Crown Employees (Administrative and Clerical
Officers - Salaries) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00005749)
|
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Adjustment
of Salaries
5. Promotion
6. Calculation
of Service
7. Anti-Discrimination
8. Grievance
and Dispute Settling Procedures
9. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Title
This award shall be known as the Crown Employees
(Administrative and Clerical Officers - Salaries) Award 2007.
2. Definitions
"Employee" means a persons employed in
ongoing, term, temporary, casual or other employment, or on secondment, in a
Public Service agency under the provisions of the Government Sector
Employment Act 2013, who is appointed to a role classified under this
award.
"Service" means continuous service.
"Agency" means a Public Service agency, as
listed in Schedule 1 of the Government Sector Employment Act 2013.
"Agency head" means a person who is the
Secretary of a Department or the head of another Public Service agency listed
in Schedule 1 of the Government Sector Employment Act 2013.
“Industrial Relations Secretary” means the person,
within the meaning of the Government
Sector Employment Act 2013, who is for the purposes of any proceedings
relating to Public Service employees held before a competent tribunal having
jurisdiction to deal with industrial matters, taken to be the employer of
Public Service employees.
"Association" means the Public Service
Association and Professional Officers Association Amalgamated Union of New
South Wales.
3. Salaries
(a) The salary
rates for employees on the General Scale and on Grades 1 to 12 are set out in
Table 1 of Part B, Monetary Rates.
(b) An employee on
the General Scale qualified at Higher School Certificate standard at 19 years
of age is paid at not less the amount set out in Table 1 - Salaries for Clerk
General Scale Step 4.
(c) An employee on
the General Scale at 20 years of age is paid at not less than the amount set
out in Table 1 - Salaries for Clerk General Scale Step 5.
(d) An employee on
the General Scale at 21 years of age is paid at not less than the amount set
out in Table 1 - Salaries for Clerk General Scale Step 6.
(e) Roles are
classified within the General Scale and Grades 1 to 12 in accordance with the
classification and grading system approved by the Industrial Relations
Secretary.
(f) An employee
temporarily employed under the provisions of the Government Sector Employment
Act 2013 is paid the weekly equivalent of the annual salary prescribed in
Table 1.
4. Adjustment of
Salaries
The salaries of employees employed at the operative
date of this award are adjusted to the appropriate scale prescribed by the
award on the basis of years of service in role or grade. 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.
5. Promotion
Promotion to a grade and from grade to grade is subject
to the occurrence of a vacancy in such grade.
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 14,
Increments, of the Government Sector Employment Regulation 2014;
(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 68
Unsatisfactory performance of government sector employees and 69 Misconduct –
Public Service and other prescribed government sector employees the Government
Sector Employment Act 2013.
7. 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:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) 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.
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) 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
agency, 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 agency 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 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 (2) 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 agency head.
(f) The agency
head may refer the matter to the Industrial Relations Secretary for
consideration.
(g) If the matter
remains unresolved, the agency 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 agency head may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
(j) The employee,
Association, agency and Industrial Relations Secretary shall agree to be bound
by any order or determination by the New South Wales Industrial Relations
Commission 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
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. Area, Incidence and
Duration
This award applies to employees defined in clause 2,
Definitions.
Employees are entitled to the conditions of employment
provided by this award and by the Government Sector Employment Act 2013,
the Government Sector Employment Regulation 2014 and the Government Sector
Employment Rules 2014. The provisions of
the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009 and Crown Employees (Public Sector - Salaries 2015) Award or any
replacement awards, also apply to employees covered by this award, except where
specifically varied by this award.
The salary rates in Table 1 of Part B, Monetary Rates,
are set in accordance with the Crown Employees (Public Sector - Salaries 2015)
Award and any variation or replacement award.
The changes to the award are made in accordance 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 NSW on 28 April 1999 (310 I.G. 359) to take effect from
2 August 2016.
This 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
The salary rates are effective from the beginning of
the first pay period to commence on or after 1 July 2016.
|
Administrative and
Clerical Officer
|
|
Classification and Grades
|
Common
|
1.7.16
|
|
|
Salary
|
Per annum
|
|
|
Point
|
2.50%
|
|
|
|
$
|
|
Clerks General Scale
|
|
|
|
Clerks General Scale step 1
|
4
|
29,127
|
|
Clerks General Scale step 2
|
6
|
33,054
|
|
Clerks General Scale step 3 - 1st year of service or 18 years
|
7
|
35,134
|
|
Clerks General Scale step 4 - Minimum for
|
9
|
39,810
|
|
- employee with Business Administration Certificate III,
Government
|
|
|
|
Certificate III or equivalent at 18 years of age
|
|
|
|
- employee with Higher School Certificate qualification at
19 years of age
|
|
|
|
Clerks General Scale step 5 - Minimum for:
|
11
|
42,495
|
|
- employee qualified at Business Administration
Certificate III,
|
|
|
|
Government Certificate III or equivalent and is qualified
at HSC
|
|
|
|
standard at 17 years of age
|
|
|
|
- employee 20 years of age
|
|
|
|
Clerks General Scale step 6 - Minimum for employee 21
years of age
|
17
|
45,800
|
|
Clerks General Scale step 7
|
20
|
47,049
|
|
Clerks General Scale step 8
|
23
|
49,039
|
|
Clerks General Scale step 9
|
25
|
49,929
|
|
Clerks General Scale step 10
|
28
|
51,168
|
|
Clerks General Scale step 11
|
32
|
53,060
|
|
Clerks General Scale step 12
|
36
|
54,983
|
|
Clerks General Scale step 13
|
40
|
57,015
|
|
Provided that officers who on 6th December 1979 were on
|
-
|
59,453
|
|
14th year of General Scale and paid a personal allowance
of $417.00 p.a.
|
|
|
|
in terms of Circular No 202 of 1979 shall be paid by way
of
|
|
|
|
allowance above Step 13 of the General Scale
|
|
|
|
Grade 1
|
|
|
|
1st year of service
|
46
|
60,154
|
|
Thereafter
|
49
|
61,921
|
|
Grade 2
|
|
|
|
1st year of service
|
52
|
63,649
|
|
Thereafter
|
55
|
65,396
|
|
Grade 3
|
|
|
|
1st year of service
|
58
|
67,248
|
|
Thereafter
|
61
|
69,276
|
|
Grade 4
|
|
|
|
1st year of service
|
64
|
71,438
|
|
Thereafter
|
67
|
73,635
|
|
Grade 5
|
|
|
|
1st year of service
|
75
|
79,384
|
|
Thereafter
|
78
|
81,888
|
|
Grade 6
|
|
|
|
1st year of service
|
82
|
85,098
|
|
Thereafter
|
85
|
87,591
|
|
Grade 7
|
|
|
|
1st year of service
|
88
|
90,215
|
|
Thereafter
|
91
|
92,912
|
|
Grade 8
|
|
|
|
1st year of service
|
95
|
96,784
|
|
Thereafter
|
98
|
99,862
|
|
Grade 9
|
|
|
|
1st year of service
|
101
|
102,838
|
|
Thereafter
|
104
|
105,730
|
|
Grade 10
|
|
|
|
1st year of service
|
108
|
110,046
|
|
Thereafter
|
111
|
113,324
|
|
Grade 11
|
|
|
|
1st year of service
|
116
|
118,943
|
|
Thereafter
|
120
|
123,985
|
|
Grade 12
|
|
|
|
1st year of service
|
126
|
131,751
|
|
Thereafter
|
130
|
137,557
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.