CROWN EMPLOYEES (STATE LIBRARY SECURITY STAFF) AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1838 of 2004)
Before The Honourable
Mr Deputy President Harrison
|
30 July 2004
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Title
3. Parties
to the Award
4. Salaries
5. Conditions
of Employment
6. Hours of
Work
7. Shift
Loadings
8. Incremental
Progression
9. Local
Arrangements
10. Deduction
of Union Membership Fees
11. Grievance
and Dispute Settling Procedures
12. Anti
Discrimination
13. Savings of
Rights
14. Area
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Part A
1. Definitions
"The Crown Award" means the Crown Employees
(Public Service Conditions of Employment) Award 2002.
"PEO" means Public Employment Office.
"PSA" means Public Service Association and
Professional Officers' Association Amalgamated Union of New South Wales.
"The State Library" means the State Library of New
South Wales.
2. Title
This Award shall be called the Crown Employees (State
Library Security Staff) Award.2004.
3. Parties to the
Award
The parties to the Award are the PEO and the PSA.
4. Salaries
Salaries have been annualised to include shift penalties
except those for Public Holidays. Shift loadings for Public Holidays will be
paid in the next available pay after working on a public holiday at the rate
provided in the "Shift Work and Overtime" provisions of the Crown
Award. The annualised salary rate will be the salary rate for all purposes
including calculating overtime, holidays, leave loading, superannuation and
long service leave.
The annualised salaries provided for in this award are
calculated by using the shift loadings contained in the "Shift Work and
Overtime" provisions of the Crown Award.
Staff employed under this award shall be eligible to receive
the more favourable of leave loading or
shift penalties when proceeding on recreation leave in accordance with the
"Leave" provisions of the Crown Award.
Salaries paid to staff employed as Security Officers at the
State Library will be as per Part B.
5. Conditions of
Employment
Except as where varied by this Award conditions of
employment shall be as provided for in the Crown Award.
Security staff will be granted five (5) Rostered Days Off in
each twenty (20) week shift cycle. Accrual of hours will be as locally
arranged. Rostered days off will be taken as per the roster. Up to three (3)
rostered days off may be banked.
Security staff will work the weekends rostered to qualify
them for the five (5) additional days leave provided for in the "Shift
Work and Overtime" provisions of the Crown Award.
There will not be a separate payment for a Computer
Allowance as computer skills and responsibilities have been taken into account
in the job evaluation process.
First aid allowances in line with the Crown Award will be
paid to staff that acquire a first aid certificate.
An approved uniform and accessories will be issued to each
Security Officer and must be worn when on duty. Uniforms and accessories will
be replaced on a needs basis as approved by the Security Co-ordinators.
Staffing levels will be determined to meet the security
needs of the Library. The State Library
will have in place recruitment strategies so that all vacant positions are
filled as expeditiously as possible.
6. Hours of Work
Hours of work shall continue to be thirty five (35) hours
per week worked over a seven (7) day roster.
The State Library may require a Security Officer to perform
duty beyond the hours determined above but only if it is reasonable for the
Security Officer to be required to do so.
A Security Officer may refuse to work additional hours in circumstances
where the working of such hours would result in them working unreasonable
hours. In determining what is
unreasonable the following factors shall be taken into account:
(1) the Officer’s
prior commitments outside the workplace, particularly the Officer’s family and
carer responsibilities, community obligations or study arrangements,
(2) any risk to
Security Officer health and safety,
(3) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
(4) the notice (if
any) given by the State Library regarding the working of the additional hours,
and by the Security Officer of their intention to refuse the working of
additional hours, or
(5) any other
relevant matter.
7. Shift Loadings
The annualised salaries provided for in this Award are based
on the current rosters and are calculated by using the penalties contained in
the "Shift Work and Overtime" provisions of the Crown Award.
8. Incremental
Progression
Staff who have been employed as a Security Officer with the
Library for more than twelve (12) months will be paid the second year rate effective
from the anniversary date of appointment, subject to satisfactory attendance,
conduct and performance of duties. An increment to the third year rate will
become due after an additional 12 months service, subject to satisfactory
attendance, conduct and performance of duties. An increment to the fourth year
rate will become due after an additional 12 months service, subject to
satisfactory attendance, conduct and performance of duties.
9. Local Arrangements
Payment of Security Licence fees will be as agreed between
the State Library and Security Staff.
To accrue time for rostered days off staff will take a forty
five (45) minute meal break and commence shifts at a time seven (7) minutes
before the listed starting time.
10. Deduction of Union
Membership Fees
(i) The
Association shall provide the employer with a schedule setting out union
fortnightly membership fees payable by members of the union in accordance with
the Association's rules.
(ii) The
Association shall advise the employer of any change to the amount of
fortnightly membership fees made under its rules. Any variation to the schedule of 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."
11. 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 State Library, 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) The immediate
manager 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.
(iv) Where the
grievance or dispute resolution 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 State Librarian & CEO or
delegate.
(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) days, or as soon as
practicable. This sequence of reference to successive levels of management may
be pursued by the staff member until the matter is referred to the State
Librarian & CEO.
(vi) The State
Librarian may refer the matter to the PEO for consideration.
(vii) If the matter
remains unresolved the State Librarian & CEO shall provide a written
response to the staff member and any party involved in the grievance, dispute
or difficulty, concerning action to be taken, or the reason for not taking action,
in regard to the matter.
(viii) A staff
member, at any stage, may request to be represented by their union.
(ix) The staff
member or the union on their behalf, or the State Librarian & CEO may refer
the matter to the New South Wales Industrial Commission if the matter is
unresolved following the use of these procedures.
(x) The staff
member, the union, the State Library and the PEO shall agree to be bound by any
order or determination by the New South Wales Industrial Commission in relation
to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (ix) 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.
12. Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and carer’s
responsibilities.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award 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 19 77;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes:
Employers and employees may also be subject to Commonwealth
anti-discrimination legislation.
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."
13. Savings of Rights
Should there be a variation to the Crown Employees (Public
Sector Salaries - January 2002) Award or an Award replacing that Award,
employees of the State Library covered by this Award will maintain the same
salary relationship to the rest of the public service. Any such increase will
be reflected in this Award either by a variation to it or by the making of a
new Award.
14. Area, Incidence
and Duration
This Award is made following a review under section 19 of
the Industrial Relations Act 1996 and replaces the previous reviewed
Crown Employees (State Library Security Staff) Award published 14 September
2001 (327 I.G. 916).
The changes made to the Award to give effect to s19 of the Industrial
Relations Act and the Principles for Review of Awards made by the
Industrial Relations Commission of New South Wales take effect on and from 22
June 2004.
The award remains in force until varied or rescinded, the
period for which it was made having already expired.
Part B
MONETARY RATES
The annualised salary rates as at 1 July 2003 as listed in
Table 1 below.
The annualised salary rates incorporate shift penalties as
per Clause 4, Salaries.
Table 1 - Rates of
Pay
Year
|
Annualised Salary Rate per year as at 1/7/03
|
|
$
|
1st year
|
41,460
|
2nd year
|
42,938
|
3rd year
|
$44,155
|
4th year
|
$45,486
|
R. W. HARRISON D.P.
____________________
Printed by the
authority of the Industrial Registrar.