Crown Employees (Department of Industry Skills and
Regional Development) Technical Staff Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 741 of 2015)
Before Commissioner Stanton
|
28 October 2015
|
REVIEWED
AWARD
Arrangement
Clause No. Subject Matter
PART A
1. Title
2. Definitions
3. Salaries
4. Saving of
Rights
5. Progression
Criteria
6. Allowances
7 Hours of
Work
8. Job Evaluation
9. Appeals
Mechanism
10. Anti-Discrimination
11. Deduction
of Union Membership Fees
12. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Allowances
PART A
1. Title
This Award shall be known as the Crown Employees
(Department of Industry Skills and Regional Development) Technical Staff Award.
2. Definitions
(i) "Act" means Government Sector Employment Act 2013 .
(ii) "Association"
means the Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales.
(iii) "Department"
means the Department of Industry, Skills and Regional Development, as specified
in Schedule 1of the Government Sector
Employment Act 2013 .
(iv) "Industrial
Relations Secretary" means the Secretary of the Treasury, as established
under the Government Sector Employment Act 2013.
(v) "Job
Evaluation" means a methodology agreed to between the parties to grade
Technical Staff under this Award.
(vi) "Member
of staff" for the purposes of this Award, means a person employed as an
employee on probation or employee, employed in any capacity under the
provisions of Part 4, Division 5 of the
Act.
(vii) "Normal
Work" is defined as the duties,
responsibilities and capabilities relevant to the Role Description, of a
member, or members, of staff, at the time of a grievance, dispute or
difficulty.
(viii) "Public
Service" means the Public Service of New South Wales as defined in the Government
Sector Employment Act 2013.
(ix) "Regulation"
means the Government Sector Employment
Regulation 2014.
(x) "Role
" means a role as dealt with in Division 5
of the Government Sector
Employment Act 2013.
(xi) “Rules”
means the Government Sector Employment
Rules 2014.
(xii) "Salary
Rates" means the ordinary time rate of pay for the member of staff’s
grading, excluding shift allowances, weekend penalties and all other allowances
not regarded as salary.
(xiii) "Secretary" means the Secretary
of the Department of Industry, Skills and Regional Development as specified in
Schedule 1 of the Government Sector
Employment Act 2013
(xiv) "Service"
means continuous service for salary purposes.
(xv) "Technical
Assistant" means an employee who holds the New South Wales School
Certificate or its equivalent and is able to demonstrate the ability to
undertake the capabilities provided for in the Government Sector Capabilities
Framework as outlined in the role description that is required for employment
in any of the roles covered by the provisions of this Award. VET Certificate II in any qualification is
considered equivalent to the NSW School Certificate.
(xvi) "Technical
Co-ordinator" means an employee who has the experience, expertise and is
able to demonstrate the ability to undertake the capabilities provided for in
the Government Sector Capabilities Framework as outlined in the role
description that allows them to accept responsibility for the supervision and
co-ordination of technical activities in a technical section or work unit and
is assigned to a role designated as such.
(xvii) "Technical
Manager" means an employee who is able to demonstrate the ability to
undertake the capabilities provided for in the Government Sector Capabilities
Framework as outlined in the role description of the role and assigned to a
role designated as such.
(xviii) "Technical
Officer" means an employee who is able to demonstrate the ability to
undertake the capabilities provided for in the Government Sector Capabilities
Framework as outlined in the role description of the role and holds:
(a) a Biological
Technicians Certificate, Chemistry Certificate Course, or the Pathology
Technician Certificate Course from TAFE, or a relevant VET Diploma (equivalent
AQF Level V) or other qualification deemed by the Department to be equivalent;
or
(b) a trade
qualification plus 5 years relevant post trade experience that is required for
employment in any of the roles covered by the provisions of this Award; or,
(c) a Library
Technician Certificate from TAFE or other qualification deemed by the
Department to be equivalent; or
(d) successfully
completed two-thirds of the required credit points necessary for the awarding
of a relevant degree; or
(e) a relevant AQF
Certificate IV or equivalent plus 5 years relevant post qualification
experience.
(xix) Technical
Staff" means all members of staff employed to provide technical
contributions to the achievement of the Department’s corporate goals.
3. Salaries
Subject to the provisions of the Act, Regulation and Rules thereunder and the Crown
Employees (Public Sector – Salaries 2015) Award, the rates of salary as set out
in Table 1 - Salaries, of Part B, Monetary Rates shall be paid to members of
staff assigned to roles at grades specified.
4. Saving of Rights
At the time of making of this Award, no member of staff
covered by this Award will suffer a reduction in their rate of pay or any loss
or diminution in his or her conditions of employment as a consequence of the
making of this Award.
5. Progression
Criteria
(i) A Technical
Assistant who has been in receipt of the maximum salary prescribed for their
grade for 12 months shall be eligible for progression to the next grade, up to
and including Grade 3, subject to satisfying the merit progression criteria.
(ii) A Technical
Officer, who has been in receipt of the maximum salary prescribed for their
grade for 12 months, shall be eligible for progression to the next grade, up to
and including Grade 3, subject to satisfying the merit progression criteria.
(iii) Technical
Manager roles shall be included at
levels, Grade 3, Grade 4 and Grade 5, with promotion into such roles
being by assignment subject to the occurrence of a vacancy and completing a
comparative assessment process.
6 Allowances
(i) A member of
staff who is assigned to a role as a Technical Co-ordinator will be paid an
allowance as set out in Item 1 of Table 2 - Allowances of Part B Monetary Rates
from the date of their assignment. The allowance will be part of the member of
staff’s salary for all purposes and will be adjusted in accordance with any
variations applied commensurate with this Award. The allowance will also be
superable.
(ii) Members of staff
will be assigned to the role of Technical Co-ordinator for periods of up to two
years with future assignments to be determined by comparative assessment.
7. Hours of Work
(i) Both
full-time and part-time members of staff, subject to Departmental convenience,
will work a flexible working hours arrangement in accordance with the
Department’s Flexible Working Hours Agreement, which is a co-lateral
arrangement under clause 10, Local Arrangement of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009.
(ii) Members of
staff cannot be required to work more than 5 hours in one continuous period
without an unpaid meal break of at least 30 minutes.
8. Job Evaluation
Roles classified as Technical Staff shall be graded in
accordance with the accredited Job Evaluation methodology and to meet the
requirements of the NSW Government Sector Capability Framework as agreed by the
Secretary and the Association.
9. Appeals Mechanism
(i) A member of
staff of the Department shall have the right to appeal any decision made by the
Department in relation to their performance assessment review or in relation to
promotion on merit from one grade to another where this is available under the
provisions of this Award.
(ii) Members of
staff shall submit a written submission outlining their case to the Director
Industrial Relations within 28 days of the decision being appealed.
(iii) The Director
Industrial Relations shall constitute an appeals committee made up of one
Management representative, an Association representative and one peer that is
acceptable to both Management and the Association.
(iv) The appeal
shall be heard within 28 days of it being lodged and the recommendation of the
committee shall be forwarded to the Secretary or nominee for approval.
(v) The decision
of the Secretary or nominee shall be forwarded to the member of staff concerned
within 7 working days of the appeal being heard.
(vi) This appeal
mechanism shall not cover matters that are dealt with by Clause 24 of the Rules.
10.
Anti-Discrimination
(i) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity and
age and responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the Award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
(c) "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."
11. Deduction of Union
Membership Fees
(i) The Association
shall provide the employer with a schedule setting out Association fortnightly
membership fees payable by members of the Association in accordance with the
Association's rules.
(ii) The Association
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation to the schedule of Association
fortnightly membership fees payable shall be provided to the employer at least
one month in advance of the variation taking effect.
(iii) Subject to
(i) and (ii) above, the employer shall deduct Association fortnightly
membership fees from the pay of any employee who is a member of the Association
in accordance with the Association's rules, provided that the employee has
authorised the employer to make such deductions.
(iv) Monies so
deducted from employee's pay shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to employees' Association membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the Association, all Association
membership fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of Association membership fees
from his or her pay prior to this clause taking effect, nothing in this clause
shall be read as requiring the employee to make a fresh authorisation in order
for such deductions to continue.
12. Area, Incidence
and Duration
(i) The Award
shall apply to each member of staff described as a Technical Staff employees in
clause 2, Definitions, in the Department of Industry, Skills and Regional
Development.
(ii) The members
of staff 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, the Crown Employees (Public Service
Conditions of Employment) Award 2009 and the Crown Employees (Public Sector -
Salaries 2015) Award or any Awards replacing these Awards.
(iii) The changes made
to this Award pursuant to the Award Review under 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) with effect on and from
28 October 2015.
(iv) The Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Effective from the beginning of the first full pay
period to commence on or after 1 July 2015.
Table 1 - Salaries
(A) Full-time rates
Technical
Assistant
Junior
|
1.7.15
|
Common Salary Point
|
|
Per annum
|
|
|
2.50%
|
|
|
$
|
|
Under 17
|
24,554
|
n/a
|
Age 17
|
29,463
|
n/a
|
Age 18
|
34,375
|
n/a
|
Age 19
|
39,288
|
n/a
|
Age 20
|
44,197
|
n/a
|
Grade 1
|
|
|
1st Year
|
49,106
|
26
|
2nd Year
|
50,433
|
29
|
3rd Year and thereafter
|
52,185
|
33
|
Grade 2
|
|
|
1st Year
|
53,642
|
36
|
2nd Year and thereafter
|
55,169
|
39
|
Grade 3
|
|
|
1st Year
|
57,253
|
43
|
2nd Year and thereafter
|
58,687
|
46
|
Technical Officer
Grade 1
|
Per annum
|
CSP
|
|
$
|
|
|
|
|
1st Year
|
58,687
|
46
|
2nd Year
|
60,998
|
50
|
3rd Year
|
62,627
|
53
|
4th Year and thereafter
|
64,399
|
56
|
Grade 2
|
|
|
1st Year
|
69,696
|
64
|
2nd Year
|
71,839
|
67
|
3rd Year
|
73,918
|
70
|
4th Year and thereafter
|
78,301
|
76
|
Grade 3
|
|
|
1st Year
|
82,135
|
81
|
2nd Year
|
84,570
|
84
|
3rd Year
|
87,147
|
87
|
4th Year and thereafter
|
90,646
|
91
|
Grade 4
|
|
|
1st Year
|
94,423
|
95
|
2nd Year
|
97,426
|
98
|
3rd Year
|
99,367
|
100
|
4th Year and thereafter
|
102,223
|
103
|
Grade 5
|
|
|
1st Year
|
106,307
|
107
|
2nd Year
|
109,490
|
110
|
3rd Year and thereafter
|
112,713
|
113
|
(B) Part-Time
Hourly Rate Formula
Annual Salary
|
1
|
|
52.17857143 x
|
35
|
1 hours pay
|
Table 2 - Allowances
Item
|
Clause
|
Brief Description
|
Amount
|
No.
|
No.
|
|
1.7.15
|
|
|
|
Per annum
|
|
|
|
2.50%
|
|
|
|
$
|
1
|
7 (i)
|
Technical Co-ordinator Allowance
|
2,636
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.