Crown
Employees (NSW Department of Trade and Investment, Regional Infrastructure and
Services) Forests NSW Senior Staff
Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 231 of 2012)
|
Before The Honourable
Mr Justice Staff
|
16 April 2012
|
REVIEWED AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Salary Packaging
Arrangements Including Salary Sacrifice to Superannuation
5. Family and
Community Service Leave Personal/Carer's Leave and Flexible Use of Other Leave
Entitlements
6. Grievance
and Dispute Resolution Procedure
7. Uniforms
8. Anti-Discrimination
9. Savings of
Rights
10. Area,
Incidence and Duration
1. Title
This Award shall be known as the Crown Employees (NSW
Department of Trade and Investment, Regional Infrastructure and Services)
Forests NSW Senior Staff Award.
2. Definitions
"Act" shall mean the Public Sector
Employment and Management Act 2002.
"Award" shall mean the Crown Employees (NSW
Department of Trade and Investment, Regional Infrastructure and Services) Forests NSW Senior Staff Award.
"Association" shall mean the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales.
"Department" means - The NSW Department of
Trade and Investment, Regional Infrastructure and Services.
"Department Head" means - The
Director-General, the NSW Department of Trade and Investment, Regional
Infrastructure and Services.
"Director-General, Department of Premier and
Cabinet" means - the Director-General, Department of Premier and Cabinet,
as established under the Public Sector Employment and Management Act 2002.
"Officer" means and includes, all persons
permanently or temporarily employed under the provisions of the Public
Sector Employment and Management Act 2002, or other appropriate Acts, and
who, as at the operative date of this Award were occupying positions covered by
this Award, or who after that date, are appointed to or employed in one such
position.
Forests NSW " means the Forestry Commission of New
South Wales trading as Forests NSW.
"Senior Staff Enterprise Agreement" means
Agreement No 19/95.
"Staff member" means an officer, temporary
employee or casual employee engaged under the Act.
3. Salaries
(1) All officers
shall be paid in accordance with the salary structure set out in Schedule 1 to
this Award.
(2) The Salary level
and relevant point on the salary scale will continue to be determined through
the OCR job evaluation methodology, and subject to satisfactory performance and
service.
(3) Salaries
described herein are paid in lieu of those contained in the Senior Staff
Enterprise Agreement No. 19/95.
4. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
An employee may elect, subject to the agreement of the
Department Head, to enter into a Salary Packaging Arrangement in accordance
with the provisions of clause 5 of the Crown Employees (Public Sector -
Salaries 2008) Award or any variation
or replacement award.
5. Family and
Community Service Leave, Personal/Carer's Leave and Flexible Use of Other Leave
Entitlements
Refer to the Crown Employees (Public Service Conditions
of Employment) Award 2009 or any variation or replacement award
for all entitlements.
6. Grievance and
Disputes Resolution Procedures
(1) All grievances and
disputes relating to the provisions of this Award shall 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.
(2) A staff member is required to notify in
writing their immediate manager, as to
the substance of the grievance, dispute or difficulty, request a meeting to
discuss the matter, and if possible state the remedy sought.
(3) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Amendment Act 1977, as amended) that makes it impractical
for the staff member to advise their immediate manager, the notification may
occur to the next appropriate level of management, including, where required,
to the Department Head or delegate.
(4) The immediate
manager or other appropriate officer shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) days, or as soon as
practicable, of the matter being brought to attention.
(5) If the matter
remains unresolved with the immediate manager, the the staff member may request to meet the appropriate person at
the next level of management in order to resolve the matter. This manager shall
respond within two (2) days, or as soon as practicable. This sequence of
reference to successive levels of management may be pursued by the member of
staff until the matter is referred to the Department Head.
(6) The Department
Head may refer the matter to the Director-General, Department of Premier and
Cabinet for consideration.
(7) In the event
that the matter remains unresolved, the Department Head shall provide a written
response to the member of staff and any other party involved in the grievance,
dispute or difficult, concerning action to be taken, or the reasons for not
taking action, in relation to the matter.
(8) A staff member may request to be represented
by an Association Representative.
(9) The staff member or Association on their behalf,
or Department Head may refer the matter to the New South Wales Industrial
Relations Commission if the matter is unresolved following the use of these
procedures.
(10) The staff member, Association, Department and
Director-General, Department of Premier and Cabinet shall agree to be bound by
any order or determination by the New
South Wales Industrial Relations Commission in relation to the grievance,
dispute or difficulty.
(11) Whilst the
procedures outlined in 9 to 10 of this clause are being followed, normal work
undertaken prior to notification of the grievance, dispute or difficultly shall
continue unless otherwise agreed between the parties, or, in the case of a
dispute involving Work Health and Safety.
If practicable, normal work shall proceed in such a manner to avoid any
risk to the health and safety of any officer, or member of the public.
7. Uniforms
Where Senior Staff are required to wear a uniform, the
uniform will be provided in the terms of the Collateral Agreement with the
Public Service Association of NSW.
8.
Anti-Discrimination
(1) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
(2) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the Award, which, by its terms or operation, has a direct
or indirect discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, as amended, 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.
(4) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977; as amended;
(d) a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(5) This clause does
not create legal rights or obligations in addition to those imposed upon the parties
by legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56 (d)
of the Anti-Discrimination Act 1977, as amended, provides:
"Nothing in this Act affects ...any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
9. Savings of Rights
(1) At the time of
making this Award, no officer covered by this Award will suffer a reduction in
his or her rate of pay or any loss or diminution in his or her conditions of
employment as a consequence of the making of this Award.
(2) Should there be
a variation of the Crown Employees (Public Sector - Salaries 2008) Award or an Award replacing that
Award, senior staff will maintain the same salary relationship to the rest of
the Public Service. Any such salary increase will be reflected in this Award
either by variation to it or by the making of a new Award.
10. Area, Incidence
and Duration
(1) This Award shall
apply to all Senior Staff of the Forestry Commission of New South Wales
(trading as Forests NSW) and currently covered by Enterprise Agreement No
19/95, and should be read in conjunction with the Enterprise Agreement.
(2) The changes made
to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 16 April 2012.
(3) Changes made to
this Award subsequent to it first being published on 12 October 2007 (363 I.G.
1346) have been incorporated into this Award as part of the review.
(4) The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
Schedule 1
Senior Staff
Salary Rates
Effective From The
First Pay Period To Commence On Or After
1/07/2011
|
Senior Staff -
Forest NSW
|
1/07/2011
|
|
Classification and
Grades
|
Per annum
|
|
|
2.5%
|
|
|
$
|
|
Level 1
|
121,638
|
|
|
128,617
|
|
Level 2
|
128,618
|
|
|
138,998
|
|
Level 3
|
138,999
|
|
|
145,964
|
|
Level 4
|
145,965
|
|
|
149,922
|
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.