Crown Employees (Department of Industry)
Professional Officers Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 285893 of 2018)
Before Chief Commissioner Kite
|
1 February 2019
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject
Matter
1. Title of
the Award
2. Definitions
3. Salaries
4. Savings
of Rights
5. Progression
Criteria
6. Appeals
Mechanism
7. Minimum Qualification
Requirements and Commencing Rates
8. Allowances
9. Job
Evaluation
10. Grievance
and Dispute Settling Procedures
11. Anti-Discrimination
12. Deduction
of Union Membership Fees
13. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
PART A
1. Title of the Award
This Award shall be known as the Crown Employees (Department
of Industry) Professional Officers Award.
2. Definitions
(i) "Act"
means the Government Sector Employment
Act 2013.
(ii) "Association/Union"
means the Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales or the Association of Professional
Engineers, Scientists and Managers, Australia (NSW Branch) to be known as
Professionals Australia.
(iii) "Department"
means the Department of Industry, as specified in Schedule 1, Part 1 of the Government Sector Employment Act 2013.
(iv) "Industrial
Relations Secretary" means the Secretary of the Treasury, as established
under the Government Sector Employment
Act 2013.
(v) "Job
Evaluation" means a methodology agreed between the parties to grade
Professional Officer roles under this Award.
(vi) "Member of
Staff" for the purposes of this Award, means a person employed as an
employee on probation, or employee, employed in any capacity under the
provisions of Part 4, Division 5 of the Act, who are classified under this
Award.
(vii) "Normal
Work" as defined in clause 10, Grievance and Dispute Settling Procedures,
is defined as the duties, responsibilities and capabilities relevant to the
Role Description, of a member or members of staff, at the time of a grievance,
dispute or difficulty.
(viii) "Professional
Officer" means and includes all members of staff employed under the provisions of the Act, who
at or after the date of this Award, are assigned to a role of, and were
classified as, a Professional Officer under this Award, and who meet the
minimum qualification requirements pursuant to clause 7, Minimum Qualification
Requirements and Commencing Rates.
(ix) "Public
Service" means the Public Service as defined in Part 4 of the Government Sector Employment Act 2013.
(x) "Regulation"
means the Government Sector Employment Regulation 2014, as amended.
(xi) "Role"
means a role assigned to an employee as dealt with in Part 4 Division 5 of the Government Sector Employment Act 2013.
(xii) "Rules"
means the Government Sector Employment (General) Rules 2014.
(xiii) "Salary
Rates" means the ordinary time rate of pay for the member of staff’s
grading, excluding shift allowances, weekend penalties, and all other
allowances not regarded as salary.
(xiv) "Secretary"
means the Secretary of the Department of Industry.
(xv) "Service"
means continuous service for salary purposes.
3. Salaries
This award is listed in Schedule A of the Crown Employees
(Public Sector - Salaries 2018) Award and salaries payable to employees shall
be in accordance with that award or any award replacing it. The rates set out
at Part B, Table 1 and Table 2 of this award are
subject to the rates as set by the Crown Employees (Public Sector - Salaries
2018) Award or any award replacing it.
4. Savings of Rights
At the time of making of this Award, no member of staff
covered by this Award will suffer a reduction in their rate of pay or any loss
or diminution in his or her conditions of employment as a consequence of the
making of this Award.
5. Progression
Criteria
(i) A
member of staff who has been in receipt of the maximum salary prescribed for
their Grade for 12 months shall be eligible to progress to the next Grade, up
to Grade 4, subject to satisfying the progression criteria, other than Research
Station Managers.
(ii) Research
Station Managers can be graded at level 3, 4 or 5 of the Professional Officers'
scale. Research Station Managers shall
commence at the minimum rate of the grade applicable to the role assigned and
will only be filled by comparative assessment and demonstrating the ability to
undertake the capabilities outlined in the Government Sector Capabilities
Framework and the existence of a vacancy.
(iii) Single graded
roles above Grade 4 will only be filled by comparative assessment and
demonstrating the ability to undertake the capabilities outlined
in the Government Sector Capabilities Framework and the existence of a vacancy.
6. Appeals Mechanism
(i) A
member of staff shall have the right to appeal a decision made by the
Department in relation to progression between Grade 1 and Grade 4.
(ii) A member of
staff who wishes to appeal against a decision refusing progression between
grades, pursuant to subclause (i) of clause 5,
Progression Criteria, must submit a written submission outlining their case to
the Director Industrial Relations within twenty eight (28) days of being
advised of the decision.
(iii) The Director
Industrial Relations shall constitute an appeals panel consisting of one (1)
Management representative, one (1) Association representative, and one (1) peer acceptable to the Department and Association.
(iv) The
appeals panel shall meet within twenty-eight (28) days of an appeal being
lodged by a member of staff. The appeals panel shall forward their written
recommendation on hearing the appeal to the Secretary, or delegated member of
staff, for approval.
(v) The Secretary,
or delegated member of staff, shall advise the member of staff who has lodged
the appeal of their decision on the appeal within seven (7) days of the appeal
being heard.
(vi) This
appeals procedure does not cover matters dealt with by clause 24 of the Rule.
7. Minimum
Qualification Requirements and Commencing Rates
The qualifications described in subclauses (i) to (v) of this clause describe the minimum tertiary
qualifications required for classification as a Professional Officer. In
addition to minimum tertiary qualifications, all Professional Officers must
demonstrate the ability to undertake the capabilities outlined in the
Government Sector Capability Framework relevant to the relevant role and grade.
(i) The
commencing rate of salary payable to a member of staff who has obtained a
degree, or equivalent qualifications, at a recognised University or tertiary
institution, requiring a minimum of three years full time study, or other
qualifications deemed by the Department to be the equivalent thereof shall be
the rate prescribed for the first year of service at Grade 1.
(ii) The commencing
rate of salary payable to a member of staff who has in addition to the
qualifications specified in subclause (i) of this
clause, has completed an additional course study to qualify for degree honours,
or has obtained a degree and additional qualifications at a recognised
University, and/or tertiary institution, requiring a minimum of four years full
time study, or qualifications deemed by the Department to be equivalent
thereof, shall not be less than the rate prescribed for Grade 1 Year 2.
(iii) The commencing
rate of salary payable to a member of staff who has
obtained a relevant post-graduate degree at a recognised University, or other
qualifications deemed by the Department to be the equivalent thereof, shall not
be less than the rate prescribed for Grade 1 Year 3.
(iv) The
commencing rate of salary payable to a member of staff who has obtained a
degree in Veterinary Science which is registrable in NSW shall not be less that
the rate prescribed for Grade 1 Year 4.
(v) Assignment to
either a Grade 8 or 9 role, is not dependent on
degree, or post-graduate degree qualifications. For consideration for
assignment to a vacant Grade 8 or 9 role, the member of staff who applies for a
vacant role at either Grade will have been assessed to hold generic
competencies comparable to Levels 7 or 8, of the Australian Qualification
Framework (AQF), accredited by the National Training Authority, or to have been
assessed as holding generic competencies for Levels 7 and 8 (ASF) which may be
developed for National Competency Standards - Public Administration, during the
operation of this Award.
8. Allowances
(i) A
member of staff who is assigned to a role in Charge of a Veterinary Laboratory
shall be paid an allowance of an amount as set out in Item 1 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates, which shall be calculated as
part of the members of staff’s salary for all purposes.
(ii) Members of
staff assigned to a role in Charge of a Veterinary Laboratory shall be assigned
for a period of up to two (2) years, with all future assignments to this role
being determined by merit selection following internal advertisement through
the relevant Veterinary Laboratory.
(iii) The allowance
referred to in subclause (i) of this clause shall be
subject to all adjustments made in relation to Allowances included in the Crown
Employees (Public Sector - Salaries 2018) Award, or any other subsequent
Award(s) establishing allowances in the public service.
9. Job Evaluation
(i) Roles
classified as Professional Officers shall be graded in accordance with the
accredited Job Evaluation methodology agreed by the Department, the Industrial
Relations Secretary and Associations, or any other methodology agreed between
the parties during the operation of this Award to grade Professional Officer
roles.
(ii) The grading of
Professional Officers roles shall be carried out in consultation between the
Department and Associations using the Department’s Joint Consultative
Committee. This Committee shall be the forum for negotiation and consultation
on the operation of the Department’s Job Evaluation methodology during the
operation of this Award.
(iii) Roles will be
evaluated and graded from time to time in the following circumstances:
(a) where the nature of a role is significantly changed, or a
new role is created;
(b) where a role falls vacant, the Department can determine
whether it is necessary to evaluate and grade the role prior to advertising the
vacancy; and
(c) at the request of any party to this Award provided that the
role occupied by the member of staff has not been evaluated and graded for a
minimum of twelve (12) months.
(iv) Where
a member of staff’s role is evaluated as falling within a lower or higher
grading than that to which the member of staff is presently assigned, then the
Department:
(a) will examine
the feasibility of initiating work redesign changes to the role in order to
seek to justify the role’s salary range at its existing grading level, or;
(b) adhere to
existing statutory and related Public Service policies on filling regraded roles
if initiating action under paragraph (a) of this subclause is determined to be
inconsistent with maintaining Department efficiency, or otherwise
impracticable.
10. Grievance and
Dispute Settling Procedures
(i) 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.
(ii) A member of
staff 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.
(iii) 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 member of staff to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Secretary or delegate.
(iv) The immediate
manager, or other appropriate employee, 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.
(v) If the matter
remains unresolved with the immediate manager, the member of staff 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 member of staff may pursue the sequence of
reference to successive levels of management until the matter is referred to
the Secretary.
(vi) The
Secretary may refer the matter to the Secretary for consideration.
(vii) If the matter
remains unresolved, the Secretary shall provide a written response to the
member of staff 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.
(viii) A member of
staff, at any stage, may request to be represented by the Association/Union.
(ix) The member of
staff or the Association/Union on their behalf, or the
Secretary may refer the matter to the Industrial Relations Commission of NSW if
the matter is unresolved following the use of these procedures.
(x) The member of
staff, Association/Union, Department and the Industrial Relations Secretary
shall agree to be bound by any order or determination by the Industrial
Relations Commission of NSW in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) 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 member of staff or member of the public.
11.
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
of 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 the 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.
(iii) 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.
(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 legislation referred to in this clause.
(a) Employers and
employees 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".
12. Deduction of Union
Membership Fees
(i) the Union Shall Provide the Employer With a Schedule Setting
Out Union Fortnightly Membership Fees Payable By Members of the Union in
Accordance With the Union's Rules.
(ii) The union 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.
(iii) Subject to (i) and (ii) 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.
(iv) 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.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) 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.
13. Area, Incidence
and Duration
The members of staff regulated by this Award shall be
entitled to the conditions of employment as set out in this Award and, except
where specifically varied by this Award, existing conditions are provided for
under the Government Sector Employment
Act 2013 , the Government Sector
Employment Regulation 2014 , the Government Sector Employment (General) Rules
2014, the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009 and the Crown Employees (Public Sector - Salaries 2018) Award or any
replacement Awards.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
rescinds and replaces the Crown Employees (NSW
Department of Trade and Investment, Regional Infrastructure and Services)
Professional Officers Award published 27
November 2015 (378 I.G. 335), as varied.
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 2018.
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
Effective from the beginning of the first pay period to
commence on or after 1.07.2018
(A) Full Time
|
1.7.2018 Annual
Rate
|
Common Salary
Points
|
|
2.50%
|
|
|
$
|
|
Grade 1
|
Year 1
|
63,199
|
46
|
|
Year 2
|
65,688
|
50
|
|
Year 3
|
69,350
|
56
|
|
Year 4
|
75,055
|
64
|
|
Year 5
|
79.602
|
70
|
|
Year 6
|
84,322
|
76
|
Grade 2
|
Year 1
|
88,450
|
81
|
|
Year 2
|
91,072
|
84
|
|
Year 3
|
93,848
|
87
|
|
Year 4
|
97,616
|
91
|
Grade 3
|
Year 1
|
101,684
|
95
|
|
Year 2
|
104,918
|
98
|
|
Year 3
|
107,007
|
100
|
|
Year 4
|
110,083
|
103
|
Grade 4
|
Year 1
|
114,481
|
107
|
|
Year 2
|
117,909
|
110
|
|
Year 3
|
121,379
|
113
|
Grade 5
|
Year 1
|
124,965
|
116
|
|
Year 2
|
127,460
|
118
|
Grade 6
|
Year 1
|
131,382
|
121
|
|
Year 2
|
135,444
|
124
|
Grade 7
|
Year 1
|
139,873
|
127
|
|
Year 2
|
144,521
|
130
|
Grade 8
|
Year 1
|
151,580
|
132
|
|
Year 2
|
159,218
|
133
|
Grade 9
|
Year 1
|
167,275
|
134
|
|
Year 2
|
175,741
|
135
|
(B) Part-Time
Hourly Rate Formulae
Annual Salary
|
1
|
|
52.17857143 x
|
35
|
1 hours pay
|
Table 2 - Other Rates and Allowances
Effective from the beginning of the first pay period to
commence on or after 1.07.2018
Item No
|
Clause No
|
Brief Description
|
1.7.2018 Amount
|
|
|
|
2.50%
|
|
|
|
$
|
1
|
8(i)
|
OIC Veterinary Laboratory
|
7,458 per annum
|
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.