Crown Employees (Research Scientists) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 179088 of 2021)
|
Before Commissioner Sloan
|
13 September 2021
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Classification
as a Research Scientist
4. Salaries
5. Increments
and Progression
6. Calculation
of Service
7. Anti-Discrimination
8. Grievance
and Dispute Settling Procedures
9. Relationship
to Other Awards
10. No Extra
Claims
11. Area,
Incidence and Duration
PART B
MONETARY RATES
Table. 1 -
Salaries
1. Title
This Award shall be known as the Crown Employees (Research
Scientists) Award2007.
2. Definitions
"Agency" means a Public Service Agency as listed
in Schedule 1 of the Government Sector
Employment Act 2013.
"Agency head" means a person who is the Secretary
of a Department or the head of another Public Service agency listed in Schedule
1 of the Government Sector Employment Act
2013.
"Association" means the Public Service Association
and Professional Officers' Association Amalgamated Union of New South Wales
"Committee" means the Research Scientist
Classification Committee convened by the Public Service Commissioner.
"Industrial Relations Secretary" means the person,
within the meaning of the Government
Sector Employment Act 2013, who is for the purposes of any proceedings
relating to Public Service employees held before a competent tribunal having
jurisdiction to deal with industrial matters, taken to be the employer of
Public Service employees.
"Employee" means all persons employed in an
ongoing, term or temporary basis subject to Part 4 of the Government Sector Employment Act 2013.
"Guidelines" means the ‘Research Scientist Classification
Policy and Guidelines’ issued from time to time by the Public Service
Commissioner.
"Public Service Commissioner" is as defined in the
Government Sector Employment Act
2013.
"Service" means continuous service worked within
the classification as set out in this Award.
3. Classification as a
Research Scientist
(a) The Public
Service Commissioner on recommendation of the Committee, approves the
classification of public sector employees as Research Scientists under this
Award.
(b) The Committee
makes recommendations regarding the entry to, continuation in, progression and
regression in, and cessation from the levels within the Research Scientists
classification, namely Research Scientist, Senior Research Scientist, Principal
Research Scientist or Senior Principal Research Scientist.
(c) The Committee
makes these recommendations in accordance with the criteria contained in the
Guidelines.
4. Salaries
(a) 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 salary rates for the levels of Research
Scientist, Senior Research Scientist, Principal Research Scientist and Senior
Principal Research Scientist set out in Table 1 of Part B, Monetary Rates, of
this Award are subject to the rates as set by the Crown Employees (Public
Sector - Salaries 2021) Award or any award replacing it.
(b) An employee
temporarily employed under the provisions of Part 4 of the Government Sector Employment Act 2013 is paid the weekly equivalent
of the annual salary prescribed in Table 1 - Salaries.
(c) The salaries of
employees covered by this Award are adjusted to the appropriate rate prescribed
by this Award on the basis of years of service.
Employees are deemed to have the years of service indicated by the
salary received under the scale in force immediately prior to the operative
date of this Award.
5. Increments and
Progression
(a) In accordance
with clause 14, Increments of Part 2, Government Sector Employment Regulation
2014, the payment of an increment is subject to the satisfactory conduct of,
and the satisfactory performance of duties by, the employee as determined by
the appropriate agency head.
(b) Progression
beyond efficiency barriers, and to the levels of Senior Research Scientist,
Principal Research Scientist and to Senior Principal Research Scientist is
approved by the Public Service Commissioner on recommendation by the Committee
in accordance with the Guidelines.
6. Calculation of
Service
In calculating years of service for the purpose of this
Award, the following periods are not taken into account:
(a) Any period
where an increment is refused in accordance with clause 14, Increments, of Part
2, Government Sector Employment Regulation 2014.
(b) Any leave of
absence without pay exceeding five days in any incremental year;
(c) Any period
necessary to give full effect to a reduction in salary imposed under sections
68 and 69 of Part 5, of the Government
Sector Employment Act 2013.
7. 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, marital status, disability, homosexuality,
transgender identity, age and responsibilities as a carer.
(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 the legislation referred to in this clause.
NOTES -
(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."
8. Grievance and
Dispute Settling Procedures
(a) All grievances and
disputes relating to the provisions of this Award will initially be dealt with
as close to the source as possible, with graduated steps for further attempts
at resolution at higher levels of authority within the appropriate agency, if
required.
(b) An employee is
required to notify in writing their immediate manager as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter
and, if possible, state the remedy sought.
(c) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes
it impractical for the employee to advise their immediate manager, the
notification will occur to the next appropriate level of management, including,
where required, to the agency head or Delegate.
(d) The immediate
manager, or other appropriate officer, will convene a meeting in order to
resolve the grievance, dispute or difficulty within two working days, or as soon
as practicable, of the matter being brought to attention.
(e) If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager will respond within
two working days, or as soon as practicable.
The employee may pursue the sequence of reference to successive levels
of management until the matter is referred to the agency head.
(f) The agency head
may refer the matter to the Industrial Relations Secretary, for consideration.
(g) If the matter
remains unresolved, the agency head will provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
(h) An employee, at
any stage, may request to be represented by the Association.
(i) The employee or
the Association on their behalf, or the agency head may refer the matter to the
Industrial Relations Commission of New South Wales if the matter is unresolved
following the use of these procedures.
(j) The employee,
Association, agency and Industrial Relations Secretary will agree to be bound
by any order or determination by the Industrial Relations Commission of New
South Wales in relation to the dispute.
(k) While the
procedures outlined in subclauses (a) to (k) 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
occupational health and safety, if practicable, normal work will proceed in a
manner which avoids any risk to the health and safety of any employee or member
of the public.
9. Relationship to
Other Awards
Employees are entitled to the conditions of employment
provided by this Award, the Government
Sector Employment Act 2013, and the Government Sector Employment Regulation
2014. The provisions of the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 and Crown Employees (Public Sector -
Salaries2021) Award or any replacement award, also apply to employees covered
by this Award, except where specifically varied by this Award or some other
award.
10. No Extra Claims
The no extra claims clause (clause 8) contained in the Crown
Employees (Public Sector - Salaries2021) Award will apply to employees covered
by this award.
11. Area, Incidence
and Duration
(a) This Award
applies to employees defined in clause 2, Definitions.
(b) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Research Scientists) Award 2007
published 1 November 2019 (385 I.G. 759),
as varied.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 17 September 2021..
Changes made to this award subsequent to it first being
published on 6 July 2007 (362 I.G. 1076) have been incorporated into this award
as part of the review.
The 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
Salaries for
classifications covered by this Award are adjusted by the Crown Employees
(Public Sector - Salaries2021) Award (or its replacement) and are found in the
salary tables attached to that award
|
Classification
Levels
|
Rates of Pay
|
Rates of Pay
|
|
|
as at 1.7.20
|
as at the first full pay
|
|
|
Per Annum
|
period on or after 1.7.21
|
|
|
|
Per Annum 2.04%
|
|
|
$
|
$
|
|
Research Scientist
-
|
|
|
|
1st year of
service
|
95457
|
97404
|
|
2nd year of
service
|
100356
|
102403
|
|
3rd year of
service
|
105634
|
107789
|
|
4th year of
service
|
110011
|
112255
|
|
Efficiency Barrier
|
|
|
|
5th year of
service
|
115362
|
117715
|
|
6th year of
service
|
120044
|
122493
|
|
7th year of
service
|
124786
|
127332
|
|
Senior Research
Scientist -
|
|
|
|
1st year of
service
|
127224
|
129819
|
|
2nd year of
service
|
131039
|
133712
|
|
3rd year of
service
|
135071
|
137826
|
|
Efficiency Barrier
|
|
|
|
4th year of
service
|
139246
|
142087
|
|
5th year of
service
|
143800
|
146734
|
|
Principal Research
Scientist -
|
|
|
|
1st year of
service
|
148578
|
151609
|
|
2nd year of
service
|
151978
|
155078
|
|
3rd year of
service
|
155836
|
159015
|
|
Senior Principal
Research Scientist -
|
|
|
|
1st year of
service
|
167071
|
170479
|
|
2nd year of
service
|
179224
|
182880
|
|
Efficiency Barrier
|
|
|
|
3rd year of
service
|
194495
|
198463
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.