Crown Employees (Parks and Gardens - Horticulture
and Rangers Staff) Award 2016
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 169007 of 2021)
|
Before Commissioner Sloan
|
20 September 2021
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Classification
Standards
4. Progression
5. Appeals
Mechanism
6. Salaries
7. Hours of
Work
8. Conditions
of Employment
9. Grievance
and Dispute Settling Procedures
10. Deduction
of Union Membership Fees
11. Consultative
Committee
12. Anti-Discrimination
13. Area,
Incidence and Duration
PART B
MONETARY RATES
Table A - Salaries
PART A
1. Title
This Award will be known as the Crown Employees (Parks and
Gardens - Horticulture and Rangers Staff) Award 2016.
2. Definitions
"Administrative Unit" means the group of employees
comprising (wholly or in part) or attached to a body, organisation or group
specified in Government Sector Employment
Act 2013. The units covered in this Award are the Botanic Gardens Greater
Sydney, the Sydney Olympic Park Authority and the Greater Sydney Parklands.
"Association" means the Public Service Association
and Professional Officers' Association Amalgamated Union of New South Wales.
"Broad Banded Role" means a role whose grading,
skills and range of duties extend beyond those defined for a single level and
will occur in Levels 2 to 15 as determined by the Chief Executive Officer.
"Chief Executive Officer" means the Chief
Executive Officer of the Botanic Gardens Greater Sydney, the Chief Executive
Officer Greater Sydney Parklands and the Chief Executive Officer of the Sydney
Olympic Park Authority.
"Employee" means and includes all persons employed
under the provisions of the Government
Sector Employment Act 2013 as varied, or other appropriate Acts.
"Secretary" means the Industrial Relations Secretary,
as established under the Government
Sector Employment Act 2013.
"Skills" means the appropriate qualifications,
relevant experience, demonstrated ability and completion of the training
modules appropriate to each level or equivalent, as determined by the Chief
Executive Officer.
3. Classification
Standards
3.1 For the purposes
of this clause:
"Employee" means and includes employees as
defined in clause 2 and special job creation and training program personnel.
"Supervision" means, in addition to normal
supervisory responsibilities, the assessment, evaluation and training of
employees and volunteers.
3.2 A role falling
within the scope of this Award must have assigned to it a classification level
determined in accordance with:
(a) the classification
standards detailed below; and
(b) where such a
system has been implemented, the accredited job evaluation system implemented
in the Administrative Unit.
3.3 The following classification
levels will apply in each Administrative Unit:
Level 1
Roles established at this level are to be used to
accommodate employees employed for limited periods of time on special training
programs. An employee assigned to a role established at Level 1 of this Award
will:
(a) work under
close direct supervision and therefore will not be required to use individual
judgement in following direction; and
(b) have, as a
minimum, basic communication skills and the ability required to:
(i) perform basic
tasks (such as digging and weeding) using basic hand tools or equipment (such
as spades and picks) for which either no previous training or experience is
required or for which no detailed on-the-job training will be required; and
(ii) communicate with
supervisors and peers;
(c) be prepared to
undertake the introductory technical and non-technical training modules.
Level 2
An employee assigned to a role established at Level 2
of this Award will:
(a) work under
general supervision and therefore will not be required to exercise individual
judgement in following direction; and
(b) have completed
the TAFE Horticultural Skills 1 technical and the introductory non-technical training
modules, or be able to demonstrate equivalent prior learning, so that they have
the basic communication skills and other skills and relevant experience
required to:
(i) perform basic
work processes (such as mowing, planting, trenching) using equipment requiring
basic training (such as brush cutters, cement mixers, power tools); and
(ii) communicate
with supervisors and other employees; and/or
(iii) communicate
non-technical information to the public.
Level 3
An employee assigned to a role established at Level 3
of this Award will:
(a) work under
minimal supervision and therefore be required to exercise limited individual
judgement in following instructions; and
(b) have completed
the TAFE Horticultural Skills 2 technical training modules and fundamental
non-technical training modules, or be able to demonstrate equivalent prior
learning and possess, if required, a current Class C driver's licence, so that
they have the basic communication skills and other skills and relevant
experience required to:
(i) perform work
processes of limited complexity (such as framework, concrete finishing,
bitumening, soil mixing, potting) using equipment of limited complexity (such
as chainsaws, soil mixing and pasteurising equipment, tractors, vehicles up to
two tonnes, ride-on mowers, street sweepers) requiring detailed training but
not requiring special licences; and
(ii) communicate
with supervisors and other employees; and/or
(iii) communicate
non-technical information to the public.
Level 4
An employee assigned to a role established at Level 4
of this Award will:
(a) work under
minimal supervision and therefore be required to exercise independent judgement
at a semi-trade level or in routine security or law enforcement procedures; and
(b) have completed
the TAFE Horticultural Skills 3 technical and fundamental non-technical
training modules, or be able to demonstrate equivalent prior learning, and
possess the special licences and basic communication skills and other skills
and relevant experience required to:
(i) perform work
processes at semi-trade level (such as construction, stone work, pesticide
spraying, garden bed preparation); and/or
(ii) operate complex
equipment requiring special licences or certificates (such as trucks over two tonnes,
front-end loaders); and/or
(iii) perform routine
security or law enforcement procedures (such as locking and unlocking of
buildings, general ground patrol, cash escort); and
(iv) communicate with
supervisors and other employees and to pass on instructions to apprentices
and/or to communicate non-technical information to the public.
Level 5
An employee assigned to a role established at Level 5
of this Award will:
(a) work under
minimal supervision and therefore be required to exercise independent judgement
at trade level, or have the ability to undertake management of a stores area,
or in routine security or law enforcement procedures; and
(b) have a
recognised horticultural trades certificate or equivalent and have completed
the transitional non-technical training modules, or be able to demonstrate
equivalent prior learning and possess the relevant licences, or have
demonstrated experience in stock control, purchasing procedures and management
of government stores, so that they have the developed communication and
interpretation skills and other skills and relevant experience required to:
(i) perform trade
level horticultural duties; and/or
(ii) maintain
security or law enforcement in low risk areas; and/or
(iii) manage a store
of a park or garden; and/or
(iv) perform visitor
service duties; and/or
(v) supervise
apprentices;
(vi) communicate with
supervisors and other employees; and/or
(vii) communicate
semi-technical information to the public.
Level 6
An employee assigned to a role established at Level 6
of this Award will:
(a) work under
minimal supervision and therefore be required to exercise independent judgement
at an advanced trade or stores management level and exercise initiative with
regard to matters of minor complexity; and
(b) have a
recognised horticultural trades certificate or equivalent and have completed
the transitional non-technical training modules, or be able to demonstrate
equivalent prior learning, so that they have the developed communication
skills, interpretation skills and other skills and relevant experience required
to:
(i) perform
advanced trade level horticultural duties (such as development of botanical
collections including detailed plant recording and documentation, field
collection); or
(ii) maintain
security or law enforcement in high risk areas; and/or
(iii) manage a store
of a park or garden; and/or
(iv) supervise
apprentices and/or other employees; and
(v) communicate
with supervisors and other employees; and/or
(vi) communicate
semi-technical information to the public.
Level 7
An employee assigned to a role established at Level 7
of this Award will:
(a) work
independently on assigned specialist work and/or lead a small work team on
assigned work and therefore be required to exercise independent judgement and
to be accountable for work performance; and
(b) have a
recognised horticultural trades certificate and have completed the intermediate
non-technical training modules, or be able to demonstrate equivalent prior
learning, so that they have the skills and relevant supervisory experience
required to:
(i) manage a small
specialist plant collection or work area (specialising in fields such as
security or law enforcement procedures, interpretation, or recreation planning,
management of a store of a large park or garden) as an individual or as the
team leader of a small team of employees (normally less than 6 employees) supervising
and training employees; and
(ii) be accountable
for completion of work to agreed standards; and/or
(iii) solve technical
problems of limited complexity; and
(iv) document and
communicate technical data and information to other employees and/or the public.
Level 8
An employee assigned to a role established at Level 8
of this Award will:
(a) work
independently on assigned specialist work and/or lead a work team on assigned
work and therefore be required to exercise independent judgement and to be accountable
for work performance; and
(b) have a
recognised horticultural trades certificate and have completed the intermediate
non-technical training modules, or be able to demonstrate equivalent prior
learning, or have demonstrated experience in running a store of a large park or
garden, so that they have the skills and relevant supervisory experience
required to:
(i) manage a
specialist garden or work area (specialising in fields such as security or law
enforcement, interpretation, or recreation planning, manage a store in a large
park or garden) as an individual or as the leader of a team of employees
(normally more than 5 employees) supervising and training employees; and
(ii) be accountable
for completion of work to agreed standards and/or
(iii) solve technical
problems of some complexity; and
(iv) document and
communicate technical data and information to employees and/or the public.
Level 9
An employee assigned to a role established at Level 9
of this Award will:
(a) work
independently on assigned specialist work programs or projects or manage a
small number (normally up to four) of work teams; and
(b) exercise
independent judgement in areas of management and/or technical expertise; and
(c) have a
recognised horticultural trades certificate (or a recognised qualification such
as interpretation or recreation planning or security) and have completed the
advanced non-technical training modules, or be able to demonstrate equivalent
prior learning, so that they have the high level of technical and/or
organisational and project co-ordination and well developed supervisory skills
and relevant experience required to:
(i) manage works
programs or projects; and
(ii) supervise
employees; and
(iii) be accountable
for completion of work to agreed standards, time frames and budgets; and
(iv) provide advice
on technical matters and/or communicate technical information to the public.
Level 10
An employee assigned to a role established at Level 10
of this Award will:
(a) work
independently on assigned specialist work programs or projects or manage
several (normally up to five or more) work teams; and
(b) exercise
independent judgement in areas of management and/or technical expertise; and
(c) have a
recognised horticultural trades certificate or equivalent (or a recognised
qualification such as interpretation or recreation planning or security) and
have completed the advanced non-technical training modules, or be able to
demonstrate equivalent prior learning, so that they have the high level
technical, organisational and project co-ordination and well developed
supervisory skills required to:
(i) manage works programs or projects; and
(ii) supervise employees; and
(iii) be accountable for completion of work of technical complexity to
agreed standards, time frames and budgets; and
(iv) provide advice
on technical matters and/or communicate technical information to the public.
Level 11
An employee assigned to a role established at Level 11
of this Award will:
(a) work
independently developing and implementing specialist projects or programs
and/or manage a number of specialists or work teams; and
(b) exercise
independent judgement in areas of management and/or technical expertise; and
(c) have a
recognised horticultural trades certificate or equivalent (or a recognised
qualification, such as interpretation or recreation planning or security) and
have completed the advanced non-technical training modules, or be able to
demonstrate equivalent prior learning, so that they have the high level
technical skills and knowledge and high level works organisation and management
skills and relevant experience required to:
(i) manage major
projects or programs, developing and co-ordinating works programs and
schedules; and
(ii) supervise
employees; and
(iii) be accountable
for meeting agreed standards, time frames and budgets; and
(iv) provide advice
on technical matters and/or communicate technical information to the public.
Level 12
An employee assigned to a role established at Level 12
of this Award will:
(a) have a recognised
trades certificate or equivalent (or a recognised qualification, such as
interpretation or recreation planning or security), or be able to demonstrate
equivalent prior learning, so that they have the superior level of works
organisation and management skills and relevant experience required to:
(i) manage the
overall functions of a small park or garden which has a small but varied plant
collection and/or small turf management areas and related infrastructure, where
management issues are of a minor complexity (such as low visitation and
recreational demands, no or few lessees or licensees operating); and
(ii) approve works
programs and projects and allocate resources and set priorities; and
(iii) monitor
performance against agreed standards, time frames and budgets; and
(iv) take overall
responsibility for the employees in a park or garden, including supervision,
motivation, training and development, and work health and safety strategies;
and
(v) represent the
organisation.
Level 13
An employee assigned to a role established at Level 13
of this Award will:
(a) have a
recognised trades certificate or equivalent (or a recognised qualification,
such as interpretation or recreation planning or security), or be able to
demonstrate equivalent prior learning, so that they have the superior level of
works organisation and management skills and relevant experience required to:
(i) manage the
overall functions of a park or garden which has either:
a large and diverse plant collection or large turf
management areas and related infrastructure where management issues are of
minor complexity (such as low visitation and recreational demands, a large
number of lessees or licensees operating) or
a small but varied plant collection and/or small turf management
areas where management issues are of considerable complexity (such as large
visitation and recreational demands, a large number of lessees or licensees
operating, or there is a high level of political sensitivity attached to the
park or garden); and
(ii) approve works
programs and projects and allocate resources and set priorities; and
(iii) monitor
performance against agreed standards, time frames and budgets; and
(iv) take overall responsibility
for the employees in a park or garden, including supervision, motivation,
training and development, and work health and safety strategies; and
(v) represent the
organisation.
Level 14
An employee assigned to a role established at Level 14 of
this Award will:
(a) have a
recognised trades certificate or equivalent (or a recognised qualification,
such as interpretation or recreation planning or security), or be able to
demonstrate equivalent prior learning, so that they have the superior level of
works organisation and management skills and relevant experience required to:
(i) manage the
overall functions of a large park or garden which has either:
a large and diverse collection of plants, where
management issues are of some complexity (such as high visitation and
recreational demands); or
a large number of simple lease and licence
arrangements, and there is some political sensitivity attached to the park or
garden; and
(ii) approve works
programs and projects and allocate resources and set priorities; and
(iii) monitor
performance against agreed standards, time frames and budgets; and
(iv) take overall
responsibility for the employees in a park or garden, including supervision,
motivation, training and development, and work health and safety strategies;
and
(v) represent the
organisation.
Level 15
An employee assigned to a role established at Level 15
of this Award will:
(a) have a recognised
trades certificate or equivalent (or a recognised qualification, such as
interpretation or recreation planning or security), or be able to demonstrate
equivalent prior learning, so that they have the superior level of works
organisation and management skills and relevant experience required to:
(i) manage the
overall functions of a large park or garden which has a large and diverse
collection of plants, where management issues are of considerable complexity
(such as high visitation and recreational demands, large and complex lease or
licence arrangements and there is a high level of political sensitivity
attached to the park or garden); and
(ii) approve works
programs and projects and allocate resources and set priorities; and
(iii) monitor performance
against agreed standards, time frames and budgets; and
(iv) take overall
responsibility for the employees in a park or garden, including supervision,
motivation, training and development, and work health and safety strategies;
and
(v) represent the
organisation.
4. Progression
4.1 Assignment to
vacant roles, other than progression through broad banded positions, must be
merit-based.
4.2 Progression
through levels where there are broad banded roles established within Levels 2
to 15 must be subject to satisfactory conduct and performance and the employee
acquiring the skills and demonstrating the ability to perform the tasks defined
for the next level and where those tasks are required to be performed.
4.3 The assessment
of the suitability of an employee to progress to the next level within an
established broad banded role must normally be undertaken one month prior to
the anniversary of the employee's assignment to Year 2 salary rate of their
current level. The employee may also make application for progression at any
other time at the discretion of the Chief Executive Officer.
4.4 The initial
assessment must be made by the employee's supervisor and reviewed by another
more senior officer from the Administrative Unit. Once this has been undertaken
the assessment is forwarded to the Chief Executive Officer or the Chief
Executive Officer's nominee for approval. An Assessment Committee will be
convened only in cases where the assessing officers recommend not to approve
the employee's progression. In such
cases the Assessment Committee will convene within one month of the assessing
officer's decision and will review the decision and make recommendations to the
Chief Executive Officer regarding the employee's suitability for progression.
4.5 Progression from
Year 1 to Year 2 within levels will be by way of an annual increment. It is subject to satisfactory conduct and
performance, as certified by the employee's supervisor and approval by the
Chief Executive Officer or the Chief Executive Officer's nominee. The
assessment of the employee's suitability for incremental progression will
normally be undertaken one month prior to the anniversary of their assignment
to their current level. The employee must be promptly notified in writing by
the Chief Executive Officer or the Chief Executive Officer's nominee of any
decision to defer payment of an increment.
4.6 An employee will
have the right of internal appeal to the Chief Executive Officer on progression
matters through the established grievance procedures as set out in clause 5 -
Appeals Mechanism. If the matter cannot
be resolved through this process, the employee may apply to the Chief Executive
Officer to appoint another Assessment Committee, whose representatives differ
from the original committee, to review the matters raised and to make
recommendations to the Chief Executive Officer.
4.7 Nothing in this clause
will preclude an employee from exercising their right, where applicable, of an
external appeal to the Industrial Relations Commission of New South Wales.
5. Appeals Mechanism
5.1 An employee of
the Botanic Gardens Greater Sydney, the Sydney Olympic Park Authority or the
Greater Sydney Parklands will have the right to appeal any decision made by
their Agency in relation to their performance assessment review or in relation
to promotion on merit from one level to another where this is available under
the provisions of this Award.
5.2 Employees must
submit a written submission outlining their case to the Chief Executive Officer
within 28 days of the decision being appealed.
5.3 The Chief
Executive Officer must constitute an appeals committee made up of one
management representative, one relevant Association representative and one peer
who is acceptable to both management and the Association.
5.4 The appeal must
be heard within 28 days of it being lodged and the recommendation of the
committee must be forwarded to the Chief Executive Officer or the Chief
Executive Officer's nominee.
5.5 The decision of
the Chief Executive Officer or the Chief Executive Officer's nominee must be
forwarded to the employee concerned within seven working days of the appeal
being heard.
5.6 Nothing in this
appeals mechanism restricts a right of appeal to the Industrial Relations
Commission of New South Wales. It would be expected that the appeals mechanism
would be utilised prior to a formal appeal.
6. Salaries
6.1 The salaries
rates are set out in Table A of Part B, Monetary Rates of this Award.
6.2 The salary rates
are set in accordance with the Crown Employees (Public Sector - Salaries 2021)
Award or any variation or replacement Award.
7. Hours of Work
7.1 The ordinary
working hours will be an average of 38 per week and be worked in accordance
with the following provisions for a four-week work cycle:
(a) the ordinary
working hours will be worked as twenty-day, four week cycle, Monday to Sunday,
inclusive, with nineteen working days of eight hours each. These hours will be
between 6:00 a.m. and 6:00 p.m., except in the case of Rangers, whose spread of
hours will be 6:30 a.m. to 10:00 p.m. 0.4 of one hour on each day worked will
accrue as an entitlement to take one rostered day off in each work cycle as a
day off paid for as though worked.
(b) the day off will
in all cases be on a rostered basis and be subject to management's prerogative
to best suit the working needs of the organisation.
7.2 The Administrative
Unit may require an employee to perform duties beyond the hours determined
under this clause but only if it is reasonable for the employee to do so. An
employee may refuse to work additional hours in circumstances where the working
of such hours would result in the employee working unreasonable hours. In
determining what is unreasonable the following factors must be taken into
account:
(a) the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements;
(b) any risk to
employee health and safety;
(c) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services;
(d) the notice (if
any) given by the Administrative Unit regarding the working of the additional
hours, and by the employee of their intention to refuse the working of
additional hours; or
(e) any other
relevant matter.
8. Conditions of
Employment
The employees 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 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.
9. Grievance and
Dispute Settling Procedures
9.1 All grievances
and disputes relating to the provisions of this Award must 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 Administrative
Unit, if required.
9.2 An employee is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
9.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977 that makes
it impractical for the employee to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Chief Executive Officer or delegate.
9.4 The immediate
manager, or other appropriate officer, must 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.
9.5 If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager must 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 Chief Executive Officer.
9.6 The Chief
Executive Officer may refer the matter to the Secretary for consideration.
9.7 If the matter remains
unresolved, the Chief Executive Officer must provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
9.8 An employee, at
any stage, may request to be represented by the Association.
9.9 The employee or
the Association on their behalf or the Chief Executive Officer may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
9.10 The employee,
Association, Administrative Unit and the Secretary must agree to be bound by
any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
9.11 Whilst the
procedures outlined in sub-clauses 9.1 to 9.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty must continue unless otherwise agreed between the parties, or, in
the case involving work health and safety, if practicable, normal work must
proceed in a manner which avoids any risk to the health and safety of any
employee or member of the public.
10. Deduction of Union
Membership Fees
10.1 The Association
must provide a schedule setting out Association fortnightly membership fees
payable by members of the Association in accordance with the Association’s
rules.
10.2 The Association
must advise the Administrative Unit 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 must be provided at least one
month in advance of the variation taking effect.
10.3 Subject to
subclauses 10.1 and 10.2 of this clause, Association fortnightly membership
fees must be deducted 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.
10.4 Monies so
deducted from the employee’s pay must 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.
10.5 Unless other
arrangements are agreed with the Association, all Association membership fees
must be deducted on a fortnightly basis.
10.6 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 must be read
as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
11. Consultative
Committee
11.1 A Joint
Consultative Committee will be established to monitor the implementation of
this Award.
11.2 The committee
must consist of a representative of management and a representative of the
Public Service Association and Professional Officers' Association Amalgamated Union
of New South Wales, the latter chosen at the Association's discretion.
12.
Anti-Discrimination
12.1 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.
12.2 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.
12.3 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.
12.4 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.
12.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
12.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
12.7 Section 56(d) of
the Anti-Discrimination Act 1977
provides:
"Nothing in this 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."
13. Area, Incidence
and Duration
13.1 This Award applies
to all classifications referred to in the Area, Incidence and Duration clause
of the former Crown Employees (Parks and Gardens - Horticulture and Rangers
Staff) Award 20016 and also to the classification of Purchasing/Stores Officer,
Botanic Gardens Greater Sydney, and Purchasing/Stores Officer, Australian
Native Botanic Gardens, Mount Annan.
13.2 This Award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Parks and Gardens - Horticulture and
Rangers Staff) Award 2016 published 17 April 2020 (387 I.G. 689), as varied.
13.3 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 20 September 2021.
13.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART b
MONETARY RATES
Table A - Salary Rates
|
Classification
|
Common Salary Point
|
2.04% increase
effective from the first full pay period on or after
|
|
|
|
1 July 2021
|
|
|
|
Per Annum
|
|
|
|
$
|
|
Horticultural Apprentice Year
1
|
-
|
29,607
|
|
Horticultural Apprentice Year
2
|
-
|
39,476
|
|
Horticultural Apprentice Year
3
|
-
|
49,346
|
|
Horticultural Apprentice Year
4
|
27
|
55,922
|
|
Level 1
|
15
|
48,677
|
|
Level 2, Year 1 (Minimum)
|
23
|
54,049
|
|
Level 2, (Maximum)
|
26
|
55,476
|
|
Level 3 Year 1, (Minimum)
|
30
|
57,461
|
|
Level 3, (Maximum)
|
34
|
59,508
|
|
Level 4, Year 1, (Minimum)
|
38
|
61,687
|
|
Level 4, (Maximum)
|
41
|
63,544
|
|
Level 5, Year 1, (Minimum)
|
45
|
65,793
|
|
Level 5, (Maximum)
|
48
|
67,552
|
|
Level 6, Year 1, (Minimum)
|
51
|
69,445
|
|
Level 6, (Maximum)
|
54
|
71,369
|
|
Level 7, Year 1, (Minimum)
|
57
|
73,393
|
|
Level 7, (Maximum)
|
60
|
75,588
|
|
Level 8, Year 1, (Minimum)
|
63
|
77,979
|
|
Level 8, Maximum
|
67
|
81,158
|
|
Level 9, Year 1, (Minimum)
|
71
|
84,339
|
|
Level 9, (Maximum)
|
75
|
87,493
|
|
Level 10, Year 1, (Minimum)
|
78
|
90,253
|
|
Level 10, (Maximum)
|
81
|
92,788
|
|
Level 11, Year 1, (Minimum)
|
89
|
100,431
|
|
Level 11, (Maximum)
|
95
|
106,672
|
|
Level 12, Year 1, (Minimum)
|
109
|
122,494
|
|
Level 12, (Maximum)
|
112
|
126,120
|
|
Level 13, Year 1, (Minimum)
|
115
|
129,819
|
|
Level 13, (Maximum)
|
118
|
133,712
|
|
Level 14, Year 1, (Minimum)
|
121
|
137,826
|
|
Level 14, (Maximum)
|
124
|
142,087
|
|
Level 15, Year 1, (Minimum)
|
127
|
146,734
|
|
Level 15, (Maximum)
|
130
|
151,609
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.