Crown
Employees Food Safety Officers Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 242 of 2012)
|
Before The Honourable Mr
Justice Staff
|
18 July 2012
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Parties to
the Award
3. Definitions
4. Coverage
5. Statement
of Intent
6. Grading
and Evaluation of Positions
7. Scope of
Employment
8. Savings of
Rights
9. Salaries
10. Conditions
of Employment - General
11. Employment
of Food Safety Officers
12. Salary
Progression
13. Performance
and Competency Standard Development
14. Competency
Assessment Panel
15. Appeals
16. Higher
Duties Allowance
17. Home Office
Allowance
18. Garage and
Carport Allowance
19. Hours of
Duty
20. Overtime
21. Travelling
Allowances
22. On-Call
Allowance
23. Consultative
Arrangements
24. Multi-Skilling
25. Grievance
and Dispute Settling Procedures
26. Anti-Discrimination
27. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Schedule 1 - Food Safety Officer - Progression
Requirements
1. Title
This Award shall be known as the Crown Employees Food
Safety Officers Award.
2. Parties to the
Award
The parties to this Award are the Director-General,
Department of Premier and Cabinet and the Public Service Association and
Professional Officers’ Association Amalgamated Union of New South Wales.
3. Definitions
(a) "Act"
means - the Public Sector Employment and Management Act 2002.
(b) "Association"
means - the Public Service Association and the Professional Officers’
Association Amalgamated Union of New South Wales.
(c) "Authority"
means - the Office of the NSW Food Authority
(d) "Chief
Executive Officer" means - the Chief Executive Officer of the Office of
the NSW Food Authority.
(e) "Code of
Practice" means - requirements and guidelines to ensure a premises or
activity complies with statutory requirements.
(f) "Compliance,
Investigation & Enforcement Branch" means - a Branch of the NSW Food
Authority consisting of the Enforcement, Audit & Compliance and Foodborne
Illness Investigation Units.
(g) "Department"
means - The NSW Department of Trade and Investment, Regional Infrastructure and
Services.
(h) "Division
Head" means - the Director-General of the NSW Department of Trade and
Investment, Regional Infrastructure and Services.
(i)
"Director-General, Department of Premier and Cabinet" means - the
Director-General, Department of Premier and Cabinet, as established under the
Public Sector Employment and Management Act 2002.
(j) "Employee"
means - a person employed on a temporary basis.
(k) "Food
Safety Officer" means - a staff member employed by the Authority in the capacity of Food Safety Officer.
(l) "HACCP"
means - Hazard Analysis and Critical Control Point System - an international
food safety management system.
(m) "Job
Evaluation" means - an accredited job evaluation system used to grade
positions in NSW Food Authority.
(n) "National
Food Safety Standards" means - uniform food hygiene and safety regulations
set out in the Food Standard Code to ensure a nationally consistent approach to
food safety.
(o) "Normal
Work", in respect of clause 25, Grievance and Dispute Settling Procedures,
means - the duties and responsibilities contained in the position description
of a staff member, or staff members, at the time a grievance, dispute or
difficulty is notified within the Enforcement, Audit & Compliance,
Foodborne Illness Investigation Programs and Science & Policy Units or
within the NSW Food Authority.
(p) "Officer"
means - a person employed on a permanent full-time or permanent part-time
basis.
(q) "Position"
means - a staff position as defined in Section 9 of the Act.
(r) "Role"
means - a staff member employed in a role.
(s) "Science
& Policy Branch" means - a Branch of the NSW Food Authority consisting
of Programs, Policy, and Science & Shellfish Units.
(t) "Staff
member" means - an officer or employee employed in the capacity of Food
Safety Officer.
4. Coverage
The provisions of this Award shall apply to staff
members employed in the Compliance, Investigation & Enforcement Branch and
the Science & Policy Branch of NSW Food Authority in the capacity of Food
Safety Officer.
5. Statement of
Intent
This Award seeks to maintain equity in salary and
conditions between field staff of the former Meat, Dairy, and Seafood Branches
of NSW Food Authority and facilitate recruitment and retention of Food Safety
Officers.
6. Grading and
Evaluation of Positions
Positions will be graded and evaluated from time to
time in the following circumstances:
(a) Where the nature
of the position is significantly changed or where a new position is created.
(b) Where a position
falls vacant and the Division Head
seeks to determine whether it is necessary to evaluate the position prior to
advertising the vacancy.
(c) At the request
of any party to this Award, or staff member under the Award, provided that the
position(s) have not been reviewed for grading for at least (12) twelve months
prior to the request.
7. Scope of
Employment
(a) Employment will
be either on a permanent full time or permanent part time basis.
(b) Temporary
employees may be employed from time to time should the need arise.
8. Savings of Rights
No staff member of the Authority will suffer a
reduction in his or her salary or any loss or diminution in his or her
conditions of employment at the time of or as a consequence of the making of
this Award.
9. Salaries
(a) Staff members
will be appointed to one of the grades outlined in Table 1 of Part B, Monetary
Rates of this Award.
(b) The rates of pay
set out in Table 1 do not include payment for annual leave loading.
(c) The salary rates
set out in Table 1 will move in accordance with the Crown Employees (Public
Sector - Salaries 2008) Award or any variation or replacement Award.
10. Conditions of
Employment - General
Except as otherwise provided in this Award, the
provisions of:
(a) The Crown Employees
(Public Service Conditions of Employment) Award 2009 or any variation or
replacement Award will apply.
(b) The Crown
Employees (Transferred Employees Compensation) Award 2009 or any variation or
replacement Award
(c) Conditions of
employment other than those fixed by this Award are determined by the Public
Sector Employment and Management Act 2002, the Public Sector Employment and
Management Regulation 2009 and the New South Wales Government Personnel
Handbook.
11. Employment of
Food Safety Officers
(a) Positions will
be graded using an accredited job evaluation system.
(b) Except as
provided in subclause (c) of this clause, staff members will be employed with a
commencement salary at the first salary point in the grade of the role to which
they are employed.
(c) The Division
Head may employ a person at a higher salary level within the grade. In
determining commencing salary, regard will be had to:
(i) The person’s
skills, experience and qualifications,
(ii) The rate
required to attract the person, and
(iii) The
remuneration of existing staff performing similar work.
(d) Except for
deemed qualifications upon transition to the Award in 2002, the essential
qualifications for employment covered by this Award will be a tertiary
qualification, relevant to the role the person is to be employed in by the Authority, in Food Science, Environmental
Health, Aquatic or Animal Health, Law, Investigations or appropriate
qualification combined with relevant industry experience (as determined by the
Division Head).
12. Salary
Progression
There shall be 6 levels of Food Safety Officer, with
salary levels as prescribed in Table 1.
(a) Progression
within each grade will be by annual increment, provided the manager is satisfied
with the conduct and manner of performance of duties of the person concerned.
(b) Incremental
progression for all staff members will be subject to a satisfactory performance
report recommending progression.
(c) The Division
Head may approve the accelerated progression of a staff member through the
incremental scale for the role occupied by the staff member, in accordance with
assessments made through a performance management system.
(d) There will be
competency barriers for progression from Trainee Food Safety Officer (Food
Safety Officer Grade 1) to Food Safety Officer (Food Safety Officer Grade 2),
and from Food Safety Officer to Senior Food Safety Officer (Food Safety Officer
Grade 3)
(e) Employment of a
Food Safety Officer above Grade 3 will be by way of competitive selection to an
advertised vacancy.
13. Performance and
Competency Standard Development
(a) The parties to
this Award will participate in ongoing discussions to further develop the staff
members covered by the Award and the performance of NSW Food Authority. The
Chief Executive Officer will provide training and work opportunities for staff
development.
(b) The parties will
participate in:
(i) Development and
review of the NSW Food Authority Performance Management and Development System.
(ii) Discussion and
review of the qualifications, requirements and competencies detailed variously
in clause 11, Employment of Food Safety Officers, clause 12, Salary Progression
and Schedule 1 to this Award to ensure that they conform with national food
safety standards as they change and develop from time to time. These discussions will continue as a matter
of priority.
14. Competency
Assessment Panel
A Competency Assessment Panel will be formed consisting
of the staff members occupying the positions of Executive Director and unit
Manager of the branch where the staff member to be assessed is employed and a
Senior Technical Officer from within the Authority. The Panel will assess competency criteria of staff members
seeking progression from Trainee Food Safety Officer to Food Safety Officer or
Food Safety Officer to Senior Food Safety Officer.
15. Appeals
(a) A staff member,
who fails to satisfy the requirements of the competencies for progression from
Trainee Food Safety Officer to Food Safety Officer or Food Safety Officer to
Senior Food Safety Officer, as determined by the Competency Assessment Panel,
may appeal the decision of that panel.
(b) The staff
member, following the decision of the competency assessment panel, may lodge an
appeal in writing with the Division
Head or delegate within ten (10) working days of the panel advising the staff
member of its decision. The appeal must set out the grounds for the appeal.
(c) The Division
Head or delegate shall convene an Assessment Appeals Panel within ten (10)
working days of an appeal being lodged and advise the staff member of the
members of the panel.
(d) The Assessment
Appeals Panel shall allow the appellant to appear before it during its
determination of the appeal if so requested by the appellant.
(e) The Division
Head or delegate shall advise the staff member of the decision of the
Assessment Appeals Panel within five (5) days of the appeal being heard.
16. Higher Duties
Allowance
(a) Staff members
directed to perform the duties of a higher position for more than five
consecutive working days will be paid an allowance.
(b) The allowance
will be agreed following discussion with the staff member and will be a
proportion of the difference between the staff member’s salary and the salary
for the minimum rate of the higher position depending on the range of duties
undertaken and the level of responsibility accepted.
17. Home Office
Allowance
The provisions of clause 43 of the Crown Employees
(Public Service Conditions of Employment) Award 2009 or any variation or
replacement Award shall apply.
18. Garage and
Carport Allowance
The provisions of clause 48 of the Crown Employees
(Public Service Conditions of Employment) Award 2009 or any variation or
replacement Award shall apply.
19. Hours of Duty
The provisions of clause 11 of the Crown Employees
(Public Service Conditions of Employment) Award 2009 or any variation or
replacement Award shall apply.
20. Overtime
(a) A staff member may
be directed by the Division Head or delegate to work overtime, provided it is
reasonable for the staff member to be required to do so. A staff member may
refuse to work additional hours in circumstances where the working of such
hours would result in the staff member working unreasonable hours. In
determining what is unreasonable, the following factors shall be taken into
account:
(i) The staff
member’s prior commitments outside the workplace, particularly their family and
carer responsibilities, community obligations or study arrangements;
(ii) Any risk to
staff member health and safety,
(iii) The
flexibility of working hour arrangements having regard to the unusual
requirements of this occupation and the clients of NSW Food Authority,
(iv) The urgency of
the work to be performed during overtime, the impact on the operational
commitments of the organisation and the effect on client services,
(v) The notice (if
any) given by the Division Head or delegate regarding the working of overtime,
and by the staff member of their intention to refuse overtime, or
(vi) Any other
relevant matter.
(b) Payment for
overtime shall be made only where the staff member works directed overtime.
(c) The Overtime
provisions of the Crown Employees (Public Service Conditions of Employment)
Award 2009 or any variation or replacement Award shall apply.
21. Travelling
Allowances
The provisions of clauses 26 and 29 to 33 of the Crown
Employees (Public Service Conditions of Employment) Award 2009 or any variation
or replacement Award shall apply.
22. On-Call Allowance
(a) A staff member
shall be entitled to an on-call allowance when directed by the NSW Food
Authority to be on call outside the staff member’s working hours, in line with
the provisions of clause 92, On Call (Stand-by) and On Call Allowance of the
Crown Employees (Public Service Conditions of Employment) Award 2009 or any
variation or replacement Award.
(b) For a staff
member who is on call and called out by the NSW Food Authority, the overtime
provisions of the Crown Employees (Public Service Conditions of Employment)
Award 2009 or any variation or replacement Award shall apply to the time
worked.
(c) Where work
problems are resolved without travel to the place of work, whether on a weekday,
weekend or public holiday, work performed shall be compensated at ordinary time
for the time actually worked, calculated to the next 15 minutes.
23. Consultative
Arrangements
The parties agree to continue consultation to ensure
that the implementation of this Award realises improvements in service
delivery, productivity, efficiency and job satisfaction. The parties will
consult on such issues as training and development, work environment,
restructuring, job evaluation, performance management, succession planning,
multi-skilling, and cross training in different food commodities. Consultation
on theses matters should occur as close as possible to the source.
24. Multi-Skilling
The parties to the Award recognise that multi-skilling
is a condition of this Award. The parties agree that Food Safety Officers will
undertake training and development activities as provided by the NSW Food
Authority from time to time.
25. 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 NSW Food
Authority , 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 Devision 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 Division
Head.
(f) The Division
Head may refer the matter to the Director-General, Department of Premier and
Cabinet for consideration.
(g) If the matter
remains unresolved, the Division 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 Division 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, Division Head and Director-General, Department of Premier
and Cabinet shall agree to be bound by any order or determination by the
Industrial Relations Commission of 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.
26.
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 a staff member because the staff
member 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.
NOTES -
(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 this 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."
27. Area, Incidence
and Duration
(a) This Award
applies to staff members employed by the Authority in the capacity of Food
Safety Officer.
(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 New South Wales on 28
April 1999 (310 IG 359) take effect on and from 18 July 2012.
(c) Changes made to
this award subsequent to it first being published on 31 October 2008 (366 I.G.
875) have been incorporated into this Award.
(d) The 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
|
Food Safety Officers
|
|
Classification and Grades
|
Common
|
First pay period on
|
First pay period on
|
|
|
|
or after the 1.7.11
|
or after the 1.7.12
|
|
|
Salary
|
Per annum
|
Per annum
|
|
|
Point
|
2.5%
|
2.5%
|
|
|
|
$
|
$
|
|
Grade 1
|
Year 1
|
-
|
54,191
|
55,546
|
|
Year 2
|
-
|
55,743
|
57,137
|
|
Year 3
|
55
|
58,060
|
59,512
|
|
Grade 2
|
Year 1
|
-
|
61,568
|
63,107
|
|
Year 2
|
-
|
66,954
|
68,628
|
|
Year 3
|
82
|
75,552
|
77,441
|
|
Grade 3
|
Year 1
|
-
|
81,294
|
83,326
|
|
Year 2
|
-
|
84,209
|
86,314
|
|
Year 3
|
98
|
88,660
|
90,877
|
|
Grade 4
|
Year 1
|
-
|
92,584
|
94,899
|
|
Year 2
|
-
|
95,785
|
98,180
|
|
Year 3
|
111
|
100,613
|
103,128
|
|
Grade 5
|
Year 1
|
116
|
105,602
|
108,242
|
|
Year 2
|
120
|
110,079
|
112,831
|
|
Grade 6
|
Year 1
|
126
|
116,974
|
119,898
|
|
Year 2
|
130
|
122,128
|
125,181
|
Schedule 1
Food Safety Officer - Progression Requirements
The current NSW Food Authority training program assesses
and documents staff competencies. A Competency Assessment Panel will consider
the following progression criteria in the Compliance, Investigation &
Enforcement and the Science & Policy Branches.
The provisions of clauses 14 and 15 of this Award will
apply in relation to progression requirements.
Progression from Trainee Food Safety Officer (FSO 1) to
Food Safety Officer (FSO 2):
(a) Tertiary
qualifications in Food Science or appropriate qualifications combined with
relevant industry experience (as determined by the Division Head) in respect of
Compliance, Investigation & Enforcement Branch and the Science & Policy
Branch,
(b) Tertiary
qualifications in Environmental Health, Aquatic or Animal Health or appropriate
qualifications with relevant industry experience (as determined by the Division Head) in respect of the Shellfish
Unit.
(c) Demonstrated
knowledge of industry and technology and in respect of Compliance,
Investigation and Enforcement Branch, two or more years experience in auditing
at least two commodity sectors covered by the Food Safety Schemes in the Food
Regulation 2010.
(d) Working
knowledge of relevant Codes of Practice, Acts and Regulations, and Procedure
Manuals.
(e) Demonstrated
knowledge of NSW Food Authority licensing system.
(f) Good written
and verbal communication skills and ability to communicate at various levels to
advise, guide, explain and motivate industry personnel.
(g) Driver’s
Licence.
(h) Competence in
the use of computers for preparation of reports and for electronic
communication (word processing, Excel, Internet, e-mail, and, in respect of the
Shellfish Unit, Access).
(i) Demonstrated
ability to conduct Food Safety Audits and Inspections in respect of Compliance,
Investigation and Enforcement Branch.
(j) Demonstrated
ability to design and implement environmental monitoring programs in shellfish
harvesting areas in respect of the Shellfish Unit.
(k) Completed Food
Safety Auditor’s Course and meets auditor certification criteria in respect of
Compliance, Investigation & Enforcement Branch.
(l) Completed
recognised training in one or more of the following areas in respect of the
Shellfish Unit: geographic information systems (GIS), hydrology, depuration
systems, epidemiology, marine algal biotoxins, virology or related disciplines.
(m) Demonstrated
capacity to organise time and work with minimal supervision.
(n) Satisfactory
completion of HACCP based training.
Progression from Food Safety Officer (FSO 2) to Senior
Food Safety Officer (FSO 3):
(a) High level of
technical understanding of food safety issues.
(b) Detailed
knowledge of Codes of Practice, Acts and Regulations and the intent of
legislation.
(c) Capacity to provide
advice, training and education to industry and applicants.
(d) High level of
verbal and written communication skills.
(e) Proven ability
to provide comment or advice to NSW Food Authority on topical food safety
issues.
(f) Demonstrated
ability to conduct investigations, collect evidence, conduct prosecutions, and
gather information for reports.
(g) Capacity to act
as Lead Auditor in audits and make decisions on a range of technical matters in
respect of Compliance, Investigation & Enforcement Branch.
(h) Capacity to
interpret results of environmental monitoring programs (microbiological,
phytoplankton, heavy metal and pesticide) and make decisions on related
technical issues in respect of the Shellfish Unit.
(i) Ability to
provide constructive advice and guidance to Trainee Food Safety Officers and
Food Safety Officers in a team environment.
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.