Crown
Employees (Department of Environment and Climate Change - Parks and Wildlife
Group) Conditions of Employment Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Department
of Environment and Climate Change NSW.
(Nos. IRC 605 and 1985 of
2007)
Before Commissioner
Ritchie
|
6 November 2007
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Memorandum
of Understanding
5. Salaries
6. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
7. Allowances
8. On Call
for Kosciusko National Parks Municipal Services Managed By The Resort Group
9. Standby
Allowance - Including Standby associated with Declared Incident
10. Higher
Duties
11. Appointment
12. Progression
13. Project
Teams
14. Hours of
Work
15. Variation
of Hours
16. Overtime -
General
17. Meal
Breaks
18. Rest
Breaks
19. Flexible
Working Hours
20. Temporary
and Casual Work Arrangements
21. Part-Time
Work Arrangements
22. Job
Sharing
23. Public
Holidays and Public Service Holiday
24. Leave
25. Recreation
Leave and Annual Leave Loading
26. Family And
Community Service Leave
27. Excess
Travel Time
28. Contact
with Officers on Parental and Maternity Leave
29. Incident
Conditions
30. Working From
Home
31. Dependent
Care
32. Families
and Field Work
33. Training
and Development
34. Study
Assistance
35. Training
Competency
36. Engagement
of Contractors
37. Anti-Discrimination
38. Redundancy
Entitlements
39. Workplace
Environment
40. Housing
41. Consultation
and Monitoring
42. Industrial
Grievance Procedure
43. Deduction
of Union Membership Fees
44. Saving of
Rights
45. No Extra
Claims
46. Area,
Incidence and Duration
PART B
Annexure 1 - Salary Schedule for Ranger Classification
Annexure 2 - Salary Schedule for Project/Research Officer
Classification
Annexure 3 - Salary Schedule for Field Officer
Classification
Annexure 4 - Casual Leave Entitlements
PART C
Memorandum of Understanding
2. Title
2.1 This Award
shall be known as Crown Employees (Department of Environment and Climate Change
- Parks and Wildlife Group) Conditions of Employment Award.
3. Definitions
"Accommodation" means - Home, place of abode or
residential address, Commercial: hotel/motel/guest house, or an Established/Non
Established camps.
"Act" means the Public Sector Employment and
Management Act 2002.
"Allocated Day Off" means the day/s off that the
officer who works set patterns of hours as detailed in this agreement has off
each settlement period as a result of that officer accruing the necessary
hours.
"Area Manager", classification is Assistant
District Manager, means a PWG officer designated as such, who obtained a degree
from a recognised university requiring a minimum of three (3) years full-time
equivalent study, in an appropriate discipline relevant to the field operations
of the Service, or other tertiary qualification as deemed equivalent by the
Director General.
"Association" means the Public Service Association
and Professional Officers Association Amalgamated Union of New South Wales.
"Award" means an award as defined in the Industrial
Relations Act 1996.
"Campaign" means those incidents where shift work
is introduced by the Incident Controller.
"Casual Employee" means any employee engaged in
terms of Chapter 2, Part 2.6 Casual Employees, of the Public Sector
Employment and Management Act 2002 and any guidelines issued thereof or as
amended from time to time.
"Contract hours" for the day for a full time
officer, means one fifth of the full time contract hours, as defined in this
award. For a part time officer,
contract hours for the day means the hours usually worked on the day.
"Crew" means a group of up to five officers
assigned under the control of a Crew Leader to undertake incident management
duties.
"Crew Leader" means an officer responsible for
leading a crew to implement a strategy.
The Crew leader ensures the work is undertaken efficiently and safely,
and is responsible for managing and recording the crew’s operations.
"Crew Member" means an officer diverted from their
day-to-day activities to undertake work associated with the management of an
incident.
"Department" means the Department of Environment
and Climate Change, NSW.
"Dependent" means a partner, including same sex
partner, husband, wife, child, elderly parent or a family member with a
disability.
"Director General" means the Director General of
the Department of Environment and Climate Change.
"DPE" means the Director of Public Employment, as
established under the Public Sector Employment and Management Act 2002.
"Dispute" is a disagreement between officers and
the Department concerning employment matters.
"Division Commander" means an officer who is under
the direction of an Operations Officer and who is responsible for a number of
sectors to which specific work tasks are allocated.
"Duty Officer" means an officer either rostered
for duty, or appointed on standby to serve as a divisional, branch or regional
after hours contact, and to monitor and coordinate both departmental responses
and other responses to a variety of situations including, but not limited to,
escalating fire weather conditions, wildfires, search and rescue, marine mammal
standings, security alarms, asset damage, risks to visitor safety. The
responsibilities of a duty officer are outlined in the Fire Management Manual
and NPWS State Incident Plan.
"Employer for Industrial Purposes" means the
Director of Public Employment.
"Employer for all purposes other than Industrial"
means the Director General of the Department of Environment and Climate Change.
"Family" means a group of persons of common
ancestry, or all persons living together in one household or a primary social
group consisting of parents and their offspring.
"Fieldwork" refers to work undertaken in the field
in an area away from an officer's normal work location, and which precludes the
officer from returning to his normal place of abode at the conclusion of each
shift.
"Grievance" is any workplace problem that is a
concern, complaint or allegation raised internally by an officer against
another officer and requires resolution.
"Incident" means an unscheduled activity such as
wildfire suppression, wildlife rescue, flood and storm relief, search and
rescue, cetacean stranding, accident and substance spill attendance, or as
otherwise approved by the Director General or delegate. (N.B.
Does not include hazard reductions)
"Incident duties" means all work involved in
emergency incidents effort in which there is Departmental participation from
when an event is declared an incident until it is declared over by the Incident
Controller. Duties may include: the
initial reporting, reconnaissance, organisation of resources, control, mop-up,
patrol to completion of incident duties, and may involve office duties in the
organisation and direction of the emergency response as well as work at the
scene.
"Memorandum of Understanding" means the document
signed by the parties on 10 August 2006.
"Monday to Friday Workers" are PWG officers whose
ordinary hours of work are from Monday to Friday inclusive within the bandwidth
hours of 6:00 a.m. to 8:00 p.m.
"Nominated working place" means the location where
an officer normally commences work.
"Officer" means an employee in the Parks and
Wildlife Group of the Department including those employed on a temporary basis
but does not include those employed under individual contracts through
employment agencies, officers employed pursuant to the provisions of the Crown
Employees (Senior Officer Salaries 2004) Award, or those employed in the Senior
Executive or Chief Executive Services, or those persons employed and paid as
casuals.
"Ordinary working hours" means the average number
of hours the officer is required to work each week.
"Parties" means the Department of Environment and
Climate Change and the Association.
"Pattern of hours" can be either flexible working
hours, where start/finish times are flexible within the bandwidth of 6 am to 8
pm; or, determined where start/finish times are set.
"Planning Officer" means an officer responsible
for the collection, evaluation, dissemination and use of information about the
incident and status of resources.
"Project/Research Officer" is an officer
designated as such, who has obtained a degree in Science or a related
discipline from a recognised university requiring a minimum of three (3) years
full time study, or other such qualifications deemed equivalent by the
Department Head.
"PWG" means the Parks and Wildlife Group of the
Department of Environment and Climate Change.
"Ranger" is an officer in the PWG designated as
such, who has obtained a degree from a recognised university requiring a
minimum of three (3) years full-time equivalent study, in an appropriate
discipline relevant to the field operations of the Service, or such other tertiary
qualification as deemed equivalent by the Director General.
"Rostered Day Off" means a day off in a four week
roster period, taken at a time which is operationally convenient to the
Department, except those days that are taken as approved leave including flex
leave time in lieu or as an allocated
day off.
"Senior Ranger" is an officer in the PWG
designated as such, who has obtained a degree from a recognised university
requiring a minimum of three (3) years full-time equivalent study, in an appropriate
discipline relevant to the field operations of the Service, or such other
tertiary qualification as deemed equivalent by the Director General.
"Settlement Period" is a four week roster period.
"Seven Day Roster Workers" are officers whose
ordinary hours of work may be worked on any day, Monday to Sunday (inclusive)
within the bandwidth of 6 am to 8 pm.
"Standby" means an approved period of time outside
normal working hours, when officers, including Duty Officers, have been
directed by the Director General, or delegate, to be readily contactable and to
immediately respond as required.
"Supervisor" means the immediate supervisor or
manager of the area in which an officer is employed or any other officer
authorised by the Department Head to fulfil the role of a supervisor or
manager, other than a person engaged as a consultant or contractor.
"Temporary Officer" means any employee engaged in
terms of Chapter 2, Part 2.4 Temporary Employees, of the Public Sector
Employment and Management Act 2002 and any guidelines issued thereof or as
amended from time to time.
"Union" means the Public Service Association and
Professional Officers' Association Amalgamated Union of New South Wales, having
regard to its respective coverage.
4. Memorandum of
Understanding
4.1 The Memorandum
of Understanding at Part C was signed by the parties to this award on 10 August
2006 and should, where appropriate be read in conjunction with this award.
5. Salaries
5.1 No officer's
substantive salary will drop on entering into the Award.
5.2 Salaries will
be those set out in Annexures 1 - 3.
5.3 The salary
rates are all inclusive of the following allowances.
(i) Diving
(ii) Kosciusko
(iii) Dry Cleaning
(iv) Flying
5.4 Salaries for
Field Officer classifications are inclusive of leave loading.
5.5 The salaries
contained in Part B, Annexures 1 - 3 of this Award will be adjusted to reflect
any variation to Salaries and Allowances in the Crown Employees (Public Sector
- Salaries 2007) Award or any successor instrument to that Award.
6. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
6.1 The
entitlement to salary package in accordance with this clause is available to:
(i) permanent
full-time and part-time officers;
(ii) temporary
officers, subject to Departmental convenience; and
(iii) casual
employees, subject to Departmental convenience, and limited to salary sacrifice
to superannuation in accordance with subclause 6.7.
6.2 For the
purposes of this clause:
(i) "salary"
means the salary or rate of pay prescribed for the officer's classification by
Part B Annexures 1 - 3 of this Award, and any other payment that can be salary
packaged in accordance with Australian taxation law.
(ii) "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll
deductions may include, but are not limited to, taxes, compulsory
superannuation payments, HECS payments, child support payments, and judgement
debtor/garnishee orders.
6.3 By mutual
agreement with the Director General, an officer may elect to package a part or
all of their post compulsory deduction salary in order to obtain:
(i) a benefit or
benefits selected from those approved by the DPE; and
(ii) an amount
equal to the difference between the officer’s salary, and the amount specified
by the DPE for the benefit provided to or in respect of the officer in
accordance with such agreement.
6.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
6.5 The agreement
shall be known as a Salary Packaging Agreement.
6.6 Except in
accordance with subclause 6.7, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
officer and the Director General at the time of signing the Salary Packaging
Agreement.
6.7 Where an
officer makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
officer may elect to have the amount sacrificed:
(i) paid into the
superannuation fund established under the First State Superannuation Act
1992; or
(ii) where the
Department is making compulsory employer superannuation contributions to
another complying superannuation fund, paid into the same complying fund; or
(iii) subject to
the Department’s agreement, paid into another complying superannuation fund.
6.8 Where the
officer makes an election to salary sacrifice, the Department shall pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
6.9 Where the
officer makes an election to salary package and where the officer is a member of
a superannuation scheme established under the:
(i) Police
Regulation (Superannuation) Act 1906;
(ii) Superannuation
Act 1916;
(iii) State
Authorities Superannuation Act 1987; or
(iv) State
Authorities Non-contributory Superannuation Act 1987,
the Department must ensure that the officer’s superable
salary for the purposes of the above Acts, as notified to the SAS Trustee
Corporation, is calculated as if the Salary Packaging Agreement had not been
entered into.
6.10 Where the
officer makes an election to salary package, and where the officer is a member
of a superannuation fund other than a fund established under legislation listed
in subclause 6.9 of this clause, the Department must continue to base
contributions to that fund on the salary payable as if the Salary Packaging
Agreement had not been entered into.
This clause applies even though the superannuation contributions made by
the Department may be in excess of superannuation guarantee requirements after the
salary packaging is implemented.
6.11 Where the
officer makes an election to salary package:
(i) subject to
Australian Taxation law, the amount of salary packaged will reduce the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
(ii) any
allowance, penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an officer is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
officer’s rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the officer under Part B Annexures 1 - 3 of this
Award if the Salary Packaging Agreement had not been entered into.
6.12 The DPE may
vary the range and type of benefits available from time to time following
discussion with the Unions. Such
variations shall apply to any existing or future Salary Packaging Agreement
from date of such variation.
6.13 The DPE will
determine from time to time the value of the benefits provided following
discussion with the Unions. Such
variations shall apply to any existing or future Salary Packaging Agreement
from the date of such variation. In
this circumstance, the officer may elect to terminate the Salary Packaging
Agreement.
7. Allowances
7.1 Expense
related allowances will be indexed from 1 July each year by the amount for the
national Consumer Price Index, as published by the Bureau of Statistics.
7.2 Boot Allowance
7.2.1 A boot allowance
is payable to any officer who works in the field where suitable boots are not
provided by the Department. The
allowance is to be a maximum of $111 per pair of boots, on condemnation of the
previous pair, endorsed by the Area Manager, Regional Manager or Branch
Director PWG.
7.3 Field
Allowance
7.3.1 This allowance
replaces camping allowance contained in the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006 or any successor instrument to
that Award.
7.3.2 This allowance
is payable when an officer is required to stay overnight at a place other than
their place of abode or commercial accommodation.
7.3.3 The amounts
payable per day of 24 hours, or part thereof (which must involve an overnight
stay), are:
(i) Where meals
are provided by the Department, $50 or $2.08 per hour
(ii) Where meals
are not provided by the Department, $80 or $3.33 per hour
7.3.4 The Department
will provide the necessary equipment
7.3.5 In the
exceptional circumstances where equipment is not supplied, no additional
allowance is payable.
7.4 Remote Area
Allowance
7.4.1 The remote area
allowance seeks to compensate staff for increased costs of living, the climatic
conditions of areas designated "remote" and the level of disturbance
to partners and family.
7.4.2 Remote area
means the area of the State of N.S.W. situated on or to the west of a line
starting from the right bank of the Murray River opposite Swan Hill and then
passing through the following towns or localities in the following order, namely,
Conargo, Coleambally, Hay, Rankins Springs, Marsden, Condobolin, Peak Hill,
Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford and
Bonshaw, and includes a place situated in any such town. It also includes Nadgee, Montague Island and
Lord Howe Island.
7.4.3 The allowances
specified in paragraph 7.4.5 Table 1of this clause, will be paid to those
officers who meet the criteria set out in the Personnel Handbook and who live
in a remote area as defined in paragraph 7.4.5 Table 2 of this clause.
7.4.4 The allowance
replaces the Commonwealth allowance paid to officers on Lord Howe Island.
7.4.5 The rates of
the allowances will be:
Table 1
Grade
|
With Dependents
|
Without Dependents
|
A
|
$3,000
|
$2,100
|
B
|
$4,000
|
$2,800
|
C
|
$5,000
|
$3,500
|
Table 2
Grade "A"
|
All locations in remote areas, as defined, except those
specified as
|
|
Grade B or C and including Nadgee.
|
For the purpose of this Award the following locations will
be included in Grades "B" and "C".
|
|
Grade "B"
|
is payable to officers
living in the following locations:
|
|
Angledook, Barrigun, Bourke, Brewarrina, Clare, Engonia,
Goodooga,
|
|
Ivanhoe, Lake Mungo, Lightening Ridge, Louth, Mungindi,
Pooncarie,
|
|
Redbank, Walgett, Wanaaring, Weilmoringle, White Cliffs,
Wilcannia,
|
|
Wilandra, and including Menindee, Kinchega, Macquarie
Marshes and
|
|
Gunderbooka
|
|
|
Grade "C"
|
is payable to officers living in the following locations:
|
|
Fort Grey, Mootwingee, Mount Wood, Nocoleche, Olive Downs,
|
|
Tibooburra, Yathong and including Witta Brinna, Tarawi,
Irymple,
|
|
Lord Howe Island and Montague Island
|
7.4.6 Should officers
be located in other remote locations not specified in this Award, the grading
for payment will be determined in consultation with the Union.
8. On Call for
Kosciusko National Park Municipal Services Managed By Resorts Group
8.1 A weekly
allowance of $185 per week (of 7 days) shall be paid to officers in the
Kosciusko National Park Municipal Services Unit who are directed to be on call.
8.2 The payment
shall cover all time outside the normal working hours that the officer is
required to be available for contact and immediate response to a call.
8.3 Only in
exceptional circumstances would the Department require an officer to be on call
for a period of less than 7 days. Where a period of on call is for less than 7
days a pro-rata to a minimum of one day will apply for each day the officer is
required to be on call. The daily allowance will equate to $26.43 per day.
8.4 The allowance
shall compensate the officer for minor follow up work that may result from the
call.
8.5 Where the call
results in the officer returning to work or performing more than minor
follow-up work (i.e. where two or more further calls are required and this
takes more than 15 minutes), the officer shall be entitled to overtime for the
actual time spent responding to the call or a minimum of 3 hours overtime,
whichever is the greatest.
8.6 Where an
officer is required to return to work again after the initial call out, the
officer shall be paid for the actual time spent attending the second and
subsequent call outs.
8.7 Extension of
this provision to other work areas, classifications or specific jobs will be
done in consultation with the Union.
9. Standby Allowance
- Including Standby Associated with Declared Incidents
9.1 Standby roles
- officers may be directed to be on standby as a:
(i) Duty Officer
- either for general standby or associated with a declared incident (refer to
definitions clause); or
(ii) General
standby - an officer appointed on standby to respond to after hours duty as
required.
9.2 Standby duties
- officers directed to be on standby must be readily contactable by telephone,
radio or pager where one has been issued, during the standby period and be
prepared to respond immediately to duty as required. Officers who are not
readily contactable and available for immediate response to duty as required,
will not be entitled to standby payments.
9.3 Duty Officer
support - a Duty Officer may have access to departmental after hours contact
lists, a department vehicle (with radio), mobile phone and pager (if necessary)
dependent on the requirements of the duty to be performed;
9.4 Standby hours
- the time an officer, can be directed to be on standby is:
(i) 24 hours on a
rostered day off; or
(ii) all hours
between the finishing time and starting time of the next day on rostered days
on; or
(iii) for an
approved period of time to meet operational requirements with the minimum
period being 3 hours.
9.5 Standby rates
9.5.1 An officer
required to be on standby will be paid at the rate of one third their standard
hourly rate (not including any loading) or maximum rate for Clerk Grade 8 as
varied from time to time plus $1.00, whichever is the lesser, for the time they
are required to be on standby outside their normal rostered working hours.
9.5.2 Payment of the
standby rates for a Duty Officer directed to be on standby for a declared
incident, will be charged to the respective declared incident and the overtime
barrier will not apply (except for SES officers) for the duration of the
declared incident.
10. Higher Duties
10.1 Officers who
relieve in a higher position for a period of at least 5 consecutive work days
will be paid a proportion (from 50-100%) of the difference between the substantive
salary rate of the occupant of the higher position and the officer's
salary. The proportions shall depend on
the range and level of duties performed in the position. Where the position is
vacant, an officer relieving in the position shall be paid a proportion (from
50% -100%) of the difference between step one of the grading of the vacant
position and the Officer’s substantive salary rate. The proportions shall
depend on the range of the level of duties performed in the positions.
10.2 The terms and conditions
of the higher duties apply for the duration of the relieving period.
10.3 The duties and
the proportion of the higher duties allowance shall be mutually agreed to prior
to the relieving period.
11. Appointment
11.1 Appointment to
a vacant position will be by way of competitive selection based on the merit
principle and in accordance with the provisions of the Public Sector
Employment and Management Act 2002.
11.2 Appointment to
a higher starting salary point within the level, grade or class than Year 1
will be determined by the Director General or delegate, following assessment of
the successful applicant's educational qualifications, past work experience in
a related field and/or relevant competency level.
11.3 Rangers -
special appointments
11.3.1 An officer
possessing a minimum of a three year degree from a recognised university at
time of appointment, shall commence at Ranger Grade 1 Skill Level 1.
11.3.2 An officer
possessing a minimum of a 4 year full-time equivalent degree (including Honours
year or a teaching diploma in addition to a three year degree) from a
recognised university at time of appointment, shall commence at Ranger Grade 1
Skill Level 2.
11.3.3 An officer
possessing a Masters Degree or a Doctorate from a recognised university at the
time of appointment, shall commence at Ranger Grade 1 Skill Level 3.
11.3.4 Appointment to a
higher salary than those described above, shall be based on the officer having
demonstrated competencies in accordance with the attached schedule which are
assessed by the Area Manager and approved by the delegated officer.
11.4 Project/Research
Officers - special appointments
11.4.1 An officer with
a three year degree in Science or related discipline from a recognised
university will commence at Project Officer Grade 1 Year 1.
11.4.2 An officer with
a four (4) year degree in Science or related discipline from a recognised
university (including an Honours year or a teaching diploma in addition to a 3
year degree) will commence at Project Officer Grade 1 Year 2.
11.4.3 An officer with
a Masters degree or a Doctorate from a recognised university will commence at
Project Officer Grade 1 Year 3.
12. Progression
12.1 Progression
within levels, grades or classes shall be by annual increment unless otherwise
specified in Part B.
12.2 Increments
shall be processed by supervisors within one month of receipt.
12.3 If increments
are not processed within two months of the due date, the increments will be
processed automatically, and payment backdated to the due date.
12.4 Progression to
a higher level, grade or class shall be by competitive selection for an
advertised vacancy, unless the position is banded across a number of levels,
grades or classes.
12.5 Progression and
competency application for field officer, ranger, project/research officer
classifications
12.5.1 Progression
within levels or grades shall be by annual increment unless otherwise specified
in Annexures 1-3.
12.5.2 Increments shall
be processed by supervisors within one month of receipt.
12.5.3 If increments
are not processed within two months of the due date, the increments will be
processed automatically, and payment backdated to the due date.
12.5.4 Progression and
competency applications shall be processed by supervisors within three months
of receipt.
12.5.5 Progression to a
higher level or grade shall be by competitive selection for an advertised
vacancy, unless the position is banded across a number of levels or grades.
13. Project Teams
13.1 The Director
General or nominee may request officers to perform work in a designated project
team.
13.2 An officer may
decline an offer to work in a designated project team.
13.3 When
undertaking work in a designated project team, the officer shall be paid:
(i) the rate for
the job as determined by job evaluation; or
(ii) at least one
salary level higher than their substantive rate.
13.4 An officer
working in a designated project team on a full-time basis will not be required
to carry out the duties of their substantive position in addition to the
project duties.
13.5 Project team
jobs may be either full-time or part-time.
14. Hours of Work
14.1 General
14.1.1 The
organisation of work and ordinary hours will optimise work effectiveness and
the fulfilment of the reasonable needs of officers.
14.1.2 The
standard hours of work will be those necessary for the completion of routine
work and this clause sets out the ordinary hours and conditions attached to
exceptions (other than declared incidents).
14.1.3 Except
as otherwise provided, ordinary hours of work will be an average of 35 per
week, over a settlement period, to be worked between 6:00 a.m. and 8:00 p.m.
14.1.4 Officers,
except those classified as Rangers, Senior Rangers, Assistant District
Managers, Field Officers, Senior Field Officers, Field Supervisors and Senior
Field Supervisors may only be rostered to work ordinary hours between 6:00 p.m.
and 8:00 p.m., when the officer agrees.
14.1.5 The
parties agree that the appropriate level of service is maintained between the
hours of 8.30 am and 4.30 pm on weekdays consistent with the Guarantee of
Service Policy.
14.1.6 No
officer will be able, or be required (other than in incidents) to work more
than 10 ordinary hours per shift (exclusive of travelling time).
14.1.7 Pattern
of hours is the way hours are worked each settlement period; i.e., start/finish
times and days of the week for 7 day roster workers.
14.1.8 The
pattern of hours will be agreed to between the officers and management of the
area with regard to the needs of the Department, the needs of officers and the
provision of services to the Department’s customers.
14.1.9 A
roster of hours and days must be set and agreed to in writing 2 weeks before
the settlement period starts.
14.1.10 Hours
of work for positions and/or classifications will be as set out in subclause
14.2.
14.1.11 Permanent
changes to the pattern of hours for an officer is subject to consultation with
the officer and/or the Union.
14.2 Ordinary hours
may be organised as follows:
14.2.1 Monday to Friday
Workers
(i) Ordinary
hours to be worked from Monday to Friday (inclusive).
(ii) Except as
otherwise provided, all approved work performed outside the bandwidth, on
weekends or public holidays is to be paid as overtime in accordance with the
provisions of clause 16, Overtime General of this Award.
14.2.2 Seven Day Roster
Workers
(i) Seven day
roster workers includes the following classifications, Rangers, Senior Rangers,
Assistant District Managers, Field Officers, Senior Field Officers, Field Supervisors
and Senior Field Supervisors. This list
is not exhaustive. Identification of additional positions will be done in
consultation with the union.
(ii) This
provision will also relate to specifically identified positions where the
working of a seven day operation is necessary for the efficient and effective
operation of the position.
Identification of positions that are to be designated seven day roster
workers will be done in consultation with the union.
(iii) Ordinary
hours for officers specified in subparagraphs 14.2.2 (i) and 14.2.2 (ii) are to
be worked from Monday to Sunday (inclusive) within the bandwidth of 6:00 a.m.
to 8:00 p.m., unless otherwise agreed to between the Department and the officer
concerned.
(iv) Officers
working this pattern of hours are to have at least two consecutive full days
off per week, unless otherwise agreed to between the Department and the officer
concerned.
(v) Officers shall
not be rostered to work more than two consecutive weekends (i.e. Saturday and
Sunday), unless the officer agrees to do so.
(vi) A loading of
17% of annual base salary is payable to Rangers, Field Officers and Senior
Field Officers for working up to a maximum of 45 combined weekend days (i.e.
Saturdays or Sundays) and 5 Public Holidays and is paid in lieu of all other
penalty rates.
(vii) A loading of
8.5% of annual base salary is payable to Senior Rangers, Assistant District
Managers, Field Supervisors and Senior Field Supervisors for working up to a
maximum of 22 combined weekend days (i.e. Saturdays or Sundays), and 3 Public
Holidays and is in lieu of all other penalty rates.
(viii) If an officer
agrees to work more than the maximum specified in subparagraphs 14.2.2 (vi) or
14.2.2 (vii) of this clause, no additional payments or day in lieu shall be
made.
(ix) Officers
referred to in subparagraphs 14.2.2 (vi) or 14.2.2 (vii) of this clause who are
directed to work more weekend days and public holidays than those prescribed
for their position, will be paid penalty rates as follows:
Table 3
(a)
|
Saturdays
|
a 50% loading for each additional day worked
|
|
|
|
(b)
|
Sundays
|
an 75% loading for each additional day worked
|
|
|
|
(c)
|
Public Holidays
|
an 150% loading for each additional day worked
|
(x) The loading
specified in subparagraphs 14.2.2 (vi) and 14.2.2 (vii) of this clause will be
paid for the purposes of superannuation and all paid leave, other than where
such leave is for a period of over 3 months.
14.2.3 Twenty Four Hour
Bandwidth Workers
(i) A 24-hr
bandwidth, inclusive of weekends and public holidays, may be implemented for
officers required to undertake or assist in duties including but not limited to
law enforcement and surveillance as part of their normal duties. A 24-hr
bandwidth provides the Department with the flexibility required to ensure that
such essential and/or urgent tasks, surveillance work, and field work are
conducted in an efficient and timely manner.
(ii) Ordinary
hours to be worked from Monday to Sunday (inclusive).
(iii) Ordinary
hours to be worked at any time within a 24-hour bandwidth, with no fixed core
time.
(iv) Except as
otherwise provided, all approved time worked in excess of 140 hours per
settlement period of 4 weeks shall be paid as overtime.
(v) Officers who
are required to work their ordinary hours in a 24 hour bandwidth will perform
the work subject to:
(a) Not more than
10 hours are to be worked in one day;
(b) Hours usually
being worked from Monday to Friday;
(c) An officer
having 2 days off per week;
(d) An officer not
being directed to work more than 12 consecutive days without the payment of
overtime;
(e) An officer not
being directed to work more than 2 consecutive weekends; and
(f) An officer
not being directed to work more than 75 days field work per annum.
(vi) A loading of
9.7% shall be paid to all officers working on a 24-hour bandwidth in lieu of
any other penalty rates for working ordinary hours on weekends and public
holidays.
(vii) A 24 hr
bandwidth will not be implemented where the provisions as per the seven day
roster - see clause 14.3 of this award - will accommodate the operational
requirements of the PWG.
(viii) Implementation
of a 24 hr bandwidth in PWG will only occur following consultation and
agreement of the union.
14.3 Set Pattern of
Hours
14.3.1 These provisions
apply to officers in the Field Officer classification who work a set pattern of
hours within each 4 week roster period.
14.3.2 The set pattern
of hours will be decided and agreed to by the officer and their supervisor at
the time each 4 week roster is determined.
14.3.3 The starting and
finishing times set for the roster period will be within the bandwidth of 6:00
a.m. and 8:00 p.m. (Monday to Sunday) inclusive.
14.3.4 The set pattern
of ordinary hours of work, exclusive of meal breaks can be worked as:
(i) five 7 hour
22 minute days with 22 minutes accruing towards an allocated day off each 4
week roster period; or
(ii) four 9 hour
20 minute days with 35 minutes accruing towards an allocated day off each 4
week roster period.
14.3.5 The working of
four 9 hour 20 minute days per week can only occur with the Area Manager’s
approval. The officer shall give 2 weeks notice prior to the commencement of
this arrangement to the Area or Regional Manager, where possible and 2 weeks
notice of its cessation, by mutual agreement.
14.3.6 Any paid leave,
eg recreation leave, sick leave or Family and Community Service leave, and any
public holiday occurring during the settlement period, shall be a day worked
for accrual of an allocated day off.
14.3.7 Days taken as
leave without pay do not accrue any time towards an allocated day off.
15. Variation of
Hours
15.1 Where the
Department directs that the set starting and finishing times and/or days to be
worked be changed, officers shall be given at least 2 weeks notice. (This requirement
does not apply in incidents.)
15.2 Where the hours
and/or days are varied by mutual agreement between the Department and the
officer within the bandwidth, no penalty is paid.
15.3 Where the
Department provides 2 weeks notice that the hours and/or days are to be varied,
and the variation is within the bandwidth, no penalty shall apply.
15.4 Where the
Department does not provide 2 weeks notice that the hours and/or days are to be
varied, and the variation is within the bandwidth, a 25% loading on base
salary, based on a 7 hour shift, shall apply.
15.5 Where the
officer requests a variation to hours and/or days and this is agreed by the
Department, no loading shall be paid.
16. Overtime -
General
16.1 General
16.1.1 General overtime
conditions of officers under this Award shall be regulated in accordance with
the provisions contained within the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2006 or any successor instrument to that Award.
16.1.2 Overtime is
payable for all approved time worked:
(i) In excess of
7 hours per day or the daily contract hours, whichever is appropriate, where
such work is at the direction of the Department; or
(ii) Outside the
bandwidth, except where such work is associated with incidents as defined.
16.1.3 If overtime is
taken as time in lieu, it must be taken within six months of accruing.
16.2 Overtime at
Home
16.2.1 Officers covered
by this Award may work overtime from home where the nature of work allows for
it and prior approval has been sought and given.
16.2.2 No meal
allowance is paid when working overtime at home.
17. Meal Breaks
17.1 Unpaid Meal
Breaks
17.1.1 An unpaid meal
break of at least 30 minutes shall be taken no later than 5 hours after the
commencement of work.
17.1.2 In some cases,
due to the nature of the work, the meal break shall be for a set period of
time. In these cases, officers shall be
allowed at least 30 minutes.
17.2 Paid Meal
Breaks
17.2.1 Meal breaks
taken whilst working overtime shall be paid at single time rates.
17.2.2 A meal break of
30 minutes shall be taken no later than two hours after the commencement of
overtime.
17.2.3 If overtime
continues, an additional meal break of 30 minutes shall be taken after the
completion of each 5 hours worked.
18. Rest Breaks
18.1 There must be a
break of at least ten (10) consecutive hours between an officer’s normal
finishing time and normal start time. Where an officer is directed to commence
work without having had their required rest break, they will be paid overtime
rates until they are released from duty.
18.2 Where an
officer is recalled to work after their finishing time, and works for a total
of less than 4 hours, they are entitled to a rest break of at least 7
consecutive hours before their next start time, and are entitled to be paid for
any time lost. If they are directed to
return to work and have not had their rest break, they are to be paid at
overtime rates until they are released from duty.
18.3 Where an
officer is recalled to work after their finishing time, and works for a total
of more than 4 hours, they are entitled to a 10 hour rest break and shall be
paid for any time lost. Where the
officer is directed to commence work without having had their required rest
break, they will be paid overtime rates until they are released from duty.
19. Flexible Working
Hours
19.1 So as to ensure
consistent application and the orderly implementation of the new provisions
across the Department the commencement date for the provisions set out in this clause
of the Award shall be as agreed between the parties.
19.2 Ordinary
Working Hours
19.2.1 Full-time
ordinary working hours shall be an average 35 hours per week over a 4 week
period.
19.3 Bandwidth
19.3.1 Bandwidth is the
period during the day when officers may record time worked.
19.3.2 Standard
Bandwidth
(i) The Standard
Bandwidth commences at 6:00 a.m. and ceases at 8:00 p.m. for officers in
positions classified as Ranger, Senior Ranger and Assistant District Manager.
For all other officers the Standard Bandwidth is 6:00 a.m. to 6:00 p.m. unless
the officer has agreed to work their ordinary hours in a wider bandwidth until
8:00 p.m. The maximum number of hours that can be recorded as being worked
under this bandwidth is 10 hours (10.5 hours less a 0.5 hour lunch break). This
will be the bandwidth that an officer covered by this award operates under
unless their bandwidth is varied as per clause 15 above.
(ii) The Standard
Bandwidth starting and finishing times may only be varied in circumstances
where prior approval by the appropriate delegate has been granted for such a
variation. A variation may apply to a
group of officers or an individual officer.
19.4 Guarantee of
Service
19.4.1 This is the
specified period during the day between the hours of 8:30 a.m. and 4:30 p.m. on
a weekday when an appropriate level of service is maintained in PWG work
locations.
19.5 Accrual and the
taking of flex leave
19.5.1 Officers are
able to take 14 hours, ie two days (2) flex leave days, off in a settlement
period as long as they have accumulated enough hours to do so.
19.5.2 With prior
management approval, officers may accumulate a credit balance of 14-35 hours to
enable them to have up to 5 flex leave days in a settlement period, to be taken
at a mutually convenient time.
19.5.3 Officers who
continually fail to take annual leave as a result of taking extended periods of
flex leave may be placed on standard hours by management following appropriate
consultation until a reasonable leave balance is established in accordance with
the award provisions.
19.5.4 Supervisors will
have full and open 24 hour access to Officers’ time sheet records and records
pertaining to an officer’s flex leave.
19.5.5 Officers may
carry forward to the next settlement period, in accordance with paragraphs
19.5.1 and 19.5.2 above a credit balance of up to 35 hours or a debit balance
of 10 hours.
19.5.6 Flex leave can
be taken at either the beginning or end of a period of leave.
19.5.7 Flex leave can
be taken as either 1/2 days or full days. Time outside the bandwidth will not
accrue to flex time balance.
19.5.8 Officers must
have prior approval before taking flex leave.
19.5.9 On cessation of
duty Flex Credits will be dealt with in accordance with subclause 21(n) of the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006
or any successor instrument to that Award.
20. Temporary and
Casual Work Arrangements
20.1 Temporary and
casual employees will be employed by the Department in accordance with the provisions
of the Public Sector Employment and Management Act 2002.
20.2 Temporary
Officers
20.2.1 Temporary
officers may be employed by the Department on either a full time or part time
basis in any PWG classification contained in this Award for a fixed term for a
maximum period of up to three years.
Continuation of employment beyond 3 years may only be offered on a
permanent basis.
20.2.2 Temporary
officers shall be entitled to uniforms (if the position requires such use),
Annual PWG Entry Permits (if employed in excess of twelve months), training and
staff development opportunities.
20.2.3 In accordance
with the Superannuation Guarantee legislation, temporary officers are entitled
to 9% employer based contributions to First State Superannuation.
20.2.4 Temporary
officers employed for a period in excess of three months are entitled to the
accrual of leave. In the case of
temporary officers employed for less than three months, no leave accrual is
available, however, payment of 4/48ths in lieu of recreation leave will be made
on termination of employment.
20.3 Casual
Employees
20.3.1 Casual employees
shall be engaged by the Department on an irregular and intermittent basis and
shall be paid fortnightly or at the termination of engagement, whichever is the
earlier, for the number of hours worked.
20.3.2 The casual
hourly rate is determined by the following formulae:
(i) Annual salary
of the Position divided by 260.8929 divided by 7 = Base hourly rate
(ii) Rate for
Monday to Friday = base hourly rate plus 25%
(iii) Rate for
Saturday = base hourly rate plus 58%
(iv) Rate for Sunday
= base hourly rate plus 83%
(v) Rate for Public
Holidays = base rate plus 158%
20.3.3 The rate of pay
of casuals shall be set in recognition of the skills and experience of the
employee which is relevant to the work to be performed.
20.3.4 The casual
hourly rates of pay are inclusive of all forms of leave except for long service
leave entitlements which accrue according to the provisions of the Long
Service Leave Act 1955. Casuals are entitled to be paid overtime for time
worked in excess of their normal daily contract hours to the next quarter hour.
20.3.5 Overtime
payments for casuals are calculated on the ordinary base hourly rate (the 25%
loading is not included).
20.3.6 Casuals shall
also receive the following entitlements in accordance with the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006 or any successor
instrument to that Award:
(i) Unpaid
parental leave in accordance with paragraph 12 (iv)(d)
(ii) Personal
Carer’s entitlement in accordance with subclause 12(v); and
(iii) Bereavement
entitlement in accordance with subclause 12(vi).
20.3.7 This entitlement
is also set out in this award at Annexure 4 - Casual Leave Entitlements.
20.3.8 Casuals shall be
engaged and paid for a minimum of three consecutive hours for each day worked.
21. Part-Time Work
Arrangements
21.1 Part-time work
may be available to:
(i) permanent and
temporary officers who wish to work part-time in an existing position;
(ii) existing
full-time or part-time officers applying for promotion or transfer if they are
willing to work the approved hours of the position;
(iii) officers
recruited and appointed to a position where the approved hours are less than
fulltime.
21.1.1 The decision to
work part-time is voluntary. No officer
shall be directed or placed under any duress to move from full-time to
part-time employment or vice versa.
21.1.2 Officers employed
on a part-time basis may elect to work full-time at any time, subject to the
appropriate work being available for the classification and level, grade or
class of the position.
21.1.3 Return to
full-time employment before the expiry of the agreed period of part-time work
is subject to availability of work and adequate period of notice.
21.1.4 Officers employed
on a part time basis shall not be expected to carry out all of the
responsibilities of a full-time job in part-time hours.
21.1.5 Officers employed
on a part time basis shall not be subjected to pressure to be available for
work outside their usual part-time hours.
Where the nature of work may from time to time require them to work
outside agreed part-time hours any arrangements to alter the existing part time
work arrangement need to be negotiated and agreed to at the outset.
22. Job Sharing
22.1 The parties to
this Award confirm a commitment to providing flexible work conditions through
job sharing.
22.2 The Department
will support officers sharing a position provided that:
(i) the
arrangement is fair and equitable to the officers involved;
(ii) the officers
involved in the job sharing arrangement agree to the arrangement;
(iii) the
arrangement can be on a permanent or temporary basis;
(iv) the
arrangement is in the best interests of the smooth functioning of the
Department, ensuring that customer/client Department relationship is
maintained.
22.3 The days each
officer shall work should be consecutive, and negotiated and agreed to by all
parties involved before commencement of employment.
22.4 Some examples
are: 2 days one week and 3 days the next week; Thursday to Wednesday worked on
alternate weeks; Monday, Tuesday, alternate Wednesday and alternate Wednesday,
Thursday, Friday.
22.5 The officers
involved in the job share arrangement should maintain close contact to ensure
continuity of work completed by them.
23. Public Holidays
and Public Service Holiday
23.1 General
23.1.1 Unless directed
to attend for duty by the Director General or delegate, an officer is entitled
to be absent from duty on any day which is:
(i) a declared
public holiday throughout the State;
(ii) a declared
local holiday in the part of the State at or from which the officer performs
duty; and
(iii) a Public
Service Holiday in accordance with any directives issued by the DPE.
23.1.2 If a declared
local holiday falls during an officer’s absence on leave, the officer is not to
be credited with the holiday.
23.2 Monday to
Friday Workers
23.2.1 Those officers
required to work on a declared public holiday shall be paid overtime in
accordance with clause 16, Overtime.
23.2.2 Officers who are
required to work on a Public Service Holiday will be able to take a day off in
lieu within 12 months at a time agreed between the officer and their
supervisor.
23.3 Seven Day Roster Workers
23.3.1 Officers covered
by this Award may be required to perform their ordinary hours on a declared
public holiday, a declared local holiday, or a public service holiday as per
clause 14, Hours of Work.
23.3.2 Payment for time
worked on a declared public holiday will be in accordance with the provisions
of clause 14, Hours of Work or clause 16, Overtime - General; as is
appropriate.
23.3.3 Provisions of
paragraph 23.3.2 do not apply to an officer who is required to work on a Public
Service Holiday and this is not included in the specified number of public
holidays for which the loading is paid as per clause 14 of this award. The officer will be entitled to take a day
off in lieu within 12 months at a time agreed between the officer and their supervisor.
23.4 Twenty Four
Hour Bandwidth Workers
23.4.1 Officers working
a twenty four hour bandwidth may be required to work ordinary hours on a
declared public holiday, a declared local holiday or a public service holiday.
23.4.2 Such officers
shall not receive any additional payment for ordinary hours worked on a
declared public holiday or a public service holiday.
23.4.3 Such officers
shall not receive an additional day off or annual leave day for ordinary time
worked on a declared public holiday or public service holiday.
24. Leave
24.1 General
24.1.1 General leave
conditions of officers under this Award shall be regulated in accordance with
the provisions contained within:
(i) the Act and
Regulation, and
(ii) Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2006 or any
successor instrument to that Award, and
(iii) The
Department’s policies as agreed and reviewed from time to time.
24.1.2 Officers
employed on a part time basis will accrue any leave on a pro-rata basis, which
will be determined on the number of approved contract hours worked in a pay
period.
25. Recreation Leave
and Annual Leave Loading
25.1 Recreation
Leave
25.1.1 For Monday to
Friday workers paid recreation leave accrues at the rate of 20 working days per
year,
25.1.2 For Seven Day Roster Workers paid recreation leave
accrues at the rate of 30 days per year,
25.1.3 For Twenty Four
Hour Bandwidth Workers paid recreation leave accrues at the rate of 30
days per year.
25.2 Annual Leave
Loading
25.2.1 Annual Leave
loading for Monday to Friday Workers is 17.5% on the monetary value of up to 4 weeks of recreation leave accrued in
a leave year.
25.2.2 Annual Leave
loading for 7 Day Roster Workers and Twenty Four Hour Bandwidth Workers is
17.5% on the monetary value of up to 5 weeks of recreation leave accrued in a
leave year.
25.2.3 The annual
salary paid to Field Officer classifications is inclusive of annual leave
loading.
26. Family and
Community Service Leave
26.1 The application
of Family and Community Service Leave for officers covered by this award shall
be in accordance with subclause 74(a) of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006 or any successor instrument to
that Award.
26.2 The maximum amount
of Family and Community Service leave on full pay which may be granted is:
26.2.1 during the first
12 months of service - 3 working days; or
26.2.2 after the
completion of 12 months service - 6 working days in any period of 2 years; or
26.2.3 an amount
calculated by allowing 1 working day for each completed year of service after
the completion of 2 years continuous service and then deducting this from the
total amount of Family and Community Service leave previously granted to the
officer; whichever is the greater amount.
27. Excess Travel
Time
27.1 Time spent
travelling, as defined under clause 27 of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006 or any successor instrument to
that Award:
(i) Before the
agreed bandwidth commences, and up to 1 hour thereafter, and from one hour
prior to the end of the agreed bandwidth; or
(ii) commencing a
set pattern of hours as per subclause 14.3.
shall be able to be claimed as 'Travelling time'.
27.2 Provided that
Travelling time shall not include any period of travel between 11.00 p.m. on
any one day and the start of the officer's bandwidth on the following day where
the officer has travelled overnight and sleeping facilities have been provided
for the officer.
27.3 Where
organisational requirements prevent an officer taking Time Off In Lieu for
Excess Travelling Time within the timeframe under the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2006 or any successor
instrument to that Award it will be paid out by application.
27.4 The accrued
time in lieu may be added to the officer's Accrued Flex hours under subclause
19.5 to be taken at a mutually convenient time but at all times the nature of
the time being accrued i.e. time in lieu or flex time, must be clearly
distinguished and recorded by the officer.
28. Contact With
Officers on Parental and Maternity Leave
28.1 All parties
agree to implement the PWG’s Parental/Maternity Leave Contact Policy which aims
to maintain contact with officers specifically in the context of workplace
change, restructuring and office relocations and attendance at relevant
training courses.
28.2 It is
recognised that some officers may not wish to keep in contact with the
Department while they are on leave.
29. Incident
Conditions
29.1 General
29.1.1 The following
conditions apply in circumstances where an incident is declared and approved by
the Regional Manager until such time as the declaration of the incident is
lifted.
29.1.2 Flexible Working
Hours Arrangements and bandwidths will be suspended at the time of the incident
being declared for those officers involved in the incident.
29.1.3 Adjustments to
hours will be carried forward to the next settlement period.
29.1.4 On successful
completion of basic fire fighting training all officers will be issued with
appropriate personal protective and other equipment in accordance with the
Department’s Fire Management Manual as varied from time to time.
29.1.5 Officers
directed to return from annual leave to attend an Incident will be compensated
for pre paid accommodation and return travel from their leave destination to
home at either First Class Rail Travel or economy air travel for themselves and
any dependents or at Official Business Rate if a Private Vehicle is used. Officers will be further compensated by
single hourly rate for all hours travelled.
Such officers will have the same option as officers called from an
Allocated Day Off or Flexi Day Off as in paragraph 29.2.5 of this award.
29.1.6 ‘Incident
Controller’ within this clause means an officer responsible for incident
activities including the development and implementation of strategic decisions
and for approving the ordering and releasing of resources.
29.2 Conditions
29.2.1 For the purpose
of calculating payment for incident duty, the salary rate shall be the
officer's substantive salary or as prescribed in subclause 29.5 Incident
Responsibility Rates, whichever is the greater.
29.2.2 Call out to
attend an Incident will be paid at a minimum of three (3) hours overtime, or by
mutual agreement, time in lieu at overtime rates.
29.2.3 All travel to
and from an incident will be paid as if part of the Incident.
29.2.4 If an officer is
away from their own Area for the purposes of attending an Incident, and are not
required to work and it is not possible to return to their home, seven hours
normal pay will be paid per day until they return home or their usual place of
work, whichever is the sooner.
29.2.5 Officers
required to work on their Allocated Day Off/Flexi Day/Rostered Day Off will be
receive either:
(i) overtime for
the whole shift in addition to the normal pay for the day; or
(ii) overtime for
the whole shift (minus the normal days pay) plus a day off in lieu of the
rostered day off to be taken at a mutually agreed time.
29.2.6 This must be
marked clearly on time sheets or the assumption will be that the rostered day
off has been deferred.
29.3 Start and
Finish Times
29.3.1 On a normal
rostered day on, start will be from normal workplace and finish will be on
return to normal workplace plus 30 minutes.
29.3.2 On a Rostered
Day Off, start will be on leaving place of abode and finish will be on return
to place of abode plus 30 minutes.
29.3.3 Where it is not
possible to return to place of abode or normal workplace, start will be on
leaving accommodation and finish will be on return to accommodation plus 30
minutes.
29.3.4 Where an officer
is called to an Incident from their place of abode after the completion of a
normal shift, starting time will be at the time of the call, and finishing time
will be on return to accommodation plus 30 minutes.
29.4 Shift
arrangements during Incidents
29.4.1 A normal shift
is seven hours, however officers may only be required to work a maximum of
twelve hours on site. However, the
initial shift following the declaration of an Incident may extend to a maximum
of sixteen hours on site. (The
intention of this Award is to allow flexibility in exceptional circumstances;
e.g., new crews arriving late, unforeseeable worsening of the Incident).
29.4.2 A minimum eight
hour break, not including travelling time, must be taken between shifts, and
where possible a ten hour break is recommended.
29.4.3 After completion
of three consecutive shifts on incident duties or five consecutive shifts
carrying out support functions in connection with incidents (such as catering
Teams and Administrative Assistance) a twenty-four hours break with payment at
single time rates, shall be provided before continuing with incident duties or
support functions or to return to normal duties. Where officers are required to take rest break days additional to
those referred to above, such days shall also be paid at the single time rate. Officers shall not be required to take flexi
days or flex leave or use any other leave entitlement in order to have the
required rest breaks after performance of incident duties or support functions
in connection with incidents.
29.4.4 It is the
responsibility of the Incident Controller or Delegate to ensure that reasonable
shift and rest periods are adhered to.
29.5 Incident
responsibility rates
29.5.1 The level and
grading of Incident Positions, prescribed by the Australian Inter-Service
Incident Management System shall be determined in line with the Department’s
job evaluation process. Only those persons assigned to positions identified as
Incident Positions shall be paid incident responsibility rates from the date of
the making of this Award.
Table 4
|
Rate Applicable on
the making of this Award
|
|
$
|
Crew Member
|
47,046
|
Crew Leader
|
52,858
|
Sector Commander
|
58,678
|
Divisional Commander
|
66,454
|
Operations Officer
|
71,351
|
Planning Officer
|
71,351
|
Logistics Officer
|
88,363
|
Incident Controller
|
97,932
|
Deputy Incident Controller
|
|
Safety Officer
|
|
Situation Officer
|
|
Situation Unit Leader
|
|
Resource Officer
|
|
Resource Unit Leader
|
|
Air Attack Supervisor
|
|
Air Operations Manager
|
|
Air Observer
|
|
Airbase Manager
|
|
29.5.2 Officers with
specific skills assigned to work in any of the identified incident positions listed
in Table 4 will be paid at their substantive hourly rate or at incident
responsibility rate, whichever is the greater. For officers on higher duties or
on temporary appointment the substantive hourly rate will be the hourly rate
they were paid when the incident was declared for the duration of their
relieving period or temporary appointment.
29.5.3 Where the level
and grading of any new or additional incident positions has not been determined
officers will be paid their substantive hourly rate or for officers on higher duties or temporary
appointment the hourly rate that they were paid when the incident was declared
for the duration of their relieving period or temporary appointment.
29.5.4 The overtime
barrier rate does not apply to incident situations, except for officers of the
SES.
29.5.5 Officers must be
appointed to or exercise the responsibilities of an incident responsibility
position for a minimum of three hours to receive incident responsibility
rates. Those required to undertake
responsibility for less than three hours have the opportunity to develop
experience.
29.5.6 When new
incident positions are created they will be evaluated to determine the
appropriate salary and existing incident positions may be reviewed at the same
time.
29.5.7 Incident
responsibility rates will move in line with the Crown Employees (Public Sector
- Salaries 2007) Award or any successor instrument to that Award.
29.6 Payment
associated with Incidents
29.6.1 This replaces
the provisions of clause 16, Overtime, in relation to overtime worked in
respect of incidents.
29.6.2 Payment will be
calculated as follows:
(i) Double time
for all hours from start of incident regardless of day, night, Saturday, Sunday
or Public Holidays.
29.6.3 No officer shall
have time deducted from pay for meal breaks unless they are actually relieved
of Incident Duties for the period of the break and clean up time; e.g., 30-45
minutes. Where meals are provided to an
officer on the ground and eaten in conjunction with incident duties, no
deduction will be made from pay.
29.7 Family and
Dependent Care During Incident Conditions
29.7.1 The Department
will compensate officers for additional dependent care expenses (receipts must
be provided) relating to time worked during the incident. This must be arranged with the Incident
Controller as soon as practical and each case will be assessed by the Incident
Controller.
29.7.2 The Department
will notify a nominated family member or friend as to the whereabouts of
officers when extended shifts are required.
29.8 Provision of
meals and accommodation while working on Incident
29.8.1 The Department
will generally provide meals including breakfast, lunch, and dinner, and
provide supper for officers working night shift.
29.8.2 Officers
commencing at their normal workplace will provide their first meal where the
meal break falls within their normal seven hour shift.
29.8.3 If no meal is
supplied, a payment of $15.00 per meal is made.
29.8.4 Wherever
possible officers will be allowed to return home or the Department will provide
accommodation in a hotel or motel.
29.8.5 Where returning
home or to other accommodation is not possible or practical and the officers
are required to camp, they will be paid the Field Allowance set out in
subclause 7.3, Allowances, of this Award.
29.9 Standby
Associated with Incidents
29.9.1 When an incident
is declared appropriately trained and qualified officers may be required to be
on standby outside normal rostered working hours.
29.9.2 These provisions
do not apply to classifications where standby is a usual and regular part of
their duties such as sewage treatment plant officers. Such classifications will be paid on call allowance in accordance
with the provisions of clause 8 of this Award.
30. Working from Home
30.1 Supervisors may
allow officers to work from home; however, working from home is not to be a
routine arrangement.
30.2 Officers
covered by this Award may be given approval to work from home from time to
time.
30.3 Greater access
to working from home is to be given to officers where:
(i) family
members are sick; or
(ii) where a
project/report requires urgent completion and for productivity reasons working
from home will achieve this;
(iii) for weekend
and night emergency incident management; and
(iv) where the
nature of the work allows for it.
30.4 In some cases
where family members are sick, officers may work from home and combine this
with their entitlement to family and community service leave (where available
and appropriate).
30.5 When working at
home, officers must ensure that they are contactable by their office.
30.6 Officers are
covered by workers’ compensation where prior approval has been given to the
officer to work from home.
31. Dependent Care
31.1 Where
dependents of the officer are sick and require care, the Department will
continue to support the officer in the following ways:
(i) Family and
community service leave may be taken by an officer to attend to any medical
needs a dependent may have; or
(ii) Where
circumstances allow, an officer may negotiate with their supervisor to work at
home.
31.2 In
circumstances where an officer with a sick dependent is required to attend to
work that can not be completed from home (e.g. an urgent meeting) assistance
will be available to pay for additional costs associated with in home care for
the dependent, subject to the provision of receipts.
31.3 The Department
will meet the additional costs involved in before or after school care, where
an officer is required to work beyond their regular hours, resulting in
additional cost to the officer for child care, in an accredited child care
program, subject to the provision of receipts.
Each application will be determined on its merits.
31.4 The parties
reaffirm their commitment to providing dependent care assistance:
(i) To enable
officers to attend residential training and development activities.
(ii) To officers
required to work during emergency situations
(iii) To ensure
officers are able to perform duties in relation to incidents knowing their
dependents are safe and cared for in a similar manner to that which they would
provide themselves.
31.5 The Department
will compensate the officer for additional dependent care expenses relating to
hours worked during an incident.
32. Families and
Field Work
32.1 Officers
covered by this Award from time to time will be required to undertake either
field work or to work away from their normal headquarters.
32.2 Officers who
wish to be accompanied by a family member on single day trips, must obtain
approval from their supervisor or reporting officer prior to the trip for the
purpose of insurance coverage.
32.3 Officers who
wish to be accompanied by a family member on working trips of more than one day
must obtain approval from their Area Manager or Regional Manager.
33. Training and
Development
33.1 The parties to
this Award confirm a commitment to skill development for officers of the
Department.
33.2 The training
and development of officers covered by this Award will be linked to the
Performance Management and Development System or any replacement Performance
Management System agreed to by the parties. Staff Development Plans will be
established through the system and be relevant to the officer's current
position and their future career path.
33.3 All Training
and development will be managed and conducted in accordance with the
Department’s Learning and Development Framework as varied from time to time.
33.4 Dependent care
assistance (by way of payment for dependent care) may be provided to enable
officers with dependent responsibilities to pursue residential training and
development opportunities.
34. Study Assistance
34.1 DECC will
support officers gaining additional skills through formal study and who are
progressing through their course in a consistent way based on the timeframe
indicated by the providing institution.
Where a subject is failed an intention to catch-up must be demonstrated.
34.2 Officers are
entitled to apply for study time and study leave in accordance with the
provision of the Personnel Handbook 1999 or subsequent revision.
34.3 The following
costs associated with courses:
(i) Higher
Education Contribution Help scheme Fee; or
(ii) TAFE
compulsory fees: or
(iii) Compulsory
post-graduate fees; or
(iv) Compulsory
full fee paying course fees will be reimbursed by the Department in accordance
with the guidelines following.
34.4 The proportion
of fees to be reimbursed where the officer’s application for study assistance
has been approved under these guidelines, and:
(i) is their
first qualification as an officer of DECC: 100% to a maximum of $4,000 per
annum refunded where the resultant qualification is directly relevant to DECC
operations or needs and is approved as such by the Director General; or
(ii) is their
second or successive qualification as an officer of DECC: 50% refunded to a
maximum of $2,000 per annum where the resultant qualification is directly
relevant to DECC operations or needs and is approved as such by the Director
General.
34.5 Approval for
assistance will be considered annually and refunds will be paid for a maximum
of six annual approvals up to a total amount of $24,000 in respect of paragraph
34.4 (i) or $12,000 in respect of paragraph 34.4 (ii) of this clause, where other requirements have been met as in
subclause 34.7 below.
34.6 At the
discretion of the Director General and where the Director General determines
that it is in the interests of the Department, approval may be given for a
maximum of eight annual approvals as set out in subclause 34.4 above.
34.7 To be eligible
to receive a refund, an officer must:
(i) have been
employed in the Department prior to the final examination in the academic
period under consideration and also be in employment on the date reimbursement
is requested;
(ii) produce
evidence of having successfully completed a full stage of an approved course
(or the subjects enrolled in at the start of a semester/year); and
(iii) produce
receipts substantiating payments made for compulsory fees or HECS fee incurred.
34.8 Officers who
receive prior approval for study assistance for a particular course, or
qualification under either the EPA, NPWS or Resource NSW policies that existed
prior to the implementation of this award, shall continue to receive their
financial assistance in accordance with those policies and their current
approval for that specific course or qualification. Any new course of study and new application to study will be
dealt with under paragraph 34.4 (ii).
34.9 Where there is
no break in the continuity of study and given successful completion of approved
study under paragraph 34.4 (i) any subsequent application for study assistance
will be treated as a second application under paragraph 34.4 (ii) of this
clause.
34.10 From the 1st
January 2008 staff who seek financial assistance for study, will be covered by
the new provisions set out in the MOU.
34.11 The costs
associated with courses as outlined in paragraphs 34.3(i)-(iv) above are based
on current 2006 costs. The parties to
this Award agree, where there is a significant increase in costs the parties
shall seek to resolve any increase in the listed amounts in paragraphs 34.4 (i)
and 34.4 (ii) above. Where no agreement
is reached leave is reserved to seek the assistance of the Industrial Relations
Commission.
35. Training
Competency
35.1 The parties
agree to an ongoing commitment to the development and implementation of
appropriate competencies based on the relevant skill and qualification
requirements at each level. Such
competencies shall be developed having regard to National Training Competency
standards.
36. Engagement of
Contractors
36.1 The Department
is committed to establishing a consultative process regarding the use,
including supervision, of contractors by the Department. The parties agree that the engagement of
contractors will occur in limited circumstances and in accordance with all
applicable policies of the Public Employment Office, as varied from time to
time.
36.2 Supervisors
should, where appropriate, be from the same vocational group as the work being
contracted, or be an appropriately qualified person. The parties will consult on the level of supervision required.
37.
Anti-Discrimination
37.1 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.
37.2 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
discriminatory effect.
37.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an officer because the officer has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
37.4 Nothing in this
clause is to be taken to affect:
(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 jurisdiction.
37.5 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.
NOTES
Employers and officers may also be subject to
Commonwealth anti-discrimination legislation.
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."
38. Redundancy
Entitlements
38.1 Redundancy
provision payments will be made in accordance with the NSW Government’s
Managing Displaced Employees Policy, as varied from time to time.
39. Workplace
Environment
39.1 The Department
will ensure that all officer are provided with a work environment that at least
meets minimum acceptable standards. All
workshops will meet the requirements of the Occupational Health and Safety
Act 2000.
39.2 While there are
no requirements for office workplaces, the Department agrees to provide
officers covered by this Award with reasonable conditions and space.
39.3 Smoking is
prohibited at all indoor PWG workplaces and in Department vehicles.
40. Housing
40.1 The parties
agree to consult on future issues related to Department-owned housing including
the preparation of briefs for valuers.
40.2 All officers
occupying a Department house will be required to sign a tenancy agreement.
41. Consultation and
Monitoring
41.1 The parties
agree to continued consultation to ensure the implementation of more flexible
work patterns and arrangement in accordance with the requirements of the
Memorandum of Understanding (August 2006).
42. Industrial
Grievance Procedure
42.1 General
42.1.1 The aim of this
procedure is to ensure that, during the life of this Award, industrial
grievances, (including grievances within the meaning of the Anti-Discrimination
Act 1977) or disputes are prevented or resolved as quickly as possible at
the level they occur in the workplace.
42.1.2 The parties
agree that whilst the procedures contained in this Clause are being followed,
there is an expectation that normal work will continue.
42.1.3 In seeking a
resolution to any industrial dispute or industrial grievance, the Department
may be represented by an industrial organisation of employers, and the Officers
of the Department may be represented by an industrial organisation of officers.
42.1.4 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 - General or delegate.
42.2 Steps to
Resolve Industrial Grievances or Disputes
42.2.1 When a dispute
or grievance arises, or is considered likely to occur, the following steps are
to be followed:-
Step 1. The matter
is discussed between the officer(s) and the Reporting Officer or other
appropriate officer concerned and addressed within one week.
The Officer(s) concerned may discuss the matter with
the Union delegate, if so desired.
Step 2. If, after
a week since the matter was discussed with the Union delegate and the Reporting
Officer the matter remains unresolved, the officer(s) concerned may discuss the
matter with the Union delegate and the Branch Director. If the matter remains unresolved follow Step
3.
Step 3. If, after
a week since the matter was discussed with the Union delegate and the Branch
Director, the matter is still unresolved, the officer(s) concerned may discuss
the matter with the Branch Director, a representative of the Human Resources
Branch and a Union delegate and/or official.
Where it is agreed by the parties, and the matter is of
an urgent nature, the officer may go to Step 3 immediately. In the event that
the parties agree to go to Step 3 immediately, no more than a week should
elapse since the matter was first raised until Step 4 is followed.
Step 4. The matter
is discussed between senior representatives of the Department and the relevant
Union. The parties agree to exhaust the process of conciliation before
considering Step 5 below.
It is agreed that the parties will not deliberately
frustrate or delay these procedures. All efforts are to be made to resolve the
matter promptly. The conciliation process should take no longer than one month,
unless the parties agree to a longer period.
Step 5. If no
resolution is found, the matter may be referred to the Industrial Registrar in
order for the Industrial Relations Commission or Industrial Court to exercise
their functions under the Industrial Relations Act 1996.
43. Deduction of
Union Membership Fees
43.1 The Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales shall provide the Department with a schedule setting out it’s
fortnightly membership fees’ payable by its members in accordance with the its
rules.
43.2 The Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales shall advise the Department of any change to the amount of
fortnightly membership fees made under its rules. Any variation to the schedule
of its fortnightly membership fees payable shall be provided to the Department
at least one month in advance of the variation taking effect.
43.3 Subject to
subclauses 43.1 and 43.2 above, the Department shall deduct the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales fortnightly membership fees from the pay of any officer who is a
member of the Association in accordance with the it’s rules, provided that the
officer has authorised the Department to make such deductions.
43.4 Monies so
deducted from the officer’s pay shall be forwarded regularly to the Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales together with all necessary information to enable it to reconcile
and credit subscriptions to officers’ membership accounts.
43.5 Unless other
arrangements are agreed by the Department and the Public Service Association
and Professional Officers' Association Amalgamated Union of New South Wales,
all Union membership fees shall be deducted on a fortnightly basis.
43.6 Where an
officer has already authorised the deduction of Public Service Association and
Professional Officers' Association Amalgamated Union of New South Wales
membership fees from his or her pay prior to this clause taking effect, nothing
in this clause shall be read as requiring the officer to make a fresh
authorisation in order for such deductions to continue.
44. Saving of Rights
44.1 At the time of
making 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 condition of
employment as a consequence of making this Award.
45. No Extra Claims
45.1 It is a term of
this award that the union will not pursue any additional claims or improvements
to wages and/or conditions of employment during the term of the award.
45.2 The Union
reserves the right to pursue increases in respect to Remote Areas allowance as
defined under subclause 7.4 of this award.
46. Area, Incidence
and Duration
46.1 This Award will
apply to officers and casual employees in classifications covered by the Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales, employed within the Parks and Wildlife Group of the Department
of Environment and Climate Change.
46.2 This Award will
not apply to officers:
(i) transferred
to the Department under Administrative Order of 2 April 2007 and subsequent
Orders which established the Department of Environment and Climate Change
effective 27 April 2007; or
(ii) employed in
the Senior Executive Service (SES); or
(iii) employed in
the Botanic Gardens Trust; or
(iv) whose current
conditions and entitlements are determined by the Crown Employees (Department
of Environment and Climate Change - Parks and Wildlife Group) Field Officers
and Skilled Trades Salaries and Conditions 2007 Award or any successor
instrument to that Award; or
(v) whose current
conditions and entitlements are determined by the Flight Officers Enterprise
Agreement 2006 or any successor instrument to that Agreement.
46.3 The award shall
take effect on and from 6 November 2007 and shall remain in force for a period
of three years, unless varied or rescinded earlier in accordance with the
provisions of the Industrial Relations Act 1996.
46.4 This award
rescinds and replaces the Crown Employees (National Parks and Wildlife Service)
Conditions of Employment 2000 Award published 23 July 2004 (345 I.G. 411).
46.5 This award
rescinds and replaces the National Parks and Wildlife Service Enterprise Field
Officers’ (Kosciusko and Georges River National Parks) Hours of Work Enterprise
Agreement.
46.6 Where this
award is silent provisions contained in the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006, or any successor instrument to
that Award apply to officers covered by this Award.
PART B
Annexure 1
Salary Schedule
for Ranger Classifications
Classification and
Grades
|
1.7.06
|
1.7.07
|
|
Per annum
|
Per annum
|
|
$
|
$
|
Ranger Classification
|
|
|
Trainee Rangers
|
|
|
1st year of service
|
39,891
|
41,487
|
2nd year of service
|
40,608
|
42,232
|
3rd year of service
|
41,832
|
43,505
|
4th year of service
|
42,582
|
44,285
|
5th year of service
|
43,024
|
44,745
|
6th year of service
|
43,646
|
45,392
|
Rangers
|
|
|
Grade 1
|
|
|
1st level
|
43,646
|
45,392
|
2nd level
|
45,363
|
47,178
|
3rd level
|
47,894
|
49,810
|
4th level
|
51,332
|
53,385
|
5th level
|
56,578
|
58,841
|
6th level
|
59,889
|
62,285
|
Grade 2
|
|
|
1st year
|
61,083
|
63,526
|
2nd year
|
62,896
|
65,412
|
3rd year
|
64,810
|
67,402
|
4th year
|
67,415
|
70,112
|
Senior Ranger
|
|
|
1st year & thereafter
|
72,455
|
75,353
|
Assistant District Manager
|
|
|
Grade 1
|
74,614
|
77,599
|
Grade 2
|
79,844
|
83,038
|
Grade 3
|
86,299
|
89,751
|
Grade 4
|
89,959
|
93,557
|
District Manager
|
|
|
Grade 1
|
76,715
|
79,784
|
Grade 2
|
82,226
|
85,515
|
Grade 3
|
89,959
|
93,557
|
Grade 4
|
95,595
|
99,419
|
Grade 5
|
99,806
|
103,798
|
Progression
Criteria
Rangers
All ranger positions shall be at the level of Grade
1/2. Progression shall be subject to
the ranger meeting the required progression criteria and competency levels as
set out in the competency document
Where an employee fails to progress, it shall be the
responsibility of the Area Manager to discuss the reasons for the decision with
the employee concerned. The discussion
should also identify areas where additional competencies or necessary training
are required.
Progression
Trainee Ranger
Progression from level to level shall be subject to:
(a) the successful
completion of 6 subjects; and
(b) satisfactory
service at the previous salary level.
Progression from Trainee Ranger to Ranger Grade 1 shall
be subject to the employee having successfully completed a 3 year degree from a
recognised university in a discipline appropriate to the field operations of
the Service, and satisfactory work performance.
Ranger Grade 1/2
Progression from level to level within Grade 1 shall be upon
the attainment of the competencies set out in the attached schedule. Rangers will be initially appointed to Level
1 or such other level as is appropriate to their qualifications and competency
levels. Once the ranger has obtained
the competencies at Level 1 and has been at that level for at least 6 months,
they can apply to be assessed for progression to Level 2.
Progression from Grade 1 to Grade 2 shall be subject to:
(a) completion of
12 months satisfactory service at Ranger Grade 1 Skill Level 6;
(b) the employee
having demonstrated competency in specific skills as shown in the schedule; and
(c) the
Director-General being satisfied that the employee’s performance and nature and
quality of work performed warrants progression.
Qualifications - grandfathered provisions
As of 1 April, 2000, all new officers appointed to Ranger,
Senior Ranger, Assistant District Manager, and District Manager classifications
must have an appropriate degree.
Officers employed prior to 1 April 2000 who have an
Associate Diploma in an appropriate discipline to the field operations of the
Department are encouraged to update their qualification to degree level for
promotional purposes. Officers updating
their qualifications will be eligible for study assistance.
Annexure 2
Salary Schedule
for Project/Research Officer Classification
Classification and
Grades
|
1.7.06
|
1.7.07
|
|
Per annum
|
Per annum
|
|
$
|
$
|
Grade 1
|
|
|
1st year
|
45,203
|
47,011
|
2nd year
|
46,653
|
48,519
|
3rd year
|
50,892
|
52,928
|
4th year
|
54,869
|
57,064
|
5th year
|
58,821
|
61,174
|
Grade 2*
|
|
|
1st year
|
63,007
|
65,527
|
2nd year
|
64,851
|
67,445
|
3rd year
|
66,796
|
69,468
|
Grade 3*
|
|
|
1st year
|
70,160
|
72,966
|
2nd year
|
72,412
|
75,308
|
3rd year
|
74,653
|
77,639
|
4th year
|
76,140
|
79,186
|
Grade 4*
|
|
|
1st year
|
76,870
|
79,945
|
2nd year
|
79,081
|
82,244
|
Grade 5
|
|
|
1st year
|
83,090
|
86,414
|
2nd year
|
86,615
|
90,080
|
Grade 6
|
|
|
1st year
|
92,040
|
95,722
|
2nd year
|
93,006
|
96,726
|
* Progression criteria applies
|
|
|
Salary Schedule
For Project Officer (Aboriginal Positions) Classification
This classification applies to positions responsible for the
management of Aboriginal cultural heritage and/or Aboriginal sites, where
Aboriginality is a legitimate and essential selection criteria and the Service
determines that a degree is not necessary.
Classification and
Grades
|
1.7.06
|
1.7.07
|
|
Per annum
|
Per annum
|
|
$
|
$
|
Project Officer (Aboriginal Positions)
|
|
|
Grade 1
|
|
|
1st year
|
45,203
|
47,011
|
2nd year
|
46,653
|
48,519
|
3rd year
|
50,892
|
52,928
|
4th year
|
54,869
|
57,064
|
5th year
|
58,821
|
61,174
|
Grade 2*
|
|
|
1st year
|
63,007
|
65,527
|
2nd year
|
64,851
|
67,445
|
3rd year
|
66,796
|
69,468
|
Grade 3*
|
|
|
1st year
|
70,160
|
72,966
|
2nd year
|
72,412
|
75,308
|
3rd year
|
74,653
|
77,639
|
4th year
|
76,140
|
79,186
|
Grade 4*
|
|
|
1st year
|
76,870
|
79,945
|
2nd year
|
79,081
|
82,244
|
Grade 5
|
|
|
1st year
|
83,090
|
86,414
|
2nd year
|
86,615
|
90,080
|
Grade 6
|
|
|
1st year
|
92,040
|
95,722
|
2nd year
|
93,006
|
96,726
|
*Progression criteria applies
|
|
|
Progression
Project/Research Officer Grade 1
Appointment to Project/Research Officer Grade 1 shall be by
competitive selection for advertised vacancies.
Project/Research Officer Grade 2
Progression from Project/Research Officer Grade 1 to
Project/Research Officer Grade 2 shall be by:
(a) 12 months
satisfactory service on the maximum salary of Project/Research Officer Grade 1;
and
(b) the employee
having demonstrated a capacity to undertake research involving a degree of
originality and independence or to perform work of equivalent importance or
value; or
(c) in the case of
an employee not employed on research, the employee having demonstrated ability
and initiative in the performance of his/her duties and the nature and quality
of the work performed warrants such progression.
Project/Research Officer Grade 3
Progression from Project/Research Officer Grade 2 to
Project/Research Officer Grade 3 shall be by:
(a) 12 months
service on the maximum salary of Project/Research Officer Grade 2; and
(b) the Public
Employment Office being satisfied that he/she is responsible to the Head of the
Unit for all of the work carried out in his/her individual field and has made
original contributions of a recognised high scientific level in his/her
professional field of work and that he/she is recognised as an authority
therein; or
(c) in the case of
an employee engaged primarily in applied or adaptive research, the Public
Employment Office being satisfied that he/she is responsible to the Director
for all applied or adaptive research in his/her particular field of work and is
recognised as an authority therein; or
(d) in the case of
an employee primarily engaged in advisory work, the Public Employment Office
being satisfied that the quality of the work of the employee warrants such
progression.
Project/Research Officer Grade 4
Progression from Project/Research Officer Grade 3 to
Project/Research Officer Grade 4 shall be by:
(a) 12 months
satisfactory service on the salary of Project/Research Officer Grade 3 Year 3;
and
(b) the employee’s
qualifications, ability, reputation, standing and work in the employee’s
professional field, or the extent to which the employee is required to
supervise and give professional direction of a significant nature to officers
of an equivalent salary/grade are, or is such, that he/she would not continue to
be fairly remunerated at the level of the salary prescribed in this Award or
equivalent classification. Any decision
as to the employees to whom such salary shall be payable shall be that of the
Public Employment Office.
Project/Research Officer Grades 5 and 6
Appointment to this grade shall be by way of competitive
selection for advertised vacancies.
Performance Review Committee
Suitability for progression to Project Officer Grade 3 and
Grade 4 will be evaluated by a Performance Review Committee comprising:
(a) the relevant
Executive Director or nominee;
(b) an independent
person having professional status in the field relevant to the Project/Research
Officer’s area of expertise; and
(c) a
representative of the Public Employment Office.
Annexure 3
Salary Schedule
for Field Officer Classification
Classification and
Grades
|
1.7.06
|
1.7.07
|
|
Per annum
|
Per annum
|
|
|
$
|
$
|
|
Field Officer
|
|
|
|
Trainee
|
|
|
|
1st year
|
36,972
|
NA
|
|
2nd year
|
37,923
|
NA
|
|
Field Officer Base Grade 1/2
|
|
|
|
Employees Engaged on or after 1 July 2007
|
Grade 1
|
|
|
Year 1
|
NA
|
35,658
|
Year 2
|
NA
|
36,558
|
Grade 2
|
|
|
Year 1
|
NA
|
37,402
|
Year 2
|
NA
|
39,146
|
|
|
|
Field Officer Grade 1/4
|
|
|
Employees Engaged on or after 1 July 2007
|
|
|
Grade 1
|
|
|
1st year
|
NA
|
35,658
|
2nd year
|
NA
|
36,558
|
Grade 2
|
|
|
1st year
|
NA
|
37,402
|
2nd year
|
NA
|
39,146
|
Grade 3 (A)
|
|
|
1st year
|
NA
|
44,668
|
2nd year
|
NA
|
45,456
|
Grade 4 (A)
|
|
|
1st year
|
NA
|
46,728
|
2nd year
|
NA
|
47,572
|
|
|
|
Field Officer Grade 1/4
|
|
|
Employees engaged on or before 30 June 2007
|
|
|
Grade 1
|
|
|
1st year
|
40,418
|
41,227
|
2nd year
|
41,175
|
41,997
|
Grade 2
|
|
|
1st year
|
41,792
|
42,628
|
2nd year
|
42,592
|
43,444
|
Grade 3 (A)
|
|
|
1st year
|
43,367
|
44,668
|
2nd year
|
44,132
|
45,456
|
Grade 4 (A)
|
|
|
1st year
|
44,931
|
46,728
|
2nd year
|
45,742
|
47,572
|
|
|
|
Field Officer Grade B3/B4
|
|
|
Employees engaged on or before 30 June 2007
|
|
|
Grade 3 (B)
|
|
|
1st year
|
43,367
|
44,668
|
2nd year
|
44,132
|
45,456
|
Grade 4 (B)
|
|
|
1st year
|
44,931
|
46,728
|
2nd year
|
45,742
|
47,572
|
|
|
|
Senior Field Officer
and Senior Field Officer (Plant)
|
Grade 1
|
|
|
|
1st year
|
46,535
|
48,628
|
|
2nd year
|
47,176
|
49,455
|
|
Grade 2
|
|
|
|
1st year
|
47,975
|
50,456
|
|
2nd year
|
48,826
|
51,511
|
|
|
|
|
|
|
|
Grade 3 (Geographic)
|
|
|
1st year
|
49,243
|
NA
|
2nd year
|
50,085
|
NA
|
|
|
|
Field Supervisor
|
|
|
Grade 1
|
|
|
1st year
|
50,502
|
53,279
|
2nd year
|
51,380
|
54,500
|
Grade 2
|
|
|
1st year
|
52,037
|
55,720
|
2nd year
|
52,969
|
56,942
|
Classification and Grades
|
|
|
|
1.7.06
|
|
1.7.07
|
|
Per annum
|
|
Per annum
|
Senior Field Supervisor
|
$
|
|
$
|
|
|
Grade 1
|
|
1st year
|
54,876
|
1st year
|
61,778
|
2nd year
|
55,815
|
2nd year
|
63,296
|
|
|
Grade 2
|
|
|
|
1st year
|
64,815
|
|
|
2nd year
|
66,333
|
Progression
Criteria for Field Officer Classification
Progression Criteria
Field Officers
All Field Officer positions shall be at either the level of
Field Officer Grade 1-2 or Field Officer Grade 1-4. Field Officers shall progress by annual increment subject to
meeting the required progression criteria and competency levels as specified in
this Annexure.
Where a Field Officer fails to progress, it shall be the
responsibility of the Area Manager to discuss the reasons for the decision with
the officer concerned. The discussion
should also identify areas of where additional competencies or necessary
training, where appropriate.
Field Officer Grade 1
Appointment to this grade shall be subject to competitive
selection for advertised vacancies.
Appointment to this grade shall also be subject to:
(a) possession of
a current drivers licence; and
(b) the officer
having demonstrated the essential competencies from the Field Officer’s
competency schedule for Field Officer Grade 1.
Field Officer Grade 2
Progression to the level of Field Officer Grade 2 shall be
subject to:
(a) 12 months
satisfactory service at Field Officer Grade 1;
(b) possession of
a current drivers licence; and
(c) the officer
having demonstrated the essential competencies from the Field Officer
competencies schedule for Field Officer Grade 2, as certified by the direct
supervisor and the Regional Manager.
Field Officer Grade 3
Progression to the level of Field Officer Grade 3 shall be
subject to:
(a) 12 months
satisfactory service at Field Officer Grade 2;
(b) drivers
licence; and
(c) the officer
having demonstrated the essential competencies from the Field Officers
Competency Schedule for Field Officer Grade 3 as certified by the direct
supervisor and Regional Manager.
In addition, joint assessment and certification by the
Regional Manager and the direct supervisor that the officer is competent at
performing the range of work required of a Field Officer Grade 3 and is also
able to demonstrate the efficient application of the skills/qualifications
attained.
Field Officer (Plant) Grade 3
This is an established position for a full time plant
operator.
Appointment to this position shall be subject to:
(a) the officer
having demonstrated the essential competency from the Field Officer Competency
schedule and these competencies being certified by the direct supervisor and
Regional Manager; and
(b) the officer
possessing the relevant certificates of competency from the Work Cover
Authority.
Provided further that appointment to Field Officer
Plant shall be subject to competitive selection for advertised vacancies or by
way of transfer.
Field Officer Grade 4
Progression to Field Officer Grade 4 shall be subject to:
(a) 12 months
satisfactory service of Field Officer Grade 3; and
(b) all the
essential and 10 desirable competency requirements for a Field Officer Grade 3
from the Field Officer competencies schedule as certified by direct supervisor
and Regional Manager.
Field Officer (Plant) Grade 4
Progression to Field Officer (Plant) Grade 4 shall be
subject to:
(a) 12 months
satisfactory service on salary of Field Officer (Plant) Grade 3; and
(b) all the
essential and 10 desirable competency requirements of a Field Officer (Plant)
Grade 3 and these being certified by the direct supervisor and the Regional
Manager.
Senior Field Officer Grade 1
Appointment to the position of Senior Field Officer Grade 1
shall be subject to:
(a) competency
requirements for appointment to Field Officer Grade 4.
The Senior Field Officer Grade 1 is the minimum
classification for officers responsible for direct supervision of National
Parks and Wildlife Service officers, volunteers and contractors.
Senior Field Officer (Plant) Grade 1
Appointment to the position of Senior Field Officer (Plant)
Grade 1 shall be subject to:
(a) competency
requirements for appointment to Field Officer (Plant) Grade 4; and
(b) the officer
having demonstrated all the essential competencies as certified by direct
supervisor and Regional Manager.
Provided further that appointment to Senior Field
Officer Grade 1 and Senior Field Officer (Plant) Grade 1, shall be subject to
competitive selection for advertised vacancies.
Senior Field Officer Grade 2
Progression to the position of Senior Field Officer Grade 2
shall be subject to:
(a) 12 months
satisfactory service at Senior Field Officer Grade 1
(b) the officer
meeting the competency requirements for appointment to Senior Field Officer
Grade 1; and
(c) the officer
having demonstrated all essential and 5 desirables for Senior Field Officer
Grade 2, as certified by the direct supervisor and the Regional Manager.
Senior Field Officer (Plant) Grade 2
Progression to the position of Senior Field Officer (Plant)
Grade 2 shall be subject to:
(a) 12 months
satisfactory service at Senior Field Officer (Plant) Grade 1;
(b) competency
requirements for appointment to Senior Field Officer Grade 1 (Plant); and
(c) the officer
having demonstrated all essential and 5 desirable competencies for Senior Field
Officer Grade 2 (Plant), as certified by direct supervisor and Regional
Manager.
Senior Field Officer Grade 3
This is a geographic position which will apply to smaller
Areas where by virtue of their size, a Field Supervisor is not justified, but
where as a consequence of the range of duties undertaken, the Senior Field
Officer would do the work of a Field Supervisor.
Progression to the positions of Senior Field Officer Grade 3
is subject to:
(a) the officer
having demonstrated the appropriate level of skill and competency for the level
of Senior Field Officer Grade 3.
Field Supervisor Grade 1
Appointment to the position of Field Supervisor Grade 1
shall be subject to:
(a) competency
requirements for appointment to Field Supervisor Grade 1. Senior Field Officer (Plant) are also eligible
for appointment but must demonstrate the wider skills required for general
Senior Field Officer classification; and
(b) the officer
having demonstrated the appropriate level of competency for Field Supervisor
Grade 1, as certified by direct supervisor and Regional Manager.
Field Supervisor Grade 2
Progression to the position of Field Supervisor Grade 2
shall be subject to:
(a) 12 months
satisfactory service at Field Supervisor Grade 1; and
(b) competency
requirements for appointment to Field Supervisor Grade 2 as certified by direct
supervisor and Regional Manager. Senior
Field Officers (Plant) are also eligible for appointment but must demonstrate
the wider skills required for general Senior Field Officers competencies.
Senior Field Supervisor
Appointment to the level of Senior Field Supervisor Grade 1
shall be subject to:
(a) the officer
demonstrating all essential competency requirements for appointment to Field
Supervisor Grade 2, as certified by direct supervisor and Regional Manager.
Appointment to this classification shall be subject to
competitive selection for advertised vacancies.
Annexure 4
Casual Leave
Entitlements
Casual employees are entitled to unpaid parental leave under
Chapter 2, Part 4, Division 1, section 54, Entitlement to Unpaid Parental
Leave, in accordance with the Industrial Relations Act 1996. The following provisions shall apply in
addition to those set out in the Industrial Relations Act 1996 (NSW).
The Department Head must not fail to re-engage a regular casual
employee (see section 53(2) of the Act) because:
(i) the employee
or employee's spouse is pregnant; or
(ii) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
Personal Carers entitlement for casual employees
(i) Casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a family member described in clause 26 who is sick and
requires care and support, or who require care due to an unexpected emergency,
or the birth of a child. This entitlement is subject to the evidentiary
requirements set out below in (iv), and the notice requirements set out in (v).
(ii) The
Department Head and the employee shall agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up to
48 hours (i.e. two days) per occasion. The casual employee is not entitled to
any payment for the period of non-attendance.
(iii) A Department
Head must not fail to re-engage a casual employee because the employee accessed
the entitlements provided for in this clause. The rights of an employer to
engage or not to engage a casual employee are otherwise not affected.
(iv) The casual
employee shall, if required,
(a) establish
either by production of a medical certificate or statutory declaration. the illness
of the person concerned and that the illness is such as to require care by
another person, or
(b) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
(c) In normal
circumstances, a casual employees must not take carer's leave under this
subclause where another person has taken leave to care for the same person.
(v) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the employee will inform the employer
within 24 hours of the absence.
Bereavement entitlements for casual employees
Casual employees are entitled to not be available to attend
work, or to leave work upon the death in Australia of a family member on
production of satisfactory evidence (if required by the employer).
The Department Head and the casual employee shall agree on
the period for which the employee will be entitled to not be available to
attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance
A Department Head must not fail to re-engage a casual
employee because the employee accessed the entitlements provided for in this
clause. The rights of an employer to
engage or not engage a casual employee are otherwise not affected.
The casual employee must, as soon as reasonably practicable
and during the ordinary hours of the first day or shift of such absence, inform
the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during
the ordinary hours of the first day or shift of such absence, the employee will
inform the employer within 24 hours of the absence.
PART C
Memorandum
Of Understanding
Parties
The
parties to this Memorandum of Understanding are:
The
Director of Public Employment (Department of Environment and Conservation) ("the
Department"); AND
The
Public Service Association and Professional Officers’ Association- Amalgamated
Union of New South Wales; and
The Association of Professional Engineers, Scientists
and Managers Australia (NSW Branch). ("The unions").
1. Introduction
1.1. This Memorandum of Understanding reflects
the agreement reached between the department and the unions in respect of
negotiations throughout 2004, 2005 and 2006 following the amalgamation of the
former National Parks and Wildlife Service; the former Resources NSW; the
Environment Protection Authority and the Royal Botanic Gardens and Domain
Trust, into the Department of Environment and Climate Change.
1.2 This Memorandum will be implemented
through two awards -
The
Crown Employees (Department of Environment and Conservation) General -
Conditions of Employment Award, and
The
Crown Employees (Department of Environment and Conservation) Parks and Wildlife
- Conditions of Employment Award.
Both
the awards will be consent awards and will have a duration of 3 years
commencing from the date the Awards are made by the Industrial Relations
Commission of New South Wales.
1.3 The parties agree that the existing
Botanic Gardens Awards will be retained with agreed changes implemented by way
of a determination or determinations made pursuant to s.130 of the Public
Employment and Management Act 2002.
1.4 The parties agree to lodge the consent
award applications with the Industrial Relations Commission of New South Wales,
no later than 1 November 2006.
1.5 The parties also agree that none of the
conditions; allowances or any other monetary payments expressed in either of
the new awards or this memorandum will come into effect until such time as the
new awards have been made. All existing arrangements shall continue until such
time as the new awards are operative
1.6 This Memorandum shall have a term
commencing from the date the memorandum is signed by the parties until the
expiry of the two awards.
1.7 The parties agree that this Memorandum
shall also express the agreed position of the parties in respect of a number of
issues that have been the subject of negotiation but have not been included in
either of the awards.
1.8 The parties agree that both awards and
any Botanic Gardens determinations made subject to this Memorandum will include
a clause stating that, for the duration of the Awards, there shall be no
further claims in respect of conditions of employment; the payment of new
allowances or the quantum of existing allowances.
1.9 The parties agree that those matters not
addressed in this Memorandum or attachments to this Memorandum shall remain as
per the existing provisions of the current awards, save for those parts of the
award that require amendment to correct
dates; titles; spelling; grammar etc.
The
parties agree that this Memorandum of Understanding may be relied upon by any
party in respect of any proceeding before the Industrial Relations Commission
of New South Wales.
2. Matters Agreed - Non- Award
2.1 Departmental Performance Management
System: The parties agree that current performance management systems operating
within the Department and known as SPEADS; PMD and CAPS shall be replaced with
a single departmental wide performance management system. The parties further
agree that until such time as the new system is operational, the current
arrangements in situ for performance management shall continue.
2.2 Cultural Heritage Division: (a) The
parties agree that those positions currently known as Aboriginal Project
Officers 1-2 will transfer to the EPO 2-7 grade on the salary scale and
Aboriginal Project Officers 3-4 will transfer to the EPO 9 grade on the salary
scale. The date of transfer to the new salary scale shall be as at the date
that the awards are made.
(a) The parties agree to develop progression
criteria for the Aboriginal Project Officer positions after the signing of this
memorandum of understanding and prior to the making of the award.
(b) The parties agree that Aboriginal
Project/Research Officers who have already transitioned to the EPO salary scale
shall have a period of 12 months after the date of the making of the award to
submit an application for a progression. If such an application is successful,
then progression shall take place and salaries shall be paid as a personal
salary to the appropriate point on the Aboriginal Project/Research officer
salary scale.
(c) The parties agree that all other staff
currently employed within the Cultural Heritage Division will transfer to the
closest salary point on the EPO salary scale that is equal to or less than
their existing salary rate. The parties agree that where such a transfer would
result in the employee being paid at a lower rate, the employee shall be paid a
personal salary to the equivalent amount paid under the previous salary scale;
such personal salary rate to continue until such time as the employee vacates
the transferred position or receives an increment that would take them past
their previous personal salary. The parties further agree that there is no requirement
or need for any of the positions effected by sub-clause (d) to undergo a job
evaluation so as to facilitate the transfer to the new salary scale.
(d) The parties agree that all staff
transferred from the Cultural Heritage Division to the EPO salary scale who
currently receive the remote area allowance as per the Crown Employees (NPWS)
Conditions of Employment 2000 award (clause 5 (D)) shall be paid the difference
in the amount paid pursuant to this award and the amount paid pursuant to the
Crown Employees (Public Service Conditions of Employment) Award as a personal
salary whilst they continue to occupy the same position.
2.3 Interim Award Arrangements: (a) the
parties agree that the arrangement made
between the parties following the amalgamation of the department (the interim
award arrangement) shall cease upon the making of the new awards
(a) the parties further agree that all staff
employed in Policy & Science Division (PSD); Environment Protection and
Regulation Division(EPRD); Sustainability Programs Division (SPD), Corporate
Services Division (CSD); Strategy Communication and Governance Division
(SC&GD) pursuant to the Crown Employees (NPWS) Conditions of Employment
2000 Award will transfer to the closest salary point on the EPO salary scale
that is equal to or less than their salary rate.
(b) The parties agree that where such a
transfer would result in the employee being paid at a lower rate, the employee
shall be paid a personal salary to the equivalent amount paid under the
previous salary scale; such personal salary rate to continue until such time as
the employee vacates the position to which they were transferred or receives an
increment that would take them past their previous personal salary.
(c) The parties agree that in the case of
two officers employed in the Threatened Fauna and Ecology Unit, the 5/7
allowance currently paid to these officers will cease but the equivalent amount
will be paid by way of a salary adjustment which shall be regarded as a
personal salary for as long as the officers concerned continue to occupy their
current positions.
(d) The parties agree that Project/Research
Officers who have already transitioned to the EPO salary scale shall have a
period of 12 months after the date of the making of the award to submit an
application for progression. If such an application is successful, then
progression will take place and salary shall be paid as a personal salary to
the appropriate point on the PRO salary scale.
2.4 Review of Competency Standards for
Rangers and Roles of Senior Rangers: (a) The parties agree that the Department
shall undertake a
review
of the operation of competency standards as currently applied in respect of
rangers.
review
of roles of Senior Rangers.
(a) The parties agree that these reviews
shall be commenced as soon as is practicable after the signing of this
Memorandum of Understanding.
2.5 Review of Remote Areas Allowance : The
parties agree to enter into discussions with a view to updating the Remote Area
Allowances. The parties further agree
such discussions would commence after the new award arrangements have been
implemented but no later than 1 July 2007. The parties also agree that if the
parties can reach agreement in respect of the remote areas allowance the
relevant award will be varied by consent to reflect the agreed position.
3. Matters Agreed - for Inclusion in the
Awards.
3.1 Study Assistance: the parties agree that
both the awards and the BGT determination shall incorporate the agreed position
in respect of study assistance. The details of the agreed position are set out
in Attachment 1 to this agreement.
3.2 Contact with Employees on Parental or
Maternity Leave: the parties agree to insert within the Parks and Wildlife
Division Award a clause containing the following words: "maintain contact
with employees specifically in the context of workplace change, restructuring
and office relocations and attendance at relevant training courses."
3.3 Families and Fieldwork: the parties
agree that the provisions as set out in clause 36(i);(vi); and (vii) of the
Crown Employees (National Parks and Wildlife) Conditions of Employment 2000
Award shall be included within both of the new awards.
3.4 Pattern of Hours Worked and Flexitime:
(a) the parties agree that a new common provision setting out the pattern of
hours and flexitime will be included in both new awards and BGT determination.
The new provision shall adopt elements of the system currently in place for
Parks and Wildlife Division staff and the system currently in place for EPO
staff under the current EPA Award. The parties agree that the details of the
provision to be included in the awards are as set out in Attachment 2 to this
Memorandum of Understanding;
(a) the parties further agree that in DEC
(General) Award and in the BGT determination the new provisions shall reflect a
Coretime of 10.00 to 15.00 and a Bandwidth of 10.5 hours commencing at 7:30
a.m. and ceasing at 6:00 p.m. The parties agree that core time and bandwidth
may be varied only in circumstances where prior approval has been granted for
such a variation;
(b) the parties further agree that in PWD,
consistent with clause 10 Hours of the NPWS Award, (vi) "A roster of hours
and days must be set and agreed to in writing 2 weeks before the 4 week roster
period starts" appropriate administrative arrangements will be put in
place.
3.5 Incident Conditions: (a) the parties
agree to include within the new The Crown Employees (Department of Environment
and Conservation) General - Conditions of Employment Award a clause which will
enable suitably qualified staff to be temporarily assigned to the following
specific incident positions as currently defined in the Crown Employees
(National Parks and Wildlife Service) Conditions of Employment 2000 Award -
Incident
Controller
Logistics
Officer
Planning
Officer
Operations
Officer
Divisional
Commander
Sector
Commander
Crew
Leader
Crew
Member
And/or
to the following positions which the parties agree shall be added to the
relevant clause of the Crown Employees (Department of Environment and
Conservation) Parks and Wildlife - Conditions of Employment Award -
Deputy
Incident Controller
Safety
officer
Situation
Officer
Situation
Unit Leader
Resource
Officer
Resources
Unit Leader
Air
Attack Supervisor
Air
Operations Manager
Air
Base Manager
Air
Observer.
(a) the parties further agree, that staff
assigned to undertake such roles shall be paid the relevant wage/salary for the
position for the period they occupy the position during the incident.
(b) the parties agree that other staff covered
by The Crown Employees (Department of Environment and Conservation) General -
Conditions of Employment Award who are assigned to non-specific incident
positions during a defined incident shall be paid their normal salary rate for
ordinary hours worked with overtime payable for the time worked beyond the
employee’s agreed bandwidth.
(c) the parties agree that rates for current
specific incident positions shall be adjusted
to reflect increases under the Crown Employees (Public Service Salaries)
Award since 1997.
(d) the parties agree that all designated
incident positions (current and additional) shall undergo an evaluation process
as soon as is practicable after the commencement of the new award.
3.6 After Hours Incident Service: (a) the
parties agree that The Crown Employees (Department of Environment and
Conservation) General - Conditions of Employment Award shall incorporate the
late call allowance into the weekly allowance that will result in the weekly
allowance being $339.00 per week with an additional amount of $104.00 for each
public holiday that falls on a weekday in a roster week;
(a) the parties further agree that the out
of hours disturbance allowance currently paid to supervising officers will be
reviewed as part of the general review of the procedural guidelines governing
the operation of the After Hours Incident Service;
(b) the parties agree that these
allowances will be adjusted in line with the Crown Employees (Public Sector
Salaries 2004) Award or any successor instrument to this award.
3.7 Qualification Requirements: the parties
agree to insert a clause within the Crown Employees (Department of Environment
and Conservation) General - Conditions of Employment Award which states:
"The parties agree that qualifications are not to
be used as barriers to appointment or promotion, however, where appropriate,
eg. for technical competency and legal requirements; position descriptors will
include qualifications."
Attachment. 1
DEC General and DEC (PWD) & BGT Determination
Study Assistance
(i) DEC will
support employees gaining additional skills through formal study and who are
progressing through their course in a consistent way based on the timeframe
indicated by the providing institution.
Where a subject is failed an intention to catch-up must be demonstrated.
(ii) Employees are
entitled to apply for study time and study leave in accordance with the
provision of the Personnel Handbook 1999 or subsequent revision.
(iii) The following
costs associated with courses -
Higher Education Contribution Help scheme Fee; or
TAFE compulsory
fees: or
Compulsory post-graduate fees; or
Compulsory full fee paying course fees
will be reimbursed by the Department in accordance with
the guidelines following.
(iv) The proportion
of fees to be reimbursed where the employee’s application for study assistance
has been approved under these guidelines, and:
(a) is their first
qualification as an employee of DEC: 100% to a maximum of $4,000 per annum
refunded where the resultant qualification is directly relevant to DEC
operations or needs and is approved as such by the Director General; or
(b) is their
second or successive qualification as an employee of DEC: 50% refunded to a
maximum of $2,000 per annum where the resultant qualification is directly
relevant to DEC operations or needs and is approved as such by the Director
General.
(v) Approval for
assistance will be considered annually and refunds will be paid for a maximum
of six annual approvals up to a total amount of $24,000 in respect of subclause
(iv)(a) or $12,000 in respect of sub-clause (iv)(b), where other requirements
have been met as in subclause (viii) below.
(vi) At the
discretion of the Director General and where the Director General determines
that it is in the interests of the Department, approval may be given for a
maximum of eight annual approvals as set out in (v) above.
(vii) To be eligible
to receive a refund, an employee must:
(a) have been
employed in the Department prior to the final examination in the academic
period under consideration and also be in employment on the date reimbursement
is requested;
(b) produce
evidence of having successfully completed a full stage of an approved course
(or the subjects enrolled in at the start of a semester/year); and
(c) produce
receipts substantiating payments made for compulsory fees or HECS fee incurred.
(viii) Staff members
who received prior approval for study assistance:
(a) under this
clause or similar clause/policy of a related entity, and
(b) commenced the
approved course/subject under the award or policy at the time, and
(c) there is no
break in the continuity of study and successful completion.
Will be regarded as under the award clause or policy
until the completion of the approved course/study. Any subsequent application for study assistance will be treated
as a second application under subclause (iv)(b) of this clause.
(ix) The costs
associated with courses as outlined in subclause (iii) above are based on
current 2006 costs. The parties to this
Award agree, where there is a significant increase in costs the parties shall
seek to resolve any increase in the listed amounts in subclauses (iv) (a)(b)
above. Where no agreement is reached
leave is reserved to seek the assistance of the Industrial Relations Commission.
Attachment 2
DEC General as part of current EPA Flexitime clause, BGT
Determination and DEC (PWD) clause
Pattern of Hours
(i) Pattern of
hours is the way hours are worked each settlement period; ie, start/finish
times and days of the week for 7-day roster workers.
(ii) Patterns of
hours can be either flexitime, where start/finish times are flexible within the
bandwidth; or, determined where start/finish times are set.
A. Flexitime
(i) Employees are
able to take two (2) flexi days off in a settlement period, as long as they
have accumulated enough hours to do so.
(ii) With prior
management approval, employees may accumulate a credit balance of 14-35 hours
to enable them to have up to 5 flexi days in a settlement period, to be taken
at a mutually convenient time.
(iii) Employees who
continually fail to take annual leave as a result of taking extended periods of
flex leave may be placed on standard hours by management following appropriate
consultation until a reasonable leave balance is established in accordance with
the award provisions.
(iv) Supervisors
will have full and open 24 hour access to Employees’ time sheet records and
records pertaining to an employee flex leave.
(v) Employees may
carry forward to the next settlement period, in accordance with i) and ii)
above a credit balance of up to 35 hours or a debit balance of 10 hours.
(vi) Flex leave can
be taken at either the beginning or end of a period of leave.
(vii) Flexidays can
be taken as either 1/2 days or full days. Time outside the bandwidth will not
accrue to flexitime balance.
(viii) Employees must
have prior approval before taking flex leave.
(ix) On cessation
of duty Flexi Credits will be dealt with in accordance with Clause 20 (n) of
the Crown Employees (Public Service Conditions of Employment ) Award 2002 as
varied.
D.W.
RITCHIE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.