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New South Wales Industrial Relations Commission
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Crown Employees (Senior Officers Salaries) Award 2012
  
Date07/27/2012
Volume373
Part1
Page No.129
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C7838
CategoryAward
Award Code 1295  
Date Posted07/25/2012

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(1295)

(1295)

SERIAL C7838

 

Crown Employees (Senior Officers Salaries) Award 2012

 

INDUSTRIAL RELATIONS 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

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.       Subject Matter

 

1.        Title

2.        Definitions

3.        Salaries

4.        Salary Packaging Arrangements

5.        Grievance and Dispute Settling Procedure

6.        Savings of Rights

7.        Anti-Discrimination

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 (Senior Officers Salaries) Award 2012.

 

2.  Definitions

 

"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 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.

 

"Director-General, Department of Premier and Cabinet is as established under the Public Sector Employment and Management Act 2002.

 

3.  Salaries

 

(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.

 

7.  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."

 

8.  Area, Incidence and Duration

 

(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 review.

 

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

 

Senior Officer Classification

 

Classifications and Grades

First pay period to commence

 

on or after 1/7/11

 

Per Annum

 

$

Grade 1

 

Year 1

136,651

Year 2

147,245

Grade 2

 

Year 1

149,737

Year 2

160,294

Grade 3

 

Year 1

165,658

Year 2

181,844

 

 

 

 

C. G. STAFF  J.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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