Crown Employees (Department of Industry) Technical
Staff Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 144175 of 2021)
|
Before Commissioner Sloan
|
27 September 2021
|
REVIEWED
AWARD
Arrangement
Clause No. Subject Matter
PART A
1. Title
2. Definitions
3. Salaries
4. Saving of
Rights
5. Progression
Criteria
6. Allowances
7 Hours of
Work
8. Job
Evaluation
9. Appeals Mechanism
10. Anti-Discrimination
11. Deduction
of Union Membership Fees
12. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Allowances
PART A
1. Title
This Award will be known as the Crown Employees (Department
of Regional NSW) Technical Staff Award.
2. Definitions
(i) "Act"
means Government Sector Employment Act
2013.
(ii) "Association"
means the Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales.
(iii) "Department"
means the Department of Regional NSW, or as otherwise specified in Schedule 1of
the Government Sector Employment Act 2013.
(iv) "Industrial
Relations Secretary" means the Secretary of the Department of Premier and
Cabinet, as established under the Government
Sector Employment Act 2013.
(v) "Job
Evaluation" means a methodology agreed to between the parties to grade
Technical Staff under this Award.
(vi) "Member of
staff" for the purposes of this Award, means a person employed as an
employee on probation or employee, employed in any capacity under the
provisions of Part 4, Division 5 of the Act.
(vii) "Normal
Work" is defined as the duties, responsibilities and capabilities relevant
to the Role Description, of a member, or members, of staff, at the time of a
grievance, dispute or difficulty.
(viii) "Public
Service" means the Public Service of New South Wales as defined in the Government Sector Employment Act 2013.
(ix) "Role"
means a role as dealt with in Division 5 of the Government Sector Employment Act 2013.
(xi) "Salary Rates" means the ordinary
time rate of pay for the member of staff’s grading, excluding shift allowances,
weekend penalties and all other allowances not regarded as salary.
(xii) "Secretary"
means the Secretary of the Department of Regional NSW as specified in Schedule
1 of the Government Sector Employment Act
2013.
(xiii) "Service"
means continuous service for salary purposes.
(xiv) "Technical
Assistant" means an employee who holds the New South Wales School
Certificate or its equivalent and is able to demonstrate the ability to
undertake the capabilities provided for in the Government Sector Capabilities
Framework as outlined in the role description that is required for employment
in any of the roles covered by the provisions of this Award. VET Certificate II in any qualification is
considered equivalent to the NSW School Certificate.
(xv) "Technical
Co-ordinator" means an employee who has the experience, expertise and is
able to demonstrate the ability to undertake the capabilities provided for in
the Government Sector Capabilities Framework as outlined in the role
description that allows them to accept responsibility for the supervision and
co-ordination of technical activities in a technical section or work unit and
is assigned to a role designated as such.
(xvi) "Technical
Manager" means an employee who is able to demonstrate the ability to
undertake the capabilities provided for in the Government Sector Capabilities
Framework as outlined in the role description of the role and assigned to a
role designated as such.
(xvii) "Technical
Officer" means an employee who is able to demonstrate the ability to
undertake the capabilities provided for in the Government Sector Capabilities
Framework as outlined in the role description of the role and holds:
(a) a Biological
Technicians Certificate, Chemistry Certificate Course, or the Pathology
Technician Certificate Course from TAFE, or a relevant VET Diploma (equivalent
AQF Level V) or other qualification deemed by the Department to be equivalent;
or
(b) a trade
qualification plus 5 years relevant post trade experience that is required for
employment in any of the roles covered by the provisions of this Award; or,
(c) a Library
Technician Certificate from TAFE or other qualification deemed by the
Department to be equivalent; or
(d) successfully
completed two-thirds of the required credit points necessary for the awarding
of a relevant degree; or
(e) a relevant AQF
Certificate IV or equivalent plus 5 years relevant post qualification
experience.
(xviii) "Technical
Staff" means all members of staff employed to provide technical
contributions to the achievement of the Department’s corporate goals.
3. Salaries
Subject to the provisions of the Government Sector Employment Act 2013, the Government Sector
Employment Regulation 2014, the Government Sector Employment (General) Rules
2014 thereunder and the Crown
Employees (Public Sector - Salaries 2021) Award, the rates of salary as
set out in Table 1 - Salaries, of Part B, Monetary Rates, will be paid to
members of staff assigned to roles at grades specified. 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 at Table 1 and Table 2 of Part B, of this award are subject to
the rates as set by the Crown
Employees (Public Sector - Salaries 2021) Award or any award replacing
it.
4. Saving of Rights
At the time of making of this Award, no member of staff
covered by this Award will suffer a reduction in their rate of pay or any loss
or diminution in his or her conditions of employment as a consequence of the
making of this Award.
5. Progression
Criteria
(i) A
Technical Assistant who has been in receipt of the maximum salary prescribed
for their grade for 12 months will be eligible for progression to the next
grade, up to and including Grade 3, subject to satisfying the merit progression
criteria.
(ii) A Technical Officer,
who has been in receipt of the maximum salary prescribed for their grade for 12
months, will be eligible for progression to the next grade, up to and including
Grade 3, subject to satisfying the merit progression criteria.
(iii) Technical
Manager roles will be included at levels, Grade 3, Grade 4 and Grade 5, with
promotion into such roles being by assignment subject to the occurrence of a
vacancy and completing a comparative assessment process.
6. Allowances
(i) A
member of staff who is assigned to a role as a Technical Co-ordinator will be
paid an allowance as set out in Item 1 of Table 2 - Allowances of Part B,
Monetary Rates, from the date of their assignment. The allowance will be part
of the member of staff’s salary for all purposes and will be adjusted in
accordance with any variations applied commensurate with this Award. The
allowance will also be superable.
(ii) Members of
staff will be assigned to the role of Technical Co-ordinator for periods of up
to two years with future assignments to be determined by comparative
assessment.
7. Hours of Work
(i) Both
full-time and part-time members of staff, subject to Departmental convenience,
will work a flexible working hour’s arrangement in accordance with the
Department’s Flexible Working Hours Agreement, which is a co-lateral
arrangement under clause 10, Local Arrangement, of the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009.
(ii) Members of
staff cannot be required to work more than 5 hours in one continuous period
without an unpaid meal break of at least 30 minutes.
8. Job Evaluation
Roles classified as Technical Staff 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.
9. Appeals Mechanism
(i) A
member of staff of the Department will have the right to appeal any decision
made by the Department in relation to their performance assessment review or in
relation to promotion on merit from one grade to another where this is
available under the provisions of this Award.
(ii) Members of
staff may submit a written submission outlining their case to the Director
Industrial Relations within 28 days of the decision being appealed.
(iii) The Director
Industrial Relations will constitute an appeals committee made up of one
Management representative, an Association representative and one peer that is
acceptable to both Management and the Association.
(iv) The appeal will
be heard within 28 days of it being lodged and the recommendation of the
committee will be forwarded to the Secretary or nominee for approval.
(v) The decision of
the Secretary or nominee will be forwarded to the member of staff concerned within
7 working days of the appeal being heard.
(vi) This appeal
mechanism will not cover matters that are dealt with by clause 24 of the Rules.
10.
Anti-Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977
provides:
(c) "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."
11. Deduction of Union
Membership Fees
(i) The
Association will provide the employer with a schedule setting out Association
fortnightly membership fees payable by members of the Association in accordance
with the Association's rules.
(ii) The Association
will advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation to the schedule of Association
fortnightly membership fees payable will be provided to the employer at least
one month in advance of the variation taking effect.
(iii) Subject to (i) and (ii) above, the employer will deduct Association
fortnightly membership fees from the pay of any employee who is a member of the
Association in accordance with the Association's rules, provided that the
employee has authorised the employer to make such deductions.
(iv) Monies so
deducted from employee's pay will be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to employees' Association membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the Association, all Association
membership fees will be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of Association membership fees
from his or her pay prior to this clause taking effect, nothing in this clause
will be read as requiring the employee to make a fresh authorisation in order
for such deductions to continue.
12. Area, Incidence
and Duration
(i) The
Award will apply to each member of staff described as Technical Staff employees
in clause 2, Definitions, in the Department of Regional NSW.
(ii) The members of
staff 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, the Government Sector
Employment Regulation 2014, the Government Sector Employment (General) Rules,
the 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.
(iii) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Department of Industry) Technical
Staff Award published 25 October 2019
(385 I.G. 540),
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 27 September 2021.
(iv) The Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Effective from the beginning of the first full pay period to
commence on or after 1 July 2021.
Table 1 - Salaries
(A) Full-time rates
Technical Assistant
|
Junior
|
1.7.21
|
Common Salary Point
|
|
|
Per annum 2.04%
|
|
|
|
$
|
|
|
Under 17
|
27,739
|
n/a
|
|
Age 17
|
33,285
|
n/a
|
|
Age 18
|
38,833
|
n/a
|
|
Age 19
|
44,384
|
n/a
|
|
Age 20
|
49,930
|
n/a
|
|
Grade 1
|
|
|
|
1st Year
|
55,476
|
26
|
|
2nd Year
|
56,975
|
29
|
|
3rd Year and thereafter
|
58,955
|
33
|
|
Grade 2
|
|
|
|
1st Year
|
60,601
|
36
|
|
2nd Year and thereafter
|
62,325
|
39
|
|
Grade 3
|
|
|
|
1st Year
|
64,679
|
43
|
|
2nd Year and thereafter
|
66,298
|
46
|
Technical Officer
|
Grade 1
|
Per annum
|
CSP
|
|
|
$
|
|
|
1st Year
|
66,298
|
46
|
|
2nd Year
|
68,910
|
50
|
|
3rd Year
|
70,851
|
53
|
|
4th Year and thereafter
|
72,751
|
56
|
|
Grade 2
|
|
|
|
1st Year
|
78,736
|
64
|
|
2nd Year
|
81,158
|
67
|
|
3rd Year
|
83,506
|
70
|
|
4th Year and thereafter
|
88,457
|
76
|
|
Grade 3
|
|
|
|
1st Year
|
92,788
|
81
|
|
2nd Year
|
95,539
|
84
|
|
3rd Year
|
98,451
|
87
|
|
4th Year and thereafter
|
102,403
|
91
|
|
Grade 4
|
|
|
|
1st Year
|
106,672
|
95
|
|
2nd Year
|
110,064
|
98
|
|
3rd Year
|
112,255
|
100
|
|
4th Year and thereafter
|
115,483
|
103
|
|
Grade 5
|
|
|
|
1st Year
|
120,096
|
107
|
|
2nd Year
|
123,693
|
110
|
|
3rd Year and thereafter
|
127,332
|
113
|
(B) Part-Time Hourly
Rate Formula
|
Annual
Salary
|
|
1
|
|
1 hours pay
|
|
52.17857143
|
x
|
35
|
x
|
|
Table 2 - Allowances
|
Item
No.
|
Clause
No.
|
Brief Description
|
Amount
|
|
|
|
|
1.7.21
|
|
|
|
|
Per annum
|
|
|
|
|
2.04%
|
|
|
|
|
$
|
|
1
|
6(i)
|
Technical Co-ordinator Allowance
|
2,979
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.