Insurance and Care NSW Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Insurance and Care NSW (icare).
(Case No. 32241 of 2021)
|
Before Chief Commissioner Constant
|
17 February 2021
|
VARIATION
1. Delete the first 3 paragraphs of the Award published 20
March 2021 (387 I.G. 56) and insert in lieu thereof the following new
paragraphs:
The conditions of employment contained in Part A of
this Award apply to all staff members.
The conditions of employment contained in Part B of this
Award apply to all employees.
2. Delete clause 1, Arrangement, and insert in lieu thereof the
following:
PART A - CONDITIONS
OF EMPLOYMENT
SECTION 1 - FRAMEWORK
1. Arrangement
Clause No. Subject
Matter
1. Arrangement
2. Title
3. Definitions
4. Parties
to the Award
5. Coverage
6. Statement
of Intent
7. Work
Environment
8. Grievance
and Dispute Settling Procedures
9. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
SECTION 2 - ATTENDANCE/HOURS OF WORK
10. Local
Arrangements
11. Working
Hours
12. Calculation
of Service
13. Casual
Employment
14. Part-Time
Employment
15. Morning and
Afternoon Breaks
16. Meal Breaks
17. Lactation
Breaks
18. Variation
of Hours
19. Natural
Emergencies and Major Transport Disruptions
20. Notification
of Absence from Duty
21. Public
Holidays
22. Standard
Working Hours
23. Flexible
Working Hours
24. Non-Compliance
25. Flexible
Work Practices
SECTION 3 - TRAVEL ARRANGEMENTS
26. Travelling
Compensation
27. Excess
Travelling Time
28. Waiting
Time
29. Meal
Expenses on One-Day Journeys
30. Restrictions
on Payment of Travelling Allowances
31. Increase or
Reduction in Payment of Travelling Allowances
32. Production
of Receipts
33. Travelling
Distance
SECTION 4 - ALLOWANCES AND OTHER MATTERS
34. Allowance
Payable for Use of Private Motor Vehicle
35. Damage to
Private Motor Vehicle Used for Work
36. Overseas
Travel
37. Exchanges
38. Room at
Home Used as Office
39. Uniforms,
Protective Clothing and Laundry Allowance
40. Compensation
for Damage to or Loss of Staff Member’s Personal Property
41. Community
Language Allowance Scheme (CLAS)
42. First Aid
Allowance
43. Review of
Allowances Payable in Terms of This Award
SECTION 5 - UNION CONSULTATION, ACCESS AND ACTIVITIES
44. Trade Union
Activities Regarded as On Duty
45. Trade Union
Activities Regarded as Special Leave
46. Trade Union
Training Courses
47. Conditions
Applying to On Loan Arrangements
48. Period of
Notice for Trade Union Activities
49. Access to Facilities
by Trade Union Delegates
50. Responsibilities
of the Trade Union Delegate
51. Responsibilities
of the Trade Union
52. Responsibilities
of Workplace Management
53. Right of
Entry Provisions
54. Travelling
and Other Costs of Trade Union Delegates
55. Industrial
Action
56. Consultation
and Technological Change
57. Deduction
of Trade Union Membership Fees
SECTION 6 - LEAVE
58. Leave -
General Provisions
59. Absence
from Work
60. Applying
for Leave
61. Extended
Leave
62. Family and
Community Service Leave
63. Leave Without Pay
64. Military
Leave
65. Observance
of Essential Religious or Cultural Obligations
66. Parental
Leave
67. Purchased
Leave
68. Recreation
Leave
69. Annual
Leave Loading
70. Sick Leave
71. Sick Leave
- Requirements for Evidence of Illness
72. Sick Leave
to Care for a Family Member
73. Sick Leave
- Workers Compensation
74. Sick Leave
- Claims other than Workers Compensation
75. Special
Leave
76. Leave for
Matters Arising from Domestic Violence
SECTION 7 - TRAINING AND PROFESSIONAL DEVELOPMENT
77. Staff
Development and Training Activities
78. Study
Assistance
SECTION 8 - SHIFT WORK AND OVERTIME
79. Shift Work
80. Overtime -
General
81. Overtime
Worked by Shift Workers
82. Overtime
Worked by Day Workers
83. Recall to
Duty
84. On-Call (Stand-By) and On-Call Allowance
85. Overtime
Meal Breaks
86. Overtime
Meal Allowances
87. Rate of
Payment for Overtime
88. Payment for
Overtime or Leave in Lieu
89. Calculation
of Overtime
90. Provision
of Transport in Conjunction with Working of Overtime
SECTION 9 - MISCELLANEOUS
91. Anti-Discrimination
92. Area, Incidence and Duration
93. No extra
claims
PART B - SALARY GRADE STRUCTURE
1. Salary
Grade Structure
2. Promotion
3. Salary
Increments"
4. In clause
1 Arrangement, delete:
PART C - MONETARY RATES
Table 1 - Salary Grade Structure
Table 2 - Allowances"
3. Delete
subclause 3.11 of clause 3, Definitions, and insert in lieu thereof the
following:
3.11 Chief Human
Resources Officer means the Group Executive Team (GET) role accountable for
ICARE’s Human Resource leadership.
4. Delete
subclause 3.16 of clause 3, Definitions and renumber subsequent subclauses
accordingly.
5. Delete
paragraphs 68.2.4 and 68.2.5 of clause 62, Family and Community Service Leave
and insert in lieu thereof the following:
68.2.4 The appropriate People Leader shall notify
the staff member in writing when accrued recreation leave reaches 8 weeks or
its hourly equivalent and direct the staff member to take at least 2 weeks
recreation leave within 6 weeks of the notification. Such leave is to be taken
at a time convenient to icare.
68.2.5 A staff member must take their recreation
leave to reduce all balances below 8 weeks or its hourly equivalent, and the icare must cooperate in this process. Icare
may direct a staff member with more than 8 weeks to take their recreation leave
so that it reduces to below 8 weeks.
6. Delete
subclause 68.7 and insert in lieu thereof the following:
68.7 Additional compensation
for rostered work performed by shift workers on Sundays and Public Holidays
Shift workers who are rostered to work their ordinary hours on Sundays and/or
Public Holidays during the period 1 December of one year to 30 November, of the
following year, or part thereof, shall be entitled to receive additional annual
leave or payment as provided for in subclauses 79.5 or 79.6 respectively of
clause 79, Shift Work, of this Award.
7. Delete
subclause 92.2 of clause 92, Area, Incidence and Duration, and insert in lieu
thereof the following:
92.2 This Award shall
take effect on and from 1 July 2020 and rescinds and replaces the Insurance and
Care NSW Award 2017 published 20 March 2020 (387 I.G. 56) and the salaries and
salary related allowances as prescribed in Tables 1 and 2 of Part C, Monetary
Rates are operative from the beginning of the first full pay period to commence
on or after 1 July 2020."
8. Delete the
date contained in clause 93. No Extra Claims, and insert in lieu thereof the
following:
93. No Extra Claims
Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public
Sector Conditions of Employment) Regulation
2014, or under the circumstances outlined in clause 6 of this Award, there
shall be no further claims/demands or proceedings instituted before the NSW
Industrial Relations Commission for extra or reduced wages, salaries, rates of
pay, allowances or conditions of employment with respect to the Employees
covered by the Award that take effect prior to 30 June 2021 by a party to this
Award.
9. Delete Parts
B, C, and D and insert in lieu thereof the following:
PART B
1. Salary Grade Structure
1.1 The salary rates for employees, whose
roles are placed in Grades 1 to 12 are set out in Table 1 of Part C, Monetary
Rates.
1.2 Positions are classified within Grades 1
to 12 in accordance with the grading system approved by the CEO&MD.
1.3 An employee who is temporarily employed by
icare is paid the weekly equivalent of the annual
salary prescribed in Table 1.
2. Promotion
The promotion of employees to a grade and from grade to
grade is subject to the occurrence of a vacancy in such grade.
3. Salary Increments
3.1 The payment of increments
under the Salary Grade Scale shall be subject to approval by the appropriate
People Leader.
3.2 One month prior
to the date on which an employee will become eligible for an increment of
salary, the appropriate People Leader shall report as to conduct and the manner
in which the duties of the employee have been performed.
3.3 In cases where
the recommendation of the appropriate People Leader is averse to the granting
of an increment, the employee affected shall have the right of review.
PART C
MONETARY RATES
1.1 At the time of
the making of this Award, no employee 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.
1.2 The salary rates
set out in Table 1, are set in accordance with the
Crown Employees (Public Sector - Salaries 2020) Award. Should there be any
variation or replacement Award of this Award, Insurance and Care staff members
will maintain the same salary relationship.
Salary Grade Structure
Table 1
|
Grades
|
Common
Salary Points
|
Per annum
|
|
|
|
$
|
|
Grade 1
|
|
|
|
1st year of service
|
46
|
64,973
|
|
Thereafter
|
49
|
66,882
|
|
Grade 2
|
|
|
|
1st year of service
|
52
|
68,749
|
|
Thereafter
|
55
|
70,636
|
|
Grade 3
|
|
|
|
1st year of service
|
58
|
72,635
|
|
Thereafter
|
61
|
74,827
|
|
Grade 4
|
|
|
|
1st year of service
|
64
|
77,162
|
|
Thereafter
|
67
|
79,535
|
|
Grade 5
|
|
|
|
1st year of service
|
75
|
85,744
|
|
Thereafter
|
78
|
88,449
|
|
Grade 6
|
|
|
|
1st year of service
|
82
|
91,916
|
|
Thereafter
|
85
|
94,610
|
|
Grade 7
|
|
|
|
1st year of service
|
88
|
97,443
|
|
Thereafter
|
91
|
100,356
|
|
Grade 8
|
|
|
|
1st year of service
|
95
|
104,539
|
|
Thereafter
|
98
|
107,864
|
|
Grade 9
|
|
|
|
1st year of service
|
101
|
111,077
|
|
Thereafter
|
104
|
114,201
|
|
Grade 10
|
|
|
|
1st year of service
|
108
|
118,863
|
|
Thereafter
|
111
|
122,404
|
|
Grade 11
|
|
|
|
1st year of service
|
116
|
128,473
|
|
Thereafter
|
120
|
133,920
|
|
Grade 12
|
|
|
|
1st year of service
|
126
|
142,308
|
|
Thereafter
|
130
|
148,578
|
Rates and Allowances
Table 2
Effective 1 July 2019
(except where otherwise stated)
|
Item
No
|
Clause
No
|
Description
|
Amount
|
|
1
|
|
Meal expenses on one day
journeys
|
|
|
|
|
Capital cities and high cost
country centres (see list in item 2)
|
|
|
|
30.1.1
|
Breakfast
|
$27.55
|
|
|
30.1.2
|
Dinner
|
$52.80
|
|
|
30.1.3
|
Lunch
|
$31.00
|
|
|
|
Tier 2 and other country
centres (see list in item 2)
|
|
|
|
30.1.1
|
Breakfast
|
$24.70
|
|
|
30.1.2
|
Dinner
|
$48.60
|
|
|
30.1.3
|
Lunch
|
$28.15
|
|
2
|
|
Travelling allowances
|
|
|
|
27.8.2
|
Capital cities
|
Per day
|
|
|
|
Adelaide
|
$288.05
|
|
|
|
Brisbane
|
$306.05
|
|
|
|
Canberra
|
$299.05
|
|
|
|
Darwin
|
$351.05
|
|
|
|
Hobart
|
$278.05
|
|
|
|
Melbourne
|
$304.05
|
|
|
|
Perth
|
$311.05
|
|
|
|
Sydney
|
$319.05
|
|
|
27.8.2
|
Other country centres
|
$231.15
|
|
|
27.8.2
|
Incidental expenses when
claiming actual expenses - all locations
|
$19.70
|
|
|
27.11
|
Daily allowance payable after
35 days and up to 6 months in the same location - all locations
|
50% of the appropriate
|
|
|
|
|
location rate
|
|
3
|
27.8.1
|
Incidental expenses
|
$19.70
|
|
4
|
|
Use of private motor vehicle
|
Cents per kilometre
|
|
|
35.2
|
Official business
|
68.0
|
|
|
35.3
|
Casual rate (40% of official
business rate)
|
27.2
|
|
|
|
Motor cycle allowance (50% of
the 1600cc or less official business rate)
|
34.0
|
|
|
35.7
|
Towing trailer or horse float
(13% of the 2601cc and over official business rate)
|
8.8
|
|
5
|
36
|
Insurance cover
|
Up to $1,173
|
|
6
|
38.2
|
Exchanges
|
Actual cost
|
|
7
|
39.1
|
Room at home used as office
|
$951 pa
|
|
8
|
85.1.1
|
On-call (stand-by) and
on-call allowance
|
$0.98 per hour
|
|
9
|
40.1
|
Uniforms, protective clothing
and laundry allowance
|
$4.95 per week
|
|
10
|
42.1
|
Community language allowance
scheme (effective ffpp on or after 1 July 2020)
|
Per annum
|
|
|
|
- Base Level Rate
|
$1,452 pa
|
|
|
|
- Higher Level Rate
|
$2,184 pa
|
|
11
|
43.1
|
First aid allowance (effective
ffpp on or after 1 July 2020)
|
Per annum
|
|
|
|
- Holders of basic
qualifications
|
$936 pa
|
|
|
|
- Holders of current
occupational first aid certificate
|
$1,406 pa
|
|
12
|
87.1
|
Overtime meal allowances
|
Effective
|
|
|
|
|
1 July 2019
|
|
|
|
Breakfast
|
$30.60
|
|
|
|
Lunch
|
$30.60
|
|
|
|
Dinner
|
$30.60
|
|
|
|
Supper
|
$11.40
|
NB: In adjusting expense related and salary related
allowances, annual rates are adjusted to the nearest dollar, weekly and daily
rates are rounded to the nearest 5 cents, and hourly rates are moved to the
nearest cent (except for the flying allowance which is moved to the nearest 10
cents).
10. This variation
shall take effect from the first pay period commencing on or after 1 July 2020
N. CONSTANT, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.