff member.
(d) The Clerk may
also grant staff members other forms of leave such as accrued recreation leave,
time off in lieu, flex leave and so on for family and community service leave
purposes.
19.6 Use of sick leave
to care for a sick dependant - general
When family and community service leave is exhausted or
unavailable, the sick leave provisions under subclause 19.7 of this clause may
be used by an officer to care for a sick dependant.
19.7 Use of sick leave
to care for a sick dependant - entitlement
(a) The entitlement
to use sick leave in accordance with this clause is subject to:
(i) the officer
being responsible for the care and support of the person concerned, and
(ii) the person
concerned being as defined in subclause 19.1 of this clause.
(b) An officer with
responsibilities in relation to a person who needs their care and support shall
be entitled to use sick leave available from that year's annual sick leave
entitlement minus any sick leave taken from that year's entitlement to provide
care and support for such persons when they are ill.
(c) Sick leave
accumulates from year to year. In
addition to the current year's grant of sick leave available under paragraph
(b) of this subclause, sick leave accrued from the previous 3 years may also be
accessed by an officer with responsibilities in relation to a person who needs
their care and support.
(d) The Clerk may, in
special circumstances, make a grant of additional sick leave. This grant can only be taken from sick leave
accrued prior to the period referred to in paragraph (c) of this subclause.
(e) The Electoral
officer shall, if required, establish either by production of a medical
certificate or statutory declaration, the illness of the person concerned and
that the illness is such to require care by another person.
(f) The officer has
the right to choose the method by which the ground for leave is established,
that is, by production of either a medical certificate or statutory
declaration.
(g) The officer
shall, wherever practicable, give the Member notice prior to the absence of the
intention to take leave, the name of the person requiring care and that person's
relationship to the officer, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the officer to give prior notice of absence, the officer
shall notify the Member by telephone of such absence at the first opportunity
on the day of absence.
(h) In normal
circumstances, the officer must not take leave under this subclause where
another person has taken leave to care for the same person.
19.8 Time Off in Lieu
of Payment for Overtime
There is no provision for time off in lieu of overtime
as clauses 5, All Incidence of Employment Allowance, and clause 11, Overtime,
replace payment for overtime with an annual allowance prescribed in this award.
19.9 Use of make-up
time
(a) An officer may
elect, with the consent of the employer, to work "make-up time". "Make-up time" is worked when the
officer takes time off during ordinary hours for family or community service
responsibilities, and works those hours at a later time, during the spread of
ordinary hours, at the ordinary rate of pay.
(b) An officer on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the officer takes time off during ordinary hours for
family or community service responsibilities and works those hours at a later
time) at the shift work rate which would have been applicable to the hours
taken off.
19.10 Use of other
leave entitlements
The Clerk may grant an officer other leave entitlements
for reasons related to family responsibilities, or community service by, the
officer. An officer may elect, with the
consent of the Clerk, to take:
(a) recreation
leave;
(b) extended leave;
and
(c) leave without
pay.
19.11 Grievance and
dispute handling process
In the event of any grievance or dispute arising in
connection with any part of the provisions of this determination, such a
grievance or dispute shall be processed in accordance with the grievance and
dispute handling provisions of this award.
19A. Leave for
Matters Arising from Domestic Violence
(a) The definition
of domestic violence is found in clause 2, Definitions, of this award;
(b) Leave
entitlements provided for in clause 17 Sick Leave and clause 19 Family and
Community Service Leave, Personal/Carers Leave and Flexible Use of Other Leave
Entitlements, may be used by officers experiencing domestic violence;
(c) Where the leave
entitlements referred to in subclause 19A (b) are exhausted, the Speaker shall
grant up to five days Special Leave, per calendar year, to be used for absences
from the workplace to attend to matters arising from domestic violence
situations;
(d) The Speaker will
need to be satisfied, on reasonable grounds, that domestic violence has
occurred and may require proof presented in the form of an agreed document
issued by the Police Force, a Court, a Doctor, a Domestic Violence Support
Service or Lawyer;
(e) Personal
information concerning domestic violence will be kept confidential by the
agency;
(f) The Speaker,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working times and changes to
work location, telephone number and email address.
20. Termination of
Employment
20.1 Electorate Office
staff are employed by the Clerk of the Legislative Assembly.
20.2 An officer's
services may be terminated by the giving of 2 weeks notice by either the Clerk,
being the employer, or the individual officer or upon the end of the term of
office of the Member for whom the officer works.
20.3 Termination of
service other than by way of resignation or voluntary withdrawal of service may
only be made by the Clerk of the Legislative Assembly.
21. Separation from
Service Provisions
21.1 At general election
time, or upon a seat in the Legislative Assembly becoming vacant for any
reason, every endeavour will be made to retain the services of currently
employed officers having regard to the wishes of each incoming Member.
21.2 Where an
officer's services are terminated (other than at the officer's own request or
where the officer is found guilty of a breach of discipline), the following
termination arrangements are to apply:
(a) Basis of
entitlement
Officers whose services are terminated in circumstances
where the relevant Member of the Legislative Assembly has ceased to hold office
for any reason and provided that:
(i) the officer
continues to work at the existing location and the incoming Member notifies the
Clerk of the Legislative Assembly, within three months of the declaration of
the poll, of his/her intention not to continue with the existing staffing
arrangements, or
(ii) the officer
continues to work for the incoming Member and,
(1) after the
expiration of two months and before the expiration of the third month from the
date of the declaration of the poll, and
(2) to that date the
member has not given to the officer/s a clear indication regarding an offer to
continue employment, and
(3) the officer
identifies that they can no longer continue with the existing arrangements, and that they notify the Clerk of the
Legislative Assembly of this, they shall be entitled to separation payments as
provided in paragraph (b) of this subclause, however,
(iii) Should an
offer of employment be made and the officer declines to accept the offer on
grounds other than those identified above and this voluntary withdrawal of
service is either before the third month or after the third month, it shall be
treated as voluntary resignation and so not attract an entitlement to payment
of the separation provisions.
(b) Separation
payments
(i) Officers whose
employment is terminated under paragraph (a) of this subclause will be entitled
to termination payments and non-monetary support programs as agreed between the
parties in the Electorate Officers Entitlements on Termination of Employment
Agreement and the guidelines and policies of the Parliament of New South Wales.
(c) Exclusions
Excluded from entitlement to separation payments are:
(i) Relief Electorate
Officers;
(ii) Officers on
workers' compensation whose claim is based on compensation for termination or
officers awaiting determination of claims against the employer for termination
of services;
(iii) Officers
subject to termination on the grounds of misconduct or unsatisfactory services;
(iv) Officers who
resign for any reason other than in circumstances envisaged in subparagraphs
(a)(i) or (a)(ii) of this subclause;
(v) Officers whose
appointments were facilitated by way of leave without pay from the Public
Service (on the basis that they will return to employment in the Public Service
upon displacement).
(d) Repayment of
separation monies
(i) Officers who
have received payment of monies in consideration of separation from the
service, do so on the understanding that they are liable to reimburse the
employer, being the Clerk of the N.S.W. Legislative Assembly, all or part
thereof (on a pro-rata basis) any sum paid where they are reappointed to
another position as an officer under this award or to any other position in
Crown employment.
(e) Superannuation
Fund entitlements
The Fund entitlements for contributors under paragraph
(b) of this subclause will be as follows:
(i) Officers who
are contributors to either the State Authorities Superannuation Scheme (SASS)
or the State Superannuation Fund (SSF) who are eligible for separation payments
in accordance with subclause (b) shall be regarded as having been retrenched,
as defined in the State Authorities Superannuation Act 1987, for the
purpose of determining their entitlements to benefits under those schemes.
(ii) Officers who
are contributors to either of those schemes who are not eligible for separation
payments in accordance with paragraph (b) of this subclause shall be regarded
as having resigned for the purpose of determining their entitlements benefits
under those schemes.
22. Public Sector
Appeals
Notwithstanding anything contained in this award, the
provisions of Part 7 Public Sector Promotion and Disciplinary Appeals of the Industrial
Relations Act 1996 shall continue to apply.
23. Consultative
Committee
23.1 An Electorate
Officers joint consultative committee shall be established to monitor the
implementation of this Award and make recommendations to the Clerk on any changes
to the Award that may be thought appropriate during its period of
operation. Any variation/s approved by
the Clerk shall be processed in accordance with the relevant legislation
applying at the time the variation is sought.
23.2 The Committee shall
consist of a representative of the Clerk and a representative of the
Association, the latter chosen at the Association's discretion. In addition, no more than 4 staff
representatives nominated by the Association may be co-opted onto the
consultative committee. A
representative of the Department of Premier and Cabinet may be co-opted to
assist the Committee as required.
24. Grievance and
Dispute Handling Procedures
24.1 It is agreed
between the parties that, wherever possible, informal means will be used to
resolve any industrial dispute.
24.2 Should a dispute
arise, in the first instance, the officer(s) will notify (in writing or
otherwise) the Member, or other appropriate person, as to the substance of the
grievance/dispute, request a bilateral meeting to discuss it, and state the
remedy sought. A meeting should be held
within 1 week of notification.
24.3 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 officer to advise the Member
the notification may occur to the next appropriate level of management,
including where required, to the Clerk or appointed deputy.
24.4 If the matter is
not resolved in this meeting, the matter shall be further discussed by the
officer(s), and, at their request, the workplace delegate, or other appropriate
person, the Member and/or where practicable, a senior officer of the
Legislative Assembly. This should take
place within 1 week of the completion of the step in subclause 24.2.
24.5 If the matter
remains unresolved, the matter shall be further discussed by the officer(s),
and, at their request, the workplace delegate, or other appropriate person, the
Member and/or a more senior management representative. This should take place within 1 week of the
completion of step (c) where possible or advice given to the time frame
required to arrange a meeting.
24.6 If the matter
remains unresolved and the officer(s) is/are union member(s), it should be
discussed/negotiated between representatives of the Association and the Clerk
or the Speaker (or both) of the Legislative Assembly. If the officer is not a member of the union they may nominate a
person to act on their behalf. These
actions should take place as soon as it is apparent that the earlier
discussions will not resolve the grievance/dispute. In addition, in the case of a grievance, if the matter has not
been resolved at the conclusion of this stage of discussions, the employer must
provide a written response to the grievance, including reasons for not
implementing any proposed remedy.
24.7 A matter relating
to the conditions of employment fixed by this Award may be submitted by one or
the other of the parties when all other steps have been exhausted in subclauses
24.1 to 24.6 of this clause, to the NSW Industrial Relations Commission which
may exercise its functions under the Industrial Relations Act 1996.
24.8 Where the issue
in dispute relates to a change of a work or management practice, the
pre-existing practice shall be allowed to continue until the issue has been
finally resolved. Neither party shall
be prejudiced as to the final settlement by the continuance of work in
accordance with this sub-clause.
25. Deduction of
Union Membership Fees
25.1 The Association
shall provide the Clerk with a schedule setting out Association fortnightly
membership fees payable by members of the Association in accordance with the
Association's rules.
25.2 The Association shall
advise the Clerk of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of Association fortnightly membership fees payable shall be
provided to the Clerk at least one month in advance of the variation taking
effect.
25.3 Subject to
subclauses 25.1 and 25.2 of this clause, the Clerk shall deduct Association
fortnightly membership fees from the salary of any officer who is a member of
the Association in accordance with the Association's rules, provided that the
officer has authorized the Clerk to make such deductions.
25.4 Monies so
deducted from officers' salary shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to officers' Association membership accounts.
25.5 Unless other
arrangements are agreed to by the Clerk and the Association, all Association
membership fees shall be deducted on a fortnightly basis.
25.6 Where an officer
has already authorized the deduction of Association membership fees from his or
her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the officer to make a fresh authorization in order for such
deductions to continue.
26. Anti-Discrimination
26.1 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.
26.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
26.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the officer has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
26.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
26.5 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.
27. Secure Employment
27.1 Objective of this
Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
27.2 Casual Conversion
(a) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(b) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(c) Any casual
employee who has a right to elect under paragraph 27.2(a), upon receiving
notice under paragraph (b)(ii) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such notice
from the employee, the employer shall consent to or refuse the election, but
shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(d) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(e) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(f) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph 27.2(c), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph 27.2(c), discuss and agree upon:
(i) whether the
employee will convert to full-time or part-time employment; and
(ii) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act
1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(g) Following an agreement
being reached pursuant to paragraph (f), the employee shall convert to
full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(h) An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
27.3 Occupational
Health and Safety
(a) For the purposes
of this subclause, the following definitions shall apply:
(i) 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.
(ii) 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.
(b) 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):
(i) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(ii) 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;
(iii) 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
(iv) 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.
(c) Nothing in this
subclause 27.3 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.
27.4 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
27.5 This clause has no
application in respect of organisations which are properly registered as Group
Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
28. Area, Incidence
and Duration
28.1 This award
applies to all officers of the Legislative Assembly employed as Electorate
Office Staff to Members of the Legislative Assembly.
28.2 The changes made
to the award pursuant to the Award Review in accordance with 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 4 April 2012.
28.3 Changes made to
this award subsequent to it first being published on 24 September 2010 (370
I.G. 418) have been incorporated into this award as part of the review.
PART B
MONETARY RATES
Effective from the beginning of the first pay period to
commence on or after the dates in the column headings
Table 1 - Salaries
|
Parliamentary Electorate Officers
|
|
Classification and Grades
|
Common
|
1.7.10
|
1.7.11
|
|
|
|
Salary
|
Per annum
|
Per annum
|
|
|
|
Point
|
|
2.5%
|
|
|
|
|
$
|
$
|
|
|
Grade 1
|
|
|
|
|
|
Year or 18 years
|
7
|
30,432
|
31,193
|
|
|
Year 2 min at 20 years
|
11
|
36,809
|
37,729
|
|
|
Year 3, min at 21 years
|
17
|
39,670
|
40,662
|
|
|
Year 4
|
20
|
40,752
|
41,771
|
|
|
Year 5
|
23
|
42,477
|
43,539
|
|
|
Year 6
|
25
|
43,248
|
44,329
|
|
|
Year 7
|
28
|
44,320
|
45,428
|
|
|
Year 8
|
32
|
45,959
|
47,108
|
|
|
Year 9
|
36
|
47,625
|
48,816
|
|
|
Year 10
|
40
|
49,384
|
50,619
|
|
|
Grade 2
|
|
|
|
|
|
Year 1
|
64
|
61,878
|
63,425
|
|
|
Year 2
|
67
|
63,781
|
65,376
|
|
|
Year 3
|
75
|
68,761
|
70,480
|
|
|
Year 4
|
78
|
70,929
|
72,702
|
|
|
Grade 1 Special Salary Scale
|
|
|
|
|
|
Year 1
|
52
|
55,131
|
56,509
|
|
|
Year 2
|
55
|
56,644
|
58,060
|
|
|
Year 3
|
58
|
58,249
|
59,705
|
|
|
Year 4
|
61
|
60,005
|
61,505
|
|
|
Allowances
|
|
|
|
|
|
Electorate Officer, Grade 1
|
-
|
4,510
|
4,623
|
|
|
Electorate Officer, Grade 1 Special Salary Scale
|
-
|
5,410
|
5,545
|
|
|
Electorate Officer, Grade 2
|
-
|
7,214
|
7,394
|
|
Table 2 - Remuneration
|
Classification and Grades
|
Common
|
1.7.09
|
1.7.10
|
|
|
Salary
|
Per annum
|
Per annum
|
|
|
Point
|
|
+4%
|
|
|
|
$
|
$
|
|
Research Assistant to Independent Members of
|
|
|
|
|
the Legislative Assembly
|
98
|
86,498
|
88,660
|
Table 3 - Other Rates and Allowances
|
Item
|
Clause No
|
Brief Description
|
1.7.09
|
1.7.10
|
|
|
|
|
Per annum
|
Per annum
|
|
|
|
|
|
+4%
|
|
|
|
|
$
|
$
|
|
1
|
4.1(a)
|
Electorate Officer Grade 1
|
4,510
|
4,623
|
|
2
|
4.1(a)
|
Electorate Officer Grade 1 Special Salary Scale
|
5,410
|
5,545
|
|
3
|
4.1(a)
|
Electorate Officer Grade 2
|
7,214
|
7,394
|
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.