Employees (Transferred Employees Compensation) Award
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 82 of 2012)
Before The Honourable
Mr Justice Staff
27 March 2012
Clause No. Subject Matter
2. Parties to
3. Intent and
5. Notice of
and Meal Expenses
Accommodation Benefits - Commercially Rented
Accommodation Benefits - Privately Rented
10. Removal and
and Disturbance Allowance
of Transaction Expenses
of Incidental Costs
and Death Benefits
and Dispute Settling Procedures
Incidence and Duration
2. Parties to the
The parties to this award are:
Director-General, Department of Premier and Cabinet, and
Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
3. Intent and
3.1 The intent of
the parties to this award is to provide reimbursement towards expenses of staff
members transferred to work in a new location which, by necessity of that
transfer, requires them to relocate their principal place of residence in
accordance with the decision of Boland J, President of 17 September 2008 in
matters nos. IRC 445 and 879 of 2008.
3.2 Where an
existing or a new staff member is otherwise ineligible for the benefits of this
award a Division Head may offer in writing to the new or existing staff member
any or all of the benefits available under this award on recruitment or
appointment as part of an attraction and retention measure. The benefits must be clearly detailed in
writing at the time of appointment.
Such offers may also be made to temporary staff members.
3.3 Where two staff
members who cohabit relocate together to the same location, reimbursement of
expenses must not be claimed twice eg conveyance and stamp duty. Where
applicable, both may claim the leave concessions.
shall mean the Public Service Association and the Professional Officers’
Association Amalgamated Union of New South Wales.
Head" is as defined in the Public Sector Employment and Management Act
Department" is as defined in the Public Sector Employment and Management
Department of Premier and Cabinet " is as defined in the Public Sector
Employment and Management Act 2002.
means a person who lives in the principal place of residence of the member of
staff and who is wholly or in part dependent on the staff member for support.
rent" is rent which is paid for a private rental property in a new
location which is above the affordable rate for the staff member as defined in
clause 9, Temporary Accommodation Benefits - Privately Rented of this award.
member" is as defined in clause 81, Sick Leave to Care for a Family Member
of the Crown Employees (Public Service Conditions of Employment) Award 2009.
or "reimbursed" means payment of an expense by the employer which is
actually incurred by the staff member, which the Department Head is satisfied
is reasonable, and for which adequate evidence is produced by the staff
member" means an officer or departmental temporary employee as defined in
the Public Sector Employment and Management Act 2002.
Employee" means a staff member who has been assigned to a new location and
who, as a consequence of such assignment, finds it necessary to leave their
existing residence and seek or take up a new residence, but shall not include a
staff member transferred:
(a) at own request;
(b) who has applied
for a position and obtained it through a merit selection process; or
(c) under an
arrangement between officers to exchange positions; or
(d) who can
reasonably commute to the new location; or
(e) where the old
location and the new location are part of the metropolitan area i.e. the
Central Coast on the Northern Line as far as Gosford, the area on the Western
Line as far as Mt Victoria and on the Illawarra Line as far as Wollongong; or
(f) on account of
unless the Division Head otherwise approves.
5. Notice of Transfer
Division Head will give, in writing, as long a period of notice of transfer as
is practicable. A transferred employee will not be transferred with less than
ten working days notice in writing except in special or urgent circumstances.
employees will be given special leave of up to five working days as necessary
to carry out any of the following activities:
6.1.1 Visit the new
location to obtain accommodation
6.1.2 Prepare and pack
personal and household effects prior to removal
6.1.3 Arrange storage
6.1.4 Travel to the new
location for the purpose of commencing duty
6.1.5 Clean the
premises being vacated
6.1.6 Occupy and settle
into the new premises.
6.2 If satisfied
that the activities referred to above cannot be completed within five working
days, the Division Head may grant additional special leave, as considered
6.3 Subject to
operational requirements, where a transferred employee has not been able to
secure permanent accommodation at the new location, the transferred employee
will be entitled to special leave for the amount of time required to travel to
and from their home to enable the transferred employee to spend two consecutive
days and nights at home each four weeks. Where a public holiday occurs
immediately before or after such leave, the leave will be extended by a day and
a night for each such public holiday.
6.4 Where this is not
practical due to the distance home, a transferred employee will accumulate two
days special leave per four weeks until a return home is practical. This leave
will be taken at a time suitable to the Division Head and the transferred
7. Travelling and
7.1 A transferred
employee shall be entitled to an economy air fare or reimbursement for the use
of a private vehicle paid at the casual rate for motor vehicle allowances as
set out in the Crown Employees (Public Service Conditions of Employment) Award
2009, on the following basis:
7.1.1 For the
transferred employee and one member of the household to travel to the new
location to seek accommodation.
7.1.2 For the
transferred employee and all members of the household to travel to the new
location to commence duty. Where the members of the household do not travel
with the transferred employee to commence duty the cost of their personal
transport will be deferred until such time as they travel to take up residence
at the new location.
7.1.3 For the
transferred employee proceeding on special leave under subclauses 6.3 and 6.4
of clause 6, Leave of this award.
7.2 Where a
transferred employee elects to use a private vehicle the motor vehicle
allowance shall not exceed the equivalent cost of economy air fares.
employees travelling to the new location to commence duty who elect to use a
private vehicle shall be paid at the official business rate.
7.4 When a
transferred employee, travels to the new location to seek new accommodation he
or she will be reimbursed for overnight accommodation and meals for the journey
to and from the new location for two people under clause 26, Travelling
Compensation of the Crown Employees (Public Service Conditions of Employment)
Accommodation Benefits - Commercially Provided
accommodation benefits will be reimbursed for a period of up to four weeks to
transferred employees who are relocated and use commercially provided
accommodation such as a hotel. Such
benefits are available in three forms:
employees without dependant relatives will be reimbursed up to 50% of the cost
of accommodation provided that the total amount to be reimbursed does not
exceed $254 per week.
employees with dependant relatives will be reimbursed up to a maximum of $254
per week plus an additional $27 for each dependant child 6 years and over (max.
contribution $54 per week), where the cost of accommodation exceeds the amount
calculated in the following table:
Salary of Transferred Employee and Spouse
Each Dependant Child 6 yrs of age and over
(max. contribution $54 per week)
$ per annum
$ per week
$ per week
Up to 28,233
28,234 to 35,980
35,981 to 46,258
46,259 to 59,477
59,478 and over
8.1.3 A transferred
employee required to move to the new location ahead of the dependants will be reimbursed
up to a maximum of $254 per week, providing the cost of accommodation is in
excess of $51 per week.
8.2 To be eligible
for any Temporary Accommodation Benefit a relocated transferred employee is, by
necessity, required to vacate the existing residence prior to departure for the
new location and secure board and lodging (including for dependants, where
applicable) at the new location pending a residence becoming available.
8.3 This clause will
not apply to Government-owned residences.
8.4 Where the period
of four weeks referred to in subclause 8.1 of this clause is not sufficient for
the transferred employee to obtain suitable permanent accommodation, the
Division Head will consider each case on its merits but will require full
particulars to be supplied.
Accommodation Benefits will not be paid to more than one person per household.
8.6 The Department
Head will discontinue payment of Temporary Accommodation Benefits if satisfied the
transferred employee has rejected suitable accommodation.
Accommodation Benefits - Privately Rented
9.1 Where a
transferred employee secures privately rented accommodation (eg a private
house) at his or her new location and incurs excess rent then the transferred
employee shall receive assistance as per the table below:
Officer with 2 or more dependant children
$68 per week
Officer with 1 dependant child
$59 per week
Officer without dependant children
$51 per week
9.2 The formula for
excess rent is as follows.
Excess rent in respect of any transferred employee
means rent in excess of the staff member’s weekly contribution calculated as
"Staff member’s weekly contribution" shall be
the "Contribution" as above multiplied by 7 and divided by 365.25
The formula for calculating a staff member’s weekly
contribution is based on:
(a) 15% of the salary
of a General Scale Clerk, Step 10 A&C
(b) 20% of the
salary of Clerk, min. Grade 4 A&C
(c) 25% of the
salary of Clerk, min. Grade 7 A&C
In the event of movement in the salaries for these
classifications in the Crown Employees (Administrative and Clerical Officers -
Salaries) Award, the formula will be varied as follows:
replacing the figure of 101,840 by ten times the
difference between the salaries for the Step 10 of the General Scale and for
the minimum of Grade 7, A&C and,
replacing the figure of 2,927 by the difference between
the salary for the Step 10 of the General scale and 15% of the figure referred
9.3 Division Heads
may require transferred employees to show evidence of difficulties in obtaining
cheaper private accommodation, including the provision by a transferred
employee of a statutory declaration.
9.4 In exceptional
circumstances, Division Heads may extend excess rent payments beyond six
months, including in areas where there is an acute shortage of housing of a
reasonable standard, and areas experiencing extremely high rents due to
conditions which are abnormal compared with those generally in New South Wales.
10. Removal and
10.1 A transferred
employee shall be entitled to reimbursement for the costs incurred in removing
personal and household effects to the new location, including:
reasonably incurred by transferred employees and their families for meals and
accommodation during the course of the journey.
10.1.2 Cost of
transporting a second vehicle by either rail, road transport or driving (motor
vehicle allowance to be paid at the casual rate) to the transferred employee’s
10.1.3 Cost of insuring
furniture and effects whilst in transit up to an amount of $38,000. If the insured amount exceeds that amount,
the case may be referred to the Division Head for consideration.
10.1.4 An advance payment
to cover the whole or part of the removal expenses provided that the
transferred employee repays any unused portion within one month of incurring
the cost of removal, unless the Division Head otherwise approves.
10.1.5 Meal and
accommodation expenses reasonably incurred where, due to circumstances beyond the
control of the transferred employee, the furniture and household effects arrive
late at the new location, or are moved before the transferred employee’s
departure from the former location.
10.2 Where the
Division Head is satisfied that a transferred employee is unable to secure
suitable accommodation at the new location and is required to store furniture,
reimbursement for the cost of transport and storage will be made. The
transferred employee shall also be allowed the cost of insurance of furniture while
in storage on the same basis as prescribed in paragraph 10.1.3 of this clause.
11. Depreciation and
11.1 Where the
Division Head is satisfied that the transferred employee has removed a
substantial portion of the household’s furniture, furnishings and fittings, the
transferred employee will be paid a Depreciation and Disturbance Allowance of
$1,126 compensation for the accelerated depreciation of personal and/or
household effects to the value of $7,037 or pro rata if the value is less.
12. Education of
12.1 A transferred
employee will be reimbursed for accommodation expenses exceeding $27 per week,
up to a maximum of $56 per week, for each dependant child undertaking Year 12
where the elected subjects are not available at a school in the transferred
employee’s new location. The transferred employee will be required to provide a
certificate from the Department of Education and Communities confirming that
the elected subjects are not available at the transferred employee’s new
12.2 A transferred
employee will be reimbursed costs for the replacement of essential school
clothing and ancillary items for each dependant child required to change
schools as a result of the staff member’s transfer from the former location to
the new location subject to advice from the new school.
13. Reimbursement of
13.1 A transferred
employee who sells a residence at the former location and buys a residence (or
land upon which to build a residence), as a result of the transfer to the new
location, will be reimbursed for Transaction Expenses.
13.2 Such Transaction
Expenses will include:
13.2.1 Professional costs
and disbursements of a solicitor or registered conveyancing company;
13.2.2 Stamp duty on the
13.2.3 Real estate agent
commission on the sale of former residence;
13.2.4 Registration fees
on transfers and mortgages on the residence, or the land and a house erected on
13.2.5 Stamp duty paid in
respect of any mortgage entered into or the discharge of mortgage in connection
with transactions for the sale and purchase.
expenses will only be paid where the sale and purchase are completed up to 2
years after any relocation.
13.4 Other than for
stamp duty as detailed in subclause 13.5 of this clause, a maximum property
value of $520,000 per property for sale and purchase will determine the limit
of Transaction Expenses paid to a transferred employee.
13.5 Stamp duty will
be paid in full where occupation of the residence occurs within fifteen months
from the date of commencement at the new location. Where occupation of the
residence occurs after 15 months but within 2 years from the date of
commencement at the new location, reimbursement of stamp duty will not exceed
the property value of $520,000.
Expenses will be paid where the sale and purchase transactions are completed no
earlier than 6 months prior to commencing work at the new location.
13.7 The Division Head
may consider payment of transaction expenses on a sale and/or purchase of a
residence more than 2 years after relocation, if satisfied there is good
reason. The transferred employee must
provide full details of why the sale and/or purchase could not be completed
within the 2 year period.
13.8 A transferred
employee who does not sell a residence at the former location, but buys a
residence at the new location (or land upon which to build a residence), shall
be entitled to reimbursement for Transaction Expenses outlined in this clause,
provided the transferred employee enters into occupation within 15 months of
transfer to the new location.
14. Reimbursement of
14.1 The transferred
employee will receive reimbursement for the following Incidental Costs of
14.1.1 Council rates and
charges levied upon an unsold former residence for any period during which the
former residence remains untenanted to allow the sale of the property of the
relocating transferred employee;
14.1.2 Gas and
electricity connection costs to the new residence, and telephone connection
provided the telephone was connected at the transferred employee’s former
certificates and pest inspection costs for the new residence;
14.1.4 Mail re-direction
from the former residence to the new residence for 1 month.
15. Retirement and
15.1 Upon retirement
from the Public Service the transferred employee will enjoy the benefits of clause
10, Removal and Storage Expenses of this award for relocation to a place of
their choice within the State of NSW provided the transferred employee’s
relocation is effected within 12 months following the date of retirement.
15.2 In the event a
transferred employee dies, the partner and dependant children or dependant
relatives will enjoy the benefits of clause 10, Removal and Storage Expenses of
this award for relocation to a single place of their choice within the State of
NSW. Claims under this subclause may be made up to 12 months after the death of
the transferred employee.
15.3 For retirement
and death the maximum amount of reimbursement will be limited to that payable
had the transferred employee moved to the place of original recruitment to the
15.4 "The place
of original recruitment" means the address of the workplace where the
transferred employee first began duty with the NSW Public Service.
16.1 Subject to
approval from the Director-General, Department of Premier and Cabinet, a
Division Head may offer additional support or benefits not specifically
referred to in this award to assist in the attraction, recruitment or
relocation of a staff member to a location.
For example this may include assistance with housing, education or
career development expenses.
17.1 This award shall not operate to deprive a
transferred employee assigned to work at a new location, prior to the making of
this award, of any existing entitlements to compensation.
18.1 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
18.2 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 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
18.3 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.
18.4 Nothing in this
clause is to be taken to affect:
18.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
18.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
18.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
18.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
18.5 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.
18.5.1 Employers and
staff members may also be subject to Commonwealth anti-discrimination
18.5.2 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."
Grievance and Dispute Settling Procedures
19.1 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 Division, if required.
19.2 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.
19.3 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 Division Head
19.4 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.
19.5 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
shall respond within two (2) working days, or as soon as practicable. The staff
member may pursue the sequence of reference to successive levels of management
until the matter is referred to the Division Head.
19.6 The Division Head may refer the matter to
the Director-General, Department of Premier and Cabinet for consideration.
19.7 If the matter remains unresolved, the
Division Head shall provide a written response to the staff member 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.
19.8 A staff member, at any stage, may request to
be represented by the Association.
19.9 The staff member 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.
19.10 The staff member, Association, Division 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.
19.11 Whilst the procedures outlined in subclauses
19.1 to 19.10 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 staff member or member of the public.
20. Area, Incidence
20.1 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 27 March 2012.
20.2 Changes made to
this award subsequent to it first being published on 28 August 2009 (368
I.G.1521) have been incorporated into this award as part of the review.
20.3 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
the authority of the Industrial Registrar.