CROWN EMPLOYEES (MUSEUM OF
APPLIED ARTS AND SCIENCES - CASUAL GUIDE LECTURERS) AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1825 of 2004)
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Before The Honourable
Mr Deputy President Harrison
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22 June 2004
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REVIEWED AWARD
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Intention
4. Wage
Rates
5. Deduction
of Association Membership Fees
6. Grievance
and Dispute Resolution Procedures
7. Anti-Discrimination
8. Parties
to this Award
9. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1-Wages
PART A
1. Title
This award shall be known as the Crown Employees (Museum of Applied
Arts and Sciences - Casual Guide Lecturers) Award 2004.
2. Definitions
"Act" means the Public Sector Employment
Management Act 2002.
"Award" means this award.
"Association" means the Public Service Association
and Professional Officers Association Amalgamated Association of New South
Wales
"Organisation" means the Museum of Applied Arts
and Sciences (MAAS).
"Director" means the Chief Executive Officer of
the Museum of Applied Arts and Sciences.
"Staff" means all persons who are permanently,
temporarily or casually employed under the Act and who, as at 24 April 1996,
were occupying one of the positions covered by this award or who, after that
date, are appointed to or employed in one of such positions.
3. Intention
The purpose of this award is to partially regulate the rates
of pay and conditions of employment of casual guide lecturers.
4. Wage Rates
Table 1-Wages, of Part B, Monetary Rates, of this consent
award contains applicable wage rates.
5. Deduction of Association
Membership Fees
(i) The
Association shall provide the employer with a schedule setting out Association
fortnightly membership fees payable by members of the Association in accordance
with the Association's rules.
(ii) The
Association shall advise the employer 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 employer at least one month in
advance of the variation taking effect.
(iii) Subject to
(i) and (ii) above, the employer shall deduct Association fortnightly
membership fees from the pay of any employee who is a member of the Association
in accordance with the Association's rules, provided that the employee has
authorised the employer to make such deductions.
(iv) Monies so
deducted from employee's pay shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to employees' Association membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the Association, all Association
membership fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised 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 employee to make a fresh authorisation in order
for such deductions to continue."
6. Grievance and
Dispute Resolution Procedures
The aim of this grievance handling and dispute resolution is
to encourage the resolution of grievances and/or disputes as quickly as
possible within the immediate work context wherever possible. The procedure involves consultation, co‑operation
and discussion to achieve this aim.
There are six steps in the procedure. At each step all those involved are
encouraged to seek advice with regard to the procedure and how best to -
undertake its various elements. Advice can be sought from appropriate staff, as
identified in the Museum's policy and procedures for resolving grievances and
disputes. Sources of advice include Grievance Receivers, HRM Manager and/or
Association delegates.
Step 1 - In the first instance the employee shall inform
their‑immediate supervisor, or other appropriate person, of the existence
of a grievance/dispute, request a meeting to discuss the matter and attempt to
resolve it with the supervisor.
It is recognised that the employee may wish to exercise the
right to consult with and be accompanied by their Association representative,
who may participate in discussions during this or any subsequent stage.
Discussions should take place within two working days and this
step of the procedure should be completed within seven days.
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 employee to advise their immediate manager the notification may occur to
the next appropriate level of management, including where required, to the
Department Head or delegate.
Step 2 - If the grievance/dispute remains unresolved, the
employee refers the matter to the next in line management (the manager). The
manager will consult with all parties.
Discussions should take place within two working days and
this step of the procedure should be completed within seven days.
Step 3 - If the grievance/dispute remains unresolved, the
matter should be referred to the senior management group.
Discussions should take place within two working days and
this step of the procedure should be completed within seven days.
Step 4 - In the event that the matter remains unresolved,
senior management will discuss the matter with representatives of the relevant
Association and/or other nominated representatives identified by the employee
lodging the grievance/dispute.
Such discussions should take place within two working days.
Step 5 - In the event that the matter is still unresolved,
the director shall provide a written response to the employee who lodged the
grievance/dispute and any other relevant party involved in the
grievance/dispute.
The response will indicate action to be taken or the reasons
for not taking action in relation to the matter.
This step is to be completed seven days following
notification in writing to the director by the employee lodging the
grievance/dispute that the matter remains unresolved.
Step 6 - The employee, or their Association representative
on their behalf, or the director may refer the matter to the Industrial
Relations Commission of New South Wales if the matter is still unresolved after
the completion of step 5.
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NOTE:
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Whilst the grievance procedure is being followed, normal
work shall continue, except where a
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genuine health and safety issue is involved. Such
circumstances may require some interim
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modification to work practices until the matter is resolved.
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For further details regarding the operation of the grievance
and dispute resolution procedure, refer to the Museum's policy and procedures
for resolving grievances and disputes.
6.
Anti-Discrimination
(1) It is the intention
of the parties bound by this award to seek to achieve the object in section
3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and carer’s
responsibilities.
(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 that, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing
junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
(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."
7. Parties to the
Award
This award is made between the following parties:
Public Employment Office.
Public Service Association and Professional Officers
Association Amalgamated Association of New South Wales.
8. Area, Incidence
and Duration
This award applies to those staff employed as casual guide
lecturers by the Museum of Applied Arts and Sciences.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and replaces the Crown Employees
(Museum of Applied Arts and Sciences Casual Guide Lecturers) Award made 5 April
2002 (338 IG 658) and all variations thereof.
The award published 5 April 2002 took effect from 14 June
2001.
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 the New South Wales on 18 December 1998 (308 IG 307)
take effect on and from 22 June 2004.
This award remains in force until varied or rescinded for
the period for which it was made already having expired.
PART B
MONETARY RATES
Table 1 - Wages
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Classification
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Rate of pay per
hour
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As 1/7/03
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$
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Casual Guide Lecturer
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29.30
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R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.