Crown Employees (NSW Department of Justice) State
Library Security Staff Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00006952)
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Title
3. Parties
to the Award
4. Salaries
5. Conditions
of Employment
6. Hours of
Work
7. Shift
Loadings
8. Incremental
Progression
9. Local
Arrangements
10. Deduction
of Union Membership Fees
11. Grievance
and Dispute Settling Procedures
12. Anti
Discrimination
13. Savings of
Rights
14. Area Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
PART A
1. Definitions
"The Crown Award" means the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 or any variation
or replacement Award.
"Department" means - The NSW Department of
Justice.
"Department Head" means - The Secretary of
the NSW Department of Justice.
"Industrial Relations Secretary” meansthe Secretary of Treasury as defined in
section 49 of the Act.
"PSA" means Public Service Association and Professional
Officers' Association Amalgamated Union of New South Wales.
"The State Library" means the State Library
of New South Wales.
2. Title
This Award shall be called the Crown Employees (NSW
Department of Justice) State Library Security Staff Award .
3. Parties to the
Award
The parties to the Award are the Industrial Relations Secretary and the PSA.
4. Salaries
(a) Salaries have
been annualised to include shift penalties except those for Public Holidays.
Shift loadings for Public Holidays will be paid in the next available pay after
working on a public holiday at the rate provided in the "Shift Work and
Overtime" provisions of the Crown Award. The annualised salary rate will
be the salary rate for all purposes including calculating overtime, holidays,
leave loading, superannuation and long service leave.
(b) The annualised
salaries provided for in this award are calculated by using the shift loadings
contained in the "Shift Work and Overtime" provisions of the Crown
Award.
(c) Staff employed
under this award shall be eligible to receive the more favourable of leave
loading or shift penalties when proceeding on recreation leave in accordance
with the "Leave" provisions of the Crown Award.
(d) Salaries paid
to staff employed as Security Officers at the State Library will be as per
Table 1 of Part B of this Award.
5. Conditions of
Employment
(a) Except as
where varied by this Award conditions of employment shall be as provided for in
the Crown Award.
(b) Security staff
will be granted five (5) Rostered Days Off in each twenty (20) week shift
cycle. Accrual of hours will be as locally arranged. Rostered days off will be
taken as per the roster. Up to three (3) rostered days off may be banked.
(c) Security staff
will work the weekends rostered to qualify them for the five (5) additional
days leave provided for in the "Shift Work and Overtime" provisions
of the Crown Award.
(d) There will not
be a separate payment for a Computer Allowance as computer skills and
responsibilities have been taken into account in the job evaluation process.
(e) First aid
allowances in line with the Crown Award will be paid to staff that acquire a
first aid certificate.
(f) An approved
uniform and accessories will be issued to each Security Officer and must be
worn when on duty. Uniforms and accessories will be replaced on a needs basis
as approved by the Security Co-ordinators.
(g) Staffing
levels will be determined to meet the security needs of the Library. The State Library will have in place
recruitment strategies so that all vacant roles are filled as expeditiously as
possible.
6. Hours of Work
(a) Hours of work
shall continue to be thirty five (35) hours per week worked over a seven (7)
day roster.
(b) The State
Library may require a Security Officer to perform duty beyond the hours
determined above but only if it is reasonable for the Security Officer to be
required to do so. A Security Officer
may refuse to work additional hours in circumstances where the working of such
hours would result in them working unreasonable hours. In determining what is unreasonable the
following factors shall be taken into account:
(1) the Officer’s
prior commitments outside the workplace, particularly the Officer’s family and
carer responsibilities, community obligations or study arrangements,
(2) any risk to
Security Officer health and safety,
(3) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
(4) the notice (if
any) given by the State Library regarding the working of the additional hours,
and by the Security Officer of their intention to refuse the working of
additional hours, or
(5) any other
relevant matter.
7. Shift Loadings
The annualised salaries provided for in this Award are
based on the current rosters and are calculated by using the penalties
contained in the "Shift Work and Overtime" provisions of the Crown
Award.
8. Incremental
Progression
Security Officers will be entitled to the next
increment, up to the 4th year increment, after 12 months service, subject to
satisfactory attendance, conduct and performance of duties.
9. Local Arrangements
(a) Payment of
Security Licence fees will be as agreed between the State Library and Security
Staff.
(b) To accrue time
for rostered days off staff will take a forty five (45) minute meal break and
commence shifts at a time seven (7) minutes before the listed starting time.
10. Deduction of Union
Membership Fees
(a) The Association
shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the
Association's rules.
(b) The
Association 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.
(c) Subject to (a)
and (b) 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.
(d) Monies so
deducted from 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.
(e) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(f) 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.
11. 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 Department, if required.
(b) 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.
(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 staff member to advise their
immediate manager, the notification may occur to the next appropriate level of
management, including where required, to the Department Head or delegate.
(d) 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.
(e) 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) days, or as soon as
practicable. The staff member may pursue
this sequence of reference to successive levels of management until the matter
is referred to the Department Head .
(f) The Department
Head may refer the matter to the Industrial Relations Secretary for consideration.
(g) If the matter
remains unresolved the Department Head 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.
(h) A staff
member, at any stage, may request to be represented by their union.
(i) The staff
member or the union on their behalf, or the
Department Head may refer the matter to the Industrial Relations Commission NSW if the
matter is unresolved following the use of these procedures.
(j) The staff
member, the union, the Department Head and the Industrial Relations
Secretary shall agree to be bound by any
order or determination by the
Industrial Relations Commission NSW in relation to the dispute.
(k) Whilst the
procedures outlined in subclauses (a) to ( j) 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 work 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.
12.
Anti-Discrimination
(a) 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.
(b) 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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(1) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(2) offering or
providing junior rates of pay to persons under 21 years of age;
(3) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 19 77;
(4) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) 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:
Employers and employees may also be subject to
Commonwealth anti-discrimination legislation.
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."
13. Savings of Rights
Should there be a variation to the Crown Employees
(Public Sector – Salaries 2016) Award or an Award replacing that Award,
employees of the State Library covered by this Award will maintain the same
salary relationship to the rest of the public service. Any such increase will be reflected in this
Award either by a variation to it or by the making of a new Award.
14. Area, Incidence
and Duration
(a) 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 2 August 2016.
(b) The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
The annualised salary rates as at 1 July 2016 as listed
in Table 1 below.
The annualised salary rates incorporate shift penalties
as per clause 4, Salaries.
Table 1 - Rates of Pay
Year
|
Annualised
Salary Rate Per Year as at 1/7/6
|
|
$
|
1st Year
|
62,987
|
2nd Year
|
65,232
|
3rd Year
|
67,082
|
4th Year
|
69,101
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.