CROWN EMPLOYEES (OFFICER IN CHARGE ALLOWANCE - NSW AGRICULTURE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notice of Award Review pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1822 of 2004)

 

 

REVIEWED AWARD

 

PART A

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.       Definitions

2.       Officer in Charge Allowance

3.       Saving of Rights

4.       Dispute Handling Procedures

5.       Anti-Discrimination

6.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Allowances

 

Appendix 1 - Responsibility of an Officer in Charge

 

1.  Definitions

 

(i)         "Officer in Charge" means an Officer who is appointed as such by the Department and carries out the duties of Officer in Charge and as determined from time to time, in an advisory office of the NSW Department of Agriculture.

 

(ii)        "Association" means the Public Service Association and the Professional Officers’ Association Amalgamated Union of New South Wales.

 

(iii)       "Department" means the New South Wales Department of Agriculture.

 

(iv)       "Staff" shall mean all permanent and temporary staff employed at the advisory office location by the Department, pursuant to the Public Sector Employment and Management Act 2002.  Casuals, contractors or those working for work experience are not included for the purpose of this award.

 

(v)        "OIC duties" shall be determined from time to time by the Department.  As a guide, Appendix 1 indicates the current range of responsibilities that are required to be performed by an officer in charge.

 

(vi)       "Location" shall mean an advisory office as determined by the Department.  Only one OIC shall be appointed to each location.

 

(vii)      "OIC term" shall be determined by merit selection and by an expression of interest.  The period of appointment shall be a two (2) year term or as determined by the Department.

 

2.  Officer in Charge Allowance

 

An Officer in Charge shall be paid an allowance of an amount as set out in Table 1 - Allowances, of Part B, Monetary Rates.

 

3.  Saving of Rights

 

(i)         At the time of making of this Award, no member of staff covered by this Award will suffer a reduction in their rate of pay or any loss or diminution in his or her conditions of employment as a consequence of the making of this Award.

 

(ii)        Should there be a variation to the Crown Employees (Public Sector Salaries - January, 2002) Award, or an Award replacing it, staff under this award will maintain the same salary relationship to the rest of the Public Service.

 

4.  Dispute Handling Procedures

 

All grievances, disputes, or difficulties relating to the provisions of this Award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the Department, if required.

 

(i)         A member of staff is required to notify (in writing or otherwise) their immediate supervisor or manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible state the remedy sought.

 

(ii)        Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti Discrimination Act 1977) that makes it impractical for the staff member to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Department Head or delegate.

 

(iii)       The immediate supervisor or manager shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

(iv)       If the matter remains unresolved with the immediate supervisor or manager, the member of staff may request to meet with the appropriate person at the next level of management in order to resolve the matter.  This manager shall respond within two (2) working days, or as soon as practicable.  This sequence of reference to successive levels of management may be pursued by the member of staff until the matter is referred to the Director-General.

 

(v)        In the event that the matter remains unresolved, the Director-General or his/her nominee shall provide a written response to the member of staff and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reasons for not taking action, in relation to the matter.

 

(vi)       A member of staff may request to be represented by an Association representative.

 

(vii)      The member of staff or Association on their behalf, or the Director-General may refer the matter to the Industrial Relations Commission of New South Wales if the matter is unresolved following the use of these procedures.

 

(viii)     The member of staff, Association and Department agree to be bound by any lawful order or determination by the Industrial Relations Commission of New South Wales in relation to the grievance, dispute or difficulty.

 

(ix)       Whilst the procedures are being followed, normal work undertaken prior to notification of the grievance or dispute shall continue unless otherwise agreed between the parties.  In the case of a dispute involving Occupational Health and Safety, normal work shall proceed in such a manner as to avoid any risk to an officer of the Department or member of the public.  If practicable, normal work shall proceed in such a manner to avoid any risk to the health and safety of any officer or member of the public.

 

5.  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 responsibilities as a carer.

 

(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.

 

(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."

 

6.  Area, Incidence and Duration

 

(i)         This Award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (New South Wales Department of Agriculture Officer in Charge Allowance) Award published 13 July, 2001 (326 I.G. 169).

 

(ii)        The Award published 13 July, 2001 took effect from the first full pay period to commence on or after 7 May 2001.

 

(iii)       The changes made to this award pursuant to the Award Review under 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 18 December 1998 (308 I.G. 307) take effect on and from 22 June 2004.

 

(iv)       The Award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Allowances

 

Clause No.	Brief Description	Amount
		Effective
		4.7.2003
		$
2	Administrative responsibility for up to 3 staff	1,558
2	Administrative responsibility for up to 6 staff	2,335
2	Administrative responsibility for up to 10 staff	3,113
2	Administrative responsibility more than 10 staff	4,673

 

APPENDIX 1

 

Responsibility of an Officer in Charge

 

An Officer in Charge (OIC) is responsible for the effective and economic co-ordination and management of staff, finances, resources, two way communication (i.e. communication to staff under their control and from the staff to the appropriate Regional Director) and accommodation matters in a district advisory office.  Those responsibilities and the decision making process must have regard to Departmental policy and practices and any relevant legislation.

 

The duties of an OIC are defined as:

 

1.          Staff

 

Day to day co-ordination, leadership and supervision of staff;

 

Processing leave applications and approving them within delegation limits;

 

Advice of entry on duty and cessation of duty;

 

Supervision of staff appointed under Government training and Employment schemes;

 

Determining work priorities for office and support staff;

 

Ensuring compliance with flexitime or other attendance requirements;

 

Provision of office relief;

 

Approving travel claims and authorities to travel;

 

Exercising appropriate administrative delegations.

 

2.          Finances

 

Supervision of office priorities, estimate and budgets;

 

Acknowledging receipt of goods received in the office;

 

Oversighting maintenance of assets register, library records, petty cash, saleable publications, accountable books and registers;

 

Approve petty cash purchases;

 

Approve pro-forms within limits of delegation.

 

3.          Resources

 

Initiate action for suppliers and services;

 

Reporting lost, stolen, unserviceable or transferred property;

 

Oversighting the use of official vehicles in accordance with Department policy;

 

Co-ordination of Department facilities in time of local nature disaster or other crises in the rural industries.

 

4.          Communication

 

Co-ordinate the issues of publicity material to meet local office commitments;

 

To be contract officer for Departmental staff, Members of Parliament, Local agricultural matters in the area;

 

Adviser to the appropriate Regional Director on any local matter which should be brought to his/her attention;

 

Maintenance of a diary of coming events and press clipping service.

 

5.          Accommodation

 

Organise office, garage and storage in the District Office in respect of staff changes, maintenance requirements and provision of facilities;

 

Where appropriate, liaise with the owner or building manager or Government Supply Office in respect of cleaning requirements;

 

Maintenance of appropriate housekeeping standards;

 

Ensuring appropriate security is maintained;

 

Ensuring confidentiality of documents and Departmental information.

 

 

R. W. HARRISON  D.P.

 

 

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Printed by the authority of the Industrial Registrar.