Crown Employees (Department of Finance, Services
and Innovation) Award 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 128167 of 2021)
Before Commissioner Sloan
|
23 September 2021
|
REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Parties to
the Award
4. Classifications
and Salaries
5. Leave Loading
included in Salary
6. Savings of
Rights
7. Conditions
of Employment
8. Private
Use of Business Vehicles
9. Career
Development
10. Child Care
11. Tailored
Benefits for Relocation
12. Grievance
and Dispute Settling Procedures
13. Consultative
Arrangements
14. Anti-Discrimination
15. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Classification Schedules
1. Title
This award will be known as the Crown Employees (Department
of Finance, Services and Innovation) Award 2015.
2. Definitions
"Act" means the Government Sector Employment Act 2013.
"Department" means the Department of Customer
Service, the Department of Planning, Industry and Environment and Department of
Regional NSW, as specified in Schedule 1 of the Government Sector Employment Act 2013.
"Secretary" means the Secretary of the Department
of Customer Service, of the Department of Planning, Industry and Environment or
of the Department of Regional NSW.
"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 employee.
"Employee" refers to people employed in the
relevant Department who are paid by salary. These terms exclude those employed
in the Senior Executive Service and Ministerial (Wages) Staff.
"Salary" excludes the employer's contribution to
superannuation. Salary may take the form
of a salary package including non-monetary compensation.
"Salary Point" means a salary nominated within a
grade or level.
"Union" means the Public Service Association and
Professional Officers’ Association Amalgamated Union of New South Wales (PSA)
or Professionals Australia (NSW Branch) (PA) having regard to their respective
coverage.
3. Parties to the
Award
The parties to this award are the Industrial Relations
Secretary, the Department of Customer Service, the Department of Planning,
Industry and Environment, Department of Regional NSW, the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales (PSA) and Association of Professional Engineers, Scientists and
Managers, Australia (NSW Branch) known as "Professionals Australia".
4. 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 out in 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
during 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 section 68
Unsatisfactory performance of government sector employees and section 69, Misconduct
- Public Service and other prescribed government sector employees of the Government Sector Employment Act 2013.
5. Leave Loading
Included in Salary
In accordance with the arrangement commencing 1 December
1995 in the former Department of Public Works and Services, the classifications
salary rates referred to in this award include an additional 1.35% payment in
lieu of a recreation leave loading.
6. Saving of Rights
At the time of making of this award, no employee covered by
this Award will suffer a reduction in their rate of pay or any loss or
diminution in their conditions of employment as a consequence
of the making of this Award. This
clause is not intended to give rise to further claim.
7. 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, Government Sector Employment (General) Rules 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.
8. Private Use of
Business Vehicles
Employees, subject to availability of motor vehicles and
Management approval, may use departmental vehicles for private purposes. Such employees can negotiate to include
private use of a vehicle in a salary package.
Private use of vehicles is determined by business need, not
remuneration level, and all vehicles must be fully available for business use
during normal working hours.
Salary packaging is not compulsory, and vehicles remain the
property of the relevant Department. Costs and payments are to be the same as
those applying to the Senior Executive Service, as applied from time to time.
The arrangements set out in this clause do not promote or
allow casual and short-term use of departmental vehicles for private use.
9. Career Development
The Department is committed to the ongoing learning and
development of its employees. Employees will be provided with equitable
opportunities for career and professional development.
It is recognised that training and development will not be
limited to internal and external training courses and may include employee
exchange programs, secondments, attendance at conferences, seminars or
short-term study courses that have been approved by the Department for the
employee to attend. The Department will continue to meet the cost of such
training and development initiatives.
The Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 provisions
for Study Assistance and Staff Development and Training Activities will apply
to employees with the following additional provisions:
The Department will make reasonable contributions towards
compulsory fees (tuition fees or course changes, other than the Higher
Education Contribution Surcharge), where the Deputy Secretaries, Divisional
Directors or Group General Managers approve payments because they are justified
by the relevance of studies to the current and future skills requirements of
the Department.
Study leave will be granted for post-graduate studies
directly related to the Department’s core business, at the discretion of the
Secretary.
10.
Child Care
The Department will
continue to sponsor child care places in the Family
Day Care Scheme throughout New South Wales for those
employees under this award who were employed by the former DFSI. Family Day
Care provides small group care in a family environment and caters for children
aged up to 12.
11. Tailored Benefits
for Relocation
(1) A package will
provide tailored benefits for staff required to relocate. The benefits will be
equal to, or better than, the current provisions of the Crown Employees (Transferred Employees Compensation) Award.
(2) A package of
variable, individually negotiated benefits will be established to compensate
for the expenses and associated dislocation experienced by staff required to
relocate their residence as a consequence of promotion,
transfer (for other than disciplinary reasons) or exchange to a new work
location.
(3) The scope of
the package will be defined prior to time of acceptance of the new position and
will include:
(a) Reimbursement
of up to 100% of relocation expenses associated directly with the transfer or
promotion
(b) Reimbursement of
up to 100% for temporary accommodation and/or excess rental costs up to a
period of 6 months
(c) Payment of a
relocation allowance of up to $5,000.00 (dependent on individual circumstances)
to compensate for items not directly recoverable.
(4) These
provisions are available to all staff, subject to negotiation and approval on
an individual basis.
12. Grievance and
Dispute Handling Procedures
(1) All grievances
and disputes relating to the provisions of this award will initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the Department, if
required.
(2) The 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.
(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 Secretary or delegate.
(4) The immediate
manager, or other appropriate officer, will convene a meeting to resolve the
grievance, dispute or difficulty within two (2)
working days, or as soon as practicable, of the matter being brought to
attention.
(5) If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management 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 Secretary.
(6) The Secretary
may refer the matter to the Industrial Relations Secretary for consideration.
(7) If the matter
remains unresolved, the Secretary will provide a written response to the
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.
(8) The employee, at
any stage, may request to be represented by their Union.
(9) The employee or
the Union on their behalf, or the Secretary may refer the matter to the New
South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
(10) The employee,
Unions, Department and Industrial Secretary will agree
to be bound by any order or determination by the New South Wales Industrial
Relations Commission in relation to the dispute.
(11) Whilst the
procedures outlined in subclauses (1) to (10) of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty will continue unless otherwise agreed between the parties or, in the
case involving Work Health and Safety, if practicable, normal work will proceed
in a manner that avoids any risk to the health and safety of any employee or
member of the public.
13. Consultative
Arrangements
The Consultative Arrangements for the Department are
governed by the Consultative Committee Terms of Reference and Memorandum of
Understanding.
14.
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 or domestic status, disability, homosexuality,
transgender identity, HIV/AIDS infected, 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.
(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."
15. Area, Incidence
and Duration
(1) This award applies
to employees of the relevant Department in the classifications listed in Table
1 of Part B, Monetary Rates, excluding those employed in NSW Fair Trading,
Lands and Property Information, Office of State Revenue, Waste Assets
Management Corporation and Government Property NSW.
(2) 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 Finance, Services and
Innovation) Award 2015 published 25 October 2019 (385 I.G. 482), as varied.
The changes made to the award as part of 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 24 September 2021.
(3) Changes made to
this award subsequent to it first being published on
11 July 2008 (366 I.G. 149) have been incorporated into this award as part of
the review.
(4) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Classification Schedules
Salary Rates aligning to the classifications set out below
can be found in the Crown Employees (Public Sector - Salaries 2021) Award or
any variation or replacement award.
PROFESSIONAL STAFF
Grade
|
Year
|
General Scale
|
1
|
General Scale
|
HSC 19 yrs
|
General Scale
|
2 or age 20
|
General Scale
|
3 or age 21
|
General Scale
|
4
|
General Scale
|
5
|
General Scale
|
6
|
General Scale
|
7
|
General Scale
|
8
|
General Scale
|
9
|
General Scale
|
10
|
General Scale
|
11
|
General Scale
|
12
|
General Scale
|
13
|
1
|
1
|
|
2
|
|
3
|
|
4
|
|
5
|
2
|
1
|
|
2
|
|
3
|
|
4
|
3
|
1
|
|
2
|
|
3
|
|
4
|
4
|
1
|
|
2
|
|
3
|
SENIOR PROFESSIONAL STAFF
Level
|
Year
|
Senior 1
|
1
|
|
2
|
Senior 2
|
1
|
|
2
|
Senior 3
|
1
|
|
2
|
PROJECT STAFF
Grade
|
Year
|
1
|
1
|
|
2
|
2
|
1
|
|
2
|
3
|
1
|
|
2
|
4
|
1
|
CLERICAL STAFF
Grade
|
Year
|
General Scale
|
1
|
General Scale
|
HSC 19 yrs
|
General Scale
|
2 or age 20
|
General Scale
|
3 or age 21
|
General Scale
|
4
|
General Scale
|
5
|
General Scale
|
6
|
General Scale
|
7
|
General Scale
|
8
|
General Scale
|
9
|
General Scale
|
10
|
*Personal
|
|
1
|
1
|
|
2
|
2
|
1
|
|
2
|
3
|
1
|
|
2
|
4
|
1
|
|
2
|
5
|
1
|
|
2
|
6
|
1
|
|
2
|
7
|
1
|
|
2
|
8
|
1
|
|
2
|
9
|
1
|
|
2
|
10
|
1
|
|
2
|
11
|
1
|
|
2
|
12
|
1
|
|
2
|
TECHNICAL STAFF (A)
Grade
|
Year
|
General Scale
|
1 or 16 yrs
|
General Scale
|
2 or 17 yrs
|
General Scale
|
3 or 18 yrs
|
General Scale
|
4 or 20 yrs
|
General Scale
|
5 or 21 yrs
|
General Scale
|
6
|
General Scale
|
7
|
General Scale
|
8
|
General Scale
|
9
|
General Scale
|
10
|
General Scale
|
11
|
General Scale
|
12
|
General Scale
|
13
|
General Scale
|
14
|
I
|
1
|
|
2
|
|
3
|
|
4
|
|
5
|
II
|
1
|
|
2
|
|
3
|
|
4
|
III
|
1
|
SENIOR TECHNICAL (A)
Grade
|
Year
|
Senior I
|
1
|
|
2
|
|
3
|
Senior II
|
1
|
|
2
|
Senior III
|
1
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.