Crown Employees (Jenolan Caves Reserve Trust) Salaries REVIEWED Award 2020

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(Case No. 133691 of 2019)

 

 

REVIEWED AWARD

 

1.  Arrangement

 

Clause No.       Subject Matter

 

1.         Arrangement

2.         Title of Award

3.         Definitions

4.         Parties

5.         Intentions

6.         Salaries

7.         Loadings

8.         Allowances

9.         Hours

10.      Rosters - Visitor Services Employees

11.      Shift Work - Visitor Services Employees

12.      Rest Breaks

13.      Temporary Employees

14.      Casual Employment

14A.   School Based Apprentices

15.      Overtime

16.      Assignments

17.      Consultation

18.      Grievance Procedures

19.      Anti-Discrimination

20.      Association Subscriptions

21.      Area, Incidence and Duration

 

SCHEDULE A - BASE SALARY LEVELS

SCHEDULE B - COMPETENCY LEVELS

SCHEDULE C - LOADINGS

 

SUPPLEMENTARY SCHEDULE C1

SUPPLEMENTARY SCHEDULE C2

 

SCHEDULE D - CASH ALLOWANCES

SCHEDULE E - OTHER CASUAL ENTITLEMENTS

 

2.  Title of Award

 

This Award shall be known as the Crown Employees (Jenolan Caves Reserve Trust) Salaries Reviewed Award 2020.

 

3.  Definitions

 

"Trust" shall mean the Jenolan Caves Reserve Trust, constituted under the National Parks and Wildlife Act 1974.

 

"Employee" shall mean any person engaged to work for the Jenolan Caves Reserve Trust, under the provisions of the Government Sector Employment Act 2013.

 

"Temporary Employee" shall mean a person who is engaged for a period of time to undertake a specific task and/or is required to regularly work a number of ordinary hours each week.

 

"Casual Employee" shall mean a person engaged and paid as such, where leave benefits do not accrue but are recognised in an enhanced rate of pay.

 

"Association" shall mean the Public Service and Professional Officers’ Association Amalgamated Union of New South Wales.

 

"Union" shall mean The Australian Workers' Union, New South Wales, the Electrical Trades Union of Australia, New South Wales Branch, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, and the Construction, Forestry, Mining and Energy Union, New South Wales Branch.

 

"Administrative Service Employees" shall mean all persons employed to provide administrative, technical, resource and management services for the Trust, who are employed to work on a 35-hour a week basis.

 

"Customer Service Officer (Grades 1-4)" were included in this Award in error during the 2015 Award review process. Staff employed in these classifications have their salaries set by this award but their conditions of employment set by the Crown Employees (Public Sector Conditions of Employment) Reviewed Award 2009 or any award replacing it. Prior to 2015 these staff were covered by the now rescinded Motels, Accommodation and Resorts &c. (State) Award and their roles remain consistent with the types of work defined under that Award at the date of its rescission.

 

"Visitor Services Employees" shall mean all persons employed to directly provide for the maintenance or interpretation of the Karst Reserve to the public, who are employed to work on a 38-hour a week basis.

 

"Director" shall mean the General Manager of the Jenolan Caves Reserve Trust.

 

"Base Rate" shall mean the rates of pay as set out in Schedule A.

 

4.  Parties

 

This Award has been entered into by the Jenolan Caves Reserve Trust of the one part and the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales (hereinafter referred to as the "Association") representing all employees not employed as maintenance officers or tradespersons, the Australian Workers' Union, New South Wales, the Electrical Trades Union of Australia, New South Wales Branch, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, and the Construction, Forestry, Mining and Energy Union, New South Wales Branch (hereinafter referred to as the "unions") representing labourers and tradespersons, of the other part.

 

5.  Intentions

 

5.1      It is the intention of the parties that the Award will partially regulate the terms and conditions of employment of employees, through the consolidation and annualisation of wages and salaries.

 

5.2      The annualisation of payments to employees involves the consolidation of payments for:

 

(a)       penalty rates for working weekends (including Saturdays and Sundays) and public holidays per year;

 

(b)       shift allowances and various trades allowances;

 

(c)       annual leave loading.

 

5.3      The parties to this Award agree that the Award will provide for improved efficiencies as set out in Schedule B in the operation, maintenance and display of caves in the Reserve, while creating a better paid and more interesting working environment through training and skills acquisition for employees, while providing a wider range of tasks through opportunities to work in different job classifications.

 

5.4      The Parties to this Award intend to negotiate a new or revised Award to better suit the business operations of the Jenolan Caves Reserve Trust which are undergoing a modernisation process.

 

6.  Salaries

 

6.1      This award is listed in schedule A of the Crown Employees (Public Sector - Salaries 2019) Award and salaries payable to employees shall be in accordance with that award or any award replacing it. The rates set out in Schedule A of this award are subject to the rates as set by the Crown Employees (Public Sector - Salaries 2019) Award or any award replacing it.

 

6.2      The annual salary in the said Schedule A shall be paid for the purposes of superannuation and all paid leave, except as provided in subclause 6.3 of this clause.

 

6.3      Extended leave will be paid at the base rate as set out in Schedule A of the role the employee is occupying at the time the leave is taken.

 

7.  Loadings

 

7.1      Visitor Services Employees who work 42 weekends or less shall not be rostered to work more than ten consecutive weekends, unless the employee agrees to do so.

 

7.2      Schedule C of this Award particularises the loadings which, when added to the base rate, shall form the annual salary.

 

7.3      Employees (other than casual employees) referred to in Schedule C1, who agree to work more weekends and public holidays than those prescribed, will be paid penalty rates on the base rate as follows for working on a:

 

(a)       Saturday - a 50% loading for each additional day worked.

 

(b)       Sunday - a 75% loading for each additional day worked.

 

(c)       Public holiday - a 150% loading for each additional day worked.

 

7.4      Employees referred to in Schedule C1 who agree to work more weekends and/or public holidays than those prescribed, will be paid an additional loading component with any loading component to which they may already be entitled, on the following bases:

 

Number of additional ordinary shifts worked on Sundays and/or	Additional Payment
public holidays in any 12-month period commencing with this Award
4-10	1/5 of one week's ordinary salary
11-17	2/5 of one week's ordinary salary
18-24	3/5 of one week's ordinary salary
25-31	4/5 of one week's ordinary salary
32 or more	one week's ordinary salary

 

7.5      Where, as a consequence of being on leave without pay, an employee has not worked the number of weekends and/or public holidays prescribed, the employee will have the relevant component to which they may not be entitled deducted from salary on the basis of the table above.

 

7.6      The salary deduction referred to in sub-clause 7.5 shall be commenced in December of each year by the second pay day, and shall not be deducted at a rate greater than five per cent of the employee's gross fortnightly pay.

 

7.7      The additional payment referred to in subclauses 7.3 and 7.4 shall be made by the second pay day in December of each year, provided that:

 

(a)       where the employment of an employee is terminated or that employee retires, the employee shall be entitled to be paid the payment accrued under subclauses 7.3 and 7.4 on a pro rata basis from the commencement of the first pay day in December of each year, until the date of termination or retirement; and

 

(b)       payment shall be at the rate applying as at the date of termination or retirement.

 

8.  Allowances

 

8.1      With the exception of allowances listed herein or in Schedule C2 of this Award, all allowances contained within the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 shall be paid as applicable.

 

8.2      The allowances paid to employees for utilising basic skills, occupying key roles and being "on call" as required, are set out in Schedule C.

 

8.3      A Chokage Allowance, as prescribed by the Crown Employees (Skilled Trades) Award, which is not included for employees in Schedule C2, shall be paid to employees on an incidence basis.

 

9.  Hours

 

9.1

 

9.1.1   Flexible Leave - The parties agree that an appropriate level of service be maintained between the hours of 8:30 a.m. and 5:00 p.m. on weekdays.

 

9.1.2   "Ordinary hours of work" shall mean:

 

(a)       for Administration Services employees, 35 hours per week over a 140-hour, four-week cycle, Monday to Friday; and

 

(b)       for Visitor Services employees, 38 hours per week over a 152-hour, four-week cycle, Tuesday to Monday.

 

9.1.3   "Bandwidth" shall mean the times of day between which the ordinary hours of work may be carried out. Those hours being the 12 hours between 7:00 a.m. and 7:00 p.m.

 

9.1.4   "Core time" shall mean:

 

(a)       for Administration Services employees, the period of time when an employee must be on duty, being between the hours of 9:30 a.m. and 3:30 p.m., exclusive of the meal break.

 

(b)       for Visitor Services employees:

 

(i)        for employees employed to provide for the interpretation of the Caves Reserve, 9:30 a.m. to 4:30 p.m., exclusive of a meal break; and

 

(ii)      for employees employed to provide for the maintenance of the Caves Reserve infrastructure, a continuous period of a minimum of seven hours, inclusive of the meal break, commencing before 9:30 a.m.

 

9.1.5   The Trust may require an employee to perform duty beyond the hours determined under paragraph 9.1.3 of this clause for employees working a flexible working hours scheme and for employees working a shift, all work performed in excess of 7.6 hours, but only if it is reasonable for the employee to be required to do so. An employee may refuse to work additional hours in circumstances where the working of such hours would result in the employee working unreasonable hours. In determining what is unreasonable the following factors shall be taken into account:

 

(a)       the employee’s prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study arrangements;

 

(b)       any risk to employee health and safety;

 

(c)       the urgency of the work required to be performed during additional hours, the impact on the operational commitments of the organisation and the effect on client services;

 

(d)       the notice (if any) given by the Trust regarding the working of the additional hours, and by the employee of their intention to refuse the working of additional hours; or

 

(e)       any other relevant matter.

 

9.1.6   "Meal break" shall mean an employee is entitled to a lunch break between the hours of 11:30 a.m. and 2:30 p.m. of not less than 30 minutes. If the employee wishes to substantially extend the lunch break beyond one hour they must, in agreement with their supervisor, ensure the extension will not prevent an appropriate level of service being maintained.

 

9.1.6.1            For employees conducting tours which are programmed to last more than five hours, or in cases of emergency, causing the tour to last more than five hours, they shall have a period of 30 minutes added to the time recorded as having been worked on that day.

 

9.1.7   At the end of each four-week cycle, a maximum of 10 hours debit or 14 hours credit may be carried into the next four-week cycle. Hours in excess of a credit of 14 hours will be forfeited.  Hours in excess of a debit of 10 hours will be debited against accrued annual or extended leave in multiples of one quarter day.

 

9.1.8   An employee may have one full day, plus one half day, or three half days flexible leave in a four- week cycle, with the prior approval of their supervisor.

 

9.1.9   An employee who is unable to take flexible leave in any four-week cycle may "carry over" a leave entitlement of one day or a half day into the next cycle.  A maximum of five days’ flexible leave may be carried over in this manner into the next cycle.

 

9.1.10 Where flexible leave is carried over, the hours for the flexible leave carried over shall not be included as credit hours for the purpose of paragraph 9.1.6.

 

9.1.11 Accumulated flexible leave, which is carried over, may be taken in a block with the prior approval of the supervisor.

 

9.1.12 All flexible leave is to be taken between Monday and Friday, inclusive, excluding public holidays.

 

9.2      No employee shall be required to work for a period of more than five hours continuously without having a meal break.  A morning or afternoon tea break does not breach a continuous period of work.

 

9.2.1   There shall be a paid morning tea break of ten minutes within the five hours of commencing work. An afternoon tea break may be taken during the afternoon in the course of the employees continuing their normal duties.

 

9.3      Employees will be provided with four clear rest days in each two-week period.

 

10.  Rosters - Visitor Services Employees

 

10.1    For roster purposes, the work week shall be Tuesday to Monday, inclusive.

 

10.2    "Roster" shall mean a written list of days of the week on which employees are required to work. This list includes the time of day on which an employee is required to commence duties.

 

10.3    "Daily Work Program" shall mean the allocation of duties to be carried out by employees on a daily basis, including a specified meal break.

 

10.4    "Usual Work Hours" shall mean a period of 7.6 consecutive hours from the prescribed starting time worked on any one day, which is exclusive of the meal break.

 

10.5    The two-week roster of shifts for Visitor Services employees will have regard to the needs of the Trust, employees and provision of services to customers.

 

10.6    There shall be a specified meal break of not less than 30 minutes. Such meal break shall be taken no later than five hours after the commencement of work.

 

10.7    A two-week work roster of shifts and days should be set in writing and displayed at least two weeks before the roster period starts.

 

10.8    Where the two-week roster referred to above is not set in writing and displayed at least two weeks before the roster period starts, agreement on the details of the work roster will be reached between the employees and management of a work area prior to it being finalised in writing and displayed.

 

10.9    A roster of shifts may be varied at any time by mutual consent or in exceptional circumstances on 12 hours’ notice, if rendered necessary by the absence of employees from duty or shortage of employees, or emergency circumstances involving rescue or disaster or short notice tour bookings.

 

10.10  Rosters shall be designed so as to allow for a break of a minimum of ten consecutive hours between the finish and commencement of ordinary work hours.

 

10.11  Permanent changes to the annual pattern of rosters for an employee, or a specific job not covered by the provisions of this Award, will be done in accordance with the consultative procedure with the Association/union and the members concerned, prior to implementation.

 

10.12

 

10.12.1           For ongoing and temporary Guides, the maximum number of cave inspections shall be 132 in any eight- week period, up to a maximum of four per day.

 

10.12.2           This may include showing up to four caves in a day, except that a Guide will not be required (unless by agreement with the Guide) to show more than two two-hour or three-hour adventure tours or more than two River, Jubilee or extended tours, or three Lucas tours in one day.

 

10.13  For the purpose of designing the daily work program, the time taken for group preparation is to be included in the allocated time to conduct an adventure tour.

 

10.14  No employee will spend more than 1,000 hours underground in any period 1 April - 31 March. This amount may be varied by agreement between the parties.

 

11.  Shift Work - Visitor Services Employees

 

11.1    "Shift" shall mean a work period of 7.6 hours which an employee is rostered to work, which commences at or after 10:00 a.m. on a working day.

 

11.2    The number of shifts listed in Schedule C2 shall be rostered on an annual basis and are included in the annual salary for the purposes of this Award.

 

11.3    Employees rostered to work a shift shall have a lunch period of one hour.

 

11.4    Employees rostered to work a shift shall not be able to utilise flexible work hours arrangements while working that shift.

 

11.5    Shift starting and finishing times and meal breaks shall be strictly adhered to.

 

11.6    For the purposes of this clause, employees shall be paid the following allowance once they work a shift (in the case of employees referred to in sub-clause 11.2, a shift in excess of the number of shifts specified therein).

 

Shift	Commencing Time	Payment for Shift in Addition to Base Rate
Day	At or after 6:00 a.m. and before 10:00 a.m.	Nil
Afternoon (early)	At or after 10:00 a.m. and before 1:00 p.m.	10%
Afternoon (late)	At or after 1:00 p.m. and before 4:00 p.m.	12.5%
Night	At or after 4:00 p.m. and before 4:00 a.m.	15%
Night	At or after 4:00 a.m. and before 6:00 a.m.	10%

 

11.7    Where employees are engaged on shift work, they shall be rostered on a rotating basis.

 

11.8    Provided that shift allowances for employees referred to in subclause 11.6 shall not be paid in respect of work done at weekends or on public holidays.

 

12.  Rest Breaks

 

12.1    There shall be a break of at least ten consecutive hours between employees’ ordinary shifts.

 

12.2    Employees required to continue to work after rostered finishing times are required to have a rest break of at least ten consecutive hours before commencing work, and to be paid for any ordinary working time occurring during such absence.

 

12.3    Where employees are directed to commence work without having their required rest break, they will be paid overtime rates until they are released from duty for the ten-hour period, and shall be entitled to be absent until the employee has had ten consecutive hours off duty, without loss of pay, for ordinary working time occurring during such absence.

 

13.  Temporary Employees

 

Where an employee remains available for further ongoing temporary employment with the Trust, the Trust shall preserve their accumulated leave entitlement with the Trust and carry it over to the next period of employment, on an annual basis.

 

14.  Casual Employment

 

14.1    Casual employees will be paid fortnightly, or at the termination of employment, whichever is the earlier, for the hours worked.

 

14.2    The casual hourly rate shall be determined by adding 20 per cent to the base hourly rate.

 

14.3    The base hourly rate will be determined by the following formulae:

 

Base Rate	X	5	X	1
1		260.8929		Number of ordinary hours of work per week

 

14.4    The rate of pay for casual employees shall be, for work:

 

Monday to Friday.	The casual hourly rate
Saturday	The casual hourly rate + 50 per cent
Sunday	The casual hourly rate + 75 per cent
Public Holidays	The casual hourly rate + 150 per cent

 

14.5    Assignment to a higher starting salary point within a salary scale, other than the base grade Year 1, may be determined by the Director, following assessment of the successful applicant's educational qualifications, work experience in a related field and/or relevant skill level and competencies in respect of the role to which they are assigned.

 

14.6    The loading payable to casuals is in lieu of all leave entitlements.

 

14.7    Casual visitor services employees are entitled to be paid overtime for time worked in excess of ten hours per day.

 

14.8    Overtime payments are calculated on the base hourly rate referred to in subclause 14.3.

 

14.9    Casual employees shall be engaged for a minimum of three consecutive hours.

 

14.10  Casual employees shall not be entitled to flexible leave arrangements.

 

14.11  Casuals shall also receive the following entitlements in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009:

 

(a)       Unpaid parental leave in accordance with paragraph 12(iv)(d);

 

(b)       Personal Carer’s entitlement in accordance with subclause 12(v); and

 

(c)       Bereavement entitlement in accordance with subclause 12(vi).

 

14A.  School Based Apprentices

 

14A.1 Definition

 

A school based apprentice is an employee who is undertaking an apprenticeship under a training contract while also enrolled in the Higher School Certificate.

 

14A.2 Wages

 

(a)       The hourly rates for full-time apprentices as set out in this Award shall apply to school based apprentices for total hours worked including time deemed to be spent in off-the-job training.

 

(b)       For the purposes of paragraph (a) of this sub-clause, where a school based apprentice is a full-time school student, the time spent in off-the-job training for which the school based apprentice is paid is deemed to be 25 per cent of the actual hours worked on-the-job each week.

 

(c)       The wages paid for training time may be averaged over the school term or year.

 

(d)       Where this Award specifies a weekly rate for full-time apprentices, the hourly rate shall be calculated by dividing the applicable weekly rate by 38.

 

14A.3 Progression Through the Wage Structure

 

(a)       School based apprentices progress through the wage scale at the rate of 12 months’ progression for each two years of employment as an apprentice.

 

(b)       The rates of pay are based on a standard apprenticeship of four years.  The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school based apprentice undertaking the applicable apprenticeship.

 

14A.4 Conversion from a school based apprentice to a full-time apprenticeship

 

Where an apprentice converts from a school based to a full-time apprenticeship, all time spent as a full-time apprentice counts for the purpose of progression through the wage scale set out in this Award.  This progression applies in addition to the progression achieved as a school based apprentice.

 

14A.5 Conditions of Employment

 

Except as provided by this clause, school based apprentices are entitled to pro rata entitlements of all other conditions of employment contained in this Award.

 

15.  Overtime

 

15.1    Definitions

 

15.1.1 "Overtime" shall mean:

 

(a)       for employees working a flexible working hours scheme, all time worked outside the flexible hours bandwidth or all time worked within the flexible hours bandwidth in excess of ten hours per day where such work is at the direction of the Trust; and

 

(b)       for employees working a shift, all work performed in excess of 7.6 hours where such excess work is at the direction of the Trust.

 

15.2    An employee may be directed by the Trust to work overtime, provided it is reasonable for the employee to be required to do so. An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

(a)       the employee’s prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study arrangements;

 

(b)       any risk to employee health and safety;

 

(c)       the urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services;

 

(d)       the notice (if any) given by the Trust regarding the working of the overtime, and by the employee of their intention to refuse overtime; or

 

(e)       any other relevant matter.

 

15.3    Rates - Overtime, when worked on the days prescribed, shall be paid for at the following rates:

 

(a)       for all overtime worked Monday to Friday, inclusive, at the rate of time and one-half for the first two hours and at the rate of double time thereafter until relieved from duty;

 

(b)       for all overtime worked on a 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 overtime worked on a Sunday, at the rate of double time; and

 

(d)       for all overtime worked on a public holiday, at the rate of double time and one-half, i.e. ordinary rates and one-half in addition to salary.

 

Provided that:

 

(i)        Overtime rates are not paid for meal times.

 

(ii)      An employee receiving a salary in excess of the salary of a Level 6 as above, shall only receive overtime payments calculated on the basis of the salary of a 1st year rate of Level 6.

 

(iii)     An employee who works overtime on a Saturday, Sunday or public holiday shall be paid a minimum payment as for three hours' work at the base rate as prescribed by this Award.

 

15.4    Call Back

 

(a)       An employee recalled to work overtime after leaving the employer’s premises shall be paid for a minimum of three hours' work at the appropriate overtime rates.

 

(b)       The employee shall not be required to work the full three hours if the job can be completed within a shorter period.

 

(c)       When an employee returns to the place of work on a number of occasions in the same day and the first or subsequent minimum pay period overlaps into the next call-out period, payment shall be calculated from the commencement of the first recall, until either the end of duty or three hours from the commencement of the last recall, whichever is the greater.  Such time shall be calculated as one continuous period.

 

(d)       When an employee returns to the place of work on a second or subsequent occasion and a period of three hours has elapsed since the employee was last recalled, overtime shall only be paid for the actual time worked in the first and subsequent periods, with the minimum payment provision only being applied to the last recall on the day.

 

(e)       A recall to duty commences when the employee starts work and terminates when the work is completed. A recall to duty does not include time spent travelling to and from the place at which work is to be undertaken.

 

Where overtime actually worked because of a call out(s) totals less than three hours between the prescribed finishing time and prescribed starting time, shall not be regarded as time worked for the purposes of clause 12 - Rest Breaks, where the actual time worked is less than three hours.

 

15.5    Calculation

 

(a)       Overtime shall not be paid for periods of less than one quarter of an hour.

 

(b)       The formula for the calculation of overtime at ordinary rates shall be:

 

Base Rate	X	5	X	1
1		260.8929		Number of ordinary hours of work per week

 

15.6    Meal Allowance

 

(a)       An employee, whether entitled to payment of overtime or not, who properly and reasonably incurs expenses in obtaining a meal, shall be paid the relevant meal allowance in accordance with the overtime meal allowances in Part B, Monetary Rates, of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009:

 

(i)        for breakfast when, without 12 hours’ notice, required to commence work at or before 6:00 a.m. and at least one hour before the prescribed starting time; and

 

(ii)      for an evening meal

 

(1)       in the case of an employee not working under a flexible working hours' scheme who is required to work beyond 6:00 p.m. and for at least 1.5 hours after the prescribed ceasing time; or

 

(2)       in the case of an employee working under a flexible working hours' scheme who is required to work beyond 6:00 p.m. and beyond the prescribed ceasing time

 

(b)       An employee required to work overtime on a Saturday, Sunday or public holiday:

 

(i)        in the case of an employee whose starting time is not later than 8:30 a.m. and who is required to work until or beyond 1:30 p.m.; or

 

(ii)      in the case of an employee whose starting time is later than 8:30 a.m. and who is required to work until or beyond 2:00 p.m.

 

(c)       An employee shall not be entitled to the allowances prescribed under this clause unless the performance of the work concerned at the time at which it was performed was necessary.

 

15.7    Adjustment of Allowances - Where an allowance under subclause 15.6 - Meal Allowance, 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 or employee for the additional expenses incurred.

 

16.  Assignments

 

16.1    Assignments to a role will be in accordance with the provisions of the Government Sector Employment Act 2013, in as much as it applies to employees of the Trust.

 

16.2    Assignment to the salary scales will be in accordance with Schedule B of this Award.

 

16.3    Assignment to a higher starting salary point within a salary scale, other than Year 1, may be determined by the General Manager, following assessment of the successful applicant's educational qualifications, work experience in a related field and/or relevant skill level and competencies in respect of the role to which they are appointed.

 

17.  Consultation

 

17.1    Consultative Arrangements - The Trust, Association and Unions agree to continued consultation to ensure the implementation of flexible work patterns with the view to achieving world best practice, efficiency and increased job satisfaction.

 

17.2    Joint Consultative Committee

 

17.2.1 A Joint Consultative Committee shall be established comprising the Trust, the Association and the Unions for the purpose of facilitating a constructive exchange of information, to monitor the impact of this Award and survey any difficulties which may arise from its implementation.

 

17.2.2 The Joint Consultative Committee shall be comprised of the Trust’s General Manager and up to four additional management representatives, and up to six representatives (employees and elected members) of the Association/Unions.

 

17.2.3 The Joint Consultative Committee will also consider workplace changes and productivity improvements put forward by employees, Association/Unions or management.

 

17.2.4 The Joint Consultative Committee shall be required to meet on a regular basis, being no less often than four times per year.

 

17.3    A working committee will be established between the Trust and the Association/Unions to ensure the development of career paths, the acquisition of appropriate skills, competencies and qualifications of employees.

 

17.3.1 The working committee will comprise at least two employer representatives and at least two representatives nominated by the Association/Unions.

 

18.  Grievance Procedures

 

18.1    When any grievance or dispute arises at the workplace, the employee(s) concerned will take the matter up with their immediate supervisor. The supervisor is to be given the opportunity to investigate the matter and provide a response to the grievance or claim. The supervisor will advise the employee(s) concerned, within 24 hours of receiving the grievance, of the timetable for the resolution of the grievance. The grievance is to be resolved as soon as possible.

 

18.2    When any grievance or dispute arises in the workplace between the employee(s) and their immediate supervisor, or where the matter is of such a nature that direct discussion between the employee(s) and their immediate supervisor would not be appropriate, the employee(s) may notify the local manager, Association/Union or Association delegate, who will then take up the matter with the appropriate local manager.

 

18.3    If the matter has not been settled by the immediate supervisor or local manager, the party shall report the grievance in writing. If the party so requests, the matter will be discussed as soon as practicable between a representative of the Association/Union concerned and the General Manager or nominee.

 

18.4    If the matter remains unresolved, it may be referred by either party to the appropriate industrial tribunal.

 

18.5    Nothing contained in these procedures will preclude the Trust and Association/Union from entering into direct negotiations on any matter.

 

18.6    Whilst these procedures or negotiations are continuing, no stoppage of work or any other form of limitation of work shall be applied.

 

18.7    The parties reserve the right to vary this procedure where it is considered that an occupational health and safety factor is involved.

 

19.  Anti-Discrimination

 

19.1    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.

 

19.2    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.

 

19.3    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.

 

19.4    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.

 

19.5    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.

 

19.6    Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

19.7    Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

20.  Deduction of Union Membership Fees

 

20.1    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.

 

20.2    The union shall advise the employer of any change 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.

 

20.3    Subject to sub-clauses 20.1 and 20.2 of this clause, 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.

 

20.4    Monies so 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 employees' union membership accounts.

 

20.5    Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

20.6    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 be read as requiring the employee to make a fresh authorisation in order for such deductions to continue

 

21.  Area, Incidence and Duration

 

21.1    The purpose of this Award is to partially regulate the terms and conditions of employment of employees, as defined, who are either seconded by the Trust, or who are employed by the Trust.

 

21.2    Other terms and conditions, except as provided for within this Award, shall be those determined from time to time under the Government Sector Employment Act 2013, the Government Sector Employment Regulation 2014, in so much as they apply to employees of the Jenolan Caves Reserve Trust.

 

21.3    This Award shall replace the following instruments in so far as they apply to employees:

 

Overtime provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009

 

General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award

 

Crown Employees (General Staff - Salaries) Award 2007

 

Crown Employees (Skilled Trades) Award

 

21.4    This Award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Crown Employees (Jenolan Caves Reserve Trust Salaries Award 2016 published 21 October 2016 (380 I.G. 1021).

 

21.5    The changes made to the Award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of the New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 14 May 2020.

 

21.6    This Award remains in force until varied or rescinded, the period for which it was made having already expired.

 

SCHEDULE A

 

BASE SALARY LEVELS

 

The levels upon which the following base rates have been determined are in accordance with the competency descriptions set out in the attached Schedule B.

 

These rates will apply to all roles, and the basis for calculation of all full-time, part-time, casual, junior and apprentice rates of pay.

 

 

* Visitor Services Officer part-time works four days per week.  Base rate is 80 per cent of Level 1A base rate.

 

Junior Rates

 

Junior rates shall be paid at the following percentage of the annual salary for the role:

 

Under 17 years of age	80 per cent
Age 17 years	90 per cent

 

Apprentice Rates

 

Apprentice tradesperson shall be paid as follows:

 

(a)       the rates determined under any formal scheme of apprenticeship; or

 

(b)       the following percentage of the Level 2A, trades salaries, which shall be deemed to be inclusive of all penalties, trades allowances and annual leave loading:

 

1st Year	50%
2nd Year	65%
3rd Year	80%
4th Year	95%

 

whichever is appropriate in respect of Schedule C.

 

SCHEDULE B

 

COMPETENCY LEVELS

 

 

SCHEDULE C

 

LOADINGS

 

Visitor Services Employees

 

Loadings for Penalty Rates, Annual Leave Loading and Allowances (Refer to Sub-clause 7.2 of clause 7 - Loadings)

 

 

** Calculated on annual part-time rate of 80 per cent (four days per week) of Level 1A base rate.

 

Administrative Services Employees

 

Loadings for Annual Leave Loading and "On Call" Allowance

 

 

Rounding - The individual percentage loadings for weekend and public holiday penalty rates, leave loading, etc., and the various shift and trades allowances have been calculated to two decimal places.  When brought forward to this schedule, a "rounding-up" factor has been added to enable the final loading to be expressed to only one decimal place, each ending in either .0, .2, .4, .6 or .8 as shown in column 8 above. This principle will be applied when calculating the loading for any new or revised roles.

 

On the following pages, there is a detailed breakdown on the percentage loadings.

 

Supplementary Schedule C1 - Weekend and public holiday penalties, annual leave loading and compensation for Sundays and public holidays.

 

Supplementary Schedule C2 - Afternoon shift allowance, trades allowances, on-call allowance.

 

SUPPLEMENTARY SCHEDULE C1

 

Percentage Loadings for Penalties, Leave Loading and Compensation for Sundays and Public Holidays Worked

 

 

Visitor Services Officer part-time works seven days per fortnight, including weekends and public holidays.  Percentage loadings are to be applied to 70% of Level 1A base rate.

 

SUPPLEMENTARY SCHEDULE C2

 

Percentage Loadings for Leading Hand Afternoon Shift and Trades and On-Call Allowances

 

 

Visitor Services Officer part-time works seven days per fortnight, including weekends and public holidays.  Percentage loadings to be applied to 70 per cent of Level 1A base rate.

 

SCHEDULE D

 

Cash Allowances

 

SCHEDULE E

 

Other Casual Entitlements

 

(i)        Casual employees are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, Section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996.  The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996.

 

(a)       The Trust must not fail to re-engage a regular casual employee (see Section 53(2) of the Industrial Relations Act 1996) because:

 

(A)      the employee or employee’s spouse is pregnant; or

 

(B)      the employee is or has been immediately absent on parental leave.

 

The rights of the Trust in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(ii)      Personal Carers Entitlement for casual employees

 

(a)       Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in subclause (iii) below who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.  This entitlement is subject to the evidentiary requirements set out below in sub-clause (d), and the notice requirements set out in subclause (e).

 

(b)       The Trust and the casual 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 casual employee is not entitled to any payment for the period of non-attendance.

 

(c)       The Trust must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of the Trust to engage or not to engage a casual employee are otherwise not affected.

 

(d)       The casual employee shall, if required:

 

(A)      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

 

(B)      establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, a casual employee must not take carer’s leave under this sub-clause where another person had taken leave to care for the same person.

 

(e)       The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Trust of their inability to attend for duty.  If it is not reasonably practicable to inform the Trust during the ordinary hours of the first day or shift of such absence, the employee will inform the Trust within 24 hours of the absence.

 

(iii)     A family member for the purposes of paragraph (ii)(a) above is:

 

(a)       a spouse of the employee; or

 

(b)       a de facto spouse, being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or

 

(c)       a child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the employee or of the spouse or de facto spouse of the employee; or

 

(d)       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.

 

(iv)     Bereavement entitlements for casual employees

 

(a)       Casual 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 Trust).

 

(b)       The Trust and the casual 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 casual employee is not entitled to any payment for the period of non-attendance.

 

(c)       The Trust must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of the Trust to engage or not engage a casual employee are otherwise not affected.

 

(d)       The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Trust of their inability to attend for duty.  If it is not reasonably practicable to inform the Trust during the ordinary hours of the first day or shift of such absence, the employee will inform the Trust within 24 hours of the absence.

 

 

 

N. CONSTANT, Chief Commissioner

 

 

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Printed by the authority of the Industrial Registrar.