Crown
Employees (NSW Department of Trade and Investment, Regional Infrastructure and
Services) Domestic Services Officers Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 232 of 2012)
|
Before The Honourable
Mr Justice Staff
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4 April 2012
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REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Saving of
Rights
5. Definitions/Generic
Duties Associated with Domestic
Services Officers
6. School
Based Apprentices
7. Hours of
Work
8. Allowances
9. Work
Performed on Weekends
10. Leave
11. Call Back
12. Job
Evaluation
13. Higher
Duties Allowance
14. Grievance
and Dispute Settling Procedures
15. Public
Service Holiday
16. Deduction
of Union Membership Fees
17. Personal/Carer’s
Leave and Parental Leave
18. Part-time
Employees
19. Anti-Discrimination
20. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
PART A
1. Title
This Award shall be known as the Crown Employees (NSW
Department of Trade and Investment, Regional Infrastructure and Services)
Domestic Services Officers Award.
2. Definitions
(i) "Act"
means the Public Sector Employment and Management Act 2002.
(ii) "Union"
means United Voice, the union formerly known as the Australian Liquor,
Hospitality and Miscellaneous Workers Union, NSW Branch.
(iii) "Association/Union"
means the Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales.
(iv) "College"
refers specifically to either the:
Murrumbidgee College of Agriculture, Yanco
CB Alexander Agricultural College (Tocal), Paterson or
Trangie Research Centre, Trangie
where an accommodation and catering service is
provided.
(v) "Department"
means the NSW Department of Trade and Investment, Regional Infrastructure and
Services, as specified in Schedule 1 of the Public Sector Employment and
Management Act 2002.
(vi) "Department
Head" means the Director General of the NSW Department of Trade and
Investment, Regional Infrastructure and Services as specified in Schedule 1 of
the Public Sector Employment and Management Act 2002.
(vii) "Director
General" means the Director General, Department of Premier and Cabinet as
established under the Public Sector Employment and Management Act 2002.
(viii) "Domestic
Services Officer" means and includes all members of staff permanently,
temporarily or casually employed under the provisions of the Act, who at the date of the first Crown Employees
(Domestic Services Officers - Department of Agriculture) Award, published 26
March 1999 (308 I.G. 732) occupied a position of, and were classified as either
Porter, Storeman, Pantry man, Steward, First Cook, Second Cook, Third Cook,
Fourth Cook, Domestic Assistant, Useful, Kitchen Hand, Butcher, Housemaid,
General Services Officer, Kitchen Supervisor, Security Officer, Manager,
Catering and Accommodation (Clerk Grade 3), House Supervisor, Assistant House
Supervisor; under this Award, meet the minimum qualification requirements
pursuant to clause 5 of this Award.
(ix) "Job
Evaluation" means a methodology agreed between the Department and the
relevant unions to grade Domestic Service Officer positions under this Award.
(x) "Member of
Staff" for the purposes of this Award, means a person employed as an
officer on probation, or officer, employed in any capacity under the provisions
of Part 2.3 of the Act, or a temporary employee employed under Part 2.4 of the
Act, who are classified under this Award, and employed in either a part-time or
full-time capacity, or a casual employee employed under Part 2.6 of the Act and
who is classified under this Award.
(xi) "Normal Work"
as defined in clause 14, is defined as the duties and responsibilities relevant
to the Statement of Duties, or Position Description, of a member, or members,
of staff, at the time of a Grievance, Dispute or Difficulty.
(xii) "Position"
means a position as dealt with in s.9 of the Public Sector Employment and
Management Act 2002.
(xiii) "Public
Service" means the Public Service of New South Wales as defined in the
Public Sector Employment and Management Act 2002.
(xiv) "Regulation"
means the Public Sector Employment and Management Regulation 2009.
(xv) "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.
(xvi) "Service"
means continuous service for salary purposes.
3. Salaries
Subject to the provisions of the Public Sector
Employment and Management Act 2002, and the regulations there under, the
rates of salary as set out in Table 1 - Salaries, of Part B, Monetary Rates
shall be paid to members of staff appointed to the positions specified.
4. Saving 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.
Definitions/Generic Duties Associated With Domestic Services Officers
Level 1 (Kitchen/Accommodation Services)
A level 1 Domestic Services Officer means a person
employed substantially in a kitchen, dining room, dormitory function within a
College and is principally occupied in any of the following duties: food preparation, serving of meals,
cleaning/vacuuming e.g. kitchen, dormitories, laundering of kitchen linen,
dining room preparation, waitressing, garbage collection, distribution of
chemicals and supplies to dormitories, provision of minor maintenance eg. globe
replacement etc., minor stock control, operation of dish washer, collection and
distribution of linen, servicing of rooms, making beds, minor cooking eg.
toast, sandwiches, general maintenance eg. rubbish removal. Cleaning of
guttering, toilets and bathrooms.
Level 2 (Cook)
A level 2 Domestic Services Officer means a person
employed in a kitchen who prepares, presents and serves meals including 3
course dinners, BBQ buffets, morning and afternoon beverages/tea for students
and special functions.
Cleaning of cooking equipment e.g. stoves and
floors. Prepares specialised diet meals
and other specialised meals. Applies
hygiene and safe food handling procedures.
Provides weekend supervision, which incorporates the responsibility of
kitchen services.
Level 3 (Security)
A level 3 Domestic Services Officer means a person
employed as one of the following:
(a) Possession of a
Class 1 Security Licence pursuant to the provision of the Security
(Protection) Industry Act 1997.
Provides security of College buildings and equipment, after hours
reception service to visitors, course participants, parents etc, including
booking of facilities, collection of monies, issuing of keys, operation of
after hours student transport, supervision of meals in dining room, provision
of first aid, organisation and facilitation of student recreation activities,
including the oversighting of student welfare, provide minor maintenance eg.
flyscreen replacement, including pool cleaning
and supervision of pool; or
(b) Provides direct
supervision of either an accommodation or kitchen service within a
College. Ensures menus and other directions
issued by the DSO level 4 are followed.
Maintains administration information/statistics on the provision of
meals etc. Ensures stock control on all
incoming kitchen stores and foodstuffs.
Assists DSO level 4 with accommodation issues.
Level 4 (Supervisory)
A level 4 Domestic Services Officer means a person
employed in the day to day responsibility of kitchen and accommodation services
within a College and is principally occupied in the following duties:
Co-ordination of Domestic Services Officer Level 1 and
Level 2, inspection of student dormitories, reception service for accommodation
co-ordination eg. enquires, reservations, receipting of monies, accounting
functions e.g. Voucher preparation, payment verification, allocation of cost
codes. Preparation of time sheets,
stock control, maintenance reports and menu preparation, word processing and
data entry.
Level 5 (Managerial)
A level 5 Domestic Services Officer means a person
employed to manage and co-ordinate the accommodation and catering functions of
a College and is principally occupied in the following duties:
Delivery of a professional service in the provision of
accommodation and catering. Control,
preparation and administration of budgets including voucher checking/approvals,
journals etc. Management of reservation facilities including computer system
maintenance, oversighting of student welfare, health counselling and
discipline. Co-ordination of functions
and client liaison. Rostering of all Domestic Services Officers and co-ordination
of Domestic Services Officer Level 4.
Provision of Occupational, Health and Safety obligations and First Aid
services. Diet/nutritional expertise for menu preparation.
6. School Based
Apprentices
(a) Definition
A school based apprentice is an employee who is
undertaking an apprenticeship under a training contract while also enrolled in
the Higher School Certificate.
(b) Wages
(i) The hourly
rates for full time apprentices as set out in this award shall apply to school
based apprentices for total hours worked including time deemed to be spent in
off-the-job training.
(ii) For the
purposes of paragraph (b)(i) of this clause, where a school based apprentice is
a full time school student, the time spent in off-the-job training for which
the school based apprentice is paid is deemed to be 25 per cent of the actual
hours worked on-the-job each week.
(iii) The wages paid
for training time may be averaged over the school term or year.
(iv) Where this award
specifies a weekly rate for full time apprentices, the hourly rate shall be
calculated by dividing the applicable weekly rate by 38.
(c) Progression
through the Wage Structure
(i) School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
(ii) The rates of
pay are based on a standard apprenticeship of four years. The rate of progression reflects the average
rate of skill acquisition expected from the typical combination of work and
training for a school based apprentice undertaking the applicable
apprenticeship.
(d) Conversion from
a school based apprentice to a full time apprenticeship
Where an apprentice converts from a school based to a
full-time apprenticeship, all time spent as a full-time apprentice counts for
the purpose of progression through the wage scale set out in this award. This progression applies in addition to the
progression achieved as a school based apprentice.
(e) Conditions of
Employment
Except as provided by this clause, school based
apprentices are entitled to pro rata entitlements of all other conditions of
employment contained in this award.
7. Hours of Work
(i) Subject to
subclause (iii) of this clause the ordinary hours of work shall not exceed an
average of thirty-eight per week where a weekly roster is observed or
seventy-six per fortnight where a fortnightly roster is observed. Such ordinary hours shall be worked in five
days on a weekly roster or in ten days on a fortnightly roster and within a
margin of fourteen hours per day provided that in order to provide Domestic
Service Officers with greater flexibility and to provide the Colleges with
improved efficiency in rostering provisions;
(ii) The margin for
the ordinary hours of work on any one day shall be 6.00am to 8.00pm. The margin of hours shall be calculated from
the time of starting to the time of finishing and shall include all time for
meals.
(iii) The actual
ordinary hours worked by a full-time employee in any week may, by written
agreement between the Supervisor and the officer, be averaged over a period of
4 weeks between the hours of 6.00am and 8.00pm provided that;
(iv) The total
ordinary hours worked in the 4-week period must not exceed 152 hours,
(v) With the exception
of Domestic Services Officer Grade 3 (Security) should the approved hours
worked by employees be;
outside the margin for ordinary working hours of 6.00am
to 8.00pm,
exceed 152 hours in any one four week period,
the provisions of the Crown Employees (Public Service
Condition of Employment) Award 2009 and any variation or replacement award
shall apply with all overtime to be calculated on a stand alone daily basis.
(vi) The ordinary
hours as specified in subclause (i) of this clause shall be arranged so that
the hours worked on each day shall include a proportion of one (1) hour (such
proportion will be on the basis of 0.4 of one hour for each eight ordinary
hours worked).
The proportion shall accumulate to allow the employee
to take one (1) rostered day off in each twenty day, four week cycle, paid for
as though worked, with a maximum of twelve (12) days per annum.
By agreement of the Supervisor an employee may
accumulate days to be taken at a time convenient to the operation of the
college. Such accumulation is not to
exceed five (5) days.
(vii) Where the day
off provided under subclause (vi) of this clause is taken on a rostered basis,
where practicable the day chosen shall be one preceding or following the
employee’s normal rostered day(s) off.
Another day shall be substituted where a public holiday occurs on the
rostered day off.
(viii) An employee who
has not worked, or is not regarded by reasons of subclause (ii) or (iii) o f
this clause as having worked, a complete four week cycle shall receive pro-rata
accrued entitlements in respect of the rostered day off.
(ix) Each day of
paid sick leave taken during any cycle of four weeks shall be regarded as a day
worked for accrual purposes in the particular twenty (20) day shift cycle.
(x) Time towards a
rostered day off as prescribed in subclauses (ii) and (iii) of this clause
shall not accrue whilst an employee is on the first four (4) weeks of
recreation leave accrued each year.
(xi) Where an
employee is absent on extended leave and/or Worker’s Compensation during a
cycle and returns prior to the end of that cycle, time absent during that cycle
shall count towards the accrual of time for the purpose of taking a rostered
day off during that cycle. An employee
who is absent on extended leave and/or Worker’s Compensation for a full cycle
shall not be entitled to accumulate time towards a rostered day off during that
cycle.
(xii) Employees on an
ordinary weekly or fortnightly roster shall be granted two (2) days off duty
each week.
(xiii) Shift rosters
may be changed on seven (7) days notice or at any time by mutual consent, or in
exceptional circumstances on twelve (12) hours notice if rendered necessary by
the absence of other employees from duty or shortage of staff, or other
exceptional circumstances.
(xiv) Part-time
employees who work regular hours on a five day basis shall be entitled, by
mutual agreement between the Supervisor and the employee, to the benefit of the
38 hour week, 19 day month on a pro-rata basis.
(xv) Casual employees
shall not be eligible to accumulate time in accordance with the provisions of
this Award for a 38 hour week, 19 day month.
(xvi) The starting and
finishing times of employees shall be as determined by the Supervisor following
consultation with the Domestic Service employees to suit the needs of the
College.
(xvii) Members of staff
cannot be required to work more than 5 hours in one continuous period without
an unpaid meal break of at least 30 minutes.
(xviii) Rostered days
off may accumulate and in the case of school/college locations may be scheduled
during the appropriate vacation periods to suit the needs of the employer. Dates for the taking of such accumulated
leave shall be agreed mutually between the employee and employer throughout the
year.
(xix) An employee who
is required to work on their rostered day off shall be paid in accordance with
the provision of the Crown Employees (Public Service Conditions of Employment)
Award 2009 and any variation or replacement award.
8. Allowances
The additional payments prescribed by this clause shall
not apply to time worked on Saturday and Sundays where allowances are payable
in terms of clause 9, Work performed on Weekends of this Award or in the
computation of overtime rates.
(a) Qualification
A full-time employee, if in possession of the following
qualifications, shall be paid the following additional allowances specified
hereunder from the beginning of the first pay period to commence on or after
the first day of the month succeeding the date on which the final paper of the
particular examination, at which he or she passed, was held, whichever shall
last occur:
Department of Technical and Further Education
Commercial Cookery Trade Course Stage I; or
Qualification deemed by the Department to be equivalent
shall be paid per annum an amount as set out in Item 1 of Table 2 - Allowances
of Part B, Monetary Rates.
Department of Technical and Further Education
Commercial Cookery Trade Course Stage II and III; or
Qualifications deemed by the Department to be
equivalent shall be paid per annum an amount as set out in Item 2 of Table 2 -
Allowances of Part B, Monetary Rates.
No allowance will be payable for relief, where
necessary, where staff are on rostered leave arising from the 38 hour week, 19
day month.
(b) Shifts
The following additional allowances for shift work
shall be paid to Domestic Service Officers Level 3 (Security) in respect of
work performed during ordinary hours of shift as defined below:
Night Shift means any shift commencing after midnight
and at or before 5.00am.
Afternoon Shift means any shift commencing after 6 pm
and at or before midnight.
Early Morning Shift means any shift commencing after
5.00am and before 6.00 am.
Night Shift - non rotating means any shift system in
which night shifts are worked which do not rotate or alternate with another
shift so as to give the employee at least one third of the employees working
time off night shift in each roster cycle.
Broken Shifts means the working of two or more shifts
per day by an employee within the ordinary hours as specified in subclause
(iii) of clause 7, Hours of work.
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Percentage
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Early Morning Shift
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10
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Afternoon Shift
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15
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Night Shift, rotating
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17.5
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Night Shift, non-rotating
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30
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(c) Broken Shifts
Employees working a broken shift shall be paid an
additional amount per day for each day so worked as set out in Item 3 of Table
2 - Allowances of Part B, Monetary Rates.
Any employee receiving broken shift allowance pursuant
to this subclause shall not receive any other allowance provided for under
subclause (b) of this clause.
9. Work Performed on
Weekends
Time worked on Saturday and Sundays, other than that
worked as overtime, shall be paid for at the rate of:
|
Saturday Work
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time and one half
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|
Sunday
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double time
|
Provided that a shift in which the majority of hours
are worked on a Saturday or Sunday shall, for the purpose of this clause, be
regarded as a Saturday or Sunday shift as the case may be.
10. Leave
(i) General leave
conditions of employees under this Award shall be regulated in accordance with
the provisions contained within the Public Sector Employment and Management
Act 2002 and Regulation and the Crown Employees (Public Service Conditions
of Employment) Award 2009 and any variation or replacement award.
(ii) When Colleges
are in recess and it is necessary to stand down staff, employees employed in
such colleges shall be paid half ordinary pay for the period during which they
have been stood down, provided that they have been continuously employed for
the college term immediately preceding and for the college term immediately
following the period of recess.
(iii) During any
period of annual leave taken by an employee that employee shall be paid, in addition
to his/her ordinary rate of pay prescribed in clause 3, Salaries, any amount in
respect of shift penalties to which he/she would have become entitled had
he/she not proceeded on annual leave.
Such shift penalties to be calculated in accordance with his/her roster
or projected roster for the period of annual leave.
(iv) Employees who
are regularly rostered to perform rostered duty on Sundays and Public Holidays
shall be granted additional leave on the following basis:
|
Number of Ordinary Shifts Worked on
|
|
|
Sunday and/or Public Holidays
|
Additional Leave
|
|
|
|
|
4-10
|
1 additional days
leave
|
|
11-17
|
2 additional days
leave
|
|
18-24
|
3 additional days
leave
|
|
25-31
|
4 additional days
leave
|
|
32 or more
|
5 additional days
leave
|
11. Call Back
An employee required to attend the employer’s premises
for any reason (including emergencies after hours) other than carrying out
rostered duties shall be entitled to claim leave in lieu on an hour for hour basis.
This leave in lieu accrued may accumulate and in the
case of school/college locations may be scheduled during the appropriate
vacation periods to suit the needs of the employer. Dates for the taking of such accumulated leave shall be agreed
mutually between the employee and employer throughout the year. All accumulated leave in lieu must be
exhausted by the 30th January each year.
12. Job Evaluation
(i) Positions
classified as Domestic Services Officers shall be graded in accordance with the
accredited Job Evaluation methodology agreed by the Department, Director
General, Association and United Voice.
(ii) The grading of
Domestic Services Officers positions 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) Positions will
be evaluated and graded from time to time in the following circumstances:
(a) where the nature
of a position is significantly changed, or a new position is created.
(b) where a position
falls vacant, the Department can determine whether it is necessary to evaluate
and grade the position prior to advertising the vacancy.
(c) at the request
of any party to this Award provided that the position occupied by the member of
staff has not been evaluated and graded for a minimum of twelve (12) months.
Where a member of staff’s position is evaluated as
falling within a lower or higher grading than that to which the member of staff
is presently appointed, then the Department:
(a) will examine the
feasibility of initiating work redesign changes to the position in order to
seek to justify the position’s salary range at its existing grading level, or;
(b) adhere to
existing statutory and related Public Service policies on filling regraded
positions if initiating action under paragraph (a) of this subclause is
determined to be inconsistent with maintaining Department efficiency, or
otherwise impracticable.
13. Higher Duties
Allowance
(i) A member of
staff who is relieving in a higher graded position undertakes the whole of the
duties and responsibilities of that position shall be paid by allowance the
difference between their present salary and the salary of which the member of
staff would have been entitled to if appointed to that position.
(ii) Where the
member of staff does not assume the whole of the duties and responsibilities of
the position the amount of any allowance paid shall be determined by the
Department Head or their nominee.
(iii) No higher
duties allowance shall be payable where less than 5 consecutive days relief is
afforded.
Where absences of less than 5 days occur during a
period of relief, as subclauses (i) and (ii) of this clause, the allowance is
to be paid for those periods of absence.
However, if the period of relief is only for 5 days, during which there
is a period of absence then the allowance is not payable.
An allowance shall not be paid in respect of any period
of leave exceeding 5 complete and consecutive working days, taken by the member
of staff during any period of relief in another position.
14. 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 appropriate
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 Department
Head or delegate.
(iv) 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.
(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 Department Head.
(vi) The Department
Head may refer the matter to the Director General for consideration.
(vii) If the matter
remains unresolved, the Department Head 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/United
Voice representative.
(ix) The member of
staff or the Association/United Voice on their behalf, or the Department Head
may refer the matter to the New South Wales Industrial Relations Commission if
the matter is unresolved following the use of these procedures.
(x) The member of
staff, Association/United Voice, Department and Director General shall agree to
be bound by any order or determination by the New South Wales Industrial
Relations Commission 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
occupational 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.
15. Public Service
Holiday
(i) The Public
Service Holiday as prescribed by Clause 10.2(c) of the Public Sector Employment
and Management Regulation 2009, shall be a Public Service Holiday/Union Picnic
Day for staff covered by this Award and shall be in lieu of any other Picnic
Day.
(ii) All staff
shall, as far as practicable, be given and shall take this day as the Public
Service Holiday/Union Picnic Day and shall be paid therefore as for eight
hours’ work at the rate prescribed in clause 3, Salaries. Any staff required to work on such day shall
be paid at the rate of double time and a half for not less than four hours
work. Provided that a member of staff
who is required to work on the Public Service Holiday/Union Picnic Day and who
fails to comply with such requirement shall not be entitled to payment for the
day.
16. 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.
17. Personal/Carers
Leave and Parental Leave
The provisions of
Family and Community Service Leave,
Sick Leave to Care for a Family Member, Parental Leave and Casual
Employment, of the Crown Employees (Public Service Conditions of Employment)
Award 2009 and any variation or replacement award apply to employees under this award.
18. Part-Time
Employees
(i) The maximum
rates of pay for part-time employees shall be the hourly equivalent of the
ordinary rate of pay of the classification in which the employee is engaged for
the actual number of hours worked, plus a loading of 15% in respect of an
employee working not more than 21 hours per week, and 10% in respect of an
employee working more than 21 hours but not more than 32 hours per week.
(ii) Employees
working more than 32 hours per week shall be regarded as weekly employees.
(iii) The hourly
equivalent for the purpose of this clause shall be based as 38 hours where a
part-time employee is not accruing credits towards rostered days off but is
paid only for hours worked.
(iv) The hourly
equivalent for the purpose of this clause shall be based on 40 hours where a
part-time employee is accruing credit for time worked towards rostered days
off.
19.
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".
20. Area, Incidence
and Duration
The employees 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 Public Sector Employment and Management Act 2002, the Public Sector
Employment and Management Regulation 2009, Crown Employees (Public Service
Conditions of Employment) Award 2009 and the Crown Employees (Public Sector -
Salaries 2008) Award or any awards replacing these awards.
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 4 April 2012.
Changes made to this award subsequent to it first being
published on 9 November 2007 (364 I.G. 341) have been incorporated into this
award as part of the review.
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
Effective from the beginning of first pay period to
commence on or after 1 July 2011
Domestic Services Officers
|
(A) Full Time (Old Classifications)
|
Annual
|
Common
|
|
|
Rate
|
Salary Point
|
|
|
$
|
|
|
Level 1
|
Porter, Pantry Person, Store Person, Useful,
|
|
|
|
|
Steward, House Person, Kitchen Person
|
40,662
|
17
|
|
|
Boiler Attendant, Fourth Cook
|
|
|
|
|
General Services Officer Grade 1,
|
|
|
|
Level 2
|
Cook 1,2 & 3, Butcher, Kitchen Supervisor
|
|
|
|
|
General Services Officers Grade 2
|
43,539
|
23
|
|
|
General Services Officer Grade 3,
|
|
|
|
|
Security Officer Grade 1
|
|
|
|
Level 3
|
Security Officer Grade 2
|
46,657
|
31
|
|
|
Assistant House Supervisor
|
|
|
|
|
Security Officer Grade 3
|
|
|
|
Level 4
|
House Supervisor
|
52,489
|
44
|
|
Level 5
|
Manager Catering and Accommodation
|
67,267
|
70
|
(B) Part-Time Hourly
Rate Formulae
|
Annual Salary
|
x
|
1
|
=
|
1 hours pay
|
|
260.8929
|
|
38
|
|
|
(C) Apprentice Cook
- $ PW
|
1st Year
|
$431.42
|
|
2nd Year
|
$569.49
|
|
3rd Year
|
$704.38
|
|
4th Year
|
$824.41
|
Table 2 - Other Rates and Allowances
Effective from the beginning of first pay period to
commence on or after 1 July 2011
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
|
$
|
|
1
|
8 (a)
|
Qualification -
|
757 p.a.
|
|
|
|
Commercial Cookery Trade Course Stage I
|
|
|
2
|
8 (a)
|
Qualification -
|
|
|
|
|
Commercial Cookery Trade Course Stage II and III
|
1,519 p.a.
|
|
3
|
8 (c)
|
Broken Shift
|
12.79 per day
|
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.