State Crest
New South Wales Industrial Relations Commission
(Industrial Gazette)





spacer image spacer image

Crown Employees (Department of Justice (Juvenile Justice) - 38 Hour Week Operational Staff 2015) Reviewed Award
  
Date10/21/2016
Volume380
Part3
Page No.956
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C8639
CategoryAward
Award Code 1653  
Date Posted10/19/2016

spacer image spacer image

spacer image Click to download*
spacer image

(1653)

SERIAL C8639

 

Crown Employees (Department of Justice (Juvenile Justice) - 38 Hour Week Operational Staff 2015) Reviewed Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(Case No. 2016/00006315)

 

Before Commissioner Stanton

2 August 2016

 

AWARD

 

1.  Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Title and Scope

3.         Definitions

4.         Rates of Pay and Allowances

5.         Hours

6.         Hours, Working Arrangements, Leave, Meal Breaks and Overtime - Operational Staff Member (Non-Metropolitan Centres - Detainee Movements and Transport), Operational Staff Member (Court Logistics).

7.         All Incidents Allowance

8.         Shift Workers - Loadings, Penalties, Leave, Rosters and Overtime

9.         Casual Employment

10.       Higher Duties

11.       Settlement of Disputes

12.       Dignity and Respect in the Workplace

13.       Uniforms and Protective Clothing

14.       Right of Entry to Association Officials

15.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

2.  Title and Scope

 

2.1       This Award shall be known as the Crown Employees (Department of Justice (Juvenile Justice) - 38 Hour Week Operational Staff 2015) Reviewed Award. This Award covers Operational Staff of the Department as defined in Clause 3 of this Award who are employed under the provisions of the Act.

 

2.2       All other relevant conditions of employment not specified in this Award shall be provided in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and the Personnel Handbook where applicable.

 

3.  Definitions

 

"Act" means the Government Sector Employment Act 2013 as amended.

 

"Allocated Youth Officer Handcuff Allowance" means the allowance, as set out in Table 2(b) of Part B of this Award, as payment for carrying handcuffs and has approval for authorising the use of handcuffs in emergency situations only, as set out in the role description of Youth Officer.

 

"Association" means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

"Casual Employee" means any employee engaged in terms of Section 43 of the Act.

 

"Centre" means a Detention Centre as defined by the Children (Detention Centres) Act 1987.

 

"Court Logistics" means the roles located in the Court Logistics, Classifications and Placements and Security Intelligence Branches of the Department.

 

"Day Worker" means an Operational Staff member, other than a Shift Worker, who works ordinary hours of thirty eight (38) hours per week Monday to Friday inclusive and who commences work on such days at or after 6 am and before 10 am otherwise than as part of a shift system with an allocated day off ie 19 days in each 4 week period.

 

"Department" means the New South Wales Department Justice (Juvenile Justice).

 

"Detainee" means a person as defined by the Children (Detention Centres) Act 1987.

 

"Expense Related Payments" means payments in the nature of re-imbursement for reasonable expenses incurred in the performance of official duties and subject to a formal case-by-case claims approval process.

 

"Non-Metropolitan Centre" means, for the purpose of Clause 6.1 of this Award, the Acmena, Frank Baxter, Orana and Riverina Juvenile Justice centres.

 

"Operational Staff" means, for the purposes of this Award, the following roles:

 

Centre Manager;

 

Assistant Manager;

 

Assistant Manager Client Services;

 

Unit Manager;

 

Shift Supervisor/Assistant Unit Manager;

 

Youth Officer, Centre;

 

Youth Officer, Non Court Based, Court Logistics;

 

Youth Officer, Court Based, Court Logistics;

 

Court Supervisor, Court Logistics;

 

Logistics Officer, Court Logistics;

 

Drug Detection Security and Intelligence Officer;

 

Vocational Instructor;

 

Vocational Instructor (Cook Supervisor)

 

Kitchen Support Officer;

 

“Personnel Handbook” means the Personnel Handbook of the NSW Public Service or its replacement as published on the Public Service Commission website and updated from time to time.

 

"Shift Worker" means an Operational Staff member who works ordinary rostered hours up to 19 days in a 28 day period, as set out in Clause 5 of this Award.

 

4.  Rates of Pay and Allowances

 

4.1       The minimum rates of pay and allowances to be paid to Operational Staff are set out in Tables 1 and 2 of Part B of this Award. 

 

4.2       A chokage Allowance shall be paid at the rate as set out in item 1 of Table 2(a) of Part B to Vocational Instructors who are required to assist in clearing sewerage chokages and are required to assist in opening up any soil pipe, waste pipe, drain pipe or pump containing sewerage or who are required to work in a septic tank in operation.

 

4.3       A trade allowance shall be paid at the rate as set out in item 3 of Table 2(a) of Part B to Vocational Instructors who hold a trade qualification relevant to the Vocational Instructor’s vocational employment classification, in addition to the rates prescribed.

 

5.  Hours

 

5.1

 

(a)        Ordinary Hours

 

(i)         The ordinary hours of work for Shift Workers shall not exceed 152 hours per twenty eight (28) calendar days or an average of 38 hours per week in each roster cycle. Each Shift Worker shall be free from duty for not less than eight (8) full days and an allocated rostered day off in each cycle.

 

(ii)        The hours of work prescribed in paragraph (a)(i) of this sub-clause shall be arranged to allow variable working hours in each roster cycle of twenty eight (28) days to ensure that each Shift Worker shall work his/her other ordinary hours of work on not more than nineteen (19) days in the cycle.

 

(b)        Rostered Day Off Duty

 

(i)         Time for a rostered day off duty accrues at 0.4 of an hour for each eight hour day or shift.

 

(ii)        All paid ordinary working time and paid leave count towards accrual of time for the rostered day off duty.

 

(iii)       An Operational Staff rostered day off duty prescribed in paragraph (a)(ii) of this sub-clause shall be determined by having regard to the operational needs of the Centre. Where practicable the rostered day off duty shall be consecutive with the days off prescribed in paragraph (a)(i) of this sub-clause.

 

(iv)      Should the operational needs of the Centre require the rostered day off duty to be changed, another day shall be substituted in the current cycle. Should this not be practicable the day must be given and taken in the next cycle immediately following.

 

(v)       Where an Operational Staff member has accumulated sufficient time to take his/her rostered day off duty prior to entering on annual leave, it shall be allowed to the Operational Staff on the first working day immediately following the period of leave.

 

(vi)      Where an Operational Staff member has not accumulated sufficient time for a rostered day off duty prior to entering on annual leave, time in credit shall count towards taking the next rostered day off duty falling in roster sequence after the  Operational Staff member’s return to duty.

 

(vii)     An Operational Staff member shall be entitled to the next rostered day off duty after returning from a period of worker’s compensation leave or extended leave.

 

(viii)    A rostered day off duty is not re-credited if the Operational Staff member is ill or incapacitated on a rostered day off duty. However sick leave shall not be debited.

 

(ix)     Upon termination of employment, the Operational Staff member shall be paid for any untaken rostered time off.

 

(x)        Permanent part-time Operational Staff members, due to the terms of engagement, are paid for all time worked as there is no accrual of time for rostered days off duty.

 

(xi)       In the case of an Operational Staff member in receipt of an All Incidents Allowance prescribed in Clause 7 of this Award, should the operational needs of a Centre require the rostered day off duty to be changed, another day shall be substituted in the current cycle.  Should this not be practicable, rostered days off duty may be accrued to a maximum of five (5) days in any calendar year and be taken in a less active period.

 

5.2       Meal Breaks

 

(a)        Meal breaks must be given to and taken by Operational Staff members. No Operational Staff shall be required to work continuously for more than five (5) hours without a meal break of no less than thirty (30) minutes. However where a  Operational Staff member is called upon to work for any portion of a rostered unpaid meal break, such time shall be paid for at overtime rates.

 

(b)        The time taken for an Operational Staff member required by the Department to take a meal or meals with a detainee or detainees shall be considered as ordinary hours of work. All time in such circumstances shall be paid at the applicable rate of the shift and the Department shall provide a meal to the Operational Staff member free of charge, the meal to be of the same or no less than the quality of that provided to the detainee or detainees. In such circumstances the provision of paragraph (a) of this sub-clause shall not apply.

 

(c)        The provisions of paragraph (b) of this sub-clause shall only apply if an Operational Staff member or a group of Operational Staff take the meal or meals at the allocated meal time for the detainee or detainees and such Operational Staff or group of Operational Staff are physically located with the detainee or detainees and are engaged in the supervision of the detainee or detainees while taking their meal or meals.

 

6.  Hours, Working Arrangements, Leave, Meal Breaks and Overtime - Operational Staff Member (Non-Metropolitan Centres - Detainee Movements and Transport), Operational Staff Member (Court Logistics)

 

6.1       Operational Staff Member (Non-Metropolitan Centres, Detainee Movements and Transport)

 

Notwithstanding Clause 5 (except clause 5.1(b)) and Clause 8 (excluding 8.1-8.5) of this Award, if it is deemed necessary for operational reasons to undertake detainee movements or transport relating to a non-metropolitan centre, the following provisions will apply:

 

(a)        Ordinary Hours

 

(i)         The ordinary hours of work for the relevant Operational Staff member shall be thirty-eight (38) hours per week Monday to Friday inclusive between the hours of 6:00 a.m. and 10:00 p.m. with an allocated day off. i.e. nineteen (19) days in each four (4) week period.

 

(b)        Working Arrangements

 

(i)         The ordinary daily working hours for each Operational Staff member shall be displayed as a proposed working arrangement in a place conveniently accessible to staff members. The working arrangement will cover a minimum period of seven (7) days and will be displayed at least fourteen (14) days prior to the commencement date of the first working day of the proposed working arrangement.

 

(ii)                 A working arrangement may be altered at any time to enable service to be delivered where another staff member is absent from duty on account of illness, in an emergency or due to unforeseen circumstances.

 

(iii)       Operational staff members will be required to work variable start times depending upon operational requirements.

 

(c)        Annual Leave

 

(i)         At the rate of twenty (20) working days per year.

 

(d)        Public Holidays

 

(i)         All gazetted Public Holidays shall be taken as they fall.

 

(e)        Meal Breaks

 

(i)         Meal breaks must be given to and taken by the relevant Operational Staff. No Operational Staff member shall be required to work continuously for more than five (5) hours without a meal break of no less than thirty (30) minutes. However, where an Operational Staff member is called upon to work for any portion of an unpaid meal break, such time shall be paid for at overtime rates.

 

(ii)        In circumstances where the Department is unable to supply a meal, an Operational Staff member shall be compensated for any actual expenses properly and reasonably incurred for meals purchased for a detainee in custody under their supervision, and for the Operational Staff member.

 

(iii)       An amount equivalent to the rate for lunch or dinner money for overtime under the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 shall be paid to those employees who are unable to take a meal break for operational reasons after three (3) to five (5) hours from the start time. This arrangement shall be paid in lieu of overtime and will only occur in emergency or extreme circumstances, as the Department is obliged to provide appropriate breaks in accordance with Occupational Health and Safety requirements.

 

(f)        Other duties

 

When there are no detainee movements or transport, the Operational Staff members, under the arrangements set out in this Clause, are to perform other mainstream Centre duties (such as working on the unit floor) as directed by the Department.

 

(g)        Overtime

 

(i)         An Operational Staff Member may be directed by the Department to work overtime, provided it is reasonable for the staff member to be required to do so. An Operational Staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

(1)        The Operational Staff member’s prior commitments outside the workplace, particularly the staff member’s family and carer responsibilities, community obligations or study arrangements;

 

(2)        Any risk to the Operational Staff Member’s health and safety;

 

(3)        The urgency of the work required to be performed during overtime, the impact on the operational commitments of the Department and the effect on client services;

 

(4)        The notice, if any, given regarding the working of the overtime, and the Operational Staff member’s intention to refuse overtime; or

 

(5)        Any other relevant matter.

 

(ii)        Payment for overtime shall be made only where the Operational Staff member works approved overtime.

 

(iii)       Overtime shall be paid at the following rates:

 

(1)        Weekdays (Monday to Friday inclusive) - At the rate of time and one-half for the first two (2) hours and at the rate of double time thereafter for all directed overtime worked outside the Operational Staff member’s ordinary hours of duty.

 

(2)        Saturday - At the rate of time and one-half for the first two (2) hours and at the rate of double time thereafter.

 

(3)        Sundays - All overtime at the rate of double time.

 

(4)        Public Holidays - All overtime at the rate of double time and one-half.

 

(iv)      An Operational Staff member who works overtime on a Saturday, Sunday or Public Holiday shall be paid a minimum payment as for three (3) hours work at the appropriate rate.

 

(h)        Rest periods

 

(i)         An Operational Staff member who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.

 

(ii)        Where an Operational Staff member, at the direction of the supervisor, resumes or continues work without having had eight (8) consecutive hours off duty then such Operational Staff member shall be paid at the appropriate overtime rate until released from duty. The Operational Staff member shall then be entitled to eight (8) consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

 

6.2       Hours, Working Arrangements, Leave, Meal Breaks and Overtime - Operational Staff Members (Court Logistics)

 

(a)        Logistics Officer, Court Logistics

 

(i)         Ordinary hours

 

(1)        The ordinary hours of work for each Logistics Officer shall be thirty-eight (38) hours per week Monday to Friday inclusive between the hours of 7:00 a.m. and 9:00 p.m. with an allocated day off. i.e. nineteen (19) days in each four (4) week period.

 

(ii)        Working arrangements

 

(1)        The ordinary daily working hours for each Logistics Officer shall be displayed as a proposed working arrangement in a place conveniently accessible to staff members. The working arrangement will cover a minimum period of seven (7) days and will be displayed at least fourteen (14) days prior to the commencement date of the first working day of the proposed working arrangement.

 

(2)        A working arrangement may be altered at any time to enable service to be delivered where another staff member is absent from duty on account of illness, in an emergency or due to unforeseen circumstances. 

 

(3)        Logistics Officers will be required to work variable start times depending upon operational requirements.

 

(4)        If a variable start time commences at or after 10:00 a.m. and before 1:00 p.m., or at or after 1:00 p.m. and before 4:00 p.m. a loading of 10% and 12.5% shall apply respectively.

 

(iii)       Annual leave

 

(1)        At the rate of twenty (20) working days per year.

 

(iv)      Public Holidays

 

(1)        All gazetted Public Holidays shall be taken as they fall.

 

(v)       Meal Breaks

 

(1)        Meal breaks must be given to and taken by the relevant Logistics Officer. No Logistics Officer shall be required to work continuously for more than five (5) hours without a meal break of no less than thirty (30) minutes.  However, where a Logistics Officer is called upon to work for any portion of an unpaid meal break, such time shall be paid for at overtime rates.

 

(2)        An amount equivalent to the rate for lunch or dinner money for overtime under the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 shall be paid to those employees who are unable to take a meal break for operational reasons after three (3) to five (5) hours from the start time. This arrangement shall be paid in lieu of overtime and will only occur in emergency or extreme circumstances, as the Department is obliged to provide appropriate breaks in accordance with Occupational Health and Safety requirements.

 

(vi)      Overtime

 

(1)        A Logistics Officer may be directed by the Department to work overtime, provided it is reasonable for the Logistics Officer to be required to do so. A Logistics Officer may refuse to work overtime in circumstances where the working of such overtime would result in the Logistics Officer working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

a.         The Logistics Officer’s prior commitments outside the workplace, particularly the Logistics Officer’s family and carer responsibilities, community obligations or study arrangements;

 

b.         Any risk to the Logistic Officer’s health and safety;

 

c.          A working arrangement may be altered at any time to enable service to be delivered where another Logistics Officer is absent from duty on account of illness, in an emergency or due to unforeseen circumstances; 

 

d.         The urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services;

 

e.          The notice, if any, given regarding the working of the overtime, and the Logistics Officer’s intention to refuse overtime; and/or

 

f.          Any other relevant matter.

 

(2)        Payment for overtime shall be made only where the Logistics Officer works approved overtime.

 

(3)        Overtime shall be paid at the following rates:

 

a.         Weekdays (Monday to Friday inclusive) - At the rate of time and one-half for the first two hours and at the rate of double time thereafter for all directed overtime worked outside the Logistics Officer’s ordinary hours of duty, if working standard hours, or outside the bandwidth.

 

b.         Saturday - At the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

c.          Sundays - All overtime at the rate of double time.

 

d.         Public Holidays - All overtime at the rate of double time and one-half.

 

(4)        A Logistics Officer who works overtime on a Saturday, Sunday or Public Holiday shall be paid a minimum payment as for three (3) hours work at the appropriate rate.

 

(vii)     Rest periods

 

(1)        A Logistics Officer who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.

 

(2)        Where a Logistics Officer, at the direction of the supervisor, resumes or continues work without having had eight (8) consecutive hours off duty then such Logistics Officer shall be paid at the appropriate overtime rate until released from duty. The Logistics Officer shall then be entitled to eight (8) consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

 

(b)        Court Supervisor, Court Logistics

 

(i)         Ordinary hours

 

(1)        The ordinary hours of work for each Court Supervisor shall be thirty-eight (38) hours per week Monday to Friday inclusive between the hours of 7:00 a.m. and 6:00 p.m. with an allocated day off. i.e. nineteen (19) days in each four (4) week period.

 

(ii)        Working arrangements

 

(1)        The ordinary daily working hours for each Court Supervisor shall be displayed as a proposed working arrangement in a place conveniently accessible to staff members. The working arrangement will cover a minimum period of seven (7) days and will be displayed at least fourteen (14) days prior to the commencement date of the first working day of the proposed working arrangement.

 

(2)        A working arrangement may be altered at any time to enable service to be delivered where another staff member is absent from duty on account of illness, in an emergency or due to unforeseen circumstances. 

 

(3)        Court Supervisors will be required to work variable start times depending upon operational requirements.

 

(iii)       Annual leave 

 

(1)        At the rate of twenty (20) working days per year.

 

(iv)      Public Holidays

 

(1)        All gazetted Public Holidays shall be taken as they fall.

 

(v)       Meal Breaks

 

(1)        Meal breaks must be given to and taken by the relevant Court Supervisor. No Court Supervisor shall be required to work continuously for more than five (5) hours without a meal break of no less than thirty (30) minutes.  However, where a Court Supervisor is called upon to work for any portion of an unpaid meal break, such time shall be paid for at overtime rates.

 

(2)        In circumstances where the Department is unable to supply a meal, a Court Supervisor shall be compensated for any actual expenses properly and reasonably incurred for meals purchased for a detainee in custody under their supervision, and for the Court Supervisor.

 

(3)        An amount equivalent to the rate for lunch or dinner money for overtime under the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 shall be paid to those employees who are unable to take a meal break for operational reasons after three (3) to five (5) hours from the start time. This arrangement shall be paid in lieu of overtime and will only occur in emergency or extreme circumstances, as the Department is obliged to provide appropriate breaks in accordance with Occupational Health and Safety requirements.

 

(vi)      Overtime

 

(1)        A Court Supervisor may be directed by the Department to work overtime, provided it is reasonable for the Court Supervisor to be required to do so. A Court Supervisor may refuse to work overtime in circumstances where the working of such overtime would result in the Court Supervisor working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

a.         The Court Supervisor’s prior commitments outside the workplace, particularly the Court Supervisor’s family and carer responsibilities, community obligations or study arrangements;

 

b.         Any risk to the Court Supervisor’s health and safety;

 

c.          A working arrangement may be altered at any time to enable service to be delivered where another Court Supervisor is absent from duty on account of illness, in an emergency or due to unforeseen circumstances; 

 

d.         The urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services;

 

e.          The notice, if any, given regarding the working of the overtime, and the Court Supervisor’s intention to refuse overtime; and/or

 

f.          Any other relevant matter.

 

(2)        Payment for overtime shall be made only where the Court Supervisor works approved overtime.

 

(3)        Overtime shall be paid at the following rates:

 

a.         Weekdays (Monday to Friday inclusive) - At the rate of time and one-half for the first two hours and at the rate of double time thereafter for all directed overtime worked outside the Court Supervisor’s ordinary hours of duty, if working standard hours, or outside the bandwidth.

 

b.         Saturday - At the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

c.          Sundays - All overtime at the rate of double time.

 

d.         Public Holidays - All overtime at the rate of double time and one-half.

 

(4)        A Court Supervisor who works overtime on a Saturday, Sunday or Public Holiday shall be paid a minimum payment as for three (3) hours work at the appropriate rate.

 

(vii)     Rest periods

 

(1)        A Court Supervisor who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.

 

(2)        Where a Court Supervisor, at the direction of the supervisor, resumes or continues work without having had eight (8) consecutive hours off duty then such Court Supervisor shall be paid at the appropriate overtime rate until released from duty. The Court Supervisor shall then be entitled to eight (8) consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

 

(c)        Youth Officers (Court Based), Court Logistics

 

(i)         Ordinary hours

 

(1)        The ordinary hours of work for each Youth Officer shall be thirty-eight (38) hours per week Monday to Friday inclusive between the hours of 7:00 a.m. and 6:00 p.m. with an allocated day off. i.e. nineteen (19) days in each four (4) week period.

 

(ii)        Working arrangements

 

(1)        The ordinary daily working hours for each Youth Officer shall be displayed as a proposed working arrangement in a place conveniently accessible to Youth Officers. The working arrangement will cover a minimum period of seven (7) days and will be displayed at least fourteen (14) days prior to the commencement date of the first working day of the proposed working arrangement.

 

(2)        A working arrangement may be altered at any time to enable service to be delivered where another staff member is absent from duty on account of illness, in an emergency or due to unforeseen circumstances. 

 

(3)        Youth Officers will be required to work variable start times depending upon operational requirements.

 

(iii)       Annual leave 

 

(1)        At the rate of twenty (20) working days per year.

 

(iv)      Public Holidays

 

(1)        All gazetted Public Holidays shall be taken as they fall.

 

(v)       Meal Breaks

 

(1)        Meal breaks must be given to and taken by the relevant Youth Officer. No Youth Officer shall be required to work continuously for more than five (5) hours without a meal break of no less than thirty (30) minutes.  However, where a Youth Officer is called upon to work for any portion of an unpaid meal break, such time shall be paid for at overtime rates.

 

(2)        In circumstances where the Department is unable to supply a meal, a Youth Officer shall be compensated for any actual expenses properly and reasonably incurred for meals purchased for a detainee in custody under their supervision, and for the Youth Officer.

 

(3)        An amount equivalent to the rate for lunch or dinner money for overtime under the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 shall be paid to those employees who are unable to take a meal break for operational reasons after three (3) to five (5) hours from the start time. This arrangement shall be paid in lieu of overtime and will only occur in emergency or extreme circumstances, as the Department is obliged to provide appropriate breaks in accordance with Occupational Health and Safety requirements.

 

(vi)      Overtime

 

(1)        A Youth Officer may be directed by the Department to work overtime, provided it is reasonable for the Youth Officer to be required to do so. A Youth Officer may refuse to work overtime in circumstances where the working of such overtime would result in the Youth Officer working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

a.         The Youth Officer’s prior commitments outside the workplace, particularly the Youth Officer’s family and carer responsibilities, community obligations or study arrangements;

 

b.         Any risk to the Youth Officer’s health and safety;

 

c.          A working arrangement may be altered at any time to enable service to be delivered where another Youth Officer is absent from duty on account of illness, in an emergency or due to unforeseen circumstances; 

 

d.         The urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services;

 

e.          The notice, if any, given regarding the working of the overtime, and the Youth Officer’s intention to refuse overtime; and/or

 

f.          Any other relevant matter.

 

(2)        Payment for overtime shall be made only where the Youth Officer works approved overtime.

 

(3)        Overtime shall be paid at the following rates:

 

a.         Weekdays (Monday to Friday inclusive) - At the rate of time and one-half for the first two hours and at the rate of double time thereafter for all directed overtime worked outside the Youth Officer’s ordinary hours of duty, if working standard hours, or outside the bandwidth.

 

b.         Saturday - At the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

c.          Sundays - All overtime at the rate of double time.

 

d.         Public Holidays - All overtime at the rate of double time and one-half.

 

(4)        A Youth Officer who works overtime on a Saturday, Sunday or Public Holiday shall be paid a minimum payment as for three (3) hours work at the appropriate rate.

 

(vii)     Rest periods

 

(1)        A Youth Officer who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.

 

(2)        Where a Youth Officer, at the direction of the supervisor, resumes or continues work without having had eight (8) consecutive hours off duty then such Youth Officer shall be paid at the appropriate overtime rate until released from duty. The Youth Officer shall then be entitled to eight (8) consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

 

(d)        Youth Officers (Non-Court Based), Court Logistics

 

(i)         Ordinary hours

 

(1)        The ordinary hours of work for each Youth Officer shall be thirty-eight (38) hours per week Monday to Friday inclusive with variable start times, with an allocated day off. i.e. nineteen (19) days in each four (4) week period.

 

(ii)        Working arrangements

 

(1)        The ordinary daily working hours for each Youth Officer shall be displayed as a proposed working arrangement in a place conveniently accessible to Youth Officers. The working arrangement will cover a minimum period of seven (7) days and will be displayed at least fourteen (14) days prior to the commencement date of the first working day of the proposed working arrangement.

 

(2)        A working arrangement may be altered at any time to enable service to be delivered where another staff member is absent from duty on account of illness, in an emergency or due to unforeseen circumstances. 

 

(3)        Youth Officers will be required to work variable start times depending upon operational requirements.

 

(iii)       Annual leave

 

(1)        At the rate of twenty (20) working days per year.

 

(iv)      Public Holidays

 

(1)        All gazetted Public Holidays shall be taken as they fall.

 

(v)       Meal Breaks

 

(1)        Meal breaks must be given to and taken by the relevant Youth Officer. No Youth Officer shall be required to work continuously for more than five (5) hours without a meal break of no less than thirty (30) minutes.  However, where a Youth Officer is called upon to work for any portion of an unpaid meal break, such time shall be paid for at overtime rates.

 

(2)        In circumstances where the Department is unable to supply a meal, a Youth Officer shall be compensated for any actual expenses properly and reasonably incurred for meals purchased for a detainee in custody under their supervision, and for the Youth Officer.

 

(3)        An amount equivalent to the rate for lunch or dinner money for overtime under the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 shall be paid to those employees who are unable to take a meal break for operational reasons after three (3) to five (5) hours from the start time. This arrangement shall be paid in lieu of overtime and will only occur in emergency or extreme circumstances, as the Department is obliged to provide appropriate breaks in accordance with Occupational Health and Safety requirements.

 

(vi)      Overtime

 

(1)        A Youth Officer may be directed by the Department to work overtime, provided it is reasonable for the Youth Officer to be required to do so. A Youth Officer may refuse to work overtime in circumstances where the working of such overtime would result in the Youth Officer working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

a.         The Youth Officer’s prior commitments outside the workplace, particularly the Youth Officer’s family and carer responsibilities, community obligations or study arrangements;

 

b.         Any risk to the Youth Officer’s health and safety;

 

c.          A working arrangement may be altered at any time to enable service to be delivered where another Youth Officer is absent from duty on account of illness, in an emergency or due to unforeseen circumstances; 

 

d.         The urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services;

 

e.          The notice, if any, given regarding the working of the overtime, and the Youth Officer’s intention to refuse overtime; and/or

 

f.          Any other relevant matter.

 

(2)        Payment for overtime shall be made only where the Youth Officer works approved overtime.

 

(3)        Overtime shall be paid at the following rates:

 

a.         Weekdays (Monday to Friday inclusive) - At the rate of time and one-half for the first two hours and at the rate of double time thereafter for all directed overtime worked outside the Youth Officer’s ordinary hours of duty, if working standard hours, or outside the bandwidth.

 

b.         Saturday - At the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

c.          Sundays - All overtime at the rate of double time.

 

d.         Public Holidays - All overtime at the rate of double time and one-half.

 

(4)        A Youth Officer who works overtime on a Saturday, Sunday or Public Holiday shall be paid a minimum payment as for three (3) hours work at the appropriate rate.

 

(vii)     Rest periods

 

(1)        A Youth Officer who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.

 

(2)        Where a Youth Officer, at the direction of the supervisor, resumes or continues work without having had eight (8) consecutive hours off duty then such Youth Officer shall be paid at the appropriate overtime rate until released from duty. The Youth Officer shall then be entitled to eight (8) consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

 

(viii)    Loadings

 

(1)        A Youth Officer shall be paid for work performed during the ordinary hours plus the following loadings depending on the commencing times for each day’s ordinary hours.

 

Day

At or after 6 am and before 10 am

Nil

Afternoon

At or after 10 am and before 1 pm

10%

Afternoon

At or after 1 pm and before 4 pm

12.5%

Night

At or after 4pm and before 4 am

15%

Night

At or after 4 am and before 6 am

10%

 

(2)        The loadings above shall only apply to ordinary time worked from Monday to Friday.

 

7.  All Incidents Allowance

 

7.1       An All Incidents Allowance of 22% of base salary shall be payable to Operational Staff classified at Items (iv) - (viii) in Part B of this Award in addition to the salary prescribed in such Table as compensation for all time worked in excess of ordinary hours and other work related allowances including payments in lieu of overtime, on call, shift penalties, travel time and annual leave loading but does not include compensation for expense related payments. However the Department has the discretion to approve that work outside normal rostered hours attract the provisions of Clause 8.13 - Overtime.

 

7.2       The allowance shall be regarded as salary for all leave and superannuation purposes.

 

8.  Shift Workers - Loadings, Penalties, Leave, Rosters and Overtime

 

8.1       Monday to Friday - Shift Loadings

 

(a)        A Shift Worker employed on a shift shall be paid, for work performed during the ordinary hours of any such shift, ordinary rates plus the following shift loadings depending on the commencing times of such shifts:

 

Day

At or after 6 am and before 10 am

Nil

Afternoon

At or after 10 am and before 1 pm

10%

Afternoon

At or after 1 pm and before 4 pm

12.5%

Night

At or after 4 pm and before 4 am

15%

Night

At or after 4 am and before 6 am

10%

 

(b)        The loadings specified in this sub-clause shall only apply to shifts worked from Monday to Friday.

 

8.2       Weekends and Public Holidays - Penalties

 

(a)        For the purpose of this sub-clause any shift, of which 50% or more is worked on a Saturday, Sunday or Public Holiday shall be deemed to have been worked on a Saturday, Sunday or Public Holiday and shall be paid as such.

 

8.3       Saturday Shifts - Penalties

 

(a)        Shift Workers working on an ordinary rostered shift between midnight on Friday and midnight on Saturday which is not a Public Holiday, shall be paid for such shifts at ordinary time and one half.

 

8.4       Sunday Shifts - Penalties

 

(a)        Shift Workers working on an ordinary rostered shift between midnight on Saturday and midnight on Sunday which is not a Public Holiday, shall be paid for such shifts at ordinary time and three quarters.

 

8.5       Public Holidays - Penalties

 

(a)        When rostered on a Public Holiday and work is performed, additional payment will be made at the rate of half time.

 

(b)        When rostered off on a Public Holiday, no additional compensation or payment will be made.

 

(c)        Where a gazetted Public Holiday falls on a Sunday, Shift Workers rostered to work on that day shall be paid ordinary time and an additional payment at the rate of three quarter time.

 

(d)        A Shift Worker is entitled to receive compensation for regularly working Sundays and Public Holidays as specified in clause 8.6 of this Award.

 

8.6       Additional Payments

 

(a)        Additional payments will be made on the following basis:

 

Number of ordinary shifts worked on Sundays and/or

Additional Payment

Public Holidays during a qualifying period of twelve

 

months from 1 December one year to 30 November the

 

next year.

 

4 - 10

1/5th of one week's ordinary salary

11 - 17

2/5ths of one week's ordinary salary

18 - 24

3/5ths of one week's ordinary salary

25 - 31

4/5ths of one week's ordinary salary

32 or more

One week's ordinary salary

 

(a)        The additional payment shall be made after 1 December in each year for the preceding twelve (12) months.

 

(b)        Where the Shift Worker retires or the employment of a Shift Worker is terminated by the employer, any payment that has accrued from the preceding 1 December until the last date of service shall be paid to the Shift Worker.

 

(c)        Payment shall be made at the rate applicable as at 1 December each year, or at the salary rate applicable at the date of retirement or termination.

 

(d)        All Incidents Allowance as detailed in clause 7.1 of this Award applies to this payment,

 

8.7       Recreation Leave

 

(a)        Shift Workers shall be entitled to recreation leave at the rate of six (6) weeks per year (thirty (30) working days) inclusive of payment for any Public Holiday/s falling within the leave period.

 

(b)        Additional recreation leave at the rate of five (5) days per year, will accrue to a Shift Worker, employed under this Award and the Act, who is stationed indefinitely in a remote area of the State being the Western and Central Division of the State described as such in the Second Schedule to the Crown Lands Consolidated Act (NSW) 1913 before its repeal.

 

(c)        Shift Workers entitled to additional recreation leave under this Clause can elect, at any time, to cash out that additional recreation leave.

 

(d)        Shift Workers on recreation leave are eligible to receive the more favourable of:

 

(i)         the shift premiums and penalty rates, or any other allowances paid on a regular basis in lieu thereof, which they would have received had they not been on recreation leave; or

 

(ii)        17½% annual leave loading.

 

8.8       Annual Leave Loading

 

(a)        With the exception of those Shift Workers in receipt of the All Incidents Allowance prescribed in Clause 7 of this Award, Shift Workers are entitled to the payment of an annual leave loading of 17.5% on the monetary value of four weeks recreation leave accrued in a leave year.

 

(b)        For the purposes of the calculation of the annual leave loading, the leave year shall commence on 1 December each year and shall end on 30 November of the following year.

 

(c)        If located in an area of the State of New South Wales which attracts a higher rate of annual leave accrual, under Clause 8.7(b) of this Award, the annual leave loading shall be paid on a maximum of four weeks leave.

 

(d)        The annual leave loading payable shall not exceed the amount which would have been payable to a Shift Worker in receipt of salary equivalent to the maximum salary for Grade 12 Clerk.

 

8.9       Rosters

 

(a)        The ordinary hours of work for each Shift Worker shall be displayed on a roster in a place conveniently accessible to Shift Workers. The roster will cover a minimum period of twenty eight (28) days, where practical, and shall be displayed at least fourteen (14) days prior to the commencing date of the first working period in any roster.

 

(b)        A roster may be altered at any time to enable the service of a Centre to be delivered where another officer is absent from duty on account of illness, in an emergency or due to unforeseen circumstances. Where any such alteration involves a Shift Worker working on a day that would have been his or her day off such time worked shall be paid for at overtime rates as specified in the Crown Employees (Public Service Conditions of Employment) Reviewed Award (NSW) 2009.

 

(c)        Each roster shall indicate the starting and finishing time of each shift and include rostered days off. Where current or proposed shift arrangements are incompatible with the Shift Worker’s family, religious or community responsibilities, every effort to negotiate alternative arrangements with the Shift Worker shall be made by the Department Head or delegate.

 

8.10     Notice of Change of Shift

 

(a)        A Shift Worker who is required to change from one shift to another shift shall, where practicable, be given forty eight (48) hours notice of the proposed change.

 

8.11     Breaks between Shifts

 

(a)        There shall be a minimum break of eight (8) consecutive hours between ordinary rostered shifts.

 

(b)        If a Shift Worker resumes or continues to work without having had eight (8) consecutive hours off duty, the Shift Worker shall be paid overtime in accordance with Clause 89, Overtime Worked by Shift Workers of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 until released from duty for eight (8) consecutive hours. The Shift Worker will then be entitled to be off duty for at lease eight (8) consecutive hours without loss of pay for ordinary working time which falls during such absence.

 

(c)        Time spent off duty may be calculated by determining the amount of time elapsed after:

 

(i)         The completion of an ordinary rostered shift; or

 

(ii)        The completion of authorised overtime; or

 

(iii)       The completion of additional travelling time, if travelling on duty, but shall not include time spent travelling to and from the workplace.

 

8.12     Daylight Saving

 

(a)        In all cases where a Shift Worker works during the period of changeover to and from daylight saving time, the Shift Worker shall be paid the normal rate of pay for the shift.

 

8.13     Overtime

 

(a)        A Shift Worker may be directed by the Department Head to work overtime, provided it is reasonable for the Shift Worker to be required to do so.  A Shift Worker may refuse to work overtime in circumstances where the working of such overtime would result in the Shift Worker working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

(i)         The Shift Worker’s prior commitments outside the workplace, particular the Shift Worker’s family and carer responsibilities, community obligations or study arrangements;

 

(ii)        Any risk to the Shift Worker’s health and safety;

 

(iii)       The urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services;

 

(iv)      The notice, if any, given regarding the working of the overtime, and the Shift Worker’s intention to refuse overtime; or

 

(v)       Any other relevant matter.

 

(b)        Overtime shall be paid to Shift Workers under the following conditions:

 

(i)         The rates specified are in substitution for and not cumulative upon the rates payable for work performed on Monday to Friday, Saturday, Sunday or Public Holidays.

 

(ii)        For the purposes of assessing overtime, each day shall stand alone. Where any one (1) period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if it had occurred within the one (1) day.

 

(iii)       Overtime shall be paid for hours worked in excess of the ordinary hours of work, as defined in Clause 5 of this Award. Entitlements under this clause are restricted by the provisions of Clause 7 of this Award.

 

(c)        Overtime shall be paid to Shift Workers at the following rates:

 

(i)         Weekdays (Monday to Friday inclusive) - At the rate of time and one-half for the first two hours and at the rate of double time thereafter for all directed overtime worked outside the Shift Worker’s ordinary hours of duty.

 

(ii)        Saturday - At the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

(iii)       Sundays - All  overtime at the rate of double time.

 

(iv)      Public Holidays - All overtime at the rate of double time and one half.

 

9.  Casual Employment

 

9.1       A casual employee is one engaged on an hourly basis.

 

9.2       A casual employee may only be engaged for short-term periods where there is the need to supplement the workforce arising from fluctuations in the needs of the Centre.

 

9.3       A casual employee shall be paid on an hourly basis based on the appropriate rate, prescribed in Table 1 of Part B of this Award, plus 15% thereof with a minimum payment of four (4) hours for each engagement. This loaded rate of pay is in lieu of all leave entitlements, other than recreation and extended leave.

 

9.4       A casual employee shall be entitled to the shift loadings, prescribed in clause 8.1 of this Award, where a shift commences prior to 6 am or finishes subsequent to 6 pm.

 

9.5       For weekend and Public Holiday work, casual employee shall, in lieu of all other penalty rates and the 15% casual loading, receive the following rates:

 

(a)        Time and one half for work between midnight Friday and midnight Saturday;

 

(b)        Time and three quarters for work between midnight Saturday and midnight Sunday; and

 

(c)        Double time and one half for work on a Public Holiday.

 

For the purpose of this clause, any shift of which 50% or more is worked on a Saturday, Sunday or Public Holiday shall be deemed to have been worked wholly on a Saturday, Sunday or Public Holiday and shall be paid as such.

 

9.6       On termination a casual employee shall be paid 1/12th of ordinary earnings in lieu of recreation leave.

 

9.7       A casual employee’s employment may be terminated for any reason by the giving of one (1) hour’s notice by either party.

 

9.8       Casuals shall also receive the following leave entitlements in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009:

 

(a)        Unpaid parental leave in accordance with Clause 12.5.4;

 

(b)        Personal Carer's entitlement in accordance with Clause 12.6; and

 

(c)        Bereavement entitlement in accordance with Clause 12.7.

 

10.  Higher Duties

 

10.1     Operational Staff called upon by the Department to perform work of a classification or position paid at a higher rate, shall be paid that higher rate on the completion of a minimum of one eight (8) hour shift, or equivalent working day.

 

10.2     Relieving for part of a shift in a higher position shall not attract monetary payment but shall be compensated through the acquisition of skills and experience gained by this opportunity.

 

10.3     The provisions of this clause apply only where an employee relieves in another position covered by this Award.

 

11.  Settlement of Disputes

 

11.1     Procedures relating to individual employees

 

(a)        Individual employees may raise matters pertaining to this Award and other conditions of employment matters with the Centre Manager, Manager, Supervisor or other authorised departmental representative as the case may be, providing that the following conditions are observed:

 

(i)         The employee shall notify the Centre Manager, Manager, Supervisor or other authorised departmental representative in writing, as to the substance of any matter and request a meeting with the Centre Manager, Manager, Supervisor or other authorised departmental representative for discussions in order to settle the matter. The employee may have another employee or an Association delegate present during these discussions.

 

(ii)        If no remedy to the employee’s matter is found, then the employee shall seek further discussions and attempt to resolve the matter at a higher level of authority, where appropriate.

 

(iii)       Reasonable time limits must be allowed for discussions at each level of authority.

 

(iv)      At the conclusion of the discussions, the departmental representative must provide a response to the employee if the matter has not been resolved and include reasons for not implementing any proposed remedy. At this stage if the employee’s concerns still exist, the provisions of Clause 11.3(e) of this Award shall be invoked.

 

11.2     Settlement of Disputes

 

(a)        All questions, disputes or difficulties relating to the provisions of this award or any other condition of employment 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.

 

(b)        The staff member is required to notify in writing their immediate supervisor or manager, as to the substance of the question, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

(c)        Where the question, dispute or difficulty 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 supervisor or manager the notification may occur to the next appropriate level of management. including where required, to the Department Head or delegate.

 

(d)        The immediate supervisor or manager, or other appropriate officer, shall convene a meeting in order to resolve the question, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

(e)        If the question, dispute or difficulty remains unresolved with the immediate supervisor or 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.

 

(f)        The Department may refer the matter to the Industrial Relations Secretary (IRS) for consideration.

 

(g)        If the matter remains unresolved, the Department shall provide a written response to the employee and any other party involved in the question, 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 Department may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

(j)         The staff member, Association, Department and IRS shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

(k)        Whilst the procedures outlined in this clause are being followed, normal work undertaken prior to notification of the question, 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.  Dignity and Respect in the Workplace

 

12.1     The Dignity and Respect Policy, Guidelines and Grievance Procedure of the Department shall apply to all staff covered by this Award.

 

12.2     The Dignity and Respect Grievance Procedure must be used when there is a work related grievance as defined in the Dignity and Respect Policy, Guidelines and Grievance Procedure, so that the grievance can be resolved as quickly and as close to the source of the problem as possible.

 

12.3     To put it beyond doubt, if there is a question, dispute or difficulty in relation to the interpretation, application or operation of this or any other applicable award or condition of employment, the dispute resolution procedure contained in Clause 11 of this Award must be followed.

 

13.  Uniforms and Protective Clothing

 

13.1     Sufficient and serviceable uniforms or overalls shall be supplied, free of cost, to each Operational Staff Member required to wear them, provided that any shift employee to whom a new uniform or part of a uniform has been supplied by the Department who without good reason, fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment therefore at a reasonable price.

 

13.2     An employee, on leaving the service of the Department, shall return any uniform or part thereof supplied by the Department which is still in use by that employee immediately or prior to leaving.

 

13.3     If the uniform of an employee is not laundered at the expense of the Department an allowance, as set out in Item 2 of Table 2(a), of Part B of this Award, shall be paid to such employee.

 

13.4     Each employee whose duties require them to work in the rain shall be supplied with suitable protective clothing upon request.

 

13.5     Each employee whose duties require them to work in a hazardous situation with or near machinery shall be supplied with appropriate protective clothing and equipment.

 

14.  Right of Entry to Association Officials

 

14.1     Entry of Association Officials onto Departmental premises shall be in accordance with the Industrial Relations Act (NSW) 1996.

 

15.  Area, Incidence and Duration

 

15.1     The Award shall apply to Operational Staff in the Agency as defined in Clause 3 of this Award who are employed under the provisions of the Act.

 

15.2     This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Department of Attorney General and Justice (Juvenile Justice)-38 Hour Week Operational Staff 2012) Reviewed Award published 5 October 2012 (374 I.G. 1246), to take effect from 2 August 2016.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay and Qualifications for roles covered by this Award

 

(i)         Unqualified Youth Officer

 

Level

Year

A & C Grade

Effective

Minimum Qualifications

 

 

Equivalent

Date FPP

for assignment

 

 

 

1/07/2016

under the Act

 

 

 

$

 

1

-

GS Year 10

57,017

 

 

(ii)        Youth Officer

 

Level

Year

A & C Grade

Effective

Minimum Qualifications

 

 

Equivalent

Date FPP

for assignment

 

 

 

01/07/2016

under the Act

 

 

 

$

 

2

1

Min 1

60,154

6 Units of Certificate

 

 

 

 

IV in Youth Work or Youth

 

 

 

 

Justice and/or

 

 

 

 

equivalent related discipline * plus relevant experience

 

2

Max 1

61,921

 

 

3

Min 2

63,649

 

3

1

Max 2

65,396

Certificate IV in Youth Work

 

 

 

 

or Youth Justice and/or equivalent

 

 

 

 

related discipline * plus relevant experience

 

Youth Officers who, as a consequence of the making of this award, and who have only completed Certificate III in Juvenile Justice shall be allowed to progress to Level 2 year 3 by meeting the requirements of incremental progression without first obtaining 6 units of Certificate IV in Youth Work or Youth Justice.

 

Annual increments shall occur on the anniversary of the completion of Certificate III or 6 units of competence in Certificate IV in Youth Work or Youth Justice subject to satisfactory performance.

 

(iii)       Shift Supervisor/Assistant Unit Manager

 

Level

Year

A & C

Effective

Minimum Qualifications

 

 

Grade

Date FPP

for assignment

 

 

Equivalent

01/07/2016

under the Act

 

 

 

$

 

 

 

 

 

Certificate IV in Youth

4

1

Min 4

71,438

Work or Youth Justice

 

 

 

 

and/or equivalent

 

 

 

 

related discipline *

 

2

Max 4

73,635

 

 

3

Min 5

79,384

 

 

4

Max 5

81,888

 

 

(iv)       Unit Manager

 

Level

Year

A & C

Effective

Minimum Qualifications

 

 

Grade

Date FPP

for assignment

 

 

Equivalent

01/07/2016

under the Act

 

 

 

$

 

5

1

Min 6

85,098

Certificate IV in Youth

 

 

 

 

Work or Youth Justice

 

 

 

 

and/or equivalent related discipline *

 

 

 

 

and Certificate IV in Frontline

 

 

 

 

Management and/or equivalent

 

 

 

 

related discipline *

 

2

Max 6

87,591

 

 

3

Min 7

90,215

 

 

4

Max 7

92,912

 

 

(v)        Assistant Manager

 

Level

Year

A & C Grade

Effective

Minimum Qualifications for

 

 

Equivalent

Date FPP

assignment under the Act

 

 

 

01/07/2016

 

 

 

 

$

 

6

1

Min 8

96,784

Completion of Diploma and/or Degree

 

 

 

 

in a relevant discipline as set out in

 

 

 

 

relevant Assistant Manager

 

 

 

 

Position Description

 

2

Max 8

99,862

 

 

3

Min 9

102,838

 

 

4

Max 9

105,730

 

 

(vi)       Centre Manager - Level 7

 

Level

Year

A & C Grade

Effective

Minimum Qualifications

 

 

Equivalent

Date FPP

for assignment

 

 

 

01/07/2016

under the Act

 

 

 

$

 

7

1

Min 10

110,046

Diploma and/or Degree

 

 

 

 

in a relevant discipline *

 

2

Max 10

113,324

 

 

(vii)      Centre Manager - Level 8

 

Level

Year

A & C Grade

Effective

Minimum Qualifications

 

 

Equivalent

Date FPP

for assignment

 

 

 

01/07/2016

under the Act

 

 

 

$

 

8

1

Min 11

118,943

Diploma and/or Degree

 

 

 

 

in a relevant discipline *

 

2

Max 11

123,985

 

 

(viii)     Centre Manager - Level 9

 

Level

Year

A & C Grade

Effective

Minimum Qualifications

 

 

Equivalent

Date FPP

for assignment

 

 

 

01/07/2016

under the Act

9

1

Min 12

131,751

Diploma and/or Degree

 

 

 

 

in a relevant discipline*

 

2

Max 12

137,557

 

 

A Centre Manager shall not have their level reduced by the making of this award.

 

(ix)       Kitchen Support Officer

 

Level

Year

Salary FPP

Qualification and Experience

 

 

01/07/2016

 

 

 

$

 

1

1

 47,049

Relevant experience

 

2

 49,039

 

 

(x)        Vocational Instructor (Trade, Maintenance, Grounds)

 

Level

Year

Salary FPP

Qualification and Experience

 

 

01/07/2016

 

 

 

$

 

1

1

 57,017

Relevant experience

2

1

 60,154

Relevant Trade Certificate and Train Small

 

 

 

Groups qualification or equivalent

 

 

 

plus relevant experience.

2

2

61,921

 

2

3

63,649

 

2

4

65,396

 

 

(xi)       Vocational Instructor (Cook)

 

Level

Year

Salary FPP

Qualification and Experience

 

 

01/07/2016

 

 

 

$

 

1

1

57,017

Relevant experience

 

2

60,154

 

 

 

 

Relevant TAFE Certificate or TAFE Certificate in Hospitality

 

 

 

(Commercial Cookery or Catering Operations) or equivalent and Train

 

 

 

Small Groups qualification or equivalent plus relevant experience

2

1

60,154

 

2

2

61,921

 

2

3

63,649

 

2

4

65,396

 

 

(xii)      Vocational Instructor (Cook Supervisor)

 

Salary FPP

Qualification and Experience

01/07/2016

TAFE Certificate II in Hospitality (Kitchen Operations) or equivalent,

$

formerly called Certificate II in Commercial Cookery, and Train Small

 67,994

Groups or equivalent.

 

(xiii)     Logistics Officer

 

Level

Year

Salary FPP

Qualification and Experience

 

 

01/07/2016

 

 

 

$

 

4

1

79,384

Certificate IV in Youth or Youth Justice and/or equivalent related

4

2

81,888

discipline *

5

3

85,098

 

5

4

87,591

 

 

(xiv)    Court Supervisor

 

Level

Year

A & C Grade

Effective

Minimum Qualifications

 

 

Equivalent

Date FPP

for assignment under the Act

 

 

 

01/07/2016

 

 

 

 

$

 

 

 

 

 

Certificate IV in Youth

4

1

Min 4

71,438

Work or Youth Justice

 

 

 

 

and/or equivalent

 

 

 

 

related discipline *

 

2

Max 4

73,635

 

 

3

Min 5

79,384

 

 

4

Max 5

81,888

 

 

(xv)     Drug Detection Security and Intelligence Officer

 

Level

Year

A & C Grade

Effective

Minimum Qualifications

 

 

Equivalent

Date FPP

for assignment under the Act

 

 

 

01/07/2016

 

 

 

 

 

$

2

1

Min 1

60,154

6 Units of Certificate

 

 

 

 

IV in Youth Work or Youth

 

 

 

 

Justice and/or

 

 

 

 

equivalent related discipline *

 

2

Max 1

61,921

 

 

3

Min 2

63,649

 

3

1

Max 2

65,396

Certificate IV in Youth Work or Youth

 

 

 

 

Justice and/or equivalent related discipline *

 

* Related and relevant disciplines are to be determined by the Department

 

PART B

 

MONETARY RATES

 

Table 2 - Allowances and Additional Responsibilities Allowance

 

(a)        Allowances

 

Item

Allowance

Salary FPP 01/07/2016

 

 

$

1

Chokage Allowance

4.82 per day

2

Uniform Allowance

5.00 per week

3

Trade Allowance

1,825 per annum

 

(b)        "Allocated Youth Officer Handcuff Allowance"

 

Allowance

Salary FPP 01/07/2016

 

$

Allocated Youth Officer Handcuff

 

Allowance

1.30 per hour

 

 

 

J. D. STANTON, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

* to download attachment
  
IE UsersRight click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape UsersRight click the attachment - Select 'Save Link As' - Select a location - Click 'Save'