Crown Employees (Department of Finance, Services
and Innovation) Wages Staff Award 2016
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Department of Finance, Services and Innovation.
(Case No. 2016/00170580)
Before Commissioner Tabbaa
|
22 June 2016
|
AWARD
PART A
1. Arrangement
of Award
Clause No. Subject Matter
PART A
1. Arrangement
of Award
2. Definitions
3. Parties
4. Incidence
and Period of Operation
5. Workplace
Reform
6. Categories
of Employment
7. Rates of
Pay
8. Pay
Arrangements
9. Hours of
Work
10. Career
Development and Training
11. Rostered
Days Off
12. Performance
Management
13. Relocation
Package
14. Leave
15. Grievance
and Dispute Resolution
16. Anti-Discrimination
17. Consultative
Arrangements
18. Deduction
of Union Subscriptions
19. Private
Use of Business Vehicles
20. Workplace
Representatives
21. Relationship
to Awards, Agreements etc.
22. Award
Safety Net
23. Leave
Reserved
24. Assistance
with Public Transport
25. No Extra
Claims
Appendix One - Definition, Scope of Work, Level of Skill
and Quality, Safety and General Responsibilities of Staff Members
Appendix Two - Survey and Spatial Information
Appendix Three - Apprentices
Appendix Four - Competency Based Promotion
PART B - RATES, AND ALLOWANCES
RATES
Table 1 - Wages Classification and Salary Schedules
Table 2 - Survey and Spatial Classification and Salary
Schedule
Table 3 - Apprentices Classification and Salary Schedule
ALLOWANCES
Conditions of Employment – Allowances
2. Definitions
2.1. "Department"
and "employer" means the NSW Department of Finance, Services and
Innovation.
2.2. "Secretary"
means the Secretary of the NSW Department of Finance, Services and Innovation.
2.3. "Wages
Staff", "staff" "staff member" and
"employee" means a person engaged under the terms and conditions of
this award by the NSW Department of Finance, Services and Innovation.
2.4. "Award"
means any award made pursuant to the provisions of the Industrial Relations Act
1996.
2.5. "Industrial
Agreement" means any Industrial Agreement made pursuant to the provisions
of the Industrial Relations Act 1996, filed with the Industrial Registrar.
2.6. "Enterprise
Agreement" means an Agreement made pursuant to Section 29 of the
Industrial Relations Act 1996.
2.7. "Industrial
Authority" means the Public Service Commission, as constituted under the
Government Sector Employment Act 2013, the Government Sector Employment
Regulation 2014 and the Government Sector Employment Rules 2014.
2.8. "Union"
means the:
The Construction, Forestry, Mining and Energy Union
(Construction and General Division) NSW Divisional Branch;
Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing
Division, NSW Branch
Electrical Trades Union of Australia, New South Wales
Branch;
The Australian Workers' Union, Greater New South Wales
Branch;
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union;
Transport Worker's Union of Australia, New South Wales
Branch;
having regard to their respective coverage.
2.9. "WH&S"
means work, health and safety as defined by the Work, Health and Safety Act
2011 (NSW).
3. Parties
3.1. This Award has
been made pursuant to Section 10 of the Industrial Relations Act 1996 by the
following parties:
The Department of Finance, Services and Innovation.
Secretary of the Treasury
Construction, Forestry, Mining and Energy Union
(Construction and General Division) NSW Divisional
Branch
Plumbers Union NSW
Electrical Trades Union of Australia, New South Wales
Branch
The Australian Worker’s Union, Greater New South Wales
Branch
Australian Manufacturing Workers’ Union
Transport Worker’s Union of Australia, New South Wales Branch.
4. Incidence and
Period of Operation
4.1. This Award will
apply to all existing and future wages employees in the Department, engaged
under this award. Such employees are
deployed throughout the State of New South Wales as required by the Department
to meet client service obligations.
4.2. This award
shall take effect from the first full pay period to commence on or after 1 July
2016. This award remains in force until
30 June 2017 or until varied or rescinded.
4.3. The contents of
this Award may be varied in accordance with Section 17 of the Industrial
Relations Act 1996.
4.4 This award
rescinds and replaces the Crown Employees
(Department of Finance, Services and Innovation) Wages Staff Award 2015
published 27 November 2009 (369 I.G. 702), as varied.
5. Workplace
Reform
5.1. The parties to
this Award agree that the process of continual improvement and workplace reform
will continue in order to achieve the business objectives of the Department.
5.2. Workplace
Reform includes:
5.2.1. consultation
with the parties on implementation.
5.2.2. ensuring equal
employment opportunity and recognition of merit.
5.2.3. an emphasis on
developing conceptual and strategic skills, focusing on value-adding
activities.
5.2.4. the redesign of
jobs and multi skilling initiatives following the implementation of the
Department’s wage structure.
5.2.5. the elimination
of artificial barriers in career paths and provision of relevant supervisory
and managerial training.
5.2.6. benchmarking against
comparative private sector organisations.
5.2.7. making changes
to working arrangements through consultation and cooperation.
5.2.8. workplace
communication to ensure there is a clear and common understanding of
Department’s objectives.
5.2.9. innovation and
risk taking, within a clearly defined framework of accountability and ethical
behaviour.
6. Categories of
Employment
6.1. The usual basis
for the engagement of an employee covered by this Award is as an ongoing
employee, unless the employee is engaged:
6.1.1. for a specified
term ("temporary employee"); or;
6.1.2. for the duration
of a specified task ("temporary employee"); or
6.1.3. for duties that
are irregular, intermittent, short-term, urgent or other work as and when
required ("casual employee").
6.2. A person may be
engaged as an employee on a full-time or part-time basis.
6.3. At the time of
engagement the employer will inform each employee in writing of the conditions
of engagement, including:
6.3.1. the type of
employment;
6.3.2. whether a
probationary period applies and, if so, the expected duration of the period;
6.3.3. whether there
are any citizenship or residency requirements that apply to the position;
6.3.4. whether there are
any formal qualifications or security, health or other clearances that are
requirements of the position;
6.3.5. if the person is
engaged for a specified term, the relevant reason or purpose and the specified
term;
6.3.6. if the person is
engaged for the duration of a specified task, the task in relation to which the
person has been engaged and the estimated duration of the task; and
6.3.7. a list of the
main instruments governing the terms and conditions of their employment.
6.4. Employees in
any classification may be employed as regular part-time employees for an agreed
number of regular hours per week, which is less than the ordinary hours of duty
specified in this Award. Regular part-time employees will receive, on a pro
rata basis, equivalent pay and conditions to those of a full-time employee. In
relation to expense related allowances, the employee will receive entitlements
specified in the relevant clauses of this Award.
6.5. Proposals for
part-time employment may be initiated by the employer for operational reasons
or by an employee for personal reasons. No pressure will be exerted on
full-time employees to convert to part-time employment or to move to other
duties to make way for part-time employment.
6.6. Where a
proposal is initiated by an employee, the employer will have regard to the
personal reasons put by the employee in support of the proposal and to
operational requirements.
6.7. The written
agreement of a full-time employee will be obtained before the employee's hours
are varied.
7. Rates of Pay
7.1. The
classifications and salary rates are set out in Table 1 of Part B, Monetary
Rates of this Award.
7.2. From the date
specified in Part B the rates of pay set out under the heading shall be
payable.
8. Pay
Arrangements
8.1. Fortnightly
Payment
8.1.1. Employees shall
be paid fortnightly.
8.1.2. The Department
shall not keep more than five days pay in hand.
8.2. Leave Loading
8.2.1. Recreation leave
loading has been incorporated in wages through a 1.35% wage adjustment paid
under the terms of the NSW Public Works Wages Staff Enterprise Agreement (1994
- 1995).
9. Hours of Work
9.1. Weekly hours:
The ordinary hours of duty for all full-time employees will be 38 per week, or
an average thereof.
9.2. Part-time
employees: Part-time employees in any classification can be employed for less
than the ordinary hours of duty specified in this award for an agreed number of
regular hours per week with conditions and entitlements as provided in the
relevant clauses of this award.
9.3. Span of hours:
Ordinary hours of duty will be worked within the limits of Monday to Friday.
The commencing and finishing times of ordinary duty will be determined by the
employer.
9.4. Local
variations: Commencing and finishing times may be varied within the limits of
6.00am and 6.00pm Monday to Friday, subject to a 10-hour span for individual
employees and a 12-hour span for individual workplaces, by agreement between
the supervisor and a majority of the employees affected.
9.5. Worked
continuously: The ordinary hours of duty will be worked continuously, except
for meal breaks. Meal breaks should not be regarded as breaking continuity.
9.6. Five hour
break: an employee should not work for more than 5 hours without a break for a
meal.
9.7. Hours of duty
for part-timers: Before part-time duty commences, notice in writing will
specify:
9.7.1. the prescribed
weekly hours of duty;
9.7.2. the pattern of
hours to be worked including starting and finishing times for other than shift
workers, on each or any day of the week, Monday to Friday, within the limits of
the span of hours specified for an equivalent full-time employee.
9.7.3. the pattern of
hours specified will be no less than 3 hours per day of attendance or an
alternative agreed period and will be continuous on any one day.
9.7.4. the prescribed
weekly hours and the pattern of hours specified under will not be varied, amended
or revoked without the consent of the employee. Any agreed variation to the
regular pattern of hours will be recorded in writing.
9.8. Where a
full-time employee is permitted to work part-time for an agreed period for
personal reasons, the notice in writing will provide for the hours to be varied
to full-time hours on a specified date. The employee will revert to fulltime
hours unless a further period of part-time employment is approved.
10. Career
Development and Training
10.1. The Department
will provide a career development and training program designed to contribute
to the attainment of corporate objectives by:
10.1.1. assisting
employees to formulate career development plans which reflect individuals'
goals and the needs of the Department.
10.1.2. assisting
employees to achieve personal excellence in work performance in a satisfying,
non-discriminatory, safe and healthy work environment;
10.1.3. ensuring
that, on an equitable and appropriate basis, employees are provided with
opportunities to develop required skills.
10.2. The Department
is committed to using and developing the skills of employees through the
provision of on-the-job and formal training, job rotation and formal education
to meet identified skills needs. The
Department will consult with the parties in formulating its program.
Approved training will be conducted without loss of
pay.
11. Rostered Days
Off
11.1. Rostered Day Off
(RDO) provisions, as provided by Clause 2.
Hours - Day Workers of the Crown Employees (Skilled Trades) Award shall
apply to all employees along with the following provisions of this clause.
11.2. The parties
agree that employees will be eligible to take their monthly rostered days off
three weeks before or after the industry RDO.
There will be appropriate arrangement and prior agreement between
employees and the Department in determining rostered days off.
11.3. This will result
in Department’s projects having adequate numbers of employees on site to enable
work to continue when the remaining days are taken. No more than three RDO's may be accrued in a
twelve-month period.
11.4. There will be
appropriate records kept of the date an employee has their RDO and of RDO's
banked and subsequently used. These
records will be available for perusal by the employee, on request.
12. Performance
Management
12.1. The parties to
this Award are committed to the introduction of performance management for
employees. As part of this process a
performance management program shall be introduced for all employees immediately
after the making of this Award.
13. Relocation
Package
13.1. Negotiated
benefits for employees required by the Department to relocate will be agreed
with individual employee prior to relocation.
The benefits will be equal to, or better than, the current provisions of
the Crown Employees (Transferred Officers’ Compensation) Award.
13.2. The package of
variable individually negotiated benefits will be established to compensate for
the expenses and associated dislocation experienced by employees as a result of
relocating from one residential location to another residential location as a
necessary consequence of promotion, transfer (for other than disciplinary
reasons) or staff exchange to a new work location.
13.3. The scope of the
package must be defined in broad terms at the time of acceptance of the new
position.
14. Leave
14.1. All Awards,
Agreements and Determinations relating to leave continue to apply to employees
with the exception of the subclauses set out below.
14.1.1. Annual
Leave Loading
Annual leave loading was, and is, incorporated in wage
rates through a once only 1.35% wage increase paid under the terms of the NSW
Public Works Wages Staff Enterprise Agreement (1994 - 1995).
14.1.2. Family
And Community Service Leave
The Department Head shall grant to a staff member some,
or all of their accrued family and community service leave on full pay, for
reasons relating to family responsibilities, performance of community service
or emergencies. Where possible, non-emergency appointments or duties should be
scheduled or performed outside of normal working hours.
Such cases may include but not be limited to the
following:
Compassionate grounds - such as the death or illness of
a close member of the family or a member of the staff member's household;
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;
Emergency or weather conditions; such as when flood,
fire, snow or disruption to utility services etc., threatens a staff member’s
property and/or prevents a staff member from reporting for duty;
Attending to family responsibilities such as -
citizenship ceremonies, parent/teacher interviews or attending child's school
for other reasons;
Attendance at court by a staff member to answer a
charge for a criminal offence, only if the Department Head considers the
granting of family and community service leave to be appropriate in a
particular case;
Attendance as a competitor in major amateur sport
(other than Olympic or Commonwealth Games) for staff members who are selected
to represent Australia or the State; and
Absence during normal working hours to attend meetings,
conferences or to perform other duties, for staff members holding office in
Local Government, and whose duties necessitate absence during normal working
hours for these purposes, provided that the staff member does not hold a
position of Mayor of a Municipal Council, President of a Shire Council or
Chairperson of a County Council.
The definition of "family" or
"relative" in this clause is the same as that provided in paragraph
26.1 of clause 26 Carer’s Leave of the Crown Employees (Skilled Trades) Award.
The maximum amount of family and community service
leave on full pay which may, subject to this award, be granted to a staff
member shall be in accordance with paragraph (1) or in accordance with
paragraph (2) whichever is the greater:
2½ of the staff member’s working days in the first year
of service and on completion of the first years’ service, 5 of the staff
member’s working days in any period of 2 years; or
After the completion of 2 years continuous service, the
available family and community service leave is determined by allowing 1 days
leave for each completed year of service less the total amount of short leave
or family and community service leave previously granted to the staff member.
If available family and community service leave is
exhausted as a result of natural disasters, the Department Head shall consider
applications for additional family and community service leave, if some other
emergency arises.
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.
In cases of illness of a family member for whose care
and support the staff member is responsible, paid sick leave in accordance with
clause 26, Carer’s Leave of the Crown Employees (Skilled Trades) Award shall be
granted when paid family and community service leave has been exhausted.
A Department Head 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.
14.1.3. Sick
Leave
All sick leave absences in excess of one day’s duration,
and any sick leave absences that are adjoining to weekends, gazetted public
holidays and Rostered Days Off (RDO) must be supported by a medical certificate
or equivalent legal document, or such absence will be treated as leave without
pay.
For all other aspects of sick leave the Sick Leave
provisions of the Uniform (Ministerial) Leave Conditions apply except that an
employee upon completion of three months service shall be entitled to payment
for sick leave taken in the first three months up to a maximum of five working
days.
14.1.4. Paid
Parental Leave
Up to 1 week on full pay or 2 weeks on half pay
parental leave is available to employees who:
otherwise meet the requirements for taking parental
leave as set out in clause 31 General Leave Conditions and Accidental Pay of
the Crown Employees (Skilled Trades) Award; and
apply for parental leave within the time and the manner
determined by the Department Head; and
prior to the expected date of birth or taking custody
have completed not less than 40 weeks service.
The period of paid leave does not extend the current
entitlement of up to 12 months leave, but is part of it.
Parental leave is available to male or female staff.
14.1.5. Paid
Maternity Or Adoption Leave
The entitlement and conditions attached to paid
maternity or adoption leave remain unchanged, except that the quantum of leave
will be 14 weeks instead of 9 weeks. Leave may be taken at full pay, half pay
or as a lump sum.
14.1.6. Extended
Leave After 7 Years’ Service
Employees with 7 years or more service will be entitled
to take (or be paid out on resignation) extended leave in the usual
manner. The quantum of leave available
is that which would have applied if pro rata leave were granted. For example an
employee with 7 years’ service has a long service leave entitlement of 30.8
working days. Calculations for other
periods of service are set out at Chapter 6-7 of the Personnel Handbook.
There is no requirement for an employee with 7 or more
years of service to have been terminated or to have left employment because of
illness, incapacity or domestic or other pressing necessity to claim an
entitlement. No repayment will be required if an employee does not reach 10
years’ service.
14.1.7. Double
Pay Extended Leave
An employee with an entitlement to extended leave may
elect to take leave at double pay. The
additional payment will be made as a non-superable taxable allowance payable
for the period of the absence from work. The employee's leave balance will be
debited for the actual period of the absence from work and an equivalent number
of days as are necessary to pay the allowance.
For example, an employee with an extended leave balance
of 50 working days wishing to take
extended leave at double pay take 25 working days leave from work,
reducing their leave balance to 25 days. A further 25 working days will be
debited from the employee balance to cover payment of the non-superable taxable
allowance.
Other leave entitlements, e.g., recreation leave, sick
leave and extended leave will accrue at the single time rate where an employee
takes long service leave at double time.
Superannuation contributions will only be made on the
basis of the actual absence from work, i.e., at the single time rate.
Where an employee elects to take extended leave at double pay, in most cases a minimum
period of absence of 1 week should be taken, i.e., 1 week leave utilising 2
weeks of accrued leave.
14.1.8. Public
Holidays Whilst On Extended Leave
From 1 January 2005, public holidays that fall whilst
an employee is on a period of extended leave will be paid and not debited from
an employee’s leave entitlement.
In respect of public holidays that fall during a period
of double pay extended leave an employee will be not be debited in respect of
the leave on a public holiday.
The employees leave balance will however be reduced by
an additional day to fund the non-superable taxable allowance.
15. Grievance and
Dispute Resolution
15.1. Subject to the
provisions of the Industrial Relations Act 1996, all grievances and disputes
relating to the provisions of this award or any other industrial matter 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.
15.2. An employee is
required to notify, preferably in writing, 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.
15.3. The immediate
supervisor or manager shall convene a meeting in order to resolve the
grievance, dispute or difficulty within two working days, or as soon as
practicable, of the matter being brought to attention.
15.4. If the matter
remains unresolved with the immediate supervisor or manager, the employee may
request to meet the appropriate person at the next level of management in order
to resolve the matter. This supervisor
or manager shall respond within two working days, or as soon as
practicable. The wages employee may
pursue this sequence of reference to successive levels of management until the
matter is referred to the appropriate Group General Manager or their nominated
representative.
15.5. If the matter
remains unresolved, the Group General Manager or their nominated representative
shall provide a written response to the employee 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.
15.6. An employee may,
at any stage of these procedures, request to be represented by their union and
the Department will agree to such request.
15.7. Should the
matter not be resolved within a reasonable time, any of the parties may refer
it to the New South Wales Industrial Relations Commission for settlement. The employee, union and Department shall
agree to be bound by any order or determination by the New South Wales Industrial
Relations Commission in relation to the dispute.
15.8. Whilst the
procedures outlined in 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 a case involving WH&S, if
practicable, normal work shall proceed in a manner which avoids any risk to the
health and safety of any Departmental employee or member of the public.
16. Anti-Discrimination
16.1. 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.
16.2. 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.
16.3. 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.
16.4. Nothing in this
clause is to be taken to affect:
any conduct or act which is specifically exempted from
anti-discrimination legislation;
offering or providing junior rates of pay to persons
under 21 years of age;
any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination Act
1977;
a party to this award from pursuing matters of unlawful
discrimination in any State or federal jurisdiction.
16.5. 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.
16.6. Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
16.7. 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."
17. Consultative
Arrangements
17.1. The parties to
this Award will establish a Consultative Working Party. This Working Party shall generally act to
oversee and assist implementation of the Award and all other industrial matters
affecting groups of employees, but not concerns which are individual in nature.
17.2. The Consultative
Working Party shall meet within one month of the registration of this Award and
thereafter on a frequency of every two months, according to its constitution,
or as otherwise agreed between the parties.
17.3. The Consultative
Working Party may form Working Groups to examine specific issues for report
back to the Working Party.
17.4. The Consultative
Working Party shall consist of a total of six Union workplace representatives,
reflecting the structure of the workplace.
17.5. Where possible,
each of the main Unions party to this Award will have at least one workplace
representative. The main Unions are:
Construction, Forestry, Mining and Energy Union
(Construction and General Division), NSW Divisional Branch
Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing
Division, NSW Branch.
Electrical Trades Union of Australia, New South Wales
Branch
Australian Workers’ Union, Greater New South Wales
Branch
17.6. Mass Meetings
17.6.1. Mass
meetings on paid time, at the most appropriate Regional or Metropolitan centre,
may be held as agreed between the parties.
The Department will not unreasonably withhold agreement to such
meetings, with at least one meeting per year to be held.
18. Workplace
Representatives
18.1. Employees
elected as delegates in the Group or Business Unit in which they are employed
shall, upon notification to the Department, be recognised as accredited
representatives of the union(s) and they shall be allowed the necessary time
during working hours to interview management representatives and the employees
whom they represent, on matters affecting the employees whom they represent.
18.2. Trade Union
Training
The Department agrees to provide the appropriate level
of paid Trade Union education leave to wages employee representatives up to a
maximum of twelve days in any two year period, subject to the approval of such
leave being consistent with operational requirements.
19. Deduction of
Union Subscriptions
19.1. Subject to an
employee making written authorisation, the Department shall deduct from the
employee's remuneration, subscriptions payable to a nominated industrial
organisation of employees and shall pay the deducted subscriptions to such
organisation.
20. Private Use of
Business Vehicles
20.1. Employees, in
accordance with the Department’s Motor Vehicle Policy and subject to availability
of motor vehicles and management approval, may use Departmental vehicles for
private purposes.
21. Relationship
to Awards, Agreements Etc.
21.1. This Award shall
be read and interpreted in conjunction with the Awards and Agreements
("the Instruments") covering the Department and its employees,
provided that where there is any inconsistency between this Award and the
Instruments, this Award shall prevail to the extent of the inconsistency.
21.2. In particular,
allowances and special rates specified as follows shall continue to operate
unless varied by this Award:
Crown Employees (Skilled Trades) Award.
Clause 4 - Allowances
22. Award Safety
Net
22.1. If the NSW
Industrial Relations Commission (IRC) increases the wage rates and allowances in
Awards relevant to the Department which previously applied to an employee's
position to an amount above that payable to an employee under this Award, then
the Department will pay the higher amount in lieu of the wage rates and
allowances in this Award.
22.2. Such higher
rates shall be paid from the date ordered by the IRC.
22.3. Should the IRC
increase wage rates and allowances in the Award which previously applied to an
employee's position to an amount still below that payable to an employee under
this Award, then the Department will continue to pay the higher amount set out
in this Award in lieu of the Award wage rates and allowances.
22.4. The wage rate
increase of 1.35%, paid for the inclusion of leave loading in wage rates, shall
not be taken into account when considering the relative wage rates mentioned in
the preceding paragraph.
23. Leave Reserved
23.1. Leave is
reserved to any party to the award in relation to the following matters:
23.1.1. The
implications of any negotiated outcome between the parties or arbitrated
decision with regard to the Secure Employment Test Case on employees covered by
the award.
23.1.2. The
inclusion in the award of a suitable Trade Union Delegates Activities clause,
with specific reference to the provisions existing within the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
24. Assistance
With Public Transport
24.1. The Department
will provide funds for the purchase of yearly rail, bus and ferry tickets (or
combinations of these) for employees who require them.
24.2. Employees will
repay the cost of the ticket over 12 months through regular fortnightly
deductions from after tax salary.
25. No Extra Claims
25.1 The parties agree
that, during the term of this award, there will be no extra wage claims, claims
for improved conditions of employment or demands made with respect to the
employees covered by the award and, further, that no proceedings, claims or
demands concerning wages or conditions of employment with respect to those
employees will be instituted before the Industrial Relations Commission or any
other tribunal.
The terms of the preceding paragraph do not prevent the
parties from taking any proceedings with respect to the interpretation,
application or enforcement of existing award provisions.
APPENDIX Two
APPRENTICES
Apprentices employed pursuant to the terms of the Crown
Employees (Skilled Trades) Award shall be employed under the terms of this Award
and the Crown Employees (Skilled Trades) Award with the following exceptions.
1. Leave
Clause 15. - Leave of this Award shall have effect to
the extent that it is inconsistent with Clause 30 - General Leave Conditions
and Accident Pay of the Crown Employees (Skilled Trades) Award and the Uniform
(Ministerial) Leave Conditions.
2. Wages -
Refer to Part B Table 3
3. Fortnightly
Payment
Wages staff shall be paid fortnightly.
The Department shall not keep more than five days pay
in hand.
4. Electrical
Trade Apprentices
Apprentices to the electrical/electronic trades shall
be paid Excess Fares and Travelling Time according to the provisions generally
applying to building tradespersons under subclause 13.1 of this Award.
Apprentices to the electrical/electronic trades shall
be paid Tool Allowance at the rate of $44.20 per fortnight in lieu of the Crown
Employees (Skilled Trades) Award provision.
5. Building
Trade Apprentices
Building trade apprentices will be paid Excess Fares
and Travelling Time according to the provisions of Part B - Allowances of this
Award.
6. All Purpose
Payment in Lieu of Certain Allowances
All allowances set out in clauses 4 and 15, other than
the exemptions mentioned below, of the Crown Employees (Skilled Trades) Award shall
not be paid to apprentices.
At clause 4, Allowances, all sub-clauses except:
(4) Electricians
(6) Plumber and
Drainer
(12) Registration
Allowance
(41) Asbestos
(44) Asbestos
Eradication
In recognition that apprentices will continue to work
under circumstances that previously attracted allowance payments pursuant to
the above-specified subclauses, payments for all purposes of this Award shall
be made. The payments shall be as
follows:
2002
$38.10 per fortnight for all Heritage and Building Services
Group apprentices, other than plumbing apprentices.
$43.30 per fortnight for plumbing apprentices.
1.1.2003
$39.60 per fortnight for all Heritage and Building
Services Group apprentices, other than plumbing apprentices.
$45.00 per fortnight for plumbing apprentices.
1.7.2003
$41.60 per fortnight for all Heritage and Building
Services Group apprentices, other than plumbing apprentices.
$47.30 per fortnight for plumbing apprentices.
(Plumbing apprentices will no longer be able to claim
separate payment for chokages or fouled equipment.)
APPENDIX THREE
COMPETENCY BASED PROMOTION FROM WAGES STAFF
LEVEL 2, 3 OR 4
Further to the memorandum of agreement between various
Public Sector employers and Unions with respect to the second tier wage
increase in the Crown Employees (Skilled Tradesmen) Award from 1988, competency
development involves multi-skilling.
Competency based promotion will not be offered to
duration staff until their reclassification to permanent status or to
apprentices within 12 months after completion of their indentures.
BUILDING GROUP TRADES
Should a Building Group tradesman achieve the
additional "standard" competencies for Building Group trades staff,
competency based promotion to level 5 can occur. The additional "standard"
competencies must be exercised in rectification/make good circumstances to a
standard such that a specialist tradesperson in the additional competency is
not required to make any further rectification work. The relevant District Manager shall conduct
assessment and certification of the additional "standard"
competencies and additional specific competencies for each employee.
ADDITIONAL "STANDARD" COMPETENCIES FOR
BUILDING GROUP TRADES:
SCAS (ability to perform field surveys and tabulate
data manually. Introduction of any new technologies will be negotiated
separately.)
Floor/Wall Tiling
Painting
Gyprock/Ceiling Fixing
Concreting/Brickwork
Fencing
Site Restoration (int/ext)
Glazing or Roof Glazing
First Aid Certificate
HERITAGE SERVICES GROUP TRADES
Should a Heritage Services Group employee employed
achieve the additional "standard" competencies for Heritage Services
Group Trades staff and the required additional specific competencies set out
for that trade, competency based promotion to level 5 can occur. The additional "standard" and
"specific" competencies must be exercised in rectification/make good
circumstances to a standard such that a specialist tradesperson in the
additional competency is not required to make any further rectification
work. Specific competencies are integral
to the work undertaken by Heritage Services and staff must be proficient to
tradesman levels with no limit to application of the competency. The Section Managers, Heritage Services,
shall conduct assessment and certification of the additional
"standard" competencies and additional specific competencies for each
employee.
ADDITIONAL "STANDARD" COMPETENCIES FOR
HERITAGE SERVICES GROUP
Floor/Wall Tiling
Painting or Forklift Operation
Gyprock/Ceiling Fixing
Concreting/Brickwork
Site Restoration (int/ext)
First Aid Certificate
ADDITIONAL SPECIFIC COMPETENCIES FOR HERITAGE SERVICES
GROUP TRADES:
Plumber
|
Painter
|
Stonemason
|
(2 required)
|
(2 of 3 required)
|
(2 required)
|
|
|
|
Slatework
|
Gold Leaf/Stencil Work
|
Operate Factory Machines
|
Lead/Copper Work
|
Signwriting
|
Work & Fix Complicated Stones
|
|
Glazing (measure, cut & fix)
|
|
|
|
|
Electrician
|
Carpenter
|
Stone Cutters
|
|
|
|
Data Cabling
|
Glazing
|
Competent on all machines
|
|
Rendering/Gyprock
|
Competent Crane Operation
|
|
|
|
STONEMASONS
For the above purposes, complicated stones are those
that:
Are typified by such properties as having more than one
mould/template or having a high degree of marking out or existing in two or
more planes.
Examples include:
baluster dies, finials, gothic mould tracery, stones of
exceptional size that require a high degree of accuracy, pediment springers,
ramp and twists, dentils, columns and capitols, and stones that require letter
cutting.
Should there be any disagreement over the
classification of the stone the Factory Co-ordinator and Stonemasonry Manager
will adjudicate.
LABOURERS
Should an employee employed as a labourer achieve all
the additional competencies set out below for that occupation, competency based
promotion to level 4 can occur. The
additional competencies must be exercised in rectification/make good
circumstances to a standard such that a specialist tradesperson in the
additional competency is not required to make any further rectification
work. The relevant District Manager,
Building Group or the Section Manager, Heritage Services, shall conduct
assessment and certification of the additional specific competencies for each
employee.
ADDITIONAL COMPETENCIES FOR LABOURERS:
Floor/Wall Tiling
Rendering
Painting
Gyprock/Ceiling Fixing
Brickwork
Fencing
First Aid certificate
Should a the Department Wages employee Level 3 in
receipt of a leading hand allowance achieve competency-based promotion to Level
4, then payment of the leading hand allowance will cease.
A the Department Wages employee level 2 or 3 in receipt
of a leading hand allowance who achieves competency based promotion to Level 4
will not suffer a loss of remuneration.
GENERAL
Should a the Department Wages employee Level 4 in
receipt of a leading hand allowance achieve competency based promotion to Level
5, then payment of the leading hand allowance will cease.
Should an employee request in writing, and be willing
to undertake, the training required to achieve competency based promotion to
Wages employee Level 4 or 5 and have that training denied by the Department,
then the relevant competency based promotion will be granted 12 months after
the original date of the request for training.
The Department of Wages employee Level 2, 3 or 4 denied
competency based promotion by the relevant District Manager or the Section Managers,
Heritage Services shall have rights of appeal against that decision to a panel
consisting of the Heritage and Building Services Group Resource Manager, a
Section/District Manager other than the maker of the original decision and a
nominee of the relevant union. Should
the matter remain unresolved it will be referred to an external assessor. In all other respects, the appeal process
will duplicate that used for promotion appeals within the Heritage and Building
Services Group.
PART B
RATES & ALLOWANCES
Rates
From 1 July 2016 the rates of pay set out under the
heading From 1.7.2016 shall be payable.
These rates represent a 2.50% wage increase from 1 July 2016.
Table 1 - Wages Classification and Salary Schedules
Classification
|
Rate per fortnight
|
|
|
From 1.7.2016
|
|
|
$
|
L1
|
(92%)
|
1,911.51
|
L2
|
(95%)
|
1,975.35
|
L3
|
(97.5%)
|
2,029.25
|
L4
|
(100%)
|
2,077.64
|
L5
|
(105%)
|
2,194.81
|
L6
|
(110%)
|
2,285.57
|
L7
|
(115%)
|
2,389.58
|
L8
|
(120%)
|
2,493.03
|
L9
|
(126%)
|
2,618.17
|
L10
|
(133%)
|
2,755.10
|
|
(135%)
|
2,814.21
|
L11
|
(139%)
|
2,869.63
|
|
|
2,958.16
|
|
(147%)
|
3,065.88
|
L12
|
(152%)
|
3,161.13
|
|
(156%)
|
3,253.61
|
Progression from Level 6 to Level 7 and from Level 10 to
Level 11 shall be on the basis of satisfactory performance and the
demonstration of appropriate competency.
Such progression shall be on the determination of the Department.
(2) Employees
required to hold trade certificates, or the equivalent, for the below named
trades shall be paid a Special Allowance for all purposes of this Award as
follows:
|
Rate per fortnight
|
|
From 1.7.2016
|
|
$
|
Stonemason-carvers
|
139.01
|
Electricians
|
139.01
|
Plumbers
|
21.97
|
(3) The Definition,
Scope of Work, Level of Skill and Quality, Safety and General Responsibilities
for each level is detailed in the 12 Level classification structure, set out at
Appendix 1.
Table 2 - Survey and Spatial Classification and Salary
Schedules
|
|
From
|
|
|
1.7.2016
|
|
|
$
|
L1
|
(92%)
|
1,815.37
|
L2
|
(95%)
|
1,884.39
|
L3
|
(97.5%)
|
1,935.82
|
L4
|
(100%)
|
1,981.97
|
Table 3 - Apprentice Classification and Safety Schedules
|
From
|
|
1.7.2016
|
|
$
|
1st year
|
1,010.21
|
2nd year
|
1,294.28
|
3rd year
|
1,626.54
|
4th year
|
1,858.45
|
Allowances
Conditions of Employment - Allowances
In general, the conditions of the Crown Employees (Skilled
Trades) Award shall apply to employees to simplify administration and provide
consequent savings.
Specific conditions relating to;
Excess Fares and Travelling Time
Distant Work
Payment for Loss of Tools
Overtime
Tool Allowance
shall operate as provided by this clause.
(1) Fares And
Travelling Time
An allowance of $22.70 per day, comprising of $13.60
for fares and $9.10 for travelling time,
(including the Rostered Day Off) shall be paid to employees to compensate for
fares and travelling time to and from places of work, provided that only the
travelling time component of the allowance shall be payable if the Department
provides, or offers to provide transport free of charge to the employee and
that offer is refused.
An employee, who on any day is required to work at a
site away from their accustomed workshop and who shall, at the direction of the
Department, present for work at such site at the usual starting time, shall be
paid this allowance for each such day.
Where an employee is sent during working hours from a
shop to a site, or a site to a shop, or from a shop to a shop, or from a site
to a site, the Department shall pay all travelling time and fares incurred in
addition to the amounts the Department may be liable to pay under this clause.
Where an employee is required to use their private
vehicle to transfer from one work site to another during working hours the
employee shall be paid an allowance of $0.81 per kilometre.
An employee using a motor vehicle for work must have
for the vehicle a valid Third Party insurance policy and a comprehensive motor
vehicle insurance policy to an amount and in a form approved by the Department.
The provisions of Clause 16 - Dispute Resolution of
this Award shall be used to resolve any problems concerning the operation of
this clause.
The provisions of this subclause do not apply to
employees classified as Staff (Wages) Level 8 or above.
(2) Distant Work
The provisions of this clause apply only to employees employed
in non-metropolitan Departmental Regions.
This clause does not apply to employees employed in the Newcastle,
Central Coast, Sydney and Wollongong metropolitan areas.
For the purpose of this clause, Distant Work is that in
respect of which the distance or the travelling facilities to and from such
places of work make it reasonably necessary that the employee should live and
sleep at some place other than their usual place of residence at the time of
commencing such work. Provided that if
the employee, whilst employed on Distant Work, changes their usual place of
residence or any further change thereof (if made whilst employed on Distant
Work) shall be the usual place of residence for determination whether the work
is Distant Work within the meaning of this clause.
Provided further that after the expiration of four
weeks, this clause shall not apply to an employee who is appointed to work as a
regular employee at a permanent workshop whilst working at such workshop.
While on Distant Work, a majority of employees
concerned and Departmental management may mutually agree that ordinary working
hours may be worked up to a maximum of twelve hours per day on any day of the
week.
Providing that the employees concerned and Departmental
management will mutually agree, in accordance with the Department’s
convenience, whether additional time worked is taken as time off in-lieu of
payment at ordinary rates at either:
the completion of the project; or
within three months of its being worked; or
is paid at ordinary rates.
An employee engaged on Distant Work shall be conveyed
with tools to and from at the Department’s expense. Such conveyance shall be made only once
unless the employee is recalled and sent again to the place of work when it
shall be made each time that this happens, provided that the return fares and
travelling time need not be paid to a employee:
who leaves of their own free will; or
is dismissed for misconduct
before the completion of the job, before being three
months in such employment, whichever first happens, or is dismissed for
incompetence within one week of engagement.
Time occupied in travelling to and from Distant Work
shall be paid for at ordinary rates, provided that no employee shall be paid more
than an ordinary day's wages for any day spent in travelling unless the
employee is on the same day occupied in working for the Department. The employee shall be paid also an amount of
$21.00 to cover the expenses, if any, of reaching home and of transporting
tools.
On Distant Work the Department shall provide reasonable
board and lodging or pay an allowance of $64.00 per day for each day residing
away from the usual place of residence or $447.10 per week of seven days but
such allowance shall not be wages.
Reasonable board and lodging for the purpose of this
clause shall mean lodging in a well-kept establishment with adequate
furnishings, good bedding, good floor coverings, good lighting, good heating,
hot and cold running water in either a single room or a twin room if a single
room is not available.
Where an employee is engaged upon distant jobs and is
required to reside elsewhere than on site they shall be paid the fares and
travelling time allowance prescribed by this clause.
An employee on Distant Work, after three months
continuous service, and thereafter at three monthly intervals, may return home
at the weekend and shall be paid the fares reasonably incurred in so travelling
home and to the place of work, provided however, that if the work upon which
the employee is engaged will be completed within twenty-eight days after the
expiration of any such period of three months, as hereinbefore mentioned, then
the provision of this subclause shall not be applicable.
The employee shall inform the Department in writing of
subsequent change to the usual place of residence.
If the Department and an employee engaged on Distant
Work agree in writing, the paid Rostered Day Off prescribed in the Award may be
taken and paid for at a time mutually agreed.
The agreement shall only apply for a paid day or days off work up to
maximum accrual of five days.
In general terms, the Department’s policy for employees
is that the provisions of the Distant Work Clause apply where the work site is
situated more than 95 kilometres from the Depot or Post Office of the town in
which the employee is based and the employee lives away from home for the
period of the job.
The only exceptions to this rule would be in rare
cases, such as where road conditions or special circumstances make it
unreasonable or uneconomic to apply. In
such circumstances local Departmental management has discretion to apply
Distant Work provisions on sites situated less than 95 kilometres from the
Depot or Post Office, subject to written justification being recorded on the
job file and signed by the local Departmental management representative. The employee must live away from home to
receive payment under these circumstances.
(3) Payment For
Loss of Tools
(a) An employee
shall be reimbursed by the Department to a maximum of $1628.00 for loss of
tools or clothes by fire or breaking and entering whilst securely stored at the
direction of the Department in a room or building on Department premises, job
or workshop or in a lock-up or if the tools are lost or stolen while being
transported by the employee at the Department’s direction, or if the tools are
accidentally lost over water or if tools are lost or stolen during an
employee's absence after leaving the job because of injury or illness.
Provided that an employee transporting their own tools
shall take all reasonable care to protect those tools and prevent theft or
loss.
(b) Where an
employee is absent from work because of illness or accident and has advised
Department, then the Department shall ensure that the employee's tools are
securely stored during the employee's absence.
(c) Provided that
for the purposes of this subclause:
Only tools used by the employee in the course of their
employment shall be covered by this subclause.
The employee shall, if requested to do so, furnish the
Department with a list of tools so used.
Reimbursement shall be at the current replacement value
of new tools of the same or comparable quality.
The employee shall report any theft to the police prior
to making a claim on the Department for replacement of stolen tools.
It is assumed that the Department has directed staff to
store their tools (as detailed above) unless otherwise directed not to.
(4) Overtime
Overtime provisions, including payment for meals, as
provided by clause 9, Overtime of the Crown Employees (Skilled Trades) Award
shall apply to all employees.
An employee may opt to take time-off in lieu of paid
overtime at the same rate at which the overtime was accrued, subject to
management agreement. Any such time-off
will be taken within an agreed time and not later than 3 months of the working
of the overtime. An employee, subject to
management agreement, may take part time-off in lieu and part payment for
overtime.
(5) Tool Allowance
Tool Allowances payable to Wages Staff shall be those
set out in the following table:
Trade Description
|
Rate per fortnight
|
|
$
|
Carpenter/Joiner
|
58.20
|
Stonemason-carver
|
58.20
|
Stonemason
|
58.20
|
Plumber
|
58.20
|
Electrician
|
58.20
|
|
|
Plasterer
|
58.20
|
|
|
Bricklayer
|
41.60
|
|
|
|
|
Slater & Tiler
|
30.40
|
|
|
Painter
|
14.20
|
(6) Thermostatic
Mixing Valves Allowance
An employee who is required by the Department to act on
their thermostatic mixing valve licence shall be paid $0.65 per hour, while
undertaking inspection and certification of thermostatic mixing valves.
(7) Allowances
Review
Increases in Expense Related Allowances payable under
the Awards listed in Clause 22 of this Award shall be paid, as appropriate, to
employees covered by this Award. Payment
of increases shall be made from the same operative date as Award variations.
Expense Related Allowances include:
Tool Allowance
Meal Allowance
Excess Fares and Travelling Time
Distant Work Allowances
Wage Related Allowances shall increase by the same
percentage amount, and from the same operative date, as rates of pay increase
under this Award.
(8) All Purpose
Payment in Lieu of Certain Allowances
The provisions of this subclause do not apply to:
Wages Staff employees Levels 9, 10, 11 and 12.
Wages Staff employees who have no entitlement to
allowances payable under the Crown Employees (Skilled Trades) Award.
All allowances set out in clauses 4 and 15, other than
the exemptions mentioned below, of the Crown Employees (Skilled Trades) Award
shall not be paid to Wages Staff employees of any Level.
At clause 4, Allowances, all subclauses except:
(4) Electricians
(6) Plumber and
Drainer
(12) Registration Allowance
(41) Asbestos
(44) Asbestos
Eradication
In recognition that employees will continue to work
under circumstances that previously attracted allowance payments pursuant to
the above specified clauses, payments for all purposes of this Award shall be
made. The payments shall be as follows:
From 5.7.2013
$58.20 per fortnight for all Heritage and Building
Services Group employees other than slaters, plumbers and plumbing apprentices.
$65.47 per fortnight for slaters, plumbers and plumbing
apprentices.
(Plumbers and plumbing apprentices will no longer be
able to claim separate payment for chokages or fouled equipment.)
Should circumstances arise where the payment of the
allowance prescribed by this subclause for plumbers becomes consistently
disadvantageous when compared to payment through the claiming of allowances as
set out in the Crown Employees (Skilled Trades) Award, then the Department and
the Union will review the situation. Any
result of such a review that results in the requirement to amend this subclause
will be presented as a consent matter by the Department and the Union.
(9) Driving Van
Allowance
Department Wages Staff employees allocated and
responsible for commercial vehicles containing Departmental plant and
equipment, which are parked at the premises of the employee overnight, shall be
paid a flat allowance of $2.69 per day.
This allowance is paid daily for each day worked and is not paid for all
purposes of this Award. It shall be
treated as a wage related allowance for the purpose of future increases.
I.
TABBAA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.