Crown Employees (Department of Customer Service -
SafeWork NSW Inspectors 2007) Reviewed Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 163535 of 2021)
Before Commissioner Sloan
|
17 September 2021
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Parties
4. Salaries
and Allowances
5. Conditions
of Employment
6. Hours
7. Flexible
Working Hours Scheme
8. Overtime
9. Excess
Travelling Time
10. Annual
Leave Loading
11. Sick Leave
- Mutual Leave Fund
12. After Hours
Response Service
13. Motor
Vehicles
14. Deduction
of Union Membership Fees
15. Classification
Structure
16. Competency
Assessment
17. Entry Level
Inspector
18. Progression
as an Inspector
19. Progression
to Senior Inspector or Principal Inspector
20. Progression
to Assistant State Inspector or State Inspector
21. Grievance
Handling and Dispute Settling Procedure
22. Anti-Discrimination
23. No Extra
Claims
24. Area,
Incidence and Duration
PART B
MONETARY. RATES
Table 1 - Inspector Classification and Salary Scales
Table 2 - After Hours Response Service Allowances
PART A
1. Title
This award will be known as the Crown Employees (Department
of Customer Service - SafeWork NSW Inspectors 2007) Reviewed Award.
2. Definitions
"Contract hours" for a full time Inspector, means
one fifth of ordinary working hours as prescribed in this award and, for a part
time Inspector, means the hours usually worked on the day.
"Competencies" refer to the national competency
standards assigned by SafeWork NSW at specific classification levels.
"Daily span of hours" means, for an Inspector
required to work flexible hours, the hours that fall within the bandwidth of
the flexible working hours scheme of this award, which do not attract payment
for overtime and, for an Inspector required to work standard hours, the
contract hours defined in this award.
"Inspector" means an employee employed in the
SafeWork NSW Branch of the Better Regulation Division of Department of Customer
Service under Schedule 1 of the Government Sector Employment Act 2013
and who occupies a role classified in the Inspector Classifications identified
in Table 1 of this award.
"Level" means the salary levels specified in Table
1 of this award.
"Memorandum of Understanding" means the document
referred to in this award that specifies the understanding between the parties
of the benefits to the parties through the operation of the award, the
implementation of the award and the administration of the award.
"Salary scale" means the set of salaries payable
under this award and specified in Table 1 of this award.
"Standard hours" are the set and regular hours of
SafeWork NSW’s operations as determined by SafeWork NSW.
"Union" and "PSA" means the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
"SafeWork NSW" means the SafeWork NSW Branch of
the Better Regulation Division of NSW Department of Customer Service.
3. Parties
3.1 The parties to
this award are:
(a) The Industrial
Relations Secretary; and
(b) Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
4. Salaries and
Allowances
4.1 For the purposes
of this award, the parties note:
(a) The former
Crown Employees (WorkCover Authority - Inspectors)
Award made on 28 November 2003 published 21 May 2004 (344 I.G. 523) was listed
in Schedule A and Part B Monetary Rates of the Crown Employees (Public Sector -
Salaries 2007) Award published 30 March 2007 (362 I.G. 404).
(b) The Crown
Employees (Public Sector - Salaries 2007) Award provided for a 4% salary
increase for Inspectors from the beginning of the first pay period commenced on
or after 1 July 2007.
(c) The 4% salary
increase in the Crown Employees (Public Sector - Salaries 2007) Award was the
final pay increase arising from the agreement entered into
on 21 December 2004 between the New South Wales Government and the Association.
(d) The increases
provided by this award included:
(i) A
compensatory one-off increase of $4,500 per annum effective from the first pay
period commencing on or after 16 November 2006, for changes to the Private Use
Motor Vehicle Scheme included in the Memorandum of Understanding.
(ii) Increases that introduced
a new salary structure that provide incremental steps comprising:
A. Variable
increases, effective from the first pay period commencing on or after 16
November 2006, to establish the differentials from the new incremental salary
rates.
B. The 4% increase
in allowances payable under the Crown Employees (Public Sector Salaries 2007)
Award paid under that award, effective from the first pay period to commence on
or after 1 July 2007.
4.2 The parties
agree that:
(a) During the term
of this award, variation to the salaries and allowances included in the Tables
to this award by way of salary increases or other benefits will be those
applied by the Crown Employees (Public Sector Salaries - 2021) Award, or a
replacement award.
4.3 Classifications
and Salaries
(1) The
classifications are set out in Table 1 of Part B, Monetary Rates, of this
award.
(2) The
corresponding salary rates are set by the Crown Employees (Public Sector -
Salaries 2021) Award or any variation or replacement award.
(3) The salaries of
employees employed are adjusted to the appropriate scale prescribed by the
award on the basis of years of service in role or
grade.
(4) In calculating
years of service for the purpose of this award the following periods are not taken into account:
(a) Any period in
respect of which an increment is refused in accordance with clause 14,
Increments, of the 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 Unsatisfactory performance of government sector employees and 69 Misconduct
- Public Service and other prescribed government sector employees the Government Sector Employment Act 2013.
5. Conditions of
Employment
5.1 The provisions
of the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009 apply to an Inspector except for the following provisions in this award,
which replace any respective counterpart provision applying within the relevant
clauses of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009:
(a) Flexible
working hours.
(b) Overtime and
overtime meal allowances.
(c) Excess
travelling time.
(d) Annual leave
loading.
(e) Sick leave with
respect to the Mutual Leave Fund.
5.2 In the event of
any inconsistency or ambiguity that may arise in the application of this award,
the relevant provisions of this award will apply before the relevant provisions
of Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009.
6. Hours
6.1 The ordinary
working hours of an Inspector are 38 hours per week, Monday to Friday.
6.2 An Inspector’s
contract hours for one day are equivalent to 7 hours and 36 minutes, which are
used to calculate leave entitlements and for SafeWork NSW to determine the
standard hours for an Inspector.
6.3 An Inspector’s
daily span of hours will be either the bandwidth specified under the flexible
working hours scheme of this award or the standard
hours determined by SafeWork NSW.
7. Flexible Working
Hours
7.1 The Department
of Finance Services and Innovation Flexible Working Hours Agreement 2016 or its
replacement will apply to all Inspectors working under this award.
8. Overtime
8.1 Eligibility for
overtime:
(a) An Inspector will
be eligible for overtime if they have been directed by their supervisor to work
-
i. more
than 10 hours in one day; or
ii. before 6:00am
or after 10:00pm; or
iii. on a Saturday,
Sunday or public holiday.
(b) Hours worked
under the extended bandwidth will not of itself result in overtime,
unless the conditions in (a) apply.
(c) An Inspector
who is rostered for the After Hours Response Service
when "called out" to attend an incident will be paid a minimum of 3
hours at double time per each separate incident.
8.2 An Inspector may
be directed to work overtime, provided it is reasonable for the Inspector to be
required to do so. An Inspector may
refuse to work overtime in circumstances where the working of such overtime
would result in the Inspector working unreasonable hours. In determining what is unreasonable, the
following factors must be taken into account:
(a) the Inspector’s
prior commitments outside the workplace, particularly the Inspector’s family
and carer responsibilities, community obligations or study arrangements,
(b) any risk to the
Inspector’s health and safety,
(c) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(d) the notice (if
any) given regarding the working of the overtime, and by the Inspector of their
intention to refuse overtime, or
(e) any other
relevant matter.
8.3 Overtime is to
be calculated using the formula
Annual Salary ¸ 52.17857
|
|
35
|
= Hourly Rate
|
8.4 Overtime Meal
Allowances:
(a) The overtime
meal allowances for breakfast, lunch and dinner specified in the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 will
apply.
(b) Breakfast
Allowance - Inspectors are eligible for the allowance for breakfast when they
have been directed to work before 6.00am and an expense is actually incurred.
(c) Lunch Allowance
- Inspectors are eligible for the allowance for lunch when they have been
directed to work on a Saturday, Sunday or public holiday and commence before
8.30am and finish after 1.30pm or commence after 8.30am and finish after 2.00pm
and an expense is actually incurred.
(d) Dinner Allowance
- Inspectors are eligible for the allowance for dinner when they have been
directed to work after 6.30pm and an expense is actually incurred.
8.5 Meal breaks are
in an Inspector’s own time and are not counted towards an Inspector’s work time
or for the payment of overtime or the accrual of flexible working hours.
9. Excess Travelling
Time
9.1 Excess
travelling time is the time taken for an Inspector to travel to a work location
that is in excess of the time normally taken for the Inspector
to travel between their home and their office.
9.2 Compensation for
excess travelling time applies when:
(a) the travel is
required to perform SafeWork NSW duties; and
(b) the travel has
had prior approval; and
(c) the excess
travelling time amounts to at least 15 minutes on any one day outside the daily
span of hours after deducting the time normally taken for an Inspector to
travel between their home and their office.
9.3 Excess
travelling time undertaken during the Extended Bandwidth will accrue as hours
worked under flexible working hours.
9.4 Excess
travelling time undertaken outside the Extended Bandwidth of before 6.00am or
after 10.00pm Monday to Friday, or on a Saturday, Sunday or public holiday, or
on a non-working day, will be compensated by payment or by leave in lieu at the Inspector’s ordinary rate of pay.
9.5 SafeWork NSW
will decide which type of compensation to grant, having regard to the needs of
the Inspector and SafeWork NSW.
10. Annual Leave
Loading
10.1 The salary rates
in Crown Employees (Public Sector - Salaries 2021) Award include an amount of
1.5% of the relevant rate to reflect the annualisation
of leave loading.
11. Sick Leave -
Mutual Leave Fund
11.1 This award
continues the SafeWork NSW Inspectors’ Mutual Leave Fund (the Fund).
11.2 The Fund is an
additional entitlement to an Inspector’s annual sick leave entitlements and
will operate as follows:
(a) Unless
otherwise agreed between the parties, a contribution of three days sick leave
will be made from an Inspector’s annual sick leave entitlement on 1 January
each year and pooled in the Fund.
(b) These pooled
days will accumulate for the life of this award.
(c) An Inspector with
less than five days sick leave on the 1 January will not be required to
contribute any days sick leave for that year but will
be required to contribute no more than three days sick leave on 1 January of
the following year.
(d) Contributions
from an Inspector’s annual sick leave entitlement -
i. will
cease when the maximum number of pooled days reaches 2,100 days or more; and
ii. will re-start
when the number of pooled days reaches 1,500 days or less.
(e) An Inspector
will be notified regarding further contributions from their annual sick leave
entitlement when the minimum number of pooled days has been reached.
(f) If the Fund is
discontinued for any reason, the accumulated sick leave days will be
re-credited to the Inspector’s sick leave entitlement to the extent of the
contributions made, less the number of days paid to the Inspector from the
Fund.
(g) An Inspector who
transfers to a position within SafeWork NSW not covered by this award, or
transfers elsewhere in the Public Service, will have re-credited to the
Inspector’s sick leave entitlement, the contributions made less the number of
days paid to the Inspector from the Fund.
(h) An Inspector is
entitled to claim from the Fund when -
i. their
accumulated and annual sick leave entitlement is exhausted; and
ii. they have been
absent from work due to sickness or injury for 10 consecutive working days, as
a qualifying period.
(i) SafeWork
NSW may, subject to the circumstances of the case such as part time absences
for treatment of a chronic illness, reduce or waive the requirement for an
Inspector to have been absent from work for the qualifying period of 10
consecutive working days.
(j) An Inspector is
entitled to claim from the Fund for all days absent from work through sickness
or injury, including the 10 consecutive working days qualifying period.
(k) A medical
certificate must support all days claimed from the Fund.
(l) Should the Fund
be unable to meet claims because of insufficient pooled days, SafeWork NSW will
underwrite any claims until the Fund receives further contributions.
12. After Hours
Response Service
12.1 An After Hours Response Service will operate to provide a rapid
response to an emergency incident that occurs outside SafeWork NSW standard
hours and includes the Emergency Telephone and the Asbestos Demolition Response
Service.
12.2 An Inspector who
is rostered for the After Hours Response Service as
the After Hours Response Manager or as a Rostered Inspector will be paid the
allowances specified in Table 2 of this award.
12.3 An Inspector who
is rostered for the After Hours Response Service when
called out to attend an emergency incident will be paid a minimum of three
hours overtime at double time for each separate incident.
12.4 Should an
Inspector be called out to attend an emergency incident on a public holiday,
the Inspector will be paid a minimum of three hours at double time and a half
for each separate incident.
13. Motor Vehicles
13.1 A motor vehicle
will be allocated to an Inspector as a tool of work to enable the efficient and
effective operation of SafeWork NSW services.
13.2 The motor vehicle
allocated to an Inspector will be available for private use by the Inspector,
subject to the SafeWork NSW Motor Vehicle Private Use Scheme.
13.3 The parties
acknowledge that motor vehicles are allocated, along with a package of
conditions including a 38 hour week, to enable the
efficient and effective operation of services provided by field based
inspectors. SafeWork NSW acknowledges that Inspectors originally traded a 35 hour week as well as other trade offs
to obtain the conditions in this package.
14. Deduction of Union
Membership Fees
14.1 The union will provide
SafeWork NSW with a schedule setting out union fortnightly membership fees
payable by members of the union in accordance with the union's rules.
14.2 The union must
advise SafeWork NSW of any change to the amount of fortnightly membership fees
made under its rules and any variation to the schedule of union fortnightly
membership fees payable must be provided to SafeWork NSW at least one month in
advance of the variation taking effect.
14.3 Subject to 14.1
and 14.2 above, SafeWork NSW will deduct union fortnightly membership fees from
the pay of any Inspector who is a member of the union in accordance with the
union's rules, provided that the Inspector has authorised SafeWork NSW to make
such deductions.
14.4 Money so deducted
from the Inspector’s pay must be forwarded regularly to the union together with
all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
14.5 Unless SafeWork
NSW and the union agree to other arrangements, all union membership fees must
be deducted on a fortnightly basis.
14.6 Where an
Inspector has already authorised the deduction of union membership fees from
his or her pay prior to this clause taking effect, nothing in this clause will be
read as requiring the Inspector to make a fresh authorisation in order for such deductions to continue.
15. Classification
Structure
15.1 The Inspector
Classification has two streams, Inspectorial and Managerial, which represent
work of either an inspectorial nature or of a managerial nature and reflect the
different types of work performed, knowledge required, problem solving skills
employed and accountability levels established.
15.2 Appointment to
and progression within the Inspectorial stream will be in accordance with the
provisions contained in clauses 17, 18, 19 and 20 of this award.
15.3 Appointment to
and progression within the managerial stream will be by merit selection.
15.4 Transfer between
each stream, will be subject to the follow principles:
(a) An Inspector in
the Inspectorial Stream who is successful in being appointed to a role in the
Managerial Stream will transfer to the Managerial Stream role and retain their
Inspectorial Stream salary where -
i. their
Inspectorial Stream salary is higher than the salary for the Managerial Stream
role, and
ii. the functions
and scope of the Managerial Stream role, as determined by SafeWork NSW, enables
the Inspector to continue to exercise their Inspectorial skills and knowledge
in the field at the level consistent with their Inspectorial Stream salary.
(b) An Inspector in
the Managerial Stream may transfer to a role in the Inspectorial Stream
provided that -
i. there
is an identified need approved by SafeWork NSW, and
ii. the Inspector
holds the relevant competencies or other qualifications specified for the
Inspectorial Stream role to which they are transferred; or,
iii. a District Coordinator
who has held that role for 3 years and is approved to transfer into the
Inspectorial stream may do so without the need to obtain Principal Inspector
competencies. Periods of acting as a District Coordinator do not count towards
the 3-year period. A District Coordinator 2 will move to the salary rate of a
Principal Inspector 2.
(c) An Inspector
transferring to another role within the Inspectorial stream or within the
Managerial stream will be subject to procedures determined by SafeWork NSW following
consultation with the PSA.
16. Competency
Assessment
16.1 Progression to
and/or any appointment of a candidate who does not hold the position of
Inspector to the Inspector Classifications of Senior Inspector, Principal
Inspector, Assistant State Inspector and State Inspector will be subject to,
amongst other requirements, consideration of pre-established merit selection
and competency standards including a candidate holding the relevant
competencies for the role as specified in the Memorandum of Understanding.
16.2 SafeWork NSW will
ensure that a policy of equal opportunity is applied so that all Inspectors are
offered equal access to work of a nature that provides learning and development
in the disciplines and fields of knowledge relevant to competency units. This
may involve an Inspector changing groups, teams or
locations to access these opportunities.
16.3 The parties are
committed to a process of consultation on the methods to be used to assess an
Inspector against a competency unit, with a view to reaching agreement on the
methods adopted being:
(a) fairly and
justly applied,
(b) regarded by the
parties as appropriate for assessment of the Inspector against the relevant
competency unit, and
(c) consistent with
the national guidelines for assessment of competency units contained in
appropriate National Training Packages.
16.4 Changes to the
competency units selected and assigned at each Inspector classification level:
(a) will require
the parties to consult and reach agreement to those changes.
(b) will occur in
such a way as to ensure that the competency assessment process is fair and
just.
(c) The parties are
committed to a process of ensuring that the competency units selected remain
relevant and appropriate to the work of an Inspector.
17. Entry Level
Inspector
17.1 An entry level
Inspector is an Inspector recruited to an Inspector Classification role for which
they applied, on a salary level for the role that is commensurate with their
skill and experience as determined by SafeWork NSW.
17.2 Probationary
appointment and confirmation:
(a) An entry level
Inspector will be appointed on probation for a period of 12 months, or such
other period as directed by SafeWork NSW, to -
i. undertake
training for the Diploma of Government (Workplace Inspection) issued by
SafeWork NSW as a Registered Training Organisation, and
ii. receive
instruction in the conduct and performance of an Inspector.
(b) The entry level
Inspector will be eligible for confirmation of appointment when they have -
i. met
the standards required within the entry level Inspector’s training program,
which includes assignments and field activities, and have had their conduct and
performance assessed as satisfactory.
ii. been assessed
and deemed competent for the Diploma of Government (Workplace Inspection).
(c) The entry level
Inspector who has completed a period of probation in a role other than
Inspector in SafeWork NSW, or a role in another Department or other New South
Wales public authority, and was confirmed in that role, will be regarded as an
entry level Inspector and will be required to -
i. undertake the training and receive instructions as specified
in (a), and
ii. satisfy the
confirmation of appointment provisions in (b).
17.3 Should an entry
level Inspector not satisfy the confirmation of appointment provisions within
the 12-month period, SafeWork NSW may extend their probation for a further
period or periods considered appropriate by SafeWork NSW to complete the
confirmation of appointment requirements, subject to reasonable notice being
given to the entry level Inspector.
17.4 Should an entry
level Inspector fail to complete the requirements for confirmation of
appointment within the extended period, SafeWork NSW will discontinue the
provision of training and instructions and will consider the future of their
continued employment in SafeWork NSW.
18. Incremental
Progression
18.1 Incremental
progression as an Inspector from Inspector Level 1 to Inspector Level 2 and
subsequently to Inspector Level 3 will be subject to an Inspector’s conduct and
performance being assessed as satisfactory after a period of 12 months as an
Inspector Level 1, Inspector Level 2, or Inspector Level 3.
18.2 Incremental
progression within each of the Inspector classifications within the
Inspectorial Stream other than Inspector Level 1, Inspector Level 2, or
Inspector Level 3, and within the Managerial stream, will be subject to an
Inspector’s conduct and performance being assessed as satisfactory after a
period of 24 months in the Inspector’s classification.
19. Progression to
Senior Inspector or Principal Inspector
19.1 Progression to
Senior Inspector or Principal Inspector will require:
(a) the Inspector’s
conduct and performance being assessed as satisfactory, and
(b) the Inspector
holding relevant competencies for a Senior Inspector or Principal Inspector,
whichever applies.
20. Progression to
Assistant State Inspector or State Inspector
20.1 Progression to
Assistant State Inspector or State Inspector will be subject to:
(a) the Inspector
holding the relevant competencies for an Assistant State Inspector or State
Inspector, and
(b) merit selection.
21. Grievance and
Dispute Settling Procedures
21.1 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 SafeWork NSW, if
required.
21.2 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.
21.3 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 relevant Executive Director or delegate.
21.4 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.
21.5 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 relevant Executive Director.
21.6 The relevant
Executive Director may refer the matter to the Industrial Relations Secretary
for consideration.
21.7 If the matter
remains unresolved, the Executive Director 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.
21.8 An employee, at
any stage, may request to be represented by the Union.
21.9 The employee, or
the Union on their behalf, or the Executive Director may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
21.10 The employee,
Union, SafeWork NSW and the Public Service Commission will agree to be bound by
any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
21.11 Whilst the
procedures outlined in subclauses 21.1 to 21.10 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 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.
22.
Anti-Discrimination
22.1 It is the
intention of the parties bound by this award to seek to achieve the objects of
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.
22.2 It follows that
in fulfilling their obligations under the dispute resolution procedures
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 the effects and it will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provisions of this award, which by its terms or operation, has a
direct or indirect discriminatory effect.
22.3 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.
22.4 Nothing in this
clause is to be taken to effect:
(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 exempt 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.
22.5 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.
22.6 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."
23. No Extra Claims
23.1 The no extra
claims clause (clause 8) contained in the Crown Employees (Public Sector -
Salaries 2021) Award will apply to employees covered by this Award.
24. Area, Incidence
and Duration
24.1 This award will
apply to all Inspectors who occupy a position classified in the Inspector
Classifications identified in Table 1 of this award.
24.2 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Departmental of Customer Service
– SafeWork NSW Inspectors 2007) Reviewed Award published 20 December 2019 (385
I.G. 846), as varied.
24.3 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 17 September 2021.
24.4 This award remains
in force for a period of three years from 17 September 2021 or until varied or
rescinded.
Table 1 - Inspector Classifications and Salary Scales
Current salaries for classifications covered by this Award
are determined by the Crown Employees (Public Sector - Salaries 2021) Award or
its replacement and are found in the salary tables attached to that award. The
below tables are for historical purposes only.
Inspectorial Stream
|
Managerial Stream
|
|
|
Level 1
|
|
Level 2
|
|
Level 3
|
|
Senior
|
|
Inspector
1
|
|
|
|
Senior
Inspector 2
|
|
|
|
Principal
Inspector 1
|
District
Coordinator 1
|
|
|
Principal
Inspector 2
|
|
|
|
Assistant
State Inspector 1
|
District
Coordinator 2
|
|
|
Assistant
State Inspector 2
|
|
|
|
State
Inspector 1
|
Team
Coordinator 1
|
|
|
State Inspector
2
|
Team
Coordinator 2
|
|
|
|
State
Coordinator 1
|
|
|
|
State
Coordinator 2
|
|
|
|
Team
Manager 1
|
|
|
|
Team
Manager 2
|
Table 2 - After Hours Response Service Allowances
Allowances
|
Role
|
Roster Allowances
|
Phone Call Disturbance Allowance
|
|
From
first pay period commencing 1 July 2007
|
From
first pay period commencing 1 July 2007
|
After
Hours Response Manager
|
$116 per
week
|
$31 per
call received up to eight calls in24 hours
|
Rostered
Inspector
|
$116 per
week
|
$21 per
call received up to eight calls in 24 hours
|
D. SLOAN, Commissioner
____________________
Printed by the authority
of the Industrial Registrar.