CROWN EMPLOYEES (SCHOOL ADMINISTRATIVE AND SUPPORT STAFF, GENERAL
ASSISTANTS IN SCHOOLS) STANDDOWN AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5654 of 2003)
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Before The Honourable
Mr Deputy President Harrison
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3 February 2004
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REVIEWED AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Anti-Discrimination
4. Payment
During School Vacations
5. Area,
Incidence and Duration
Schedule A
2. Definitions
2.1 "Employee"
means and includes persons employed as school administrative and support staff
under section 21 of the Education (School Administrative and Support Staff
Act 1987 and persons employed as general assistants under section 27 of the Public
Sector Employment and Management Act 2002.
2.2 "School
administrative and support staff" means and includes persons employed as Aboriginal
education assistants, school assistants, senior school assistants, teachers
aides (Pre-school), teachers aides (special), teachers aides (Braille
transcriber), teachers aides (sign interpreter and teacher aides (ethnic).
2.3 "Parties"
means the New South Wales Department of Education and Training and the Public
Service Association and Professional Officers’ Association Amalgamated Union of
New South Wales.
3.
Anti-Discrimination
3.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relation 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.
3.2 It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by the Crown Employees (School Administrative and Support Staff)
Award or the Crown Employees (General Assistants in Schools - Department of
Education and Training) (State) 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.
3.3 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 in a complaint of unlawful
discrimination or harassment.
3.4 Nothing in
this clause is to be taken to affect:
3.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
3.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
3.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
3.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
3.5 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.
4. Payment During
School Vacations
4.1 When schools
are in recess and employees are not required to work they shall be paid half
ordinary pay for the period of recess provided that they are continuously
employed for the full school term immediately preceding and for the full school
term immediately following the recess.
Provided that where an employee takes leave without
pay, in accordance with the Crown Employees (School Administrative and Support Staff)
Award or Part 6 Division 6 of the Public Sector Employment and Management
(General) Regulation 1996, exceeding five continuous days in a school term, the
period of the school vacation next following such leave for which payment is
made pursuant to this clause shall be reduced proportionately. A period of
leave without pay of five continuous days or less shall not lead to a reduction
in award entitlement.
4.2 Subclause 4.1
shall not apply in the first four weeks of the summer vacation whether or not the
employee is receiving payment for recreation leave pursuant to the Crown
Employees (School Administrative and Support Staff) Award or Part 6 Division 8
of the Public Sector Employment and Management (General) Regulation 1996, or
when the employee is being paid for a public holiday.
5. Area, Incidence
and Duration
5.1 This award
shall apply to all employees as defined in clause 2, Definitions above.
5.2 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (School Administrative and
Support Staff, General Assistants in Schools) Standdown Award published 28 July 2000 (317 I.G. 296) and all variations thereof.
5.3 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 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 3 February 2004.
5.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
SCHEDULE A
Award and
Variations Incorporated
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Award/
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Date of
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Industrial
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Clause
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Variation
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Date of
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Taking
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Gazette
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Serial No.
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Publication
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Effect
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Volume
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Page
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Crown Employees (School
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B9089
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28/07/2000
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18/08/99
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317
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296
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Administrative and Support Staff,
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General Assistants in Schools)
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Standdown Award
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Variation (State Wage Case 2001)
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Anti-Discrimination clause
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C1016
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8 March 2002
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31 May 2001
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331
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1077
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Changes Made on
Review
Date of Effect: 3
February 2004
(1) Provisions Modified
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Award
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Clause
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Previous Form of
Clause
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Last Published at:
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I.G. Volume
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Page
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Crown Employees (School
Administrative and
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2.1
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317
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296
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Support Staff, General
Assistants in Schools)
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3.1
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317
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296
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Standdown Award
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4.1
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317
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297
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5.2
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317
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297
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5.4 (now 5.3)
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317
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297
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5.5 (now 5.4)
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(2) Provisions Removed
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Award
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Clause
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Previous Form of
Clause
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Last Published at:
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I.G. Volume
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Page
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Crown Employees (School Administrative and
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5.3
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Support Staff, General Assistants in Schools)
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Standdown Award
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(3) Rescinded Obsolete Awards Related to this
Review
Nil.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.