Crown Employees (General Assistants in Schools -
Department of Education) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 167156 of 2021)
|
Before Commissioner Sloan
|
30 August 2021
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Purpose of
this Award
3. Definitions
4. Anti-Discrimination
5. Rates of
Pay
5A. Payment during
school vacations
6. Hours
7. Training
and Development
8. Dispute
Resolution Procedures
9. Duties as
Directed
10. Deduction
of Union Membership Fees
11. Entitlements
for Short Term Temporary Employees
12. No Further
Claims
13. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
2. Purpose of This
Award
2.1 This award
establishes the rates of pay of General Assistants.
3. Definitions
3.1 "Act"
means the Government Sector Employment Act 2013.
3.2 "Association"
means the Public Service Association and Professional Officers Association
Amalgamated Union of New South Wales.
3.3 "General
assistant" means a person employed as such in a government school by the
Secretary under the Act. The primary purpose of the role is to perform a range
of tasks relating to the routine maintenance and upkeep of a Departmental
school/grounds. The role may assist with the set-up and removal of furniture
and equipment for school activities.
3.4 "Department"
means the New South Wales Department of Education.
3.5 "Full-time
general assistant" means a general assistant employed for 38 hours per
week.
3.6 "Industrial
Relations Commission" means the Industrial Relations Commission
established by the New South Wales Industrial Relations Act 1996.
3.7 "Long term
temporary general assistant" means a general assistant employed on a
temporary basis, either full-time or part-time, under Section 43 of the Act,
for a period in excess of one school term.
3.8 "Ongoing
general assistant" means any general assistant employed on an ongoing
basis, either full-time or part-time, under Section 43 of the Act.
3.9 "Part-time
general assistant" means a general assistant who works up to 35.5 hours
per week.
3.10 "Parties"
means the Secretary of the Department of Education and the Association.
3.11 "Principal"
means the principal of a Departmental school.
3.12 "School"
means a Department school or other centre where instruction is provided by the
Department and includes any place designated as part of, or as an annexe to,
such school.
3.13 "Secretary"
means the Secretary of the Department of Education.
3.14 "Short term
temporary general assistant" means a general assistant employed on a temporary
basis, either full-time or part-time, under Section 43 of the Act, for a period
of one school term or less.
4. Anti-Discrimination
4.1 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.
4.2 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.
4.3 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.
4.4 Nothing in this
clause is to be taken to affect:
4.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
4.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
4.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
4.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
4.5 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.
5. Rates of Pay
5.1 The rates of pay
that apply to general assistants are set out in Table 1 - Rates of Pay of Part
B, Monetary Rates.
5.2 Part-time
general assistants who work 35.5 hours per week or less receive the relevant
part-time rates of pay as set out in the said Table 1.
5.3 Short term temporary
general assistants who work for one term or less receive a loaded rate of pay.
5.4 Long term
temporary general assistants who work for more than one school term receive an
unloaded rate of pay.
5.5 Salary Packaging
Arrangements, including Salary Sacrifice to Superannuation. An employee may
elect, subject to the agreement of the Department to enter into a Salary
Packaging Arrangement in accordance with the provisions of clause 5 of the
Crown Employees (Public Sector - Salaries 2021) Award or any variation or
replacement Award.
5a. Payment During
School Vacations
This clause applies to general assistants employed under
Section 43(1)(b) of the Government Sector Employment Act 2013.
5A.1 When schools are
in recess and employees are not required to work they will be paid half
ordinary pay for the period of recess provided that they are continuously
employed for the full school term immediately preceding and for the full school
term immediately following the recess.
Provided that where an employee takes leave without
pay, in accordance with the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 exceeding five continuous days in a school
term, the period of the school vacation next following such leave for which
payment is made pursuant to this clause is reduced proportionately. A period of
leave without pay of five continuous days or less will not lead to a reduction
in award entitlement.
5A.2 Subclause 5A.1
does not apply in the first four weeks of the summer vacation whether or not
the employee is receiving payment for recreation leave pursuant to the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 or when
the employee is being paid for a public holiday.
6. Hours
6.1 The ordinary
hours of work for full-time general assistants are 38 per week and must be
worked between the hours of 6.00 am and 6.00 pm Monday to Friday (inclusive)
for eight hours per day on 19 days of each 20 day cycle.
6.2 A general
assistant is credited with 0.4 of one hour for each day worked with such time
accruing as an entitlement to take one day off duty, with pay, in each four
weekly cycle of 20 working days.
6.3 A general
assistant who has not worked, or is not regarded by reason of subclauses 6.6
and 6.7 of this clause as having worked a complete four week cycle, receives
pro-rata accrued entitlements for each day worked (or each fraction of a day
worked) or regarded as having been worked in such cycle, payable for the
rostered day off or, in the case of termination of employment on termination.
6.4 The general
assistant's rostered day off duty prescribed in subclause 6.2 of this clause,
is determined by mutual agreement between a general assistant and the principal
of the school concerned. It may be taken on a rostered basis or accumulated and
taken in the school vacation next occurring or such other method as may be
agreed upon.
6.5 Once set the
rostered day off duty may not be changed in a current cycle unless there are
genuine unforeseen circumstances prevailing. Where such circumstances exist and
the rostered day off is changed, another day is to be substituted in the
current cycle. Should this not be practicable the day must be given and taken
in the next cycle immediately following.
6.6 A general assistant
entitled to rostered days off duty in accordance with subclause 6.2 of this
clause, continues to accumulate credit towards their rostered day off duty
whilst on recreation, military, family and community service, study, special
and sick leave. Where a general
assistant's rostered day off duty falls during a period of sick leave, the
general assistant's available sick leave is not debited for that day.
6.7 Where a general
assistant is absent on extended leave and/or workers' compensation during a
cycle and returns prior to or on the rostered day off, time absent during that
cycle is regarded as accruing 0.4 of one hour as prescribed in subclause 6.2
for each day towards the next rostered day off (pro-rata for part of a day). A
general assistant who is absent on extended leave and/or workers' compensation
for a full cycle is not entitled to a rostered day off.
6.8 Part-time
general assistants are not entitled to a rostered day off but have ordinary
daily hours of 7.6 or pro-rata for part of a day.
7. Training and
Development
7.1 The Department
confirms its commitment to training and development for general assistants.
7.2 Where required
by the Department, general assistants will be provided with opportunities for
training and development so that they will form a highly skilled, competent and
committed workforce, experiencing job satisfaction and providing high quality
service.
7.3 General
assistants will be entitled to reimbursement of any necessary expenses, as
determined by the Department, regarding travel, meals and accommodation in
attending training and development activities.
8. Dispute Resolution
Procedures
8.1 Subject to the
provisions of the Industrial Relations Act 1996, should any dispute
(including a question or difficulty) about an industrial matter arise, then the
following procedures apply.
8.1.1 Should any
dispute, or question or difficulty arise as to matters occurring in a
particular workplace, then the employee and/or Association workplace
representative will raise the dispute, question or difficulty with the
principal or supervisor as soon as practicable.
8.1.2 The principal or
supervisor will discuss the matter with the employee and/or Association
representative within two working days with a view to resolving the dispute,
question or difficulty or by negotiating an agreed method and time frame for
proceeding.
8.1.3 Should the above
procedure be unsuccessful in producing a resolution of the dispute, question or
difficulty or should the matter be of a nature which involves multiple
workplaces, then the individual employee or the Association may raise the
matter with an appropriate officer of the Department with a view to resolving
the dispute, question or difficulty or negotiating an agreed method and time
frame for proceeding.
8.1.4 Where the
procedures in paragraph 8.1.3 of this subclause do not lead to resolution of
the dispute, question or difficulty, the matter will be referred to the
Executive Director, Employee Relations of the Department and the General
Secretary of the Association. They or their nominees will discuss the dispute,
question or difficulty with a view to resolving the matter or by negotiating an
agreed method and time frame for proceeding.
8.1.5 Should the above
procedures not lead to resolution then either party may make application to the
Industrial Relations Commission of New South Wales.
9. Duties as Directed
9.1 The Secretary, delegate,
nominee or representative may direct a general assistant to carry out such
duties as are within the limits of the general assistant's skills, competence
and training.
9.2 Any directions
issued by the Secretary pursuant to subclause 9.1 of this clause must be
consistent with the Secretary’s responsibility to provide a safe, healthy
working environment.
10. Deduction of Union
Membership Fees
10.1 The Association
must provide the employer with a schedule setting out the Association’s
fortnightly membership fees payable by members of the Association in accordance
with the Association’s rules.
10.2 The Association
must advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation
to the schedule of Association fortnightly membership fees payable must be
provided to the employer at least one month in advance of the variation taking
effect.
10.3 Subject to 10.1
and 10.2 above, the employer must deduct Association fortnightly membership
fees from the pay of any employee who is a member of the Association in
accordance with the Association’s rules, provided that the employee has
authorised the employer to make such deductions.
10.4 Monies so
deducted from employees’ pay will be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to employees’ Association membership accounts.
10.5 Unless other
arrangements are agreed to by the Department and the Association, all
Association membership fees are to be deducted on a fortnightly basis.
10.6 Where an employee
has already authorised the deduction of Association membership fees from his or
her pay prior to this clause taking effect, nothing in this clause will be read
as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
11. Entitlements for
Short Term Temporary Employees
11.1 Other than as
described under subclauses 11.3, 11.4, 11.5 and 11.6 of this clause, short term
temporary employees are not entitled to any other paid or unpaid leave.
11.2 As set out in
subclause 5.3, the short term temporary rates of pay incorporate a payment in
lieu of a recreation leave entitlement.
11.3 Short term
temporary employees will be entitled to Long Service Leave in accordance with
the provisions of the Long Service Leave Act 1955.
11.4 Short term temporary
employees will be entitled to unpaid parental leave under Chapter 2, Part 4,
Division 1, Section 54 Entitlement to Unpaid Parental leave, Industrial
Relations Act 1996, if they meet the definition of a regular casual
employee (see section 53(2) of the Industrial Relations Act 1996). The
following provisions also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
11.4.1 The Secretary must
not fail to re-engage a short term temporary employee who meets the definition
of a regular casual employee because:
(i) the
employee or employee's spouse is pregnant; or
(ii) the employee is
or has been immediately absent on parental leave.
The rights of the Secretary in relation to engagement
and re-engagement of short term temporary employees are not affected, other
than in accordance with this clause.
11.5 Personal Carers
entitlement for short term temporary employees
11.5.1 Short term
temporary employees are entitled to not be available to attend work, or to
leave work if they need to care for a family member described in 11.8.2 of the
award who is sick and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child. This entitlement is subject to
the evidentiary requirements set out below in 11.5.4, and the notice
requirements set out in 11.5.5.
11.5.2 The Secretary and
the short term temporary employee must agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The short term temporary employee is
not entitled to any payment for the period of non-attendance.
11.5.3 The Secretary must
not fail to re-engage a short term temporary employee because the employee
accessed the entitlements provided for in this clause. The rights of the
Secretary to engage or not to engage a short term temporary employee are
otherwise not affected.
11.5.4 The short term
temporary employee must, if required,
(i) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(ii) establish by
production of documentation acceptable to the Secretary or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a short term temporary
employee must not take carer's leave under this subclause where another person
had taken leave to care for the same person.
11.5.5 The short term
temporary employee must, as soon as reasonably practicable and during the
ordinary hours of the first day or shift of such absence, inform the Secretary
of their inability to attend for duty. If it is not reasonably practicable to
inform the Secretary during the ordinary hours of the first day or shift of
such absence, the employee will inform the Secretary within 24 hours of the absence.
11.6 Bereavement
entitlements for short term temporary employees
11.6.1 Short term
temporary employees are entitled to not be available to attend work, or to leave
work upon the death in Australia of a family member on production of
satisfactory evidence (if required by the Secretary).
11.6.2 The Secretary and
the short term temporary employee must agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The short term temporary employee is
not entitled to any payment for the period of non-attendance.
11.6.3 The Secretary must
not fail to re-engage a short term temporary employee because the employee
accessed the entitlements provided for in this clause. The rights of the
Secretary to engage or not engage a short term temporary employee are otherwise
not affected.
11.6.4 The short term
temporary employee must, as soon as reasonably practicable and during the
ordinary hours of the first day or shift of such absence, inform the Secretary
of their inability to attend for duty. If it is not reasonably practicable to
inform the Secretary during the ordinary hours of the first day or shift of
such absence, the employee will inform the Secretary within 24 hours of the
absence.
11.7 The entitlement
in accordance with this clause is subject to:
11.7.1 the employee being
responsible for the care and support of the person concerned; and
11.7.2 the person
concerned being:
(i) a
spouse of the employee; or
(ii) a de facto
spouse, being a person of the opposite sex to the employee who lives with the
employee as her husband or his wife on a bona fide domestic basis although not
legally married to that employee; or
(iii) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or of the spouse or of the
de facto spouse of the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household where, for the purposes of
this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
12. No Further Claims
12.1 The no extra
claims clause (clause 8) contained in the Crown Employees (Public Sector -
Salaries 2021) Award applies to employees covered by this award.
13. Area, Incidence
and Duration
13.1 This award
applies to all General Assistants as defined in clause 3, Definitions above.
13.2 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (General Assistants in
Schools - Department of Education) Award published 6 March 2020 (386 I.G.
1219), as varied.
13.3 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 I.G. 359) take effect on and from 27 August 2021.
13.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
13.5 Changes made to
this award subsequent to it first being published on 6 March 2020 (386 I.G.
1219) have been incorporated into this award as part of the review.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Effective from the beginning of the first pay period to
commence on or after 1.7.21.
|
General Assistant
|
|
Full-time Ongoing
|
$
|
|
Junior
|
On employment
|
35,995
|
|
|
After 12 months or at age 20
|
46,277
|
|
|
|
|
|
Adult
|
1st year
|
51,420
|
|
|
2nd year
|
51,856
|
|
|
3rd year
|
52,837
|
|
|
4th year
|
54,049
|
|
|
5th year
|
55,028
|
|
Part-time (Up to 35.5 HPW) Ongoing
|
|
|
Junior
|
On employment
|
19.97
|
|
|
After 12 months or at age 20
|
25.67
|
|
Adult
|
|
29.33
|
|
Full-time (38 HPW) Temporary
|
|
|
Unloaded
|
|
|
|
Junior
|
On employment
|
18.16
|
|
|
After 12 months or at age 20
|
23.35
|
|
Adult
|
|
25.92
|
|
Loaded
|
|
|
|
Junior
|
On employment
|
19.68
|
|
|
After 12 months or at age 20
|
25.25
|
|
Adult
|
|
28.12
|
|
Part-time (Up to 35.5 HPW) Temporary
|
|
|
Unloaded
|
|
|
|
Junior
|
On employment
|
19.97
|
|
|
After 12 months or at age 20
|
25.67
|
|
Adult
|
|
29.33
|
|
|
|
|
|
Loaded
|
|
|
|
Junior
|
On employment
|
21.64
|
|
|
After 12 months or at age 20
|
27.82
|
|
Adult
|
|
31.74
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.