Crown
Employees (Department of Environment and Climate Change) General Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Department
of Environment and Climate Change NSW.
(No. IRC 1986 of 2007)
Before Commissioner
Ritchie
|
6 November 2007
|
AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Memorandum
of Understanding
4. Parties
5. Salaries
6. Salary
System
7. Qualifications
8. On Call
Allowance for Public Affairs Officers and Information Management &
Communications Technology (IM&CT) Officers
9. Working
Hours including Flexible Working Hours
10. Overtime
11. Excess
Travelling Time
12. Irregular
Shift Work
13. Annual
Leave Loading
14. Families
and Field Work
15. After
Hours Incident Service (AHIS)
16. Out of
Hours Disturbance
17. Declared
Incidents
18. Study
Assistance
19. Salary
Packaging Arrangements, including Salary Sacrifice to Superannuation
20. No Extra
Claims
21. Union
Delegates Rights and Obligations
22. Industrial
Grievance Procedure
23. Anti-Discrimination
24. Deduction
of Union Membership Fees
25. Area,
Incidence and Duration
PART B
MONETARY RATES
Schedule 1 - Salaries
PART C
Memorandum of
Understanding
PART A
2. Definitions
"Award" means any Award made under the Industrial
Relations Act 1996.
"Class" means a Class listed in subclause 6.8, of
clause 6, Salary System of this Award.
"Determination" means any Determination made by
the Public Employment Office pursuant to the provisions of Section 130 of the Public
Sector Employment and Management Act 2002.
"Department" means the Department of Environment
and Climate Change (DECC).
"Director General" means the Director General of
the Department of Environment and Climate Change.
"Delegate" means an officer who has been delegated
certain powers by the Director General pursuant to s.15 of the Public Sector
Employment and Management Act 2002.
"Declared incident" means an unscheduled activity
in the Parks and Wildlife Group (PWG) of the Department 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 their delegate (N.B. Does not include
hazard reductions in PWG).
"DPE" means the Director of Public Employment, as
established under the Public Sector Employment and Management Act 2002.
"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.
"EO" means Environment Officer.
"Grievance" is any workplace problem that is a
concern, complaint or allegation raised internally by an officer against
another officer and requires resolution.
"Industrial Agreement" means an Industrial
Agreement under the Industrial Arbitration Act 1940 that is continued in
force by the provisions of the Industrial Relations Act 1996.
"Memorandum of Understanding" means the document signed
by the parties to this Award on 10 August 2006.
"Officer" means an employee 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.
"PWG" means the Parks and Wildlife Group of the Department
of Environment and Climate Change.
"Public Sector Agreement" means any Agreement made
pursuant to the provisions of section 131 of the Public Sector Employment
and Management Act 2002.
"Reporting Officer" means an officer who has
direct supervisory responsibility for an officer, for performance management
and reporting purposes.
"Salary Point" means a salary nominated within a
Class.
"Salary Scale" means the whole set of salaries
payable under this Award.
"Subject Officer" means a officer who reports to a
Reporting Officer for performance management and reporting purposes.
"Union" means the Public Service Association and
Professional Officers' Association Amalgamated Union of New South Wales, or the
Association of Professional Engineers, Scientists and Managers Australia (NSW
Branch), having regard to their respective coverage.
3. Memorandum of
Understanding
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.
4. Parties
4.1 The Parties to
this Award are:
(i) Director of
Public Employment for the Department of Environment and Climate Change (DECC);
(ii) Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales;
(iii) Association
of Professional Engineers, Scientists and Managers, Australia (NSW Branch).
4.2 In this Award
"the Association" or "the Union" means:
(i) The Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales; and
(ii) The
Association of Professional Engineers, Scientists and Managers Australia (New
South Wales Branch) in respect of:
(a) Professional
Engineers as defined in the rules of the Association of Professional Engineers,
Scientists and Managers Australia (New South Wales Branch) which, without
limiting that category includes:
(i) Persons
employed in the classification of Engineer;
(ii) Persons
performing professional engineering work; and
(b) Existing members
of the Association of Professional Engineers, Scientists and Managers Australia
(New South Wales Branch) to the extent that they do not come within
subparagraph 4.2(ii)(a).
5. Salaries
5.1 The salaries
and allowances contained in Part B, Monetary Rates, Schedule 1 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 System
6.1 The rates of
pay for officers of the Department will be in accordance with the rates
contained in Schedule 1, subject to any agreed Salary and Benefit Packaging
arrangement.
6.2 Each officer
covered by the award will be classified as an Environment Officer and paid
within the salary classes as set out in Schedule 1, subject to any agreed
Salary and Benefit Packaging arrangement.
6.3 The level of
appointment to a salary point within a Class will be determined by the Director
General or delegate, following assessment of an applicant's past work
experience in a related field and/or relevant skill levels and/or educational
qualifications. Where an officer is promoted to a higher Class, they will move
to the minimum salary point of the higher Class, or at least one salary point
above their current substantive salary, whichever is the higher.
6.4 Any officer
who possess the Higher School Certificate or equivalent will be appointed to no
less than the 2nd salary point of Class 1 as set out in Schedule 1 subject to
any agreed Salary and Benefit Packaging arrangement.
6.5 Any officer
aged 21 years or over will be appointed to no less than the salary prescribed
for Class 1 salary point 4 as set out in Schedule 1 subject to any agreed
Salary and Benefit Packaging arrangement.
6.6 Movement from one
salary point to another within a Class will be subject to the Department's
Staff Appraisal and Performance Related Pay provisions or any subsequent
Performance Management System as agreed to by the parties.
6.7 Movement from
Class to Class will be by way of appointment to a vacancy except in the
circumstances described in paragraph 6.8.7 below.
6.8 Environment
Officer 2-7 Classification Scale
6.8.1 From the date
of the making of this Award positions classified as EO 2-7 on the salary scale
will be filled by new graduates, as part of the Graduate Recruitment Program
and shall be paid in accordance with the salary scale in Table 1 below.
6.8.2 From the date
of the making of this Award Aboriginal Project Officers employed by the
Department will be paid in accordance with the EO 2-7 salary scale.
6.8.3 In limited
circumstances the EO 2-7 classification may be applied for specialist positions
where recruitment to such positions under a differing classification scale has
proven to be unsuccessful.
6.8.4 The relevant
salary points on the EO 2-7 are shown in Table 1 below.
Table 1
Point 1
|
Class 2
|
Salary point 3
|
Point 2
|
Class 3
|
Salary point 2
|
Point 3
|
Class 4
|
Salary point 2
|
Point 4
|
Class 5
|
Salary point 2
|
Point 5
|
Class 6
|
Salary point 2
|
Point 6
|
Class 7
|
Salary point 1
|
Point 7
|
Class 7
|
Salary point 2
|
Point 8
|
Class 7
|
Salary point 4
|
6.8.5 Officers with a
recognised 3 year degree or qualifications deemed by the Department as
equivalent will be appointed to point 1 on the EO 2 -7 salary scale.
6.8.6 Officers with a
recognised 4 year degree or higher or qualifications deemed by the Department
as equivalent will be appointed to point 2 on the EO 2-7 salary scale.
6.8.7 Officers on the
above scale shall be eligible to progress beyond Class 6 Salary Point 2 subject
to:
(i) the
availability of work at the higher level in the officer's discipline/s; and
(ii) demonstrated
ability and capacity to undertake more responsible work, as deemed appropriate
by the Department having regard to the officer's discipline/s.
6.8.8 For officers on
the above scale, work will be redesigned from time to time, in accordance with
the agreed process, to ensure that the work performed by the officer is
commensurate with the Class that they currently occupy.
6.8.9 Progression
beyond Class 7 salary point 4 will be by way of promotion to a vacant position.
7. Qualifications
7.1 The parties to
this award have agreed that qualifications are not to be used as barriers to
appointments or promotion, however, where appropriate (e.g. for technical,
competency and legal requirements), position descriptions will include
qualifications.
8. On Call Allowance
for Public Affairs Officers and Information Management & Communications
Technology (IM&CT) Officers
8.1 A weekly
allowance of $185 per week (of 7 days) shall be paid to officers of the Public
Affairs Branch or IM&CT Branch 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 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.
8.5 The allowance
shall compensate the officer for minor follow up work that may result from the
call.
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. Working Hours
Including Flexible Working Hours
9.1 So as to
ensure consistent application 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.
9.2 Ordinary
Working Hours
9.2.1 Full-time
ordinary working hours shall be 35 hours per week, Monday to Friday.
9.3 Bandwidth
(i) Bandwidth is
the period during the day when staff may record time worked and accrue
flextime.
9.3.1 Standard
Bandwidth
(i) The Standard
Bandwidth is 10.5 hours commencing at 7:30 a.m. and ceasing at 6:00 p.m.
(ii) 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).
(iii) This will be
the bandwidth that an officer covered by this award operates under unless their
bandwidth is varied as per paragraph 9.3.2 below.
9.3.2 Varied
Bandwidth
(i) The Standard
Bandwidth starting and finishing times may only be varied in circumstances
where prior approval has been granted for such a variation by the officer's
supervisor or Reporting Officer. A variation may apply to a group of officers
or an individual.
9.4 Coretime
(i) Coretime is
the specified period during the day when staff are required to be on duty,
unless on authorised leave.
9.4.1 Standard
Coretime
(i) The Standard
Coretime hours for the Department will be 10:00 a.m. to 3:00 p.m. The maximum (unpaid)
meal break which can be taken by an officer during Standard Coretime is 2.5
hours (as per paragraph 9.5.1 below), such that the minimum an officer must
work during Coretime, exclusive of a meal break, is 3.5 hours.
9.4.2 Varied Coretime
(i) The Standard
Coretime may only be varied in circumstances where prior approval has been
granted for such a variation by the officer's supervisor or Reporting Officer.
A variation may apply to a group of officers or an individual.
9.5 Meal Breaks
9.5.1 An officer on
the Standard Bandwidth and Standard Coretime is entitled to take a meal break
between the hours of 11:30 a.m. and 2:30 p.m. The minimum meal break is 30
minutes and the maximum is 2.5 hours.
9.5.2 An officer
working a Variable Bandwidth and/or Coretime may take their meal break at a
time agreed between the officer and their supervisor or Reporting Officer. The
minimum meal break is 30 minutes and the maximum is 2.5 hours. An officer shall not be required to be on
duty for more than 5 hours from the time of commencement without a meal break
9.6 Accrual and
the taking of flex leave
9.6.1 Officers are
able to take 14 hours ie. two (2) flex leave days off in a settlement period,
as long as they have accumulated enough hours to do so.
9.6.2 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.
9.6.3 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.
9.6.4 Supervisors
will have full and open 24 hour access to an officer's time sheet records and
records pertaining to an officer's flex leave.
9.6.5 Officers may
carry forward to the next settlement period, in accordance with paragraphs
9.6.1 and 9.6.2 above a credit balance of up to 35 hours or a debit balance of
10 hours.
9.6.6 Flex leave can
be taken at either the beginning or end of a period of leave.
9.6.7 Flex leave can
be taken as either 1/2 days or full days. Time outside the bandwidth will not
accrue to flex time balance.
9.6.8 Officers must
have prior approval before taking flex leave.
9.6.9 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.
10. Overtime
10.1 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.
11. Excess Travelling
Time
11.1 Time spent
travelling within the time prescribed, 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
(ii) From one hour
prior to the end of the agreed bandwidth, shall be able to be claimed as
'Travelling time'.
11.2 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.
11.3 Where
organisational requirements prevent an officer taking Time Off In Lieu for
Excess Travelling Time under the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2006 or any successor instrument to that Award it
will be paid out on application.
11.4 The accrued
time in lieu maybe added to the officer's Accrued Flex hours under subc1ause
9.6 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.
12. Irregular
Shiftwork
12.1 From time to
time the Department may request an irregular or infrequent shift to be
performed during the period Monday to Friday.
12.2 Where shift
work is irregular or infrequent, the Department shall pay a shift allowance of
30% on the normal daily rate.
12.3 No officer,
unless it is part of that officer's normal duties, or by way of mutual
agreement, shall be required to perform such a shift.
12.4 The requirement
to work an irregular shift should not, of itself, reduce the need to work
overtime on the day concerned. However, officers working an irregular shift
will be paid overtime, or may opt to take time off in lieu at overtime rates
for any time worked in excess of seven hours. Flex time credits cannot be
accrued when working an irregular shift.
12.5 An officer
shall be eligible for an irregular shift allowance if required to commence duty
outside of the hours 5:30 a.m. to 10:00 a.m., and the officer is not eligible
for a regular shift allowance.
12.6 After an
officer has worked an irregular shift, the officer must take a break of 10
hours prior to recommencing work. However, if requested by the Department
because of special circumstances to recommence work without completing a 10
hour break, overtime shall be paid from the time work is recommenced until such
a break is taken.
13. Annual Leave
Loading
13.1 An officer who
is eligible for leave loading, may elect to:
(i) be paid their
leave loading when they take sufficient leave (i.e. Recreation leave and/or
Extended leave together with Flex days and/or public holidays totalling 10 or
more week days), or;
(ii) defer their
payment until the end of the relevant leave year, i.e. 30 November.
Wherever possible, payment will be made on the first
pay day after 30 November.
14. Families and
Field Work
14.1 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.
14.2 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.
14.3 Officers who
wish to be accompanied by a family member on working trips of more than one day
must obtain approval from their supervisor or reporting officer.
15. After Hours
Incident Service (AHIS)
15.1 Arrangements
15.1.1 Suitably
qualified and trained officers from the Climate Change & Environment
Protection Group of the Department will be required to perform After Hours
Incident Service duties. These duties are in addition to their ordinary weekly
hours of work.
15.1.2 Details of the
operational arrangements and conditions relating to the Department's After
Hours Incident Services are set out in the Department's Procedure Guide as
agreed to by the parties.
15.2 Payment
15.2.1 Payments to
officers 'rostered on' the AHIS at the date of making this award will be:
$352.56
|
per week allowance - the weekly allowance incorporates the
components for"
|
|
inconvenience" and six incoming calls after/before
ordinary hours of work;
|
|
|
$17.26
|
for each incoming call above 6 during a roster - Not
limited
|
|
|
$108.16
|
per public holiday falling on a weekday; in addition to
weekly allowance
|
|
|
Non-rostered officers contacted for advice out of ordinary
hours of work shall receive:
|
|
|
$34.74
|
When contacted after/before ordinary hours of work (refer
to subclause 9.2)
|
15.2.2 The parties
acknowledge that the provisions in paragraph 15.2.1 compensate an officer for a
reasonable amount of time and work in responding to calls after normal working
hours. However, on some occasions responding to a call or calls may require
time and work in excess of reasonable expectation, in which case the officer
can apply to their Reporting Officer to claim overtime. Each claim will be
considered on its merits and an application does not guarantee approval. Any overtime approved will be paid at a
minimum of three (3) hours at overtime rates. Overtime under this clause may
not be claimed in addition to being Called-Out (refer subc1ause 15.3) for the
same period.
15.2.3 These allowances
will be paid on the basis of claims made by the officer, and will not form part
of an officer's substantive salary, and therefore do not affect the calculation
of leave or superannuation.
15.3 Call-Out
15.3.1 An officer
rostered on the AHIS and called out by a person/organisation so authorised by
the Department in order to investigate pollution complaints, surveillance of
potential pollution sources, or in other emergency situations outside normal
working hours, will be paid a minimum of three (3) hours at overtime rates.
15.3.2 This rate will
also apply to subsequent calls, provided that these are attended to after the
three (3) hours time frame set by the original call out has elapsed.
15.3.3 Where an officer
is called out he/she is entitled to a ten hour rest break before recommencing
duty. The ten hour rest period will commence from when the officer finished the
last call relating to the call-out or returned home from attending an emergency
situation.
15.3.4 Where an officer
is directed by management to resume working before completing a ten hour break
the officer will be paid at overtime rates for all hours worked, until a ten
hour break is taken.
15.3.5 Overtime is not
payable when an officer resumes working, of his/her own accord before
completing a ten hour break
16. Out of Hours
Disturbance- Supervising Officers
16.1 Supervising
Officers who are not rostered on duty on the After Hours Incident Service will
receive an allowance of $34.74 if contacted for advice or assistance in
relation to emergency complaints or pressing issues outside normal working
hours. Such payment will only be made once in any twenty-four (24) hour period.
This allowance is not payable when an officer is Called-Out as in subclause
15.3, when overtime rates will apply as contained in that clause.
16.2 The parties
acknowledge that the provisions in subc1ause 16.1 compensate an officer for a
reasonable amount of time and work in responding to calls after normal working
hours. However, on some occasions responding to a call or calls may require
time and work in excess of reasonable expectation, in which case the officer
can apply to their Reporting Officer to claim overtime. Each claim will be
considered on its merits and an application does not guarantee approval. Any
overtime approved will be paid at a minimum of three (3) hours at overtime
rates. Overtime under this clause may not be claimed in addition to Call-Out provisions
(refer subclause 15.3) for the same period.
17. Declared
Incidents
17.1 From time to
time officers maybe called upon to assist in the Department's response to a
declared incident in the Parks and Wildlife Group of the Department.
17.2 A declared
incident is not the same as an after hours incident as per clause 15 of this
award. An incident is declared and approved by a PWG Regional Manager or other
suitably authorised officer of the Department and remains in place until such
time as the declaration of the incident is lifted.
17.3 Officers with
specific skills and expertise may, at the discretion of the Director General or
delegate, be temporarily assigned to work on a declared incident in the PWG.
17.4 Designated
Incident Positions
(i) Officers
temporarily assigned to a designated incident position as contained in clause
29, table 4, in the PWG Award are entitled to receive the conditions and
remunerations under the Incident Conditions provisions of the Crown Employees
(Department of Environment and Climate Change - Parks and Wildlife Group)
Conditions of Employment Award, or any successor instrument to that Award.
17.5 Assignment to
non-designated incident support roles
17.5.1 In special
circumstances an officer may, at the discretion of the Director General or
their delegate, be assigned to specific support roles that are not a designated
incident position as contained in subclause 17.4 but are associated with a
declared incident.
17.5.2 Officers
assigned to these roles shall be paid their normal salary rate for the ordinary
hours worked with overtime rates payable beyond the officer's agreed bandwidth
for the duration of the declared incident or until they return to normal
duties.
18. Study Assistance
18.1 The Department
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.
18.2 Officers are
entitled to apply for study time and study leave in accordance with the
provision of the Personnel Handbook 1999 or subsequent revision.
18.3 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.
18.4 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 will be: 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.
18.5 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
18.4(i) or $12,000 in respect of paragraph 18.4(ii), where other requirements
have been met as in subclause 18.7 below.
18.6 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 subc1ause 18.5 above.
18.7 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.
18.8 Officers who
have received prior approval for study assistance for a particular course, or
qualification under either the former PWG 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 application for another course of study will
be dealt with under the provisions of this Award.
18.9 Where there is
no break in the continuity of study and given successful completion of approved
study under paragraph 18.4(i) any subsequent application for study assistance
will be treated as a second application under paragraph 18.4 (ii).
18.10 From the 1st
January 2008 officers who seek financial assistance for study, will be covered
by the new provisions set out in the MOU.
18.11 The costs
associated with courses as outlined in paragraphs 18.3(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 18.4(i) and 18.4(ii) above. Where no agreement
is reached leave is reserved to seek the assistance of the Industrial Relations
Commission.
19. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
19.1 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 the Departmental convenience, and limited to salary
sacrifice to superannuation in accordance with subc1ause 19.7.
19.2 For the
purposes of this clause:
"salary" means the salary or rate of pay
prescribed for the officer's classification by subc1ause 6.8 or Part B Monetary
Rates, Schedule 1 - Salaries, of this Award, and any other payment that can be
salary packaged in accordance with Australian taxation law.
"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.
19.3 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.
19.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
19.5 The agreement
shall be known as a Salary Packaging Agreement.
19.6 Except in
accordance with subclause 19.7, 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.
19.7 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.
19.8 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.
19.9 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 employee'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.
19.10 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 19.9 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.
19.11 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 employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee's rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the employee under subclause 6.8 or Schedule 1, of
this Award if the Salary Packaging Agreement had not been entered into.
19.12 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.
19.13 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 employee may elect to terminate the Salary Packaging
Agreement.
20. No Extra Claims
20.1 It is a term of
this award that the unions will not pursue any additional claims or
improvements to wages and/or conditions of employment during the term of the
award.
21. Union Delegates
Rights and Obligations
21.1 An officer
elected as a Union representative will, upon written notification by the Union
to the Department, be recognised as an accredited representative of that Union,
and will be allowed all reasonable time during working hours to attend to Union
business and to consult with management on matters affecting the officers they
represent. Such consultations should be arranged for times that are convenient
to both parties.
21.2 Union delegates
will inform their Reporting Officer of the need to absent themselves from their
workplace, and will arrange a mutually acceptable time to attend to their Union
duties.
21.3 Accredited
union delegates should recognise the need to balance their absence from the job
on Union business with the requirements for acceptable work performance.
21.4 The Department
will provide access to the facilities and office equipment needed by union
delegates to perform their Union function effectively, thus maximising the
mutual advantages of a consultative approach.
22. Industrial
Grievance Procedure
22.1 General
22.1.1 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.
22.1.2 The parties
agree that whilst the procedures contained in this Clause are being followed,
there is an expectation that normal work will continue.
22.1.3 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
employees.
22.1.4 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 Head or delegate.
22.2 Steps to
Resolve Industrial Grievances or Disputes
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 representative, if so desired.
Step 2. If, after a week since the matter was discussed
with the Union representative and the Reporting Officer the matter remains
unresolved, the officer(s) concerned may discuss the matter with the Union
representative 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 representative 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
representative 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.
23.
Anti-Discrimination
23.1 It is the
intention of the parties bound by this Award 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.
23.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
prescribed in 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.
23.3 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.
23.4 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.
23.5 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.
23.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
23.7 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."
24. Deduction of
Union Membership Fees
24.1 The unions
party to this Award shall provide the Department with a schedule setting out
union fortnightly membership fees payable by members of each union in accordance
with each union's rules.
24.2 Each union
shall advise the Department of any change to the amount of fortnightly
membership fees made under its rules. Any variation to the schedule of union
fortnightly membership fees payable shall be provided to the Department at
least one month in advance of the variation taking effect.
24.3 Subject to
subclauses 24.1 and 24.2 above, the Department shall deduct union fortnightly
membership fees from the pay of any officer who is a member of the Union in
accordance with the union's rules, provided that the officer has authorised the
Department to make such deductions.
24.4 Monies so
deducted from the officer's pay shall be forwarded regularly to the respective
union together with all necessary information to enable the union to reconcile
and credit subscriptions to officers' union membership accounts.
24.5 Unless other
arrangements are agreed by the Department and the respective unions, all union
membership fees shall be deducted on a fortnightly basis.
24.6 Where an officer
has already authorised the deduction of union 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.
25. Area, Incidence
and Duration
25.1 This Award
shall apply to officers and casual employees in the Department of Environment
and Climate Change.
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 Parks and Wildlife Group of the Department including officers 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 and officers whose current conditions and entitlements
are determined by the Flight Officers Enterprise Agreement 2006 or any
successor instrument to that Agreement; and
(iv) employed in
the Botanic Gardens Trust.
25.2 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.
25.3 This award
rescinds and replaces the Crown Employees (Environmental Protection Authority
New South Wales) Award published 31 March 2006 (358 I.G. 632).
25.4 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
MONETARY RATES
Schedule l -
Salaries
Environment Officers - Department of Environment and
Climate Change New South Wales
|
Classification
|
1.7.06
|
1.7.07
|
|
Per Annum
|
Per Annum
|
|
4%
|
4%
|
Class 1
|
|
|
1
|
26,265
|
27,316
|
2
|
31,732
|
33,001
|
3
|
34,828
|
36,221
|
4
|
36,957
|
38,435
|
5
|
38,593
|
40,137
|
6
|
40,697
|
42,325
|
7
|
44,972
|
46,771
|
Class 2
|
|
|
1
|
44,972
|
46,771
|
2
|
46,291
|
48,143
|
3
|
47,520
|
49,421
|
4
|
49,295
|
51,267
|
Class 3
|
|
|
1
|
47,520
|
49,421
|
2
|
49,295
|
51,267
|
3
|
51,762
|
53,832
|
4
|
53,320
|
55,453
|
Class 4
|
|
|
1
|
51,762
|
53,832
|
2
|
53,320
|
55,453
|
3
|
55,534
|
57,755
|
4
|
57,715
|
60,024
|
Class 5
|
|
|
1
|
55,534
|
57,755
|
2
|
57,715
|
60,024
|
3
|
59,919
|
62,316
|
4
|
61,764
|
64,235
|
Class 6
|
|
|
1
|
59,919
|
62,316
|
2
|
61,764
|
64,235
|
3
|
64,165
|
66,732
|
4
|
66,117
|
68,762
|
Class 7
|
|
|
1
|
64,165
|
66,732
|
2
|
66,117
|
68,762
|
3
|
68,117
|
70,842
|
4
|
70,896
|
73,732
|
Class 8
|
|
|
1
|
68,117
|
70,842
|
2
|
70,896
|
73,732
|
3
|
73,117
|
76,042
|
4
|
76,848
|
79,922
|
Class 9
|
|
|
1
|
73,117
|
76,042
|
2
|
76,848
|
79,922
|
3
|
79,059
|
82,221
|
4
|
81,453
|
84,711
|
Class 10
|
|
|
1
|
79,059
|
82,221
|
2
|
81,453
|
84,711
|
3
|
84,701
|
88,089
|
4
|
87,184
|
90,671
|
Class 11
|
|
|
1
|
84,701
|
88,089
|
2
|
87,184
|
90,671
|
3
|
89,795
|
93,387
|
4
|
93,347
|
97,081
|
Class 12
|
|
|
1
|
89,795
|
93,387
|
2
|
93,347
|
97,081
|
3
|
96,478
|
100,337
|
4
|
98,549
|
102,491
|
Class 13
|
|
|
1
|
96,478
|
100,337
|
2
|
98,549
|
102,491
|
3
|
101,818
|
105,891
|
4
|
103,341
|
107,475
|
Class 14
|
|
|
1
|
101,818
|
105,891
|
2
|
103,341
|
107,475
|
3
|
108,128
|
112,453
|
4
|
112,917
|
117,434
|
Class 15
|
|
|
1
|
108,128
|
112,453
|
2
|
112,917
|
117,434
|
3
|
117,705
|
122,413
|
4
|
122,490
|
127,390
|
|
CE (Public
|
MOU
|
Rate
|
|
Sector Salaries
|
Negotiated
|
applicable
|
Other Rates and
Allowances
|
2007) Award
|
Rate
|
of the making
|
Brief Description
|
1/7/2007
|
Per Week
|
of this Award
|
|
|
|
Per Week
|
|
$
|
$
|
$
|
AHIS weekly allowance:
|
|
|
|
inconvenience and 6 incoming calls after/before
|
|
|
|
normal working hours
|
200.00
|
339.00
|
352.56
|
|
|
|
|
For each call above 6 incoming calls in an AHIS
|
|
|
|
roster period; not limited
|
17.30
|
16.60
|
17.26
|
Extra per public holiday falling on a weekday
|
34.70
|
104.00
|
108.16
|
Out of hours disturbance (AHIS Supervising
|
|
|
|
Officers)
|
34.70
|
33.40
|
34.74
|
Late call allowance (for each call between
|
|
|
|
midnight and 0500 hrs)
|
8.70
|
NA
|
NA
|
Total per call
|
26.10
|
NA
|
NA
|
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 a
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 subclause (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 517 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 g=
e 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
Wee 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;
(c) 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.