CROWN EMPLOYEES (TECHNICAL OFFICERS - TREASURY) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1837 of 2004)
Before The Honourable
Mr Deputy President Harrison
|
22 June 2004
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Salary
Packaging Arrangements
4a. Salary
Sacrifice to Superannuation
5. Dispute Resolution
Procedure
6. Anti-Discrimination
7. Savings
of Rights
8. Area,
Incidence and Duration
PART B
Monetary Rates
Table 1 - Salaries
PART A
1. Title
This award shall be known as the Crown Employees (Technical
Officers - Treasury) Award.
2. Definitions
"Act" shall mean the Public Sector Employment
and Management Act 2002.
"Award" shall mean the Crown Employees (Technical
Officers - Treasury) Award.
"Association" shall mean the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
"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 one of the
positions covered by this award or who, after that date, are appointed to or
employed in one such position.
"Public Employment Office" or "PEO"
means the Public Employment Office established under Division 2A of the Public
Sector Employment and Management Act 2002.
"Treasury", "Office of Financial
Management" or "OFM" refers to the Office of Financial
Management, New South Wales Treasury.
3. Salaries
(i) All officers shall
be paid in accordance with the salary structure set out in Table 1 - Salaries,
of Part B, Monetary Rates.
(ii) Work value
alone is not sufficient to have a position classified and graded as a Grade 1
or Grade 2 Technical Officer - Treasury. Other factors must also be satisfied
such as skill shortage, specialist skills and use on the job of higher level
competencies.
(ii) Pay movements
within each grade will be based on a pre-defined matrix comprised of
competency, performance, market relationship and degree of speciality.
(iv) Progression is
not incremental in nature.
4. Salary Packaging
Arrangements
(i) By mutual
agreement with the Treasury and PEO, an officer may, from time to time, elect
to receive:
(a) a benefit or
benefits selected from those approved from time to time by the PEO; and
(b) a salary equal
to the difference between the salary prescribed for the officer by Clause 3,
Salaries, of this Award, and the amount specified by the PEO from time to time
for the benefit provided to or in respect of the officer in accordance with
such agreement.
(ii) The agreement
shall be recorded in writing and shall be known as a Salary Packaging
Agreement. The employee shall be provided with a copy of the signed agreement.
(iii) A Salary
Packaging Agreement shall be for a period of up to 24 months, unless a
different period is mutually agreed between the officer and the Treasury at the
time of signing the Salary Packaging Agreement.
(iv) The PEO may
vary the range and type of benefits available from time to time at its absolute
discretion. Such variations shall apply to any existing or future Salary
Packaging Agreement from the date of such variation.
(v) The PEO will
determine from time to time the value of the benefits provided following
discussion with the Association. Such variations shall apply to any existing or
future Salary Packaging Agreement from the date of such variation. In this
circumstance, the officer may elect to terminate the Salary Packaging Agreement
immediately.
(vi) Any allowance,
penalty, payment for unused leave entitlements, weekly workers’ compensation or
other payment, other than any payments for leave taken in service, to which an
officer is entitled under this Award or any applicable Award, Act or Statute
which is expressed to be determined by reference to an officer’s salary, shall
be calculated by reference to the salary which would have applied to the
officer under Clause 3, Salaries, of this Award, in the absence of the Salary
Packaging Agreement made under this clause.
(vii) Further to the
salary packaging outlined in Premiers Department Circular No. 2002 - 61 Salary
Packaging For Non-SES Employees, the PEO has approved salary packaging of the private
use component of motor vehicles subject to the benefit’s monetary value being
determined in accordance with the methodology applicable to Senior Executive
Service officers under the Public Sector Employment and Management Act
2002.
4a. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries prescribed by Clause 3, Salaries, of this Award, an employee may
elect, subject to the agreement of Treasury, to sacrifice a portion of the
salary payable under the said Clause 3 to additional employer superannuation
contributions. Such election must be
made prior to the commencement of the period of service to which the earnings
relate. The amount sacrificed, together
with any other salary packaging arrangement under clause 4 of this award, must not
exceed fifty (50) per cent of the salary payable under clause 3 or fifty (50)
per cent of the currently applicable superannuable salary, whichever is the
lesser. In this clause,
"superannuable salary" means the employee’s salary as notified from
time to time to the New South Wales public sector superannuation trustee
corporations.
(ii) Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(a) subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYE taxation deductions by the amount of that
sacrificed portion; and
(b) any allowance,
penalty rate, payment for unused leave entitlements, weekly workers’
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
salary which would have been applied to the employee under Clause 3, Salaries,
of this Award, in the absence of any salary sacrifice to superannuation made
under this award.
(iii) The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(a) paid into the
superannuation scheme established under the First State Superannuation Act
1992 as optional employer contributions; or
(b) subject to
Treasury’s agreement, paid into a private sector complying superannuation
scheme as employer contributions.
(iv) Where an
employee elects to salary sacrifice to superannuation in terms of this clause,
Treasury will pay the sacrificed amount into the relevant superannuation fund.
(v) Where the
employee is a member of a superannuation scheme established under:
(a) the Police
Regulation (Superannuation) Act 1906;
(b) the Superannuation
Act 1916;
(c) the State
Authorities Superannuation Act 1987;
(d) the State
Authorities Non-Contributory Superannuation Act 1987; or
(e) the First State
Superannuation Act 1992,
The Treasury will ensure that the amount of any
additional superannuation contributions specified in subclause (viii) above is
included in the employee’s superable salary which is notified to the New South
Wales public sector superannuation trustee corporations.
(vi) Where, prior
to electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with Treasury to have superannuation
contributions made to a superannuation fund other than a fund established under
legislation listed in subclause (xii) above, Treasury will continue to base
contributions to that fund on the salary payable under Clause 3, Salaries, of
this Award, to the same extent as applied before the employee sacrificed
portion of that salary to superannuation. This clause applies even though the
superannuation contributions made by Treasury may be in excess of
superannuation guarantee requirements after the salary sacrifice is
implemented.
5. Dispute Resolution
Procedure
(i) All disputes
or difficulties relating to the provisions of this award shall initially be
dealt with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate Department,
if required.
(ii) An officer is
required to notify (in writing or otherwise) their Director as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter and, if possible, state the remedy sought.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the staff member to advise their
immediate manager, the notification may occur to the next appropriate level of
management, including, where required, to the appropriate Department Head or
Delegate.
(iv) The Director
shall convene a meeting in order to resolve the grievance, dispute or
difficulty within two days, or as soon as practicable, of the matter being
brought to attention.
(v) If the matter
remains unresolved with the Director, the officer may request to meet the
appropriate Executive Director in order to resolve the matter. This manager
shall respond within 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 Secretary, NSW Treasury.
(vi) The Secretary,
NSW Treasury may refer the matter to the PEO for consideration.
(vii) In the event
that the matter remains unresolved, the Secretary, NSW Treasury shall provide a
written response to the member of staff and any other party involved in the
grievance, dispute or difficulty, concerning action to be taken, or the reasons
for not taking action, in relation to the matter.
(viii) An officer may
request to be represented by an Association representative.
(xi) The officer or
Association on their behalf, or the Secretary, NSW Treasury may refer the
matter to the Industrial Relations Commission of New South Wales if the matter
is unresolved following the use of these procedures.
(x) The officer,
Association, Treasury and PEO shall agree to be bound by any lawful
recommendation, order or determination by the Industrial Relations Commission
of New South Wales in relation to the grievance, dispute or difficulty.
(xi) Whilst the
procedures are being followed, normal work undertaken prior to notification of the
grievance or dispute shall continue unless otherwise agreed between the
parties, or in the case of a dispute involving Occupational Health and Safety.
If practicable, normal work shall proceed in such a manner as to avoid any risk
to the health and safety of any officer or member of the public.
6.
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, 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 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:
"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."
7. Savings of Rights
Should there be a variation to the Crown Employees (Public Sector
Salaries - January 2002) Award or an Award replacing that Award, the Technical
Officers covered by this Award 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.
8. Area, Incidence
and Duration
This Award shall apply to all staff employed as Technical
Officers in the Office of Financial Management, New South Wales Treasury.
Technical Officers are entitled to the conditions of
employment provided by this Award and the Public Sector Employment and
Management Act 2002, the Public Sector Management (General) Regulation
1996. The provisions of the Crown Employees (Public Service Conditions of
Employment 2002) Award and the Crown Employees (Public Sector Salaries -
January 2002) Award or any replacement award, also apply to officers covered by
this Award, except where specifically varied by this Award
The salaries rates in Table 1 - Salaries, of Part B,
Monetary Rates, are set in accordance with the Crown Employees (Public Sector
Salaries - January 2002) Award and any variation or replacement Award.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and replaces the Crown Employees
(Technical Officers - Treasury) Award published 14 September 2001 (327 I.G.
910) and all variations thereof.
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 22 June 2004.
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
Classification
|
Per Annum Defined
|
Per Annum Defined
|
Per Annum Defined
|
Per Annum Defined
|
|
Salary Points
|
Salary Points
|
Salary Points
|
Salary Points full
pay
|
|
(effective from
first
|
(effective from
first
|
(effective from
first
|
(effective from
first
|
|
full pay period
after
|
full pay period
after
|
full pay period
after
|
full pay period
after
|
|
1 January 2001
|
1 January 2002
|
1 January 2003
|
1 July2003
|
Technical Officers
|
|
|
|
|
Treasury, Grade 1
|
85,438
|
88,001
|
91,521
|
96,097
|
|
89,248
|
91,925
|
95,602
|
100,383
|
|
93,182
|
95,977
|
99,817
|
104,807
|
|
97,056
|
99,968
|
103,967
|
109,165
|
|
|
|
|
|
Technical Officers
|
98,634
|
101,593
|
105,657
|
110,940
|
Treasury, Grade 2
|
|
|
|
|
|
102,571
|
105,648
|
109,874
|
115,368
|
R. W. HARRISON D.P.
____________________
Printed by the
authority of the Industrial Registrar.