Crown Employees (Office of the WorkCover Authority - Inspectors) Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 592 of 2007)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Title

2.         Definitions

3.         Parties

4.         Relationships with Other Awards and Agreements

5.         Hours

6.         Overtime

7.         Travelling Compensation

8.         Recreation Leave

9.         Dependant Care Leave

10.       Sick Leave - Mutual Leave Fund

11.       Classification Structure and Salaries

12.       Progression to Senior Inspector

13.       Peer Review Panel

14.       Union Fees

15.       After Hours Response Service

16.       Motor Vehicles

17.       Anti-Discrimination

18.       No Extra Claims

19.       Grievance Handling and Dispute Resolution

20.       Salary Packaging Arrangements, including Salary Sacrifice to Superannuation

21.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Inspector Classifications and Salary Scale

Table 2 - Meal Allowance Rates

 

PART A

 

1.  Title

 

This award shall be known as the Crown Employees (Office of the WorkCover Authority - Inspectors) Award 2007.

 

2.  Definitions

 

"Inspector" means an officer or employee employed in WorkCover under the provisions of the Public Sector Employment and Management Act 2002, occupying a position classified and graded in the Inspector Classifications identified in Table 1 of Part B, Monetary Rates.

 

"Level" means the salary level as specified in Table 1 of Part B, Monetary Rates.

 

"Management" means the Chief Executive Officer of WorkCover or an officer delegated by the Chief Executive Officer.

 

"OHSD" means Occupational Health and Safety Division of WorkCover.

 

"Salary Scale" means the whole set of salaries payable under this award.

 

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

 

"WorkCover" means the Chief Executive Officer of the Office of the WorkCover Authority delegated by the Director of Public Employment under section 124 of the Public Sector Employment and Management Act 2002 to exercise the functions of the Director of Public Employment pursuant to section 129 of that Act with respect to this award.

 

3.   Parties

 

3.1.       The parties to this award are:

 

(a)        Director of Public Employment; and

 

(b)        Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

4.  Relationship With Other Awards and Agreements

 

4.1        The provisions in this award apply in place of the identified provisions applying in the following awards:

 

(a)        District Managers, etc. Inspection Services Division, Department of Industrial Relations Agreement No. 2482 of 1985 relating to all provisions under the Agreement.

 

(b)        Crown Employees (Administrative and Clerical Officers - Salaries 2003) Award as it applies to Regional Managers, WorkCover Authority

 

(c)        Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 relating to overtime, travelling compensation and flexible work hours under the award.  All other provisions of the award apply.

 

4.2        The parties agree that during the term of this award, variation to the salary scale contained in Table 1 - Inspector Classifications and Salary Scale will be in accordance with variations by way of salary increases or other benefits applied to the Crown Employees (Public Sector - Salaries 2007) Award, or a replacement award.  The parties further agree to make application for this award to be varied by consent of the parties to give effect to any such salary increase or other benefit from the same operative date.

 

5.  Hours

5.1        Normal working hours are 38 hours per week, Monday to Friday.

 

5.2        For the purpose of taking leave, one day is equivalent to 7 hours and 36 minutes.  This does not prescribe the number of hours an inspector must work in one day but is used to calculate leave entitlements.

 

5.3        Flexible Working Hours - Flexible working hours and starting and finishing times will be arranged, (subject to management discretion), to ensure that an adequate service is always maintained.

 

5.4        Bandwidth -

 

(a)        Bandwidth is the period during a day when an inspector may record time worked.

 

(b)        Normal Bandwidth - The normal bandwidth starts at 7:00 am and ends at 6:00 pm.  The bandwidth is 10½ hours (11 hours less a ½ hour lunch break).

 

(c)        Extended Bandwidth - The normal bandwidth hours may be changed by agreement between the inspector and their supervisor, and subject to management discretion, to start at 6:00 am and end at 10:00 pm.  This is known as the extended bandwidth.

 

(d)        Time worked within the bandwidth (either normal or extended), of up to 10½ hours, counts towards work time or accrual of flex time.

 

5.5        Work for more than 10½ Hours Per Day -

 

(a)        Where an inspector wishes to work more than 10½ hours in a day within the bandwidth they must obtain approval from their supervisor. This time counts towards work time or accrual of flex time.

 

(b)        Where an inspector is directed by their supervisor to work for more than 101/2 hours in a day, overtime applies as set out in Clause 6, Overtime.

 

5.6        Coretime -

 

(a)        Coretime is the period during the day when all staff are required to be on duty, unless on authorised leave.  The lunch period is not part of coretime.

 

(b)        Coretime applying to the normal bandwidth is 9.30 am to 3:30 pm.

 

(c)        Coretime applying to the extended bandwidth must be agreed to between an inspector and their supervisor, subject to management discretion.

 

5.7        Lunch Break -

(a)        An inspector is entitled to take a lunch break between the hours of 11.30 am to 2.30 pm. The minimum lunch break is 30 minutes and the maximum is 2½ hours.

 

(b)        Time taken for lunch does not count towards work time or the accrual of flex time.

 

(c)        An inspector working an extended bandwidth may take their lunch break at a reasonable time, provided that a minimum of interruption takes place in the performance of WorkCover business.  The minimum 30 minutes and maximum 2½ hours referred to in paragraph (a) of this subclause still applies.

 

5.8        Second Meal Break - An inspector who has worked for 5 hours following their lunch break may take a further meal break. This second meal break does not count towards work time or the accrual of flex time.

 

5.9        Settlement Period or Flex Period - A settlement period is four weeks.  The actual starting and finishing dates of the settlement period under this award will be those determined by WorkCover.

 

5.10      Flex Days - A flex day is a paid absence from work for a full day.  An inspector may take up to two flex days during a settlement period subject to WorkCover’s convenience and the supervisor’s approval.  The two days may be taken as either:

 

(a)        two flex days; or

 

(b)        four half flex days; or

 

(c)        a combination of full and half days.

 

5.11      Accrued Flex Days -

 

(a)        One of the two flex days in any settlement period may be termed an accrued flex day, which may be taken at a later date in a future settlement period.

 

(b)        If an inspector has taken two flex days in the same settlement period, they cannot accrue an accrued flex day in that settlement period.

 

(c)        An inspector may accrue up to three Accrued Flex Days in each set of six settlement periods.

 

(d)        It is incumbent on WorkCover and inspectors to facilitate the taking of accrued flex days within six settlement periods.  If Accrued Flex Day(s) are not utilised in the six settlement periods during which they are accrued, they are forfeited.  This period may be extended by Management on a case by case basis for exceptional circumstances.

 

(e)        Accrued Flex Days may be taken together with other types of leave including flex days and/or taken consecutively as one period of leave at WorkCover’s convenience.

 

(f)         Flex days and Accrued Flex Days can only be taken by mutual agreement between the inspector and their supervisor.

 

5.12      Flex Carry Over - The maximum credit hours which may be carried forward to the next settlement period is 20 hours and the maximum debit is 10 hours.  This does not include Accrued Flex Days.

 

5.13      WorkCover shall ensure that an Inspector does not forfeit excess credit hours at the conclusion of settlement periods as a result of reasonable requests for flex days being refused or the staff member being directed by the supervisor to work long hours within the bandwidth.

 

6.  Overtime

6.1        Eligibility for Overtime - An inspector will only be eligible for overtime if they have been directed by their supervisor to work:

 

(a)        more than 10½ hours in one day; or

 

(b)        before 6:00 am or after 10:00 pm; or

 

(c)        on a Saturday, Sunday or public holiday.

 

6.2        Hours worked under the extended bandwidth will not of itself result in overtime, unless at least one of the conditions in 6.1 applies.

 

6.3        An inspector may be directed by the Chief Executive Officer to work overtime, provided it is reasonable for the inspector to be required to do so.  An inspector may refuse to work overtime in circumstances where the working of such overtime would result in the inspector working unreasonable hours.  In determining what is unreasonable, the following factors shall be taken into account:

 

(a)        the inspector’s prior commitments outside the workplace, particularly the inspector’s family and carer responsibilities, community obligations or study arrangements,

 

(b)        any risk to the inspector’s health and safety,

 

(c)        the urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services,

 

(d)        the notice (if any) given by the Chief Executive Officer regarding the working of the overtime, and by the inspector of their intention to refuse overtime, or

 

(e)        any other relevant matter.

 

6.4        Calculation of Overtime - Overtime is calculated using the following formula:

 

Annual Salary ¸ Weekly Rate (52.17857) ¸ 35  = Hourly Rate

 

6.5        Overtime Rates - Overtime will be paid using the rates provided in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006, which are:

 

(a)        Monday to Saturday - Time and a half for the first 2 hours; and double time thereafter; or

 

(b)        Sunday - Double time; or

 

(c)        Public Holiday - Monday to Friday - Normal salary plus time and a half;

 

(d)        Public Holiday - Saturday: Double time and a half.

 

6.6        Overtime Rates for the After Hours Response Service - For rostered Inspectors performing work under the After Hours Response Service set out in clause 15 all overtime requiring attendance at an incident will be paid at a minimum of 3 hours at double time per incident.

 

6.7        Meal Allowances

(a)        Breakfast Allowance - Inspectors are eligible for a breakfast allowance when they have been directed to work before 6.00am and an expense is actually incurred.

 

(b)        Lunch Allowance - Inspectors are eligible for a lunch allowance when they have been directed to work on a Saturday, Sunday or public holiday and commence before 8.30 am and finish after 1.30 pm or commence after 8.30 am and finish after 2.00 pm and an expense is actually incurred.

 

(c)        Dinner Allowance - Inspectors are eligible for a dinner allowance when they have been directed to work after 6.30 pm and an expense is actually incurred.

 

6.8        Meal Allowance Rates for overtime shall be the rates specified in Table 2 of this award as varied from time to time in clause 95, Overtime Meal Allowances of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

6.9        Meal breaks are in an inspector’s own time and cannot be counted towards an inspector’s work time or accrual of flex time.

 

7.  Travelling Compensation

7.1        Excess Travel Time - Excess travel time is the time taken to travel to a work location that is in excess of the time normally taken to get to an inspector’s normal place of work.

 

7.2        Excess travel time applies when:

 

(a)        travel is required to perform WorkCover duties; and

 

(b)        the travel has had prior approval of management; and

 

(c)        the travel time amounts to at least 15 minutes after deducting the time normally taken for an inspector to travel from their home to their office.

 

7.3        Excess Travel During the Extended Bandwidth - Excess travel undertaken during the Extended Bandwidth is counted towards an inspector’s work time or accrual of flex time.

 

7.4        Excess Travel Outside the Extended Bandwidth -

 

(a)        Excess travel undertaken outside the Extended Bandwidth (before 6.00 am or after 10.00 pm Monday to Friday) and/or on a Saturday, Sunday and/or public holiday and/or non-working day, will be compensated by payment or leave in lieu at ordinary rates.

 

(b)        Management will decide which type of compensation to grant, having regard to the needs of the inspector and WorkCover.

 

8.  Recreation Leave

 

8.1        Annual Leave Loading - The salary rates in Table 1 to this award include an amount of 1.5% of the relevant rate to reflect the annualisation of leave loading.

 

9.  Dependant Care Leave

 

9.1        Eligibility -

 

(a)        An inspector is entitled to Dependant Care Leave to arrange or provide short term care for dependants in the event of illness or other emergency.

 

(b)        A dependant means a person or child who depends on the inspector for support or assistance.

 

9.2        Leave Entitlement - In addition to an inspector’s Family and Community Services Leave (FACS) entitlement an inspector may take up to six days Sick Leave over a period of 2 years as dependant care leave.

 

9.3        Part-time Work - Any inspector working part-time is entitled to Dependant Care Leave on a pro rata basis.

 

9.4        Minimum Period of Leave to be Taken - The minimum period of leave to be taken for Dependant Care Leave is a quarter day for full-time staff and 15 minutes for part-time staff.

 

9.5        Re-credit of Leave - Re-credit of Leave while on Recreation Leave or Extended Leave for Dependant Care Leave is subject to the provision of a medical certificate(s) or other evidence being provided to cover the period of leave taken.

 

9.6        Accumulation of Dependant Care Leave - Sick Leave not used for Dependant Care Leave is fully cumulative as Sick Leave.

 

9.7        Notification of Absence -

 

(a)        Where possible an inspector should complete a leave form prior to their absence on Dependant Care Leave and submit the form to their supervisor for approval.

 

(b)        Where the need to provide dependant care is unforeseen, the inspector must contact the supervisor or another appropriate inspector as soon as practicable and by telephone if possible.

 

(c)        On return to work a leave form must be submitted for the supervisor’s approval as soon as practicable.

 

9.8        Supporting Evidence - Before approving Dependant Care Leave the supervisor must satisfy themselves that the inspector is entitled to Dependant Care Leave.  Normally, absences of three days or less do not require supporting documentation. For absences of more than three days the supervisor must satisfy themselves through documentation such as a medical certificate, or other appropriate evidence, that the reason for the absence is genuine.

 

10.  Sick Leave - Mutual Leave Fund

10.1      Sick Leave - Clause 80 - Sick Leave of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 applies to Inspectors.

 

10.2      Mutual Leave Fund -

 

(a)        This award continues the WorkCover Inspectors’ Mutual Leave Fund (the Fund) which will operate as set out in this clause.

 

(b)        From an inspector’s annual sick leave entitlement a number of sick leave days per year per inspector will be pooled in the Fund.  These pooled days will be deducted on 1 January each year, pursuant to subclause 10.2 and will accumulate for the life of this award.

 

(c)        Inspectors, who have exhausted their sick leave entitlements as at the date of commencement of this award and do not have the agreed number of days to give to the Fund, will provide those days to the Fund on the following 1 January, pursuant to subclause 10.2.

 

(d)        Inspectors with fewer than 5 days sick leave on the date of commencement of this award, will have their days for the Fund deducted on the following 1 January, pursuant to subclause 10.2.

 

(e)        Inspectors’ contributions will cease when the Fund reaches the agreed maximum number of days agreed between the parties.  Contributions will re-start when the Fund’s pool of days falls to an agreed minimum number of days. Members will be notified when the maximum and minimum are reached.

 

(f)         If the Fund does not continue to the next award or the parties fail to negotiate a further industrial instrument, the unused leave days from the Fund will be redistributed among inspectors who contributed.  Inspectors who have claimed days from the Fund will receive their contribution less the days they claimed from the Fund.

 

(g)        Inspectors who transfer within WorkCover but outside of the coverage of this award, or elsewhere in the Public Service, will have their full contribution to the Fund refunded if they have not made a successful claim on the Fund.  Inspectors who have claimed days from the Fund will receive their contribution less the days they claimed from the Fund.

 

(h)        An inspector is entitled to claim from the Fund when:

 

(i)         they become ill and/or are injured outside of work and have exhausted all sick leave entitlements; and

 

(ii)        a further qualifying period of 10 consecutive working days has elapsed during which the inspector is absent from work due to sickness or injury.

 

(i)         The qualifying period may be waived by Management, on grounds of hardship.

 

(j)         Any time claimed on the Fund must be supported by a medical certificate(s).

 

(k)        WorkCover will underwrite any claims against the Fund should it be unable to meet legitimate claims, until the Fund receives further pooled days.

 

11.  Classification Structure and Salaries

 

11.1      The classification of Inspector as expressed in Table 1 of this award replaces classifications identified in awards or the Agreement contained in subclause 4.1 of clause 4, Relationships with Other Awards and Agreements.

 

11.2      The Inspector classification has two streams of work each containing a number of progression levels.  These streams represent work of either an Inspectorial nature or of a management nature and reflect the different types of work performed, knowledge required, problem solving skills employed and level of accountability.

 

11.3      Transfer Between Streams - Movement between each of the streams, either from Inspectorial to Managerial or from Managerial to Inspectorial will follow the principles set out below:

 

(a)        From Inspectorial Stream to Managerial Stream - An inspector from the Inspectorial Stream who is successful in obtaining a position in the Management Stream will retain their Inspectorial level and corresponding salary level if it is higher than that of the management position, provided that they continue to exercise skills and knowledge consistent with their Inspectorial level.

 

(b)        From Managerial Stream to Inspectorial Stream - Inspectors in the Management Stream may transfer to the Inspectorial Stream, in accordance with procedures defined by management for transfer and subject to management need and approval.  They will be transferred to a position within the Inspectorial Stream at a salary level equivalent to that of the management position from which they transferred or equivalent to the inspectorial level they hold, whichever is the higher.

 

11.4      Higher Duties Allowance - Higher Duties allowance is not available for positions within the Inspectorial Stream with the exception of State Inspector.

 

11.5      Salary Levels and Rates - Salary levels corresponding to the progression levels for both the Inspectorial and Managerial Streams apply as set out in Table 1, and are effective on and from the first full pay period to commence on or after 1 July 2007.

 

12.  Progression to Senior Inspector

12.1      Progression within the Inspectorial Stream from Level 1 to Level 5 will occur by incremental progression.  The payment of an increment to an Inspector is subject to the satisfactory conduct of, and satisfactory performance of duties by, the Inspector as determined by WorkCover.

 

12.2      An Inspector must be promptly notified in writing by WorkCover of any decision to defer payment of an increment.

 

12.3      The payment of an increment may be deferred from time to time, but may not be deferred for more than 12 months at any one time.

 

12.4      Eligibility - To be eligible for progression to Senior Inspector under this award, inspectors must provide documented evidence to substantiate their claim that they meet the criteria set out as follows:

 

(a)        have served 12 months on Level 5; and

 

(b)        have satisfactory conduct and services; and

 

(c)        have attained relevant tertiary qualifications (e.g. Associate Diploma in OH&S or equivalent) and/or have acquired relevant experience which has allowed the eligible inspector to demonstrate:

 

(i)         outstanding performance in a specialist category (e.g. fabrication, construction, workers compensation); or

 

(ii)        a substantial contribution to targeted projects; or

 

(iii)       outstanding performance across a wide range of inspectorial activities.

 

12.5      Process - Eligible inspectors must apply to the Peer Review Panel in writing.  Each application must be accompanied by recommendations and statements of support (or otherwise) from the relevant manager and the applicant’s supervisor.  The final decision is made by Management.

 

13.  Peer Review Panel

 

13.1      Constitution and Role of Panel - There is one panel known as the OHSD Peer Review Panel, which shall include at least one female and one male member.

 

13.2      Panel’s Recommendations - The Peer Review Panel will submit a written report with recommendations to Management.  Minority reports, where necessary, will also be prepared and submitted to Management.

 

13.3      Appeal Process -

 

(a)        An inspector may appeal against a decision stating the reasons they consider their application has been incorrectly assessed. Management must request the Peer Review Panel to reconsider the application and their recommendation in light of the appeal submission.  Management will then make the final decision on the matter.

 

(b)        If an application is unsuccessful an inspector must wait at least 6 months from the date of the decision before applying again.

 

14.  Union Fees

 

14.1      The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union’s rules.

 

14.2      The union shall advise the employer of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

14.3      Subject to 14.1 and 14.2 above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union’s rules, provided that the employee has authorised the employer to make such deductions.

 

14.4      Monies so deducted from the employee’s pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees’ union membership accounts.

 

14.5      Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

14.6      Where an employee has already authorised the deduction of union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

15.  After Hours Response Service

 

15.1      An After Hours Response Service will operate for the term of this award.

 

15.2      An inspector who is rostered for the After Hours Response Service when "called out" to attend an incident shall be paid a minimum of 3 hours overtime at double time per incident.

 

16.  Motor Vehicles

 

16.1      Motor vehicles are provided as a tool of work to enable the efficient and effective operation of services.

 

16.2      Motor vehicles are available for private use of inspectors upon the payment of a fee and subject to operating provisions as determined from time to time.

 

17.  Anti-Discrimination

 

17.1      It is the intention of the parties bound by this award to seek to achieve the objects of section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

17.2      It follows that in fulfilling their obligations under the dispute resolution procedures prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in the effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provisions of the award, which by its terms or operation, has a direct or indirect discriminatory effect.

 

17.3      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

17.4      Nothing in this clause is to be taken to effect:

 

(a)        Any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        Offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        Any act or practice of a body established to propagate religion which is exempt under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        A party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

17.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTES:

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects .... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

18.  No Extra Claims

 

18.1      It is the terms of this award that the Parties undertake not to pursue any new claims relevant to the provisions of this award.

 

19.  Grievance and Dispute Settling Procedures

 

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

 

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

 

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

 

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

 

19.5      If the matter remains unresolved with the immediate manager, the staff member may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two (2) working days, or as soon as practicable. The staff member may pursue the sequence of reference to successive levels of management until the matter is referred to the Chief Executive Officer.

 

19.6      The Chief Executive Officer may refer the matter to the Director of Public Employment for consideration.

 

19.7      If the matter remains unresolved, the Chief Executive Officer shall provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

19.8      A staff member, at any stage, may request to be represented by the Union.

 

19.9      The staff member, or the Union on their behalf, or the Chief Executive Officer may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

19.10    The staff member, Union, WorkCover and Director of Public Employment shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

19.11    Whilst the procedures outlined in subclauses 19.1 to 19.10 of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.

 

20.  Salary Packaging Arrangements, including Salary Sacrifice to Superannuation

 

An employee may elect, subject to the agreement of WorkCover, to enter into a Salary Packaging Arrangement in accordance with the provisions of clause 5 of the Crown Employees (Public Sector – Salaries 2007) Award or any variation or replacement award.

 

21.  Area, Incidence and Duration

 

22.1      This award will apply to all Inspector Classifications identified in Table 1.

 

22.2      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (WorkCover Authority - Inspectors) Award published 21 May 2004 (344 I.G. 523) and all variations thereof.

 

22.3      The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles of Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) and take effect from 31 July 2007.

 

22.5      This award will be in force until it is varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Inspector Classifications and Salary Scale

 

 

*Inspectors Level 5 are eligible to apply for positions of Senior Inspector after completion of 12 months service as an Inspector Level 5.

 

Table 2 - Meal Allowance Rates

 

Effective 1 July 2007

 

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.