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New South Wales Industrial Relations Commission
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Crown Employees (Department of Industry, Skills and Regional Development) Fisheries Employees Award
  
Date11/27/2015
Volume378
Part2
Page No.249
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C8448
CategoryAward
Award Code 1158  
Date Posted11/24/2015

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(1158)

SERIAL C8448

 

Crown Employees (Department of Industry, Skills and Regional Development) Fisheries Employees Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 733 of 2015)

 

Before Commissioner Stanton

28 October 2015

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Parties to the Award

3.         Definitions

4.         Salaries

5.         Allowances and Loadings

6.         Hours of Work and Working Hours Arrangements

7.         Housing

8.         Family and Community Service Leave

9.         Consultative Arrangements

10.       Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

11.       Working From Home

12.       Work and Family Issues

13.       Anti Discrimination

14.       Deduction of Union Membership Fees

15.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2- Other Rates and Allowances

 

Attachment A - Fisheries Technician Classification - Competency Standards

Attachment B - Fisheries Officer Classification -Competency Standards

 

PART A

 

1.  Title

 

This Award shall be known as the Crown Employees (Department of Industry, Skills and Regional Development) Fisheries Employees Award.

 

2.  Parties to the Award

 

This Award is binding upon the Industrial Relations Secretary, the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales, the Construction Forestry Mining and Energy Union (New South Wales Branch) and the Electrical Trade Union of Australia, NSW Branch; in so much as it affects those persons previously covered by the Crown Employees (Skilled Trades) Award published 22 June 2001 (325 I.G. 749), as varied.

 

3.  Definitions

 

”AFMA” means the Australian Fisheries Management Authority

 

"Association" or "Union" means the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales, Construction Forestry Mining and Energy Union (NSW Branch) or Electrical Trades Union, NSW Branch.

 

"Department" shall mean the Department of Industry, Skills and Regional Development as established under Schedule 1, Part 1 of the Government Sector Employment Act 2013.

 

"Employees" means and includes all persons employed on an ongoing full time, ongoing part time or temporary basis under the provisions of the Government Sector Employment Act 2013, who, on the operative date or during the period of operation of this award, are assigned to a role to perform the duties and roles of the former NSW Fisheries within the Department.

 

"Employer" means the Secretary of the Treasury,, a roleestablished under the Government Sector Employment Act 2013.

 

”FPP” means the first full pay period.

 

NSW Fisheries forms part of the Department of Primary Industries within the  Department of Industry, Skills and Regional Development under Schedule 1, Part 1 of the Government Sector Employment Act 2013.

 

“Secretary” shall mean the Secretary of the Department of Industry, Skills and Regional Development established under the Government Sector Employment Act 2013.

 

4.  Salaries

 

(i)         The salaries as set out in Table 1 - Salaries, of Part B, Monetary Rates, shall be applicable to the classifications and gradings as specified in the said Table 1.  The salaries are set in accordance with the Crown Employees (Public Sector - Salaries 2015) Award and any variation or replacement award.

 

(a)        Loading for Fisheries Officers -

 

(1)       Due to the range of times that Fisheries Officers may be required to work a salary loading of 13.7 per cent shall apply to all roles

 

(2)       The loading is based on the following formula for a shift of 7.6 hours:

 

eight shifts every four weeks starting or finishing outside 7.30 am and 6.00 pm Mondays to Fridays;

 

one Saturday shift every four weeks between 7.30am to 6.00pm;

 

one Sunday shift every four weeks between 7.30am to 6.00pm;

 

ten shifts every four weeks between 7.30am and 6.00pm;

 

one shift on five public holidays every year between 7.30am and 6.00pm.

 

(3)       Therefore, the loading is calculated on the following formula:

 

 

Additional loading

 

every week

Penalty equivalent in relation to 2 shifts each week

 

other than day shifts of 7.6 hours @ 15 per cent

 

extra based on 46 weeks on duty each year:

 

 

2 x 7.6 x 0.15 x 46

=

2.0 hours

52

 

 

 

Penalty equivalent in relation to 7.6 hours on one

 

Saturday (50 per cent extra) and one Sunday

 

(75 per cent extra) each 4 weeks:

 

 

3.8 + 5.7 x 46 ¸ 52

=

2.1 hours

4

 

 

 

Penalty equivalent in relation to 7.6 hours worked on

 

5 public holidays each year (150 per cent) extra:

 

 

7.6 x 5 x 1.5 ¸ 52

=

1.1 hours

 

 

5.2 hours

 

In order to load the base salary by 5.2 hours an

 

addition of 13.7 per cent is required:

 

 

5.2+13.7 per cent

38

 

(b)        Fisheries Technicians - Existing employees remain eligible to progress to the maximum rate available in their previous classifications, subject to meeting competency standards.

 

(c)        Loading for Fish Hatchery Staff - The loading is paid to employees who are required to regularly work outside normal working hours.

 

Due to the range of times Managers and Assistant Managers may be required to work, a salary loading of 11.05 per cent shall be applied to their roles.  Guides and attendants at hatcheries who are also required to work such hours will also be entitled to the payment of the loading.

 

5.  Allowances and Loadings

 

(a)        Annual Leave Loading - The 17.5 per cent annual leave loading will be paid to all employees on the first available pay day in December of each year, and be based on the annual leave accrued during the preceding period between 1 December and 30 November

 

(b)        Sea Going Allowance - An employee who is absent from his/her port of departure for ten hours or more shall be entitled to the provisions of the following clauses of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 , as varied or replaced.

 

Clause 26:

Travelling Compensation

Clause 27:

Excess Travelling Time

Clause 28:

Waiting Time

Clause 29:

Meal Expenses on One-Way Journeys

Clause 30:

Restrictions on Payment of Travelling Allowances

Clause 31:

Increase or Reduction in Payment of Travelling Allowances

 

Clause 32:

Production of Receipts

Clause 33:

Travelling Distance

 

(c)        Freezer Inspection Allowance - A Fisheries Officer who undertakes an AFMA inspection of freezer hold(s) on a fishing vessel shall be paid an allowance - for each inspection for each vessel for each day - as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(d)        Regional Dive Coordinator Allowance is paid for a temporary assignment to perform the additional responsibilities of the role in accordance with the Department’s Diving Code of Practice.  An assignment will be for a period of up to 3 years and as a result of an Expression of Interest.  The allowance is set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates and is adjusted in accordance with the percentage increase applying to salary rates.

 

(e)        Regional Dive Officer Allowance is paid for a temporary assignment, reporting to the Regional Dive Coordinator, to perform the additional responsibilities of the role in accordance with the Department’s Diving Code of Practice. An assignment will be for a period of up to 3 years and as a result of an Expression of Interest.  The allowance is set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates and is adjusted in accordance with the percentage increase applying to salary rates.

 

6.  Hours of Work and Working Hours Arrangements

 

(a)        Flexible Work Hours - The provisions of this clause are available to all employees other than Fisheries Officers, Managers and Assistant Managers at hatcheries and employees covered by senior and chief executive service arrangements.

 

(i)         General - A flexible approach to hours of work will be adopted in relation to working hours and working arrangements within the parameters of the business needs of the Department

 

A flexible working hours system is established whereby individual employees may select their starting and finishing times, subject to the business needs of the Department.  The system has been developed on the understanding that service delivery standards are maintained at all times.  It is expected that employees and managers of work units will actively participate in the development and implementation of mutually acceptable working arrangements that recognise the obligations and responsibilities of each.  An objective of these arrangements is to provide for better time management within the Department and to preclude the excessive accruals and/or forfeiture of hours.

 

The following provisions replace in full arrangements established under clause 21, Flexible Working Hours, of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as varied or replaced.

 

(ii)        Hours Worked - An employee may only accumulate credit hours in excess of the minimum daily contract hours where work is available and it is convenient to the Department for the employee to work.

 

Nothing in this award will prevent the Secretary from reverting to standard ordinary working hours where it is evident that an employee is not observing the conditions of this clause and any associated administrative instructions or not maintaining a satisfactory level of conduct or performance of duty.

 

Standard hours are 8.30am to 4.30pm Monday to Friday with a one hour lunch break.

 

(iii)       Bandwidth - Bandwidth is the period during the day when an employee may record time worked and shall be from 7.30am to 6.00pm Monday to Friday.

 

Time may be credited to an employee for work undertaken outside the bandwidth if prior approval is obtained.

 

By mutual agreement, the Secretary may vary the bandwidth period for an individual employee on either a permanent or temporary basis.

 

Where an employee, by mutual agreement, works outside the bandwidth period to meet specific work requirements, then hours worked outside the bandwidth will be credited at time and a half and meal allowances, if appropriate, will be paid.  The provisions of the Shift Work and Overtime clauses of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as varied or replaced continue to apply when employees are directed to work outside the bandwidth times.

 

An employee may refuse to work additional hours or overtime in circumstances where the working of such hours would result in the employee working unreasonable hours.  In determining what is unreasonable the following factors shall be taken into account:

 

1.         the employee’s prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study arrangements,

 

2.         any risk to employee health and safety,

 

3.         the urgency of the work required to be performed during additional hours or overtime, the impact on the operational commitments of the organisation and the effect on client services,

 

4.         the notice (if any) given by the Secretary regarding the working of the overtime or additional hours, and by the employee of their intention to refuse the working of additional hours, or

 

5.         any other relevant matter.

 

(iv)       Coretime - Coretime shall generally be between 9.30 am and 3.30 pm and all employees are required to be on duty, unless on authorised leave.

 

The luncheon period is not part of core time.

 

By mutual agreement, the Secretary may vary the core time period for an individual employee on either a permanent or temporary basis.

 

(v)        Luncheon Period and Meal Breaks - An employee is entitled to take a luncheon period of one hour between 11.30am and 2.30pm.

 

By mutual agreement, the Secretary may vary the luncheon period for an individual employee on either a permanent or temporary basis.

 

An employee may extend the luncheon period to a maximum of two and a half hours, but only with prior approval.  Such an extension must not prevent the proper functioning of the Department or the specific work area to which the employee is attached.

 

An employee may reduce the luncheon break on the basis that a minimum of thirty minutes is taken.

 

An employee will not be required to be on duty without a luncheon break for more than five hours from the time of commencement.

 

(vi)       Contract Hours - The daily contract hours for an employee are the weekly hours divided by five.

 

Contract hours for a settlement period is the normal weekly hours multiplied by four.

 

When leave for part of a day is involved, the amount of leave to be applied for is to be determined by subtracting the hours worked on that day from the daily contract hours.

 

(vii)      Accumulation and Carry Over of Hours - An employee may accumulate credit or debit hours throughout a settlement period, provided that at the end of the settlement period the number of credit hours carried forward does not exceed 35 hours and debit hours does not exceed 10 hours.

 

Where an employee’s accumulation of credit hours at the end of a settlement period exceeds 35 hours, the excess hours shall be forfeited.

 

The Secretary shall make every effort to ensure that an employee does not forfeit excess credit hours at the conclusion of settlement periods as a result of requests for flexible hours or flexi leave being refused.

 

Where an employee's accumulation of debit hours at the end of a settlement period exceeds 10 hours, the excess hours accumulated shall be debited against the employee's accrued recreation leave or, should the employee have no such leave available, shall be taken as leave without pay.

 

For the purpose of determining whether an employee has accumulated credit or debit hours during a settlement period, the employee shall be deemed to have notionally worked the daily contract hours or the appropriate portion thereof on a day, or part of a day, upon which the employee was absent on approved leave, not being flexi leave.

 

(viii)     Flexi leave - An employee may apply to take a maximum of five days flexi leave within each settlement period.  Leave may be taken in multiples of a quarter of a day.

 

An employee must obtain approval prior to proceeding on flexi leave.

 

It is not necessary for an employee to have a credit balance when taking flexi leave.

 

Flexi leave may be taken before or immediately after recreation leave.  It may not be taken during a period of recreation leave.

 

(ix)       Commencement or Cessation of Duty During Core time - Where an employee consistently commences duty after the commencement of core time, including resumption after the luncheon period, and provides no reasonable excuse the employee must apply for the appropriate amount of leave without pay, or recreation leave if approved by the Secretary, in multiples of a quarter of a day.

 

Where an employee ceases duty prior to the cessation of core time without prior approval, the total period from the cessation time to the normal business cessation time will be classified as leave without pay.

 

(x)        Travelling on Official Business - Any travel on official business during bandwidth times shall be treated as time worked for the purposes of this clause.

 

Employees shall be compensated for travelling time outside the bandwidth hours in accordance with the travelling compensation provisions as prescribed in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as varied or replaced.

 

(xi)       Termination of Service - Where an employee has an accumulation of debit hours at the completion of the last day of service, the recreation leave or monies owing to that employee shall be adjusted accordingly.

 

An employee may receive compensation for accumulated credit hours outstanding as at the last day of service where an employee's services are terminated without notice for reasons other than misconduct, and where an application for a period of flexi-leave which would have eliminated the accumulated credit hours was made during the period of notice of retirement or resignation and was refused.

 

(b)        Fisheries Officers - For the purpose of this Award, working arrangements of Fisheries Officers shall be 152 hours undertaken across any 20 days for each 28 calendar day period and shall be undertaken at times to meet the specific service needs of the Department.

 

By mutual agreement with a supervisor, a Fisheries Officer may accumulate an additional 15.2 hours each four weeks which may be carried forward to reduce the number of hours worked in the following four week period, but must be taken during bandwidth hours (7.30am to 6.00pm) Monday to Friday.  Any accumulated hours not taken during the next four week period will be forfeited.

 

Fisheries Officers must submit a work program to their respective supervisor in advance for approval.  Such programs are to cover the next two weeks work period or any period required by the Secretary.

 

Work programs may be amended at anytime by mutual agreement or within the following:

 

Day Shifts Only - Programmed hours may be amended by a supervisor with 24 hours notice, as long as new hours fall within the 7.30 am to 6.00 pm bandwidth on the same day.  The new hours will be no longer than the hours originally scheduled to be performed on that day.

 

Night/Weekend/Public Holiday Shifts Only - For unprogrammed starts that commence within one hour of programmed starting times the shift will commence early and not attract any overtime or penalty provisions because of the early start.

 

For unprogrammed starts that commence more than one hour before a programmed starting time, the period between the actual starting time and the programmed starting time, or the ceasing of the unprogrammed duty (whichever is the earliest), will attract overtime provisions.  In such cases, the Fisheries Officer will be required to work their programmed shift or take time in lieu from his/her overtime entitlements.

 

Programmed Days Off - Where a Fisheries Officer is directed to undertake work on a programmed day off all hours worked on that day will attract overtime provisions.

 

Inland Weekend Work - A Fisheries Officer stationed in an inland location can be directed to work a maximum of two complete weekends each four week period totalling not more than 12 Saturdays and 12 Sundays on a yearly basis.

 

A Fisheries Officer can be directed to work a maximum of two ten-hour shifts in the field each four week period.  A Fisheries Officer can only be directed to work on a maximum of 20 days of each 28-day period.  This can be exceeded by mutual agreement.  By mutual agreement, work programs may include split shifts.

 

Where a Fisheries Officer is directed to work a ten-hour continuous shift, two unpaid meal breaks must be taken during the shift.  The second meal break will attract a meal allowance as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.  The meal allowance is set in accordance with the Overtime Meal Allowances for breakfast, lunch and dinner in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as varied or replaced.

 

Should a Fisheries Officer be required to work a period longer than 14 consecutive hours, then that employee will take a ten hour break before commencing work.  If a break occurs during, or overlaps, the next programmed hours of duty - those hours of duty will still be credited.  There will be a minimum eight-hour break between directed shifts.

 

Any shift performed on a weekend outside the 7.30am to 6.00pm bandwidth times contributes towards a weekend duty and an out of hours duty.  Only one out of hours and one weekend shift may be credited for each shift during weekend duty.

 

(c)        Flexible Working Hours for the Managers and Assistant Managers at Hatcheries - A flexible working hours system, similar to the provisions set out in sub clause (a) of this clause, will apply to Managers and Assistant Managers of trout hatcheries with the following changes.

 

The normal working week will be 35 hours spread across Monday to Sunday, - seven days each week.

 

Due to operational needs trout hatcheries will need to be staffed, at a minimum level, on Saturdays, Sundays and public holidays and a loading has been established under subclause (c) of clause 4, Salaries, to compensate Managers and Assistant Managers.

 

Generally, officers will be rostered on duty for ten calendar days and rostered off duty for four calendar days.

 

7.  Housing

 

(a)        Operational Needs - Due to operational needs, employees assigned to specific roles may be required to occupy residences owned by the Department.  Under this award, housing and rental arrangements are established.

 

The Secretary is the sole judge in deciding if a residence is required to meet the operational needs of the Department.

 

(b)        Rental - a weekly rental rate for Fisheries Officers occupying residences identified under subclause (a) of this clause will be 30 per cent of the average market rate across all similar Fisheries Officers' residences in the state.  The market rate will be reviewed every 12 months or any other period as determined by the Secretary.

 

A weekly rental rate for Managers and Assistant Managers of trout hatcheries occupying residences identified under subclause (a) will be 30 per cent of the actual market rental.  The market rate will be reviewed every twelve (12) months or any other period as determined by the Secretary.

 

(c)        General - The weekly rental rate for premises that are essential for the operational activities of the Department, and not occupied by Fisheries Officers or located at Trout Hatcheries, will be set at 30 per cent of the market rental rate.  The market rate will be reviewed every 12 months or any other period as determined by the Secretary.

 

(d)        Where a residence is not essential for operational activities an employee may, subject to the Secretary’s approval, rent the premise at full market rental or at any other rate as approved by the Secretary.

 

(e)        The Secretary may dispose of a residence at any time, subject to the employee occupying the residence being given at least six months notice to vacate the premise.

 

(f)        During the term of this award, an employee occupying a Departmental residence will be eligible for assistance under the Crown Employees (Transferred Employees Compensation) Award if the employee moves residence because the Departmental residence is declared surplus to operational needs.

 

8.  Family and Community Service Leave

 

The following provisions replace the Family and Community Services Leave provisions contained under clause 71 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as varied or replaced.

 

The Secretary  may grant paid Family and Community Service Leave to an employee to meet family activities and community service responsibilities as described clause 71.2 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as varied or replaced

 

The maximum amount of leave under this clause shall be five working days in any period of 12 months; or the period calculated by allowing one working day for each completed year of service after the completion of the initial two years of service and deducting them from the total amount of family and community service leave or short leave granted to the employee, whichever is the greater period.

 

The parties agree that the definition of "a family member" will be consistent with subclause 81.4.2 of clause 81, Sick Leave to Care for a Family Member of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as varied or replaced.

 

In cases of illness of a family member, whose care and support the employee is responsible, paid sick leave in accordance with the said clause 81 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as varied or replaced shall be granted when paid family and community service leave is exhausted.

 

9.  Consultative Arrangements

 

This award will be monitored by a consultative committee consisting of management and employee representatives.

 

The parties will meet as often as necessary to discuss employee relations or industrial relations issues relating to employees covered by this Award. Including the resolution of any difficulties which may arise with the implementation or operation of this award, and to discuss possible future improvements to the employment conditions of employees.

 

10.  Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

An employee may elect, subject to the agreement of the Department, to enter into a Salary Packaging Arrangement in accordance with the provisions of clause 5 of the Crown Employees (Public Sector - Salaries 2015) Award or any variation or replacement Award.

 

11.  Working from Home

 

It is accepted that the enhancement of family leave provisions will assist employees to meet any urgent personal responsibilities outside work and improve morale generally across the Department.  The absence from the workplace may, however, be seen as lost productivity.

 

It is proposed therefore to implement the availability of working from home arrangements, on a case by case basis, where the nature of the employee’s work lends itself to such arrangements.

 

This provision will be managed in accordance with the Department’s Working from Home procedure.

 

12.  Work and Family Issues

 

The parties acknowledge that there may be a number of issues external to the workplace, which have an effect on the day-to-day and ongoing performance and commitment of individuals within the Department.

 

The parties agree that small working groups consisting of management and employee representatives may be established to consider any such issues eg child care.  These groups will provide discussion paper(s) to the Secretary on the appropriateness, costing and benefits of introducing such benefits to employees.

 

13.  Anti Discrimination

 

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.

 

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.

 

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.

 

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.

 

(e)        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.

 

(1)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(2)        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."

 

14.  Deduction of Union Membership Fees

 

(a)        The union shall provide the Department with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union’s rules.

 

(b)        The union shall advise the Department 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.

 

(c)        Subject to (a) and (b) above, the Department 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 Department to make such deductions.

 

(d)        Monies so deducted from the 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.

 

(e)        Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

(f)        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.

 

15.  Area, Incidence and Duration

 

(a)        The employees regulated by this award shall be entitled to the conditions of employment as set out in this award and, except where specifically varied by this award, existing conditions are provided for under the Government Sector Employment Act 2013, the Government Sector Employment Regulation 2014, The Government Sector Employment Rules 2014, Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and the Crown Employees (Public Sector - Salaries 2015) Award or any awards replacing these awards.

 

(b)        This Award shall apply to all employees assigned to roles that can be identified as a responsibility of the former NSW Fisheries in the Department of Industry, Skills and Regional Development.

 

(c)        The changes made to the award pursuant to the Award Review pursuant to Section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 IG 359) take effect on and from 28 October 2015.

 

(d)        The Award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

Effective from the beginning of the first full pay period to commence on or after 1.07.2015

 

Administrative and Clerical Officers

Common

 

First full pay period

 

Salary

 

after 1.7.15

 

Point

 

Yearly Rate

 

 

 

 (2.5% increase)

 

 

 

$

General Scale -

 

 

 

Year 1

9

 

38,839

Year 2

17

 

44,683

Year 3

25

 

48,711

Year 4

32

 

51,766

Year 5

40

 

55,624

Fisheries Officers -

 

Base Salary

 

Clause 4 (i) (a) 13.7% Salary Loading

 

Yearly Rate

 

 

 

First Full Pay Period

13.7% Loaded

 

 

on or after 1.7.1015

Salary Yearly

 

 

2.5% increase

Rate

 

 

$

$

Grade 1 -

 

 

 

Year 1

52

62,097

70,604

Grade 2 

 

 

 

Year 1

58

65,608

74,596

Year 2

64

69,696

79,244

Grade 3 -

 

 

 

Year 1

64

69,696

79,244

Year 2

67

71,839

81,681

District Fisheries Officer -

 

 

 

Year 1

78

79,891

90,836

Year 2

85

85,455

97,162

Supervising Fisheries Officer -

 

 

 

Year 1

101

100,330

114,075

Year 2

104

103,151

117,283

Fisheries Scientific Technician

 

 

 

Fisheries Maintenance Technician

 

 

 

Grade 1 -

 

 

 

Year 1

 

42,894

 

Year 2

 

45,776

 

Year 3

 

48,711

 

Year 4

 

51,556

 

Year 5

 

54,444

 

Year 6

 

57,326

 

Grade 2 -

 

 

 

Year 1

 

59,633

 

Year 2

 

62,768

 

Year 3

 

65,909

 

Grade 3 -

 

 

 

Year 1

 

69,046

 

Year 2

 

72,602

 

Year 3

 

78,298

 

Grade 4 -

 

 

 

Year 1

 

79,716

 

Year 2

 

82,123

 

Year 3

 

84,570

 

Grade 5 -

 

 

 

Year 1

 

87,670

 

Year 2

 

90,810

 

Year 3

 

94,423

 

Fish Hatchery Staff -

 

 

11.05% Loaded

 

 

Base Salary

Salary

Clause 4 (i) (c) 11.05% Salary Loading

 

Yearly Rate

Yearly Rate

 

 

$

$

Fisheries Hatchery Staff Assistant Manager

 

 

 

-

 

 

 

Year 1

 

59,633

66,222

Year 2

 

62,768

69,704

Year 3

 

65,911

73,194

Manager -

 

 

 

Year 1

 

69,046

76,676

Year 2

 

72,602

80,625

Year 3

 

78,301

86,953

Senior Manager -

 

 

 

Year 1

 

139,442

 

Year 2

 

152,910

 

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

FFPP after 1.7.15 2.5%

 

 

 

Amount

 

 

 

$

1

5 (c)

Freezer Inspection Allowance

30.00 for each

 

 

 

inspection, for each

 

 

 

vessel, for each day

2

5 (d)

Regional Dive Coordinator

1,989 pa

3

5 (e)

Regional Dive Officer

1,395 pa

4

6 (b)

Fisheries Officer - meal allowance where the

 

 

 

second break is taken

28.80

 

ATTACHMENT A

 

Fisheries Technician Classification - Competency Standards

 

Fisheries Technician Classification - This Award establishes the Fisheries Technician classification and replaces the previous classifications of technical assistant, technical officer, senior technical officer (scientific), tradesperson, gardener, foreperson and library technician.

 

Details of competency standards, general role responsibilities and qualities as well as progression criteria are outlined below.

 

Fisheries Technician Grade 1 -

 

Years 1 - 3

 

Description: - Training role where technical skills are acquired.

 

Responsibilities - Responsible for carrying out relatively standard procedures under close supervision.

 

Essential qualifications -

 

School Certificate or equivalent.

 

Driver's Licence (where appropriate).

 

Essential qualities -

 

Ability to work within specific instructions and/or standard procedures.

 

Ability to undertake on-the-job training or accredited coursework relevant to the technical knowledge and skills required for progression.

 

Progression criteria -

 

Progression between Years 1 to 3 based on carrying out the duties to a satisfactory level.

 

Progression to Year 4 based on 12 months service at Year 3, meeting Year 4 qualifications and the associated increased skills and ability.

 

Years 4 - 6 -

 

Description - Specific technical skills have been acquired through on the job training, formal qualifications and equivalent experience.

 

Responsibilities - Responsible for carrying out technical procedures under general supervision.

 

Essential qualifications -

 

Either TAFE Technical Qualification or three years relevant work experience.

 

Driver's licence and boat licence (where appropriate).

 

Essential qualities -

 

Ability to work to specific instructions or standard procedures, but may make minor changes and suggest improvements where appropriate.

 

Experienced with relevant methods and procedures, associated with technical tasks.

 

Ability to undertake tasks of a technical nature requiring some judgements to be made.

 

Progression criteria -

 

Progression between years 4 to 6 based on carrying out the duties to a satisfactory level.

 

Skills associated with Grade 1 Fisheries Technicians - The range of skills associated with specific roles will vary, however this is a listing of the types of skills which are associated with Grade 1 Fisheries Technicians.

 

Field related skills -

 

Boat handling

 

Sea safety

 

4WD experience/course

 

Advance driving

 

SCUBA diving certificate

 

Radio operators licence

 

Net making and repairing

 

Handling of nets, traps and other fish sampling gear

 

Fish tagging and recapture techniques

 

Remote area experience

 

Workshop related skills -

 

Operation of farm equipment (tractors, etc.)

 

Forklift driving

 

Welding

 

Explosive tools

 

Wood technology

 

Fibre glassing

 

Advanced electrical (motors, pumps)

 

Protective coating applications

 

Laboratory related skills -

 

Aquarium and pond maintenance

 

Live fish handling

 

Handling chemicals and hazardous goods

 

Laboratory techniques

 

Specimen identification (eg. fish taxonomy)

 

Technical equipment storage and maintenance

 

Office related skills -

 

Basic computer applications (spreadsheets, word processing, databases)

 

Literature searching

 

Preparation of technical drawings, graphs, maps

 

Collecting, storing and collating data and work reports

 

Data entry

 

Filing and retrieving data sheets, etc. Basic photography

 

Fisheries Technician Grade 2 -

 

Description - Roles required a wide range of advanced technical skills acquired through formal training and on the job experience.

 

Responsibilities - Responsible for carrying out complex technical procedures with limited or irregular supervision.

 

Essential qualifications -

 

TAFE technical qualification or equivalent.

 

Relevant work experience.

 

Driver's licence and boat licence (where appropriate).

 

Additional skills and/or qualifications specific to the role.

 

Essential qualities -

 

Ability to work with limited direction and irregular supervision.

 

Demonstrated problem solving abilities, including modifications to standard procedures.

 

Ability to undertake on-the-job training or accredited coursework relevant to the technical knowledge and skills required for progression (eg. see skills associated with Grade 2).

 

Fisheries Technician Grade 3 -

 

Description - Roles require a range of advanced technical skills together with supervision, communication and employees training abilities.

 

Responsibilities - Responsible for carrying out complex technical procedures and the associated supervision of employees, with limited direction.

 

Essential qualifications -

 

TAFE technical qualification or equivalent.

 

Relevant work experience of at least three years.

 

Driver's licence and boat licence (where appropriate).

 

Additional skills and/or qualifications specific to the role.

 

Essential qualities -

 

Ability to develop work programs based on technical tasks and make changes to procedures where appropriate.

 

Wide experience with relevant methods and procedures associated with technical tasks performed within the work unit or division.

 

Experience or ability to supervise technical staff and provide (and advise on) the training of technical skills to junior staff.

 

Skills associated with Grade 2 and Grade 3 Fisheries Technicians - The range of skills associated with specific roles will again vary, however this is a listing of the types of skills which are associated with Grade 2 and Grade 3 Fisheries Technicians.

 

Field related skills -

 

Coxswain’s certificate

 

First aid certificate

 

Appropriate commercial diving qualifications

 

Workshop related skills -

 

Advanced trades certificate

 

Supervision

 

Staff training

 

Laboratory related skills -

 

Pond and aquarium systems management

 

Advanced technical skills associated with fish propagation

 

Specialist laboratory skills (eg. fish ageing, algal culture)

 

Office related skills -

 

Basic financial management

 

Advanced computer (database maintenance, programming, maintenance)

 

Data management

 

Report writing and presentation of results

 

Statistical analysis

 

Advanced photography

 

Public relations

 

Fisheries Technician Grade 4 -

 

Responsibilities - Responsible for supervising a technically based work unit or task.

 

Essential qualifications -

 

TAFE technical qualification or equivalent.

 

Relevant work experience of at least six years.

 

Additional skills and/or qualifications specific to the role.

 

Essential qualities -

 

Ability to supervise and manage a specific work unit with a technical function, and/or

 

Advanced staff and financial management skills, and/or

 

Advanced skills associated with having the responsibility for an essential technically based task.

 

Fisheries Technician Grade 5 -

 

Responsibilities - Responsible for the supervision and leadership of a technically based work unit or task

 

Essential qualifications -

 

TAFE technical qualification or equivalent.

 

Relevant work experience of at least ten years.

 

Additional skills and/or qualifications specific to the role.

 

Essential qualities -

 

Provide leadership and direction for a technically based work unit or in an essential departmental function of a technical nature.

 

Skills associated with Grade 4 and Grade 5 Fisheries Technicians - The range of skills associated with specific role will again vary, however this is a listing of the types of skills which are associated with Grade 4 and Grade 5 Fisheries Technicians.

 

Management of technically based program

 

Financial management

 

Leadership

 

Co-ordination of large/complex technically based programs

 

Advisory and publication of technical information

 

Public relations

 

ATTACHMENT B

 

Fisheries Officers Classification - Competency Standards

 

Fisheries Officer Classification - This award establishes a new structure for the Fisheries Officer Classification.

 

Details of competency standards and general role responsibilities are outlined below.

 

Essential prior to recruitment -

 

Drivers Licence

 

Colour vision

 

Swimming ability (200m)

 

Medical fitness exam

 

Boat Licence

 

HSC or Equivalent

 

Fisheries Officer Grade 1 (Trainee) -

 

To complete induction/orientation

 

Computer/keyboard skills

 

Environmental awareness

 

Pass exams

 

12 months satisfactory service

 

Marine survival/sea safety *

 

Senior First Aid Certificate

 

Baton and handcuffing

 

Basic communication skills *

 

* Ongoing every two years

 

General responsibilities -

 

Requires specified qualifications or previous skills or experience, and

 

Performs basic tasks and operates equipment for which limited training is required.

 

Exercises no individual judgement in following directions.

 

Works under direct supervision

 

Fisheries Officer Grade 2 -

 

Pre-requisite - Satisfies requirements for Fisheries Officer Grade 1.

 

First Year -

 

Intermediate communication skills

 

Second Year -

 

Investigation methods

 

Conflict resolution

 

Supervision skills

 

Accounting procedures

 

Media skills

 

Commonwealth Legislation

 

General responsibilities -

 

Requires accredited training and special licences, and adequate experience and special skills.

 

Performs work process at sub-FO Grade 3 level and performs duties in charge of equipment and, maintains office systems, and

 

Exercises independent judgement at sub-FO Grade 3 level.

 

Works under limited supervision.

 

Uses good communication skills.

 

Possess sound knowledge of relevant legislation, policy and procedures.

 

Fisheries Officer Grade 3 -

 

Pre-requisite - Coxswain’s certificate of competency or equivalent.

 

First Year -

 

Software application skills

 

Operational planning

 

Sound knowledge of Commonwealth legislation

 

Complete basic management skills

 

Knowledge of all aspects of Commonwealth managed fisheries

 

Knowledge of all aspects of State managed fisheries

 

Second Year -

 

Environmental assessment (DA's and fish kills)

 

Superior communication skills

 

Supervision

 

Financial management

 

General responsibilities -

 

Requires satisfactory achievement of Departmental Competency Standards,

 

Performs duties of some complexity and is accountable for completion of work to agreed standards.

 

Exercises some independent judgement

 

Leads small work team on assigned work or supervises subordinate staff, and

 

Prepares, collates and analyses information in respect to Fisheries Management and district operations.

 

Represent the Department at various meetings at district level, and

 

Provides specialised advice and assistance to Management in the formulation of management plans and regulations.

 

District Fisheries Officer -

 

Prerequisite - Coxswain’s certificate of competency or equivalent.

 

Master Class V

) where appropriate

MED 3

)

 

First year and ongoing - Advanced management (Financial, Human, Asset & Strategic Planning),

 

General responsibilities -

 

Responsible for effective co-ordination of work, or scheduling basic training for Fisheries Officer Grade 1 to 3 under direct supervision, problem solving, and

 

Exercises independent judgement and is accountable for work performance.

 

Provides specialised advice and assistance to Management in the formulation of Management Plans and Regulations.

 

Accountable for performance to meet deadlines, and/ or performs work of complexity at a high level, and/or is competent in full range of disciplines necessary to effectively manage a Fisheries District.

 

Communicates information to client groups.

 

Provides specialised advice and assistance to Management in the formulation of Management Plans and Regulations.

 

Supervising Fisheries Officer -

 

Prerequisite - Coxswains certificate of competency or equivalent.

 

Master Class V

) where appropriate

MED 3

)

 

First Year -

 

Management and administration

 

Work Health  and safety training

 

Mediation skills

 

Second Year -

 

Further management development

 

General responsibilities -

 

May require Master Class V and MED 3 Course.

 

Requires well developed management skills.

 

Demonstrated understanding of environmental issues.

 

Approves work programs and projects and allocates resources, sets priorities and monitors performance against agreed standards, time frames and budgets.

 

Responsible for the training and development of staff in the zone.

 

Represents the Department as required at zone level and regional level.

 

Communicates technical and other information to client groups.

 

Provides specialised advice and assistance to Management in the formulation of Management Plans and Regulations.

 

 

 

 

J. D. STANTON, Commissioner

 

 

____________________

 

 

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