Crown
Employees (NSW Department of Trade and Investment, Regional Infrastructure and
Services) Museum of Applied Arts and Sciences - Casual Guide Lecturers Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 228 of 2012)
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Before The Honourable
Mr Justice Staff
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16 April 2012
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REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Intention
4. Wage Rates
and Conditions of Employment
5. Deduction
of Association Membership Fees
6. Grievance
and Dispute Resolution Procedures
7. Anti-Discrimination
8. Parties to
this Award
9. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1-Wages
Appendix A
PART A
1. Title
This award shall be known as the Crown Employees (NSW
Department of Trade and Investment, Regional Infrastructure and Services)
Museum of Applied Arts and Sciences - Casual Guide Lecturers) Award.
2. Definitions
"Act" means the Public Sector Employment Management
Act 2002.
"Award" means Crown Employees (NSW Department of Trade and Investment, Regional
Infrastructure and Services) Museum of Applied Arts and Sciences - Casual Guide
Lecturers) Award.
"Association" means the Public Service
Association and Professional Officers Association Amalgamated Union of New
South Wales.
"Department" means the NSW Department of
Trade and Investment, Regional Infrastructure and Services.
"Department Head" means the Director General of
the NSW Department of Trade and Investment, Regional Infrastructure and
Services.
"Director" means the Chief Executive Officer
of the Museum of Applied Arts and Sciences.
"Director-General" means the Director-General
of the Department of Premier and Cabinet.
"Staff member" means a person casually
employed in accordance with s38 of the Act and who occupies a position as a
Casual Guide Lecturer, covered by this Award.
3. Intention
The purpose of this award is to regulate the rates of
pay and conditions of employment of Casual Guide Lecturers.
4. Wage Rates and
Conditions of Employment
(i) The casual
hourly rate for a Casual Guide Lecturer is set out in Part B, Table 1 -
Monetary Rates. This rate is set in
accordance with the Crown Employees (Public Sector - Salaries 2008) Award and any variation or replacement
award.
(ii) Casual Guide
Lecturers shall also receive the following entitlements in accordance with the
Crown Employees (Public Service Conditions of Employment) Award 2009.
(a) Unpaid parental
leave in accordance with paragraph 12.5.4;
(b) Personal Carer's
entitlement in accordance with subclause 12.6;
and
(c) Bereavement
entitlement in accordance with subclause 12.7. .
This entitlement is also set out at Appendix A of this
Award.
5. Deduction of
Association Membership Fees
(i) The Association
shall provide the employer with a schedule setting out Association fortnightly
membership fees payable by members of the Association in accordance with the
Association's rules.
(ii) 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 Association fortnightly membership fees payable
shall be provided to the employer at least one month in advance of the
variation taking effect.
(iii) Subject to (i)
and (ii) above, the employer shall deduct Association fortnightly membership
fees from the pay of any staff member who is a member of the Association in
accordance with the Association's rules, provided that the staff member has
authorised the employer to make such deductions.
(iv) Monies so
deducted from a staff member's pay shall be forwarded regularly to the
Association together with all necessary information to enable the Association
to reconcile and credit subscriptions to staff members' Association membership
accounts.
(v) Unless other
arrangements are agreed to by the employer and the Association, all Association
membership fees shall be deducted on a fortnightly basis.
(vi) Where a staff
member has already authorised the deduction of Association 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.
6. Grievance and
Dispute Resolution 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
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) working days, or as soon
as practicable. The staff member may pursue the 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 Director-General Department of Premier and
Cabinet 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 the Association.
(i) The staff
member or the Association on their behalf or the Department Head may refer the
matter to the Industrial Relations Commission of NSW if the matter is
unresolved following the use of these procedures.
(j) The staff
member, Association, Department and Director-General 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.
(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.
7.
Anti-Discrimination
(i) 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.
(ii) 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 that, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise a staff member because the staff
member has made or may make or has been involved in a complaint of unlawful
discrimination or harassment.
(iv) 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.
(v) 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.
(a) Employers and
staff members 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. Parties to the
Award
This award is made between the following parties:
Director-General, Department of Premier and Cabinet,
Public Service Association and Professional Officers
Association Amalgamated Union of New South Wales.
9. Area, Incidence
and Duration
(a) This award
applies to those staff employed as Casual Guide Lecturers by the Museum of
Applied Arts and Sciences.
(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 the New South Wales on 28 April
1999 (310 I.G. 359) take effect on and from
16 April 2012.
(c) Changes made to
this award subsequent to it first being published on 9 November 2007 (364 I.G.
279) have been incorporated into this award as part of the review.
(d) This award
remains in force until varied or rescinded for the period for which it was made
already having expired.
PART B
MONETARY RATES
Table 1 - Wages
Crown Employees (NSW Department of Trade and
Investment, Regional Infrastructure and Services) Museum of Applied Arts and
Sciences - Casual Guide Lecturers Award
|
Casual Guide Lecturers - Museum of Applied Arts and
Sciences
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Classification
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1.7.10
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1.7.11
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|
|
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Per hour
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Per hour
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|
|
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2.5%
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|
|
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$
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$
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|
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Casual Guide Lecturer
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38.56
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39.52
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Appendix A
(i) Casual staff
members are entitled to unpaid parental leave under Chapter 2, Part4, Division
1, section 54, Entitlement to Unpaid Parental Leave, in accordance with the
Industrial Relations Act 1996. The
following provisions shall also apply in addition to those set out in the
Industrial Relations Act 1996 (NSW).
(a) The Department
Head must not fail to re-engage a regular casual staff member (see section
53(2) of the Industrial Relations Act 1996) because:
(A) the staff member or
staff member's spouse is pregnant; or
(B) the staff member
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual staff members are not affected, other than in
accordance with this clause.
(ii) Personal
Carers entitlement for staff members
(a) Staff members
are entitled to not be available to attend work, or to leave work if they need
to care for a family member described in (iii) below who is sick and requires
care and support, or who requires care due to an unexpected emergency, or the
birth of a child. This entitlement is
subject to the evidentiary requirements set out below in (d), and the notice
requirements set out in (e).
(b) The Department
Head and the staff member shall agree on the period for which the staff member
will be entitled to not be available to attend work. In the absence of
agreement, the staff member is entitled to not be available to attend work for
up to 48 hours (i.e. two days) per occasion. The staff member is not entitled
to any payment for the period of non-attendance.
(c) A Department
Head must not fail to re-engage a staff member because the staff member
accessed the entitlements provided for in this clause. The rights of an
employer to engage or not to engage a staff member are otherwise not affected.
(d) The staff member
shall, if required,
(A) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(B) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the staff member.
In normal circumstances, a staff member must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(e) The staff member
must, as soon as reasonably practicable and during the ordinary hours of the
first day or shift of such absence, inform the employer of their inability to
attend for duty. If it is not reasonably practicable to inform the employer
during the ordinary hours of the first day or shift of such absence, the staff
member will inform the employer within 24 hours of the absence.
(iii) A family
member for the purposes of (ii) (a) above is:
(a) a spouse of the
staff member; or
(b) a de facto
spouse being a person of the opposite sex to the staff member who lives with the
staff member as her husband or his wife on a bona fide domestic basis although
not legally married to that staff member; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the staff member or of the spouse or de
facto spouse of the staff member; or
(d) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(iv) Bereavement
entitlements for staff members
(a) Staff members
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence
(if required by the employer).
(b) The Department
Head and the staff member shall agree on the period for which the staff member
will be entitled to not be available to attend work. In the absence of
agreement, the staff member is entitled to not be available to attend work for
up to 48 hours (i.e. two days) per occasion. The staff member is not entitled
to any payment for the period of non-attendance.
(c) A Department
Head must not fail to re-engage a staff member because the staff member
accessed the entitlements provided for in this clause. The rights of an
employer to engage or not engage a staff member are otherwise not affected.
(d) The staff member
must, as soon as reasonably practicable and during the ordinary hours of the
first day or shift of such absence, inform the employer of their inability to
attend for duty. If it is not reasonably practicable to inform the employer during
the ordinary hours of the first day or shift of such absence, the staff member
will inform the employer within 24 hours of the absence.
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.