Employees (Major and Community Events Reassignment) Award
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 72 of 2012)
Before The Honourable
Mr Justice Staff
11 April 2012
Clause No. Subject Matter
by the Parties
8. Nature of
9. Right of
Return and Continuity of Employment
to Relevant Awards
11. Rates of
of Home Agency Flexitime and Other Similar Arrangements
14. Rest Breaks
and Accrued Attendance Entitlements
15. Time Off In
16. Sick Leave,
Family and Community Service Leave and Other Paid Leave
Issues and Record of Attendance
Travelling Time and Travelling Allowances
and Disciplinary Policy
Health and Safety
Incidence and Duration
Appendix A - List of Agencies
Appendix B - Grievance Procedure
Schedule 1 - Major and Community Events to which this
This Award will be known as the Crown Employees (Major and
Community Events Reassignment) Award.
3.1 The Parties to
the Award are:
Department of Premier and Cabinet;
(ii) All agencies
referred to in Appendix A;
(iii) Public Service
Principal Departments listed in Schedule 1 to the Act;
Authorities listed in section 133 of the Act, except for the State Rail
Authority of New South Wales and the State Transit Authority of New South
(v) Unions NSW on
behalf of affiliated unions;
(vi) Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales (PSA);
Food, Metals, Engineering, Printing and Kindred Industries Union, New South
Wales Branch; and
(viii) The organiser
of the Major and Community Events specified in Schedule 1 of this Award as
varied from time to time.
"Act" means the Public Sector Employment
and Management Act 2002, as amended.
"Agency" means those NSW Government
(i) listed in
Schedule 1 to the Act; or
(ii) listed in
section 133 of the Act except for the State Rail Authority of New South Wales
and the State Transit Authority of New South Wales; or
(ii) listed in
"Major and Community Event" means an event
set out in Schedule 1 to this Award as varied from time to time.
"Organiser of the Major and Community Event"
means the body organising the relevant Major and Community Events as set out in
Schedule 1 to this Award as varied from time to time.
"Home agency" means the agency employing the
"Ordinary working hours" means the number of
ordinary working hours set by the staff member’s relevant Award.
"Reassignment period" means the period specified
for the operation of a Major and Community Event as set out in Schedule 1 to
this Award as varied from time to time, or some other time agreed on an
individual basis, during which a staff member may be reassigned.
"Reassignment/reassigned" means where a staff
member has volunteered to undertake duties for a Major and Community Event as
directed by the organiser of the Major and Community Event.
"Relevant Award" means the Award or other
industrial instruments applying to the staff member’s contract of service or
employment in their home agency.
"Staff member" means an employee of a home
agency who has volunteered for reassignment to a Major and Community Event.
By the Parties
5.1 The parties
agree that reassignment is voluntary and is subject to an expression of
interest by the staff member and the approval by the home agency, which is to
be based on the home agency’s operational and service requirements and
efficient use of resources. Staff
members shall not be forced to undertake reassignment.
5.2 The parties
acknowledge that the arrangements contained in this Award may vary the normal
working arrangements and conditions which may otherwise have applied to staff
members had they not been reassigned.
5.3 The parties acknowledge
that future Major and Community Events will arise and appropriate variations
will be made to Schedule 1 of this Award to facilitate reassignment of staff to
5.4 The parties
agree that the arrangements contained in this Award recognise the need for
equity, fairness, flexibility and transparency in dealing with staff
6.1 The organiser of
the Major and Community Event will consult with the parties to this Award, (in
relation to Union parties either directly or through Unions NSW) in relation to
requirements for staff and how staff will be managed, including hours of work,
duties and remuneration.
7.1 This Award
applies to a staff member employed by or in an agency who is reassigned to a
Major and Community Event in accordance with this Award but does not include a
staff member employed under the Education (School Administrative and Support
Staff) Act 1987 or those staff covered under the Crown Employees (Teachers
in Schools and Related Employees) Salaries and Conditions Award 2009; and the
Crown Employees (Teachers in TAFE and Related Employees, Bradfield College and
Teachers in TAFE Children's Centres) Salaries and Conditions Award 2009 other
than non school based teaching service staff and those TAFE Related Employees
not entitled to agreed weeks of paid non attendance.
arrangements to which this Award applies are:
(iii) long term
temporary staff employed under section 27 of the Act, where there is a
continuing relationship that amounts to an ongoing or continuing contract of
employment for a period beyond the expiry of the relevant Major and Community
8. Nature of
8.1 At all times
during a period of reassignment the staff member will remain the employee of
the home agency but will be subject to the control and direction of the
organiser of the Major and Community Event while on reassignment.
8.2 To volunteer for
reassignment, a staff member is to express an interest in reassignment in
accordance with procedures established by the Department of Premier and
8.3 The approval of
the home agency to a staff member being reassigned is subject to the service delivery
needs of the home agency at the time of reassignment.
will be for a specified term. The minimum duration will be ten working days or
as otherwise agreed between the staff member, the organiser of the Major and
Community Event and the home agency.
8.5 A staff member
may be reassigned during the reassignment period at any time and on any number
of occasions, which may vary in duration.
8.6 Reassignment may
extend to times outside the reassignment period, as agreed between the staff
member, the home agency and the organiser of the Major and Community Event on a
case by case basis.
8.7 While it is
expected that the staff member, having volunteered for reassignment, will
remain with the Major and Community Event for the agreed time, it is recognised
that the staff member may terminate the reassignment and return to their home
agency, but will do so in accordance with clause 19 of this Award.
9. Right of Return
and Continuity of Employment
9.1 A staff member
who has been reassigned is entitled at the end of the reassignment to return to
the position and salary level in the home agency occupied substantively by the
staff member immediately before the reassignment. Thereafter the usual staff establishment management arrangements
of the home agency apply to the staff member.
9.2 Nothing in
relation to reassignment will affect the staff member’s continuity of service,
process for termination of service, or other employment rights with the home
10. Relationship to
10.1 It is the
intention of the parties that the staff member’s relevant Award will continue
to apply while the staff member is on reassignment. However, where this Award varies or replaces arrangements in the
staff member’s relevant Award, the provisions in this Award are to apply.
11. Rates of Pay
11.1 The Staff
Member’s Rate of Pay While the Staff Member is on Reassignment Will be the Rate
of Pay They Would Have Received in Their Home Agency Had They Not Been
11.2 The nominal grading
given to a position by the organiser of the Major and Community Event is
indicative of the level from which staff seeking reassignment might be drawn.
It will not entitle a staff member to higher pay nor operate to reduce a staff
member’s normal rate of pay.
11.3 The rate of pay
is to include any shift penalties and other allowances in the nature of salary
which the staff member would have been entitled to receive had the staff member
not been reassigned.
11.4 Where there is any
doubt as to the shift penalties that the staff member would have been entitled
to receive, the average of the last 4 week rostered period, not including any
period of annual or other leave, will be used.
11.5 The staff
member’s rate of pay will apply to all reassignment work, irrespective of the
duration, the time of day or day of the week worked.
11.6 A staff member
who is a shift worker will not be paid shift penalty rates based on any shift
rosters applying to the reassigned work.
11.7 A staff member
who is not a shift worker will not receive payment of shift penalty rates for
any shift rosters applying to the reassigned work.
12. Suspension of
Home Agency Flexitime and Other Similar Arrangements
12.1 A staff member’s
entitlements under flexible working hours (flexitime), fortnightly or monthly
rostered days off or any other work attendance arrangement operating in the
staff member’s home agency will be suspended for the duration of the staff
member’s reassignment. All entitlements
and associated balances will be preserved until the staff member returns from
reassignment. The home agency is to
implement an appropriate extension of time for the staff member to access
entitlements and clear associated balances after reassignment.
12.2 Accrued flex
leave, banked time, accrued days off or rostered days off entitlements, which
may have accrued to the staff member under a work attendance arrangement, will
not be available during reassignment unless there is prior agreement between
the staff member, the home agency and the organiser of the Major and Community
Event. Otherwise, the entitlement to
access these accruals will be preserved until the staff member returns from
NOTE: Working hours arrangements during reassignment
may allow staff to use hours worked in excess of the staff member’s ordinary
working hours towards additional days off duty, as provided in subclauses 14.4
and 14.5 of this Award.
13. Working Hours
13.1 For the purpose
of this Award, the ordinary working hours of a staff member while on
reassignment will be the weekly equivalent of the ordinary working hours set by
the staff member’s relevant Award.
13.2 Fixed starting
and finishing times or other standard hours arrangements are not provided by
13.3 The number of
hours worked by a staff member on reassignment may vary from the staff member’s
ordinary working hours. Additional
hours worked outside the staff member’s ordinary hours of work and on weekends
may be anticipated.
13.4 Daily hours will
be agreed between the organiser of the Major and Community Event and the staff
member having regard to the Major and Community Event's needs. A staff member
will not be required to work daily hours of more than 12 hours inclusive of all
meal breaks, or no less than four hours duration unless agreed by the staff
13.5 A staff member
may refuse to work additional hours in circumstances where the working of such
hours would result in the staff member working unreasonable hours. In determining what is unreasonable the
following factors shall be taken into account:
(1) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
(2) any risk to staff
member health and safety;
(3) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services;
(4) the notice (if
any) given by the organiser of the Major and Community Event regarding the
working of the additional hours, and by the staff member of their intention to
refuse the working of additional hours; or
(5) any other
practicable, daily hours shall be in accordance with the staff member’s letter
of appointment. Where daily hours or the days on which work is to be performed
are modified, the organisers of the Major and Community Event will, where
practicable, give seven days notice of the change.
13.7 A staff member
who is reassigned will record the working hours they are directed to work in a
record of attendance. The accurate completion of the record of attendance is
the joint responsibility of the organiser of the Major and Community Event and
the staff member. The organiser of the Major and Community Event will forward
the record of attendance to the home agency on a monthly basis.
13.8 Ordinary hours of
work and hours worked in excess of ordinary hours recorded in the record of
attendance will be monitored by the home agency. Staff members and the
organiser of the Major and Community Event will encourage the use of additional
hours worked in accordance with subclauses 14.4 and 14.5 (i.e. additional days
off duty) of this Award.
14. Rest Breaks and
Accrued Attendance Entitlements
14.1 A staff member
will not be required to work more than five hours without the provision of a 30
minute unpaid meal break. A staff member will not be required to work more than
nine hours without the provision of a 30-minute paid crib break.
14.2 A staff member
must have a break of at least eight hours between the completion of one shift
and the commencement of the next, and at least ten hours where the staff member
is required to work a shift of ten hours or more.
14.3 A staff member
will be rostered off for a minimum of eight days per 28 day period and as far
as is practicable, rostered days off should be taken in lots of 2 consecutive
14.4 Subject to the
operational needs of the organiser of the Major and Community Event, a staff
member may take one additional rostered day off per 28 days utilising hours
worked in excess of the staff member’s ordinary working hours. Hours used to
take an additional rostered day off shall be deducted from the time accrued
towards time off in lieu as specified in this Award.
14.5 Every effort will
be made by the parties to utilise hours worked in excess of a staff member’s
ordinary working hours during the period of reassignment, so as to limit the
accrual of time off in lieu.
15. Time Off in Lieu
15.1 Staff members
eligible for paid overtime in accordance with their home agency Award may
access TOIL as set out in this Award.
15.2 TOIL shall be
granted for hours that a staff member is directed to work in excess of the
staff member’s ordinary working hours. Overtime will not be paid in respect of
any hours worked.
15.3 TOIL shall be
calculated on the total hours actually worked over the whole period or periods
15.4 If a staff member
works hours in excess of their total ordinary working hours across the period
or periods of reassignment, TOIL will accrue on an hour for hour basis up to
the equivalent of 5 hours per week over the period of the reassignment, i.e., a
total period of reassignment of 20 weeks allows for a maximum of 100 hours at
time for time. TOIL will accrue at the rate of time and one half for all
additional hours thereafter.
15.5 The number of
hours accruing towards TOIL on an hour for hour basis will be reviewed prior to
any variation to Schedule 1 of this Award to add further Major and Community
15.6 TOIL accrued
during reassignment will be calculated by the staff member’s home agency at the
end of the reassignment or at the end of the reassignment period based on
15.7 The giving and
taking of TOIL is a mutual responsibility and cannot be unreasonably refused to
be given by the home agency or refused to be taken by the staff member.
15.8 TOIL will be
available to the staff member upon return to their home agency for a period of
12 months. Home agencies will put in place arrangements to allow staff to
exhaust TOIL within this period.
15.9 An extension of
up to 6 months may be negotiated between a staff member and the home agency to
clear a time in lieu balance.
15.10 A staff member
may be directed to take TOIL to exhaust the entitlement within the timeframes
specified in the Award. A staff member refusing to take TOIL as directed will
not be entitled to claim hours worked.
15.11 If TOIL accruals
are unable to be cleared within the times specified in this Award even though
all reasonable efforts have been made by the home agency and the staff member
to do so, the remaining accrued hours will be paid out by the home agency at
15.12 A staff member
will retain their entitlement to TOIL under this Award in the same manner as is
provided for cross-public sector leave arrangements in Division 2 of Part 3.2
of the Act.
16. Sick Leave,
Family and Community Service Leave and Other Paid Leave
16.1 Sick Leave,
Family and Community Service Leave or other emergency leave, and other paid
leave to which the staff member is entitled pursuant to their Award or public
sector policy arrangement, will continue to be available during reassignment.
The requirements of the relevant Award for the taking of such leave, such as
the production of a medical certificate, will apply.
16.2 Planned leave
approved by the home agency may intervene during a staff member’s reassignment,
but would be subject to the organiser of the Major and Community Event agreeing
to the leave prior to reassignment.
16.3 Unplanned leave
taken during reassignment, such as sick leave, will require the staff member to
notify the organiser of the Major and Community Event as soon as possible of
their inability to attend work and the duration that they are likely to be
16.4 A staff member
will submit a leave form to the organiser of the Major and Community Event for
all leave taken. Forms will be forwarded
to the home agencies as soon as practicable.
The duration of any unplanned leave will be recorded in the staff
member’s record of attendance and forwarded to the home agency on a monthly
16.5 If the staff
member indicates to the organiser of the Major and Community Event that the
unplanned leave will be for a period of 10 days or more, the organiser of the
Major and Community Event may terminate the reassignment and notify the staff
member. The Major and Community Event is to notify the home agency immediately
and the staff member is to resume work with the home agency.
16.6 A staff member
whose reassignment has been terminated under these circumstances will be
entitled to seek further reassignment upon their return to their home agency.
17. Payroll Issues
and Record of Attendance
17.1 All payroll
issues will remain the responsibility of the home agency for the duration of
17.2 The staff member
will continue to receive their pay, as provided in clause 11 of this Award,
during the reassignment period from the home agency.
17.3 The organiser of
the Major and Community Event and the staff member are responsible for
maintaining a record of attendance, including the days and hours of work and
leave of absence for any reason. The organiser of the Major and Community Event
will provide the record of attendance to the home agency on a monthly basis.
Travelling Time and Travelling Allowances
18.1 If a staff member
ceases or commences a shift after 8.00 pm and public transport or any other
normal means of transport is not reasonably available, then in consideration of
the staff member’s safety, the organiser of the Major and Community Event may
provide transport or make other transport arrangements to or from home, which
may include the use of a taxi for that part of the journey for which public
transport is not available.
18.2 In recognition of
the voluntary nature of reassignment, no additional compensation will be
provided for additional travel between a staff member’s home and place of work
with the Major and Community Event, compared with a staff member’s home and
their home agency.
allowances and compensation will not be paid where reassigned staff perform
duties at a temporary work location. The organisers of the Major and Community
Event will meet all reasonable costs associated with travel, overnight
accommodation and meals.
18.4 For the purpose
of subclause 18.3 a temporary work location is any work location apart from
that initially nominated by the organiser of the Major and Community Event as
the normal work location.
19. Termination of
19.1 The reassignment
may be terminated by:
(ii) the staff
(iii) the organiser of
the Major and Community Event; or
(iv) the operation of
clause 16, Sick Leave, Family and Community Service Leave and Other Paid Leave.
19.2 Fourteen days
notice is required unless some other time is agreed.
19.3 The organiser of
the Major and Community Event is required to notify the home agency of the
termination of the reassignment and the date on which the staff member will
19.4 A staff member
will return to their home agency upon the termination of the reassignment.
20. Grievance and Disciplinary
20.1 All grievances
and disputes relating to the provisions of this award during the period of
reassignment shall be initially dealt with as close to the sources as possible,
with graduated steps for further attempts at resolution at higher levels of
authority within the organiser of the Major and Community Event, if required.
20.2 Steps taken shall
be in accordance with the procedure detailed in Appendix B.
20.3 Where the
grievance concerns occupational health and safety or discrimination and
harassment, the staff member will advise the home agency and the matter will be
dealt with in accordance with the procedure in Appendix B or the policy and
procedures that apply in the home agency. Where such a grievance or dispute
arises, home agencies shall take all reasonable steps to resolve the grievance
in consultation with the organiser of the Major and Community Event.
20.4 The organiser of
the Major and Community Event will notify the home agency in the case of any
disciplinary matter and it shall be dealt with in accordance with the policy
and procedures that apply in the home agency.
21. Work Health and
21.1 Staff reassigned
to a Major and Community Event are required to comply with any risk assessment
and management plan implemented by the organiser of the Major and Community
Event in accordance with Work Health and Safety requirements.
21.2 The organiser of
the Major and Community Event will comply with all Work Health and Safety
22.1 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.
22.2 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 the effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provisions of the Award, which by its terms of operation, has a direct
or indirect discriminatory effect.
22.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise a staff member because the staff
member has made or may make or has been involved in a complaint of unlawful
discrimination or harassment.
22.4 Nothing in this
clause is to be taken to effect:
(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
22.5 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.
(a) Employers and staff
members may also be subject to Commonwealth anti-discrimination legislation.
(b) 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."
23. Area, Incidence
24.1 This Award shall
apply to staff members employed in Agencies who are reassigned to Major and
Community Events in accordance with this Award.
24.2 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 11 April 2012.
24.3 Changes made to
this award subsequent to it first being published on 15 May 2009 (367 I.G.
1566) have been incorporated into this award as part of the review.
24.4 The award remains
in force until varied or rescinded, the period for which it was made having
List of Agencies
Health Professionals Registration Boards
Parliament of New South Wales
NSW Police Force
State Water Corporation
(i) All grievances
and disputes relating to the provisions of this Award will 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 organiser of the
appropriate Major and Community Event, if required.
(ii) 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.
(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 Head of the organiser of the Major
and Community Event.
(iv) The immediate
manager, or other appropriate officer, will convene a meeting in order to
resolve the grievance, dispute or difficulty within two working days, or as
soon as practicable, of the matter being brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager will respond within two working days or as soon as
practicable. This sequence of reference to successive levels of management may
be pursued by the staff member until the matter is referred to the Head of the
Major and Community Event.
(vi) The Head of the
organiser of the Major and Community Event may refer the matter to the
Director-General, Department of Premier and Cabinet for consideration.
(vii) If the matter
remains unresolved, the Head of the organiser of the Major and Community Event
will provide a written response to the staff member and any other party
involved in the grievance, dispute or difficulty, concerning the action to be
taken, or the reason for not taking action, in relation to the matter.
(viii) A staff member,
at any stage, may request to be represented by their union.
(ix) The staff
member or the union on their behalf, or the Head of the organiser of the Major
and Community Event may refer the matter to the NSW Industrial Relations
Commission (the Commission) if the matter is unresolved following the use of
(x) The staff
member, union, Head of the organiser of the Major and Community Event and the
Director-General, Department of Premier and Cabinet will agree to be bound by
any order or determination by the Commission in relation to the dispute.
(xi) While the
procedures outlined in (i) to (x) above are being followed, normal work
undertaken prior to notification of the dispute or difficulty will continue
unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work will proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public.
Major and Community Events to which this Award applies
Major and Community
Organiser of the
Major and Community Event
G. STAFF J.
the authority of the Industrial Registrar.