Crown Employees (Transferred Employees
Compensation) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 578 of 2015)
|
Before Commissioner Stanton
|
17 November 2015
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REVIEWED
AWARD
1. Arrangement
Clause No. Subject
Matter
1. Arrangement
2. Parties
to the Award
3. Intent
and Application
4. Definitions
5. Notice of
Transfer
6. Leave
7. Travelling
and Meal Expenses
8. Temporary
Accommodation Benefits - Commercially Rented
9. Temporary
Accommodation Benefits - Privately Rented
10. Removal
and Storage Expenses
11. Depreciation
and Disturbance Allowance
12. Education
of Children
13. Reimbursement
of Transaction Expenses
14. Reimbursement
of Incidental Costs
15. Retirement
and Death Benefits
16. Additional
Benefits
17. Existing
Entitlements
18. Anti-Discrimination
19. Grievance
and Dispute Settling Procedures
20. Area,
Incidence and Duration
2. Parties to the
Award
The parties to this award are:
Industrial Relations Secretary, and
Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
3. Intent and
Application
3.1 The intent of
the parties to this award is to provide reimbursement towards expenses of
employees transferred to work in a new location which, by necessity of that
transfer, requires them to relocate their principal place of residence in
accordance with the decision of Boland J, President of 17 September 2008 in
matters nos. IRC 445 and 879 of 2008.
3.2 Where an
existing or a new employee is otherwise ineligible for the benefits of this
award an Agency Head may offer in writing to the new or existing employee any
or all of the benefits available under this award on recruitment or appointment
as part of an attraction and retention measure.
The benefits must be clearly detailed in writing at the time of
appointment. Such offers may also be
made to temporary employees.
3.3 Where two
employees who cohabit relocate together to the same
location, reimbursement of expenses must not be claimed twice eg conveyance and
stamp duty. Where applicable, both may claim the leave concessions.
4. Definitions
4.1 "Association"
shall mean the Public Service Association and the Professional Officers’
Association Amalgamated Union of New South Wales.
4.2 "Agency"
means a Public Service agency specified in Schedule 1 of the Government Sector Employment Act 2013.
4.3 "Agency
Head" means a person who is the Secretary of a Department or the head of
another Public Service agency listed in Schedule 1 of the Government Sector Employment Act 2013.
4.4 "Dependant"
means a person who lives in the principal place of residence of the employee and
who is wholly or in part dependent on the employee for support.
4.5 “Employee" means a Public Service Senior Executive or Public
Service employee employed on an ongoing, term or temporary basis as defined in
the Government Sector Employment Act 2013.
4.6 "Excess
rent" is rent which is paid for a private rental property in a new
location which is above the affordable rate for the employee as defined in
clause 9, Temporary Accommodation Benefits - Privately Rented of this award.
4.7 "Family
member" is as defined in clause 81, Sick Leave to Care for a Family Member
of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009.
4.8 “Industrial
Relations Secretary” is the Secretary of the Treasury.
4.9 "Reimbursement"
or "reimbursed" means payment of an expense by the employer which is
actually incurred by the employee, which the Agency Head is satisfied is
reasonable, and for which adequate evidence is produced by the employee.
4.10 "Transferred
Employee" means an employee who has been assigned to a new location and
who, as a consequence of such assignment, finds it necessary to leave their
existing residence and seek or take up a new residence, but shall not include
an employee transferred:
(a) at own request;
(b) who has applied for a role and obtained it through a merit
selection process; or
(c) under an arrangement between officers to exchange positions;
or
(d) who can reasonably commute to the new location; or
(e) where the old
location and the new location are part of the metropolitan area i.e. the
Central Coast on the Northern Line as far as Gosford, the area on the Western
Line as far as Mt Victoria and on the Illawarra Line as far as Wollongong; or
(f) on account of any misconduct;
unless the Agency Head
otherwise approves.
5. Notice of Transfer
5.1 The
Agency Head will give, in writing, as long a period of notice of transfer as is
practicable. A transferred employee will not be transferred with less than ten working
days notice in writing except in special or urgent circumstances.
6. Leave
6.1 Transferred
employees will be given special leave of up to five working days as necessary
to carry out any of the following activities:
6.1.1 Visit the new
location to obtain accommodation
6.1.2 Prepare and pack
personal and household effects prior to removal
6.1.3 Arrange storage
6.1.4 Travel to the
new location for the purpose of commencing duty
6.1.5 Clean the
premises being vacated
6.1.6 Occupy and
settle into the new premises.
6.2 If satisfied
that the activities referred to above cannot be completed within five working
days, the Agency Head may grant additional special leave, as considered
necessary.
6.3 Subject to
operational requirements, where a transferred employee has not been able to
secure permanent accommodation at the new location, the transferred employee
will be entitled to special leave for the amount of time required to travel to
and from their home to enable the transferred employee to spend two consecutive
days and nights at home each four weeks. Where a public holiday occurs
immediately before or after such leave, the leave will be extended by a day and
a night for each such public holiday.
6.4 Where this is
not practical due to the distance home, a transferred employee will accumulate
two days special leave per four weeks until a return home is practical. This
leave will be taken at a time suitable to the Agency Head and the transferred
employee.
7. Travelling and Meal
Expenses
7.1 A transferred
employee shall be entitled to an economy air fare or reimbursement for the use
of a private vehicle paid at the casual rate for motor vehicle allowances as
set out in the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009, on the following
basis:
7.1.1 For the transferred employee and one member of the household
to travel to the new location to seek accommodation.
7.1.2 For the transferred employee and all members of the
household to travel to the new location to commence duty. Where the members of
the household do not travel with the transferred employee to commence duty the
cost of their personal transport will be deferred until such time as they
travel to take up residence at the new location.
7.1.3 For the transferred
employee proceeding on special leave under subclauses 6.3 and 6.4 of clause 6,
Leave of this award.
7.2 Where a
transferred employee elects to use a private vehicle the motor vehicle
allowance shall not exceed the equivalent cost of economy air fares.
7.3 Transferred
employees travelling to the new location to commence duty who elect to use a
private vehicle shall be paid at the official business rate.
7.4 When a
transferred employee, travels to the new location to seek new accommodation he
or she will be reimbursed for overnight accommodation and meals for the journey
to and from the new location for two people under clause 26, Travelling
Compensation of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
8. Temporary
Accommodation Benefits - Commercially Provided
8.1 Temporary
accommodation benefits will be reimbursed for a period of up to four weeks to transferred employees who are relocated and use commercially
provided accommodation such as a hotel.
Such benefits are available in three forms:
8.1.1 Transferred
employees without dependant relatives will be reimbursed up to 50% of the cost
of accommodation provided that the total amount to be reimbursed does not
exceed $254 per week.
8.1.2 Transferred
employees with dependant relatives will be reimbursed up to a maximum of $254
per week plus an additional $27 for each dependant child 6 years and over (max.
contribution $54 per week), where the cost of accommodation exceeds the amount
calculated in the following table:
|
Salary of
Transferred Employee and Spouse
|
Amount
|
Each Dependant
Child 6 yrs of age and
|
|
|
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over (max.
contribution $54 per week)
|
|
$ per annum
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$ per week
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$ per week
|
|
Up to 28,233
|
218
|
27
|
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28,234 to 35,980
|
239
|
27
|
|
35,981 to 46,258
|
262
|
27
|
|
46,259 to 59,477
|
324
|
27
|
|
59,478 and over
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412
|
27
|
8.1.3 A transferred
employee required to move to the new location ahead of the dependants will be
reimbursed up to a maximum of $254 per week, providing the cost of accommodation
is in excess of $51 per week.
8.2 To be eligible
for any Temporary Accommodation Benefit a relocated transferred employee is, by
necessity, required to vacate the existing residence prior to departure for the
new location and secure board and lodging (including for dependants, where
applicable) at the new location pending a residence becoming available.
8.3 This clause
will not apply to Government-owned residences.
8.4 Where the
period of four weeks referred to in subclause 8.1 of this clause is not
sufficient for the transferred employee to obtain suitable permanent
accommodation, the Agency Head will consider each case on its merits but will
require full particulars to be supplied.
8.5 Temporary Accommodation
Benefits will not be paid to more than one person per household.
8.6 The Agency Head
will discontinue payment of Temporary Accommodation Benefits if satisfied the
transferred employee has rejected suitable accommodation.
9. Temporary Accommodation
Benefits - Privately Rented
9.1 Where a
transferred employee secures privately rented accommodation (eg a private
house) at his or her new location and incurs excess rent then the transferred
employee shall receive assistance as per the table below:
|
Employee with 2 or more dependant children
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$68 per week
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|
Employee with 1 dependant child
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$59 per week
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Employee without dependant children
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$51 per week
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9.2 The formula for
excess rent is as follows.
Excess rent in respect of any transferred employee
means rent in excess of the employee’s weekly contribution calculated as
follows:
|
Contribution
|
=
|
Substantive salary
|
x
|
(Substantive
salary + 2927)
|
|
|
|
|
|
101,840
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"An employee’s weekly contribution" shall be
the "Contribution" as above multiplied by 7 and divided by 365.25
The formula for calculating an employee’s weekly
contribution is based on:
(a) 15% of the
salary of a General Scale Clerk, Step 10 A&C
(b) 20% of the
salary of Clerk, min. Grade 4 A&C
(c) 25% of the
salary of Clerk, min. Grade 7 A&C
In the event of movement in the salaries for these
classifications in the Crown Employees
(Administrative and Clerical Officers - Salaries) Award 2007, the formula will
be varied as follows:
replacing the figure of 101,840 by ten times the
difference between the salaries for the Step 10 of the General Scale and for
the minimum of Grade 7, A&C and,
replacing the figure of 2,927
by the difference between the salary for the Step 10 of the General scale and
15% of the figure referred above.
9.3 Agency Heads
may require transferred employees to show evidence of difficulties in obtaining
cheaper private accommodation, including the provision by a transferred employee
of a statutory declaration.
9.4 In exceptional
circumstances, Agency Heads may extend excess rent payments beyond six months,
including in areas where there is an acute shortage of housing of a reasonable
standard, and areas experiencing extremely high rents due to conditions which
are abnormal compared with those generally in New South Wales.
10. Removal and
Storage Expenses
10.1 A transferred
employee shall be entitled to reimbursement for the costs incurred in removing
personal and household effects to the new location, including:
10.1.1 Expenses
reasonably incurred by transferred employees and their families for meals and
accommodation during the course of the journey.
10.1.2 Cost of
transporting a second vehicle by either rail, road transport or driving (motor
vehicle allowance to be paid at the casual rate) to the transferred employee’s
new location.
10.1.3 Cost of insuring
furniture and effects whilst in transit up to an amount of $38,000. If the insured amount exceeds that amount,
the case may be referred to the Agency Head for consideration.
10.1.4 An advance payment
to cover the whole or part of the removal expenses provided that the
transferred employee repays any unused portion within one month of incurring
the cost of removal, unless the Agency Head otherwise approves.
10.1.5 Meal and
accommodation expenses reasonably incurred where, due to circumstances beyond
the control of the transferred employee, the furniture and household effects
arrive late at the new location, or are moved before the transferred employee’s
departure from the former location.
10.2 Where the Agency
Head is satisfied that a transferred employee is unable to secure suitable
accommodation at the new location and is required to store furniture,
reimbursement for the cost of transport and storage will be made. The
transferred employee shall also be allowed the cost of insurance of furniture
while in storage on the same basis as prescribed in paragraph 10.1.3 of this
clause.
11. Depreciation and
Disturbance Allowance
11.1 Where the Agency
Head is satisfied that the transferred employee has removed a substantial
portion of the household’s furniture, furnishings and fittings, the transferred
employee will be paid a Depreciation and Disturbance Allowance of $1,126
compensation for the accelerated depreciation of personal and/or household
effects to the value of $7,037 or pro rata if the value is less.
12. Education of
Children
12.1 A transferred employee
will be reimbursed for accommodation expenses exceeding $27 per week, up to a
maximum of $56 per week, for each dependant child undertaking Year 12 where the
elected subjects are not available at a school in the transferred employee’s
new location. The transferred employee will be required to provide a
certificate from the Department of Education confirming that the elected
subjects are not available at the transferred employee’s new location.
12.2 A transferred
employee will be reimbursed costs for the replacement of essential school
clothing and ancillary items for each dependant child required to change
schools as a result of the employee’s transfer from the former location to the
new location subject to advice from the new school.
13. Reimbursement of
Transaction Expenses
13.1 A transferred
employee who sells a residence at the former location and buys a residence (or
land upon which to build a residence), as a result of the transfer to the new
location, will be reimbursed for Transaction Expenses.
13.2 Such Transaction
Expenses will include:
13.2.1 Professional costs and disbursements of a
solicitor or registered conveyancing company;
13.2.2 Stamp duty on the purchase;
13.2.3 Real estate agent commission on the sale of
former residence;
13.2.4 Registration fees on transfers and mortgages
on the residence, or the land and a house erected on the land;
13.2.5 Stamp duty paid in respect of any mortgage
entered into or the discharge of mortgage in connection with transactions for
the sale and purchase.
13.3 Transaction
expenses will only be paid where the sale and purchase are completed up to 2
years after any relocation.
13.4 Other than for
stamp duty as detailed in subclause 13.5 of this clause, a maximum property
value of $520,000 per property for sale and purchase will determine the limit
of Transaction Expenses paid to a transferred employee.
13.5 Stamp duty will
be paid in full where occupation of the residence occurs within fifteen months from
the date of commencement at the new location. Where occupation of the residence
occurs after 15 months but within 2 years from the date of commencement at the
new location, reimbursement of stamp duty will not exceed the property value of
$520,000.
13.6 Transaction
Expenses will be paid where the sale and purchase transactions are completed no
earlier than 6 months prior to commencing work at the new location.
13.7 The Agency Head
may consider payment of transaction expenses on a sale and/or purchase of a
residence more than 2 years after relocation, if satisfied there is good
reason. The transferred employee must
provide full details of why the sale and/or purchase could not be completed
within the 2 year period.
13.8 A transferred
employee who does not sell a residence at the former location, but buys a
residence at the new location (or land upon which to build a residence), shall
be entitled to reimbursement for Transaction Expenses outlined in this clause,
provided the transferred employee enters into occupation within 15 months of
transfer to the new location.
14. Reimbursement of
Incidental Costs
14.1 The transferred
employee will receive reimbursement for the following Incidental Costs of
relocation:
14.1.1 Council rates and
charges levied upon an unsold former residence for any period during which the
former residence remains untenanted to allow the sale of the property of the
relocating transferred employee;
14.1.2 Gas and
electricity connection costs to the new residence, and telephone connection
provided the telephone was connected at the transferred employee’s former
residence;
14.1.3 Survey
certificates and pest inspection costs for the new residence;
14.1.4 Mail re-direction
from the former residence to the new residence for 1 month.
15. Retirement and
Death
15.1 Upon retirement
from the Public Service the transferred employee will enjoy the benefits of
clause 10, Removal and Storage Expenses of this award for relocation to a place
of their choice within the State of NSW provided the transferred employee’s
relocation is effected within 12 months following the date of retirement.
15.2 In the event a
transferred employee dies, the partner and dependant children or dependant
relatives will receive the benefits of clause 10, Removal and Storage Expenses
of this award for relocation to a single place of their choice within the State
of NSW. Claims under this subclause may be made up to 12 months after the death
of the transferred employee.
15.3 For retirement
and death the maximum amount of reimbursement will be limited to that payable
had the transferred employee moved to the place of original recruitment to the
Public Service.
15.4 "The place
of original recruitment" means the address of the workplace where the transferred
employee first began duty with the NSW Public Service.
16. Additional
Benefits
16.1 Subject to
approval from the Industrial Relations Secretary, an Agency Head may offer
additional support or benefits not specifically referred to in this award to
assist in the attraction, recruitment or relocation of an employee to a
location. For example this may include
assistance with housing, education or career development expenses.
17.
Existing Entitlements
17.1 This award shall not operate to deprive a
transferred employee assigned to work at a new location, prior to the making of
this award, of any existing entitlements to compensation.
18.
Anti-Discrimination
18.1 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.
18.2 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.
18.3 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.
18.4 Nothing in this clause
is to be taken to affect:
18.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
18.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
18.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination
Act 1977;
18.4.4 a
party to this award from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
18.5 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.
18.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
18.5.2 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."
19.
Grievance and Dispute Settling Procedures
19.1 All grievances and disputes relating to the
provisions of this award 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 the appropriate Division, if required.
19.2 An employee is required to notify in
writing their immediate manager, as to the substance of the grievance, dispute
or difficulty, request a meeting to discuss the matter, and if possible, state
the remedy sought.
19.3 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 employee to
advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Agency Head
or delegate.
19.4 The immediate manager, or other appropriate
officer, shall convene a meeting in order to resolve the grievance, dispute or
difficulty within two (2) working days, or as soon as practicable, of the
matter being brought to attention.
19.5 If the matter remains unresolved with the
immediate manager, the employee may request to meet the appropriate person at
the next level of management in order to resolve the matter. This manager shall
respond within two (2) working days, or as soon as practicable. The employee
may pursue the sequence of reference to successive levels of management until
the matter is referred to the Agency Head.
19.6 The Agency Head may refer the matter to the
Industrial Relations Secretary for consideration.
19.7 If the matter remains unresolved, the
Agency Head shall provide a written response to the employee 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.
19.8 An employee, at any stage, may request to
be represented by the Association.
19.9 The employee or the Association on their behalf, or the Agency Head may refer the matter to the New
South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
19.10 The employee, Association, Agency and
Industrial Relations Secretary shall agree to be bound by any order
or determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
19.11 Whilst the procedures outlined in subclauses
19.1 to 19.10 of this clause are being followed, normal work undertaken prior
to notification of the dispute or difficulty shall continue unless otherwise
agreed between the parties, or, in the case involving occupational health and
safety, if practicable, normal work shall proceed in a manner which avoids any
risk to the health and safety of any employee or member of the public.
20. Area, Incidence
and Duration
20.1 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 IG 359) take
effect on and from 17 November 2015.
20.2 Changes made to
this award subsequent to it first being published on 28 August 2009 (368
I.G.1521) have been incorporated into this award as part of the review.
20.3 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
J. D. STANTON, Commissioner
____________________
Printed by the authority of the Industrial Registrar.