Crown Employees (Australian Music Examinations
Board (NSW) Examiners, Assessors and Chief Examiners) Award 2020
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South Wales Education Standards Authority.
(Case No. 5332 of 2020)
Before Acting Chief Commissioner Constant
|
15 January 2020
|
AWARD
PART A
1. Arrangement
Clause No. Subject
Matter
PART A
1. Arrangement
2. Dictionary
3. Anti-Discrimination
4. Marking Rates - Base Rates
5. Marking Rates (Written)
6. Examining Rates (Practical)
7. Meal Allowance
8. Travel and Living Allowance
9. Family Leave Provisions
10. Chief Examiners
11. Minimum Payment
12. Superannuation
13. Salary Sacrifice to Superannuation
14. Deduction of Unions’ Membership Fees
15. No Further Claims
16. Hours of Work
17. Conditions of Examining and Marking
18. Examination Procedures
19. Recruitment of Examiners and Assessors
20. Performance Development
21. System Improvements
22. Dispute Resolution Procedures
23. Duties as Directed
24. Work Health and Safety
25. Termination of Services
26. Area, Incidence and Duration
PART B
MONETARY
RATES
Table 1 -
Base Rates
Table 2 -
Allowances for Chief Examiners
Table 3 -
Other Rates and Allowances
2. Dictionary
2.1 "AMEB (NSW)" means the
Australian Music Examinations Board of New South Wales, which is the State
agency in New South Wales of the Australian Music Examinations Board.
2.2 "Assessors" means persons
employed to undertake marking of the AMEB (NSW) written examination papers and
paid by the number of papers marked per hour.
2.3 "Chief Examiners" means persons
employed to provide expert advice on all aspects of syllabus development and
interpretation, examination practice and procedures, and professional issues
relating to the training, development and conduct of examiners, and other
duties as directed by the State Manager, for a group of instruments.
2.4 "Chief Executive Officer" means
the person holding or acting in the office of the Chief Executive Officer of
the NSW Education Standards Authority pursuant to section 8 of the NSW Education Standards Authority Act 2013.
The Chief Executive Officer is the Agency Head pursuant to section 28 of the Government Sector Employment Act
2013. Reference to the Chief Executive
Officer may from time to time refer to his/her delegate, meaning a person
delegated by the Chief Executive Officer to perform functions associated with
the office.
2.5 "Employees" means Chief
Examiners, Assessors and Examiners employed by the NSW Education Standards
Authority.
2.6 "Examination Headquarters" means
the Australian Music Examinations Board Music Studios at 117 Clarence Street,
Sydney.
2.7 "Examiners" means persons
employed to undertake the AMEB (NSW) practical examinations at the AMEB (NSW)
headquarters and other various locations throughout New South Wales and paid by
the number of hours worked.
2.8 "Metropolitan Area" means a
40-kilometre radius from the AMEB (NSW) examination headquarters.
2.9 "Parties" means the NSW
Education Standards Authority, the Australian Education Union New South Wales
Teachers Federation Branch and the Independent Education Union of Australia
NSW/ACT Branch.
2.10 "State Manager" means the State
Manager, AMEB (NSW), employed under the Government
Sector Employment Act 2013 by the NSW Education Standards Authority and
accountable to the Chief Executive Officer, NSW Education Standards Authority
for the total management of the AMEB (NSW) and the management of the AMEB (NSW)
personnel and finances.
2.11 "Superannuation Guarantee Contribution
(SGC)" is the minimum compulsory level of superannuation contributions
employers are required to make for their employees under the Commonwealth’s
Superannuation Guarantee legislation.
2.12 "Unions" means the Australian
Education Union New South Wales Teachers Federation Branch and the Independent
Education Union of Australia NSW/ACT Branch.
3. Anti-Discrimination
3.1 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.
3.2 It follows that in fulfilling their
obligations under the dispute resolution procedures 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.
3.3 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.
3.4 Nothing in this clause is to be taken to
affect:
3.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
3.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
3.4.3 any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act
1977;
3.4.4 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
3.5 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.
4. Marking Rates - Base Rates
4.1 Assessors and examiners are engaged on a
casual basis, depending on the number of candidates enrolled in written and
practical examinations. The base rate of pay is as set out in Table 1 - Base
Rates of Part B, Monetary Rates.
4.2 The conduct of online assessment is being
developed in stages. This will also
allow for on-screen assessment preliminary to grade 2 (Theory, Musicianship and
Music Craft) to be automatically marked by computer from 2010. During the transition from paper based to
online examinations, paper based examinations will continue to be marked by
assessors and remunerated in accordance with clause 5.1.
5. Marking Rates (Written)
5.1 The rate for the marking of written
examination papers by assessors shall be the base rate specified in Table 1 -
Base Rates of Part B, Monetary Rates, divided by the number of papers to be
marked in one hour for each subject and grade, as set out below:
Examination and grade
|
No. of papers
|
Examination and grade
|
No. of papers
|
Speech and drama
|
No. of papers
|
theory
|
per hour
|
musicianship
|
per hour
|
|
per hour
|
1
|
15
|
1
|
15
|
4
|
3
|
2
|
14
|
2
|
14
|
5
|
3
|
3
|
10
|
3
|
10
|
6
|
2
|
4
|
8
|
4
|
7
|
7
|
1.5
|
5
|
6
|
5
|
7
|
|
|
6
|
5
|
6
|
6
|
|
|
7
|
3
|
7
|
3
|
|
|
|
|
8
|
3
|
|
|
6. Examining Rates (Practical)
6.1 The rate for practical examining for
examiners shall be the base rate specified in Table 1 - Base Rates of Part B,
Monetary Rates.
7. Meal Allowance
7.1 Meal allowances are payable to examiners
and shall be paid pursuant to the provisions of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009 or its successor or as
amended from time to time.
8. Travel and Living Allowance
8.1 An allowance as set out in Item 1 of Table
3 - Other Rates and Allowances of Part B, Monetary Rates, is payable in respect
of travel within the metropolitan area to the AMEB (NSW) examination
headquarters. This allowance is not payable more than once in relation to any
given day.
The
travel allowance is based on the allowance rates for casual use of motor
vehicles applied to an average 40 km and paid pursuant to the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 or its successor
as amended from time to time.
8.2 The travel allowance for examiners who are required to travel to venues other than the AMEB
(NSW) examination headquarters or from outside the metropolitan area to the
AMEB (NSW) examination headquarters, is based on the use of a private
motor vehicle paid on the greater of:
8.2.1 the basis of cents per kilometre up to 8,000 kms per annum and over 8,000 kms
per annum at the respective rates as set out in Item 2 of the said Table 3 and
is payable to examiners in respect of each km travelled in excess of the total
distance between the examiner’s usual place of residence and the AMEB (NSW)
examination headquarters or 40 kms, whichever is the
lesser, and in circumstances where a rental motor vehicle is not utilised; or
8.2.2 the cost of public transport or, at the sole
discretion and with the prior approval of the State Manager, taxi cabs, as
substantiated by receipts or other acceptable proof of expenditure; or
8.2.3 the rate pursuant to
subclause 8.1 of this clause.
8.3 The travel allowance shall be adjusted in
accordance with the above formulae and with the rates as determined by the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009
or its successor as amended from time to time.
8.4 Where it is reasonable for examiners
required to travel pursuant to subclause 8.2 of this clause to be away from
their homes overnight, they shall be entitled to a daily living allowance paid
at the applicable rate pursuant to the provisions of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 or its successor
as amended from time to time.
9. Family Leave Provisions
9.1 The Chief Executive Officer must not fail
to re-engage an Employee because:
9.1.1 The Employee or Employee’s spouse is
pregnant; or
9.1.2 The Employee is or has been immediately
absent on parental leave
The
rights of an employer in relation to engagement and re-engagement of Employees
are not affected, other than in accordance with this clause.
9.2 Personal Carers entitlement for Employees
9.2.1 Employees are entitled to not be available to
attend work, or to leave work if they need to care for a family member 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 evidentiary
requirements set out below in subclause 9.3, and the notice requirements set
out in subclause 9.4.
9.2.1.1 A family member for the purposes of
above is:
a spouse
or family member; or
a de
facto spouse being a member of the opposite sex to the Employee who lives with
the Employee as her husband or as his wife on a bona fide domestic basis
although not legally married to that Employee; or
a child or
an adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent or legal guardian), a
grandparent, grandchild or sibling of the Employee or of the spouse or de facto
spouse of the Employee; or
a same sex
partner who lives with the Employee as the de facto partner of that Employee on
a bona fide domestic basis; or 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
9.2.2 The Chief Executive Officer and the Employee
shall agree on the period 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 Employee is not entitled
to any payment for the period of non-attendance.
9.2.3 The Chief Executive Officer must not fail to
re-engage an Employee because the Employee accessed the entitlements provided
for in this clause. The rights of an employer to engage or not to engage an
Employee are otherwise not affected.
9.3 The Employee,
shall if required:
9.3.1 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
9.3.2 Establish by production of documentation
acceptable to the employer or a statutory declaration, the nature of the
emergency and that such an emergency resulted in the person concerned requiring
care by the Employee.
In normal
circumstances, an Employee must not take carer’s leave under this subclause
where another person had taken leave to care for the same person.
9.4 The Employee must, as soon as reasonably
practical and during the ordinary hours of the first day or shift of such
absence, inform the employer of their inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the Employee will inform the employer
within 24 hours of the absence (drawn from AIRC order (PR964989)).
9.5 Bereavement entitlements for Employees
9.5.1 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 employer).
9.5.2 The Chief Executive Officer and the Employee
shall 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 Employee is not entitled to any payment for the period of
non-attendance.
9.5.3 The Chief Executive Officer must not fail to
re-engage the Employee because the Employee accessed the entitlements provided
for in this clause. The rights of an employer to engage or not engage an
Employee are otherwise not affected.
9.5.4 The Employee must, as soon as reasonably
practicable and during the ordinary hours of the first day or shift of such
absence, inform the employer of their inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the Employee will inform the employer
within 24 hours of the absence (Drawn from AIRC order (PR964989)).
10. Chief Examiners
10.1 Chief Examiners shall be remunerated on a
per annum allowance basis ascending according to student candidature in each
respective instrument group. Chief Examiners are responsible for:
10.1.1 syllabus development
and interpretation;
10.1.2 examination practice
and procedures;
10.1.3 professional issues
relating to the training, development and conduct of examiners and assessors;
10.1.4 other duties as
directed by the State Manager.
10.2 Chief Examiners shall be remunerated by way
of an allowance, paid annually and determined according to the candidature in
their respective instrument group, as set out in Table 2 - Allowances for Chief
Examiners of Part B, Monetary Rates.
11. Minimum Payment
11.1 No examiner scheduled to conduct
examinations on any day shall be paid for less than three hours, calculated in
accordance with this award, from the time examining commences.
12. Superannuation
12.1 All examiners, assessors and Chief Examiners
shall be entitled to occupational superannuation at the applicable SGC rate for
all payments pursuant to clauses 4, Marking Rates - Base Rates, 5, Marking Rates
(Written), and 6, Examining Rates (Practical).
13. Salary Sacrifice to Superannuation
13.1 Notwithstanding the salaries prescribed by
Part B, Monetary Rates, an employee may elect, subject to the agreement of the
employee’s department or agency, to sacrifice a portion of the wage/salary
payable under clause 4, Marking Rates-Base Rates, to additional employer
superannuation contributions. Such
election must be made prior to the commencement of the period of service to
which the earnings relate. In this
clause, "superannuable salary" means the
employee’s salary as notified from time to time to the New South Wales public
sector superannuation trustee corporations.
13.2 Where the employee has elected to sacrifice
a portion of that payable salary to additional employer superannuation
contributions:
13.2.1 subject to Australian Taxation law, the
sacrificed portion of salary will reduce the salary subject to appropriate PAYG
taxation deductions by the amount of that sacrificed portion; and
13.2.2 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 an employee’s salary, shall be calculated by
reference to the salary which would have applied to the employee under the said
clause 4 in the absence of any salary sacrifice to superannuation made under
this award.
13.3 The employee may elect to have the portion
of payable salary which is sacrificed to additional employer superannuation
contributions:
13.3.1 paid into the
superannuation scheme established under the First
State Superannuation Act 1992 as optional employer contributions; or
13.3.2 subject to the
department or agency’s agreement, paid into a private sector complying
superannuation scheme as employer superannuation contributions.
13.4 Where an employee makes an election in terms
of subclause 13.3 of this clause, the employer shall pay the portion of salary,
the subject of election, to the relevant superannuation fund.
13.5 Where the employee is a member of a
superannuation scheme established under:
13.5.1 the Police Regulation (Superannuation) Act
1906;
13.5.2 the Superannuation Act 1916;
13.5.3 the State Authorities Superannuation Act
1987;
13.5.4 the State Authorities Non-contributory
Superannuation Act 1987; or
13.5.5 the First State Superannuation Act 1992,
the
employee’s department or agency must ensure that the amount of any additional
employer superannuation contributions specified in subclause 13.1 of this
clause is included in the employee’s superannuable
salary which is notified to the New South Wales public sector superannuation
trustee corporations.
13.6 Where, prior to electing to sacrifice a
portion of his/her salary to superannuation, an employee had entered into an
agreement with his/her department or agency to have superannuation
contributions made to a superannuation fund other than a fund established under
legislation listed in subclause 13.5 of this clause, the department or agency
will continue to base contributions to that fund on the salary payable under
clause 4 to the same extent as applied before the employee sacrificed portion
of that salary to superannuation. This
clause applies even though the superannuation contributions made by the
department or agency may be in excess of superannuation guarantee requirements
after the salary sacrifice is implemented.
13.7 Should there be any delay in the scheduled
increases in the Superannuation Guarantee Contributions, the parties will agree
to vary the Award by consent to amend the increases to salaries and salary
related allowances as appropriate.
14. Deduction of Unions’ Membership Fees
14.1 The unions shall provide the employer with a
schedule setting out unions’ fortnightly membership fees payable by members of
the unions in accordance with the unions’ rules.
14.2 The unions shall advise the employer of any
change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of unions’
fortnightly membership fees payable shall be provided to the employer at least
one month in advance of the variation taking effect.
14.3 Subject to 14.1 and 14.2 above, the employer
shall deduct union fortnightly membership fees from the pay of any employee who
is a member of the union in accordance with the unions’ rules, provided that
the employee has authorised the employer to make such deductions.
14.4 Monies so deducted from employees’ pay shall
be forwarded regularly to the unions together with all necessary information to
enable the unions to reconcile and credit subscriptions to employee’s union
membership accounts.
14.5 Unless other arrangements are agreed to by
the employer and the unions, all unions’ membership fees shall be deducted on a
fortnightly basis.
14.6 Where an employee has already authorised the
deduction of union’s membership fees from his or her pay prior to this clause
taking effect, nothing in this clause shall read as requiring the employee to
make a fresh authorisation in order for such deductions to continue.
15. No Further Claims
15.1 Except as provided by the Industrial Relations Act 1996, prior to
31 December 2022, there shall be no further claims by the parties to this award
for changes to salaries, rates of pay, allowances or conditions of employment
in relation to matters expressly contained in this Award.
16. Hours of Work
16.1 The core paid hours of work for examiners
shall be seven hours a day. Hours of work for examiners shall be scheduled by
the State Manager between the bandwidth hours of 8.00 a.m. to 6.00 p.m. on any
day of the week. However, Sunday work shall also be subject to examiner
availability.
16.2 Examiners shall be entitled to a one-hour
unpaid meal break between the hours of 12 noon and 2.00 p.m.
16.3 Examiners shall be entitled to a morning and
afternoon tea break of ten minutes each, which shall count as time worked.
16.4 The rates specified in Table 1 - Base Rates
of Part B, Monetary Rates incorporate loadings for casual engagement, sick
leave and pro rata holidays, excepting the extended leave provisions of the Government Sector Employment Act 2013.
16.5 Work scheduled after the examiner has worked
the core paid hours of work from Monday to Saturday and all work scheduled on a
Sunday shall be paid at the appropriate rate as set out in Table 1 - Base Rates
of Part B, Monetary Rates loaded by 50 per cent.
16.6 With the exception of the home to the first
scheduled examining venue and the return home from the final examining venue
travelling time between scheduled examining venues on the same day shall be
paid at the rate applicable to the scheduled hours of work.
17. Conditions of Examining and Marking
17.1 Examiners and assessors shall strictly
adhere to the official timetable, other than in circumstances recognised by the
State Manager as being beyond their control.
17.2 The State Manager shall ensure that all
examination centres have adequate facilities and that all occupational health
and safety requirements are met. Where facilities are identified as inadequate,
examiners are to assist by reporting to the State Manager to ensure remedial
action can be initiated.
17.3 The AMEB (NSW) shall supply appropriate
identification to examiners to be worn during their hours of work.
18. Examination Procedures
18.1 The examination procedures shall be in
accordance with the Handbook for Examiners, issued annually by the AMEB (NSW),
after consultation between the parties.
19. Recruitment of Examiners and Assessors
19.1 The AMEB (NSW) selection criteria for the
recruitment of examiners and assessors include:
19.1.1 relevant music and/or
speech and drama qualifications;
19.1.2 developed skills in teaching and performance;
19.1.3 excellent
interpersonal skills;
19.1.4 communications skills
and ability to articulate concepts clearly;
19.1.5 constructive,
supportive and analytical report writing skills;
19.1.6 sound understanding of
the stylistic elements essential to performance;
19.1.7 demonstrated knowledge
of the AMEB (NSW) repertoire, syllabus requirements and regulations;
19.1.8 demonstrated a
professional understanding of the standards obtainable at each grade level
within the syllabus and availability to examine.
19.2 Successful applicants shall be required to
undertake mandatory induction training as appropriate and approved by the AMEB
(NSW). Such training shall be paid at the base rate as set out in Table 1 -
Base Rates of Part B, Monetary Rates.
20. Performance Development
20.1 The performance development scheme already
agreed by the parties for examiners and assessors addresses three objectives
and shall:
20.1.1 ensure that Chief
Examiners and examiners and assessors engage in an appraisal process designed
to improve the quality of examinations, and to focus it on the teaching and
learning objectives of the AMEB (NSW);
20.1.2 provide work reports
to examiners and assessors who need these for employment purposes;
20.1.3 assist examiners and
assessors whose performance is causing concern.
20.2 The parties are to monitor the
implementation of the performance development scheme and agree to appropriate
refinements if required.
20.3 Training and Development - The annual
training and development meeting of examiners and assessors shall continue to
be conducted by the relevant adviser. Participating examiners and assessors
shall continue to be considered to be on duty for this session.
21. System Improvements
21.1 The AMEB (NSW) acknowledges its continuing
obligation to:
21.1.1 provide appropriate
training to assist examiners in dealing with teachers, parents and candidates
and in preparing examination reports;
21.1.2 ensure teachers,
parents and candidates are aware of the appropriate avenues of securing
feedback from examiners on candidate performance.
21.2 Implementation of Revised Procedures - The
parties agree to consult and co-operate in the development and implementation
of operational and examination and assessment procedures.
22. Dispute Resolution Procedures
22.1 Subject to the provisions of the Industrial Relations Act 1996, the
following procedures shall apply:
22.1.1 Should any dispute (including a question or
difficulty) arise, discussions shall be held between the State Manager and the
person(s) concerned and/or a representative of the unions. They shall discuss
the dispute with a view to resolving the dispute, or by negotiating an agreed
method and timeframe for proceeding.
22.1.2 If the dispute is not resolved at this level,
the matter shall be referred to the Chief Executive Officer, NSW Education
Standards Authority or nominee, to enable discussions at this level with the
person(s) concerned and/or a representative of the unions. They shall discuss
the dispute with a view to resolving the dispute, or by negotiating an agreed
method and timeframe for proceeding.
22.1.3 Should the above procedures not lead to a
resolution, then either party may make application to the Industrial Relations
Commission of New South Wales.
23. Duties as Directed
23.1 The State Manager or delegate may direct an
employee to carry out such duties which are within the limits of the employee’s
skill, competence and training, consistent with the classifications covered by
this award and provided that such duties do not promote deskilling.
23.2 Any directions issued by the State Manager
pursuant to subclause 23.1 of this clause shall be consistent with the State
Manager’s responsibility to provide a safe and healthy working environment.
24. Work Health and Safety
24.1 For the purposes of this clause, the
following definitions shall apply:
24.1.1 A "labour hire business" is a
business (whether an organisation, business enterprise, company, partnership,
co-operative, sole trader, family trust, corporation and/or person) which has
as its business function, or one of its business functions, to supply staff
employed or engaged by it to another employer for the purpose of such staff
performing work or services for that other employer.
21.1.2 A "contract business" is a business
(whether an organisation, business enterprise, company, partnership,
co-operative, sole trader, family trust, corporation and/or person) which is
contracted by another employer to provide a specified service or services or to
produce a specific outcome or result for that employer which might otherwise
have been carried out by the other employer’s own employees.
24.2 Any employer which engages a labour hire
business and/or a contract business to perform work wholly or partially on the
employers premises shall do the following (either directly, or through the
agency of the labour hire or contract business):
24.2.1 consult with employees
of the labour hire business and/or contract business regarding the workplace
occupational health and safety consultative arrangements;
24.2.2 provide employees of the labour hire business
and/or contract business with the appropriate health and safety induction
training including the appropriate training required for such employees to
perform their jobs safely;
24.2.3 provide employees of the labour hire business
and/or contract business with appropriate personal protective equipment and/or
clothing and all safe work method statements that they would otherwise supply
to their own employees; and
24.2.4 ensure employees of
the labour hire business and/or contract business are made aware of any risks
identified in the workplace and the procedures to control those risks.
24.3 Nothing in this clause 24 is intended to
affect or detract from any obligation or responsibility upon a labour hire
business under the Work Health and Safety
Act 2011 or the Workplace Injury
Management and Workers Compensation Act 1998.
24.4 Where a dispute arises as to the application
or implementation of this clause, the matter shall be dealt with pursuant to
the disputes settlement procedure of this award.
This
clause has no application in respect of organisations which are properly
registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate
legislation) and are deemed by the relevant State Training Authority to comply
with the national standards for Group Training Organisations established by the
ANTA Ministerial Council.
24.5 This clause operates from 21 March 2006.
25. Termination of Services
25.1 Any examiner is entitled to two weeks’
notice of termination of scheduled services, or payment for the hours scheduled
as an examiner, except where termination of services is on account of
misconduct of any kind or any unsatisfactory standard of work, or voluntary
withdrawal by the examiner.
26. Area, Incidence and Duration
26.1 This award covers all persons employed by
the NSW Education Standards Authority as AMEB (NSW) Examiners, Assessors and
Chief Examiners.
26.2 This award rescinds and replaces the Crown
Employees (Australian Music Examinations Board (New South Wales) Examiners,
Assessors and Advisers) Award 2017, published 5 May 2017 (381 I.G. 199).
26.3 This award shall take effect on and from 1
January 2020 with a nominal term until and including 31 December 2022.
PART B
MONETARY RATES
Table 1
|
Amount Per Hour
|
|
$
|
Base rate on
and from 1 January 2020
|
87.63
|
Base rate on
and from 1 January 2021
|
89.62
|
Base rate on
and from 1 January 2022
|
91.45
|
Table 2 -
Allowances for Chief Examiners
Chief Examiners
|
2.5%
|
2.27%
|
2.04%
|
per annum allowance
|
On and from 1/1/20
|
On and from 1/1/21
|
On and from 1/1/22
|
|
$
|
$
|
$
|
Level 1:
candidature
|
|
|
|
0 to 100
|
1,034
|
1,058
|
1,079
|
Level 2:
candidature
|
|
|
|
101 to 3,000
|
2,075
|
2,122
|
2,165
|
Level 3:
candidature
|
|
|
|
3,001 to
15,000
|
3,109
|
3,180
|
3,245
|
Level 4:
candidature
|
|
|
|
Over 15,001
|
4,142
|
4,236
|
4,322
|
Table 3 -
Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
On and from 1/1/20
|
On and from 1/1/21
|
On and from 1/1/22
|
|
|
|
|
|
|
|
|
|
$
|
$
|
$
|
|
|
|
|
|
|
1
|
8.1
|
Metropolitan travel allowance to AMEB(NSW) examination headquarters
|
|
|
|
2
|
8.2
|
Travel allowance per km outside metropolitan area:
|
|
|
|
|
|
-Up to 8,000 km per annum
|
0.6800
|
0.680
|
0.680
|
|
|
-Over 8,000 km per annum
|
0.272
|
0.272
|
0.272
|
N. CONSTANT, Acting Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.