Crown Employees (New South Wales Education
Standards Authority - Education Officers) Salaries and Conditions Award 2020
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South Wales Education Standards Authority
(Case No. 5366 of 2020)
|
Before Acting Chief Commissioner Constant
|
15 January 2020
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AWARD
Arrangement
Clause No. Subject
Matter
PART A
1. Title
2. Definitions
3. Salaries
3A. Deduction of Union Membership Fees
4. Salary Packaging
5. Salary Sacrifice to Superannuation
6. Conditions Fixed by Other Awards
7. Appointment and Mobility Provisions
8. Flexible Work Arrangements
9. Work Outside
the Ordinary Hours of Work
10. Consultation
11. Training and Development
12. Performance Appraisal
13. Technology
14. Dispute Resolution Procedures for the
Parties
15. Duties as Directed
16. Personal/Carer’s Leave
17. Work Health and Safety
18. Anti-Discrimination
19. No Further Claims
20. Area Incidence and Duration
PART B
MONETARY
RATES
Table 1 -
Salaries
PART A
1. Title
1. This Award shall be known as the Crown
Employees (NSW Education Standards Authority - Education Officers) Salaries and
Conditions Award 2020.
2. Definitions
2.1 "Aboriginal Education Consultative
Group" means a branch of the NSW Education Standards Authority providing
secretariat support to the independent, community based incorporated
organisation, Aboriginal Education Consultative Group Inc., formed to provide
advice and guidance to the Minster for Education and Early Childhood Learning
on the direction of Aboriginal education in New South Wales.
2.2 "Act" means the Government Sector Employment Act 2013,
the Government Sector Employment Regulation 2014 and the Government Sector
Employment (General) Rules 2014.
2.3 "Banked Time" means the amount
of time by which Flex time is reduced by one or more days at the end of a
settlement period for the purpose of being re-credited to the officer to cover
approved absences from work in future settlement periods.
2.4 "Chief Education Officer" means
a salary classification that includes, but is not restricted to, NESA
Inspectors; President, Aboriginal Education Consultative Group; Chief Project
Officers; Chief Curriculum Officers, and any successor performing the same
role.
2.5 "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 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.
2.6 "Coretime"
means the period during the day when an officer may be required to be on duty
that is 9.30 am to 3.30 pm.
2.7 "Education Officer" means a
salary classification for jobs and any successor performing the role within the
Aboriginal Education Consultative Group.
2.8 "Employed" or
"employment" means when an Officer is employed on an ongoing basis,
on secondment, temporarily employed or temporarily assigned by the NSW
Education Standards Authority pursuant to the Government Sector Employment Act 2013.
2.9 "Excess hours" shall mean all
time on weekends or public holidays and all hours before or after the bandwidth
hours specified at clause 8.7 necessarily occupied by direction of, or on their
own initiative with the approval of, the Chief Executive Officer in the
performance of work which from its character or from special circumstances
cannot be performed during the applicable bandwidth hours applying at the
Officer’s headquarters. Provided that excess hours for Officers for whom usual
office hours are not fixed or for Officers engaged in field work shall mean all
such time on any day in excess of their bandwidth hours of work per week
divided by five.
2.10 "Federation" means the Australian
Education Union New South Wales Teachers Federation Branch.
2.11 "Field Officer" means a Liaison
Officer.
2.12 "Flex time" is the hours accrued
under flexible work arrangements in a settlement period which may be carried
forward to the next settlement period, unless accrued as Banked Time.
2.13 "Flex Leave" means Flex time
carried forward or already accrued in a settlement period and then used to
cover approved absences from work during the same settlement period.
2.14 "General Secretary" means the
General Secretary of the Australian Education Union New South Wales Teachers
Federation Branch.
2.15 "Headquarters" means the
administrative centre where the major part of the Officer’s work is performed,
where the Officer normally reports or the office to which the Officer is
attached.
2.16 "Industrial instrument" means an
award, an enterprise agreement, a public sector industrial agreement, a former
industrial agreement, a contract determination or a contract agreement.
2.17 "Industrial Relations Commission"
means the Industrial Relations Commission of New South Wales established by the
New South Wales Industrial Relations Act 1996.
2.18 "Industrial Relations Secretary"
means the employer of the staff of the Public Service for the purpose of
industrial proceedings as established under Part 4, Division 4 of the Act.
2.19 "NESA" means the NSW Education
Standards Authority.
2.20 "Officer" or "Officers"
means a person or all persons who is/are employed by or in the NSW Education Standards Authority in the
salary classifications of Chief Education Officer; Principal Education Officer;
Senior Education Officer, Grade 1; Senior Education Officer, Grade 2; or
Education Officer.
2.21 "Ongoing employment" means
employment to an ongoing role pursuant to section 43 of the Act.
2.22 "Parties" means the NSW Education
Standards Authority, the Australian Education Union New South Wales Teachers
Federation Branch and the Industrial Relations Secretary.
2.23 "Principal Education Officer"
means a job classification that includes, but is not restricted to Principal
Curriculum Officers, Principal Assessment Officers and any successor performing
the same role.
2.24 "Secondment" means when the NSW
Education Standards Authority employs by making use of the services of an
officer of the Department of Education.
2.25 "Senior Education Officer, Grade
1" means a salary classification that includes, but is not restricted to,
Assessment Officers, Curriculum Officers, Project Officers and any successor
performing the same role.
2.26 "Senior Education Officer, Grade
2" means a salary classification that includes, but is not restricted to,
Liaison Officers, Senior Assessment Officers, Senior Curriculum Officers,
Senior Planning Officers, Senior Project Officers and any successor performing
the same role.
2.27 "Standard Hours" means the
ordinary hours of duty which are worked in the absence of flexible working
hours between 8.30am to 4.30pm (or as otherwise determined by the Chief
Executive Officer), with an hour for lunch, Monday to Friday.
2.28 "Temporarily assigned" means
employment of an Officer pursuant to section 46 of the Act.
2.29 "Temporarily employed" means when
the NSW Education Standards Authority employs an Officer pursuant to section 43
of the Act.
2.30 "Union" means the Australian
Education Union New South Wales Teachers Federation Branch
2.31 "Western Division" means the
Western Division of the State of New South Wales as defined by the Act.
3. Salaries
3.1 Officers will be employed in the salary
classifications as defined in clause 2, Definitions.
3.2 Officers will be employed at annual salary
levels not less than those for the classifications as set out in Table 1,
Salaries in Part B, Monetary Salary Rates, except as may be provided for in
respect of clause 4, Salary Packaging.
3.3 Unless the Chief Executive Officer
determines otherwise in accordance with subclause 3.4 of this clause, new
Officers will be remunerated at the minimum salaries on commencement of
employment under each of the classifications set out in the said Table 1, as
follows:
Education
Officer Level 1, 1st Year of Service;
Senior
Education Officer, Grade 1 Level 1;
Senior
Education Officer, Grade 2 the single salary point specified;
Principal
Education Officer the single salary point specified;
Chief
Education Officer, Grade 1, Level 1.
Chief
Education Officer, Grade 2 the single salary point specified.
3.4 The Chief Executive Officer will determine
the remuneration of new Officers:
3.4.1 at the minimum rate
of the appropriate salary classification; or
3.4.2 at such higher level specified in Table 1,
having regard to:
the
applicant’s skill, experience and qualifications; and
the rate
required to attract the applicant; and
the
remuneration of existing Officers performing similar work.
3.5 An Officer employed in the salary
classification of Chief Education Officer, Senior Education Officer Grade 1 or
Education Officer shall be entitled to progress along or be maintained on the
incremental scale for the officer’s salary classification after each 12 months
of service subject to the officer demonstrating by means of an annual review
continuing efficiency in work practice, satisfactory performance and
professional growth.
3.6 The salary payable for Chief Education
Officers includes remuneration for all incidences of employment, including any
existing expense or other allowance paid to Chief Education Officers covered
prior to this award, for all hours worked and all other compensatory or other
allowances other than:
3.6.1 annual leave
loading;
3.6.2 travel or
subsistence allowances;
3.6.3 allowances in
relation to relocation expenses;
3.6.4 any approved
reimbursement paid in relation to expenses incurred in the discharge of the
Officer’s duties.
3.7 Chief Education Officers employed by the
NESA as at the date this Award is made by the Industrial Relations Commission,
that is, prior to the creation of the Grade 1 and Grade 2 Chief Education
Officer classifications under this Award, will be redesignated at the Chief Education
Officer Grade 1 classification and will remain on the previous five level
single Chief Education Officer scale unless transferred or assigned to a role
at the Chief Education Officer Grade 2 classification by the Chief Executive
Officer. All Chief Education Officers
appointed after the date that this Award is made by the Industrial Relations
Commission will be employed at either the Chief Education Officer Grade 1 or
Grade 2 classification as determined by the Chief Executive Officer.
3A. Deduction of Union
Membership Fees
(i) The union
shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union’s
rules.
(ii) The union shall advise the employer of any
changes to the amount of fortnightly membership fees made under its rules. Any
variation to the schedule of union fortnightly membership fees payable shall be
provided to the employer at least one month in advance of the variation taking
effect.
(iii) Subject to (i)
and (ii) 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 union’s rules, provided that the employee has authorised the employer to
make such deductions.
(iv) Monies deducted from employee’s pay shall be forwarded regularly to the
union together with all necessary information to enable the union to reconcile
and credit subscriptions to employee’s union membership accounts.
(v) Unless other arrangements are agreed to
by the employer and the union, all union membership fees shall be deducted on a
fortnightly basis.
(vi) Where an employee has already authorised
the deduction of union membership fees from his or her pay prior to this clause
taking effect, nothing in this clause shall read as requiring the employee to
make a fresh authorisation in order for such deductions to continue.
4. Salary Packaging
4.1 Officers may participate in the NESA’s
salary packaging scheme.
4.2 Except as otherwise provided in the agreed
salary packaging scheme, Officers must be employed on the same conditions as
set out in the award.
5. Salary Sacrifice to Superannuation
5.1 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 3, Salaries, 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. The availability of salary for packaging purposes will be
determined following payment of post tax commitments
and payroll deductions such as employee superannuation contributions, union
fees, health fund, premiums and maintenance orders etc.
5.2 Where the employee has elected to
sacrifice a portion of that payable salary to additional employer
superannuation contributions:
(a) 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
(b) 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 3 in the absence of any salary sacrifice to superannuation made under
this award.
5.3 The employee may elect to have the portion
of payable salary which is sacrificed to additional employer superannuation
contributions:
(a) paid into the
superannuation scheme established under the First
State Superannuation Act 1992 as optional employer contributions; or
(b) subject to the
department or agency’s agreement, paid into a private sector complying
superannuation scheme as employer superannuation contributions.
5.4 Where an employee makes an election in
terms of subclause 5.3 of this clause, the employer shall pay the portion of
salary, the subject of election, to the relevant superannuation fund.
5.5 Where the employee is a member of a
superannuation scheme established under:
(a) the Police Regulation (Superannuation) Act
1906;
(b) the Superannuation Act 1916;
(c) the State Authorities Superannuation Act
1987;
(d) the State Authorities Non-contributory
Superannuation Act 1987; or
(e) 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 5.1 of this clause
is included in the employee’s superannuable salary
which is notified to the New South Wales public sector superannuation trustee
corporations.
5.6 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 5.5 of this clause, the department or agency
will continue to base contributions to that fund on the salary payable under
clause 3 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.
5.7 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.
6. Conditions Fixed By Other Awards
6.1 The following industrial instruments and
regulation or any successor thereto and any variations from time to time to the
same, insofar as they fix conditions of employment applying to Officers covered
by this award and pursuant to this award, shall apply to Officers unless
specifically varied by this award in which case the provisions of this award
take precedence:
Crown
Employees (Transferred Officers Excess Rent Assistance) Agreement No. 2354 of
1981;
Crown
Employees (Transferred Employees Compensation) Award
Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009;
Government Sector Employment Act 2013
Government
Sector Employment Regulation 2014
Government
Sector Employment (General) Rules 2014
7. Appointment and Mobility Provisions
7.1 Where the public service sick leave
entitlement is exhausted, Officers on secondment from the Department of
Education or Officers temporarily employed from any other New South Wales
Government Department/Declared Authority can access, provided the NESA agrees,
cumulative sick leave entitlements for their use, provided this is agreed to by
the Department of Education or any other New South Wales Government
Department/Declared Authority. The conversion of the cumulative sick leave entitlement
will be attended to by the NESA.
7.2 Officers on secondment from the Department
of Education and Officers temporarily employed from any other New South Wales
Government Department/Declared Authority can access, provided the NESA agrees,
any accrued long service leave entitlements for their use, provided this is
agreed to by the Department of Education or the relevant New South Wales
Government Department/Declared Authority.
The conversion of the long service leave entitlement will be attended to
by the NESA.
7.3 The NESA will facilitate, where agreed, an
Officer’s portability of entitlements for long service and sick leave whilst
they are in the employment of the NESA.
7.4 In addition to the provisions of the
Public Sector Employment Regulation 2014 and the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009 or its successor or as
amended from time to time where the balance of any period of maternity/adoption
leave extends beyond the period an Officer is employed, the NESA will pay the
difference in salary between the Officer’s substantive salary and the salary
whilst at the NESA for the term of the leave taken, unless it coincides with
any period of paid leave other than maternity/adoption leave.
7.5 An extension of a period of employment in
order to coincide with an Officer’s return to a teaching service for Day 1 Term
1 Eastern Division or Day 1 Term 1 Western Division of a school year or to
reflect a change in the Department of Education’s policy will be taken into specific
regard in NESA employment practices.
7.6 The NESA’s superannuation provisions are
to be no less beneficial than what Officers on secondment or Officers
temporarily employed from any other New South Wales Government
Department/Declared Authority would have received had they remained in their
original positions.
7.7 Officers who demonstrate that they are
existing contributors to either the State Superannuation Fund or the State
Authorities Superannuation Scheme are entitled to retain their membership of
those schemes as provided for in the Superannuation
Act 1916, the State Authorities
Superannuation Act 1987 or the First
State Superannuation Act 1992.
7.8 Credit of recreation leave may be granted
to Officers on secondment or temporarily employed Officers recruited directly
from schools or TAFE colleges, in accordance with the following:
If the
Officer Commences: Recreation Leave to
be Credited
|
January
before 18th
|
10 days
|
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January on
or after 18th
|
5 days
|
|
February
|
5 days
|
|
March before
30th
|
5 days
|
|
March on or
after 30th
|
10 days
|
|
April before
vacation
|
10 days
|
|
April on or
after 27th
|
5 days
|
|
May
|
5 days
|
|
June before
15th
|
5 days
|
|
June on or
after 15th
|
10 days
|
|
July before
vacation
|
10 days
|
|
July on or
after 20th
|
5 days
|
|
August
|
5 days
|
|
September
before 7th
|
5 days
|
|
September on
or after 7th
|
10 days
|
|
October
|
5 days
|
|
November
before 10th
|
5 days
|
|
November on
or after 10th
|
10 days
|
|
December
|
10 days
|
Thereafter,
recreation leave accrues at the normal rate.
7.9 To avoid excessive accrual of recreation
leave, as described in clause 77.2 of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009 the Chief Executive Officer may
direct an officer to take accrued recreation leave. Such direction will
coincide with school vacation periods.
7.10 For the purpose of workers’ compensation,
the employer of Officers is the NESA in terms of the Workers Injury Management and Workers Compensation Act 1998 or any
successor thereto.
7.11 The letters of employment for all Officers
will designate the salary and conditions of employment. For Officers on
secondment from the Department of Education and Officers temporarily employed
or temporarily appointed, the letters of employment will designate the
duration, salary and conditions of their employment.
8. Flexible Work Arrangements
The conditions
under which flexible working hours operate are set out in this clause.
8.1 No officer can be directed to work under
Flexible Work Arrangements. Those officers not participating in Flexible Work
Arrangements will work standard hours as defined in clause 2.27.
8.2 To avoid excessive accrual of Accrued Work
Time (AWT) the Chief Executive Officer may direct an officer to take accrued
hours. Such direction will coincide with
school vacation periods. Accrued Work
Time is defined in Clause 8.13.
8.3 An officer may only work outside the hours
of a standard day (7 hours) but within the bandwidth (7am - 7pm) and accrue
hours toward a flexible working hours credit if the work is available to be
performed.
8.4 Application
The
Flexible Work arrangements that apply to Officers covered by this award are set
out as follows:
8.4.1 Principal Education Officers, Senior
Education Officers (except for Field Officers) and Education Officers -Clauses
8.4 to 8.13 inclusive and 8.15 to 8.18 inclusive.
8.4.2 Field Officers (Liaison Officers) Clauses 8.5
and 8.14 to 8.18 inclusive.
8.4.3 Chief Education Officers (CEO’s) Clause 8.19.
8.5 Settlement Period
8.5.1 The settlement period for the purpose of
sub-clause 8.4.1 is 12 weeks. The settlement period for the purpose of
subclause 8.4.2 is 4 weeks.
8.6 Ordinary Hours of Work and Standard Hours
8.7 Standard Bandwidth
8.7.1 The standard bandwidth is 7.00 am to 7.00 pm.
Normal work can be undertaken during the period 7.30 am to 6.00 pm and
additional hours work credited as accrued work time (as defined in subclause
8.13 ).
8.7.2 If normal work is undertaken at the Officer’s
own initiative and with the approval of the Chief Executive Officer or delegate
between 7.00 am and 7.30 am or 6.00 pm and 7.00 pm this time will be credited
as accrued work time.
8.7.3 If an Officer is directed to work between
7.00 am and 7.30 am or 6.00 pm and 7.00 pm or at other times outside the
bandwidth, including Saturday and Sunday compensatory leave will be accruable
in accordance with clause 9 of this award.
8.7.4 An officer, who requests to work outside the
standard bandwidth, must obtain approval of their Chief Executive Officer or
delegate. The time worked is to be counted towards Accrued Work time (AWT).
8.7.5 If approval to work outside the bandwidth is
not sought or given, then the time worked outside the standard bandwidth is not
to be counted towards Accrued Work Time (AWT).
8.8 Coretime
8.8.1 The standard coretime
is 9.30am to 3.30pm subject to the provisions as detailed in clause 8.10.
8.8.2 The standard coretime
may only be varied at the request of an individual Officer with the agreement
of the Chief Executive Officer or delegate.
8.8.3 In exceptional circumstances officers may
commence work after 9.30 am and/or leave before 3.30 pm and the time taken
shall be flex leave. This arrangement must be agreed between the officer and
Chief Executive Officer or delegate.
8.9 Hours Worked
8.9.1 All Officers are entitled to work a minimum
of 7 hours on any day. An officer cannot be directed to work less than 7 hours
on any day. An Officer may choose to work less than 7 hours in one day with the
agreement of the Chief Executive Officer or delegate.
8.9.2 An Officer may elect to change from flexible
working hours to standard hours in agreement with the Chief Executive Officer t or delegate.
8.9.3 Nothing in this clause shall prevent the NESA
requiring an officer to revert to working standard hours following reasonable
notice.
8.9.4 Where an officer has completed a minimum of 7
hours on any day and there is no requirement for that officer to remain at the
workplace the officer’s supervisor can request that the Officer cease work for
that day.
8.10 Lunch and Meal Breaks
8.10.1 An officer is to take a meal break of at least
30 minutes in a period of 5 hours continuous work.
8.10.2 Lunch breaks must be of at least 30 minutes
duration with an entitlement of up to one hour.
8.10.3 Provided customer service is maintained, a
longer lunch break of up to two and a half hours may be taken with the
supervisor’s approval. Lunch breaks may be taken between 11.30am and 2.30pm.
8.11 Flexible Working Hours
8.11.1 An officer may vary their flexible working
hours or work standard hours at any time in agreement with the Chief Executive
Officer or delegate and in accordance with the provisions of this Award.
8.12 Flex Leave and Banked Time Entitlements
8.12.1 All officers are entitled to take combinations
of up to six (6) Flex Leave and Banked Time days in any settlement period. This
time may be taken together with other forms of leave. The issue of when Flex
Leave is taken should be agreed between the Officer and the Chief Executive
Officer or delegate.
8.12.2 An officer may accumulate Banked Time during
each settlement period on the following basis:
where the
staff member takes 6 Flex Leave days the possible Banked Time is zero;
where the
staff member takes 5 Flex Leave days the possible Banked Time is 1 day;
where the
staff member takes 4 Flex Leave days the possible Banked Time is 2 days;
where the
staff member takes 3 Flex Leave days the possible Banked Time is 3 days;
where the
staff member takes less than 3 Flex Leave days the possible Banked Time is 3
days.
8.12.3 An officer may accumulate Banked Time of up to
three (3) days in each settlement period. Over four settlement periods a
maximum or equivalent of 12 days may be accumulated as Banked Time.
8.12.4 A Flex Leave day and a Banked Time day are each
equivalent to 7 hours. The officer’s flex time will be reduced by this amount
for each day of Banked Time. Seven (7) hours will be re-credited to the staff
member’s time sheet when a Banked Time day is utilised for leave.
8.12.5 Banked Time days may be taken with other forms
of leave including Flex Leave and can be taken in quantities ranging from 1 to
12 days over 4 settlement periods.
8.13 Accrued Work Time (AWT)
8.13.1 All time
worked during the settlement period in accordance with this agreement (except
paid overtime) will count towards the Officer’s Accrued Work Time (AWT).
8.13.2 An officer should have Accrued Work
Time (AWT) of at least 410 hours at the conclusion of a settlement period. The
minimum of 410 hours includes all credited AWT and all approved leave.
8.13.3 Where Accrued Work Time (AWT) is
less than 410 hours at the end of a settlement period the officer will be
required to submit a recreation leave form for the amount of the shortfall.
Should the officer have no such leave available, leave without pay (LWOP) for
the amount of time below 410 hours will apply and the LWOP is credited to the
AWT total.
8.13.4 During the settlement period an
Officer is entitled to accumulate and/or carry forward hours in excess of the
420 ordinary hours up to and including an additional 42 hours in any one
settlement period. This additional 42 hours may be taken in the next settlement
period as part of the up to 6 Flex Leave days that may be taken. This amount
can only be exceeded in exceptional circumstances.
8.13.5 Hours worked are to be documented by
the officer and supervisor over the settlement period through use of flex time
records.
8.13.6 Total Accrued Work Time (AWT) is
not to exceed 462 hours on a cumulative basis except in exceptional
circumstances.
8.13.7 At the conclusion of each settlement
period any Accrued Work Time (AWT) in excess of the 420 ordinary, and up to 462
hours, will be carried forward as a credit to the next settlement period,
unless accumulated to the officers Banked Time in accordance with Clause
8.12.2.
8.13.8 In exceptional situations it is
possible that the 462 hour limit may be exceeded. This additional time can be
carried forward to the next settlement period but the Chief Executive Officer
or delegate must develop an agreed strategy to ensure that the Officer is able
to reduce the AWT to below the 462 hour limit.
8.13.9 An officer with Accrued Work Time
(AWT) at the conclusion of a settlement period that amounts to less than 420
hours and greater than 410 hours must carry the appropriate debit hours forward
to the next settlement period.
8.13.10An
officer may vary working hours to suit particular personal needs or absent
themselves from work using Flex Leave or Banked Time. Absences of this type may
occur on more than one occasion as single or consecutive full or quarter days
in a settlement period and will be taken in agreement with the Chief Executive
Officer or delegate. Absences of this type are not to be unreasonably denied,
however the work demands of the NESA should be recognised.
8.13.11 Banked Time and Flex Leave shall be
taken:
(a) as soon as
practicable following its accrual;
(b) recognising that
out of school hours and school vacations often provide the most practicable
opportunities;
(c) in multiples of
a quarter day only.
8.14 Flexible Working Hours for Field Officers
(Liaison Officers)
8.14.1 Flexible working hours of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 or its successor
or as amended from time to time apply to Field Officers subject to variation
of:
Settlement
Period
Accumulation
and Carry Over
Flex
leave
Commencement or Cessation of Duty during Coretime
as affected by the terms of subclauses 8.14.2 to 8.18.
8.14.2 Bandwidth hours for Field Officers are between
7.30 a.m. and 6.00 p.m. on each day, Monday to Friday. With
the core hours requirement 9.30am to 3.30pm excluding public holidays. A
flexible approach will be adopted by Field Officers and management in relation
to normal working and flexible working arrangements. The decision in these
matters is subject to organisational convenience and an appropriate level of
service being provided, having regard to:
(a) A Field Officer may opt, for personal
reasons or work commitments, not to take a flex day in a settlement period, but
rather to bank that flex day for use in a later settlement period. Note that the total number of flex days that
can be taken is not increased.
(b) Up to one flex day and one banked flex
day, or two banked flex days, may be taken in any settlement period.
(c) The total number of banked flex days at
any one time must not exceed five days.
(d) To bank a flex day, seven hours is
deducted from the total hours worked in the settlement period. The balance of
hours (after deducting a banked flex day) may be carried over, up to a maximum
of ten hours.
8.15 Separation from the Agency
8.15.1 Where an Officer gives notice of resignation,
retirement or transfer to another government department, the Chief Executive
Officer or delegate and Officer will, during the period of notice, take all
reasonable steps to eliminate any accumulated credit or debit hours.
8.15.2 The Chief Executive Officer or delegate will
facilitate the elimination of accumulated credit or debit hours by such
Officers.
8.15.3 Where an officer has an accumulation of debit
hours at the completion of the last day of service, the accumulated recreation
leave or moneys owing to that officer will be adjusted accordingly.
8.15.4 Where an Officer has an accumulation of credit
hours at the completion of the last day of service, then the accumulated credit
hours are to be paid to the officer at the current salary rate. However, if requested by the officer and
agreed by the new agency, the credit hours may be carried forward to the new agency.
8.16 Part Time Officers
8.16.1 Part-time Officers may accumulate the same
Accrued Work Time (AWT) and have the same rights to flexible working hours as
full-time officers. They may not be required to work more than their contract
hours.
8.17 Disruption of Transport
8.17.1 Where an Officer is delayed or prevented from
attending the workplace as a result of a transport strike or a major transport
delay, the following conditions will apply to the period of disruption.
(a) The Officer may commence or cease duty at
any time. Time worked on such days will accumulate in a normal way.
(b) Where an Officer is unable to attend the
workplace due to a transport disruption and is unable to work from home or
attend another place of work, then the Officer may take the full day off
without penalty provided that any excess Accrued Work Time is cleared in the
following settlement period.
(c) An Officer affected by transport
disruption will not be debited recreation leave or leave without pay if the
officer has accrued less than the minimum required Accrued Work Time contract
hours in the settlement period coinciding with the transport disruption.
However, the Officer must ensure that any Accrued Work Time debit is cleared in
the following settlement period.
8.18 Working at Home
8.18.1 Working from home is a voluntary and
co-operative arrangement which allows Officers to continue their employment
during some temporary unforeseen circumstance which prevents their attending
the workplace or where work of an intensive nature can be performed efficiently
away from the workplace. Approval may be given by the appropriate manager or
supervisor for individual Officers to work from home on full salary and
entitlements on the basis that the arrangement is short term (up to five days)
and is irregular, appropriate outcomes are negotiated and hours of work are
agreed. Wherever possible, approval is to be sought in advance.
8.18.2 Working from home on an extended (more than
five days) or regular basis on any one occasion rather than on a short-term
basis will require a working from home arrangement to be developed by agreement
between the parties.
8.19 Chief Education Officers
8.19.1 Chief Education Officers may negotiate with
their supervisors for patterns of working hours which meet both the needs of
the NESA and the personal circumstances of individual Chief Education Officers.
8.19.2 Chief Education Officers may elect, from the
agreed date of operation of this clause, that is 12 June 2006, to work under
the Flexible Work Arrangements pursuant to Clause 8.4.1, except for any work
undertaken outside the standard bandwidth in which case the provisions of
Clause 8.19.1, rather than Clause 8.7.3 or 8.7.4, will apply
9. Work Outside
Ordinary Working Hours
9.1 Work Outside
Ordinary Hours for Education Officers, Senior Education Officers, Grade 1 and
Senior Education Officers, Grade 2.
9.1.1 The parties agree that Officers directed to
work outside ordinary working hours shall be entitled to excess hours and
compensatory leave provisions under this clause.
9.1.2 For the purpose of calculating excess hours
and compensatory leave the bandwidth hours for work:
(a) directed by the
Chief Executive Officer or delegate
shall be 7.30 am to 6.00pm
(b) undertaken at the officer’s own
initiative and with the approval of the Chief Executive Officer or delegate shall be, except for Field
Officers, 7.00 am to 7.00pm
(c) performed by
Field Officers at the officers own initiative and approved by the Chief
Executive Officer or delegate shall be 7.30 am to 6.00 pm
9.1.3 In the absence of flexible working hours the
ordinary hours of work shall be 35 hours per week, Monday to Friday.
9.1.4 Officers involved in meetings with NESA
Curriculum Committees, Working Parties, focus teams, etc., may,
where there is agreement with the other parties involved, organise
teleconferences or electronic exchange. Such meetings or representation
arranged as teleconferences or as an electronic exchange may, where possible,
also be arranged to minimise the additional hours required to be worked by officers
outside bandwidth working hours.
9.2 Compensatory Leave
9.2.1 Compensatory leave shall be taken:
(a) as soon as
practicable following its accrual:
(b) recognising that
out of school hours and school vacations provide the most practicable
opportunities;
(c) in multiples of
a quarter day only;
(d) within three months of the date of
working the excess hours, unless the excess hours worked are banked within the
cumulative balance limit and carried forward subject to paragraphs 9.2.2, 9.2.3
and 9.2.4 of this subclause;
and
provided further that:
(i) compensatory leave for weekend duty performed may be accrued
and added to the cumulative balance of excess hours accrual;
(ii) compensatory
leave for duty on public holidays may be accrued and added to annual leave
credits and, upon termination, will be regarded as recreation leave for the
purposes of the Government Sector Employment Regulation 2014 and the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009; or its
successor or as amended from time to time.
(iii) an officer must
take all compensatory leave granted prior to the last day of service of his/her
period of permanent appointment, secondment, temporary appointment or temporary
employment.
9.2.2 Compensatory leave may be accrued up to a
cumulative balance limit of five days, in any period of three months, in
recognition of work performed outside bandwidth hours with the exception of
Field Officers. Field Officers shall have a cumulative balance limit of 20 days
at any point in time in recognition of work performed outside bandwidth working
hours.
9.2.3 Compensatory leave accrued in a calendar year
must be taken by January 31 of the following calendar year.
9.2.4 Subject to subclause 9.3 of this clause,
leave accumulated above the limit in paragraph 9.2.2 of this subclause or not
taken by the date in paragraph 9.2.3 of this subclause, will be forfeited,
unless the Officer acts on a direction by the Chief Executive Officer to take,
at such time as is convenient to the working of the NESA, the excess
compensatory leave accrued. As far as practicable, the wishes of the Officer
concerned will be taken into consideration in directing the time for the taking
of that excess compensatory leave.
9.2.5 Officers will have ready access to cumulative
balances of accrued compensatory leave to ensure they are appropriately
notified of any impending forfeiture.
9.2.6 Compensatory leave may only be granted to
Officers whose salary or salary and allowances in the nature of salary are not
in excess of the salary classification rate prescribed as the maximum rate for
Senior Education Officer, Grade 2, and as varied from time to time.
9.3 Calculation of and Payment in Lieu of
Compensatory Leave
9.3.1 Where the regularity of the demands of School
Certificate and Higher School Certificate examination paper setting and marking
program or where it is impracticable for the compensatory leave to be taken,
the Chief Executive Officer shall:
(a) allow the
compensatory leave to continue to accumulate beyond the limit in paragraph
9.2.2 of subclause 9.2 of this clause; or
(b) subject to
paragraphs 9.3.2 and 9.3.3 of this subclause, authorise payment in lieu of
compensatory leave.
9.3.2 Calculation of compensatory leave or payment
in lieu of compensatory leave shall be undertaken and paid by the following
method:
(a) for all excess hours worked before or
after the applicable bandwidth hours at the rate of time and one half for the
first two hours and at the rate of double time thereafter;
(b) for all excess
hours worked on Saturday at the rate of time and one-half for the first two
hours and at the rate of double time thereafter;
(c) for all excess
hours worked on Sunday at the rate of double time;
(d) for all excess hours worked on public
holidays which would normally be a working day at the rate of time and one-half
in addition to salary;
(e) for all excess hours worked on public
holidays which would not normally be a working day at the rate of double time
and a half.
Provided
that
(i) meal times shall not be included in the calculation of
excess hours;
(ii) if an Officer is absent from duty on any
working day during any week in which excess hours have been worked by him/her,
the time so lost may be deducted from the total amount of excess hours worked
by him/her during the week unless he/she is granted leave of absence on
recreation or on account of illness or unless, in the opinion of the Chief
Executive Officer, his/her absence has been caused by circumstances beyond
his/her control; and
(iii) an officer who
works excess hours on Saturdays, Sundays or public holidays shall:
(a) if payment is made in lieu of
compensatory leave, be paid a minimum payment as though he/she has worked for
three hours which shall be calculated according to the method as set out in
paragraph 9.3.3 of this subclause and at the appropriate rate prescribed
herein;
(b) be credited with
compensatory leave as though he/she has worked minimum of three hours which
shall be calculated according to the method as set out in the said paragraph
9.3.3 and at the appropriate rate prescribed herein.
9.3.3
(a) Payment in lieu of compensatory leave for
excess hours worked shall not be paid for:
(i) periods of less than one-quarter of an hour;
(ii) time spent
travelling, as the provisions of the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 or its successor or as amended from time to
time.
(iii) periods of excess
hours which exceed 35 hours (or 5 days) of accrued time. The entitlement of
Field Officers is unaffected by the provision of this subclause.
(b)
(i) The formula
for the calculation of payment for excess hours at ordinary rates shall be:
|
Annual Salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.8929
|
|
35 hours
|
(ii) To determine time and one-half or double
time rates or double time and one-half rates, an hourly rate at ordinary time
shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated to the nearest
cent.
(c) The annual salary for the purpose of the
calculation in this paragraph is the Officer’s annual salary or the maximum
rate for Senior Education Officer, Grade 2, whichever is the lower.
(d) In exceptional circumstances, the Chief
Executive Officer may approve of the payment in lieu or compensatory leave for
excess hours worked in the case of Officers for whom compensation is
specifically elsewhere provided for, or who are paid an allowance for overtime
or excess hours or whose salary is fixed as inclusive of overtime or excess
hours, or those otherwise rendered ineligible by this award.
9.3.4 Meal Allowances
(a) An allowance for the meal 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 provided the Chief Executive Officer is satisfied that:
(i) the performance of the work concerned at the time at which
it was performed was necessary;
(ii) the Officer
incurred expenditure in obtaining the meal in respect of which the allowance is
sought;
(iii) where the Officer was able to cease duty for at least 30
minutes before or during the working of excess hours to take the meal, and the
officer did so.
(b) An Officer who complies with the
provisions of this clause, whether entitled to compensation for excess hours or
not, shall be paid the relevant allowance prescribed pursuant to subparagraph
9.3.4(a).
(c) Where an allowance under this paragraph
is insufficient to adequately reimburse the Officer for expenses properly and
reasonably incurred, a further allowance may be paid so as to reimburse the
Officer for the additional expenses incurred.
(d) Where an Officer working flexible hours
is required to work excess hours on weekdays beyond 6.00pm and until or beyond
8 hours after commencing duty, plus the time taken for lunch, the Officer shall
be allowed 30 minutes for a meal and, thereafter, 30 minutes for a meal after
every five hours of overtime worked.
10. Consultation
10.1 A joint consultative committee with
Federation/NESA representatives will operate to deal with a range of matters
affecting working conditions including but not limited to technological change
and training and development. The committee will meet at mutually agreed times.
11. Training and Development
11.1 The NESA will consult with the Federation in
reviewing the NESA’s training and development activities which are designed to
assist officers to refresh their knowledge and understanding of contemporary
school settings. This consultation will
include:
(a) identifying the
most successful training and development activities and improving them where
necessary;
(b) checking that
they are available and accessible to all officers.
This
process will serve to adjust the existing program as appropriate in
consultation with the Federation.
11.2 The existing program is designed to assist
Officers to refresh their knowledge and understanding of contemporary school
settings. In addition to the intrinsic
benefits that such professional development provides to all officers, these
activities may assist the re-entry and re-orientation of Officers on secondment
or temporarily employed returning to schools. These activities will be made
available to all Officers over the life of this award as part of a program of
training and development where this is agreed between the Office and the
individual Officer. The NESA also recognises that, where possible, Officers on
secondment or temporarily employed should have opportunities to take part in
school-based activities related to the Officer’s work at the NESA.
11.3 Where Officers are required to undertake a
professional development opportunity designated as an agency priority by the
NESA, the Officer will be considered to be on duty and all compulsory fees will
be met by the NESA.
11.4 Where the professional development
opportunity is an approved training and development activity and is voluntarily
undertaken, the Officer may undertake the course in his/her own time, to the
extent that it is outside ordinary working hours, and meet any fees unless the
NESA exercises its discretion to refund all or part of these fees. The
provisions of clause 9, Work Outside Ordinary Working
Hours, shall not apply in respect of this subclause.
12. Performance Appraisal
12.1 The performance appraisal process for
Officers will be negotiated between the parties to address three objectives and
will:
12.1.1 ensure that Officers
engage in an appraisal process designed to improve the quality of their work
and to focus it on the NESA’s corporate objectives;
12.1.2 provide work reports
to Officers;
12.1.3 assist Officers whose
performance is causing concern.
12.2 The performance appraisal process will be
centred on the following principles:
12.2.1 The work of the NESA is centred on assisting
teaching and learning. The structures for improvement of the quality of
teaching and learning should therefore be consistent with what is generally
regarded as best practice in the field
12.2.2 The improvement of curriculum development,
examination, assessment and credentialing practices requires ongoing
professional development. Education professionals learn best in collegial
contexts, so structures for improvement will be based on that concept.
12.2.3 The performance appraisal process will be
negotiated at the supervisory level and will focus on improving performance by
facilitating learning and change in a collegial way.
12.2.4 Officers will participate in forms of collegial
practice to improve the quality and focus of their work through discussion
about, and observation of, curriculum, examination, assessment and credentialing
practice in a supportive and developmental environment.
12.2.5 Training will be provided to address the agreed
needs of individual Officers and groups of Officers, taking into account the
Officer as an individual professional, as a member of a team working within the
framework of the NESA’s policies and practices, and as a valued professional
within the government and non-government school education system within New
South Wales.
13. Technology
13.1 The NESA is committed to consulting with the
Federation over any proposal for or use of new or upgraded technology as it
directly affects the teaching service staff encompassed by this award. In this context, the parties are committed to
the following principles:
13.1.1 Consultation will occur at the planning,
development, implementation and post implementation phases of the introduction
and use of new or significantly upgraded technology;
13.1.2 New or upgraded technology will be accompanied
by appropriate training or retraining for staff and will be regarded as a
Training and Development system priority;
13.1.3 New or upgraded technology will comply with the
NESA’s Work Health and Safety obligations;
13.1.4 If the introduction of new or upgraded
technology leads to material changes to the work organisation or duties of a
particular role or position, then the parties agree to consult on the impact of
the changes.
14. Dispute Resolution Procedures for the Parties
14.1 Subject to the provisions of the Industrial Relations Act 1996, the
following procedures shall apply:
14.1.1 Should any dispute, (including a question or
difficulty) arise as to matters occurring in a particular workplace the Officer
and/or Federation workplace representative shall raise the matter with the
relevant Branch Manager or Director as soon as practicable.
14.1.2 The relevant Branch Manager or Director will
discuss the matter with the Officer and/or Federation’s workplace
representative within two working days with a view to resolving the matter or
negotiating an agreed method and timeframe for proceeding.
14.1.3 Should the above procedure be unsuccessful in
producing a resolution of the dispute or should the matter be an agency-wide
nature, the individual Officer or the Federation may raise the matter with the
Chief Executive Officer’s delegate with a view to resolving the dispute, or
negotiating an agreed method and timeframe for proceeding.
14.1.4 Where the procedures in paragraph 14.1.3 of
this subclause do not lead to resolution of the dispute, the matter will be referred
to the Chief Executive Officer and the General Secretary of the Federation.
They or their nominees shall discuss the dispute, with a view to resolving the
matter or by negotiating an agreed method and timeframe for proceeding.
14.1.5 Should the above procedures not lead to a
resolution, either party may make application to the Industrial Relations
Commission of New South Wales.
15. Duties as Directed
15.1 The Chief Executive Officer may direct an
Officer to carry out such duties as are within the limits of the Officer’s
skill, competence and training, consistent with the classifications covered by
this award, provided that such duties are not designed to promote de-skilling.
Such duties may include transfer to a role different to that for which the
officer may have been recruited.
15.2 The Chief Executive Officer may direct an
Officer to carry out such duties and use such tools, materials and equipment as
may be required, provided that the Officer has been properly trained in the use
of such tools, materials and equipment.
15.3 When an officer undertakes duties using
online or other electronic means for content management purposes such purposes
would comprise for:
15.3.1 curriculum officers :
drafting or amending syllabus and curriculum support documents;
15.3.2 test development and
assessment officers : examination specifications and other assessment resource
materials;
15.3.3 policy and public
affairs officers : NESA policies, rules and public relations and event
material.
15.4 Any directions issued by the Chief Executive
Officer shall be consistent with the Chief Executive Officer’s responsibility
to provide a safe and healthy working environment and pursuant to the
provisions of clause 13 of this award.
16. Personal\Carer’s Leave
16.1 The entitlement to leave in accordance with
this clause is subject to:
16.1.1 the Officer being
responsible for the care and support of the person concerned; and
16.1.2 the person concerned
being:
(a) a spouse of the
Officer; or
(b) a de facto spouse being a person of the
opposite sex to the Officer who lives with the Officer as her husband or his
wife on a bona fide domestic basis although not legally married to that
Officer; or
(c) 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 and legal guardian),
grandparent, grandchild or sibling of the Officer or of spouse or de facto
spouse of the Officer; or
(d) a same sex
partner who lives with the Officer as the de facto partner of that Officer on a
bona fide domestic basis; or a relative of the Officer 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.
16.2 Use of Family and Community Service Leave to
Care for a Family Member
16.2.1 The Chief Executive Officer shall, in the case
of emergencies or in unplanned personal or domestic circumstances, grant to an
Officer some or all of the available family and community service leave on full
pay.
16.2.2 Such cases may include but are not to be
limited to the following:
(a) compassionate
grounds-such as the death or illness of a close member of the family or a
member of the Officer’s household;
(b) accommodation
matters to one day-such as attendance at court as defendant in an eviction
action, arranging accommodation, or when required to remove furniture and
effects;
(c) emergency or
weather conditions such as when flood, fire or snow etc. threaten property
and/or prevent an Officer from reporting for duty;
(d) other personal
circumstances such as citizenship ceremonies, parent/teacher interviews or
attending child’s school for other reasons.
16.2.3 Attendance at court by an Officer to answer a
charge for a criminal offence if the Chief Executive Officer considers the
granting of family and community service leave to be appropriate in a
particular case.
16.2.4 Staff members who are selected to represent
Australia or the State as competitors in major amateur sport (other than
Olympic or Commonwealth Games).
16.2.5 Officers who hold office in Local Government
other than as a Mayor of a Municipal Council, Chief Executive Officer of a
Shire Council or Chairperson of a County Council, to attend meetings,
conferences or other duties associated with that office where those duties necessitate
absence during normal working hours.
16.2.6 Family and community service leave on full pay
which may, subject to this award, be granted to an Officer shall be as follows:
(a) Two and a half of the Officer’s
working days in the first year of service.
Two and a half days in the officer’s second year of service and one day
per year thereafter.
(b) If available family and community leave
is exhausted as a result of natural disasters, the Chief Executive Officer
shall consider applications for additional family and community service leave,
if some other emergency arises. On the death of a person as defined in clause
16.1, additional paid family and community service leave of up to two days may
be granted on a discrete, per occasion basis to an Officer.
(c) In cases of illness of a family member
for whose care and support the Officer is responsible, paid sick leave in
accordance with subclause 16.3 of this clause, shall be granted when paid
family and community service leave has been exhausted.
16.3 Use of Sick Leave to Care for a Family
Member. When family and community
service leave is exhausted, an Officer with responsibilities in relation to a
category of person as set out in subclause 16.1 of this clause, who needs the
Officer’s care and support, may elect to use available paid sick leave, subject
to the conditions specified in this subclause, to provide such care and support
when a family member is ill.
16.3.1 An Officer with responsibilities in relation to
a person who needs their care and support shall be entitled to use sick leave
available from that year’s annual sick leave entitlement minus any sick leave
taken from that year’s entitlement to provide care and support for such persons
when they are ill.
16.3.2 Sick leave accumulates from year to year. In addition to the current year’s grant of
sick leave available under sub clause 16.3.1 sick leave accrued from the
previous three years including that accrued and referred to in clause 7,
Appointment and Mobility Provisions, may also be accessed by an Officer with
responsibilities in relation to a person who needs their care and support.
16.3.3 The Chief Executive Officer may, in special
circumstances, make a grant of additional sick leave. This grant can only be
taken from sick leave accrued prior to the period referred to in 16.3.2 of this
subclause.
16.3.4 The Officers shall, if required, 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.
16.3.5 The Officer has the right to choose the method
by which the ground for leave is established, that is, by production of either
a medical certificate or statutory declaration.
16.3.6 The Officer is not required to state the exact
nature of the relevant illness on either a medical certificate or statutory
declaration.
16.3.7 The Officer shall, wherever practicable, give
the Chief Executive Officer notice prior to the absence of the intention to
take leave, the name of the person requiring care and the person’s relationship
to the Officer, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the Officer to give prior notice of
absence, the Officer shall notify his/her manager by telephone of such absence
at the first opportunity on the day of absence.
16.3.8 In normal circumstances, the Officer must not
take leave under this subclause where another person has taken leave to care
for the same person.
16.4 Compassionate Leave
16.4.1 For the purpose of providing care and support
for a person in accordance with this clause an Officer may elect with the
consent of his/her manager to take compensatory leave at a time or times agreed
with the manager.
16.4.2 Compensatory leave taken as time off during
ordinary working hours shall be taken at the ordinary working hours rate, that is an hour for each hour worked.
16.4.3 If having elected to take time as leave in
accordance with paragraph 16.4.1 of this subclause and the leave is not taken
for whatever reason the provisions of clause 9, Work Outside
the Ordinary Hours of Work shall apply.
16.4.4 When applying the provisions of the said clause
9 in accordance with paragraph 16.4.3 of this subclause, the untaken leave
shall be preserved for a period of 12 months before the forfeiture provisions
of paragraph 9.2.4 of subclause 9.2 of clause 9, or the payment in lieu
provisions of subclause 9.3 of clause 9 will apply.
16.5 Use of Make-up Time
16.5.1 An Officer may elect, with the consent of the
Chief Executive Officer, to work "make-up time". "Make-up
Time" is worked when the Officer takes time off during ordinary working
hours, and works those hours at a later time, during the spread of ordinary
working hours, at the ordinary working hours rate of
pay.
16.6 Use of Other Leave Entitlement
16.6.1 The Chief Executive Officer may grant an
Officer other leave entitlements for reasons related to family responsibilities
of, or community service by, the Officer. An Officer may elect, with the consent
of the Chief Executive Officer, to take:
(a) recreation
leave;
(b) extended leave;
and
(c) leave without
pay.
17. Work Health and Safety
17.1 For the purposes of this clause, the
following definitions shall apply:
(a) 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
at 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.
(b) 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.
17.2 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):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(b) 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;
(c) 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
(d) 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.
17.3 Nothing in this clause 17 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.
17.4 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.
17.5 This clause operates from 1 March 2006.
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
officer because the officer 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:
(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.
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.
NOTES -
(a) Employers and employees may also be
subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing
in this 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. No Further Claims
19.1 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.
20. Area, Incidence and Duration
20.1 The department for which this award is made
is the NSW Education Standards Authority.
The Award covers all persons employed on an ongoing basis, seconded or
temporarily employed by the NESA in the classifications of Chief Education
Officer, Principal Education Officer, Senior Education Officer and Education
Officer.
20.2 This award rescinds and replaces the Crown
Employees (Board of Studies, Teaching and
Educational Standard - Education Officers) Salaries and Conditions Award
2017, published 5 May 2017 (381 IG 211).
20.3 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 -
Salaries
Chief
Education Officer - Grade 1
|
Grade 1
|
2.5%
|
2.27%
|
2.04%
|
|
From the first pay period
|
From the first pay period
|
From the first pay period
|
|
|
to commence on or after
|
to commence on or after
|
to commence on or after
|
|
|
1/1/2020
|
1/1/2021
|
1/1/2022
|
|
|
$
|
$
|
$
|
|
Level 1
|
163,727
|
167,444
|
170,860
|
|
Level 2
|
169,038
|
172,875
|
176,402
|
|
Level 3
|
174,355
|
178,313
|
181,951
|
|
Level 4
|
177,923
|
181,962
|
185,674
|
|
Level 5
|
181,887
|
186,016
|
189,811
|
Chief
Education Officer - Grade 2
|
Grade 2
|
2.5%
|
2.27%
|
2.04%
|
|
From the first pay period
|
From the first pay period
|
From the first pay period
|
|
|
to commence on or after
|
to commence on or after
|
to commence on or after
|
|
|
1/1/2020
|
1/1/2021
|
1/1/2022
|
|
|
$
|
$
|
$
|
|
Single Salary
|
|
|
|
|
Point
|
186,434
|
190,666
|
194,556
|
Principal
Education Officer
|
|
2.5%
|
2.27%
|
2.04%
|
|
|
From the first pay period
|
From the first pay period
|
From the first pay period
|
|
|
to commence on or after
|
to commence on or after
|
to commence on or after
|
|
|
1/1/2020
|
1/1/2021
|
1/1/2022
|
|
|
$
|
$
|
$
|
|
Single Salary
|
|
|
|
|
Point
|
160,104
|
163,738
|
167,078
|
Senior
Education Officer Grade 1
|
|
2.5%
|
2.27%
|
2.04%
|
|
|
From the first pay period
|
From the first pay period
|
From the first pay period
|
|
|
to commence on or after
|
to commence on or after
|
to commence on or after
|
|
|
1/1/2020
|
1/1/2021
|
1/1/2022
|
|
|
$
|
$
|
$
|
|
Level 1
|
123,062
|
125,855
|
128,422
|
|
Level 2
|
138,439
|
141,582
|
144,470
|
Senior
Education Officer Grade 2
|
|
2.5%
|
2.27%
|
2.04%
|
|
|
From the first pay period
|
From the first pay period
|
From the first pay period
|
|
|
to commence on or after
|
to commence on or after
|
to commence on or after
|
|
|
1/1/2020
|
1/1/2021
|
1/1/2022
|
|
|
$
|
$
|
$
|
|
Single Salary
|
144,316
|
147,592
|
150,603
|
|
Point
|
|
|
|
Education
Officer AECG
|
|
2.5%
|
2.27%
|
2.04%
|
|
|
From the first pay period
|
From the first pay period
|
From the first pay period
|
|
|
to commence on or after
|
to commence on or after
|
to commence on or after
|
|
|
1/1/2020
|
1/1/2021
|
1/1/2022
|
|
|
$
|
$
|
$
|
|
Level 1
|
|
|
|
|
1st year of service
|
89,690
|
91,726
|
93,597
|
|
Thereafter
|
92,519
|
94,619
|
96,549
|
|
|
|
|
|
|
Level 2
|
|
|
|
|
1st year of service
|
96,146
|
98,329
|
100,335
|
|
Thereafter
|
98,964
|
101,210
|
103,275
|
|
|
|
|
|
|
Level 3
|
|
|
|
|
1st year of service
|
101,926
|
104,240
|
106,366
|
|
Thereafter
|
104,982
|
107,365
|
109,555
|
|
|
|
|
|
|
Level 4
|
|
|
|
|
1st year of service
|
109,345
|
111,827
|
114,108
|
|
Thereafter
|
112,824
|
115,385
|
117,739
|
Allowances
Allowances and
the rates paid for allowances will be as determined and adjusted from time to
time 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.
N. CONSTANT, Acting Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.