Crown
Employees (Research Scientists) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 76 of 2012)
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Before The Honourable
Mr Justice Staff
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27 March 2012
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REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Classification
as a Research Scientist
4. Salaries
5. Increments
and Progression
6. Calculation
of Service
7. Anti-Discrimination
8. Grievance
and Dispute Settling Procedures
9. Relationship
to Other Awards
10. No Extra
Claims
11. Area, Incidence
and Duration
PART B
MONETARY RATES
Table 1 - Salaries
1. Title
This Award shall be known as the Crown Employees (Research
Scientists) Award 2007.
2. Definitions
"Association" means the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales
"Committee" means the Research Scientist
Classification Committee convened by the Public Service Commissioner .
"Director-General, Department of Premier and
Cabinet" is as defined in the Public Sector Employment and Management
Act 2002.
"Division" means a public service division of
the Government Service specified in Column 1 of Part 1 of Schedule 1 of the Public
Sector Employment and Management Act 2002.
"Division Head" is as defined in the Public
Sector Employment and Management Act 2002.
"Employee" means all persons permanently or
temporarily employed subject to Chapter 2 of the Public Sector Employment
and Management Act 2002.
"Guidelines" means the ‘Research Scientist
Classification Policy and Guidelines’ issued from time to time by the Public
Service Commissioner.
"Public Service Commissioner" is as defined
in the Public Sector Employment and Management Act 2002.
"Service" means continuous service worked within
the classification as set out in this Award.
3. Classification as
a Research Scientist
(a) The Public
Service Commissioner on recommendation of the Committee, approves the
classification of public sector employees as Research Scientists under this
Award.
(b) The Committee
makes recommendations regarding the entry to, continuation in, progression and
regression in, and cessation from the levels within the Research Scientists
classification, namely Research Scientist, Senior Research Scientist, Principal
Research Scientist or Senior Principal Research Scientist.
(c) The Committee
makes these recommendations in accordance with the criteria contained in the
Guidelines.
4. Salaries
(a) The salary rates
for the levels of Research Scientist, Senior Research Scientist, Principal
Research Scientist and Senior Principal Research Scientist are set out in Table
1 of Part B, Monetary Rates, of this Award.
(b) An employee
temporarily employed under the provisions of Chapter 2 of the Public Sector
Employment and Management Act 2002 is paid the weekly equivalent of the annual
salary prescribed in Table 1 - Salaries.
(c) The salaries of
employees covered by this Award are adjusted to the appropriate rate prescribed
by this Award on the basis of years of service. Employees are deemed to have the years of service indicated by
the salary received under the scale in force immediately prior to the operative
date of this Award.
(d) The salary rates
in Table 1 - Salaries, of Part B, Monetary Rates, are set in accordance with
the Crown Employees (Public Sector - Salaries 2008) Award and any variation or
replacement award.
5. Increments and
Progression
(a) In accordance
with clause 16, Increments of Part 3, Conditions of Service of the Public
Sector Employment and Management (General) Regulation 1996, the payment of an
increment is subject to the satisfactory conduct of, and the satisfactory
performance of duties by, the employee as determined by the appropriate
Division Head.
(b) Progression
beyond efficiency barriers, and to the levels of Senior Research Scientist,
Principal Research Scientist and to Senior Principal Research Scientist is
approved by the Public Service Commissioner
on recommendation by the Committee in accordance with the Guidelines.
6. Calculation of
Service
In calculating years of service for the purpose of this
Award, the following periods are not taken into account:
(a) Any period in
respect of which an increment is refused in accordance with clause 16,
Increments, of Part 3, Conditions of Service of the Public Sector Employment
and Management (General) Regulation 2009;
(b) Any leave of
absence without pay exceeding five days in any incremental year;
(c) Any period
necessary to give full effect to a reduction in salary imposed under
sections 47 and 48 of Part 2.7,
Discipline and conduct of officers of the Public Service, of the Public
Sector Employment and Management Act 2002.
7.
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.
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."
8. Grievance and
Dispute Settling Procedures
(a) 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 the appropriate
Division, if required.
(b) An employee 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.
(c) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the employee to advise their immediate
manager, the notification may occur to the next appropriate level of
management, including, where required, to the Division Head or Delegate.
(d) The immediate
manager, or other appropriate officer, 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.
(e) If the matter
remains unresolved with the immediate manager, the employee 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 working days, or as soon as practicable. The employee may pursue the sequence of reference to successive
levels of management until the matter is referred to the Division Head.
(f) The Division
Head may refer the matter to the Director-General, Department of Premier and
Cabinet for consideration.
(g) If the matter
remains unresolved, the Division Head 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.
(h) An employee, at
any stage, may request to be represented by the Association.
(i) The employee or
the Association on their behalf, or the Division Head may refer the matter to
the Industrial Relations Commission of New South Wales if the matter is
unresolved following the use of these procedures.
(j) The employee,
Association, Division and Director-General, Department of Premier and
Cabinet shall agree to be bound by any
order or determination by the Industrial Relations Commission of New South
Wales in relation to the dispute.
(k) Whilst the procedures
outlined in subclauses (a) to (k) 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 employee or member
of the public.
9. Relationship to
Other Awards
Employees are entitled to the conditions of employment
provided by this Award, the Public Sector Employment and Management Act
2002, and the Public Sector Employment and Management (General) Regulation
2009. The provisions of the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 and Crown Employees (Public Sector - Salaries
2008) Award or any replacement award, also apply to employees covered by this
Award, except where specifically varied by this Award or some other award.
10. No Extra Claims
This Award is taken to satisfy any claims in respect of
work value arising from the Senior Principal Research Scientist (SPRS) level up
to and including the date that this Award is made. Nothing in this Award
affects the operation of clause 9 of the Crown Employees (Public Sector -
Salaries 2008) Award or any replacement award.
11. Area, Incidence
and Duration
(a) This Award
applies to employees defined in clause 2, Definitions.
(b) The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 27 March 2012.
Changes made to this award subsequent to it first being
published on 6 July 2007 (362 I.G. 1076) have been incorporated into this award
as part of the review.
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 - Salaries
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1.7.11
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Per Annum
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$
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Classification levels
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Research Scientist -
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1st year of service
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78,462
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2nd year of service
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82,491
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3rd year of service
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86,829
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4th year of service
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90,426
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Efficiency Barrier
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5th year of service
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94,826
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6th year of service
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98,673
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7th year of service
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102,572
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Senior Research Scientist -
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1st year of service
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104,575
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2nd year of service
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107,710
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3rd year of service
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111,025
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Efficiency Barrier
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4th year of service
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114,457
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5th year of service
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118,200
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Principal Research Scientist -
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1st year of service
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122,128
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2nd year of service
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124,920
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3rd year of service
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128,094
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Senior Principal Research Scientist -
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1st year of service
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137,327
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2nd year of service
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147,318
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Efficiency Barrier
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3rd year of service
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159,869
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C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.