Crown Employees Sydney Living Museums (Gardens -
Horticulture and Trades Employees) Award 2016
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 180310 of 2021)
|
Before Commissioner Sloan
|
16 September 2021
|
REVIEWED
AWARD
Arrangement
PART
A
Clause
No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Conditions of Employment
5. Classification Standards
6. Progression
7. Appeals Mechanism
8. Grievance and Dispute Handling
Procedures
9. Anti-Discrimination
10. Deduction of Union Membership Fees
11. Consultative Committee
12. Area, Incidence and Duration
PART B
MONETARY RATES
Rates of Pay
PART A
1. Title
This Award will be
known as the Crown Employees Sydney Living Museums
(Gardens - Horticulture and Trades Employees) Award 2016.
2. Definitions
"Act"
means the Government Sector Employment
Act 2013.
"Association"
means the Public Service Association and Professional Officers’ Association
Amalgamated Unions of New South Wales.
"Broad Banded
role" means a role whose grading, skills and range of duties extends beyond
those defined for a single level and will occur in Levels 2 to 11 as determined
by the Executive Director.
"Employee"
means and includes all persons employed under the provisions of the Government Sector Employment Act 2013 as
varied.
"Executive Director"
means the Executive Director of the Sydney Living Museums.
"Skills"
means the appropriate qualifications, relevant experience/demonstrated ability
and completion of the training modules appropriate to each level or equivalent,
as determined by the Executive Director.
3. Salaries
The rates of pay for
employees are set out in Part B - Monetary Rates, of this Award and are set in
accordance with the Crown Employees (Public Sector - Salaries 2021) Award and
any variation or replacement award.
4. Conditions of Employment
All employees are
employed under the Act and conditions of employment will be in accordance with
the Act and Government Sector Employment Regulation 2014, the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 and the Crown
Employees (Public Sector - Salaries 2021) Award.
5. Classification Standards
5.1 For the purpose of this clause:
"Employee"
means and includes employees as defined in clause 2 and special job creation
and training program personnel.
"Supervision"
means, in addition to normal supervisory responsibilities, the assessment,
evaluation and training of employees and volunteers.
5.2 A role falling within the scope of this
Award will have assigned to it a classification level determined in accordance
with:
(a) the classification standards detailed
below; and
(b) where such a system has been implemented,
the accredited job evaluation.
5.3 The following classification levels will
apply:
Level 1
Roles
established at this level are to be used to accommodate employees employed for
limited periods of time on special training programs. An employee assigned to a
role established at Level 1 of this Award will:
(a) work under close direct supervision and
therefore will not be required to use individual judgement in following
direction; and
(b) have as a minimum, basic communication
skills and the ability required to:
(i) perform basic tasks, (such as digging and
weeding) using basic hand tools or equipment (such as spades and picks) for
which either no previous training or experience is required or for which no
detailed on the job training will be required; and
(ii) communicate with supervisors and other
employees.
(c) be prepared to undertake appropriate
introductory and non-technical training.
Level 2
An employee assigned to a role established at Level 2
of this Award will:
(a) work under general supervision and therefore
will not be required to exercise individual judgement in following direction;
and
(b) have completed the TAFE Horticultural
Skills 1 technical and the introductory non-technical training modules, or be
able to demonstrate equivalent prior learning, so that they have the basic
communication skills and other skills and relevant experience required to:
(i) perform basic work processes (such as
mowing, planting, trenching) using equipment requiring basic training (such as
brush cutters, cement mixers, power tools); and
(ii) communicate with supervisors and other
employees; and/or
(iii) communicate non-technical information to
the public.
Level 3
An employee
assigned to a role established at Level 3 of this Award will:
(a) work under minimal supervision and
therefore be required to exercise limited individual judgement in following
instructions; and
(b) have completed the TAFE Horticultural
Skills 2 technical training modules and fundamental non-technical training
modules, or be able to demonstrate equivalent prior learning and possess, if
required, a current Class C driver's licence, so that they have the basic
communication skills and other skills and relevant experience required to:
(i) perform work processes of limited
complexity (such as framework, concrete finishing, bitumening,
soil mixing, potting) using equipment of limited complexity (such as chainsaws,
soil mixing and pasteurising equipment, tractors, vehicles up to two tonnes,
ride-on mowers, street sweepers) requiring detailed training but not requiring
special licences; and
(ii) communicate with supervisors and other
employees; and/or
(iii) communicate non-technical information to
the public.
Level 4
An employee
assigned to a role established at Level 4 of this Award will:
(a) work under minimal supervision and
therefore be required to exercise independent judgement at a semi-trade level
or in routine security or law enforcement procedures; and
(b) have completed the TAFE Horticultural
Skills 3 technical and fundamental non-technical training modules, or be able
to demonstrate equivalent prior learning, and possess the special licences and
basic communication skills and other skills and relevant experience required
to:
(i) perform work processes at semi-trade
level (such as construction, stonework, pesticide spraying, garden bed
preparation); and/or
(ii) operate complex equipment requiring
special licences or certificates (such as trucks over two tonnes, front-end
loaders); and/or
(iii) perform routine security or law enforcement
procedures (such as locking and unlocking of buildings, general ground patrol,
cash escort); and
(iv) communicate with supervisors and other
employees and to pass on instructions to apprentices and/or to communicate
non-technical information to the public.
Level 5
An employee
assigned to a role established at Level 5 of this Award will:
(a) work under minimal supervision and
therefore be required to exercise independent judgement at trade level, or have
the ability to undertake management of a stores area, or in routine security or
law enforcement procedures; and
(b) have a recognised horticultural trades
certificate or equivalent and have completed the transitional non-technical
training modules, or be able to demonstrate equivalent prior learning and
possess the relevant licences, or have demonstrated experience in stock
control, purchasing procedures and management of government stores, so that
they have the developed communication and interpretation skills and other
skills and relevant experience required to:
(i) perform trade level horticultural duties;
and/or
(ii) maintain security or law enforcement in
low risk areas; and/or
(iii) manage a store of a park or garden; and/or
(iv) perform visitor service duties; and/or
(v) supervise apprentices and volunteers; and
(vi) communicate with supervisors and other
employees; and/or
(vii) assist in conducting a guided tour; and/or
(viii) communicate semi-technical information to the
public.
Level 6
The occupant of
a role established at Level 6 of this Award will:
(a) Work under minimal supervision and
therefore be required to exercise independent judgement at an advanced trade
level and exercise initiative with regard to matters of minor complexity; and
(b) Have a recognised horticultural or
carpentry trades certificate or equivalent and have completed the transitional
non-technical training modules, or be able to demonstrate equivalent prior
learning, so that they have the developed communication skills, interpretation
skills and other skills and relevant experience required to:
(i) Perform advanced trade level
horticultural duties (such as development of botanical collections including
detailed plant recording and documentation, field collection); or
(ii) Implement conditions of entry and liaise
with relevant outside bodies where the safety of people or property is at risk;
and/or
(iii) Supervise apprentices, volunteers and/or
other employees; and
(iv) Communicate with supervisors and other
employees; and/or
(v) Conduct a guided tour; and/or
(vi) Communicate semi-technical information and
specific property interpretation to the public.
Level 7
An employee assigned
to a role established at Level 7 of this Award will:
(a) work independently on assigned specialist
work and/or lead a small work team on assigned work and therefore be required
to exercise independent judgement and to be accountable for work performance;
and
(b) have a recognised horticultural trades
certificate and have completed the intermediate non-technical training modules,
or be able to demonstrate equivalent prior learning, so that they have the
skills and relevant supervisory experience required to:
(i) manage a small specialist plant
collection or work area (specialising in fields such as security or law
enforcement procedures, interpretation, or recreation planning, management of a
store of a large park or garden) as an individual or as the team leader of a
small team of employees (normally less than 6 employees) supervising and
training employees; and
(ii) be accountable for completion of work to
agreed standards; and/or
(iii) solve technical problems of limited
complexity; and
(iv) document and communicate technical data and
information to other employees and/or the public;
(v) participate in the development of tours
or talks in conjunction with other relevant employees;
(vi) present tours or talks to the public and/or
specialist groups.
Level 8
An employee
assigned to a role established at Level 8 of this Award will:
(a) work independently on assigned specialist
work and/or lead a work team on assigned work and therefore be required to
exercise independent judgement and to be accountable for work performance; and
(b) have a recognised horticultural trades
certificate and have completed the intermediate non-technical training modules,
or be able to demonstrate equivalent prior learning, or have demonstrated
experience in running a store of a large park or garden, so that they have the
skills and relevant supervisory experience required to:
(i) manage a specialist garden or work area (specialising
in fields such as security or law enforcement, interpretation, or recreation
planning, manage a store in a large park or garden) as an individual or as the
leader of a team of employees (normally more than 5 employees) supervising and
training employees; and
(ii) be accountable for completion of work to
agreed standards and/or
(iii) solve technical problems of some
complexity; and
(iv) develop and present tours or talks as a
representative of the organisation; and
(v) document and communicate technical data
and information to fellow employees and/or the public.
Level 9
An employee
assigned to a role established at Level 9 of this Award will:
(a) work independently on assigned specialist
work programs or projects or manage a small number (normally up to four) of
work teams; and
(b) exercise independent judgement in areas of
management and/or technical expertise; and
(c) have a recognised horticultural trades
certificate (or a recognised qualification such as interpretation or recreation
planning or security) and have completed the advanced non-technical training
modules, or be able to demonstrate equivalent prior learning, so that they have
the high level of technical and/or organisational and project co-ordination and
well developed supervisory skills and relevant experience required to:
(i) manage works programs or projects; and
(ii) supervise employees; and
(iii) be accountable for completion of work to
agreed standards, time frames and budgets; and
(iv) provide advice on technical matters and/or
communicate technical information to the public; and fellow employees; and.
(v) develop and present specialist tours, talks
or programs for the public and/or for outside groups/organisations.
Level 10
An employee
assigned to a role established at Level 10 of this Award will:
(a) work independently on assigned specialist
work programs or projects or manage several (normally up to five or more) work
teams; and
(b) exercise independent judgement in areas of
management and/or technical expertise; and
(c) have a recognised horticultural trades
certificate or equivalent (or a recognised qualification such as interpretation
or recreation planning or security) and have completed the advanced
non-technical training modules, or be able to demonstrate equivalent prior
learning, so that they have the high level technical, organisational and
project co-ordination and well developed supervisory skills required to:
(i) manage works programs or projects; and
(ii) supervise employees; and
(iii) be accountable for completion of work of
technical complexity to agreed standards, time frames and budgets; and
(iv) provide advice on technical matters and/or
communicate technical information to the public, fellow employees and outside
specialist bodies.
Level 11
An employee assigned
to a role established at Level 11 of this Award will:
(a) work independently developing and
implementing specialist projects or programs and/or manage a number of
specialists or work teams; and
(b) exercise independent judgement in areas of
management and/or technical expertise; and
(c) have a recognised horticultural trades
certificate or equivalent (or a recognised qualification, such as interpretation
or recreation planning or security) and have completed the advanced
non-technical training modules, or be able to demonstrate equivalent prior
learning, so that they have the high level technical skills and knowledge and
high level works organisation and management skills and relevant experience
required to:
(i) manage major projects or programs,
developing and co-ordinating works programs and schedules; and
(ii) supervise employees; and
(iii) be accountable for meeting agreed
standards, time frames and budgets; and
(iv) provide advice on technical matters and/or
communicate technical information to the public, peers, other employees and
outside specialist bodies.
6. Progression
6.1 Appointment to a vacant role, other than
progression through broad-banded roles, will be by merit selection.
6.2 Progression through levels where there are
broad-banded roles established within Levels 2 to 11, will be subject to
satisfactory conduct and performance and the employee acquiring the skills and
demonstrating the ability to perform the tasks defined for the next level and
where those tasks are required to be performed.
6.3 The assessment of the suitability of an
employee to progress to the next level within an established broad banded role
will normally be undertaken one month prior to the anniversary of the
employee's assignment to Year 2 salary rate of their current level. The
employee may also make application for progression at any other time at the
discretion of the Executive Director. The initial assessment will be made by
the employee’s supervisor and forwarded to the Executive Director or another
member of the Executive for approval.
6.4 Progression from Year 1 to Year 2 within
levels will be by way of an annual increment.
It is subject to satisfactory conduct and performance, as certified by
the employee's supervisor and approval by the Executive Director or the
Executive Director's nominee. The assessment of the employee's suitability for
incremental progression will normally be undertaken one month prior to the
anniversary of their assignment to their current level. The employee must be
promptly notified in writing by the Executive Director or the Executive
Director's nominee of any decision to defer payment of an increment.
6.5 An employee will have the right of
internal appeal to the Executive Director on progression matters through the
established grievance procedures as set out in clause 7 - Appeals Mechanism.
6.6 Nothing in this clause will preclude an
employee from exercising their right of an external appeal to the NSW
Industrial Relations Commission.
7. Appeals Mechanism
7.1 An employee of Sydney Living Museums will
have the right to appeal any decision made by their Agency in relation to their
performance assessment review or in relation to promotion on merit from one
level to another where this is available under the provision of this Award.
7.2 An employee must submit a written submission
outlining their case to the Executive Director within twenty-eight (28) days of
the decision being appealed.
7.3 The Executive Director will constitute an
Appeals committee made up of one (1) management representative, one (1)
relevant Public Service Association representative and one (1) peer who is
acceptable to both Management and the Association.
7.4 The appeal must be heard within
twenty-eight (28) days of it being lodged and the recommendation of the
committee will be forwarded to the Executive Director.
7.5 The decision of the Executive Director
will be forwarded to the employee concerned within seven (7) days of the appeal
being heard.
7.6 The appeals mechanism will not cover
matters that are dealt with by the NSW Industrial Relations Commission.
8. Grievance and Dispute Handling
Procedures
8.1 The aim of this Procedure is to ensure
that, during the life of this Award, industrial grievances or disputes are
prevented, or resolved as quickly as possible, at the level at which they occur
in the workplace. For the purpose of
this Procedure, industrial grievances are distinguished from a grievance dealt
with under public sector grievance handling procedure (e.g. complaints or
discrimination).
8.2 In the first instance, the employee/employees
will notify (in writing or otherwise) the immediate supervisor, or other
appropriate person, as to the substance of the grievance/dispute, request a
bilateral meeting to discuss it, and state the remedy sought.
8.3 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 Executive Director or delegate.
8.4 The immediate supervisor, or other
appropriate employee will convene a meeting in order to resolve the
grievance/dispute within 48 hours (two (2) working days), or as soon as
practicable, of the matter being brought to attention.
8.5 If the matter remains unresolved, the
matter will be further discussed by the employee/employees and, at their
request, the appropriate union delegate, the immediate supervisor, the
supervisor's manager, and a more senior management representative. This should
take place within 48 hours of the completion of step 8.4
8.6 If the matter remains unresolved and the
employee/employees is/are union members, it should be discussed/ negotiated
between representatives of the State Branch of the union(s) concerned, and
relevant senior management of the employer. These actions should take place as
soon as it is apparent that the earlier discussions will not resolve the
grievance/dispute. In addition, in the case of a grievance, if the matter has
not been resolved at the conclusion of this stage of discussions, the employer
must provide a written response to the grievance, including reasons for not
implementing any proposed remedy.
8.7 A matter relating to the conditions of
employment fixed by this Award may be submitted by one or the other of the
parties when all other steps 8.2 to 8.5 above, have been exhausted, to the
relevant industrial tribunal which may exercise its functions under the Industrial Relations Act 1996.
8.8 Where the issue in dispute relates to a
change of work or management practice, the pre-existing practice will be
allowed to continue until the issue has been finally resolved. Neither party
will be prejudiced as to the final settlement by the continuance of work in
accordance with this sub-clause.
9. Anti-Discrimination
9.1 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.
9.2 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.
9.3 Under the Anti-Discrimination Act 1977 it is unlawful to victimise an
employee because they have made or may make or have been involved in a
complaint of unlawful discrimination or harassment.
9.4 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.
9.5 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.
9.6 Employers and employees may also be
subject to Commonwealth anti-discrimination legislation.
9.7 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."
10. Deduction of Union Membership Fees
(a) The Association will provide the Trust
with a schedule setting out union fortnightly membership fees payable by
members of the union in accordance with the Association's rules.
(b) The Association will advise the Trust of
any change to the amount of fortnightly membership fees made under its rules. Any
variation to the schedule of Association fortnightly membership fees payable
will be provided to the Trust at least one month in advance of the variation
taking effect.
(c) Subject to (a) and (b) above, the Trust
will deduct Association fortnightly membership fees from the pay of any
employee who is a member of the Association in accordance with the
Association's rules, provided that the employee has authorised the Trust to
make such deductions.
(d) Monies so deducted from employee's pay
will be forwarded regularly to the Association together with all necessary
information to enable the Association to reconcile and credit subscriptions to
employees' union membership accounts.
(e) Unless other arrangements are agreed to
by the Association and the Trust, all union membership fees will be deducted on
a fortnightly basis.
(f) Where an employee has already authorised
the deduction of union membership fees from their pay prior to this clause
taking effect, nothing in this clause will be read as requiring the employee to
make a fresh authorisation in order for such deductions to continue.
11. Consultative Committee
11.1 The Sydney Living Museums’ Employee and
Management Participation and Advisory Committee and the Joint Consultative
Committee (JCC) will be used to monitor the implementation of this Award.
11.2 The Employee and Management Participation
and Advisory Committee consists of, amongst other employees and management
representatives, a representative of senior management and the Association
delegate.
12. Area, Incidence and Duration
12.1 This Award will apply to Horticultural and
Trades employees of the Sydney Living Museums in the Department of Premier and
Cabinet.
12.2 This award is made following a review under
section 19 of the Industrial Relations
Act 1996 and rescinds and replaces the Crown
Employees Sydney Living Museums (Gardens - Horticulture and Trades Employees)
Award 2016 published 15 May 2020 (388 I.G. 272),
as varied.
12.3 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.
12.4 This award remains in force until varied or
rescinded, the period for which it was made having already expired.
PART B
MONETARY RATES
Effective from the first
pay period commencing on or after 1 July 2021.
|
Horticultural/Trades Officer
|
Existing Rates of Pay
|
Rates of Pay as at the first full pay
period
|
|
|
as at 01.07.20
|
on or after 01.07.21
|
|
|
Per Annum
|
Per Annum
|
|
|
0.3%
|
2.04%
|
|
|
$
|
$
|
|
Level One
|
47,704
|
48,677
|
|
Level Two Year 1
|
52,968
|
54,049
|
|
Level Two Year
thereafter
|
54,367
|
55,476
|
|
|
|
|
|
Level Three Year 1
|
56,312
|
57,461
|
|
Level Three Year
thereafter
|
58,318
|
59,508
|
|
|
|
|
|
Level Four Year 1
|
60,454
|
61,687
|
|
Level Four Year
thereafter
|
62,274
|
63,544
|
|
|
|
|
|
Level Five Year 1
|
64,478
|
65,793
|
|
Level Five Year
thereafter
|
66,201
|
67,552
|
|
|
|
|
|
Level Six Year 1
|
68,057
|
69,445
|
|
Level Six Year
thereafter
|
69,942
|
71,369
|
|
|
|
|
|
Level Seven Year 1
|
71,926
|
73,393
|
|
Level Seven Year
thereafter
|
74,077
|
75,588
|
|
|
|
|
|
Level Eight Year 1
|
76,420
|
77,979
|
|
Level Eight Year
thereafter
|
79,535
|
81,158
|
|
|
|
|
|
Level Nine Year 1
|
82,653
|
84,339
|
|
Level Nine Year
thereafter
|
85,744
|
87,493
|
|
|
|
|
|
Level Ten Year 1
|
88,449
|
90,253
|
|
Level Ten Year
thereafter
|
90,933
|
92,788
|
|
|
|
|
|
Level Eleven Year
1
|
98,423
|
100,431
|
|
Level Eleven Year
thereafter
|
104,539
|
106,672
|
Apprentice
Gardeners will be paid a percentage of the rate of pay applicable to Level
Five, year 1:
|
Year One
|
=
|
45%
|
|
Year Two
|
=
|
60%
|
|
Year Three
|
=
|
75%
|
|
Year Four
|
=
|
85%
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.