Crown Employees (Office of Environment and Heritage
- Royal Botanic Gardens and Domain Trust Building and Mechanical Trades
Employees) Award 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 754 of 2015)
|
Before Commissioner Stanton
|
25 November 2015
|
REVIEWED
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Title
2. Parties
3. Definitions
4. Intention
5. Effects
of the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2006
6. Wage
Rates
7. General
Conditions of Employment
7A. School
Based Apprentices
8. Consultative
Committee
9. Dispute
Resolution Procedures
10. Classification
Standards
11. Anti-Discrimination
12. Salary
Packaging Arrangements including Salary Sacrifice to Superannuation
13. No Extra
Claims
14. Area,
Incidence and Duration
15. Savings
and Rights
PART B
RATES AND ALLOWANCES
Table 1 - Rates of Pay
Table 2 - Allowances
PART A
1. Title
1.1 This Award
shall be known as the Crown Employees (Office of Environment and Heritage -
Royal Botanic Gardens and Domain Trust Building and Mechanical Trades
Employees) Award 2015.
2. Parties
2.1 This Award has
been made between the following parties:
The Industrial Relations Secretary
for the Office of Environment and Heritage (OEH);
Construction, Forestry, Mining Energy Union; and
Communications Electrical Electronic Energy Information
Postal Plumbing and Allies Services Union of Australia (CEPU Plumbers Division
NSW Branch).
3. Definitions
"Act" means the Government Sector Employment Act 2013.
"Award" means this Award.
"OEH" means the Office of Environment and
Heritage.
"Organisation" means the Office of
Environment and Heritage.
"Chief Executive" means the Chief Executive
of the Office of Environment and Heritage.
"Employee" means and includes all persons employed
under the provisions of the Government
Sector Employment Act 2013 and who have been assigned to a role covered by
this Award.
"Operative Date" means the date on which this
Award is made by the Industrial Commission of New South Wales and becomes
legally binding on the parties.
"Secretary" means the Industrial Relations Secretary,
as established under the Government
Sector Employment Act 2013.
"Supervision" means, in addition to normal
supervisory responsibilities, the assessment, evaluation and training of
employees.
"Union" means the:
Construction, Forestry, Mining Energy Union (CFMEU);
and
Communications Electrical Electronic Energy Information
Postal Plumbing and Allies Services Union of Australia (CEPU Plumbers Division
NSW Branch);
having regards for their respective coverage.
4. Intention
4.1 It is intended that
this Award will align the wages of the employees employed under this Award with
the employees employed under the Crown Employees (Parks and Gardens -
Horticulture and Rangers Staff) Consent Award 2004 published 1 April 2005 (349
I.G. 804).
4.2 It is intended
that the Award will provide a suitable basis for the parties to implement
appropriate arrangements to ensure that corporate objectives are met.
4.3 The Award will
help facilitate the processes necessary to enhance the productivity of the
organisation and provide a better return to the organisation, the employees,
and the community.
5. Effect of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009
5.1 The parties
agree:
5.1.1 Overtime - The overtime provisions contained
in the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009, as varied, or any replacement Award shall apply to all employees covered
by this Award.
5.1.2 Travelling Compensation - The travelling
compensation provisions contained in the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009, as varied or any replacement
Award shall apply to all employees covered by this Award.
5.1.3 The provisions of sub-clauses 5.1.1 and
5.1.2 shall apply in lieu of the provisions of the Crown Employees (Skilled
Trades) Award, as varied or replaced, in respect of Excess Fares and Travelling
Time, and Overtime.
5.2 Conditions of employment for employees covered by this Award
are to be regulated by the following hierarchy:
(i) this Award
where stated; or
(ii) the Crown
Employees (Skilled Trades) Award where not regulated by this Award; or
(iii) any
conditions not regulated by this Award or the Crown Employees (Skilled Trades)
Award shall be provided by the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009, as varied or replaced.
5.3 Where there is
an inconsistency between this Award, the Crown Employees (Skilled Trades) Award
and the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009 as varied or replaced, this Award shall prevail to the extent of the
inconsistency.
6. Wage Rates
6.1 The wage rates paid to employees covered by this Award are
specified in Part B, Rates and Allowances, Table 1.
6.2 Apprentice trades employees shall be paid a percentage of the
rate of pay applicable to Level Five Year 1:
|
Year One
|
45%
|
|
Year Two
|
60%
|
|
Year Three
|
75%
|
|
Year Four
|
85%
|
7. General Conditions
of Employment
7.1 Except as otherwise
provided in this Award, employees shall be entitled to and shall observe the
conditions of employment made pursuant to the provisions of the Act.
7.2 The ordinary
working hours shall be an average of 38 hours per week worked over a four (4) week
settlement period.
7.3 Rostered Days
Off - rostered days off (RDOs) shall be taken on days set by mutual agreement
between employees and management. Where
mutual agreement is not reached between employees and management as to the date
on which the employee’s RDO is to be taken, then the employee shall be entitled
to take the day set by the Industry as the RDO for that month.
7.3.1 The parties agree that a nine-day
fortnight will operate. The additional RDO shall be taken on a day agreed to by
the parties to this Award.
7.3.2 Employees may, by mutual agreement with
management, accrue up to three (3) RDOs in any one year.
7.4 Allowances
7.4.1 The parties agree that all allowances
previously paid to employees covered by this Award, including the Pager
Allowance, have been rolled into salary with the exception of the allowances in
sub-clauses 7.4.2, 7.4.3 and 7.4.4, the rates for which are specified in Part
B, of Table 2.
7.4.2 Chokage Allowance - the allowance as
contained in Part B, Table 2 will be calculated to and paid as a weekly
allowance to an employee required to perform chokages.
7.4.3 Asbestos Allowance - the allowance as
contained in Part B, Table 2 will be calculated to and paid as a weekly
allowance to an employee required to work with asbestos.
(i) The parties agree that employees who are required to work with
asbestos will be provided with the appropriate safety equipment.
(ii) The parties also agree that employees have the right to refuse
to work with asbestos if it is considered that such work is too hazardous to
safely work with.
7.4.4 Plumbers’ Licence Allowance and Plumbers’
Registration Allowance - the allowances will be paid to employees required to
act on such a Licence.
7.4.5 Having regard to clause 6.1 of this
Award, allowances contained in Part B, Table 2 have been increased by 2.5% per annum from the first
pay period on or after 1 July 2015.
7.5 Emergency
Call-outs - Where an employee covered by this Award is called out after hours
to respond to an emergency alarm, they shall be paid a minimum of four hours
overtime.
7.6 Employees
covered by this Award are not required to provide their own tools.
7.7 Employees will
be entitled to an additional holiday on a working day nominated by the Director
within the period between Boxing Day and New Year’s Day. This holiday applies in lieu of the Union
Picnic Day entitlement provided by the Crown Employees (Skilled Trades) Award.
7.8 Subject to an
employee making written authorisation, the Royal Botanic Gardens shall deduct
from the employee’s pay, subscriptions payable to a nominated industrial
organisation of employees (Union) and shall pay the deducted subscriptions to
such an organisation.
7A. School Based
Apprentices
7A.1 Definition
A school based apprentice is an employee who is
undertaking an apprenticeship under a training contract while also enrolled in
the Higher School Certificate.
7A.2 Wages
(i) The hourly
rates for full-time apprentices as set out in this Award shall apply to school
based apprentices for total hours worked including time deemed to be spent in
off-the-job training.
(ii) For the
purposes of sub-clause 7A2 (i) of this clause, where a school based apprentice
is a full-time school student, the time spent in off the job training for which
the school based apprentice is paid is deemed to be 25 per cent of the actual
hours worked on the job each week.
(iii) The wages
paid for training time may be averaged over the school term or year.
(iv) Where this
Award specifies a weekly rate for full-time apprentices, the hourly rate shall
be calculated by dividing the applicable weekly rate by 38.
7A.3 Progression
through the Wage Structure
(i) School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
(ii) The rates of
pay are based on a standard apprenticeship of four years. The rate of
progression reflects the average rate of skill acquisition expected from the
typical combination of work and training for a school based apprentice
undertaking the applicable apprenticeship.
7A.4 Conversion from a
school based apprentice to a full-time apprenticeship
Where an apprentice converts from a school based to a full-time
apprenticeship, all time spent as a full-time apprentice counts for the purpose
of progression through the wage scale set out in this Award. This progression
applies in addition to the progression achieved as a school based apprentice.
7A.5 Conditions of
Employment
Except as provided by this clause, school based
apprentices are entitled to pro rata entitlements of all other conditions of
employment contained in this Award.
8. Consultative
Committee
8.1 A Royal Botanic Gardens and Domain Trust Joint Consultative
Committee Sub-committee (the Sub-committee) shall monitor the implementation of
this Award and make, during its period of operation, recommendations to the
Executive Director of the Royal Botanic Gardens and Domain Trust with regard to:
(i) implementation
of the classification levels and progressions between classification levels as
provided in clause 10 - Classification Standards.
(ii) any other
matters regarding the implementation of this Award.
8.2 The Sub-committee shall consist of representatives
of management and representatives of the unions which are party to this Award,
the latter chosen at the discretion of the union members covered by this Award.
8.3 Should the
parties to the Sub-committee fail to reach agreement on any matter the Dispute
Resolution Procedures outlined in clause 9 - Dispute Resolution Procedures,
will be followed.
9. Dispute Resolution
Procedures
9.1 Subject to the
provisions of the Industrial Relations Act 1996, should any dispute (including a question or difficulty) about
an industrial matter arise, then the following procedures shall apply:
9.1.1 Should any
dispute or difficulty arise or is considered likely to occur, in a particular
workplace, the matter is discussed between the employee and the supervisor
involved as soon as is practicable.
9.1.2 The supervisor
will discuss the matter with the employee(s) and/or the union delegate of the
employee’s representative within a reasonable time frame with a view to
resolving the dispute, question or difficulty or by negotiating an agreed
method and time frame for processing.
9.1.3 Should the
matter remain unresolved, or should the matter be of a nature which involves multiple
workplaces, then the employee, union delegate and/or union official or
employee’s representative may raise the matter with the Curator/Manager with a
view to resolving the dispute, question or difficulty or by negotiating an
agreed method and time frame for proceeding.
9.1.4 Where the
procedures in sub-clause 9.1.3 do not lead to a resolution of the dispute,
question or difficulty, the matter will be referred to senior representatives
of the Royal Botanic Gardens and Domain Trust management. The parties will discuss the dispute,
question or difficulty with a view to resolving the matter or by negotiating an
agreed method and time frame for proceeding.
9.1.5 Should the above
procedures not lead to a resolution then either party may make application to
the Industrial Relations Commission.
9.1.6 Notwithstanding
the intention of the parties to follow the steps in this clause, it is
acknowledged that there may be limited circumstances where the parties may
directly seek the assistance of the Industrial Relations Commission.
10. Classification
Standards
10.1 A position
falling within the scope of this Award shall have assigned to it a
classification level determined in accordance with the classification standards
detailed below.
10.2 Broadbanding Classifications
10.2.1 For the purposes of this Award, Level 5/6 is
a broadbanded classification. Progression between Levels 5 and 6 is by way of a
"soft" progression based on the assessment and appeal processes that
are agreed by the parties.
10.2.2 For the purposes of this Award, Level 7/8 is
a broadbanded classification. Progression between Levels 7 and 8 is by way of a
"soft" progression based on the assessment and appeal processes that
are agreed by the parties.
10.3 The following
classification levels will apply in each Administrative Unit:
10.3.1 Level
5
An employee
assigned to a role established at Level 5 of this Award will:
(a) Work under
minimal supervision and therefore be required to exercise independent judgement
at trade level; and
(b) Have a
recognised trades certificate or equivalent, or be able to demonstrate
equivalent prior learning and possess the relevant interpretation skills and
other skills and relevant experience required to:
(i) perform trade
level duties; and/or
(ii) provide
visitor assistance; and/or
(iii) supervise
apprentices; and
(iv) communicate
with supervisors and other employees; and/or
10.3.2 Level
6
An employee
assigned to a role established at level 6 of this Award will:
(a) Work under
minimal supervision and therefore be required to exercise independent judgement
at an advanced trade level and exercise initiative with regard to matters of
minor complexity; and
(b) Have a
recognised trades certificate, or be able to demonstrate equivalent prior
learning, so that they have the developed communication skills, interpretation
skills and other skills and relevant experience required to:
(i) perform
advances trade level duties; or
(ii) supervise
apprentices; and
(iii) communicate
with supervisors and other employees; and/or
(iv) communicate
semi-technical information to the public.
(c) Fulfil the
requirements for progression to Level 6 based on the assessment and appeals
processes that are to be agreed between the parties.
10.3.3 Level
7
An employee assigned
to a role established at Level 7 of this Award will:
(a) Work
independently on assigned specialist work and/or lead a small work team on
assigned work and therefore be required to exercise independent judgement and
to be accountable for work performance; and
(b) Have a
recognised trades certificate, and have the skills and relevant supervisory
experience required to:
(i) manage a
small specialist work area as an individual or as the leader of a small team of
employees (normally less than 6 employees) - supervising and training
employees; and
(ii) be
accountable for completion of work to agreed standards; and/or
(iii) solve
technical problems of limited complexity; and
(iv) document and
communicate technical data and information to other employees and/or the
public.
10.3.4 Level
8
An employee
assigned to a role established at Level 8 of this Award will:
(a) Work
independently on assigned specialist work and/or lead a team on assigned work
and therefore be required to exercise independent judgement and to be
accountable for work performance; and
(b) Have a
recognised trades certificate and have the skills and relevant supervisory
experience required to:
(i) manage a
specialist work area as an individual or as the leader of a team of employees -
supervising and training employees; and
(ii) be
accountable for completion of work to agreed standards; and/or
(iii) solve
technical problems of some complexity; and
(iv) document and communicate
technical data and information to employees and/or the public.
(c) Fulfil the
requirements for progression to Level 8 based on the assessment and appeals
processes that are to be agreed between the parties.
11.
Anti-Discrimination
11.1 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 and age.
11.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
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
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 that, by its terms or operation, has a direct
discriminatory effect.
11.3 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.
11.4 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.
(d) a party to
this Award from pursuing or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
11.5 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.
11.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
11.7 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."
12. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
12.1 The entitlement
to salary package in accordance with this clause is available to:
12.1.1 ongoing full-time
and part-time employees;
12.1.2 temporary
employees, subject to the OEH’s convenience; and
12.1.3 casual employees,
subject to the OEH’s convenience, and limited to salary sacrifice to superannuation
in accordance with sub-clause 12.7.
12.2 For the purposes
of this clause:
12.2.1 "salary"
means the salary or rate of pay prescribed for the employee's classification by
clause 6 - Wage Rates, Part B of this Award, and any other payment that can be
salary packaged in accordance with Australian taxation law.
12.2.2 "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
12.3 By mutual
agreement with the Secretary, an employee may elect to package a part or all of
their post compulsory deduction salary in order to obtain:
12.3.1 a benefit or
benefits selected from those approved by the Secretary; and
12.3.2 an amount equal to
the difference between the employee’s salary, and the amount specified by the
Secretary for the benefit provided to or in respect of the employee in
accordance with such agreement.
12.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
12.5 The agreement
shall be known as a Salary Packaging Agreement.
12.6 Except in
accordance with sub-clause 12.7, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
employee and the Executive Officer at the time of signing the Salary Packaging
Agreement.
12.7 Where an
employee makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
employee may elect to have the amount sacrificed:
12.7.1 paid into the
superannuation fund established under the First
State Superannuation Act 1992; or
12.7.2 where the OEH is
making compulsory employer superannuation contributions to another complying
superannuation fund, paid into the same complying fund; or
12.7.3 subject to the
OEH’s agreement, paid into another complying superannuation fund.
12.8 Where the
employee makes an election to salary sacrifice, the OEH shall pay the amount of
post compulsory deduction salary, the subject of election, to the relevant
superannuation fund.
12.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
12.9.1 Police Regulation
(Superannuation) Act 1906;
12.9.2 Superannuation Act
1916;
12.9.3 State Authorities
Superannuation Act 1987; or
12.9.4 State Authorities
Non-contributory Superannuation Act 1987,
the OEH must ensure that the employee’s superable
salary for the purposes of the above Acts, as notified to the SAS Trustee
Corporation, is calculated as if the Salary Packaging Agreement had not been
entered into.
12.10 Where the employee
makes an election to salary package, and where the employee is a member of a
superannuation fund other than a fund established under legislation listed in
sub-clause 12.9 of this clause, the OEH must continue to base contributions to
that fund on the salary payable as if the Salary Packaging Agreement had not
been entered into. This clause applies even though the superannuation
contributions made by the OEH may be in excess of superannuation guarantee
requirements after the salary packaging is implemented.
12.11 Where the employee
makes an election to salary package:
12.11.1 subject
to Australian Taxation law, the amount of salary packaged will reduce the
salary subject to appropriate PAYG taxation deductions by the amount packaged;
and
12.11.2 any
allowance, penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee’s rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the employee under clause 6 - Wage Rates, or Part B
of this Award if the Salary Packaging Agreement had not been entered into.
12.12 The Secretary may
vary the range and type of benefits available from time to time following
discussion with the Unions. Such
variations shall apply to any existing or future Salary Packaging Agreement
from date of such variation.
12.13 The Secretary will
determine from time to time the value of the benefits provided following
discussion with the Unions. Such
variations shall apply to any existing or future Salary Packaging Agreement
from the date of such variation. In this
circumstance, the employee may elect to terminate the Salary Packaging
Agreement.
13. No Extra Claims
13.1 The
No Extra Claims clause (clause 8) contained in the Crown Employees (Public Sector – Salaries 2015) Award shall
apply to employees covered by this Award.
14. Area Incidence and
Duration
14.1 This Award will
apply to employees assigned to a role in classifications covered by
Construction, Forestry, Mining Energy Union and Communications Electrical
Plumbing Union - Plumbers Division NSW, within the Royal Botanic Gardens Trust
Division employed in the OEH.
14.2 This Award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Office of Environment and
Heritage - Royal Botanic Gardens and Domain Trust, Building and Mechanical
Trades Staff) Award 2012 published 3 August 2012 (VOL 373 IG 799)
and all variations thereof.
14.3 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 25 November 2015.
14.4 The Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
15. Savings and Rights
15.1 At the time of
making this Award, no employee covered by this Award will suffer a reduction in
his or her rate of pay or any loss of or diminution in his or her conditions of
employment as a consequence of the making of this Award.
15.2 Should there be
a variation to the Crown Employees (Skilled Trades) Award or the Crown
Employees (Parks and Gardens Horticulture and Rangers Staff) Award or any Award
replacing those Awards, the employees covered by this Award will maintain the
same rates of pay relationship to the classifications covered by the Crown
Employees (Skilled Trades) Award or the Crown Employees (Parks and Gardens
Horticulture and Rangers Staff) Award either by an application for variation,
or by the making of a new Award.
PART B
RATES AND ALLOWANCES
Table 1 - Rates of Pay
|
Classification
|
2.5% increase effect from
the first full pay
|
|
|
period
on or after 01.07.15
|
|
|
Per Annum
|
|
|
$
|
|
Apprentice Year 1
|
26,207.00
|
|
Apprentice Year 2
|
34,942.20
|
|
Apprentice Year 3
|
43,677.80
|
|
Apprentice Year 4
|
49,401.50
|
|
Trades Level 5/6 Year 1
|
58,237.00
|
|
Trades Level 5/6 Year 2
|
59,797.00
|
|
Trades Level 5/6 Year 3
|
61,472.00
|
|
Trades Level 5/6 Year 4
|
63,176.00
|
|
Trades Level 7 Year 1
|
64,969.00
|
|
Trades Level 7 Year 2
|
66,909.00
|
|
Trades Level 7/8 Year 1
|
64,969.00
|
|
Trades Level 7/8 Year 2
|
66,909.00
|
|
Trades Level 7/8 Year 3
|
69,026.00
|
|
Trades Level 7/8 Year 4
|
71,839.00
|
Table 2 - Allowances
|
Clause No. and Brief Description
|
2.5% increase effective from the first full
|
|
|
pay period on or
after 01.07.15
|
|
|
$
|
|
7.3.1 Chokage
(per hour)
|
1.79
|
|
7.3.2 Asbestos
(per hour)
|
0.95
|
|
7.3.3 Plumbers
Licence (per hour)
|
1.64
|
|
7.3.4 Plumbers
Registration (per hour)
|
0.94
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.