CROWN EMPLOYEES (ABORIGINAL
HOUSING OFFICE 2004) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial
Relations Act 1996.
(No. IRC 1828 of
2004)
Before The Honourable Mr Deputy President Harrison
|
13 August 2004
|
REVIEWED AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Definitions
3. Statement
of Intent
4. Work
Environment
5. Anti-Discrimination
6. Grievance
and Dispute Resolution Procedures
7. Classifications
and Salary Structures
8. Working
Hours
9. Leave
10. Travel
Passes
11. Deduction
of Association Membership Fees
12. Review
Clause
13. Area,
Incidence and Duration
1. Title
This award will be known as the Crown Employees (Aboriginal
Housing Office 2004) Award.
2. Definitions
"Chief Executive Officer" means the Chief
Executive Officer of the Aboriginal Housing Office.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Employees" means all those persons who are
permanently or temporarily employed under the Public Sector Employment and
Management Act 2002 and who are employed in a classification under this
award, except officers employed in the Senior Executive Service.
3. Statement of
Intent
3.1 This award
aims to provide appropriate, flexible workplace conditions within the
Aboriginal Housing Office (AHO) to ensure that the AHO can:
operate in accord with the provisions of the Aboriginal
Housing Act 1998;
provide its services efficiently and effectively to
meet the diverse interests and needs of its clients and stakeholders; and
ensure that the professionalism, dedication and
commitment of management and staff are recognised and valued.
In addition, this award is intended to facilitate and
support the employment of Aboriginal people within the AHO.
3.2 This Award
should be read in conjunction with the Memorandum of Understanding between the
AHO and the Association dated February 2000.
3.3 The Parties to
this Award are:
The Public Employment Office and Chief Executive
Officer of the Aboriginal Housing Office, and
The Association on behalf of the employees of the
Aboriginal Housing Office.
4. Work Environment
4.1 The AHO will
meet its responsibilities with respect to the occupational health and safety of
AHO staff in accordance with the Occupational Health and Safety Act 2000
and its associated regulations.
4.2 The AHO is
committed to equality of opportunity in employment and will seek to ensure that
this commitment is reflected in all its operations, within the framework of its
policy of seeking to maximise the sustainable employment of Aboriginal people
both within the AHO and within the Aboriginal housing sector.
4.3 The AHO will
require management and staff to meet their responsibilities under the Anti-Discrimination
Act 1977 to ensure that the AHO is a workplace free from harassment on the
grounds of sex, race, marital status, physical or mental disability, sexual
preference, transgender, age or responsibilities as a carer.
5.
Anti-Discrimination
5.1 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.
5.2 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.
5.3 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.
5.4 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.
5.5 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
employees 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."
6. Grievance and
Dispute Resolution 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 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.
(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 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.
(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 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.
(vi) The Department
Head may refer the matter to the PEO for consideration.
(vii) 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.
(viii) A staff
member, at any stage, may request to be represented by the Association.
(ix) The staff
member or the Association 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 staff
member, Association, department and PEO 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 staff member or
member of the public
At any stage of this process either party may request
that the situation be referred to an independent mediator. Aboriginal staff have the right to have the
matter referred to an Aboriginal mediator if they request this.
7. Classifications
and Salary Structures
7.1 All AHO
employees will be paid in accordance with the salary structures set out in the
Crown Employees (Administrative and Clerical Officers - Salaries 2003) Award
and/or the Crown Employees (Public Sector - Salaries January, 2002) Award or
their successors.
7.2 AHO trainees
will be paid at the levels of salary established by the Clerks General Scale
set out in the Crown Employees (Administrative and Clerical Officers - Salaries
2003) Award or its successors, with previous years of paid employment
determining the salary up to a maximum of ten years.
7.3 At the time of
making this award, all employees are classified as Clerks. However, individual positions (and hence the
employees occupying those positions) will have a title which reflects the role
and functions of the position and which is meaningful to AHO clients and
stakeholders.
7.4 Incremental
progression for all employees will be subject to a satisfactory performance
report recommending progression.
8. Working Hours
8.1 Normal
business hours of the AHO will be 8.45 am to 5.00 pm.
8.2 Normal
contract hours for staff are 35 hours per week, Monday to Friday.
8.3 The following provisions
shall be read and applied in conjunction with Clause 11- Working Hours of the
Crown Employees (Public Service Conditions of Employment 2002) Award.
8.3.1 A standard
working day is 9.00 am to 5.00 pm Monday to Friday
8.3.2 The bandwidth
is from 7.30 am to 6.00 pm. Bandwidth
hours may be varied to meet the needs of the AHO or the personal needs of the
employee by agreement between an employee and their manager, subject to clause
8.3.5 and provided that changing the bandwidth does not incur additional
payments for overtime or meal allowance.
8.3.3 Coretime is
between 9.30 am and 3.30 pm. Coretime
is the period during the day when all staff are required to be on duty, unless
on authorised leave. The lunch break is
not part of coretime.
Coretime may be varied by agreement between an employee
and their manager, subject to clause 8.3.5.
Where the bandwidth is substantially varied in accordance with clause
8.3.2, coretime should likewise be varied.
8.3.4 The lunch break
may be taken within the period between 11.30 am and 2.30 pm.
The minimum lunch period is 30 minutes, and the normal
lunch period is one hour.
An employee may, with the approval of their manager,
extend the lunch period up to 2½ hours, provided that this longer lunch break
does not prevent the proper functioning of their section.
8.3.5 A flexible and
adaptable approach to working hours will be adopted to meet peak work demands,
service delivery requirements, and the personal circumstances of AHO employees.
Flexible working hours will only be available on the
condition that an adequate service is maintained at all times. Services
provided by the AHO will not be withdrawn to accommodate the absence of
employees under any flexible working hours arrangements.
Flexible working hours arrangements are subject to
organisational requirements. A staff member's attendance outside the hours of a
standard work day, but within the bandwidth shall be subject to the
availability of work.
9. Leave
9.1.1 Support will be
provided to Aboriginal staff with respect to their extended family, cultural
and ceremonial obligations and their involvement in their communities through
the approval of flex and other appropriate leave.
9.2 Leave will be
authorised and supported in accordance with Clauses 70 to 90 of the Crown
Employees (Public Service Conditions of Employment 2002) Award or its
replacement.
9.3 Flex leave
entitlements will be extended to accommodate and recognise additional hours which
may be required to be worked to meet the needs of the AHO, and to provide
greater flexibility to meet the personal needs of individual staff members.
9.4 Flexible
working hours as defined in Clause 20 of the Crown Employees (Public Service
Conditions of Employment 2002) Award
are varied as follows:
A maximum of 18 flex days may be taken in a year. The year will commence with the first flex
period in July each year, and conclude at the end of the last flex period
commencing in June each year.
Up to 2 flex days may be taken in any flex period,
subject to clause 8.3.5 and the approval of the manager.
Flexitime credits in excess of 10 hours at the end of
each flex period may be saved up to a limit of 42 hours (6 days) being held at
any one time.
On one occasion in a year between 1 and 5 consecutive
days may be taken in addition to the 2 day/s available in the flex period,
subject to clause 8.3.5 and the approval of the manager.
Approval is required prior to granting any flex leave.
Five working days notice is required when 2 or more flex days are requested.
This requirement may be waived for exceptional circumstances.
10. Travel Passes
The AHO will fund an up front payment on behalf of
interested permanent staff to purchase an annual public transport travel pass
(either rail, bus, ferry or a combination of these). Staff in turn will agree to repay this up front payment over 12
months through regular fortnightly deductions from after tax salary. This offer must be taken up by a date to be
stipulated for a minimum period of 12 months.
The cost of any Fringe Benefit Tax (FBT) implications for staff taking
up this offer must be met by the relevant individual officer.
11. Deduction of
Association Membership Fees
11.1 The Association
shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the Association in accordance with the
union’s rules.
11.2 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 union fortnightly membership fees payable shall be
provided to the employer at least one month in advance of the variation taking
effect.
11.3 Subject to
(11.1) and (11.2) above, the employer shall deduct union fortnightly membership
fees from the pay of any employee who is a member of the Association in
accordance with the union’s rules, provided that the employee has authorised
the employer to make such deductions.
11.4 Monies so
deducted from the employee’s pay shall be forwarded regularly to the
Association together with all necessary information to enable the Association
to reconcile and credit subscriptions to employees’ union membership accounts.
11.5 Unless other arrangements
are agreed to by the employer and the Association, all union membership fees
shall be deducted on a fortnightly basis.
11.6 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
deduction to continue.
12. Review Clause
Should there be any variation to the Crown Employees (Public
Sector - Salaries January 2002) Award, or an Award replacing it, during the
term of this award, by way of salary increase, or other benefit to the public
service, this award shall be varied to give effect to any such salary increase,
or other benefit from the operative date of the variation of the former award,
or replacement award.
Employees are entitled to the conditions of employment
provided by this award and by the Public Sector Employment and Management
Act 2002 and the Public Sector Employment and Management (General) Regulation
1996. The provisions of the Crown
Employees (Public Service Conditions of Employment 2002) Award or any
replacement award, also apply to employees covered by this award, except where
specifically varied by this award.
13. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and replaces the Crown Employees
(Aboriginal Housing Office 2000) Award published 7 September 2001 (327 IG 671).
The changes made to the Award 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 18 December 1998 (310 IG 359) take effect from 13 August 2004.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.