Crown Employees (Department of Planning, Industry and Environment) Wages Staff Award 2021

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Construction, Forestry, Maritime, Mining and Energy Union (New South Wales Branch), Industrial Organisation of Employees.

 

(Case No. 192069 of 2021)

 

 

AWARD

 

PART A

 

1.  Arrangement of Award

 

Clause No.        Subject Matter

 

PART A

 

1.        Arrangement of Award

2.        Definitions

3.        Parties

4.        Incidence and Period of Operation

5.        Workplace Reform

6.        Categories of Employment

7.        Rates of Pay

8.        Allowances

9.        Pay Arrangements

10.      Hours of Work

11.      Overtime

12.      Career Development and Training

13.      Rostered Days Off

14.      Performance Management

15.      Relocation Package

16.      Leave

17.      Grievance and Dispute Resolution

18.      Anti-Discrimination

19.      Consultative Arrangements

20.      Workplace Representatives

21.      Deduction of Union Subscriptions

22.      Private Use of Business Vehicles

23.      Relationship to Awards, Agreements etc.

24.      Award Safety Net

25.      Leave Reserved

26.      Assistance with Public Transport

27.      No Extra Claims

 

Appendix One - Definition, Scope of Work, Level of Skill and Quality, Safety and General Responsibilities of Staff Members

Appendix Two - Apprentices

Appendix Three - Competency Based Promotion

 

PART B - RATES, AND ALLOWANCES

 

RATES

 

Table 1A - Wages Classification and Salary Schedules

Table 1B - Survey and Spatial Classification and Salary Schedule

Table 1C - Apprentices Classification and Salary Schedule

Table 2A - Wage Related Allowances

Table 2B - Expense Related Allowances

 

2.  Definitions

 

2.1      "Department" and "employer" means the NSW Department of Planning, Industry and Environment.

 

2.2      "Secretary" means the Secretary of the NSW Department of Planning, Industry and Environment.

 

2.3      "Wages Staff", "staff" "staff member" and "employee" means a person engaged under the terms and conditions of this award by the Department.

 

2.4      "Award" means any award made pursuant to the provisions of the Industrial Relations Act 1996.

 

2.5      "Industrial Agreement" means any Industrial Agreement made pursuant to the provisions of the Industrial Relations Act 1996, filed with the Industrial Registrar.

 

2.6      "Enterprise Agreement" means an Agreement made pursuant to Section 29 of the Industrial Relations Act 1996.

 

2.7      "Union" means the:

 

The Construction, Forestry, Mining and Energy Union (Construction and General Division) NSW Divisional Branch;

 

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division, NSW Branch

 

Electrical Trades Union of Australia, New South Wales Branch;

 

The Australian Workers' Union, New South Wales;

 

having regard to their respective coverage.

 

2.8      "WH&S" means work, health and safety as defined by the Work, Health and Safety Act 2011 (NSW).

 

3.  Parties

 

3.1      This Award has been made pursuant to Section 10 of the Industrial Relations Act 1996 by the following parties:

 

NSW Department of Primary Planning, Industry and Environment.

 

Industrial Relations Secretary

 

Construction, Forestry, Mining and Energy Union

 

(Construction and General Division) NSW Divisional Branch

 

Plumbers Union NSW

 

Electrical Trades Union of Australia, New South Wales Branch

 

The Australian Worker’s Union, New South Wales

 

4.  Incidence and Period of Operation

 

4.1      This Award will apply to all existing and future wages employees in the Department, engaged under this award.  Such employees are deployed throughout the State of New South Wales as required by the Department to meet client service obligations.

 

4.2      This award shall take effect on 1 July 2021 and remains in force until 30 June 2022 or until varied or rescinded.

 

4.3      The contents of this Award may be varied in accordance with Section 17 of the Industrial Relations Act 1996.

 

4.4      This award rescinds and replaces the Crown Employees (Department of Planning, Industry and Environment) Wages Staff Award 2020 published 26 February 2021 (389 I.G. 239).

 

5.  Workplace Reform

 

5.1      The parties to this Award agree that the process of continual improvement and workplace reform will continue in order to achieve the business objectives of the Department.

 

5.2      Workplace Reform includes:

 

5.2.1   consultation with the parties on implementation.

 

5.2.2   ensuring equal employment opportunity and recognition of merit.

 

5.2.3   an emphasis on developing conceptual and strategic skills, focusing on value-adding activities.

 

5.2.4   the redesign of jobs and multi skilling initiatives following the implementation of the Department’s wage structure.

 

5.2.5   the elimination of artificial barriers in career paths and provision of relevant supervisory and managerial training.

 

5.2.6   benchmarking against comparative private sector organisations.

 

5.2.7   making changes to working arrangements through consultation and cooperation.

 

5.2.8   workplace communication to ensure there is a clear and common understanding of Department’s objectives.

 

5.2.9   innovation and risk taking, within a clearly defined framework of accountability and ethical behaviour.

 

6.  Categories of Employment

 

6.1      The usual basis for the engagement of an employee covered by this Award is as an ongoing employee, unless the employee is engaged:

 

6.1.1   for a specified term ("temporary employee"); or

 

6.1.2   for the duration of a specified task ("temporary employee"); or

 

6.1.3   for duties that are irregular, intermittent, short-term, urgent or other work as and when required ("casual employee").

 

6.2      A person may be engaged as an employee on a full-time or part-time basis.

 

6.3      At the time of engagement the employer will inform each employee in writing of the conditions of engagement, including:

 

6.3.1   the type of employment;

 

6.3.2   whether a probationary period applies and, if so, the expected duration of the period;

 

6.3.3   whether there are any citizenship or residency requirements that apply to the position;

 

6.3.4   whether there are any formal qualifications or security, health or other clearances that are requirements of the position;

 

6.3.5   if the person is engaged for a specified term, the relevant reason or purpose and the specified term;

 

6.3.6   if the person is engaged for the duration of a specified task, the task in relation to which the person has been engaged and the estimated duration of the task; and

 

6.3.7   a list of the main instruments governing the terms and conditions of their employment.

 

6.4      Employees in any classification may be employed as regular part-time employees for an agreed number of regular hours per week, which is less than the ordinary hours of duty specified in this Award. Regular part-time employees will receive, on a pro rata basis, equivalent pay and conditions to those of a full-time employee. In relation to expense related allowances, the employee will receive entitlements specified in the relevant clauses of this Award.

 

6.5      Proposals for part-time employment may be initiated by the employer for operational reasons or by an employee for personal reasons. No pressure will be exerted on full-time employees to convert to part-time employment or to move to other duties to make way for part-time employment.

 

6.6      Where a proposal is initiated by an employee, the employer will have regard to the personal reasons put by the employee in support of the proposal and to operational requirements.

 

6.7      The written agreement of a full-time employee will be obtained before the employee's hours are varied.

 

7.  Rates of Pay

 

7.1      The classifications and salary rates are set out in Table 1A - Wages Classification and Salary Schedules of this Award.

 

7.2      The Definition, Scope of Work, Level of Skill and Quality, Safety and General Responsibilities for each level is detailed in the 12 Level classification structure, set out at Appendix 1.

 

7.3      Progression from Level 6 to Level 7 and from Level 10 to Level 11 shall be on the basis of satisfactory performance and the demonstration of appropriate competency. Such progression shall be on the determination of the Department.

 

7.4      Employees required to hold trade certificates, or the equivalent, for the below named trades shall be paid a Special Allowance for all purposes of this Award in Table 2A:

 

7.4.1   Stonemason-carvers in item 28

 

7.4.2   Electricians in item 29

 

7.4.3   Plumbers (Welders special) in item 30

 

8.  Allowances

 

8.1      In general, the conditions of the Crown Employees (Skilled Trades) Award shall apply to employees except as provided by this Award. This is to simplify administration and provide consequent savings.

 

8.2      Specific conditions relating to items listed below shall operate as provided by this clause:

 

8.2.1   Excess Fares and Travelling Time

 

8.2.2   Distant Work

 

8.2.3   Payment for Loss of Tools

 

8.2.4   Tool Allowance

 

8.3      Fares and Travelling Time

 

8.3.1   An allowance listed in Table 2B, item 44, comprising of an amount for fares and for travelling time, (including the Rostered Day Off) shall be paid to employees to compensate for fares and travelling time to and from places of work, provided that only the travelling time component of the allowance shall be payable if the Department provides, or offers to provide transport free of charge to the employee and that offer is refused.

 

8.3.1.1            An employee, who on any day is required to work at a site away from their accustomed workshop and who shall, at the direction of the Department, present for work at such site at the usual starting time, shall be paid this allowance for each such day.

 

8.3.1.2            Where an employee is sent during working hours from a shop to a site, or a site to a shop, or from shop to a shop, or from a site to a site, the Department shall pay all travelling time and fares incurred in addition to the amounts the Department may be liable to pay under this clause.

 

8.3.2   Where an employee is required to use their private vehicle to transfer from one work site to another during working hours the employee shall be paid an allowance listed in Table 2 B at item 43.

 

8.3.3   An employee using a motor vehicle for work must have for the vehicle a valid Third Party insurance policy and a comprehensive motor vehicle insurance policy to an amount and in a form approved by the Department.

 

8.3.4   The provisions of this subclause do not apply to employees classified as Staff (Wages) Level 8 or above.

 

8.4      Distant Work

 

8.4.1   The provisions of this clause apply only to employees employed in non-metropolitan Departmental Regions. This clause does not apply to employees employed in the Newcastle, Central Coast, Sydney and Wollongong metropolitan areas.

 

8.4.2   For the purpose of this clause, Distant Work is that in respect of which the distance or the travelling facilities to and from such places of work make it reasonably necessary that the employee should live and sleep at some place other than their usual place of residence at the time of commencing such work.  Provided that if the employee, whilst employed on Distant Work, changes their usual place of residence or any further change thereof (if made whilst employed on Distant Work) shall be the usual place of residence for determination whether the work is Distant Work within the meaning of this clause.

 

8.4.3   Provided further that after the expiration of four weeks, this clause shall not apply to an employee who is appointed to work as a regular employee at a permanent workshop whilst working at such workshop.

 

8.4.4   While on Distant Work, a majority of employees concerned, and Departmental management may mutually agree that ordinary working hours may be worked up to a maximum of twelve hours per day on any day of the week.

 

8.4.5   Providing that the employees concerned, and Departmental management will mutually agree, in accordance with the Department’s convenience, whether additional time worked is taken as time off in-lieu of payment at ordinary rates at either:

 

8.4.5.1            the completion of the project; or

 

8.4.5.2            within three months of its being worked; or

 

8.4.5.3            is paid at ordinary rates.

 

8.4.6   An employee engaged on Distant Work shall be conveyed with tools to and from at the Department’s expense. Such conveyance shall be made only once unless the employee is recalled and sent again to the place of work when it shall be made each time that this happens, provided that the return fares and travelling time need not be paid to an employee:

 

8.4.6.1            who leaves of their own free will; or

 

8.4.6.2            is dismissed for misconduct

 

before the completion of the job, before being three months in such employment, whichever first happens, or is dismissed for incompetence within one week of engagement.

 

8.4.7   Time occupied in travelling to and from Distant Work shall be paid for at ordinary rates, provided that no employee shall be paid more than an ordinary day's wages for any day spent in travelling unless the employee is on the same day occupied in working for the Department.  The employee shall be paid to cover the expenses, if any, of reaching home and of transporting tools, of an amount listed in Table 2B item 47.

 

8.4.8   On Distant Work the Department shall provide reasonable board and lodging or pay the allowance amount listed in Table 2B:

 

8.4.8.1            for each day residing away from the usual place of residence in item 48 or

 

8.4.8.2            for each week of seven calendar days in item 49.

 

8.4.9   Reasonable board and lodging for the purpose of this clause shall mean lodging in a well-kept establishment with adequate furnishings, good bedding, good floor coverings, good lighting, good heating, hot and cold running water in either a single room or a twin room if a single room is not available.

 

8.4.10 Where an employee is engaged upon distant jobs and is required to reside elsewhere than on site, they shall be paid the fares and travelling time allowance prescribed by this clause.

 

8.4.11 An employee on Distant Work, after three months continuous service, and thereafter at three monthly intervals, may return home at the weekend and shall be paid the fares reasonably incurred in so travelling home and to the place of work, provided however, that if the work upon which the employee is engaged will be completed within twenty-eight days after the expiration of any such period of three months, as hereinbefore mentioned, then the provision of this subclause shall not be applicable.

 

8.4.12 The employee shall inform the Department in writing of subsequent change to the usual place of residence.

 

8.4.13 If the Department and an employee engaged on Distant Work agree in writing, the paid Rostered Day Off prescribed in the Award may be taken and paid for at a time mutually agreed.  The agreement shall only apply for a paid day or days off work up to maximum accrual of five days.

 

8.4.14 In general terms, the Department’s policy for employees is that the provisions of the Distant Work clause apply where the work site is situated more than 95 kilometres from the Depot or Post Office of the town in which the employee is based and the employee lives away from home for the period of the job.

 

8.4.15 The only exceptions to this rule would be in rare cases, such as where road conditions or special circumstances make it unreasonable or uneconomic to apply.  In such circumstances local Departmental management has discretion to apply Distant Work provisions on sites situated less than 95 kilometres from the Depot or Post Office, subject to written justification being recorded on the job file and signed by the local Departmental management representative.  The employee must live away from home to receive payment under these circumstances.

 

8.5      Payment for Loss of Tools

 

8.5.1   An employee shall be reimbursed by the Department to a maximum amount listed in Table 2B item 50 for loss of tools or clothes by fire or breaking and entering whilst securely stored at the direction of the Department in a room or building on Department premises, job or workshop or in a lock-up or if the tools are lost or stolen while being transported by the employee at the Department’s direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee's absence after leaving the job because of injury or illness.

 

8.5.2   Provided that an employee transporting their own tools shall take all reasonable care to protect those tools and prevent theft or loss.

 

8.5.3   Where an employee is absent from work because of illness or accident and has advised Department, then the Department shall ensure that the employee's tools are securely stored during the employee's absence.

 

8.5.4   Provided that for the purposes of this subclause:

 

8.5.4.1            Only tools used by the employee in the course of their employment shall be covered by this subclause.

 

8.5.4.2            The employee shall, if requested to do so, furnish the Department with a list of tools so used.

 

8.5.4.3            Reimbursement shall be at the current replacement value of new tools of the same or comparable quality.

 

8.5.4.4            The employee shall report any theft to the police prior to making a claim on the Department for replacement of stolen tools.

 

8.5.4.5            It is assumed that the Department has directed staff to store their tools (as detailed above) unless otherwise directed not to.

 

8.6      Tool Allowance

 

8.6.1   Tool Allowances payable to Wages Staff shall be those set out in Table 2B:

 

8.6.1.1            Item 39:

 

·   Carpenter/Joiner

·   Stonemason-carver

·   Stonemason

·   Plumber

·   Electrician

·   Plasterer

 

8.6.1.2            Item 40:

 

·   Bricklayer

 

8.6.1.3            Item 41:

 

·   Slater & Tiler

 

8.6.1.4            Item 42:

 

·   Painter

 

8.7      All Purpose Payment In lieu of Certain Allowances

 

8.7.1   The provisions of this subclause do not apply to:

 

8.7.1.1            Wages Staff employees Levels 9, 10, 11 and 12.

 

8.7.1.2            Wages Staff employees who have no entitlement to allowances payable under the Crown Employees (Skilled Trades) Award.

 

8.7.2   All allowances set out in clauses 4 and 5, other than the exemptions mentioned below, of the Crown Employees (Skilled Trades) Award shall not be paid to Wages Staff employees of any Level.

 

8.7.2.1            Clause 4, Allowances, shall continue to be paid:

 

(4)       Electricians

 

(6)       Plumber and Drainer

 

(12)     Registration Allowance

 

(40)     Asbestos

 

(43)     Asbestos Eradication

 

8.7.3   In recognition that employees will continue to work under circumstances that previously attracted allowance payments pursuant to the above specified clauses, payments for all purposes of this Award shall be made.  The payments shall be as follows:

 

8.7.3.1            For all Heritage and Building Services Group employees and apprentices, other than slaters, plumbers and plumbing apprentices as listed in Table 2A, item 31.

 

8.7.3.2            For slaters, plumbers and plumbing apprentices, as listed in Table 2A, item 32.

 

(Plumbers and plumbing apprentices will no longer be able to claim separate payment for chokages or fouled equipment.)

 

8.7.4   Should circumstances arise where the payment of the allowance prescribed by this subclause for plumbers becomes consistently disadvantageous when compared to payment through the claiming of allowances as set out in the Crown Employees (Skilled Trades) Award, then the Department and the Union will review the situation.  Any result of such a review that results in the requirement to amend this subclause will be presented as a consent matter by the Department and the Union.

 

8.8      Thermostatic Mixing Valves Allowance

 

8.8.1   An employee who is required by the Department to act on their thermostatic mixing valve licence shall be paid an amount listed in Table 2A, item 37, while undertaking inspection and certification of thermostatic mixing valves.

 

8.9      Driving Van Allowance

 

8.9.1   Department Wages Staff employees allocated and responsible for commercial vehicles containing Departmental plant and equipment, which are parked at the premises of the employee overnight, shall be paid a flat allowance per day as listed in Table 2A item 38.  This allowance is paid daily for each day worked and is not paid for all purposes of this Award.  It shall be treated as a wage related allowance for the purpose of future increases.

 

8.10    Allowances Review

 

8.10.1 Increases in Expense Related Allowances payable under the Awards listed in clause 8 of this Award shall be paid, as appropriate, to employees covered by this Award.  Payment of increases shall be made from the same operative date as Award variations.

 

8.10.2 Expense Related Allowances include:

 

Tool Allowance

 

Meal Allowance

 

Excess Fares and Travelling Time

 

Distant Work Allowances

 

8.10.3 Wage Related Allowances shall increase by the same percentage amount, and from the same operative date, as rates of pay increase under this Award.

 

9.  Pay Arrangements

 

9.1      Fortnightly Payment

 

9.1.1   Employees shall be paid fortnightly.

 

9.1.2   The Department shall not keep more than five days' pay in hand.

 

9.2      Leave Loading

 

9.2.1   Recreation leave loading has been incorporated in wages through a 1.35% wage adjustment paid under the terms of the NSW Public Works Wages Staff Enterprise Agreement (1994 - 1995).

 

10.  Hours of Work

 

10.1    Weekly hours: The ordinary hours of duty for all full-time employees will be 38 per week, or an average thereof.

 

10.2    Part-time employees: Part-time employees in any classification can be employed for less than the ordinary hours of duty specified in this award for an agreed number of regular hours per week with conditions and entitlements as provided in the relevant clauses of this award.

 

10.3    Span of hours: Ordinary hours of duty will be worked within the limits of Monday to Friday. The commencing and finishing times of ordinary duty will be determined by the employer.

 

10.4    Local variations: Commencing and finishing times may be varied within the limits of 6.00am and 6.00pm Monday to Friday, subject to a 10-hour span for individual employees and a 12-hour span for individual workplaces, by agreement between the supervisor and a majority of the employees affected.

 

10.5    Worked continuously: The ordinary hours of duty will be worked continuously, except for meal breaks. Meal breaks should not be regarded as breaking continuity.

 

10.6    Five hour break: an employee should not work for more than 5 hours without a break for a meal.

 

10.7    Hours of duty for part-timers: Before part-time duty commences, notice in writing will specify:

 

10.7.1 the prescribed weekly hours of duty;

 

10.7.2 the pattern of hours to be worked including starting and finishing times for other than shift workers, on each or any day of the week, Monday to Friday, within the limits of the span of hours specified for an equivalent full-time employee.

 

10.7.3 the pattern of hours specified will be no less than 3 hours per day of attendance or an alternative agreed period and will be continuous on any one day.

 

10.7.4 the prescribed weekly hours and the pattern of hours specified under will not be varied, amended or revoked without the consent of the employee. Any agreed variation to the regular pattern of hours will be recorded in writing.

 

10.8    Where a full-time employee is permitted to work part-time for an agreed period for personal reasons, the notice in writing will provide for the hours to be varied to full-time hours on a specified date. The employee will revert to fulltime hours unless a further period of part-time employment is approved.

 

11.  Overtime

 

11.1    Overtime provisions, including payment for meals, as provided by clause 9, Overtime, of the Crown Employees (Skilled Trades) Award shall apply to all employees.

 

11.2    An employee may opt to take time-off in lieu of paid overtime at the same rate at which the overtime was accrued, subject to management agreement.  Any such time-off will be taken within an agreed time and not later than 3 months of the working of the overtime.  An employee, subject to management agreement, may take part time-off in lieu and part payment for overtime.

 

12.  Career Development and Training

 

12.1    The Department will provide a career development and training program designed to contribute to the attainment of corporate objectives by:

 

12.1.1 assisting employees to formulate career development plans which reflect individuals' goals and the needs of the Department.

 

12.1.2 assisting employees to achieve personal excellence in work performance in a satisfying, non-discriminatory, safe and healthy work environment;

 

12.1.3 ensuring that, on an equitable and appropriate basis, employees are provided with opportunities to develop required skills.

 

12.2    The Department is committed to using and developing the skills of employees through the provision of on-the-job and formal training, job rotation and formal education to meet identified skills needs.  The Department will consult with the parties in formulating its program.

 

Approved training will be conducted without loss of pay.

 

13.  Rostered Days Off

 

13.1    Rostered Day Off (RDO) provisions, as provided by clause 2, Hours - Day Workers, of the Crown Employees (Skilled Trades) Award shall apply to all employees along with the following provisions of this clause.

 

13.2    The parties agree that employees will be eligible to take their monthly rostered days off three weeks before or after the industry RDO.  There will be appropriate arrangement and prior agreement between employees and the Department in determining rostered days off.

 

13.3    This will result in Department’s projects having adequate numbers of employees on site to enable work to continue when the remaining days are taken.  No more than three RDO's may be accrued in a twelve-month period.

 

13.4    There will be appropriate records kept of the date an employee has their RDO and of RDO's banked and subsequently used.  These records will be available for perusal by the employee, on request.

 

14.  Performance Management

 

14.1    The parties to this Award are committed to the introduction of performance management for employees.  As part of this process a performance management program shall be introduced for all employees immediately after the making of this Award.

 

15.  Relocation Package

 

15.1    Negotiated benefits for employees required by the Department to relocate will be agreed with individual employee prior to relocation.  The benefits will be equal to, or better than, the current provisions of the Crown Employees (Transferred Officers’ Compensation) Award.

 

15.2    The package of variable individually negotiated benefits will be established to compensate for the expenses and associated dislocation experienced by employees as a result of relocating from one residential location to another residential location as a necessary consequence of promotion, transfer (for other than disciplinary reasons) or staff exchange to a new work location.

 

15.3    The scope of the package must be defined in broad terms at the time of acceptance of the new position.

 

16.  Leave

 

16.1    All Awards, Agreements and Determinations relating to leave continue to apply to employees with the exception of the subclauses set out below.

 

16.1.1 Annual Leave Loading

 

Annual leave loading was, and is, incorporated in wage rates through a once only 1.35% wage increase paid under the terms of the NSW Public Works Wages Staff Enterprise Agreement (1994 - 1995).

 

16.1.2 Family and Community Service Leave

 

The Department Head shall grant to a staff member some or all of their accrued family and community service leave on full pay, for reasons relating to family responsibilities, performance of community service or emergencies. Where possible, non-emergency appointments or duties should be scheduled or performed outside of normal working hours.

 

Such cases may include but not be limited to the following:

 

Compassionate grounds - such as the death or illness of a close member of the family or a member of the staff member's household;

 

Emergency accommodation matters up to one day, such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

Emergency or weather conditions, such as when flood, fire, snow or disruption to utility services etc., threatens a staff member’s property and/or prevents a staff member from reporting for duty;

 

Attending to family responsibilities such as - citizenship ceremonies, parent/teacher interviews or attending child's school for other reasons;

 

Attendance at court by a staff member to answer a charge for a criminal offence, only if the Department Head considers the granting of family and community service leave to be appropriate in a particular case;

 

Attendance as a competitor in major amateur sport (other than Olympic or Commonwealth Games) for staff members who are selected to represent Australia or the State; and

 

Absence during normal working hours to attend meetings, conferences or to perform other duties, for staff members holding office in Local Government, and whose duties necessitate absence during normal working hours for these purposes, provided that the staff member does not hold a position of Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council.

 

The definition of "family" or "relative" in this clause is the same as that provided in subclause 26.1 of clause 26, Carer’s Leave, of the Crown Employees (Skilled Trades) Award.

 

The maximum amount of family and community service leave on full pay which may, subject to this award, be granted to a staff member shall be in accordance with paragraph (1) or in accordance with paragraph (2) whichever is the greater:

 

2½ of the staff member’s working days in the first year of service and on completion of the first years’ service, 5 of the staff member’s working days in any period of 2 years; or

 

After the completion of 2 years continuous service, the available family and community service leave is determined by allowing 1 days leave for each completed year of service less the total amount of short leave or family and community service leave previously granted to the staff member.

 

If available family and community service leave is exhausted as a result of natural disasters, the Department Head shall consider applications for additional family and community service leave, if some other emergency arises.

 

If available family and community service leave is exhausted, on the death of a family member or relative, additional paid family and community service leave of up to 2 days may be granted on a discrete, per occasion basis to a staff member.

 

In cases of illness of a family member for whose care and support the staff member is responsible, paid sick leave in accordance with clause 26, Carer’s Leave, of the Crown Employees (Skilled Trades) Award, shall be granted when paid family and community service leave has been exhausted.

 

A Department Head may also grant staff members other forms of leave such as accrued recreation leave, time off in lieu, flex leave and so on for family and community service leave purposes.

 

16.1.3 Sick Leave

 

All sick leave absences in excess of one day’s duration, and any sick leave absences that are adjoining to weekends, gazetted public holidays and Rostered Days Off (RDO) must be supported by a medical certificate or equivalent legal document, or such absence will be treated as leave without pay.

 

For all other aspects of sick leave the Sick Leave provisions of the Uniform (Ministerial) Leave Conditions apply except that an employee upon completion of three months service shall be entitled to payment for sick leave taken in the first three months up to a maximum of five working days.

 

16.1.4 Paid Parental Leave

 

Up to 1 week on full pay or 2 weeks on half pay parental leave is available to employees who:

 

otherwise meet the requirements for taking parental leave as set out in clause 31, General Leave Conditions and Accidental Pay, of the Crown Employees (Skilled Trades) Award; and

 

apply for parental leave within the time and the manner determined by the Department Head; and

 

prior to the expected date of birth or taking custody have completed not less than 40 weeks service.

 

The period of paid leave does not extend the current entitlement of up to 12 months leave, but is part of it.

 

Parental leave is available to male or female staff.

 

16.1.5 Paid Maternity or Adoption Leave

 

The entitlement and conditions attached to paid maternity or adoption leave remain unchanged, except that the quantum of leave will be 14 weeks instead of 9 weeks. Leave may be taken at full pay, half pay or as a lump sum.

 

16.1.6 Extended Leave after 7 Years’ Service

 

Employees with 7 years or more service will be entitled to take (or be paid out on resignation) extended leave in the usual manner.  The quantum of leave available is that which would have applied if pro rata leave were granted. For example, an employee with 7 years’ service has a long service leave entitlement of 30.8 working days.  Calculations for other periods of service are set out at Chapter 6-5 of the Public Service Industrial Relations Guide.

 

There is no requirement for an employee with 7 or more years of service to have been terminated or to have left employment because of illness, incapacity or domestic or other pressing necessity to claim an entitlement. No repayment will be required if an employee does not reach 10 years’ service.

 

16.1.7 Double Pay Extended Leave

 

An employee with an entitlement to extended leave may elect to take leave at double pay.  The additional payment will be made as a non-superable taxable allowance payable for the period of the absence from work. The employee's leave balance will be debited for the actual period of the absence from work and an equivalent number of days as are necessary to pay the allowance.

 

For example, an employee with an extended leave balance of 50 working days wishing to take extended leave at double pay take 25 working days leave from work, reducing their leave balance to 25 days. A further 25 working days will be debited from the employee balance to cover payment of the non-superable taxable allowance.

 

Other leave entitlements, e.g., recreation leave, sick leave and extended leave will accrue at the single time rate where an employee takes long service leave at double time.

 

Superannuation contributions will only be made on the basis of the actual absence from work, i.e., at the single time rate.

 

Where an employee elects to take extended leave at double pay, in most cases a minimum period of absence of 1 week should be taken, i.e., 1 week leave utilising 2 weeks of accrued leave.

 

16.1.8 Public Holidays Whilst on Extended Leave

 

From 1 January 2005, public holidays that fall whilst an employee is on a period of extended leave will be paid and not debited from an employee’s leave entitlement.

 

In respect of public holidays that fall during a period of double pay extended leave an employee will be not be debited in respect of the leave on a public holiday.

 

The employees leave balance will however be reduced by an additional day to fund the non-superable taxable allowance.

 

17.  Grievance and Dispute Resolution

 

17.1    Subject to the provisions of the Industrial Relations Act 1996, all grievances and disputes relating to the provisions of this award or any other industrial matter shall 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 Department, if required.

 

17.2    An employee is required to notify, preferably in writing, their immediate supervisor or 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.

 

17.3    The immediate supervisor or manager shall convene a meeting in order to resolve the grievance, dispute or difficulty within two working days, or as soon as practicable, of the matter being brought to attention.

 

17.4    If the matter remains unresolved with the immediate supervisor or manager, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter.  This supervisor or manager shall respond within two working days, or as soon as practicable.  The wages employee may pursue this sequence of reference to successive levels of management until the matter is referred to the appropriate Group General Manager or their nominated representative.

 

17.5    If the matter remains unresolved, the Group General Manager or their nominated representative shall 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.

 

17.6    An employee may, at any stage of these procedures, request to be represented by their union and the Department will agree to such request.

 

17.7    Should the matter not be resolved within a reasonable time, any of the parties may refer it to the New South Wales Industrial Relations Commission for settlement.  The employee, union and Department shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

17.8    Whilst the procedures outlined in 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 a case involving WH&S, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any Departmental employee or member of the public.

 

18.  Anti-Discrimination

 

18.1    It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity age and responsibilities as a carer.

 

18.2    It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

18.3    Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

18.4    Nothing in this clause is to be taken to affect:

 

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;

 

a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

18.5    This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

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

 

18.7    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."

 

19.  Consultative Arrangements

 

19.1    The parties to this Award will establish a Consultative Working Party.  This Working Party shall generally act to oversee and assist implementation of the Award and all other industrial matters affecting groups of employees, but not concerns which are individual in nature.

 

19.2    The Consultative Working Party shall meet within one month of the registration of this Award and thereafter on a frequency of every two months, according to its constitution, or as otherwise agreed between the parties.

 

19.3    The Consultative Working Party may form Working Groups to examine specific issues for report back to the Working Party.

 

19.4    The Consultative Working Party shall consist of a total of six Union workplace representatives, reflecting the structure of the workplace.

 

19.5    Where possible, each of the main Unions party to this Award will have at least one workplace representative.  The main Unions are:

 

Construction, Forestry, Mining and Energy Union (Construction and General Division), NSW Divisional Branch

 

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division, NSW Branch.

 

Electrical Trades Union of Australia, New South Wales Branch

 

Australian Workers’ Union, Greater New South Wales Branch

 

19.6    Mass Meetings

 

19.6.1 Mass meetings on paid time, at the most appropriate Regional or Metropolitan centre, may be held as agreed between the parties.  The Department will not unreasonably withhold agreement to such meetings, with at least one meeting per year to be held.

 

19.7    The Department shall consult with the Unions prior to the introduction of any technological change.

 

20.  Workplace Representatives

 

20.1    Employees elected as delegates in the Group or Business Unit in which they are employed shall, upon notification to the Department, be recognised as accredited representatives of the union(s) and they shall be allowed the necessary time during working hours to interview management representatives and the employees whom they represent, on matters affecting the employees whom they represent.

 

20.2    Trade Union Training

 

The Department agrees to provide the appropriate level of paid Trade Union education leave to wages employee representatives up to a maximum of twelve days in any two year period, subject to the approval of such leave being consistent with operational requirements.

 

21.  Deduction of Union Subscriptions

 

21.1    Subject to an employee making written authorisation, the Department shall deduct from the employee's remuneration, subscriptions payable to a nominated industrial organisation of employees and shall pay the deducted subscriptions to such organisation.

 

22.  Private Use of Business Vehicles

 

22.1.   Employees, in accordance with the Department’s Motor Vehicle Policy and subject to availability of motor vehicles and management approval, may use Departmental vehicles for private purposes.

 

23.  Relationship to Awards, Agreements etc.

 

23.1    This Award shall be read and interpreted in conjunction with the Awards and Agreements ("the Instruments") covering the Department and its employees, provided that where there is any inconsistency between this Award and the Instruments, this Award shall prevail to the extent of the inconsistency.

 

23.2    In particular, allowances and special rates specified as follows shall continue to operate unless varied by this Award:

 

Crown Employees (Skilled Trades) Award, clause 8, Allowances

 

24.  Award Safety Net

 

24.1    If the NSW Industrial Relations Commission (IRC) increases the wage rates and allowances in Awards relevant to the Department which previously applied to an employee's position to an amount above that payable to an employee under this Award, then the Department will pay the higher amount in lieu of the wage rates and allowances in this Award.

 

24.2    Such higher rates shall be paid from the date ordered by the IRC.

 

24.3    Should the IRC increase wage rates and allowances in the Award which previously applied to an employee's position to an amount still below that payable to an employee under this Award, then the Department will continue to pay the higher amount set out in this Award in lieu of the Award wage rates and allowances.

 

24.4    The wage rate increase of 1.35%, paid for the inclusion of leave loading in wage rates, shall not be taken into account when considering the relative wage rates mentioned in the preceding paragraph.

 

25.  Leave Reserved

 

25.1    Leave is reserved to any party to the award in relation to the following matters:

 

25.1.1 The implications of any negotiated outcome between the parties or arbitrated decision with regard to the Secure Employment Test Case on employees covered by the award.

 

25.1.2 The inclusion in the award of a suitable Trade Union Delegates Activities clause, with specific reference to the provisions existing within the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009.

 

26.  Assistance with Public Transport

 

26.1    The Department will provide funds for the purchase of yearly rail, bus and ferry tickets (or combinations of these) for employees who require them.

 

26.2    Employees will repay the cost of the ticket over 12 months through regular fortnightly deductions from after tax salary.

 

27. No Extra Claims

 

27.1    The parties agree that, during the term of this award, there will be no extra wage claims, claims for improved conditions of employment or demands made with respect to the employees covered by the award and, further, that no proceedings, claims or demands concerning wages or conditions of employment with respect to those employees will be instituted before the Industrial Relations Commission or any other tribunal.

 

The terms of the preceding paragraph do not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of existing award provisions.

 

APPENDIX ONE

 

The Definition, Scope of Work, Level of Skill and Quality, Safety and General Responsibilities for each Level is set out in the following 12 Level Wages staff classification structure.

 

Levels 1 to 6

 

Level	Definition	Scope of Work	Level of Skill	Quality	Safety	Responsibility
1 (92%)	An employee who is performing duties and is certified by the Department as being competent to work to Level 1 standard.	An employee at this level works under close supervision in a team environment.  The employee performs duties that are at a basic level and are manual and repetitive in nature.   Indicative of the tasks which an employee at this level may perform are the following:   Operate flexibly on a range of equipment and machinery, on which the employee has received training.   Carry out labouring tasks from written or verbal instruction.   Any other tasks at this level as directed in accordance with the employee's level of training.   Assist other workers at this or other levels to the extent of their experience or training.	An employee at this level will have or be acquiring basic labouring skills.	Be responsible for the quality of their work subject to close supervision.	Understands and applies WH&S requirements so as not to injure themselves or other workers.	An employee at this level will work under close supervision. They will be able to solve elementary problems within their level of skill and training.
2 (95%)	An employee who is performing duties and is certified by the Department as being competent to work to Level 2 standard.	An employee at this level works under close supervision either individually or in a team environment at a basic level within a specific area.   Indicative of the tasks which an employee at this level may perform are the following:   Operate within a specific area of work   Assist workers at this or other levels.   Measure accurately given adequate written or verbal instruction   Operate machinery or equipment for which the employee has been trained.   Any other task at this level as directed in accordance with their level of training.	An employee at this level will acquire basic skills within a specific area and introductory knowledge across a particular skill stream.	Be responsible for the quality of their own work subject to close supervision.	Understands and applies WH&S requirements so as to not injure themselves or other workers.	An employee at this level will work under close supervision. They will be able to exercise limited discretion and solve elementary problems within their level of skill and training.
3 (97.5%)	An employee who is performing duties within a designated area of work and is certified by the Department as being competent to work in that area of work to Level 3 standard.	An employee at this level works under routine supervision with intermediate skills within a specific area.   Indicative of the tasks which an employee at this level may perform are the following:   Operative efficiently and productively within a specific area of work   Operate equipment or machinery for which the employee has been trained   Carry out tasks from simple plans, sketches and drawings in conjunction with appropriate written or verbal instructions.   Understand and implement basic fault finding skills within the worker's specific area.   Any other tasks as directed in accordance with the employee's level of training.	An employee at this level will have intermediate specialist skills within a specific area and a basic knowledge level across a specific skill stream.	A Level 3 employee understands and applies quality control techniques to their own work.	Understands and applies WH&S requirements so as to not injure themselves or other workers.	An employee at this level works under routine supervision. The employee is able to exercise discretion and solve problems within their level of skills and training.   Is a competent operative who works individually or as part of a team.   Works from detailed instructions and procedures in written, spoken or diagrammatic form.   Applies a range of general construction skills
4 (100%)	An employee who is performing duties within a designated area of work and is certified by the Department as being competent to work in that area of work to Level 4 standard.	An employee at this level has either advanced specialised skills within a specific area OR is able to perform competently over a range of tasks within a skill stream.   Indicative of the tasks which an employee at this level may perform are the following:   Exercise good interpersonal communication skills   Perform tasks from their own initiative   Be able to read, interpret and apply plans, sketches and diagrams to their own work.   Assist with informal on-the-job guidance   Any other task as directed in accordance with the employee's level of training.   (Note) The type of tasks a worker can perform will depend on whether they have a high degree of specialised skills in a specific area or whether they have acquired basic knowledge across a specific skill stream.	An employee at this level will have either advanced specialised skills OR the ability to carry out, at an acceptable standard, a broad range of tasks OR have a recognised trade certificate, or equivalent.  In addition, an employee at this level will have an intermediate knowledge level across a specific skill stream.	An employee at this level is able to be responsible for the quality of their own work and be capable of performing basic quality checks on the work of others performing tasks within the employee's sphere of work.	An employee is able to perform tasks safely and is able to identify hazards within the employee's sphere of work to avoid injury to themselves and others.	An employee at this level, having been given adequate written or verbal instructions, is able to control their own schedule and meet objectives with routine supervision. The employee is able to make decisions and solve problems with their sphere of work.   An Employee at this level is engaged to exercise the depth and scope of skills, to the level of his/her training indicated below: Exercises discretion within his/her level of training.   Operates under routine supervision either individually or in a team environment.   Is capable of detailed measurement techniques   Performs tasks from their own initiative.   Provides informal on the job guidance to other employees.   Has an understanding of the construction process in two streams.   Interacts with and assists employees of other companies on site. Anticipates and plans for constant changes to the work environment.
5 (105%)	An employee who is performing duties within a designated area of work and is certified by the Department as being competent to work in the area of work to Level 5 standard.	An employee at this level has highly specialised skills and is able to perform work in one or more areas OR intermediate skills enabling work to be carried out over a range of tasks within a stream.   The employee will have a basic knowledge of the construction process.   Indicative of the tasks an employee at this level may perform are the following:   Perform tasks from their own initiative.   Exercise excellent communication skills.   Is highly skilled within a specific area and/or able to perform a range of tasks at an intermediate skill level in a broad range of areas within a stream.   Provide guidance to other workers within the team environment.   Operate highly efficiently and productively.   Read, interpret, calculate and apply information from plans and inform others.	An employee at this level will have highly developed specialist skills OR intermediate skills in a broad range of areas within a stream.	An employee at this level is able to be responsible for the quality of their work and able to identify faults in the work of others at this or lower levels.	Able to be responsible for the safety of themselves and others in the team environment.	An employee at this level is able to work with a minimum of supervision.  They are able to examine, evaluate and develop solutions to problems within a specific area.   An employee at this level is engaged to exercise the depth and scope of skills, to the level of his/her training indicated below:   Must hold and act on relevant licences, in their specialist stream.   Exercises discretion within the level of his/her training.   Perform complex tasks within the level of his/her training.   Works under general supervision either individually or in a team environment.   Provides guidance, assistance and on the job training as part of a work team.   Has a sound understanding of the construction process involved in two or more streams.   Reads, interprets and applies information from plans.

 

6 (110%)

An employee who is performing duties across more than one stream or within a designated area of work and is certified by the Department as being competent to work in the streams or that area of work to Level 6 standard.

An employee at this level has highly specialised skills and is able to perform work in two or more areas OR has advanced skills enabling work to be carried out over a range of tasks across streams.   Indicative of the tasks an employee at this level may perform are the following:   Perform complex tasks in a specified area, and/or   Operate at an advanced level over a range of areas with a minimum of supervision.   Exercise excellent interpersonal skills   Able to offer guidance as part of the work team.   Develop solutions for unusual problems.   Write brief reports   Operate independently, efficiently and productively.   Schedule and plan the work activity of others within the work team.

An employee at this level will have a high level of skill over more than one specific area, in advance of Level 5.

An employee at this level is able to be responsible for the quality of their own and others' work.

Able to be responsible for the safety of themselves and others in the workplace.

An employee at this level is able to operate with minimum supervision.  They are able to research, evaluate and implement solutions to problems over more than one area.   An employee at this level is engaged to exercise the depth and scope of skills, to the level of his/her training indicated below.   Exercises discretion within their level of training   Leads as part of a work team   Assists in the provision of structured training in conjunction with supervisors and trainers   Understands and implements quality control techniques.   Works under limited supervision individually or in a team environment.   Reads interprets and applies information from plans.   Solves technical problems within their sphere of work.   Has detailed knowledge of Australian Standards applying to their sphere of work.   Recognises and controls hazards associated with their sphere of work.

 

Level 7 to 9

 

Level	Definition	Scope of Work	Responsibility
7 (115%)	An employee who is performing duties across more than one stream or within a designated area of work and is certified by the Department as being competent to work in the streams or in that area of work to Level 7 standard.	An employee at this level has highly specialised skills and is able to carry out a range of tasks across streams.   Indicative of the tasks an employee may perform at this level are:   Perform complex tasks completely without supervision in more than one specialised area.   Prepare and deliver instructions to team members.   Program and schedule work   Order equipment   Supervise maintenance of equipment   Write and present detailed reports   Identify and prepare information relating to variations.   Operate with expertise in two or more areas.	An employee at this level is capable of being responsible for one or more of the following:   Diagnosing and solving problems.   Training workers within or across areas.   Assisting in supervision or organisation of team operations within or across streams.   Quality standards within or across streams.   Researches, prepares and presents complex reports.   Additional duties which the employee will be skilled to carry out as a result of undergoing broadly based structured training or acquiring on the job skills.   An employee at this level is:   Competent to operate independently.   Capable of planning and/or guiding the work, quality and safety of others.   Able to research, evaluate and implement solutions to problems over more than one area.
8 (120%)	An employee who is performing duties across two or more streams or within a designated area of work and is certified by the Department as being competent to work in the streams or in that area of work to Level 8 standard.	Indicative of the tasks an employee may perform at this level are:   Diagnose and solve complex problems within their specific areas and/or simple problems across a wide range of areas, or two or more streams.   Research, prepare and present complex reports.   Monitor, evaluate and recommend changes to quality and WH&S programs.   Demonstrate an appreciation of the inter-relationship of various areas.   Play an active role in training whether for production or safety.	An employee at this level is capable of being responsible for one or more of the following:   Diagnosing and solving problems.   Training workers within or across areas   Assisting in supervision or organisation of team operations within or across areas.   Quality standards within or across areas.
9 (126%)	An employee who is performing duties across two or more streams or within a designated area of work and is certified by the Department as being competent to work in the streams or in that area of work to Level 9 standard.	Indicative of the tasks an employee may perform at this level are:   Diagnose and solve complex problems within their specific areas and/or simple problems across a wide range of areas, or two or more streams.   Research, prepare and present complex reports.   Monitor, evaluate and recommend changes to quality and WH&S programs.   Demonstrate an appreciation of the inter-relationship of various areas.   Play an active role in training whether for production or safety.   Demonstrate supervisory skills beyond those of a Level 8 employee.	An employee at this level is capable of being responsible for one or more of the following:   Diagnosing and solving problems.   Training workers within or across areas   Assisting in supervision or organisation of team operations within or across areas.   Quality standards within or across areas.

 

Level 10

 

Level	Definition	Scope of Work
10 (133% - 135%)	An employee who:   a) Holds a trade certificate or tradesperson's rights certificate in one of the Construction craft streams of Carpentry and Joinery, Bricklaying, Painting, Plastering, Plumbing, Electrical or Mechanical and is able to exercise the skills and knowledge of that trade; or   b) has an equivalent level of training and/or experience to a tradesperson on construction projects including the installation of water supply and sewerage schemes and/or pumping stations and is able to arrange and co-ordinate the efficient supervision of construction contracts to ensure that the work is carried out in accordance with plans, specifications and WH&S requirements.   A Level 10 employee applies craft and non-craft skills and knowledge and works above and beyond an employee at craft level and to the level of their training:   Understands and applies quality assurance techniques.   Possesses excellent interpersonal as well as oral and written communication skills.   Exercises keyboard/computer skills in contract administration, job programming and estimating.   Possesses planning, cost control, work organisation, procedural and administrative skills and is able to apply that knowledge when assisting in the supervision of construction contracts.   Is aware of WH&S principles and procedures and is able to apply that knowledge when assisting in the co-ordination and supervision of construction contacts.   Is aware of and applies Equal Employment Opportunity principles.	Indicative of the tasks which an employee at this level may perform are:   Understands and applies computer techniques as they relate to estimate and job control.   Has a sound knowledge of the Department operations and procedures as they relate to project supervision and control.   Possesses skills to enable the preparation of quantities for progress payments.   Has ability to check surveys for accuracy of construction and to prepare reports on general matters relating to the supervision and construction of projects.   Prepare estimates, specifications and/or documentation for the execution of new construction, civil works, extensions, alterations and additions to existing structures including water, sewerage and drainage work and general maintenance work.   Provide reports and assessment of work in progress, work ahead and general matters as required.   Liaise with other sections of the Department, client Departments and Authorities as required.   Supervise day labour work to ensure work is completed within time and cost and make recommendations considered necessary to achieve time and cost targets.   Supervise contract work including the preparation of valuations, variations, recommendations on extensions of time and overtime deductions.   Recommend acceptance of quotations and issue of local orders within authorities as determined.   Provide relief at Level 11 as required.   Other duties as directed.

 

Level 11 to 12

 

Level

Definition

11 (139% - 147%)

An employee who:   a) Holds a trade certificate or tradesperson's rights certificate in one of the Construction craft streams of Carpentry and Joinery, Bricklaying, Painting, Plastering, Plumbing, Electrical or Mechanical and is able to exercise the skills and knowledge of that trade; or   b) has an equivalent level of training and/or experience to a tradesperson on construction projects including the installation of water supply and sewerage schemes and/or pumping stations and is able to arrange and co-ordinate the efficient supervision of construction contracts to ensure that the work is carried out in accordance with plans, specifications and WH&S requirements.   In addition, this employee is required to hold a post-trade certificate, or equivalent qualification and/or experience, in a Construction stream.   A Level 11 employee works above and beyond an employee at Level 10 and to the level of their training:   Understands and implements quality assurance and financial reporting techniques.   Is able to, within the Department policy, guidelines and objectives:   co-ordinate and supervise all phases of maintenance and construction work on major and minor building and civil construction projects undertaken by both contract and day labour.   ensure compliance with plans and accepted building and construction practice and as necessary prepare valuations of work completed and measurement of quantities for work variations and quotations.   estimate, prepare specifications and documentation on all phases of major and minor projects, as required.   issue site instructions and recommend alternative construction methods, as necessary.   Exercise discretion within the scope of this level.   Apply computer operating skills in contract administration, job programming and estimating.   Is aware of WH&S principles and procedures, work organisation, administrative requirements and communications processes and is able to apply this knowledge on the job.   Provides oversight and assistance as part of a work team on a site or projects.   Provides on the job training support for Level 10 employees.   Ensures that the provisions of Equal Employment Opportunity are applied to all aspects of the position including the prevention of overt and covert discrimination.   Other duties as directed.

 

Level

Definition

Level 12 (152% - 156%)

An employee who:   Possesses skills, knowledge and experience as required for Levels 10 and 11 and holds a post-trade certificate, or equivalent qualification and/or experience in a Construction stream.   A Level 12 employee works above and beyond an employee at Levels 10 and 11 and to the level of their training:   Undertakes quality assurance, financial reporting and Equal Employment Opportunity responsibilities for the area under their control.   Possesses a good standard of communication, work organisation, administrative, WH&S, costing and planning skills and is able to apply leading or directing the work of others.   Is able to, within the Department policy, guidelines and objectives:   supervise staff at the Department Staff (Wages) Levels 10 and 11 and take responsibility for their work;   manage and administer all contract matters including oversighting and approving progress payments, variations, extensions of time and reporting on ability or suitability of prospective tenderers;   ensure that action has been taken for timely delivery of plant and other materials on projects.   prepare reports on industrial issues, industrial accidents and investigation of same, safety issues, as well as exception reports including valuations of existing buildings and properties for acquisition by the Government or for insurance purposes.   Applies computer integrated techniques involving a higher level of computer operating skills than for the Department Staff (Wages) Level 11 employees.   Works under limited supervision either individually or in a team environment.   Exercises broad discretion within the scope of this level including appropriate delegations of authority.   Is able to assist in the provision or planning of on the job training for Level 11 employees.   Provides relief at Construction Coordinator level and Levels 10 and 11 as required.   Other duties as required.

 

APPENDIX Two

 

APPRENTICES

 

Apprentices employed pursuant to the terms of the Crown Employees (Skilled Trades) Award shall be employed under the terms of this Award and the Crown Employees (Skilled Trades) Award with the following exceptions.

 

1.        Leave

 

Clause 16, Leave, of this Award shall have effect to the extent that it is inconsistent with clause 31, General Leave Conditions and Accident Pay, of the Crown Employees (Skilled Trades) Award and the Uniform (Ministerial) Leave Conditions.

 

2.        Wages - Refer to Table 1C - Apprentice Classification and Safety Schedules

 

3.        Fortnightly Payment

 

Wages staff shall be paid fortnightly.

 

The Department shall not keep more than five days pay in hand.

 

4.        Electrical Trade Apprentices

 

Apprentices to the electrical/electronic trades shall be paid Excess Fares and Travelling Time according to the provisions generally applying to building tradespersons under 8.3 of this Award.

 

Apprentices to the electrical/electronic trades shall be paid the Tool Allowance in clause 8.6.1.1 at item 39 of Table 2B - Expense Related Allowances, of this Award, in lieu of the Crown Employees (Skilled Trades) Award provision.

 

5.        Building Trade Apprentices

 

Building trade apprentices will be paid Excess Fares and Travelling Time according to the provisions of subclause 8.3 of this Award.

 

6.        All Purpose Payment In lieu of Certain Allowances

 

All allowances set out in clauses 4 and 5, other than the exemptions mentioned below, of the Crown Employees (Skilled Trades) Award, shall not be paid to apprentices.

 

At clause 4, Allowances, all subclauses except:

 

(4)      Electricians

 

(6)      Plumber and Drainer

 

(12)    Registration Allowance

 

(41)    Asbestos

 

(43)    Asbestos Eradication

 

7.        In recognition that apprentices will continue to work under circumstances that previously attracted allowance payments pursuant to the above-specified subclauses, payments for all purposes of this Award shall be made.  The payments shall be as follows:

 

For all Heritage and Building Services Group apprentices, other than plumbing apprentices, shall be as listed in Table 2A, Item 31.

 

For plumbing apprentices as listed in Table 2A, item 32.

 

(Plumbing apprentices will no longer be able to claim separate payment for chokages or fouled equipment.)

 

APPENDIX THREE

 

COMPETENCY BASED PROMOTION FROM WAGES STAFF LEVEL 2, 3 OR 4

 

Further to the memorandum of agreement between various Public Sector employers and Unions with respect to the second tier wage increase in the Crown Employees (Skilled Tradesmen) Award from 1988, competency development involves multi-skilling.

 

Competency based promotion will not be offered to duration staff until their reclassification to permanent status or to apprentices within 12 months after completion of their indentures.

 

BUILDING GROUP TRADES

 

Should a Building Group tradesman achieve the additional "standard" competencies for Building Group trades staff, competency based promotion to level 5 can occur.  The additional "standard" competencies must be exercised in rectification/make good circumstances to a standard such that a specialist tradesperson in the additional competency is not required to make any further rectification work.  The relevant District Manager shall conduct assessment and certification of the additional "standard" competencies and additional specific competencies for each employee.

 

ADDITIONAL "STANDARD" COMPETENCIES FOR BUILDING GROUP TRADES:

 

SCAS (ability to perform field surveys and tabulate data manually. Introduction of any new technologies will be negotiated separately.)

 

Floor/Wall Tiling

 

Painting

 

Gyprock/Ceiling Fixing

 

Concreting/Brickwork

 

Fencing

 

Site Restoration (int/ext)

 

Glazing or Roof Glazing

 

First Aid Certificate

 

HERITAGE SERVICES GROUP TRADES

 

Should a Heritage Services Group employee employed achieve the additional "standard" competencies for Heritage Services Group Trades staff and the required additional specific competencies set out for that trade, competency based promotion to level 5 can occur.  The additional "standard" and "specific" competencies must be exercised in rectification/make good circumstances to a standard such that a specialist tradesperson in the additional competency is not required to make any further rectification work.  Specific competencies are integral to the work undertaken by Heritage Services and staff must be proficient to tradesman levels with no limit to application of the competency.  The Section Managers, Heritage Services, shall conduct assessment and certification of the additional "standard" competencies and additional specific competencies for each employee.

 

ADDITIONAL "STANDARD" COMPETENCIES FOR HERITAGE SERVICES GROUP

 

Floor/Wall Tiling

 

Painting or Forklift Operation

 

Gyprock/Ceiling Fixing

 

Concreting/Brickwork

 

Site Restoration (int/ext)

 

First Aid Certificate

 

ADDITIONAL SPECIFIC COMPETENCIES FOR HERITAGE SERVICES GROUP TRADES:

 

Plumber	Painter	Stonemason
(2 required)	(2 of 3 required)	(2 required)
Slatework	Gold Leaf/Stencil Work	Operate Factory Machines
Lead/Copper Work	Signwriting	Work & Fix Complicated Stones
	Glazing (measure, cut & fix)
Electrician	Carpenter	Stone Cutters
Data Cabling	Glazing	Competent on all machines
	Rendering/Gyprock	Competent Crane Operation

 

STONEMASONS

 

For the above purposes, complicated stones are those that:

 

Are typified by such properties as having more than one mould/template or having a high degree of marking out or existing in two or more planes.

 

Examples include:

 

baluster dies, finials, gothic mould tracery, stones of exceptional size that require a high degree of accuracy, pediment springers, ramp and twists, dentils, columns and capitols, and stones that require letter cutting.

 

Should there be any disagreement over the classification of the stone the Factory Co-ordinator and Stonemasonry Manager will adjudicate.

 

LABOURERS

 

Should an employee employed as a labourer achieve all the additional competencies set out below for that occupation, competency based promotion to level 4 can occur.  The additional competencies must be exercised in rectification/make good circumstances to a standard such that a specialist tradesperson in the additional competency is not required to make any further rectification work.  The relevant District Manager, Building Group or the Section Manager, Heritage Services, shall conduct assessment and certification of the additional specific competencies for each employee.

 

ADDITIONAL COMPETENCIES FOR LABOURERS:

 

Floor/Wall Tiling

 

Rendering

 

Painting

 

Gyprock/Ceiling Fixing

 

Brickwork

 

Fencing

 

First Aid certificate

 

Should a Department Wages employee Level 3 in receipt of a leading hand allowance achieve competency-based promotion to Level 4, then payment of the leading hand allowance will cease.

 

A Department Wages employee level 2 or 3 in receipt of a leading hand allowance who achieves competency based promotion to Level 4 will not suffer a loss of remuneration.

 

GENERAL

 

Should a Department Wages employee Level 4 in receipt of a leading hand allowance achieve competency based promotion to Level 5, then payment of the leading hand allowance will cease.

 

Should an employee request in writing, and be willing to undertake, the training required to achieve competency based promotion to Wages employee Level 4 or 5 and have that training denied by the Department, then the relevant competency based promotion will be granted 12 months after the original date of the request for training.

 

The Department of Wages employee Level 2, 3 or 4 denied competency based promotion by the relevant District Manager or the Section Managers, Heritage Services shall have rights of appeal against that decision to a panel consisting of the Heritage and Building Services Group Resource Manager, a Section/District Manager other than the maker of the original decision and a nominee of the relevant union.  Should the matter remain unresolved it will be referred to an external assessor.  In all other respects, the appeal process will duplicate that used for promotion appeals within the Heritage and Building Services Group.

 

PART B

 

RATES & ALLOWANCES

 

Rates

 

From the first full pay period on or after 1 July 2021, the rates of pay set out under the heading 2021/22/shall be payable.  These rates represent a 2.04%% wage increase from 1 July 2021.

 

Legend: pf = per fortnight, pw = per week, pd = per day, ph = per hour

 

Table 1 A - Wages Classification and Wage Schedules

 

Item	Award Code	Clause	Description		2020/21	2021/22
Percentage increase for wage and wage related allowances					0.3%	2.04%
1	1279	7.1	Level 1	92%	2,064.70 pf	2106.80 pf
2	1279	7.1	Level 2	95%	2,133.60 pf	2177.10 pf
3	1279	7.1	Level 3	97.50%	2,191.90 pf	2236.60 pf
4	1279	7.1	Level 4	100%	2,244.10 pf	2289.90 pf
5	1279	7.1	Level 5	105%	2,370.70 pf	2419.10 pf
6	1279	7.1	Level 6	110%	2,468.70 pf	2519.10 pf
7	1279	7.1	Level 7	115%	2,581.00 pf	2633.70 pf
8	1279	7.1	Level 8	120%	2,692.90 pf	2747.80 pf
9	1279	7.1	Level 9	126%	2,828.00 pf	2885.70 pf
10	1279	7.1	Level 10 Step 1	133%	2,975.90 pf	3036.60 pf
11	1279	7.1	Level 10 Step 2	135%	3,039.70 pf	3101.70 pf
12	1279	7.1	Level 11 Step 1	139%	3,128.70 pf	3192.50 pf
13	1279	7.1	Level 11 Step 2		3,195.10 pf	3260.30 pf
14	1279	7.1	Level 11 Step 3	147%	3,311.5 pf	3379.10 pf
15	1279	7.1	Level 12 Step 1	152%	3,414.40 pf	3484.10 pf
16	1279	7.1	Level 12 Step 2	156%	3,514.30 pf	3586.00 pf

 

Table 1B - Survey and Spatial Classification and Wage Schedules

 

Item	Award Code	Clause	Description	2020/21	2021/22
Percentage increase for wage and wage related allowances				0.3%	2.04 %
17	2,064.70 pf	7.1	Survey and Spatial	2,064.70 pf	2,106.80 pf
			Classification
			- Level 1
18	2,133.60 pf	7.1	Survey and Spatial	2,133.60 pf	2,177.10 pf
			Classification
			- Level 2
19	2,191.90 pf	7.1	Survey and Spatial	2,191.90 pf	2,236.60 pf
			Classification
			- Level 3
20	2,244.10 pf	7.1	Survey and Spatial	2,244.10 pf	2,289.90 pf
			Classification
			- Level 4

 

Table 1C - Apprentice Classification and Wage Schedules

 

Item	Award	Clause	Description	2020/21	2021/22
	Code
Percentage increase for wage and wage related allowances				0.3%	2.04%
Three Year Program
21	1279	7.1	Apprentice 3 Year 1	1,398.00 pf	1426.50 pf
22	1279	7.1	Apprentice 3 Year 2	1,756.90 pf	1792.70 pf
23	1279	7.1	Apprentice 3 Year 3	2,007.30 pf	2048.20 pf
Four Year Program
24	1279	7.1	Apprentice 4 Year 1	1,091. 20 pf	1113.50 pf
25	1279	7.1	Apprentice 4 Year 2	1,398.00 pf	1426.50 pf
26	1279	7.1	Apprentice 4 Year 3	1,756.90 pf	1792.70 pf
27	1279	7.1	Apprentice 4 Year 4	2,007.30 pf	2048.20 pf

 

Table 2A - Wage Related Allowances

 

Item	Award	2020/21	Description		2020/21		2021/22
	Code
Percentage increase for wage and wage related allowances					0.3%		2.04%
Special Allowances
28	1279	7.4.1	All-purpose special allowance -		150.20 pf		153.30 pf
			Stonemason-carvers
29	1279	7.4.2	All-purpose special allowance -		150.20 pf		153.30 pf
			Electricians
30	1279	7.4.3	All-purpose special allowance -		23.70 pf		24.20 pf
			Plumbers
All Purpose Allowances
31	1279	8.7.3.1	All-purpose allowance - General
			(Heritage and Building Services	62.90 pf		64.20 pf
			Group employees and apprentices
			other than (Slater)/Plumber/Drainer
32	1279	8.7.3.2	All-purpose allowance -
			(Slater)/Plumber/Drainer	70.70 pf		72.10 pf
			employees and apprentices

 

Other Allowances
33	256		Electrician Licence	52.00 pw	53.10 pw
34	256		Plumber, Gasfitters, Drainers	2.60 ph	2.65 ph
			License
35	256		Registration allowance	1.03 pd	1.05 pd
36	256		First Aid allowance	3.65 pd	3.72 pd
37	1279	8.8.1	Thermostatic mixing valves	0.71 ph	0.72 ph
			allowance
38	1279	8.9.1	Driving van allowance	2.90 pd	2.96 pd

 

Table 2B - Expense Related Allowances

 

Item	Award	Clause	Description	2020/21	2021/22
	Code
39	1279	8.6.1.1	Tool Allowance for:
			Carpenter/Joiner	67.10 pf	67.70 pf
			Stonemason-carver
			Stonemason
			Plumber
			Electrician
			Plasterer
40	1279	8.6.1.2	Tool Allowance for:
			Bricklayer	47.90pf	48.30 pf
41	1279	8.6.1.3	Tool Allowance for:
			Slate & Tiler	34.90 pf	35.20 pf
42	1279	8.6.1.4	Tool Allowance for:
			Painter	16.30 pf	16.40 pf
43	1279	8.3.2	Private vehicle use	0.83 per km	0.84 per km
44	1279	8.3	Fares and Travelling Time	26.10 pd	26.33 pd
45			(fares)	15.70 pd	15.85 pd
46			(travelling time)	10.40 pd	10.50 pd
47	1279	8.4.7	Distance work - transporting tools	25.20 pd	25.43 pd
48	1279	8.4.8.1	Distance work - per day	78.10 pd	78.80 pd
49	1279	8.4.8.2	Distance work - per week	546.80 pw	551.70 pw
50	1279	8.5.1	Loss of tools	1945.20 pd	1962.70 pd

 

Method of Adjustment

 

Wages - fortnightly rates

 

Fortnightly wage rates are rounded to the nearest 10 cents, with figures less than 5 cents going to the lower amount, and figures 5 cents or more going to the higher amount.

 

Allowances

 

Wage related allowances (such as a first aid allowance) are increased by 2.04 per cent.

 

Fortnightly and weekly allowances are rounded to the nearest 10 cents, with figures less than 5 cents going to the lower amount, and figures 5 cents or more going to the higher amount. Daily, hourly and per shift allowances are rounded to the nearest cent.

 

Expense related allowances (such as meal and travelling allowances) are in accordance with the Crown Employees (Skilled Trades) Award (Award code 256).

 

 

 

J. WEBSTER, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.