Employees (Senior Officers Salaries) Award 2012
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 78 of 2012)
Before The Honourable
Mr Justice Staff
27 March 2012
Clause No. Subject Matter
and Dispute Settling Procedure
6. Savings of
Incidence and Duration
Table 1 - Salaries
This Award shall be known as the Crown Employees
(Senior Officers Salaries) Award 2012.
"Act" shall mean the Public Sector Employment
and Management Act 2002.
"Award" shall mean this Crown Employees
(Senior Officers Salaries) Award 2012.
"Association" shall mean the Public Service
Association and Professional Officers' Association Amalgamated Union of New
"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
"Director-General, Department of Premier and
Cabinet is as established under the Public Sector Employment and Management Act
(i) All officers
will be paid in accordance with the salary structure as set out in Table 1 -
Salaries, of Part B, Monetary Rates.
(ii) Pay movements
within each grade will be incremental (12 months) subject to satisfactory
conduct and service.
(iii) There is to be
no broadbanding of grades.
4. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
An officer may elect, subject to the agreement of the
Department or agency, to enter into a Salary Packaging Arrangement in
accordance with the provisions of Clause 5 of the Crown Employees (Public
Sector - Salaries 2008) Award or any variation or replacement Award.
5. Grievance and
Dispute Settling Procedures
(i) 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.
(ii) An officer 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 officer 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.
(iv) 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.
(v) If the matter
remains unresolved with the immediate manager, the officer 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 officer may pursue the sequence of reference to successive
levels of management until the matter is referred to the Division Head.
(vi) The Department
Head may refer the matter to the Director-General, Department of Premier and
Cabinet for consideration.
(vii) If the matter
remains unresolved, the Division Head shall provide a written response to the
officer 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.
(viii) An officer, at
any stage, may request to be represented by the Association.
(ix) The officer or
the Association on their behalf, or the Division Head may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
(x) The officer, Association,
Division Head and Director-General, Department of Premier and Cabinet shall
agree to be bound by any order or determination by the New South Wales
Industrial Relations Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) 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 officer or member
of the public.
6. Savings of Rights
(i) At the time of
the making of this Award, no officer covered by this Award will suffer a reduction
in his or her rate of pay or any loss or diminution in his or her conditions of
employment as a consequence of the making of this Award.
(ii) Should there
be a variation to the and Crown Employees (Public Sector - Salaries 2008) Award
or an Award replacing that Award, Senior Officers 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.
(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
(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
(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
(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."
8. Area, Incidence
(i) This award
shall apply to all Senior Officers of the New South Wales Public Service.
(ii) Officers 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) Award 2009 and Crown Employees (Public Sector - Salaries 2008)
Award or any replacement awards, also apply to officers covered by this award,
except where specifically varied by this award.
(iii) 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 27 March 2012.
Changes made to this award subsequent to it first being
published on (364 I.G. 43) have been incorporated into this award as part of
The award remains in force until varied or rescinded,
the period for which it was made having already expired.
Table 1 - Salaries
Senior Officer Classification
First pay period to
on or after 1/7/11
G. STAFF J.
the authority of the Industrial Registrar.