Crown Employees (Department of Industry, Skills and
Regional Development) Mine Safety and Environment Officers Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 163642 of 2021)
|
Before Commissioner Sloan
|
25 November 2021
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Preamble
3. Definitions
4. Parties to
the Award
5. Salaries
6. Scope of
Employment
7. Assignment
of Officers
8. Progression
of Officers
9. Mine
Safety and Environment Committee
10. Review of
Qualifications and Competencies
11. Qualifications,
Competencies and Capabilities - Acquisition and Maintenance
12. Hours of
Duty
13. Mine
Backshift Inspections
14. Overtime,
On Call and Call Out Arrangements
15. Grading and
Evaluation of Roles
16. Department
Induction Seminars
17. Grievance
and Dispute Settling Procedures
18. Anti-Discrimination
19. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
SCHEDULES
Schedule 1 - Appropriate Qualifications
Schedule 2 - Statutory Requirements, Tertiary Qualifications
and Competency-based Training Programme
PART A
1. Title
This award will be known as the Crown Employees (Department
of Regional NSW) Mine Safety and Environment Officers Award.
2. Preamble
This award is made in recognition by the parties of the
major structural reform resulting from the implementation of the Mine Safety
Review Report tabled in the NSW Parliament on 9 April 1997. The award also
recognises:
changes in duties, work practices, responsibilities, accountabilities;
assignment to roles and promotion based on the acquisition
of competencies and capabilities;
creation of the classification of Mine Safety Officer;
separation of the work health and safety and environmental
functions; and
in establishing rates of pay in this award, regard has been
had to the rates of pay applicable to the mining industry,
for officers employed under the award.
This award has been retitled to the Crown Employees (Department
of Regional NSW) Mine Safety and Environmental Officers Award following the
Administrative Arrangements (Administrative Changes- Regional NSW and
Independent Planning Commission) Order 2020 whereby staff in the Department of
Planning, Industry and Environment were transferred to the Department of
Regional NSW.
3. Definitions
(i) "Act"
means the Government Sector Employment Act 2013.
(ii) "Appropriate
Qualifications" are those qualifications relevant to the classifications
under this award, which are:
required by officers in order to fulfil the
Department’s responsibilities under the Work Health and Safety Act 2011
and the Work Health and Safety (Mines and Petroleum Sites) Act 2013 or
any relevant legislation enacted by the NSW Parliament during the term of this
award; or
from time to time identified and agreed as appropriate
by the Secretary, following a review carried out by the Mine Safety and
Environment Committee in accordance with clause 10, Review of Qualifications,
Competencies and Capabilities; or
otherwise recognised for progression purposes by the
Secretary, in accordance with subclause (3) of clause 8, Progression of
Officers.
Current qualifications deemed appropriate to be held by
officers under this award are set out in Schedule 1.
(iii) "Association"
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
(iv) "Backshift",
for the purpose of this award, is a mine-working shift which either commences
or finishes outside the Department’s business hours of 8.30 a.m. and 4.30 p.m.,
Monday to Friday.
(v) "Committee"
means the Mine Safety and Environment Committee comprising the Director, or
nominee, two Grade 4 Inspectors and three representatives of the Association or
as otherwise comprised by agreement between the Department and the Association
with the functions and responsibilities described in clause 9, Mine Safety and
Environment Committee.
(vi) "Department"
means the Department of Regional NSW, as specified in Schedule 1, Part 1, of
the Government Sector Employment Act 2013.
(vii) "Director"
means the Director of Mine Safety Operations.
(viii) "Industrial
Relations Secretary" means the Secretary of the Department of Premier and
Cabinet, or as otherwise defined in s49(1) of the Government Sector
Employment Act 2013.
(ix) "Inspector"
means and includes all persons employed as ongoing full time, ongoing part time
or temporary basis under the provisions of the Government Sector Employment
Act 2013 who are assigned to a role of Inspector of Coal Mines, Inspector
of Mines (Metalliferous), Electrical Inspectors and Mechanical Inspectors with
the Department as described in the Work Health and Safety Act 2011 and
the Work Health and Safety (Mines and Petroleum Sites) Act 2013, or may be classified as an Inspector or
described by a new definition or description resulting from a variation or
amendment to the aforesaid Act and Regulation, or by new or other legislation.
(x) "Job
Evaluation" means an accredited system agreed to between the parties, to
grade the roles of officers employed under this award.
(xi) "Mine",
for the purposes of this award, is the description contained in the Work
Health and Safety Act 2011 and the Work Health and Safety (Mines and
Petroleum Sites) Act 2013.
(xii) "Normal
Work", for the purposes of clause 17, Grievance and Dispute Settling
Procedures, will be work carried out in accordance with the officer’s position
or role description at the location where the officer was employed at the time
the grievance or dispute was notified by the officer.
(xiii) "Normal
Working Hours" are the ordinary hours of work performed in accordance with
clause 12, Hours of Duty.
(xiv) "Officer"
means for the purpose of this award, includes all persons ongoing or
temporarily employed under the provisions of the Government Sector
Employment Act 2013 who are assigned to roles classified under this award
in the Department of Regional NSW.
(xv) "Public
Service" means the Public Service of New South Wales as defined in the Government
Sector Employment Act 2013.
(xvi) "Role"
means a role assigned to an officer under the provisions of the Government
Sector Employment Act 2013, Government Sector Employment Regulation 2014 and the Government Sector Employment (General) Rules
2014.
(xvii) "Salary
Rates" means the ordinary-time rate of pay for the officer's grading and
includes allowances for work conducted during a mine backshift, and for being
on call outside normal working hours for the Grade 2, 3 and 4 officers
described in subclause (1) of clause 12, Hours of Duty.
(xviii) "Secretary"
means the Secretary of the Department of Regional NSW.
(xix) "Service"
means continuous service
4. Parties to the
Award
The parties to this award are the Industrial Relations
Secretary and the Association.
5. Salaries
This award is listed in Schedule A
of the Crown Employees (Public Sector - Salaries 2021) Award and salaries payable
to employees will be in accordance with that award or any award replacing it.
The rates set out in Table 1 - Salaries, of Part B, Monetary Rates are subject
to the rates as set by the Crown Employees (Public Sector - Salaries 2021)
Award or any award replacing it.
6. Scope of Employment
(1) Employment will
be either on an ongoing full-time, ongoing part-time, ongoing part-time (on
part-time leave without pay), or ongoing part-time (with part-time maternity
leave) basis. Temporary staff may be employed as Inspectors should the need
arise.
(2) Staff members
may be required to undertake the full range of related work activities within
the classification, capabilities and grading of their
assigned role.
7. Assignment of
Officers
An assignment to any role covered by this award will be
subject to a staff member satisfying the requirements of the Government
Sector Employment Act 2013, the Government Sector Employment Regulation
2014, the Government Sector Employment (General) Rules 2014, Work Health and
Safety Act 2011 and the Work Health and Safety (Mines and Petroleum
Sites) Act 2013, or as may be otherwise determined or prescribed by
legislation enacted by the NSW Parliament, or in accordance with the
recommendations of the Mine Safety Review.
8. Progression of
Officers
(1) Progression
Between Grades - Progression of officers between each Grade in this award will
be on the basis of merit selection, and subject to a vacancy, provided officers
meet the qualifications criteria and capabilities listed in Schedule 1
applicable to the Grade to which they are assigned, or as otherwise determined
in accordance with paragraph (a) of subclause (3) of this clause.
(2) Progression
Within Grades - Progression of officers within a Grade of this award will be subject
to completion of 12 months' satisfactory service and the ability to undertake
the capabilities outlined in the role description at each level within a Grade,
with the following exceptions:
(a) Officers who
have completed 12 months' satisfactory service at Grade 1 Level 7 will only
progress to Grade 1 Level 8 if they possess the qualifications prescribed in
Schedule 1, or have their qualifications, competencies and capabilities
accepted for progression from Grade 1 Level 7 to Grade 1 Level 8, in accordance
with subclause (2) of clause 10, Review of Qualifications, Competencies and
Capabilities.
(3) Progression of
Grade 1 Officers following a Qualifications, Competencies and Capabilities
Review-
(a) An officer may
apply to the Director in writing to request a review of their qualifications, competencies and capabilities for progression from Grade 1
Level 7 to Grade 1 Level 8. Following receipt of the officer’s application, the
Director will convene a meeting of the Committee established in accordance with
clause 9, Mine Safety and Environment Committee, to consider an officer’s
qualifications, not listed in Schedule 1, or to determine whether an officer
possesses the competencies and capabilities described in Schedule 2, and the
relevant experience required, for progression to Grade 1 Level 8.
(b) The Committee
will review the officer’s application for progression in accordance with
procedures and timeframe established by the Committee, subject to the
provisions of the Act in consultation with the officer and make recommendations
to the Secretary.
(c) The Secretary
may approve, or not approve, the Committee’s recommendation on an officer’s qualifications
within 15 working days of receipt of the Committee’s report.
The Secretary will provide officers who fail to have
their qualifications accepted for progression with written grounds and reasons
for the decision within 15 working days of the determination.
(d) The date of
progression for an officer from Grade 1 Level 7 to Grade 1 Level 8, recommended
for progression in accordance with this subclause, will be:
(i) in
accordance with paragraph (a) of subclause (2) of this clause; or
(ii) following any
lawful order or determination by the Industrial Relations Commission of New
South Wales.
(e) Nothing in this
clause will prevent the Secretary progressing any officer(s) from Grade 1 Level
7 to Grade 1 Level 8, who meets any new, varied, amended or otherwise altered
qualifications introduced after this award is made, in accordance with
legislation enacted by the NSW Parliament.
9. Mine Safety and
Environment Committee
(1) A Mine Safety
and Environment Committee will be formed by the parties to this award, with the
following functions and responsibilities:
(a) The Committee
will act as a forum of consultation between the Department and Association, and
for:
(b) the development
of a team structure and team management approach to the organisation of
officers’ work and the discharge of their responsibilities and capabilities:
(i) officers’
Performance Development Plan, trialling, review and implementation;
(ii) the review of
officers’ work practices; and
(iii) the
development, implementation, and ongoing review of training, professional
development, competency units and elements, competency curriculum development,
competencies acquisition, competency assessment, and competency maintenance
programs, considered appropriate for officers employed under this award; and
(c) a review of
appropriate qualifications, competencies and capabilities for the assignment,
progression and promotion of officers employed under this award in accordance
with clause 10, Review of Qualifications and Competencies.
(2) The Committee
will meet every month, or as otherwise agreed between the parties to this
award, or as otherwise required in accordance with this clause, paragraph (a)
of subclause (3) of clause 8, Progression of Officers, or the said clause 10. The business of the meeting will be conducted
as follows:
(a) The Director,
or nominee, will be the Committee chairperson.
(b) The Department
will provide a person, other than a management representative, to record the
Committee’s minutes. Minutes will be circulated to Committee members within 10
working days of each meeting.
(c) A draft
Committee agenda will be circulated at least seven working days, or as
otherwise agreed by the Committee, prior to a Committee meeting. Agenda items
will be accepted up until two working days prior to a meeting.
(d) The Committee
will, as far as possible, attempt to reach decisions and resolve outstanding
issues by consensus.
(e) The Committee
may co-opt any other officer employed by the Department or invite any person to
assist the Committee in carrying out its functions and responsibilities or to
assist in resolving a grievance or dispute. The Committee will make
recommendations to the Secretary arising from its functions and
responsibilities.
(3) If a dispute or
grievance between representatives on the Committee remains unresolved, the
Association and Department representatives will attempt to resolve a grievance
or dispute with the Secretary, and in accordance with clause 17, Grievance and
Dispute Settling Procedures.
10. Review of
Qualifications and Competencies
(1) The Committee
will review the suitability of existing and future qualifications, competencies
and/or capabilities for the assignment and progression of officers employed by
the Department.
(a) The Secretary
will receive recommendations agreed to by the Committee before making a decision to:
(i) vary,
amend, or otherwise alter qualifications, competencies or capabilities for
officers employed under this award listed in Schedules 1 and 2, respectively;
or
(ii) identify new
competency requirements for any group of officers employed under this award;
and
all such matters will be determined within three
calendar months, or as otherwise agreed to by the Committee.
(2) The Committee
will also make recommendations to the Secretary:
(a) to recognise,
or not recognise, an officer’s qualifications, competencies or capability for progression
from Grade 1 Level 7 to Grade 1 Level 8, following a review of the officer’s
qualifications, competencies or capabilities in accordance with the provisions
of paragraph (a) of subclause (3) of clause 8, Progression of Officers; and
(b) on resolving any
difficulty, grievance, dispute or special
circumstances related to the acquisition or maintenance of qualifications,
competencies or capabilities by any officer employed under this award.
11. Qualifications,
Competencies and Capabilities - Acquisition and Maintenance
(1) The Secretary
will, subject to the provisions of the Act and the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009 as varied or replaced, be
responsible for providing suitable study leave arrangements for officers to
either acquire qualifications prescribed in Schedule 1, or determined by the
Committee in accordance with clause 10, Review of Qualifications, Competencies
and Capabilities, for:
(a) an officer’s
progression, within a grade, in accordance with paragraph (a) of subclause (2)
or paragraph (a) of subclause (3) of clause 8, Progression of Officers; or
(b) an officer to be
eligible for promotion to a higher grade.
(2) The Secretary
will grant paid study leave necessary for officers to maintain any
qualifications, competencies or capabilities for the officers to comply with
any legislative requirement imposed on an officer in the Government Sector
Employment Act 2013, Work Health and Safety Act 2011 and the Work
Health and Safety (Mines and Petroleum Sites) Act 2013 or any new
legislation related to the officers regulating either safety and/or
environmental standards at mine sites in NSW, or work health and safety for
persons employed in the mining industry in NSW.
(3) An officer who
has not acquired, or maintained, competencies or capabilities which are
required in Schedule 2, through circumstances beyond their control, will
continue to be employed at the same Grade and Level, and have their service
recognised, for a maximum of 12 months.
12. Hours of Duty
(1) All officers
employed full-time under this award, occupying a Grade 2, 3 or 4 role, other
than officers who occupy a role as Grade 2, Inspector (Environment), will be
required to work 35 hours between Monday and Sunday of any week, unless
otherwise directed, or required to work additional hours in accordance with
clause 14, Overtime, On Call and Call Out Arrangements. These provisions also
apply to the grades and classifications of officers described in subclause (2)
who are assigned to an above level assignment role.
(2) All officers
employed full-time under this award who occupy a Grade 1 role, or, a Grade 2
role, classified as Inspector (Environment), will be required to work 35 hours
during the Department's normal business hours, Monday to Friday. Officers, with
the approval of the Director, may work either standard hours or under the
flexible working hours agreement applicable to the Department.
(3) The Secretary
may permit any officer employed under the provisions of subclause (1) of clause
6, Scope of Employment, who enters into an ongoing part-time work agreement with the Department
to vary the hours of work on any day, alter the days or number of days during a
week, in which the officer previously carried out full-time work or was
normally on duty, and alter any other work arrangement pursuant to clause 13,
Mine Backshift Inspections, and/or subclauses (1) or (4) of clause 14,
Overtime, On Call and Call Out Arrangements.
13. Mine Backshift
Inspections
(1)
(a) All officers
whose hours of duty are prescribed in accordance with subclause (1) of clause 12,
Hours of Duty, who are required to carry out an inspection of a mine, may be
required to conduct 25 per cent of their total number of inspections in a
calendar year, during the operation of a backshift at a mine, on any day a mine
backshift is operating.
(b) All officers
whose hours of duty are prescribed in accordance with subclause (2) of the said
clause 12 may be directed, or rostered, to carry out an inspection of a mine
during the operation of a mine backshift.
(2) An officer
whose hours of duty are prescribed in subclause (1) of clause 12, who carries
out inspections of a mine during the operation of a mine backshift at any time
outside the Department's normal business hours, will not be required to be on
duty, either at a mine or at the officer's headquarters, after completing seven
hours of duty on any day between 12.00 midnight Sunday and 12 midnight Friday,
inclusive, unless otherwise directed by a senior officer or other person, or
they are otherwise required to meet a provision of the Work Health and
Safety Act 2011 and the Work Health and Safety (Mines and Petroleum
Sites) Act 2013.
(a) The time
required for the officer to carry out an inspection of a mine during the
operation of a mine backshift on any Saturday, Sunday or public holiday will
count as part of the officer's hours of duty performed in accordance with
subclause (1) of clause 12.
(b) All time during
which an officer is directed to carry out inspections at a mine during a
backshift, in accordance with paragraphs (a) and (b) of subclause (1) of this
clause, in excess of the 25 per cent of the officer's total number of
inspections occurring in any calendar year, will be calculated in accordance
with paragraph (ii) of subclause (2) of clause 14, Overtime, On Call and Call
Out Arrangements.
14. Overtime, on Call
and Call Out Arrangements
(1) All officers
assigned to, or are assigned temporarily in, Grades 2, 3 and 4 roles, other
than Grade 2 Inspector (Environment), who are required to carry out inspections
or investigations at mines, are required to be available to be contacted
outside the Department's normal business hours to ensure that the provisions of
the Work Health and Safety Act 2011 and the Work Health and Safety
(Mines and Petroleum Sites) Act 2013, are met, unless unavailable due to
any form of approved leave, approved Departmental activity or agreed ongoing
part-time work arrangement.
(2) An officer, as
described in subclause (1) of this clause, who is either directed or required
by a senior officer with the delegated authority of the Department, or
requested by another person with the delegated authority, to inspect mines,
carry out investigations at mines or deal with any matter pursuant to the Work
Health and Safety Act 2011 and the Work Health and Safety (Mines and Petroleum
Sites) Act 2013 other than in accordance with clause 13, Mine Backshift
Inspections, will be compensated with time off in lieu provisions in accordance
with subclause (3) of this clause for overtime where the officer is directed or
required to work on a Saturday, Sunday, public holiday or outside the
Department's normal business hours.
Overtime will be calculated from the time the officer
leaves their normal place of residence, any other place where the officer has
finished work on a normal working day, or place where the officer is contacted
outside the Department's normal business hours, and will be calculated to the
nearest quarter hour; and
(a) overtime for an
officer in accordance with the said subclause (1) will finish at the time the
officer returns to their normal place of residence, or other place where the
officer commenced work, outside the Department's normal business hours; or
(b) all time during
which an officer is directed to work in excess of ten
hours on a normal working day, or in excess of 35 hours in a normal working
week will be calculated as overtime.
(3) An officer may
accumulate time in lieu entitlements worked in accordance with this clause and
exhaust time in lieu entitlements separately or, with any period of recreation or
extended leave subject to Department approval. An officer will make every
reasonable effort to exhaust accumulated leave in lieu entitlements
progressively. Officers may also be directed to exhaust any accumulated
entitlement at a time that is convenient to the Department.
The Department will require an officer to exhaust any
outstanding leave in lieu entitlement following notice of resignation or
retirement, and prior to the resignation or retirement of the officer.
(4) The Secretary
may remunerate any officer whose overtime arrangements are prescribed in
subclause (2) of this clause for all, or part of, overtime worked in accordance
with the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009 as varied or replaced if it is mutually agreed between the officer
and the Secretary. For all other purposes, other than the provisions stated in
subclauses (2) and (3) of this clause, the provisions of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 as varied or
replaced will continue to apply to officers described in subclause (1) of this
clause.
(5) All officers
whose hours of duty are prescribed in subclause (2) of clause 12, who are either
required or directed or rostered to carry out an inspection of a mine during
the operation of a mine backshift, or otherwise directed to work overtime, will
be subject to the provisions of the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 for all overtime worked, to meet the test
case standards in regard to reasonable hours. All officers who elect to be
compensated by time in lieu may accumulate and exhaust entitlements in
accordance with subclause (3) of this clause.
15. Grading and
Evaluation of Roles
Roles classified as under this award will be graded in
accordance with the accredited Job Evaluation methodology and to meet the
requirements of the NSW Government Sector Capability Framework as agreed by the
Secretary and the Association.
16. Department
Induction Seminars
The Department will give the Association a minimum of two
weeks written notice of proposed induction seminars for new officers.
The Department will allocate an agreed period of time during
induction seminars for a member of the Association's Departmental Committee, or
an officer of the Association, to address officers on the Association's role as
an industrial organisation of employees and distribute Association membership
forms and publications relating to membership benefits and services.
17. Grievance and
Dispute Settling Procedures
(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 Department, if
required.
(2) An officer 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.
(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 officer to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Secretary or delegate.
(4) The immediate
manager, or other appropriate officer, will convene a meeting in order to resolve the grievance, dispute or difficulty
within two (2) working days, or as soon as practicable, of the matter being
brought to attention.
(5) If the matter
remains unresolved with the immediate manager, the officer 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 officer may pursue the sequence of
reference to successive levels of management until the matter is referred to
the Secretary.
(6) The Secretary
may refer the matter to the Industrial Relations Secretary for consideration.
(7) If the matter
remains unresolved, the Secretary will provide a written response to the
officer 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.
(8) An officer, at
any stage, may request to be represented by the Association.
(9) The officer or
the Association on their behalf, or the Secretary may refer the matter to the
Industrial Relations Commission of NSW if the matter is unresolved following
the use of these procedures.
(10) The officer,
Association, Department and Industrial Relations
Secretary will agree to be bound by any order or determination by the
Industrial Relations Commission of NSW in relation to the dispute.
(11) Whilst the
procedures outlined in subclauses (1) to (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
officer or member of the public.
18.
Anti-Discrimination
(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, transgender identity, marital or domestic status,
disability, responsibilities as a carer,
homosexuality, HIV/AIDS infected or age.
(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.
(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.
(4) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) 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. Area, Incidence
and Duration
(1) This award will
apply to all the classifications as defined herein.
(2) The Officers
regulated by this award will be entitled to the conditions of employment as set
out in this award and, except where specifically varied by this award, existing
conditions are provided for under the Government Sector Employment Act
2013, Government Sector Employment Regulation 2014, the Government Sector
Employment (General) Rules 2014, Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 and the Crown Employees (Public Sector -
Salaries 2021) Award; or any awards replacing these awards.
(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 the New South
Wales on 28 April 1999 (310 I.G. 359) takes effect on and from 25 November
2021.
(4) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
The salaries set out below, will apply on the first full pay
period on or after 1 July 2021, in accordance with the provisions of the Crown
Employees (Public Sector - Salaries 2018) Award be paid to officers assigned to
the roles specified.
|
Classification
|
|
Common
|
1.7.2021
|
|
|
|
Salary Point
|
2.04%
|
|
|
|
|
Per year
|
|
|
|
|
$
|
|
Inspector Grade 1 -
|
|
|
|
|
Mine Safety Officer
|
Level 1
|
50
|
68,910
|
|
Inspector (Information and Analysis)
|
Level 2
|
57
|
73,393
|
|
Inspector (Mining)
|
Level 3
|
63
|
77,979
|
|
Inspector (Environment)
|
Level 4
|
69
|
82,690
|
|
|
Level 5
|
75
|
87,493
|
|
|
Level 6
|
80
|
91,964
|
|
|
Level 7
|
92
|
103,351
|
|
|
Level 8
|
102
|
114,428
|
|
|
Level 9
|
112
|
126,120
|
|
Inspector Grade 2 -
|
|
|
|
|
Inspector (Review, Enforcement and Systems)
|
Level 1
|
-
|
143,591
|
|
Mine Safety Officer
|
Level 2
|
-
|
148,417
|
|
Inspector (Mining)
|
Level 3
|
-
|
153,137
|
|
Inspector (Environment)
|
Level 4
|
-
|
156,989
|
|
|
Level 5
|
-
|
162,212
|
|
|
Level 6
|
-
|
166,203
|
|
Inspector Grade 3 -
|
|
|
|
|
Inspector (Management and/or Systems)
|
Level 1
|
-
|
183,210
|
|
Inspector (Mining)
|
Level 2
|
-
|
189,996
|
|
Inspector (Environment)
|
Level 3
|
-
|
197,412
|
|
|
Level 4
|
-
|
204,723
|
|
|
Level 5
|
-
|
212,037
|
|
Inspector Grade 4 -
|
|
|
|
|
Regional Manager Grade 4
|
Level 1
|
-
|
214,907
|
|
Deputy Chief Inspector Grade 4
|
Level 2
|
-
|
222,871
|
Schedule 1
APPROPRIATE QUALIFICATIONS
The following qualifications apply for the purpose of employment
of officers under this award, unless otherwise varied, in accordance with
clause 10, Review of Qualifications, Competencies and Capabilities, or by
legislation enacted by the New South Wales Parliament:
(1) the
qualifications for inspector prescribed in the Work Health and Safety Act
2011 and the Work Health and Safety (Mines and Petroleum Sites) Act 2013;
or
(2) an appropriate
degree, diploma or associate diploma which is relevant to the Work Health and
Safety Act 2011 and the Work Health and Safety (Mines and Petroleum Sites)
Act 2013, granted by a recognised university or other tertiary institution.
(3) the Government
Sector Employment Act 2013, the Government Sector Employment Regulation 2014,
and the Government Sector Employment (General) Rules 2014.
(4) the
Capabilities as provided for in the Government Sector Capabilities Framework as
outlined in a staff member’s role description.
Schedule 2
STATUTORY REQUIREMENTS, TERTIARY QUALIFICATIONS AND
COMPETENCY-BASED TRAINING PROGRAMME
(a) Statutory
Requirements - As determined by the Work Health and Safety Act 2011 and
the Work Health and Safety (Mines and Petroleum Sites) Act 2013 and the Government
Sector Employment Act 2013 listed in Schedule 1, or in accordance with
further relevant legislation as enacted by the NSW Parliament as a requirement
for assignment or progression of an
officer in accordance with clause 7, Assignment of Officers, subclause (1) of
clause 8, Progression of Officers, or may be otherwise recognised for
progression in accordance with subclause (3) of the said clause 8.
(b) Tertiary
Qualifications - Qualifications obtained at a university or tertiary
institution listed in Schedule 1, or which is otherwise recognised for
progression purposes in accordance with subclause (3) of clause 8.
(c) Demonstrate the
ability to undertake the Capabilities provided for in a staff member’s role
description as outlined in the Government Sector Capabilities Framework, listed
on Schedule 1.
(d) Competency-based
Training Programme - Competency Units and Elements - The Department’s training
programme is designed for officers to progressively acquire competencies during
their progression within a Grade with the aim to make each officer competent to
progressively perform the full range of duties and responsibilities relevant to
their Grade and be competent and eligible for promotion to a higher Grade,
subject to subclause (1) of clause 8.
The competency-based training programme for each Grade
and Level within a Grade is based on the competency units and elements in this
subclause, and has been developed in accordance with clause 9, Mine Safety and
Environment Committee. An officer's competency- based training programme for a
year will be included in their annual Performance Development Plan. The officer
must be capable of demonstrating that they can effectively use all the
competencies relevant to their Grade by the time the officer has completed 12
months' service at the last Level of each Grade. All competencies described for each Grade in
this subclause are relevant to the Grade.
The competency elements and units which constitute the
competency-based training programme for each Grade of Mines Inspectors (M) and
Environment Inspectors (E) covered by this award, are listed as follows:
(i) Gathering
and analysing information - Grades 1, 2, 3 and 4 (M and E) - Identify, gather and analyse relevant information and draw logical
conclusions.
Competency elements:
build co-operative working relationships with industry;
identify actual and potential deficiencies in site work
health and safety management/environmental degradation;
accurately collate data from field observations;
prepare clear and concise written reports, which
include conclusions and recommendations.
(ii) Enforcement -
Grades 1, 2, 3 and 4 (M and E) - The competencies for this element are
abilities to police and utilise the legislative and statutory provisions, when
required, to explain to all persons employed at a mine the employer and
employee responsibilities under these provisions, and to prosecute any
employer, employee or other person at a mine whom the officer has reason to
believe has committed an offence under the legislation and/or statutory
provisions.
Competency elements:
detailed understanding of the Department and an
officer's statutory requirements and responsibilities;
written and verbal communication skills to be able to
communicate requirements and suggest solutions;
knowledge and skills to assist Department legal
officers, or counsel, to prosecute a matter before a Court;
interpret legislation into "user friendly" language.
(iii) Safety
Management Systems Reviews - Grades 2, 3 and 4 (M) - Skills, knowledge
and experience to conduct high level reviews of management systems for
comprehensive mine safety systems. The
term "review", in this instance, relates to audit, analysis, critique
and correction.
Competency elements:
build and maintain co-operative working relationships
with mining industry management at a senior level;
interpersonal and technical knowledge and skills to
advise, guide and lead junior officers and employers and employees engaged in
the mining industry;
effectively plan, anticipate and identify issues,
opportunities, implications and solutions;
use personal initiative and knowledge, skills and
experience to advise mine management and mine employees on implementing solutions;
can successfully assess and analyse the design,
development, management, control, documentation and communication of work
practices, policies, programmes, procedures, training and resourcing;
effectively review progress of projects against planned
and statutory obligations for work health and safety, provide a clear and
concise analysis of the findings and implement corrective strategies with mine
management and employees;
successfully audit operational safety monitoring systems,
provide a clear and concise analysis of the findings and implement corrective strategies;
identify, monitor and
acknowledge sustained improvements in mine site safety and work practices.
(iv) Audit and Assessment
Training (Safety/Environment) - Grades 2, 3 and 4 (M and E) - Successful
completion of an Audit and Assessment Course, approved by the Mine Safety and
Environment Committee, conducted by an external body.
Competency elements:
satisfactory completion of a course with an emphasis on
safety management systems.
(v) Field Exercise -
Grades 2 and 3 (M) - Completion of a safety management systems review, approved
by the Mine Safety and Environment Committee, conducted at a mine site and assessed in accordance with Schedule 3.
Competency elements:
successfully review, assess
and analyse an approved safety management system under implementation at a mine
site and document corrective strategies.
(vi) Integrated
Management Systems Analysis - Grades 2, 3 and 4 (M and E) - Knowledge,
experience and skill required to investigate, analyse, judge and redirect
integrated management systems influencing or acted upon by industry and
legislative external factors, which may include work health and safety considerations.
Competency elements:
work with industry management at a senior level;
use interpersonal and technical knowledge and skills to
advise, guide and lead junior officers, mine management and employees;
effectively plan, anticipate and identify issues,
opportunities, implications and solutions, use personal initiative and
knowledge, skills and experience to implement solutions;
successfully assess and analyse the design,
development, management, control, documentation and communication of work
practices, policies, programmes, procedures, training and resourcing;
effectively review progress of projects against planned
and statutory obligations covering environmental issues at mine sites, provide
a clear and concise analysis of the findings and implement corrective strategies;
successfully audit operational environmental monitoring
systems, provide a clear and concise analysis of the findings and assist mine
management and employees to implement corrective strategies;
identify, monitor and acknowledge sustained
improvements in environmental performance and mining practices;
knowledge of emergency safety procedures and operations
in a mine.
(vii) Understanding of
Safety Management Systems - Grades 1 to 4 (E) - Demonstrated Knowledge and
Understanding of the Role of the Department's Inspection and Support Services
and the Safety Management System Review Process.
Competency element:
knowledge and understanding of mining work health and
safety issues, how improvements are influenced and achieved by Inspectorate
initiatives, and how work health and safety programmes relate to other
Department programmes.
(viii) Management
Requirements Grades 3 and 4 (M and E) - An officer will be required to exhibit
the knowledge, experience and skills required to successfully pursue the
implementation of best practice by the mining industry in work health and
safety, environmental protection and resource management.
Competency elements:
can take responsibility and be accountable for decisions;
successful promotion of the Department and enhance its
credibility with stakeholders;
persuade others on major issues and encourage and
manage debates with stakeholders.
effectively delegate responsibility, empower other
officers and build co-operative working relationships;
experience and knowledge to actively contribute to the
training and skills acquisition of junior officers, and professional development;
inspire team cohesion and maintain good morale and
motivation of individual officers and teams;
communicate to junior officers and the industry the
Department's direction and purpose, and the ability to sponsor and direct major
initiatives;
maintain focus in reviewing progress of Department or
industry initiatives;
develop, or adapt to and communicate on, changes of
policy or new strategies, methods or initiatives which identify new solutions
or contribute to continuous improvement in resolving mine work health and
safety or environmental issues;
knowledge, experience and understanding of Department
management practices and their application;
apply objective judgement in balancing potential
industry gains with potential industry risks;
communication skills to liaise, communicate and
negotiate with all stakeholders to achieve effective outcomes;
understanding and knowledge to apply Public Service
procedures, protocols and requirements to junior officers and other
stakeholders.
(ix) Advanced Team
Leadership Training (Grade 3 M and E) -
Competency element:
Officers will have attended and successfully completed
an externally conducted Advanced Team Leadership Course, approved by the Mine
Safety and Environment Committee.
(x) Mine Safety
Management Systems Abilities - Grade 2 (M) - Officers will have to demonstrate
a high level of knowledge and understanding of the operation and function of
the Department's inspection and support services and the safety management
system review process, and further demonstrate knowledge and understanding in
industrial safety management systems generally.
Competency elements:
high level of knowledge and understanding of mining
work health and safety Issues, and how improvements can be either influenced or
achieved by the Department's Inspectorate;
comprehensive knowledge and experience in industrial
safety management systems;
attendance at a combination of internal and external
training courses in relation to safety management systems.
(xi) Major Project
Capabilities - (Grade 3 M and E) - Skills required to design, implement, manage and successfully conclude a project which has
significant impact on the mining industry, or the operations of the
Department's Mine Safety and Environment Division.
Competency elements:
effectively design a complex project using technical
skills and experience;
modify the project design to suit alternative
suggestions without compromising the project;
accept full management responsibility for the project;
develop and maintain an efficient programme of work;
implement and maintain best practice work health and
safety/environmental standards;
maintain probity and complete the project;
achieve project completion within set timeframe and
budget parameters.
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.