Crown Employees (Chief Education Officers -
Department of Education) Salaries and Conditions Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Department of Education.
(Case No. 355020 of 2020)
|
Before Chief Commissioner Constant
|
19 January 2021
|
AWARD
PART A
Clause No. Subject
Matter
1. Arrangement
2. Purpose
and Principles of this Award
3. Definitions
4. Qualifications
5. Salaries
and Other Remuneration
6. Conditions
of Employment
7. Recreation
Leave
8. Deferred
Salary Scheme
9. Performance
Management and Professional Development
10. Mobility
Provisions
11. Technological
Change
12. Dispute
Resolution Procedures
13. Duties as
Directed
14. Right of
Return of Permanent Officers Temporarily Appointed to Chief Education Officer
Positions
15. No Further
Claims
16. Anti-Discrimination
17. Work,
Health and Safety
18. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salary Scale
2. Purpose and
Principles of This Award
2.1 This award
establishes the conditions of employment, including salaries, of chief
education officers.
2.2 The parties to
this award are the Department and the ISEA.
2.3 The parties will
support chief education officers by:
(a) providing clear lines of communication on matters affecting
individuals and their work;
(b) developing individual and collective talents;
(c) promoting co-operation and teamwork;
(d) recognising individual and team contributions; and
(e) promoting career planning and development.
2.4 This award aims
to assist the Department and chief education officers in pursuing the goal of
continuous improvement by:
(a) supporting schools in carrying out the government agenda;
(b) facilitating teaching and learning processes which will
improve student opportunities and outcomes;
(c) improve organisation-wide productivity and efficiency;
(d) assisting and accelerating cultural change in the workplace
towards greater participation and flexibility;
(e) promoting better and more satisfying jobs;
(f) developing and
pursuing constructive changes aimed at improving teaching and learning in
schools on a co-operative, continuing basis by using a consultative approach;
(g) maintaining essential standards of employment conditions;
(h) providing certainty, stability and equity in salaries and
conditions arrangements for the period of the award;
(i) laying
a foundation for further workplace improvement through a commitment to improved
teaching and learning in schools, greater customer focus and commitment to
quality service and to joint development of performance measures;
(j) enhancing the opportunities of chief education officers for
career progression and mobility; and
(k) improving the effectiveness of the Department.
3. Definitions
3.1 "Act"
means the Teaching Service Act 1980.
3.2 "Chief
Education Officer" means a person appointed as such by the Secretary under
the Act.
3.3 "Department"
means the Department of Education.
3.4 "Industrial
Relations Commission" means the Industrial Relations Commission of New
South Wales, established by the Industrial
Relations Act 1996.
3.5 "ISEA"
means the Institute of Senior Educational Administrators of New South Wales.
3.6 "Officer"
means and includes all persons permanently or temporarily employed in the
Teaching Service under the provisions of the Act.
3.7 "Parties"
means the Department and the ISEA.
3.8 "Secretary"
means the Secretary, Department of Education.
4. Qualifications
4.1 The parties
agree that the qualification requirements of positions should accurately
reflect their requirements and should conform with
equal employment opportunity principles.
4.2 The position
criteria for future vacant chief education officer positions will, in the main,
reflect the need for relevant educational experience.
4.3 Qualifications
for appointment as a chief education officer will be as determined by the
Secretary.
5. Salaries and Other
Remuneration
5.1 Except as
otherwise provided in subclause 5.5 of this clause, chief education officers
must be employed at an annual salary not less than that for the classifications
as set out in Table 1 - Salary Scale, of Part B, Monetary Rates.
5.2 Subject to the
provisions of the Act and to the regulation made thereunder, chief education
officers covered by this award will be paid the salary as set out in the said
Table 1.
5.3 The salaries
payable in Table 1 include remuneration of all incidents of employment other
than:
(a) annual leave loading;
(b) travel or subsistence or motor vehicle allowances;
(c) allowances in relation to relocation expenses; and
(d) climatic living and disability (Broken Hill) allowances.
5.4 Persons
appointed as chief education officers subsequent to the making of this award
will be appointed to the appropriate salary level based on their background,
experience and, where applicable, previous salary level.
5.5 Chief education
officers not on salary level 3 shall be entitled to progress to a higher level
of salary after each 12 months of service subject to satisfactory performance.
5.6 Salary packaging
For the purposes of this clause "salary"
means the salary or rates of pay prescribed by Part B, Table 1 of this award
and superable allowances.
5.6.1 An employee may,
by agreement with the employer, enter into a salary packaging arrangement
including salary sacrifice of superannuation where they may convert up to 100%
of their salary to other benefits.
Any pre-tax and post-tax payroll deductions must be
taken into account prior to determining the amount of salary available to be
packaged. Such payroll deductions may include but are not limited to,
compulsory superannuation payments, HECS payments, child support payments,
judgment debtor/garnishee orders, union fees, health fund premiums.
5.6.2 The terms and
conditions of the salary packaging arrangement, including the duration as
agreed between the employee and employer, will be
provided in a separate written agreement, in accordance with the Department’s
salary packaging guidelines. Such agreement must be made prior to the period of
service to which the earnings relate.
5.6.3 Salary packaging
must be cost neutral for the employer. Employees must reimburse the employer in
full for the amount of:
5.6.3.1 any fringe benefits tax liability arising from a salary
packaging arrangement; and
5.6.3.2 any administrative fees.
5.6.4 Where the
employee makes an election to salary package the following payments made by the
employer in relation to an employee shall be calculated by reference to the
annual salary which the employee would have been entitled to receive but for
the salary packaging arrangement:
5.6.4.1 Superannuation
Guarantee Contributions;
5.6.4.2 any salary-related payment including but not limited to
allowances and workers compensation payments; and
5.6.4.3 payments made in relation to accrued leave paid on
termination of the employee’s employment or on the death of the employee.
6. Conditions of
Employment
6.1 The provisions
of this award prevail over any award, industrial agreement, public sector
agreement, determination under the Teaching
Service Act 1980 or award of the Industrial Relations Commission which deal
with the same matters in so far as they purport to apply to a chief education
officer bound by this award.
6.2 Chief education
officers will have access to working hours consistent with the flexible working
hours conditions as provided for in clause 21 of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009 Published 21 October 2016
(380 I.G. 1292), excluding the local arrangements that apply in the Department,
subject to operational requirements and departmental convenience.
6.3 Deduction of
Association Membership Fees.
6.3.1 The ISEA shall
provide the employer with a schedule setting out ISEA fortnightly membership
fees payable by members of the ISEA in accordance with ISEA’s rules.
6.3.2 The ISEA shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of ISEA fortnightly membership fees payable shall be provided to
the employer at least one month in advance of the variation taking effect.
6.3.3 Subject to 6.3.1
and 6.3.2 above, the Department shall deduct ISEA fortnightly membership fees
from the pay of any employee who is a member of the ISEA in accordance with the
ISEA’S rules, provided that the employee has authorised the Department to make
such deductions.
6.3.4 Monies so
deducted from employees’ pay will be forwarded regularly to the ISEA together
with all necessary information to enable the ISEA to reconcile and credit
subscriptions to employees’ ISEA membership accounts.
6.3.5 Unless other
arrangements are agreed to by the Department and the ISEA, all ISEA membership
fees shall be deducted on a fortnightly basis.
6.3.6 Where an employee
has already authorised the deduction of ISEA 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.
7. Recreation Leave
7.1 Chief education
officers are entitled to four weeks recreation leave per annum.
7.2 Recreation leave
will be taken at a time and for a period agreed between the chief education officer
and the supervisor.
7.3 Payment will be
made at the chief education officer’s salary rate at that time.
8. Deferred Salary
Scheme
8.1 The Department’s
deferred salary scheme provides chief education officers with an opportunity to
take a year away from work for professional development and other experience
such as industry experience, post graduate study, working in overseas education
and training systems or other activities.
8.2 Under the
deferred salary scheme, chief education officers are able to defer 20 per cent
of their salary for the first four years and be paid the deferred salary in the
fifth year whilst on leave.
9. Performance
Management and Professional Development
9.1 The performance
of chief education officers will be reviewed in accordance with the
Department’s performance management and development scheme.
9.2 The parties
confirm a commitment to professional and career training and development for
chief education officers and to their obligation to maintain and update their
professional skills for the benefit of students, staff and the Department.
9.3 The Department
is committed to providing access to and support for professional, management
development and technological training, and to enhance the career mobility of
chief education officers.
9.4 Where the chief
education officer is required to undertake a professional development activity
by the Department, the compulsory fees involved will be met by the Department.
Where the professional development activity is voluntary, the Department may,
at its discretion, refund all or part of the compulsory fees incurred by chief
education officers approved to undertake such training and professional
development programs.
10. Mobility
Provisions
10.1 The parties agree
to develop and implement strategies to enhance the mobility between chief
education officers and senior administrators in the Department.
11. Technological
Change
11.1 The ISEA agrees
to support the implementation of the Department’s Technology Strategy.
11.2 The Department
will assist chief education officers in meeting the demands of the Department’s
technology strategy by providing access to equipment and professional
development opportunities designed to increase chief education officers’
efficiency and productivity.
12. Dispute Resolution
Procedures
12.1 Subject to the
provisions of the Industrial Relations
Act 1996, should any dispute (including a question or difficulty) about an industrial matter arise, then the following procedure
shall apply.
12.1.1 Should any
dispute, question or difficulty arise as to matters occurring in a particular
workplace, then the chief education officer will raise the dispute, question or
difficulty with the supervisor as soon as practicable.
12.1.2 The supervisor
will discuss the matter with the chief education officer within two working
days with a view to resolving the dispute, question or difficulty or by
negotiating an agreed method and timeframe for proceeding.
12.1.3 Should the above
procedure be unsuccessful in producing a resolution of the dispute, question or
difficulty or should the matter be of a nature which involves multiple
workplaces, then the chief education officer may raise the matter with an
appropriate officer of the Department with a view
to resolving the dispute,
question or difficulty or negotiating an agreed method and timeframe for
proceeding.
12.1.4 Where the
procedures in paragraph 12.1.3 of this subclause do not lead to resolution of
the dispute, question or difficulty, the matter will be referred to the Deputy
Secretary and the Secretary of the ISEA. They or their nominees will discuss
the dispute, question or difficulty within five working days with a view to
resolving the matter by negotiating an agreed method and timeframe for
proceeding.
12.1.5 Should the above
procedures not lead to resolution then either party may make application to the
Industrial Relations Commission of New South Wales.
13. Duties as Directed
13.1 The Secretary,
delegate, nominee or representative may direct a chief education officer to
carry out such duties as are within the limits of the chief education officer’s
skills, competence and training, provided that such duties do not promote
deskilling.
13.2 The Secretary may
determine the location at which such duties will be carried out.
13.3 Any direction
issued by the Secretary pursuant to subclauses 13.1 and 13.2 of this clause
shall be consistent with the Secretary’s responsibility to provide a safe,
healthy working environment.
14. Right of Return of
Permanent Officers Temporarily Appointed to Chief Education Officer Positions
14.1 A permanent
officer of the Department temporarily appointed to a chief education officer
position for a period not exceeding twelve consecutive months will have right of
return to their substantive position in the Department at the conclusion of the
temporary appointment.
14.2 A permanent
officer of the Department temporarily appointed to or acting in a chief
education officer position for a period exceeding 12 consecutive months will
have right of return to a position of equivalent salary and status as the
substantive position occupied prior to the temporary appointment or acting
arrangement.
15. No Further Claims
15.1 Except as
provided by the Industrial Relations Act
1996, prior to 31 December 2021, there shall be no further claims by the
parties to this award for changes to salaries, rates of pay, allowances or
conditions of employment in relation to matters expressly contained in this
Award.
16. Anti-Discrimination
16.1 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.
16.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed in clause 12, 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.
16.3 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.
16.4 Nothing in this
clause is to be taken to affect:
any conduct or act which is
specifically exempted from anti-discrimination legislation;
offering or providing junior
rates of pay to persons under 21 years of age;
any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977, or
a party to this award from
pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
16.5 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.
17. Work, Health and
Safety
17.1 For the purposes of
this subclause, the following definitions shall apply:
17.1.1 A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
17.1.2 A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit 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 other employer which might otherwise have been carried out by that 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 employer's premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
17.2.1 consult
with employees of the labour hire business and/or contract business regarding
the workplace occupational health and safety consultative arrangements;
17.2.2 provide employees
of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
17.2.3 provide employees
of the labour hire business and/or contract business with appropriate personal
protective equipment and/or clothing and all safe work method statements that
they would otherwise supply to their own employees; and
17.2.4 ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
17.3 Nothing in this
subclause (a) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
18. Area, Incidence
and Duration
18.1 This award covers
all chief education officers employed by the Department under the Act.
18.2 This award
replaces and rescinds the Crown Employees (Chief Education Officers -
Department of Education) Salaries and Conditions Award 2020 published 8 May
2020 (387 I.G. 1060).
18.3 This award shall
commence on and from 1 January 2021 and remains in force until 31 December
2021.
PART B
MONETARY RATES
Table 1 - Salary Scale
|
Chief Education
Officer
|
Salary
from first pay period on or after 1.1.2021
|
|
|
$
|
|
Increase
|
0.3%
|
|
Level 3
|
182,163
|
|
Level 2
|
174,661
|
|
Level 1
|
162,154
|
N. CONSTANT, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.