CROWN EMPLOYEES (DEPARTMENT OF SPORT AND RECREATION CENTRES AND
ACADEMIES MANAGERS) AWARD 2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the Public Employment Office.
(No. IRC 2242 of 2002)
Before the Honourable
Justice Schmidt
|
10 May 2002
|
AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Parties
4. Classifications
5. Salaries
6. General
Conditions of Employment
7. Hours of
Duty
8. Residential
Requirements
9. Compensation
for On-Call, Out-of-Hours, Weekend and Public Holiday Duty
10. Annual
Leave Loading
11. Automatic
Deduction of Union Fees
12. Anti-Discrimination
13. Dispute
Resolution Procedures
14. No Extra
Claims
15. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Annual Allowance
APPENDIX 1
Centre and Academy Locations
1. Title
1.1 This award
will be known as the Crown Employees (Department of Sport and Recreation
Centres and Academies Managers) Award 2002.
2. Definitions
"Academy" refers specifically to the two Academies
of Sport and Recreation at Narrabeen and Jindabyne (as listed at Appendix 1)
which are responsible for the development of elite and talented athletes as well
as operating as a centre. Instruction
is also provided in outdoor education, sport and recreation for all members of
the community.
"Assistant General Manager" refers to an officer
occupying a position of Assistant General Manager in a Centre or Academy.
"Centre" refers to a departmental residential
establishment or site (as listed at Appendix 1) where instruction is provided
in outdoor education, sport and recreation for members of the community. It also includes any place designated as
part of, or as annex to, such an establishment.
"Director-General" refers to the Director-General
of the NSW Department of Sport and Recreation.
"Department" refers to the NSW Department of Sport
and Recreation.
"General Manager" refers to an officer occupying a
position of General Manager in a Centre or Academy.
"Officer" refers to and includes all persons
permanently or temporarily employed under the provisions of the Public Sector Management Act 1988 and
who, as at the operative date of this award, were occupying one of the
positions covered by this award or who, after that date, are appointed to or
employed in any of such positions.
"Service" refers to continuous service with the
Department in a position covered by the award.
"Service Co-ordinator" refers to an officer
occupying a position of Service Co-ordinator in a Centre or Academy.
"Union" refers to the Public Service Association
and Professional Officers' Association Amalgamated Union of New South Wales.
3. Parties
3.1 This award has
been made between the following parties:
Public Employment Office
Public Service Association and Professional Officers'
Association Amalgamated Union of New South Wales
NSW Department of Sport and Recreation
4. Classifications
4.1 The classification
and grade of the positions covered by this award are:
General Manager (Sydney Academy of Sport and
Recreation), Clerk Grade 11/12
General Manager (Winter Academy of Sport and
Recreation), Clerk Grade 11
General Manager (Centres), Clerk Grade 9/10
Assistant General Manager Services (Sydney Academy of
Sport and Recreation), Clerk Grade 9/10
Assistant General Manager (Centres), Clerk Grade 7/8
Service Co-ordinator, Clerk Grade 4/5
Positions at Academies which have rostered and/or
on-call responsibilities as determined by the Director-General excluding
Program Staff, Catering Officers and Maintenance Officers
5. Salaries
5.1 Salary rates
applicable to classifications covered by this award will be payable in
accordance with Table 1 - Salaries, of Part B, Monetary Rates.
5.2 Salary rates
provided for in this award shall be adjusted in accordance with variations to
the Crown Employees (Public Sector - Salaries January 2002) Award published 7
June 2002 (334 I.G. 1), as varied, or any award made replacing the said award.
6. General Conditions
of Employment
6.1 Officers shall
be entitled to conditions of employment as set out in this award or, where this
award is silent, conditions of employment as provided for under the Public Sector Management Act 1988 and
Regulations and the Crown Employees (Public Service Conditions of Employment)
Award 1997 published 3 August 2001 (326 I.G. 625), as varied.
7. Hours of Duty
7.1 The contract
working hours will be 35 hours per week averaged over a four week period. Rostered hours of duty may include any day
of the week including Saturday, Sunday and public holidays.
7.2 Officers shall
be rostered for 19 days within a four week roster cycle.
7.3 Officers shall
not be rostered for more than 10 consecutive calendar days over any period.
7.4 Officers are
entitled to nine days rostered off duty including a minimum of two x two
consecutive rostered days off in any four week roster period. Where it is not possible to roster 9 days
off in a four week roster period, the days not taken may be carried over and
utilised in the next roster period. If
not taken in the next roster cycle, the entitlement shall be forfeited.
7.5 Hours of duty
shall be determined by way of roster, which shall be displayed in an area
available to all officers not less than seven days prior to the commencement of
the four week roster cycle.
7.6 Weekend and
public holiday duty is based on client demand and shall be allocated equitably
between the General Manager, Assistant General Manager and Services
Co-ordinator.
8. Residential
Requirements
8.1 It is a
requirement that officers under this award will reside on site. However, the Deputy Director-General has
the authority to consider exemptions from this requirement.
8.2 The manner in
which accommodation and food/meals are administered for officers shall be
consistent with the Department’s Sport and Recreation Centres and Academies of
Sport Accommodation and Meals Policy.
9. Compensation for
On-Call, Out-of-Hours, Weekend and Public Holiday Duty.
9.1 Officers are
entitled to an annual allowance as specified in Table 2 - Annual Allowance, of
Part B, Monetary Rates, and 25 days' recreation leave as compensation for
out-of-hours, weekend and public holiday work, for being on-call and for duty
undertaken after being "called" for duty. Recreation leave will be administered consistent with general
public sector provisions.
9.2 The annual
allowance will be adjusted in accordance with variations to the Crown Employees
(Public Sector - Salaries January 2002) Award published 7 June 2002 (334 I.G.
1), as varied, or any award made replacing the said award
9.3 "On
call" is defined as being available for additional duties, when not on
duty performing rostered weekly contract hours. Officers are required to be on call to perform such additional
duties (e.g. emergencies) on a rostered basis.
9.4 On-call duty
shall be rostered equitably between the General Manager, Assistant General
Manager and Services Coordinator.
9.5 The General
Manager may call for expressions of interest from staff who wish to be
considered as alternative on-call staff.
This may be instituted on a long-term basis where there are only two
positions covered by this award in the Centre or Academy staffing
structure. No alternative member of
staff can be forced to assume on-call responsibilities. Any such arrangement must be by agreement
between the individual employee and the General Manager and will be subject to
the approval of the Regional Director in the case of Centres, or the Directors
of the Sydney or South Coast Region in the case of the Academies. The Deputy Director-General will determine
if the nominated staff member is required to reside on-site.
9.6 On-call
allowance may also be paid on a short-term temporary basis when the normal
recipient is on leave for a period of at least one week. The allowance is payable for the whole
period of leave and not only for those days that the temporary recipient is
rostered on-call.
9.7 All on-call
conditions as determined by this clause shall apply to those officers
elected. If a staff member already
receives an allowance for similar after-hours responsibilities under another
industrial instrument, the total of their on-call duties will not exceed the
total of their duties under the first instrument.
9.8 Officers
required to be called for duty whilst not rostered on duty and not rostered on
call shall be entitled to the equivalent time off within the roster
period. Where it is not possible for
time off within that period, the time may be carried forward to the next roster
period and must be taken in that period.
9.9 The annual
allowance is an all-inclusive payment that represents compensation for all
incidences of employment. No additional
entitlement accrues for officers who are called to perform duty whilst on call.
10. Annual Leave
Loading
10.1 Officers are
entitled to an annual leave loading of 17.5% calculated on four weeks' annual
leave.
11. Automatic
Deduction of Union Fees
11.1 The Department
undertakes to deduct union subscriptions from the pay of members of the Union
who have signed the appropriate authority and forward the amount deducted
directly to the Union on behalf of the members on a fortnightly basis.
12.
Anti-Discrimination
12.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
12.2 It follows
that, in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
12.3 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.
12.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing
junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
12.5 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.
12.6 The Department
and its employees may also be subject to Commonwealth anti-discrimination
legislation.
12.7 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."
13. Dispute
Resolution Procedures
13.1 The aim of this
procedure is to ensure that, during the life of this award, industrial disputes
are prevented, or resolved as quickly as possible, at the level they occur
within the workplace. For the purpose
of this procedure, industrial disputes are distinguished from grievances which
are to be dealt with under the Department’s grievance handling procedures.
13.2
(a) In the first
instance, the employee(s) will notify (in writing or otherwise) the immediate
supervisor, or other appropriate persons, as to the substance of the dispute,
request a bilateral meeting to discuss it and state the remedy sought. A meeting should be held within 48 hours of
notification.
(b) If the matter
is not resolved in this meeting, the matter shall be further discussed by the
employee(s) and, at their request, the appropriate union workplace delegate, the
immediate supervisor and the manager.
This should take place within 48 hours of step (a).
(c) If the matter
remains unresolved, the matter shall be further discussed by the employees and,
at their request, the appropriate workplace delegate, the immediate supervisor,
the supervisor’s manager and a more senior management representative. This should take place within 48 hours of
the completion of step (b).
(d) If the matter
remains unresolved, it should be discussed/negotiated between the employee(s) and,
at their request, a representative of their choice or, if the employee(s)
is/are union members, representatives of the State branch of the union(s)
concerned and the relevant senior management of the employer. These actions should take place as soon as
it is apparent that the earlier discussions will not resolve the dispute.
(e) A matter
relating to the conditions of employment fixed by this award may be submitted
by one or other of the parties, when steps (a) to (d) above have been
exhausted, to the relevant industrial tribunal which may exercise its functions
under the Industrial Relations Act
1996.
(f) Where the
issue in dispute relates to a change of a work or management practice,
pre-existing practice shall be allowed to continue until the issue has been
finally resolved. Neither party shall
be prejudiced as to the final settlement by the continuance of work in
accordance with this subclause.
14. No Extra Claims
14.1 Parties to this
award undertake that, for the period of this award, they will not pursue any
extra claims, except those allowed under section 17(3) of the Industrial Relations Act 1996.
15. Area, Incidence
and Duration
15.1 This award
shall apply to all officers employed in Centres and Academies of the Department
of Sport and Recreation who, at the operative date of this award, are employed
in the positions of General Manager (Centres and Academies), Assistant General
Manager (Centres and Academies), Service Co-ordinator (Centres and Academies)
and positions at Academies which have rostered and/or on-call responsibilities
as determined by the Director-General excluding Program Staff, Catering
Officers and Maintenance Officers.
15.3 The employees
covered by this award are employed in terms of the Public Sector Management Act 1988 and, to the extent that this
award is silent, will be covered by the provisions of that Act and associated
Regulations and the Crown Employees (Public Service Conditions of Employment)
Award 1997 published 3 August 2001 (326 I.G. 625), as varied.
15.4 This award
shall take effect on and from 1 January 2002 and shall remain in force until 30
June 2004.
PART B
MONETARY RATES
Table 1 - Salaries
|
First pay
|
First pay
|
First pay
|
Classification
|
period
|
period
|
period
|
|
following
|
following
|
following
|
|
1.1.02
|
1.1.03
|
1.7.03
|
|
(3%)
|
(4%)
|
(5%)
|
General Manager (Sydney Academy of Sport and
|
|
|
|
Recreation), Clerk Grade 11/12
|
|
|
|
1st year
|
$71,694
|
$74,562
|
$78,290
|
2nd year
|
$74,735
|
$77,724
|
$81,610
|
3rd year
|
$79,416
|
$82,593
|
$86,723
|
4th year
|
$82,914
|
$86,231
|
$90,543
|
General Manager (Winter Academy of Sport and
|
|
|
|
Recreation), Clerk Grade 11
|
|
|
|
1st year
|
$71,694
|
$74,562
|
$78,290
|
2nd year
|
$74,735
|
$77,724
|
$81,610
|
General Manager (Centres), Clerk Grade 9/10
|
|
|
|
1st year
|
$61,987
|
$64,466
|
$67,689
|
2nd year
|
$63,730
|
$66,279
|
$69,593
|
3rd year
|
$66,333
|
$68,986
|
$72,435
|
4th year
|
$68,309
|
$71,041
|
$74,593
|
Assistant General Manager Services (Sydney Academy of
|
|
|
|
Sport and Recreation), Clerk Grade 9/10
|
|
|
|
1st year
|
$61,987
|
$64,466
|
$67,689
|
2nd year
|
$63,730
|
$66,279
|
$69,593
|
3rd year
|
$66,333
|
$68,986
|
$72,435
|
4th year
|
$68,309
|
$71,041
|
$74,593
|
Assistant General Manager (Centres), Clerk Grade 7/8
|
|
|
|
1st year
|
$54,379
|
$56,554
|
$59,382
|
2nd year
|
$56,006
|
$58,246
|
$61,158
|
3rd year
|
$58,339
|
$60,673
|
$63,707
|
4th year
|
$60,193
|
$62,601
|
$65,731
|
Service Co-ordinator, Clerk Grade 4/5
|
|
|
|
1st year
|
$43,062
|
$44,784
|
$47,023
|
2nd year
|
$44,385
|
$46,160
|
$48,468
|
3rd year
|
$47,850
|
$49,764
|
$52,252
|
4th year
|
$49,360
|
$51,334
|
$53,901
|
Table 2 - Allowance
|
First pay period
|
First pay period
|
First pay period
|
|
following 1.1.02
|
following 1.1.03
|
following 1.7.03
|
|
(3%)
|
(4%)
|
(5%)
|
Annual Allowance
|
$5,358
|
$5,572
|
$5,851
|
Appendix 1
Crown Employees (Department Of Sport and Recreation Centres
and Academies Managers) Award 2002
Centre And Academy Locations
Berry
Sport and Recreation Centre
BERRY 2535
Borambola
Sport and Recreation Centre
660A
Tarcutta Road
WAGGA
WAGGA 2650
Broken
Bay Sport and Recreation Centre
BROOKLYN 2083
Lake
Ainsworth Sport and Recreation Centre
LENNOX
HEAD 2478
Lake
Burrendong Sport and Recreation Centre
MUMBIL 2820
Lake
Jindabyne Sport and Recreation Centre/Winter Sports Academy
JINDABYNE 2627
Lake
Keepit Sport and Recreation Centre
GUNNEDAH 2380
Milson
Island Sport and Recreation Centre
BROOKLYN 2083
Myuna
Bay Sport and Recreation Centre
DORA
CREEK 2264
Point
Wolstoncroft Sport and Recreation Centre
GWANDALAN 2259
Sydney
Academy of Sport
Wakehurst
Parkway
NARRABEEN 2101
M. SCHMIDT J.
____________________
Printed by
the authority of the Industrial Registrar.