Crown Employees (Planning Officers) Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 178982 of 2021)
|
Before Commissioner Sloan
|
8 November 2021
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
- General
3. General
Conditions of Employment
4. Classifications
and Salary Structures
5. Working
Hours
6. Flex Leave
7. Appeals
Mechanism - Soft Barrier
8. Anti-Discrimination
9. Grievance
and Dispute Resolution Procedures
10. Savings of
Rights
11. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
ANNEXURE A
Planning Flexible Working Hours Agreement 2021
PART A
1. Title
This Award will be known as the Crown Employees (Planning
Officers) Award 2021.
2. Definitions -
General
"Act" means the Government Sector Employment Act 2013.
"Award" means the Crown Employees (Planning
Officers) Award 2021.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Common Salary Point (CSP)" means the salary
points summarised under the CE (Public Service - Salaries) Award.
"Department" means the NSW Department of Planning,
Industry and Environment.
"Director" means an employee of the Department
with management responsibilities for a region, branch, unit
or discrete group of people, who has delegation, as determined from time to
time, to perform some the functions of the Industrial Relations Secretary.
"Group Deputy Secretary, People, Performance and
Culture" means the person in charge of the Human Resource function of the
Department.
"Employee" means and includes all persons employed
from time to time under the provisions of the Government Sector Employment Act 2013.
"Executive Director" means a Public Service Senior
Executive employee of the Department with significant management
responsibilities, heading up a division of the Department, who has delegation,
as determined from time to time, to perform the functions of the Industrial
Relations Secretary.
"Hard Barrier" means a barrier to a higher level
within a classification that can only be accessed by merit through a
competitive selection process.
"Industrial Relations Secretary" means the
Industrial Relations Secretary, as established under the Government Sector Employment Act 2013.
"Normal Work" for the purposes of clause 9, Grievance
and Dispute Resolution Procedures of this Award, means the work carried out in
accordance with the employee’s role or role description at the location where
the employee was employed, at the time the grievance or dispute was notified by
the employee.
"Planning Officer or PO" means a person employed
on an ongoing or temporary basis in the Department either as a full-time or
part-time employee, in any capacity under the provisions Part 4 of the Act,
performing those professional planning including employees on probation. This
does not include the Secretary, statutory appointees or Public Service Senior
Executives employees as defined under the Act.
"Role" means a role pursuant to Part 1, Section
3(1) of the Government Sector Employment
Act 2013.
"Salary Rates" means the ordinary time rate of pay
for the employees grading excluding shift allowance, weekend penalties and all
other allowances not regarded as salary.
"Secretary" means the Department Head of the
Department as listed in Part 1, Schedule 1 Public Service Agencies, of the Act.
"Soft Barrier" means an identified progression
requirement (as distinct from normal incremental progression) to move from one
year to the next within the same level.
This progression is not automatic but based on meeting specific
performance or skill competency requirements as set out in this Award.
"Student Planner" means a person temporarily
employed in the Department either as a full-time or part-time employee, in any
capacity under the provisions of Part 4 of the Act and performing student
planning functions. The student planner must be currently enrolled in
university and studying a relevant degree or discipline.
"Supervisor" means an employee of the Department
with supervisory responsibilities who has delegation, as determined from time
to time, to perform the functions of the Secretary.
3. General Conditions
of Employment
3.1 Except as
otherwise provided by this Award the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 will apply.
3.2 The following
awards and agreements will continue to apply to employees covered by this
Award:
Crown Employees (Transferred Employees Compensation)
Award
Crown Employees (Public Sector - Salaries 2021) Award
or an award replacing it.
3.3 Conditions of
employment other than those fixed by this Award are determined by the Act and
the Government Sector Employment Regulation 2014.
4. Classifications and
Salary Structures
4.1 All Planning
Officers (Professional) will be paid in accordance with the Crown Employees
(Public Sector - Salaries 2021) Award or any award replacing it. The salary
rates applicable to classifications identified in this award are duplicated in
Table 1 - Salaries in Part B of this Award.
4.2 Employees known
as Planning Officers (Professional) will have a title that reflects their
functional responsibility as shown in subclauses 4.5 and 4.12 of this clause.
4.3 No employee is to
be disadvantaged by the application of this Award.
4.4 Increments
Incremental progression for all employees will be
subject to a satisfactory performance report recommending progression other
than for soft barrier progression where set criteria as detailed in this Award
need to be satisfied.
4.5 Planning Officer
(Professional), Levels 1(a) and 1(b)
4.5.1 The Planning
Officer (Professional) classification and salary structure replaces the former
Town Planner/Specialist and Legal Officer classifications for those employees
performing planning functions under this Award.
4.5.2 Employees
eligible to be assigned to a role as a Planning Officer (Professional)
Assignment to a role in the Planning Officer
(Professional) classification requires a university degree qualification or a
qualification deemed by the Secretary to be equivalent except as otherwise
specified in sub-paragraphs (a), b) and (c) of this subclause.
(a) Employees
working directly in property and development activities must have an accredited
property related qualification as well as demonstrated expertise and experience
developed from a range of property disciplines and backgrounds such as but not
limited to engineering, surveying, valuing, real estate, land economics and
architecture.
(b) Roles with
special requirements such as Aboriginality may not require a degree
qualification.
(c) Employees
already assigned to a Planning Officer role on an ongoing basis do not have to
satisfy the tertiary qualification criterion when applying for other Planning
Officer roles.
4.6 Planning Officer
(Professional) Level 1(a)
4.6.1 Roles may be
established as Level 1(a) and where so established assignment to role to Level
1(a) will be through competitive selection.
4.6.2 Planning Officer
(Professional) Level 1 is an entry level classification.
4.6.3 When Level 1(a)
Planning Officers are directed to perform work commensurate with Level 1(b) due
to absences or some other reason, they may be paid at the appropriate higher
rate by way of an allowance for Temporary Assignment to a Higher Role under
Division 4, Clause 20, Government Sector Employment Regulation 2014.
4.7 Planning Officer
(Professional) Level 1(b)
4.7.1 Roles may be
established as Level 1(b) and where so established assignment to role to Level
1(b) will be through competitive selection.
4.7.2 A soft barrier
progression from Level 1(a) Year 5 to Level 1(b), Year 1, is for the purpose of
‘grand fathering’ remaining substantive roles. Where the employee was assigned
as a Planning Officer (Professional) Level 1, Year 1 - 9 (whether before or
after the introduction of Level 1(a) and Level 1(b)) progression will be
conditional on the Secretary being satisfied that the employee has been
employed at Level 1 Year 5 or Level 1(a) Year 5 for at least twelve (12) months
and has demonstrated competency in three or more of the following criteria:
(i) The
ability to work independently and without regular supervision; and/or
(ii) Good
communication skills; and/or
(iii) Well developed
specialist or other skills; and/or
(iv) Project
management skills; and/or
(v) The ability to
provide high quality advice; and
(vi) The demonstrated
ability to identify issues and provide practical options.
4.8 Planning Officer
(Professional) Level 2
Roles may be established as Level 2 and assignment to a
role or progression to Level 2 will be through competitive selection (hard
barrier)
4.9 Planning Officer
(Professional) Level 3
4.9.1 Roles may be
established as Level 3 and assignment to role or
progression to Level 3 will be through competitive selection. (hard barrier)
4.9.2 Progression to Level
3, Year 4 (soft barrier) requires the Secretary being satisfied that the
employee has been employed at Level 3, Year 3 for a period of twelve (12)
months and has demonstrated competency in three or more of the following
criteria:
(i) Management
of employees; and/or
(ii) Strategic
policy/program development and implementation; and/or
(iii) Representing
the Department on substantial matters; and/or
(iv) Project/program
management skills; and/or
(v) Relevant
technical skills.
4.10 Planning Officer (Professional)
Level 4
Roles may be established as Level 4 and assignment to a
role or progression to Level 4 will be through competitive selection (hard
barrier).
4.11 Planning Officer
(Professional) Level 5
Roles may be established as Level 4 and assignment to a
role or progression to Level 4 will be through competitive selection (hard
barrier).
4.12 Student Planners
The commencing salary rate for an employee appointed as
a Student Planner will normally be Year 1 of the Student Planner salary rates set
out in Table 1 - Salaries of Part B, Monetary Rates of this Award.
5. Working Hours
5.1 These conditions
will be determined and may be varied by local arrangement in terms of clause 10
of the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009. Working hours of Planning Officers
under clause 4 of this Award will be covered by the Planning Flexible Working
Hours Agreement 2021 or its successor.
5.2 An employee, if
directed to work or travel outside the usual hours of duty may be entitled to
the ‘Overtime’ provisions or the ‘Excess travelling time’ provisions of the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009.
5.3 A flexible and
adaptable approach to working hours will be adopted to meet peak demands, out
of hours client demands, and the personal circumstances of employees of the
Department.
5.4 Flexible working
hours will only be available on the condition that an adequate service is maintained at all times. Services provided by the
Department will not be withdrawn to accommodate the absence of employees under
any flexible working hours arrangements.
5.5 At all times,
the business needs of the Department must have priority.
6. Flex Leave
The Flexible leave entitlements in Annexure A to this Award
have been developed in recognition of the additional hours worked to meet the
needs of the Department. Hours worked and flex leave taken are at the
convenience of both the Department and the employee. The working hours of
employees are those prescribed in the Planning Flexible Working Hours Agreement
2021.
7. Appeals Mechanism -
Soft Barrier
7.1 An employee has
the right to appeal any decision made by the Department in relation to a soft
barrier progression under the provisions of this Award.
7.2 Employees will
submit a written submission outlining their case to the Group Deputy Secretary,
People, Performance and Culture within 28 days of the written notification of
the decision.
7.3 The Group Deputy
Secretary, People, Performance and Culture or their delegate will convene and
chair an appeals committee made up of (in addition to the convenor) one Management
representative who was not a party to the decision, one representative
nominated by the Association and one peer who is acceptable to both Management
and the Association.
7.4 The appeal will
be heard within 28 days of the submission being lodged and the recommendation
of the committee will be forwarded to the Secretary or delegate for approval.
7.5 The decision of
the Secretary or delegate will be forwarded to the employee concerned within
seven (7) working days of the appeal being heard.
7.6 This appeals
mechanism does not cover matters that are properly dealt with by the NSW
Industrial Relations Commission or the Department’s grievance handling policy.
7.7 In the event the
appeal committee cannot reach a majority decision the matter will be decided by
the Secretary or delegate.
8. Anti-Discrimination
8.1 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, responsibilities as a carer.
8.2 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.
8.3 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.
8.4 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 less than 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.
8.5 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.
8.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
8.7 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."
9. Grievance and
Dispute Settling Procedures
9.1 All grievances
and disputes relating to the provisions of this Award will initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
department, if required.
9.2 An employee is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a
meeting to discuss the matter, and if possible, state the remedy sought.
9.3 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 Secretary or delegate.
9.4 The immediate
manager, or other appropriate employee, will convene a meeting in order to resolve the grievance, dispute or difficulty
within two (2) working days, or as soon as practicable, of the matter being
brought to their attention.
9.5 If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in
order to resolve the matter. This
manager will respond within two (2) working days, or as soon as
practicable. The employee may pursue the
sequence of reference to successive levels of management until the matter is
referred to the Secretary.
9.6 The Secretary
may refer the matter to the Industrial Relations Secretary for consideration.
9.7 If the matter
remains unresolved, the Secretary will provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
9.8 An employee, at
any stage, may request to be represented by the Association.
9.9 The employee or
the Association on their behalf or the Secretary may refer the matter to the
NSW Industrial Relations Commission if the matter is unresolved following the
use of these procedures.
9.10 The employee,
Association, Department and, Industrial Relations Secretary must agree to be bound
by any order or determination by the NSW Industrial Relations Commission in
relation to the dispute.
9.11 Whilst the
procedures outlined in subclauses 9.1 to 9.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty will continue unless otherwise agreed between the parties, or, in
the case involving work health and safety, if practicable, normal work will
proceed in a manner which avoids any risk to the health and safety of any
employee or member of the public.
10. Savings of Rights
10.1 At the time of
the making of this Award no employee covered by this Award will suffer a
reduction in his or her rate of pay or any loss or diminution in his or her
conditions of employment as a consequence of the making of this Award.
10.2 Should there be a
variation to the Crown Employees (Public Sector - Salaries 2019) Award or an Award
replacing that Award employees of the Department will maintain the same salary
relationship to the rest of the public service.
Any such salary increase will be reflected in this Award either by
variation to it or by the making of a new Award.
11. Area, Incidence
and Duration
11.1 This Award will
apply to those employees of the NSW Department of Planning, Industry and
Environment employed in classifications as listed in clause 4, Classification
and Salary Structures of the Award.
11.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Planning Officers) Award 2016
published 17 April 2020 (387 I.G. 674), as reviewed.
11.3 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 30 November 2021
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
This award is listed in Schedule A of the Crown Employees
(Public Sector - Salaries 2021) Award and salaries payable to employees must be
in accordance with that award or any award replacing it. The rates set out in
Part B, Table 1 are subject to the rates as set by the Crown Employees (Public
Sector - Salaries 2021) Award or any award replacing it.
Operative from the beginning of the first full pay period to
commence on or after 1.7.2021.
|
Classification
|
|
1 July 2021
|
|
|
|
Per Annum
|
|
|
|
$
|
|
Student Planner
|
|
2.04%
|
|
Year 1
|
CSP 23
|
$54,049
|
|
Year 2
|
CSP 28
|
$56,394
|
|
Year 3
|
CSP 32
|
$58,481
|
|
Year 4
|
CSP 40
|
$62,839
|
|
|
|
|
PLANNING OFFICER (PROFESSIONAL) - Level 1(a)
|
|
|
|
Year 1
|
CSP 59
|
$74,893
|
|
Year 2
|
CSP 69
|
$82,690
|
|
Year 3
|
CSP 76
|
$88,457
|
|
Year 4
|
CSP 80
|
$91,964
|
|
Year 5
|
CSP 84
|
$95,539
|
|
Soft barrier progression (clause 4.7.2)
|
|
|
|
PLANNING OFFICER (PROFESSIONAL) - Level 1(b)
|
|
|
|
Year 1
|
CSP 90
|
$101,427
|
|
Year 2
|
CSP 94
|
$105,559
|
|
Year 3
|
CSP 97
|
$108,874
|
|
Year 4
|
-
|
$114,291
|
|
|
|
|
PLANNING OFFICER (PROFESSIONAL) - Level 2
|
|
|
|
Year 1
|
CSP 108
|
$121,288
|
|
Year 2
|
-
|
$124,804
|
|
Year 3
|
CSP115
|
$129,819
|
|
|
|
|
PLANNING OFFICER (PROFESSIONAL - Level 3
|
|
|
|
Year 1
|
CSP 117
|
$132,395
|
|
Year 2
|
-
|
$137,946
|
|
Year 3
|
CSP 124
|
$142,087
|
|
Soft barrier progression (clause 4.9.2)
|
|
|
|
Year 4
|
CSP 128
|
$148,270
|
|
Year 5
|
-
|
$154,181
|
|
|
|
|
PLANNING OFFICER (PROFESSIONAL) - Level 4
|
|
|
|
Year 1
|
-
|
$169,984
|
|
Year 2
|
-
|
$177,106
|
|
Year 3
|
-
|
$184,371
|
|
|
|
|
PLANNING OFFICER (PROFESSIONAL) - Level 5
|
|
|
|
Year 1
|
-
|
$194,157
|
|
Year 2
|
-
|
$198,988
|
APPENDIX A
PLANNING FLEXIBLE WORKING HOURS AGREEMENT 2021
1. Title of the
Agreement
This Agreement will be known as the Planning Flexible
Working Hours Agreement 2021.
2. Arrangements
Clause No. Subject Matter
1. Title of
the Agreement
2. Arrangements
3. Definitions
4. Parties
5. Area,
incidence, duration and purpose
6. Ordinary
hours
7. Contract
hours
8. Business
hours
9. Staffing
levels and rosters
10. Bandwidth
11. Core time
12. Varying
hours of duty
13. Settlement
period
14. Principles
underlying flex leave and banking of accrued flex leave
15. Flex leave
16. Flex leave
arrangements (Banking of flex leave)
17. Meal breaks
18. Accumulation,
carry over and compensation for full-time employees
19. Pro-rata
flex leave accumulations and carry over for art-time employees
20. Transfers
21. Breaches of
flexible working hours arrangements
22. Termination
of service
23. Grievance
Management
3. Definitions
"The Department" means the NSW Department of
Planning, Industry and Environment.
"Employees" means all employees employed under the
Government Sector Employment Act 2013
with the exception of those employed under Part 4,
Division 4 - Public Service Senior Executives.
"Part-time employee" means any employee whose ordinary
hours of work are less than 140 hours per settlement period.
"Flexible Working Hours" - for the purposes of
this Agreement, flexible working hours hereinafter referred to as flex time, is
a system of attendance at an office or worksites of the Department within which
an individual employee may select their starting and finishing time on each
normal working day, subject to the concurrence of the Department, and in
accordance with conditions set out in this Agreement.
"Union" means The Public Service Association and
Professional Officers’ Association Amalgamated Union of New South Wales.
"Award" means the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009.
4. Parties
The parties to this Agreement are:
(i) The
Public Service Association and Professional Officers’ Association Amalgamated
Union of New South Wales;
(ii) The NSW
Department of Planning, Industry and Environment
(iii) The Industrial
Relations Secretary
The parties will co-operate in the monitoring of the operation
of the Agreement by bringing identified operational and administrative
problems, and any matters which cannot be resolved in the first instance at the
workplace level, to the Department’s Joint Consultative Committee.
5. Area, Incidence,
Duration and Purpose
This Agreement is made pursuant to clause 10, Local
Arrangements of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009, with the approval of the Industrial Relations Secretary,
between the NSW Department of Planning, Industry and Environment on the one
part, and the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales on the other part.
It replaces in part clause 11, Working Hours, of the Award.
Unless otherwise stated in this Agreement, any remaining provisions of clause
11of the aforementioned Award remain unaffected by
this Agreement and will continue to apply for the nominal term. To the extent
that any part of this Agreement conflicts with clause 11, this Agreement will
prevail. This Agreement is to be read in conjunction with clauses 5 and 6 of
the Crown Employees (Planning Officers) Award 2021.
The Agreement will take effect on and from 7th day of July
2008 and will remain in force for a period of twenty four
months unless varied or terminated by consent earlier. The Agreement will
continue to operate after the termination date unless varied by consent, or terminated by the provision of 3 months' notice
by either party.
The parties to this Agreement are committed to the
facilitation of an equitable arrangement for all employees employed by the
Department to access, and utilise accumulated credit hours over and above their
contract hours, as far as practicable, and arrange for the equitable
administration of this Agreement throughout the Department.
The Department will endeavour to ensure that staffing levels
and work rosters are adequate to ensure that employees have access to the
provisions of the Agreement. The Union will ensure that employees co-operate by
working within the operational requirements of the Department.
6. Ordinary Hours
For employees employed under the Government Sector Employment Act 2013 the ordinary working hours
for:
(i) Full-time
employees are 7 hours per day, 35 hours per week (140 hours per 4 week settlement period).
(ii) Part-time
employees will be set out in their part-time arrangements. (These arrangements
are agreed to and documented.)
Employees who do not wish to work additional hours will
suffer no discrimination or disadvantage.
7. Contract Hours
Contract hours are the minimum hours for which an employee
would be required to be on duty during a settlement period. For the purposes of
this Agreement the minimum contract hours required of a full-time employee for
a settlement period will be 140 hours. Contract hours for part-time employees
will be set out in their documented part-time arrangements.
8. Business Hours
Business hours are the span of hours during which the
Department offices are open to members of the public, normally 9:30 am to 4:30
pm.
9. Staffing Levels and
Rosters
(i) The
Department will ensure, and the Union will co-operate in the necessary
arrangements, that adequate staffing levels are maintained during business hours
to ensure a full range of client services are available during business hours.
(ii) Managers and
employees in individual offices or work sites of the Department may negotiate a
roster system to ensure the equitable management of the flex time and/or flex
leave system, so that no individual employee is disadvantaged in anyway in
relation to the operation of this Agreement.
(iii) Where formal roster
arrangements are introduced or are already in operation, those roster
arrangements, and the operation of the roster, will be negotiated between the
responsible manager or supervisor and the employees concerned. Employees
involved may request a Union delegate to assist with the negotiation of roster
arrangements, if required.
(iv) As far as
practicable a timetable for roster arrangements, and operation of the roster
for a period of three (3) months or more should be negotiated.
10. Bandwidth
(i) The
bandwidth (span of hours) operating during the term of this Agreement for
normal working days will be between the hours of 7:00 am and 6:30 pm.
(ii) The bandwidth
may be varied by agreement with the appropriate director and the employee in a
particular workgroup, unit, branch, region or
directorate to suit operational, climatic needs or with specific individuals to
assist with care responsibilities or other needs.
(iii) An employee may
select their starting and finishing times within the bandwidth subject to core
time provisions and the Department’s concurrence.
(iv) Any time worked
during a settlement period before or after the bandwidth, unless otherwise
stated in this Agreement, will not be credited to the employee in any
calculation of accumulated credit hours.
(v) An employee
who, for personal or family circumstances wishes to work outside the bandwidth
or core time stated in Clause 11 on either a temporary or ongoing arrangement
will apply to the appropriate executive director or director, in writing, for
approval. Such arrangements made at the employee’s request, will not attract
any additional penalty rate payment.
11. Core Time
Core time is that period of the working day when all
employees are required to be on duty unless on lunch break or approved leave.
The standard core time which will apply to all employees is
9:30 am to 3:30 pm.
Whilst employees need to attend the workplace only between
9:30 am and 3:30 pm, managers/supervisors and employees may negotiate a roster
system to ensure equitable management of adequate employee levels during office
hours to ensure a full range of client services are available during business
hours (stipulated in Clause 8) and as stated in Clause 9 of this Agreement
which provides for staffing levels and rosters.
Rosters should be reviewed at three (3) monthly intervals or
at the request of individual employees.
In recognising that employees may need to meet their care
responsibilities or other needs as well as the operational needs of the
Department, any variation must be approved by branch managers. Approvals should
be written and are to be reviewed every six (6) months or earlier at the
request of the employee.
12. Varying Hours of
Duties
Where an employee as a result of their care
responsibilities, or urgent personal reasons is unable to observe the general
hours operating in the Department, the employee may request a variation to
their hours of attendance on a one off, short or long term subject to the
following:
(i) the
variation does not adversely affect the operational requirements;
(ii) variation in
hours are the result of consultation between a manager and an employee;
(iii) flexitime debit
or credit hours are met at the end of the settlement period where applicable;
(iv) ongoing
arrangements are documented;
(v) no overtime or
meal allowances are made to an employee as a result of an agreement to vary the
hours;
(vi) a lunch break of
one hour is available to an employee, unless an employee elects to reduce the
break to not less than thirty (30) minutes; and
(vii) the variation is
approved by the manager.
13. Settlement Period
The 4 week period in which time is
recorded commences on a Monday and concludes on a Friday.
14. Principles
Underlying Flex Leave and Banking of Accrued Flex Leave
(i) The
parties to this Agreement acknowledge that there is a need for the manager or
supervisor and employees to plan work. Tools such as a performance management
system help with the planning of work. Managers and supervisors in consultation
with employees, need to plan the hours to be worked in a settlement period, the
flex leave to be taken in a settlement period, and the estimated additional
paid hours of work in a particular settlement period.
(ii) In planning
working hours, account will be taken of past working hours and arrangements and
agreement by the employee/workgroup, manager or supervisor on the estimated
time required to satisfactorily undertake prescribed duties. Planning for these
tasks will be on a regular basis, and any significant variation in estimated
time will be identified by either the manager or employee and the plan jointly
revised.
(iii) All significant
variations to the agreed estimated time to satisfactorily undertake prescribed
duties will be agreed between the employee and manager prior to the time being
worked.
15. Flex Leave
(i) All
flex leave granted will be at the convenience of the Department and the
requirements of the Department’s clients and the public. Requests for flex
leave should be discussed and negotiated between an employee and their
supervisor, reasonable notice should be given and
their supervisor’s approval obtained prior to proceeding on flex leave. This
includes flex leave taken during transport disruptions or other emergencies.
(ii) Flex leave may
be taken as two (2) full days or four (4) half days or a combination of full
and half days to a maximum of two days during a settlement period.
(iii) It is not
necessary for an employee to have a credit balance when taking flex leave.
(iv) An employee
working under an agreed roster may be rostered to take a flex leave entitlement
on an identified normal working day, or days, during the roster period.
(v) Flex leave may
be taken immediately before, and/or after, a period of recreation leave and any other form of approved paid leave.
(vi) Flex leave may
be taken on consecutive working days, irrespective of whether these days are in
different settlement periods.
(vii) An employee may
be requested by their manager to take flex leave if the maximum credit accrual
is likely to be exceeded during or by the end of a settlement period.
(viii) An employee will
not be able to access banked flex days in instances whereby their recreation
balance exceeds forty (40) days.
16. Flex Leave
Arrangements - Banking of Flex Leave
In a number of instances workload
demands will require employees to work long hours thus accruing significant
extra flex credits. In order to achieve some compensation for employees who
work extra hours, the following provision for the banking of flex leave will
apply: These instances could include but are not necessarily limited to,
budgeting, business planning, end of financial year, and emergency service
activities.
(i) Prior
agreement on workload constraints should be reached between the employee and
manager or supervisor in order for the employee to
bank a flex day.
(ii) Where workload
demands have prevented an employee from taking flex leave (as provided for in
Clause 15 (ii)) an employee may apply to bank the flex leave that was not taken
- either a full or half day. The remaining hours of credit should be added to
the normal flex credit.
(iii) An employee
does not have to be in credit to bank flex leave. When banking a full day flex
leave an employee must not be more than three hours in debit. When banking a
half day flex an employee must not be more than six and a half (6 1/2) hours in
debit at the end of the settlement period. That is, the total debit may not
exceed ten (10) hours.
(iv) All flex leave
banked is required to be in half or full days, subject to clause (ii) above.
(v) Up to two (2)
flex days may be accrued and banked per settlement period. Subject to clause
(ii) above.
(vi) An employee may
bank up to a maximum of five (5) days (thirty-five (35) hours), which can be
taken at a mutually convenient time, if the employee’s
recreation balance is less than forty (40) days.
(vii) Banked flex
leave can be taken in conjunction with other forms of approved paid leave.
(vii) In addition to
the entitlements under Clause 17.3.3 of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009, any banked flexi leave may be
taken during transport disruptions or other emergencies.
17. Meal Breaks
(i) An
employee will be required to take a meal break not more than five (5) hours
after commencing work, or before 2:00 pm. whichever is the earlier.
(ii) An employee
will be entitled to a meal break of one (1) hour. Consultation with a
manager/supervisor is necessary for a meal break in excess of
this time.
(iii) The minimum
meal break permitted is thirty (30) minutes.
(iv) The maximum meal
break permitted is two and half (2 1/2) hours during the span of 11:30 am to
2:30 pm.
18. Accumulation and
Carry Over for Full-Time Employees
(i) An
employee may accumulate credit or debit hours throughout a settlement period, and
carry forward credit and debit hours between settlement periods provided that
at the end of a settlement period the number of credit hours does not exceed
ten (10) hours or debit hours does not exceed ten (10) hours.
(ii) When an
employee’s accumulation of debit hours exceeds ten (10) hours at the end of a
settlement period, the excess debit hours will be debited against any banked
flex leave, or if none is available, accrued recreation leave, or if no such
leave is available, debited as leave without pay.
(iii) When an
employee’s accumulation of credit hours exceeds ten (10) hours at the end of a
settlement period, the excess credit hours may be banked subject to Clause 16
above. Where the employee already has thirty five (35)
hour banked any additional hours will be forfeited.
(iv) The Department
will make every effort to ensure that an employee does not consistently forfeit
excess credit hours at the conclusion of settlement periods as
a result of requests for flexi leave being refused.
19. Pro-Rata Flex
Leave Accumulation and Carry Over for Part-Time Employees
(i) An
employee who is employed under a part-time work arrangement which does not require
fixed starting or finishing times on all the normal working days may accrue up
to the maximum pro-rata accumulated credit and debit entitlements under this
Agreement.
Example: An employee who works twenty eight (28) hours
per week would be entitled to accumulate a maximum credit or debit of eight (8)
hours at the end of the settlement period i.e. normal carry - normal hours x
actual hours (10/35 x 28) = 8.
(ii) Contract hours
for an employee working under a part-time Agreement will be calculated on the
total number of agreed hours to be worked in a settlement period.
Example: An employee who works twenty-one (21) hours
per week - their contract hours will be eighty-four (84) hours per settlement
period i.e. actual hours worked x 4 (21 x 4) = 84.
(iii) An employee who
elects to change from full-time to part-time work, by agreement may be
permitted to exhaust accumulated flex leave entitlements prior to commencing
part-time work, or have any existing accumulated
credit balance carried over. Future entitlements for flex leave from this
accumulated credit hour balance carry over will be calculated on the basis of full-time work until exhausted.
(iv) An employee who
changes from part-time to full-time employment by agreement may be permitted to
exhaust accumulated flex leave entitlements prior to commencing full-time work,
or carry over the entitlement, which continues until exhausted.
(v) A part-time
employee working under flexible working hours arrangements may be entitled to
up to two (2) full days or four (4) half days or a combination of full and half
days to a maximum of two (2) days during a settlement period with the approval
of their manager. The flex leave to cover the flex
absence/s is the actual time absent from work.
Example: An employee who works twenty-eight (28) hours
per week - i.e. seven (7) hours per day, four (4) days a week, the flex leave
entitlement to cover one (1) days flex leave is seven (7) hours.
20. Transfers
An employee of the Department who transfers to another
Department may transfer only ten (10) accumulated credit hours, if an employee
has in excess of ten (10) hours an effort should be made to take the
appropriate flex leave prior to transferring in order to reduce excess credit.
21. Breaches of
Flexible Working Hours Arrangements
The Executive Directors, or Directors may only direct an
employee to work standard hours where it is proven the employee has breached a
provision of this Agreement, the remaining operative sub-clauses of clause 11,
Working Hours of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 or an established administrative arrangement of the
Department in connection with the operation of flexible working hours which was
in operation at the time this Agreement was made.
22. Termination of
Employment
(i) The
Department will ensure as far as practicable, that an employee is given the opportunity
to eliminate accumulated credit hours, to the limits prescribed in Clause 18,
by way of flex leave prior to the completion of their last day of employment
with the Department through resignation or retirement.
(ii) The Department
will debit an employee’s accumulated recreation leave or extended leave
(minimum of a quarter day), or monies owing, against debit hours accumulated by
an employee at the completion of the last day of employment with the
Department.
23. Grievance
Management of the Flexible Working Agreement
Employees who are in conflict or have a grievance with the
coverage of this Agreement should use the procedures identified in the
Department’s grievance handling policy.
D. SLOAN, Commissioner
____________________
Printed by the authority
of the Industrial Registrar.