Crown Employees (Administrative and Clerical
Officers - Salaries) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 141229 of 2021)
|
Before Commissioner Sloan
|
16 September 2021
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Adjustment
of Salaries
5. Promotion
6. Calculation
of Service
7. Anti-Discrimination
8. Grievance and
Dispute Settling Procedures
9. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Title
This award will be known as the Crown Employees
(Administrative and Clerical Officers - Salaries) Award.
2. Definitions
"Employee" means a person employed in ongoing,
term, temporary, casual or other employment, or on secondment, in a Public
Service agency under the provisions of the Government Sector Employment Act
2013, who is appointed to a role classified under this award.
"Service" means continuous service.
"Agency" means a Public Service agency, as listed
in Schedule 1 of the Government Sector Employment Act 2013.
"Agency head" means a person who is the Secretary
of a Department or the head of another Public Service agency listed in Schedule
1 of the Government Sector Employment Act 2013.
"Industrial Relations Secretary" means the person,
within the meaning of the Government Sector Employment Act 2013,
who is for the purposes of any proceedings relating to Public Service employees
held before a competent tribunal having jurisdiction to deal with industrial
matters, taken to be the employer of Public Service employees.
"Association" means the Public Service Association
and Professional Officers Association Amalgamated Union of New South Wales.
3. Salaries
(a) The salary
rates for employees on the General Scale and on Grades 1 to 12 are set out in
Table 1 of Part B, Monetary Rates.
(b) An employee on
the General Scale qualified at Higher School Certificate standard at 19 years
of age is paid at not less than the amount set out in Table 1 - Salaries, for
Clerk General Scale Step 4.
(c) An employee on
the General Scale at 20 years of age is paid at not less than the amount set
out in Table 1 - Salaries, for Clerk General Scale Step 5.
(d) An employee on
the General Scale at 21 years of age is paid at not less than the amount set
out in Table 1 - Salaries, for Clerk General Scale Step 6.
(e) Roles are
classified within the General Scale and Grades 1 to 12 in accordance with the
classification and grading system approved by the Industrial Relations
Secretary.
(f) An employee
temporarily employed under the provisions of the Government Sector
Employment Act 2013 is paid the weekly equivalent of the annual salary
prescribed in Table 1.
(g) This award is
listed in Schedule A of the Crown Employees (Public Sector - Salaries 2021)
Award and salaries payable to employees shall be in accordance with that award
or any award replacing it. The rates set out at Part B, Table 1, of this award
are subject to the rates as set by the Crown Employees (Public Sector -
Salaries 2021) Award or any award replacing it.
4. Adjustment of
Salaries
The salaries of employees employed at the operative date of
this award are adjusted to the appropriate scale prescribed by the award on the
basis of years of service in role or grade. Employees are deemed to have the
years of service indicated by the salary received under the scale in force
immediately prior to the operative date of this award.
5. Promotion
Promotion to a grade and from grade to grade is subject to
the occurrence of a vacancy in such grade.
6. Calculation of
Service
In calculating years of service for the purpose of this
award the following periods are not taken into account:
(a) Any period in
respect of which an increment is refused in accordance with clause 14,
Increments, of the Government Sector Employment Regulation 2014;
(b) Any leave of
absence without pay exceeding five days in any incremental year;
(c) Any period
necessary to give full effect to a reduction in salary imposed under section 68
(Unsatisfactory performance of government sector employees) or section 69
(Misconduct - Public Service and other prescribed government sector employees)
of the Government Sector Employment Act 2013.
7. Anti-Discrimination
(a) 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.
(b) 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.
(c) 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.
(d) Nothing in this
clause is to be taken to affect:
(i) any
conduct or act which is specifically exempted from anti-discrimination
legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1977;
(iv) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(e) 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.
(i) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(ii) 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."
8. Grievance and
Dispute Settling Procedures
(a) All grievances
and disputes relating to the provisions of this award will initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
agency, if required.
(b) An employee is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
(c) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the employee to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the agency head or delegate.
(d) The immediate
manager, or other appropriate officer, will convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(e) If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager will respond within two (2) working days, or as soon as
practicable. The employee may pursue the sequence of reference to successive levels
of management until the matter is referred to the agency head.
(f) The agency head
may refer the matter to the Industrial Relations Secretary for consideration.
(g) If the matter remains
unresolved, the agency head will provide a written response to the employee and
any other party involved in the grievance, dispute or difficulty, concerning
action to be taken, or the reason for not taking action, in relation to the
matter.
(h) An employee, at
any stage, may request to be represented by the Association.
(i) The
employee or the Association on their behalf, or the agency head may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
(j) The employee,
Association, agency and Industrial Relations Secretary will agree to be bound
by any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
(k) Whilst the
procedures outlined in subclauses (a) to (j) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work will proceed in a
manner which avoids any risk to the health and safety of any employee or member
of the public.
9. Area, Incidence and
Duration
This award applies to employees defined in clause 2, Definitions.
Employees are entitled to the conditions of employment
provided by this award and by the Government Sector Employment Act 2013,
the Government Sector Employment Regulation 2014 and the Government Sector
Employment Rules 2014. The provisions of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009 and Crown Employees (Public
Sector - Salaries 2021) Award or any replacement awards, also apply to
employees covered by this award, except where specifically varied by this award.
The salary rates in Table 1 of Part B, Monetary Rates, are
set in accordance with the Crown Employees (Public Sector - Salaries 2021)
Award and any variation or replacement award.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Administrative and Clerical Officers - Salaries) Award published 1
May 2020 (387 I.G. 1018), as varied.
The changes made to the award pursuant to the Award Review
pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 17 September 2021.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
The salary rates are effective from the beginning of the first
pay period to commence on or after 1 July 2021.
|
Administrative and Clerical
Officer
|
|
Classification and Grades
|
Common
Salary
|
1.7.20
|
1.7.21
|
|
|
Point
|
Per
annum
|
Per
annum
|
|
|
|
0.3%
|
2.04%
|
|
|
|
$
|
$
|
|
Clerks General Scale
|
|
|
|
|
Clerks General Scale step 1
|
4
|
31460
|
32102
|
|
Clerks General Scale step 2
|
6
|
35702
|
36430
|
|
Clerks General Scale step 3 -
|
7
|
37949
|
38723
|
|
1st year of service or 18
years
|
|
|
|
|
Clerks General Scale step 4 -
|
9
|
43000
|
43877
|
|
Minimum for
|
|
|
|
|
- employee with Business
Administration Certificate III,
|
|
|
|
|
- Government Certificate III
or equivalent at 18 years of age
|
|
|
|
|
- employee with Higher School
Certificate qualification at 19 years of age
|
|
|
|
|
Clerks General Scale step 5 -
|
11
|
45899
|
46835
|
|
Minimum for:
|
|
|
|
|
- employee qualified at
Business Administration Certificate III, Government Certificate III or
equivalent and is qualified
|
|
|
|
|
at HSC standard at 17 years
of age
|
|
|
|
|
- employee 20 years of age
|
|
|
|
|
Clerks General Scale step 6 -
|
17
|
49470
|
50479
|
|
Minimum for employee 21 years
of age
|
|
|
|
|
Clerks General Scale step 7
|
20
|
50819
|
51856
|
|
Clerks General Scale step 8
|
23
|
52968
|
54049
|
|
Clerks General Scale step 9
|
25
|
53928
|
55028
|
|
Clerks General Scale step 10
|
28
|
55267
|
56394
|
|
Clerks General Scale step 11
|
32
|
57312
|
58481
|
|
Clerks General Scale step 12
|
36
|
59389
|
60601
|
|
Clerks General Scale step 13
|
40
|
61583
|
62839
|
|
Provided that officers who on
6th December 1979 were on 14th year of General Scale and paid a personal
allowance of
|
-
|
64216
|
65526
|
|
$417.00 p.a. in terms of
Circular No 202 of 1979 shall be paid by way of allowance above Step 13 of
the General Scale
|
|
|
|
|
Grade 1
|
|
|
|
|
1st year of service
|
46
|
64973
|
66298
|
|
Thereafter
|
49
|
66882
|
68246
|
|
Grade 2
|
|
|
|
|
1st year of service
|
52
|
68749
|
70151
|
|
Thereafter
|
55
|
70636
|
72077
|
|
Grade 3
|
|
|
|
|
1st year of service
|
58
|
72635
|
74117
|
|
Thereafter
|
61
|
74827
|
76353
|
|
Grade 4
|
|
|
|
|
1st year of service
|
64
|
77162
|
78736
|
|
Thereafter
|
67
|
79535
|
81158
|
|
Grade 5
|
|
|
|
|
1st year of service
|
75
|
85744
|
87493
|
|
Thereafter
|
78
|
88449
|
90253
|
|
Grade 6
|
|
|
|
|
1st year of service
|
82
|
91916
|
93791
|
|
Thereafter
|
85
|
94610
|
96540
|
|
Grade 7
|
|
|
|
|
1st year of service
|
88
|
97443
|
99431
|
|
Thereafter
|
91
|
100356
|
102403
|
|
Grade 8
|
|
|
|
|
1st year of service
|
95
|
104539
|
106672
|
|
Thereafter
|
98
|
107864
|
110064
|
|
Grade 9
|
|
|
|
|
1st year of service
|
101
|
111077
|
113343
|
|
Thereafter
|
104
|
114201
|
116531
|
|
Grade 10
|
|
|
|
|
1st year of service
|
108
|
118863
|
121288
|
|
Thereafter
|
111
|
122404
|
124901
|
|
Grade 11
|
|
|
|
|
1st year of service
|
116
|
128473
|
131094
|
|
Thereafter
|
120
|
133920
|
136652
|
|
Grade 12
|
|
|
|
|
1st year of service
|
126
|
142308
|
145211
|
|
Thereafter
|
130
|
148578
|
151609
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.