CROWN EMPLOYEES (SAFE FOOD PRODUCTION NSW - FOOD SAFETY OFFICERS) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales, industrial organisation of employees.
(No. IRC 3534 of 2002)
Before The Honourable
Justice Schmidt
|
21 June 2002
|
AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Parties
to the Award
3. Definitions
4. Coverage
5. Statement
of Intent
6. Grading
and Evaluation of Positions
7. Scope of
Employment
8. Savings
of Rights
9. Salaries
10. Conditions
of Employment - General
11. Appointment
12. Salary
Progression
13. Transitional
Provisions
14. Performance
and Competency Standard Development
15. Competency
Assessment Panel
16. Appeals
17. Higher
Duties Allowance
18. Home
Office Allowance
19. Garage and
Carport Allowance
20. Hours of
Duty
21. Overtime
22. Travelling
Allowances
23. On-Call
Allowance
24. Consultative
Arrangements
25. Multi-Skilling
26. Grievance
and Dispute Settling Procedures
27. Anti-Discrimination
28. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Allowances
Schedule 1 - Food Safety Officer - Progression Requirements
Schedule 2 - Food Safety Officer - Transitional
Provisions
1. Title
This award shall be known as the Crown Employees (Safe Food
Production NSW - Food Safety Officers) Award.
2. Parties to the
Award
The parties to this award are the Public Employment Office
and the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
3. Definitions
(a) "Act"
means the Public Sector Management Act
1988.
(b) "Association"
means the Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales.
(c) "CEO"
means Chief Executive Officer.
(d) "Code of
Practice" means requirements and guidelines to ensure a premises or
activity complies with statutory requirements.
(e) "Employee"
means a person employed on a temporary basis.
(f) "HACCP"
means Hazard Analysis and Critical Control Point System - an international food
safety management system.
(g) "ISO"
means the International Standards Organisation.
(h) "Job
Evaluation" means an accredited job evaluation system used to grade
positions in SafeFood.
(i) "National
Food Safety Standards" means uniform food hygiene and safety regulations
set out in the Food Standard Code to ensure a nationally consistent approach to
food safety.
(j) "Normal
Work", in respect of Clause 26, Grievance and Dispute Settling Procedures,
means the duties and responsibilities contained in the position description of
an officer, or officers, at the time a grievance, dispute or difficulty is notified
within the Operations Branch or within Safe Food.
(k) "Officer"
means a person employed on a permanent full-time or permanent part-time basis.
(l) "Operations
Branch" means a Branch of Safe Food consisting of the Enforcement,
Compliance, Technical, and Environmental Units.
(m) "PEO"
means the Public Employment Office.
(n) "Position"
means a staff position as defined in Section 8 of the Act.
(o) "SafeFood"
means Safe Food Production NSW, a statutory body established under the Food Production (Safety) Act 1998 to
ensure that food safety standards for all primary produce and seafood for human
consumption from the paddock or ocean to the back door of the retail shop, with
additional coverage of retail butcher shops and supermarket meat departments, are
implemented in an integrated and consistent way.
(p) "Staff
member" means an officer or employee of SafeFood Operations Branch
employed in the capacity of Food Safety Officer.
(q) "Union"
means the Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales.
4. Coverage
The provisions of this award shall apply to staff employed
in the Operations Branch of SafeFood in the capacity of Food Safety Officer.
5. Statement of
Intent
This award aims to achieve equity in salary and conditions
between field staff of the former Meat, Dairy, and Seafood Branches of SafeFood
and facilitate future recruitment and retention of Food Safety Officers.
6. Grading and
Evaluation of Positions
(a) The grading of
positions will be carried out in accordance with the SafeFood job evaluation
policy.
(b) Positions will
be graded and evaluated from time to time in the following circumstances:
(i) Where the nature
of the position is significantly changed or where a new position is created.
(ii) Where a
position falls vacant, the CEO can determine whether it is necessary to
evaluate the position prior to advertising the vacancy.
(iii) At the
request of any party to this award, or an officer under the award, provided
that the position(s) have not been reviewed for grading for at least (12)
twelve months prior to the request.
7. Scope of
Employment
(a) Employment
will be either on a permanent full time or permanent part time basis.
(b) Temporary
employees may be employed from time to time should the need arise.
8. Savings of Rights
No officer or employee of SafeFood at the time of the making
of this award will suffer a reduction in his or her salary or any loss or
diminution in his or her conditions of employment as a consequence of the
making of this award.
9. Salaries
(a) Staff will be
appointed to one of the grades outlined in Table 1 of Part B, Monetary Rates of
this award
(b) The rates of
pay set out in Table 1 do not include payment for annual leave loading.
(c) The salary
rates set out in Table 1 will move in accordance with the Crown Employees
(Public Sector - Salaries January 2002) Award (the 2002 Award) or any variation
or replacement award.
(d) Salary rates
are to be increased by four per cent (4%) with effect from the beginning of the
first pay period (FPP) to commence on or after 1 January 2003, with a further
increase of five per cent (5%) with effect from the beginning of the first pay
period to commence on or after 1 July 2003, in line with the 2002 Award.
10. Conditions of
Employment - General
(a) This award
applies in lieu of the following awards, agreements and determinations in full:
(i) Scientific Officers
(Various Departments) Agreement No. 2433 of 1982.
(ii) General
Division (Trade Based Groups) Agreement No. 2301 of 1980: Amending Agreement
No. 2317 of 1981; Determination No. 764 of 1982.
(b) Except as
otherwise provided in this award, the provisions of the Crown Employees (Public
Service Conditions of Employment 1997) Award will apply.
(c) The following
awards, agreements and determinations apply to staff covered by this award:
(i) Crown
Employees (Transferred Officers Compensation) Award.
(ii) Transferred
Officers (Excess Rent Assistance) Agreement No 2354 of 1981.
(d) Conditions of
employment other than those fixed by this award are determined by the Public Sector Management Act 1988, the
Public Sector Management (General) Regulation 1996 and the New South Wales
Government Personnel Handbook.
11. Appointment
(a) Positions will
be graded using an accredited job evaluation system.
(b) Except as
provided in subclause (c), staff will be appointed to the first salary point in
the grade of the position to which they are appointed.
(c) The Chief
Executive Officer may appoint a person at a higher salary level within the
grade. In determining commencing salary, regard will be had to:
(i) The person’s
skills, experience and qualifications.
(ii) The rate
required to attract the person, and
(iii) The
remuneration of existing staff performing similar work.
(d) Except as
provided in the transitional provisions of this award, the essential
qualifications for appointment to positions covered by this award will be:
(i) A degree in
Food Science or equivalent qualification (as determined by the CEO) in respect
of the Enforcement, Compliance and Technical Units; or
(ii) A degree in
Environmental Health, Aquatic or Animal Health or equivalent qualification (as
determined by the CEO) in respect of the Environmental Unit.
(e) Except as
provided in the transitional provisions of this award, the essential
qualification requirement will commence on and from the date of operation of
this award.
12. Salary Progression
There shall be 6 levels of Food Safety Officer, with salary
levels as prescribed in Table 1.
(a) Progression
within each grade will be by annual increment, provided the supervisor is
satisfied with the conduct and manner of performance of duties of the person
concerned.
(b) Incremental
progression for all officers will be subject to a satisfactory performance
report recommending progression.
(c) The Chief
Executive Officer may approve the accelerated progression of an officer through
the incremental scale for the position occupied by the officer, in accordance
with assessments made through a performance management system.
(d) There will be
competency barriers for progression from Trainee Food Safety Officer (Food
Safety Officer Grade 1) to Food Safety Officer (Food Safety Officer Grade 2),
and from Food Safety Officer to Senior Food Safety Officer (Food Safety Officer
Grade 3) in the Compliance and Environmental Units.
(e) Appointment to
a position above Food Safety Officer Grade 3 in Compliance and Environmental
Units will be by way of competitive selection to an advertised vacancy.
(f) Appointment
to a position above Food Safety Officer Grade 2 in Enforcement and Technical Units
will be by way of competitive selection to an advertised vacancy.
13. Transitional
Provisions
Employees will be transferred to the new scale in accordance
with Schedule 2, Food Safety Officer - Transitional Provisions.
14. Performance and
Competency Standard Development
(a) The parties to
this award will participate in ongoing discussions to further develop the staff
covered by the award and the performance of SafeFood. The CEO will provide
training and work opportunities for staff development.
(b) The parties
will participate in:
(i) Development
and review of the SafeFood Performance Management and Development System.
(ii) Discussion
and review of the qualifications, requirements and competencies detailed
variously in clause 11, Appointment, clause 12, Salary Progression and Schedule
1 to this award to ensure that they conform with national food safety standards
as they change and develop from time to time. These discussions will continue
as a matter of priority.
15. Competency
Assessment Panel
A Competency Assessment Panel will be formed consisting of
the officers occupying the positions of Director, Operations Branch, and a
Regional Operations Manager of the Compliance Unit, and a Principal Officer of
the Technical Unit. The Panel will assess competency criteria of officers
seeking progression from Trainee Food Safety Officer to Food Safety Officer or
Food Safety Officer to Senior Food Safety Officer.
16. Appeals
(a) An officer,
who fails to satisfy the requirements of the competencies for progression from
Trainee Food Safety Officer to Food Safety Officer or Food Safety Officer to
Senior Food Safety Officer, as determined by the Competency Assessment Panel,
may appeal the decision of that panel.
(b) The officer,
following the decision of the competency assessment panel, may lodge an appeal
in writing with the CEO within ten (10) working days of the panel advising the
officer of its decision. The appeal must set out the grounds for the appeal.
(c) The CEO shall
convene an Assessment Appeals Panel within ten (10) working days of an appeal
being lodged and advise the officer of the members of the panel.
(d) The Assessment
Appeals Panel shall allow the appellant to appear before it during its determination
of the appeal if so requested by the appellant.
(e) The CEO shall
advise the officer of the decision of the Assessment Appeals Panel within five
(5) days of the appeal being heard.
17. Higher Duties
Allowance
(a) Staff directed
to perform the duties of a higher position for more than five consecutive
working days will be paid an allowance.
(b) The allowance
will be agreed following discussion with the staff member and will be a
proportion of the difference between the staff member’s salary and the salary
for the minimum rate of the higher position depending on the range of duties
undertaken and the level of responsibility accepted.
18. Home Office
Allowance
The provisions of Clause 44 of the Crown Employees (Public
Service Conditions of Employment 1997) Award shall apply and monetary rates, as
set out in Item 1 of Table 2 of Part B, Monetary Rates, shall be adjusted in
line with variations to that award.
19. Garage and
Carport Allowance
The provisions of Clause 51 of the Crown Employees (Public
Service Conditions of Employment 1997) Award shall apply and monetary rates, as
set out in Item 2 of Table 2 of Part B, Monetary Rates, shall be adjusted in
line with variations to that award.
20. Hours of Duty
The provisions of Clause 11 of the Crown Employees (Public
Service Conditions of Employment 1997) Award shall apply.
21. Overtime
(a) A staff member
may be directed by the Chief Executive Officer to work overtime, provided it is
reasonable for the staff member to be required to do so. In determining what is
reasonable, the staff member’s prior commitments outside the workplace,
particularly their family responsibilities, community obligations or study
arrangements shall be taken into account, together with the flexibility of
working hour arrangements having regard to the unusual requirements of this
occupation and the clients of SafeFood. Consideration shall be given also to
the urgency of the work to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services.
(b) Payment for
overtime shall be made only where the staff member works directed overtime.
(c) The provisions
of Clause 92 "Overtime - General" of the Crown Employees (Public
Service Conditions of Employment 1997) Award shall apply.
22. Travelling
Allowances
The provisions of Clauses 27 to 34 of the Crown Employees
(Public Service Conditions of Employment 1997) Award shall apply and monetary
rates shall be adjusted in line with variations to that award.
23. On-Call Allowance
(a) A staff member
shall be:
(i) Entitled to
be paid the on-call allowance set out in Item 3 of Table 2 of Part B Monetary
Rates when directed by SafeFood to be on call outside the staff member’s
working hours;
(ii) If a staff
member who is on call and is called out by SafeFood, the overtime provisions of
the Crown Employees (Public Service Conditions of Employment 1997) Award shall
apply to the time worked;
(iii) Where work
problems are resolved without travel to the place of work whether on a weekday,
weekend or public holiday, work performed shall be compensated at ordinary time
for the time actually worked, calculated to the next 15 minutes.
(b) The provisions
of Clause 46 of the Crown Employees (Public Service Conditions of Employment
1997) shall apply and monetary rates shall be adjusted in line with variations
to that award.
24. Consultative
Arrangements
SafeFood and the Association agree to continue consultation
to ensure that the implementation of this award realises improvements in
service delivery, productivity, efficiency and job satisfaction. The parties
will consult on such issues as training and development, work environment,
restructuring, job evaluation, performance management, succession planning,
multi-skilling, and cross training in different food commodities.
25. Multi-Skilling
The parties to the award recognise that multi-skilling is a
condition of this award. The parties agree that Food Safety Officers will
undertake training and development activities as provided by SafeFood from time
to time.
26. Grievance and
Dispute Settling Procedures
(a) All grievances
and disputes shall initially be dealt with as close to the source as possible,
with graduated steps for further attempts at resolution at higher levels of
authority within SafeFood, if required.
(b) When a
grievance or dispute arises at the workplace, the staff member(s) must attempt
to resolve the issue with the person concerned in the first instance.
(c) If this is not
possible, the staff member refers the matter to their immediate supervisor or
manager. The supervisor is to be given the opportunity to fully investigate the
matter and must provide a written response to the matter. The supervisor will
advise the staff members(s) concerned of the time by which an answer will be
provided. Issues should be resolved within forty-eight hours (48) hours.
(d) If the matter
is not resolved between the staff member(s) and their immediate supervisor, or
where the matter is of such a nature that direct discussion between the staff
member(s) and their supervisor would not be appropriate, the staff member(s)
shall notify the manager. The manager will attempt to resolve the matter. This
sequence of reference to successive levels of management may be pursued by the
staff member until the matter is referred to the Chief Executive Officer.
(e) The Chief
Executive Officer may refer the matter to the PEO for consideration.
(f) If the matter
remains unresolved, the Chief Executive Officer shall provide a written
response to the staff member and any other party involved in the grievance,
dispute or difficulty, concerning action to be taken, or the reason for not
taking action, in relation to the matter.
(g) A staff member
may, at any stage, request to be represented by their union.
(h) If the matter
remains unresolved, SafeFood and the Association agree that it may be referred
to an appropriate independent arbitrator or mediator.
(i) The staff
member or the union on their behalf, or the Chief Executive Officer may refer
the matter to the Industrial Relations Commission of New South Wales if the
matter is unresolved following the use of these procedures.
(j) Nothing
contained in these procedures will preclude SafeFood and the Association from
entering into direct negotiations on any matter.
(k) Each stage is
to be handled expeditiously.
(l) Whilst these
procedures or negotiations are continuing, no stoppage of work or any other
form of limitation of work shall be applied.
(m) SafeFood and the
Association reserve the right to vary this procedure where it is considered
that a safety factor is involved.
27.
Anti-Discrimination
(a) 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.
(b) 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.
(c) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(d) 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.
(e) 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
-
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
“Nothing in this Act affects … any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.”
28. Area, Incidence
and Duration
(a) This Award
applies to staff as defined in clause 3, "Definitions" of Part A of
this award.
(b) This award
shall take effect on and from 21 June 2002 and shall remain in force for a nominal
term of three years or until varied or rescinded.
PART B
MONETARY RATES
Table 1 - Salaries
Food Safety Officer
|
Year of Service
|
FPP 1.1.02
|
FPP 1.1.03
|
FPP 1.7.03
|
Grade
|
|
Salary
|
Salary
|
Salary
|
|
|
$
|
$
|
$
|
Grade 1
|
Year 1
|
36,792
|
38,264
|
40,177
|
|
Year 2
|
37,845
|
39,359
|
41,327
|
|
Year 3
|
39,417
|
40,994
|
43,044
|
Grade 2
|
Year 1
|
41,799
|
43,471
|
45,645
|
|
Year 2
|
45,456
|
47,274
|
49,638
|
|
Year 3
|
51,294
|
53,346
|
56,013
|
Grade 3
|
Year 1
|
55,192
|
57,400
|
60,270
|
|
Year 2
|
57,172
|
59,459
|
62,432
|
|
Year 3
|
60,193
|
62,601
|
65,731
|
Grade 4
|
Year 1
|
62,858
|
65,372
|
68,641
|
|
Year 2
|
65,031
|
67,632
|
71,014
|
|
Year 3
|
68,309
|
71,041
|
74,593
|
Grade 5
|
Year 1
|
71,694
|
74,562
|
78,290
|
|
Year 2
|
74,735
|
77,724
|
81,610
|
Grade 6
|
Year 1
|
79,416
|
82,593
|
86,723
|
|
Year 2
|
82,914
|
86,231
|
90,543
|
Table 2 - Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
18
|
Home Office Allowance
|
628.00 per annum
|
2
|
19
|
Garage Allowance
|
444.00 per annum
|
|
|
Carport Allowance
|
99.00 per annum
|
3
|
23
|
On-Call Allowance
|
0.55 cents per hour
|
Schedule 1
Food Safety Officer -
Progression Requirements
The current SafeFood International Standards Organisation
(ISO) system assesses and documents staff competencies. A Competency Assessment
Panel will consider the following progression criteria in the Compliance and
Environmental Units.
The provisions of Clauses 15 and 16 of this award will apply
in relation to progression requirements.
Progression from Trainee Food Safety Officer (FSO 1) to Food
Safety Officer (FSO 2).
(a) Degree in Food
Science or equivalent qualification (as determined by the CEO) in respect of
Compliance Unit, except as provided in the transitional provisions of this
award.
(b) Degree in
Environmental Health, Aquatic or Animal Health or equivalent qualification (as
determined by the CEO) in respect of Environmental Unit, except as provided in
the transitional provisions of this award.
(c) Demonstrated
knowledge of industry and technology and two or more years experience in one or
more of the following areas: dairy farms, dairy processing, meat slaughter and
boning, meat processing, shellfish harvest depuration and shucking, and seafood
processing.
(d) Working
knowledge of relevant Codes of Practice, Acts and Regulations, and Procedure
Manuals.
(e) Demonstrated
knowledge of SafeFood licensing system.
(f) Good written
and verbal communication skills and ability to communicate at various levels to
advise, guide, explain and motivate industry personnel.
(g) Driver’s
Licence.
(h) Competence in
the use of computers for preparation of reports and for electronic
communication (word processing, Excel, Internet, e-mail, and, in respect of
Environmental Unit, Access).
(i) Demonstrated
ability to conduct Food Safety and Quality System Audits and Inspections in
respect of Compliance Unit.
(j) Demonstrated
ability to design and implement environmental monitoring programs in shellfish
harvesting areas in respect of Environmental Unit.
(k) Completed Food
Safety Auditor’s Course and meets auditor certification criteria in respect of
Compliance Unit.
(l) Completed
recognised training in one or more of the following areas in respect of the
Environmental Unit: geographic information systems (GIS), hydrology, depuration
systems, epidemiology, marine algal biotoxins, virology or related disciplines.
(m) Demonstrated
capacity to organise time and work with minimal supervision.
(n) Satisfactory
completion of HACCP based training.
Progression from Food Safety Officer (FSO 2) to Senior Food
Safety Officer (FSO 3).
(a) High level of technical
understanding of food safety issues.
(b) Demonstrated
knowledge of commodities in two or more food industries.
(c) Detailed
knowledge of Codes of Practice, Acts and Regulations and the intent of
legislation.
(d) Capacity to
provide advice, training and education to industry and applicants.
(e) High level of
verbal and written communication skills.
(f) Proven
ability to provide comment or advice to SafeFood on topical food safety issues.
(g) Demonstrated
ability to conduct investigations, collect evidence, conduct prosecutions, and
gather information for reports.
(h) Capacity to
act as Lead Auditor in audits and make decisions on a range of technical
matters in respect of Compliance Unit.
(i) Capacity to
interpret results of environmental monitoring programs (microbiological,
phytoplankton, heavy metal and pesticide) and make decisions on related
technical issues in respect of Environmental Unit.
(j) Ability to
provide constructive advice and guidance to Trainee Food Safety Officers and
Food Safety Officers in a team environment.
Schedule 2
Food Safety Officer -
Transitional Provisions
(a) These
transitional arrangements will come into place on and from the date this award
is made.
(b) It is the
intention of SafeFood to ensure no detriment in terms of salary or conditions
accrues to any officer employed at the time of the making of this award.
(c) Staff members
of the former Meat, Dairy and Seafood Branches of SafeFood shall be placed onto
the their current salary level or the next highest level nearest to their
current salary. If an officer or employee has reached twelve months service on
a particular salary level and a report from the supervisor indicates that
service is satisfactory, the officer or employee shall be placed on the next
highest level where such incremental progression is available.
(d) For the
purposes of these transitional provisions, officers of the former Dairy Branch
employed at the time of the making of this award with educational
qualifications acceptable for appointment as Food Safety Auditors or more
senior positions by the former NSW Dairy Corporation will be deemed equivalent
to the essential qualification requirements of this award specified at Clause
11 (d).
(e) For the
purposes of these transitional provisions, officers of the former Meat Branch
employed at the time of the making of this award with educational
qualifications acceptable for appointment as Auditors or more senior positions
by the former Meat Industry Authority of New South Wales will be deemed
equivalent to the essential qualification requirements of this award specified
at Clause 11 (d).
(f) For the
purposes of these transitional provisions, officers of the former Seafood
Branch employed at the time of the making of this award with educational
qualifications acceptable for appointment by SafeFood will be deemed equivalent
to the essential qualification requirements of this award specified at Clause
11 (d).
(g) All officers
employed by SafeFood at the time of the making of this award will be deemed
eligible to apply for promotional positions within SafeFood as they arise from
time to time in respect of Clause 11 (d) of this award.
M. SCHMIDT J.
____________________
Printed by
the authority of the Industrial Registrar.