Crown
Employees (Administrative and Clerical Officers - Salaries) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 69 of 2012)
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Before The Honourable
Mr Justice Staff
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11 April 2012
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REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Adjustment
of Salaries
5. Promotion
6. Calculation
of Service
7. Anti-Discrimination
8. Grievance
and Dispute Settling Procedures
9. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Title
This award shall be known as the Crown Employees
(Administrative and Clerical Officers - Salaries) Award 2007.
2. Definitions
"Employee" means all persons permanently or
temporarily employed under the provisions of the Public Sector Employment
and Management Act 2002, who are appointed to positions classified under
this award. It does not include any
person who is engaged in the New South Wales Government Offices in London or
New York or any other office established for identical purposes in a foreign
country, State or Territory by the Government of New South Wales.
"Service" means continuous service.
"Department" means a department of the Public
Service specified in Part 1 of Schedule 1 of the Public Sector Employment
and Management Act 2002.
"Department Head" means the person or office
specified in Column 2 of Schedule 1 of the Public Sector Employment and
Management Act 2002.
Director General means the Director General of the
Department of Premier and Cabinet..
"Association" means the Public Service
Association and Professional Officers Association Amalgamated Union of New
South Wales.
3. Salaries
(a) The salary rates
for employees on the General Scale and on Grades 1 to 12 are set out in Table 1
of Part B, Monetary Rates.
(b) An employee on
the General Scale qualified at Higher School Certificate standard at 19 years of
age is paid at not less the amount set out in Table 1 - Salaries for Clerk
General Scale Step 4.
(c) An employee on
the General Scale at 20 years of age is paid at not less than the amount set
out in Table 1 - Salaries for Clerk General Scale Step 5.
(d) An employee on
the General Scale at 21 years of age is paid at not less than the amount set
out in Table 1 - Salaries for Clerk General Scale Step 6.
(e) Positions are
classified within the General Scale and Grades 1 to 12 in accordance with the
classification and grading system approved by the Director General.
(f) An employee
temporarily employed under the provisions of the Public Sector Employment
and Management Act 2002 is paid the weekly equivalent of the annual salary
prescribed in Table 1.
4. Adjustment of
Salaries
The salaries of employees employed at the operative
date of this award are adjusted to the appropriate scale prescribed by the
award on the basis of years of service in position or grade. Employees are deemed to have the years of service
indicated by the salary received under the scale in force immediately prior to
the operative date of this award.
5. Promotion
Promotion to a grade and from grade to grade is subject
to the occurrence of a vacancy in such grade.
6. Calculation of
Service
In calculating years of service for the purpose of this
award the following periods are not taken into account:
(a) Any period in
respect of which an increment is refused in accordance with clause 16,
Increments, of Part 3, Conditions of Service of the Public Sector Employment
and Management (General) Regulation 1996;
(b) Any leave of
absence without pay exceeding five days in any incremental year;
(c) Any period
necessary to give full effect to a reduction in salary imposed under sections
52 and 48 of Part 2.7, Management of conduct and performance, of the Public
Sector Employment and Management Act 2002.
7.
Anti-Discrimination
(a) 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.
(b) 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.
(c) 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.
(d) Nothing in this
clause is to be taken to affect:
(i) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1977;
(iv) 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.
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) 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."
8. Grievance and
Dispute Settling Procedures
(a) All grievances
and disputes 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.
(b) An employee 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.
(c) 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 employee 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.
(d) The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(e) If the matter
remains unresolved with the immediate manager, the employee 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) working days, or as soon as
practicable. The employee may pursue
the sequence of reference to successive levels of management until the matter
is referred to the Department Head.
(f) The Department
Head may refer the matter to the Director General of the Department of Premier
and Cabinet for consideration.
(g) If the matter remains
unresolved, the Department Head shall provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
(h) An employee, at
any stage, may request to be represented by the Association.
(i) The employee or
the Association on their behalf, or the 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.
(j) The employee,
Association, department and Director General shall agree to be bound by any
order or determination by the New South Wales Industrial Relations Commission
in relation to the dispute.
(k) Whilst the
procedures outlined in subclauses (a) to (j) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any employee or member
of the public.
9. Area, Incidence
and Duration
This award applies to employees defined in clause 2,
Definitions.
Employees are entitled to the conditions of employment
provided by this award and by the Public Sector Employment and Management
Act 2002 and the Public Sector Employment and Management Regulation 2009. The provisions of the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 and Crown Employees (Public Sector -
Salaries 2008) Award or any replacement awards, also apply to employees covered
by this award, except where specifically varied by this award.
The salary rates in Table 1 of Part B, Monetary Rates,
are set in accordance with the Crown Employees (Public Sector - Salaries 2008)
Award and any variation or replacement award.
The changes to the award are made in accordance 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 NSW on 28 April 1999 (310 I.G. 359) to take effect from
11 April 2012.
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
The salary rates are effective from the beginning of
the first pay period to commence on or after 1 July 2011.
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Administrative and Clerical
Officer
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Classification and Grades
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Common
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1.7.11
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Salary Point
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Per annum
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2.5%
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$
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Clerks General Scale
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|
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Clerks General Scale step 1
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4
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25,860
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Clerks General Scale step 2
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6
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29,346
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Clerks General Scale step 3 - 1st year of
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service or 18 years
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7
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31,193
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Clerks General Scale step 4 - Minimum for
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9
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35,345
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- employee with Business
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Administration Certificate III,
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Government Certificate III or equivalent
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at 18 years of age
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- employee with Higher School
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Certificate Qualification at 19 years of age
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Clerks General Scale step 5 - Minimum for:
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11
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37,729
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- employee qualified at Business
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Administration Certificate III,
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Government Certificate III or equivalent
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and is qualified at HSC standard at 17 years of
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age
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- employee 20
years of age
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Clerks General Scale step 6 - Minimum
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17
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40,662
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for employee 21 years of age
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Clerks General Scale step 7
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20
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41,771
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Clerks General Scale step 8
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23
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43,539
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Clerks General Scale step 9
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25
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44,329
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Clerks General Scale step 10
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28
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45,428
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Clerks General Scale step 11
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32
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47,108
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Clerks General Scale step 12
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36
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48,816
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Clerks General Scale step 13
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40
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50,619
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Provided that officers who on 6th December
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-
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52,784
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1979
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were on 14th year of General Scale and paid a
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personal allowance of $417.00 p.a. in terms of
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Circular No 202 of 1979 shall be paid by way
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of allowance above Step 13 of the General
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Scale
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Grade 1
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1st year of service
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46
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53,407
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Thereafter
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49
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54,977
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Grade 2
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1st year of service
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52
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56,509
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Thereafter
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55
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58,060
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Grade 3
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1st year of service
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58
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59,705
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Thereafter
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61
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61,505
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Grade 4
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1st year of service
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64
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63,425
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Thereafter
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67
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65,376
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Grade 5
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1st year of service
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75
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70,480
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Thereafter
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78
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72,702
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Grade 6
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1st year of service
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82
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75,552
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Thereafter
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85
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77,767
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Grade 7
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1st year of service
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88
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80,096
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Thereafter
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91
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82,491
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Grade 8
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1st year of service
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95
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85,928
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Thereafter
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98
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88,660
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Grade 9
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|
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1st year of service
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101
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91,303
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Thereafter
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104
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93,870
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Grade 10
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|
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1st year of service
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108
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97,702
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Thereafter
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111
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100,613
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Grade 11
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1st year of service
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116
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105,602
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Thereafter
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120
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110,079
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Grade 12
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1st year of service
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126
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116,974
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Thereafter
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130
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122,128
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C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.