Crown
Employees (Office of the Sydney Harbour Foreshore Authority) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 213 of 2012)
Before The Honourable
Mr Justice Staff
|
16 April 2012
|
REVIEWED
AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Parties
4. Definitions
5. Consultative
Arrangements
6. Conditions
of Employment
7. Managing
Displaced Staff
8. Higher
Duties Allowance
9. Trade
Union Activities
10. Savings of
Rights
11. Relationship
to Other Awards
12. Dispute
Settling Procedures
13. Classification
and Salary Schedules
14. Deduction
of Union Membership Fees
15. Hours of
Duty
16. Casual
Employment
17. Leave
Entitlements
18. Annual
Leave Loading
19. Anti-Discrimination
20. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Professional Officer
Table 2 - Administrative Officer
Table 3 - Operational Officer
Table 4 - Control Room Operator
2. Title
This award shall be known as the Crown Employees
(Office of the Sydney Harbour Foreshore Authority) Award 2007.
3. Parties
The parties to this award are the Director General of Premier
and Cabinet, Office of the Sydney Harbour Foreshore Authority and the Public
Service Association and Professional Officers’ Association Amalgamated Union of
New South Wales.
4. Definitions
"Act" means the Sydney Harbour Foreshore
Act 1998.
"Authority" shall mean the Office of the
Sydney Harbour Foreshore Authority.
"Award" means Crown Employees (Office of the
Sydney Harbour Foreshore Authority) Award 2007.
"Casual" shall mean a staff member engaged
and paid as such by the Casual Division of the Authority, who is employed on an
hourly basis as prescribed by clause 16.
"Chief Executive Officer" means the Chief
Executive Officer of the Authority.
"CES" means the Chief Executive Service.
"Hard Barrier" means a barrier to a level
within a classification that can only be accessed by merit through a
competitive selection process.
"Joint Consultative Committee" or
"JCC" means the SHFA Joint Consultative Committee established by this
Award.
"Manager" means an officer of the Authority
with management responsibilities for a branch, unit or discrete group of people
who has delegation to act as determined from time to time by delegations of the
Chief Executive Officer.
"Nominee" means a person who has been
delegated particular power(s) of the Chief Executive Officer.
"Normal work" means the method of carrying
out work functions that were established practice prior to the onset of a
dispute or grievance, in terms of clause 12 of the Award.
"Overtime" means all time worked, whether before
or after the ordinary daily hours of duty, at the direction of the Chief Executive Officer, which, due to
its character or special circumstances, cannot be performed during the staff member's ordinary hours of duty.
Where a flexible working hours scheme is in operation, overtime shall be deemed
as the hours directed to be worked before or after bandwidth or before or after
the time specified as standard hours, provided that, on the day when overtime
is required to be performed, the staff member shall not be required by the
Chief Executive Officer to work more than seven hours after finishing overtime
or before commencing overtime.
"Public holiday" means a bank or public
holiday under the Public Holidays Act
2010 , but does not include a Saturday which is such a holiday by virtue of
section 15A of that Act, and 1 August or such other day that is a bank holiday
instead of 1 August.
"Salary Rates" means the ordinary time rate
of pay for the Staff member’s grading excluding allowances and penalties not
regarded as salary.
"SES" means the Senior Executive Service.
"Service" means continuous period of
employment for salary purposes.
"Staff " or "staff member" means
and includes all persons who are permanently or temporarily employed under the
Public Sector Employment & Management Act 2002 and, unless otherwise
specified in this award, includes both full-time and part-time staff.
"Standard hours" are set and regular hours of
operation as determined by the Chief Executive Officer.
"Supervisor" means the immediate supervisor
or manager of the area in which a staff member is employed or any other staff
member authorised by the Chief Executive Officer to fulfil the role of a
supervisor or manager, other than a person employed as a consultant or
contractor.
"Union" or "PSA" means the Public
Service Association and Professional Officers’ Association Amalgamated Union of
New South Wales.
"Workplace" means the whole organisation or,
as the case may be, a branch or sections of the organisation in which staff are
employed.
5. Consultative
Arrangements
The parties to this award shall establish a Joint
Consultative Committee (JCC) to encourage and facilitate consultation and
negotiation on workplace reform and equitable, innovative and productive
workplace relations.
6. Conditions of
Employment
Conditions of employment other than those fixed by this
award are determined by the Crown Employees (Public Service Conditions of
Employment) Award 2009 or its successor and will apply to all staff employed by
the Authority.
7. Managing Displaced
Staff
Where changes result in staff becoming displaced, the
arrangements for managing such staff shall be in accordance with the NSW State
Government’s public sector "Managing Excess Employees Policy and based on professional
management practice, systematic restructuring process as well as merit and
equity principles.
8. Higher Duties
Allowance
A staff member who relieves in a position that attracts
a higher salary than the staff member's substantive salary is entitled to be
paid higher duties allowance in accordance with the Public Sector Employment
and Management Regulation 2009.
9. Trade Union
Activities
The provisions for trade union activities as set out in
the Crown Employees (Public Service Conditions of Employment) Award 2009, and
the Consultative Arrangements between the PSA and NSW Government including
consultation and technological change and union deductions, shall apply.
10. Savings of Rights
No staff member covered by this award shall suffer a
reduction in the rate of pay or any loss or diminution of any conditions of
employment as a consequence of the making of this award.
11. Relationship to
Other Awards
This award shall be varied to give effect to any salary
increase or other benefits received by the public service as a result of a
variation to the Crown Employees (Public Sector - Salaries 2008) Award or award
replacing it.
This award shall be varied to give effect of any
variation to the Crown Employees (Public Service Conditions of Employment)
Award 2009, or an award replacing it, in so far as it may affect clauses
referred to in that award by this award.
Where there may be inconsistencies between this award
and the Crown Employees (Public Service Conditions of Employment) Award 2009, the
arrangements in this award shall prevail.
12. Dispute Settling
Procedures
12.1 All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further attempts
at resolution at higher levels of authority within the appropriate department,
if required.
12.2 A staff member is
required to notify in writing their immediate manager, as to the substance of the
grievance, dispute or difficulty, request a meeting to discuss the matter, and
if possible, state the remedy sought.
12.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act, 1977) that makes it impractical for the staff member to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Department Head or delegate.
12.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
12.5 If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. This sequence of reference to successive levels of management
may be pursued by the staff member until the matter is referred to the Chief
Executive Officer.
12.6 The Chief
Executive Officer or the Union may refer the matter to the DPE for
consideration.12.7 If the matter remains unresolved, the Chief Executive
Officer shall provide a written response to the staff member and any other
party involved in the grievance, dispute or difficulty, concerning action to be
taken, or the reason for not taking action, in relation to the matter.
12.7 A staff member,
at any stage, may request to be represented by the Union.
12.8 The staff member
or the Union on their behalf or the Chief Executive Officer may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
12.9 The staff member,
Union, authority and Director General of the Department of Premier and Cabinet
shall agree to be bound by any order or determination by the New South Wales
Industrial Relations Commission in relation to the dispute.
12.10 Whilst the
procedures outlined in subclauses 12.1 to 12.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public.
13. Classification
and Salary Schedules
13.1 All staff covered
by this award will be paid in accordance with the classifications and salary
structures as set out in Part B, Monetary Rates.
13.2 No staff will be
disadvantaged by the application of this award.
13.3 Staff employed at
Operational Officer, Level 1, Administrative Officer, Level 1 and Professional
Officer, Level 1 before the making of this Award will retain their right to
incremental progression to salary points OO1.9, AO1.7 and PO1.9 respectively.
13.4 Appointment
across hard barriers will be by competitive selection.
13.5 Classification
and Salary Schedule
13.5.1 Professional
Stream - All positions which require a degree qualification or equivalent. This
would include positions such as engineers, lawyers or accountants.
13.5.2 Administrative
Stream - This includes all clerical workers, customer service and office based
staff. A degree qualification or equivalent may not be mandatory but may be
likely at the higher levels.
13.5.3 Operational Stream
- These positions would cover outdoor workers or those where the majority of
the work is composed of physical labour. This would include positions such as
gardeners, bridge operators, mechanics and their team leaders. Managers of
these areas would fall into the Administrative or Professional Streams
depending on qualifications.
13.5.4 Control Room
Operators employed within the Asset Management Services Division shall be paid
salary equivalent to that applying to Operational Officer Level 1, Year 9 which
is inclusive of all incidents of shift allowances and public holidays payments.
14. Deduction of
Union Membership Fees
14.1 The union shall
provide the Authority with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
14.2 The union shall
advise the Authority 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 Authority at least one month
in advance of the variation taking effect.
14.3 Subject to 14.1
and 14.2 above, the Authority shall deduct union fortnightly membership fees
from the pay of any staff member who is a member of the union in accordance
with the union's rules, provided that the staff member has authorised the
Authority to make such deductions.
14.4 Monies so
deducted from the staff member's pay shall be forwarded regularly to the union
together with all necessary information to enable the union to reconcile and
credit subscriptions to employees' union membership accounts.
14.5 Unless other
arrangements are agreed to by the Authority and the union, all union membership
fees shall be deducted on a fortnightly basis.
14.6 Where a staff
member 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 staff member to make a fresh authorisation in order for
such deductions to continue.
15. Hours of Duty
15.1 The working hours
of Authority staff, excluding Control Room Operators, CES and SES officers, are
those prescribed in the Office of the Sydney Harbour Foreshore Authority
Flexible Working Hours Agreement made on 20 March 2006 between the Director
General of the Department of Premier and Cabinet, Union and Authority.
15.2 The ordinary
hours of work for shift workers employed as Control Room Operators shall not
exceed 152 hours per 28 calendar days or an average of 38 hours per week in
each roster cycle. Each staff member shall be free from duty for not less than
8 full days plus an allocated rostered day off in each cycle. Time for a
rostered day off accrues at 0.4 hour for each 8 hour day or shift. All paid
ordinary working time and paid leave count towards accrual of time for the
rostered day off duty.
15.3 A Control Room
Operator, in addition to working ordinary hours as prescribed in subclause 15.2,
will be required to work 4 hours rostered overtime per week. These additional
hours will be paid at the relevant overtime rate.
15.4 The hours of work
prescribed in subclause 15.2 shall be arranged to allow variable working hours
in each roster cycle of 28 days to ensure that each staff member shall work
his/her other ordinary hours of work on not more than 19 days in the cycle.
15.5 The staff
member’s rostered day off duty prescribed in subclause 15.2 shall be determined
having regard to operational needs. Where practicable the rostered day off duty
shall be consecutive with the days off prescribed in subclause 15.1. A rostered
day off duty is not re-credited if the staff member is ill or incapacitated on
a rostered day off. However sick leave will not be debited.
16. Casual Employment
Pursuant to section 38 of the Public Sector Employment
and Management Act 2002, the Authority may engage casuals, for the staging of
the annual events program, as part of the educational services tours program
and to staff the Sydney Visitor Centres.
16.1 Hours of duty -
The ordinary hours of duty of casual staff shall be worked between the hours of
6.00am and 10.00pm, seven days a week.
16.2 Penalty Rates - A
casual shall be paid a loading of 15% for work commencing at or after 10pm and
before 4am and 10% for work commencing at or after 4am and before 6am.
16.3 Where a casual is
required to and does work on a Public Holiday, the casual shall be paid at two
and a half times the rate for time worked. Such payment shall be in lieu of any
other allowances or penalties which would have been payable if the day had not
been a Public Holiday.
16.4 Minimum period of
engagement - Casual staff shall be provided with a minimum period of three
hours' work on each engagement or be paid for a minimum of three hours at the
appropriate casual rate.
16.5 Rates of pay -
The ordinary hourly rate of pay of casual staff shall be ascertained by
dividing the annual salary for the classification in which the casual is
employed by 52.17857, dividing the resultant answer by 35 and loaded by 20%.
This loading shall be paid in lieu of all leave prescribed by the Crown
Employees (Public Service Conditions of Employment) Award 2009.
16.6 On termination of
each period of casual engagement, the casual shall receive payment at the rate
of 4/48th of monies received as compensation in recognition of the Annual
Holidays Act 1944.
16.7 Overtime - All
time worked by a casual outside or in excess of thirty five hours per week
shall be deemed overtime, and be paid for at the appropriate hourly rate.
16.8 Termination -
Casual staff members may be terminated by either the Authority or by the casual
with three hours notice. In such circumstances remuneration shall only be
payable up to and including the time of termination of the three hourly period
of engagement. Casuals may be terminated by the Authority without notice in
cases of serious and wilful misconduct.
16.9 Other - A casual
shall be entitled to other payments applicable to other employees, including
overtime and appropriate allowances where those payments or allowances are not
covered by this clause.
17. Leave
Entitlements
17.1 All leave shall
be granted and administered in accordance with the leave provisions of the Crown
Employees (Public Service Conditions of Employment) Award 2009 and subsequent
variations.
18. Leave Loading
18.1 Staff, other than
a trainee who is paid by allowance and CES and SES officers, are entitled to be
paid an annual leave loading as set out in this clause. Subject to the
provisions set out in clause 18.2, the annual leave loading shall be 17½% on
the monetary value of up to 4 weeks' recreation leave accrued in a leave year.
18.2 Loading on
additional leave accrued - Where additional leave is accrued by a staff member
as compensation for work performed regularly on Sundays and/or Public Holidays,
the annual leave loading shall be calculated on the actual leave accrued or on
five weeks, whichever is the lower.
18.3 Shift workers -
Shift workers proceeding on recreation leave are eligible to receive the more
favourable of the shift loadings and penalty rates, or any other allowances
paid on a regular basis in lieu thereof, which they would have received had
they not been on recreation leave; or 17½% annual leave loading.
18.4 The annual leave
loading payable shall not exceed the amount which would have been payable to a
staff member in receipt of salary equivalent to the maximum salary for a Grade
12 Clerk (A&C classification).
18.5 For the
calculation of annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
18.6 Payment of annual
leave loading shall be made on the recreation leave accrued during the previous
leave year and be paid as follows:-
(a) on the first
occasion in a leave year, other than the first leave year of employment, when a
staff member takes at least two (2) consecutive weeks recreation leave. Where a
staff member does not have at least 2 weeks recreation leave available, the
staff member may use a combination of recreation leave and any of the
following: public holidays, flex leave, extended leave, leave without pay, time
off in lieu, rostered day off. The staff member shall be paid the annual leave
loading for such period, provided the absence is at least 2 weeks; or
(b) if at least two
weeks' leave, as set out in clause 18.6(a), is not taken in a leave year, then
the payment of the annual leave loading entitlement for the previous leave year
shall be made to the staff member as at 30 November of the current year; or
(c) paid on a
pro-rata basis on each occasion a staff member takes recreation leave in the
leave loading year up to the maximum amount specified in clause 18.1
18.7 Staff will have
the option of electing, prior to 1 November of each year, as to the manner in
which leave loading is to be paid to them. Once the election is made, it cannot
be altered until the next election. Where a staff member makes no election,
annual leave loading will be paid to the staff member as set out in clause
18.6(a).
18.8 While annual
leave loading shall not be paid in the first leave year of employment, it shall
be paid on the first occasion in the second leave year of employment when at
least two weeks leave, as specified in clause 18.6(a), is taken.
18.9 A staff member
who has not been paid the annual leave loading for the previous leave year,
shall be paid such annual leave loading on resignation, retirement or termination
by the Authority for any reason other than the staff member's serious and
intentional misconduct.
18.10 Except in cases
of voluntary redundancy, proportionate leave loading is not payable on
cessation of employment.
19.
Anti-Discrimination
19.1 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.
19.2 It follows that
in fulfilling their obligations under the dispute settling 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.
19.3 It is the
intention of the parties bound by this award to respect and value diversity in
the workforce and to achieve the object in section 3(f) of the Industrial
Relations Act 1996 to prevent and eliminate discrimination in the workplace
and in particular to ensure equal remuneration for men and women doing work of
equal or comparable value.
19.4 Unlawful
discrimination in the workplace includes any distinction, exclusion or
preference made on any prohibited ground, which has the effect of denying or
limiting equality of opportunity or treatment. Unlawful discrimination in the
work place includes sexual harassment and harassment on any prohibited grounds.
19.5 The parties
recognise that it is unlawful to victimise an employee because the employee has
made or may make or has even been involved in a complaint of discrimination or
harassment.
19.6 Accordingly, in
fulfilling their obligations the parties bound by this award must take all
reasonable steps to ensure that the award must take all reasonable steps to
ensure that the award provisions do not unlawfully discriminate in their effect
and that unlawful discrimination or victimisation does not occur in any aspect
of employment.
19.7 Any employee or
group of employees who has a genuine belief that they have been or are being
unlawfully discriminated against in their employment, or have been or are being
victimised, may lodge a grievance in accordance with the relevant dispute
resolution procedures referred to in this award
19.8 Note section
56(d) of the Anti-Discrimination Act 1977 states:
"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."
20. Area, Incidence
and Duration
20.1 This award shall
apply to all staff employed by the Sydney Harbour Foreshore Authority.
20.2 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 16 April 2012.
20.3 Changes made to
this award subsequent to it first being published on 9 November 2007 (364 I.G.
251) have been incorporated into this award as part of the review.
20.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY
RATES
Classification and
Salary Schedules
Effective from the
beginning of the first pay period to commence on or after 1 July 2011
Table 1 - Professional Officer
Professional Officer
|
|
|
1/07/2011
|
PO4
|
20
|
$148,518
|
|
19
|
$142,666
|
|
18
|
$136,930
|
|
|
Hard Barrier
|
PO3
|
17
|
$124,200
|
|
16
|
$119,439
|
|
|
Soft Barrier
|
|
15
|
$114,457
|
|
14
|
$111,122
|
|
13
|
$106,651
|
|
|
Hard Barrier
|
PO2
|
12
|
$104,575
|
|
11
|
$100,536
|
|
10
|
$97,702
|
|
|
Hard Barrier
|
PO1
|
9
|
$92,066
|
|
8
|
$87,701
|
|
7
|
$85,033
|
|
6
|
$81,703
|
PO Entry Level
|
|
Hard Barrier
|
|
5
|
$76,961
|
|
4
|
$74,080
|
|
3
|
$71,256
|
|
2
|
$66,610
|
|
1
|
$60,329
|
Table 2 - Administrative Officer
Administrative Officer
|
|
|
1/07/2011
|
AO7
|
24
|
$122,128
|
|
23
|
$116,974
|
|
22
|
$110,079
|
|
21
|
$105,602
|
|
|
Hard Barrier
|
AO6
|
20
|
$100,613
|
|
19
|
$97,702
|
|
18
|
$93,870
|
|
|
Hard Barrier
|
AO5
|
17
|
$88,660
|
|
16
|
$85,928
|
|
15
|
$82,491
|
|
|
Hard Barrier
|
AO4
|
14
|
$77,767
|
|
13
|
$75,552
|
|
12
|
$72,702
|
|
|
Hard Barrier
|
AO3
|
11
|
$65,376
|
|
10
|
$61,505
|
|
|
Hard Barrier
|
AO2
|
9
|
$58,060
|
|
8
|
$54,977
|
|
|
Hard Barrier
|
AO1
|
7
|
$50,619
|
|
6
|
$47,108
|
|
5
|
$45,428
|
|
|
Hard Barrier
|
AO Entry Level
|
4
|
$43,539
|
|
3
|
$40,662
|
|
2
|
$37,729
|
|
1
|
$33,318
|
Table 3 - Operational Officer
Operational Officer
|
|
|
1/07/2011
|
OO4
|
17
|
$88,660
|
|
16
|
$85,928
|
|
15
|
$82,491
|
|
|
Hard Barrier
|
OO3
|
14
|
$77,767
|
|
13
|
$75,552
|
|
12
|
$72,702
|
|
|
Hard Barrier
|
OO2
|
11
|
$65,376
|
|
10
|
$61,505
|
|
|
Hard Barrier
|
OO1
|
9
|
$58,060
|
|
8
|
$54,977
|
|
|
Hard Barrier
|
OO Entry Level
|
7
|
$54,977
|
|
6
|
$47,108
|
|
5
|
$45,428
|
|
4
|
$43,539
|
|
3
|
$40,662
|
|
2
|
$37,729
|
|
1
|
$33,318
|
Table 4 - Control Room Operators
Control Room Operator
|
|
|
1/07/2011
|
Control Room Operator
|
1
|
$58,060
|
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.