Crown Employees (Department of Industry, Skills and
Regional Development) Fisheries Employees Award
INDUSTRIAL RELATIONS COMMISSION
OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 144233 of 2021)
|
Before Commissioner Sloan
|
11 October 2021
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Parties to
the Award
3. Definitions
4. Salaries
5. Allowances
and Loadings
6. Hours of
Work and Working Hours Arrangements
7. Housing
8. Family and
Community Service Leave
9. Consultative
Arrangements
10. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
11. Working
From Home
12. Work and
Family Issues
13. Anti-Discrimination
14. Deduction
of Union Membership Fees
15. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2- Other Rates and Allowances
Attachment A - Fisheries Technician Classification -
Competency Standards
Attachment B - Fisheries Officer Classification
-Competency Standards
PART A
1. Title
This Award will be known as the Crown Employees (Department of Regional NSW) Fisheries Employees Award.
2. Parties to the
Award
This Award is binding upon the Industrial Relations
Secretary, the Public Service Association and Professional Officers Association
Amalgamated Union of New South Wales, the Construction Forestry Mining and
Energy Union (New South Wales Branch) and the Electrical Trade Union of
Australia, NSW Branch; in so much as it affects those persons previously
covered by the Crown Employees
(Skilled Trades) Award published 22 June 2001 (325 I.G. 749), as varied.
3. Definitions
"AFMA" means the Australian Fisheries Management
Authority
"Association" or "Union" means the
Public Service Association and Professional Officers Association Amalgamated
Union of New South Wales, Construction Forestry Mining and Energy Union (NSW
Branch) or Electrical Trades Union, NSW Branch.
"Department" means the Department of Regional NSW as
established under Schedule 1, Part 1 of the Government
Sector Employment Act 2013.
"Employees" means and includes all persons
employed on an ongoing full time, ongoing part time or temporary basis under
the provisions of the Government Sector
Employment Act 2013, who, on the operative date or during the period of
operation of this award, are assigned to a role to perform the duties and roles
of the former NSW Fisheries within the Department.
"Employer" means the Industrial Relations Secretary,
or as otherwise defined in s 49(1) of the Government
Sector Employment Act 2013.
"FFPP" means the first full pay period.
“Industrial Secretary” means
NSW Fisheries forms part of the Department of Primary
Industries within the Department of Regional NSW under Schedule 1, Part 1 of the
Government Sector Employment Act
2013.
"Secretary" means the Secretary of the Department
of Regional NSW established under the Government
Sector Employment Act 2013.
4. Salaries
(i)
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 Part B, Monetary
Rates, Table 1 and Table 2, of this award are subject
to the rates as set by the Crown
Employees (Public Sector - Salaries 2021) Award or any award replacing
it.
(a) Loading for
Fisheries Officers -
(1) Due to the
range of times that Fisheries Officers may be required to work a salary loading
of 13.7 per cent will apply to all roles
(2) The loading is
based on the following formula for a shift of 7.6 hours:
eight shifts every four weeks starting or finishing
outside 7.30 am and 6.00 pm Mondays to Fridays;
one Saturday shift every four weeks between 7.30am to
6.00pm;
one Sunday shift every four weeks between 7.30am to 6.00pm;
ten shifts every four weeks between 7.30am and 6.00pm;
one shift on five public holidays every year between
7.30am and 6.00pm.
(3) Therefore, the
loading is calculated on the following formula:
|
|
Additional loading every
week
|
|
Penalty equivalent in
relation to 2 shifts each week other than day shifts of 7.6 hours @ 15 per cent
extra based on 46 weeks on duty each year:
|
|
|
2 x 7.6 x 0.15 x
46
|
=
|
2.0 hours
|
|
52
|
|
|
|
Penalty equivalent in
relation to 7.6 hours on one Saturday (50 per cent extra) and one Sunday
|
|
|
(75 per cent extra) each 4
weeks:
|
|
|
3.8 + 5.7 x 46 ¸ 52
|
=
|
2.1 hours
|
|
4
|
|
|
|
Penalty equivalent in
relation to 7.6 hours worked on 5 public holidays each year (150 per cent)
extra:
|
|
|
|
|
7.6 x 5 x 1.5 ¸ 52
|
=
|
1.1 hours
|
|
|
|
5.2 hours
|
|
In order to
load the base salary by 5.2 hours an addition of 13.7 per cent is required:
|
|
(b) Fisheries
Technicians - Existing employees remain eligible to progress to the maximum
rate available in their previous classifications, subject to meeting competency
standards.
(c) Loading for
Fish Hatchery Staff - The loading of 11.05 per cent is paid to employees who
are required to regularly work outside normal working hours.
Due to the range of times Managers and Assistant
Managers may be required to work, a salary loading of 11.05 per cent will be
applied to their roles. Guides and
attendants at hatcheries who are also required to work such hours will also be
entitled to the payment of the loading.
5. Allowances and
Loadings
(a) Annual Leave
Loading - The 17.5 per cent annual leave loading will be paid to all employees
on the first available pay day in December of each year, and be based on the
annual leave accrued during the preceding period between 1 December and 30
November
(b) Sea Going
Allowance - An employee who is absent from his/her port of departure for ten
hours or more will be entitled to the provisions of the following clauses of
the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009, as varied or replaced.
|
Clause 26:
|
Travelling Compensation
|
|
Clause 27:
|
Excess Travelling Time
|
|
Clause 28:
|
Waiting Time
|
|
Clause 29:
|
Meal Expenses on One-Way Journeys
|
|
Clause 30:
|
Restrictions on Payment of Travelling Allowances
|
|
Clause 31:
|
Increase or Reduction in Payment of Travelling Allowances
|
|
Clause 32:
|
Production of Receipts
|
|
Clause 33:
|
Travelling Distance
|
(c) Freezer
Inspection Allowance - A Fisheries Officer who undertakes an AFMA inspection of
freezer hold(s) on a fishing vessel will be paid an allowance - for each
inspection for each vessel for each day - as set out in Item 1 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
(d) Regional Dive
Coordinator Allowance is paid for a temporary assignment to perform the
additional responsibilities of the role in accordance with the Department’s
Diving Code of Practice. An assignment
will be for a period of up to 3 years and as a result of
an Expression of Interest. The allowance
is set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates and is adjusted in accordance with the percentage increase
applying to salary rates.
(e) Regional Dive
Officer Allowance is paid for a temporary assignment, reporting to the Regional
Dive Coordinator, to perform the additional responsibilities of the role in
accordance with the Department’s Diving Code of Practice. An assignment will be
for a period of up to 3 years and as a result of an
Expression of Interest. The allowance is
set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates and is adjusted in accordance with the percentage increase applying to
salary rates.
6. Hours of Work and
Working Hours Arrangements
(a) Flexible Work
Hours - The provisions of this clause are available to all employees other than
Fisheries Officers, Managers and Assistant Managers at hatcheries and employees
covered by Senior Executive arrangements.
(i) General
- A flexible approach to hours of work will be adopted in relation to working
hours and working arrangements within the parameters of the business needs of
the Department
A flexible working hour’s system is established whereby
individual employees may select their starting and finishing times, subject to
the business needs of the Department.
The system has been developed on the understanding that service delivery
standards are maintained at all times. It is expected that employees and managers of
work units will actively participate in the development and implementation of
mutually acceptable working arrangements that recognise the obligations and
responsibilities of each. An objective
of these arrangements is to provide for better time management within the
Department and to preclude the excessive accruals and/or forfeiture of hours.
The following provisions replace in full arrangements
established under clause 21, Flexible Working Hours, of the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 as varied or replaced.
(ii) Hours Worked -
An employee may only accumulate credit hours in excess of the minimum daily
contract hours where work is available and it is
convenient to the Department for the employee to work.
Nothing in this award will prevent the Secretary from
reverting to standard ordinary working hours where it is evident that an
employee is not observing the conditions of this clause and any associated
administrative instructions or not maintaining a satisfactory level of conduct
or performance of duty.
Standard hours are 8.30am to 4.30pm Monday to Friday
with a one hour lunch break.
(iii) Bandwidth -
Bandwidth is the period during the day when an employee may record time worked
and shall be from 7.30am to 6.00pm Monday to Friday.
Time may be credited to an employee for work undertaken
outside the bandwidth if prior approval is obtained.
By mutual agreement, the Secretary may vary the
bandwidth period for an individual employee on either a permanent or temporary
basis.
Where an employee, by mutual agreement, works outside
the bandwidth period to meet specific work requirements, then hours worked
outside the bandwidth will be credited at time and a half and meal allowances,
if appropriate, will be paid. The
provisions of the Shift Work and Overtime clauses of the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 as varied or replaced continue to
apply when employees are directed to work outside the bandwidth times.
An employee may refuse to work additional hours or
overtime in circumstances where the working of such hours would result in the
employee working unreasonable hours. In
determining what is unreasonable the following factors will be taken into account:
1. the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements,
2. any risk to
employee health and safety,
3. the urgency of
the work required to be performed during additional hours or overtime, the
impact on the operational commitments of the organisation and the effect on
client services,
4. the notice (if
any) given by the Secretary regarding the working of the overtime or additional
hours, and by the employee of their intention to refuse the working of
additional hours, or
5. any other
relevant matter.
(iv) Coretime - Coretime will
generally be between 9.30 am and 3.30 pm and all employees are required to be
on duty, unless on authorised leave.
The luncheon period is not part of core time.
By mutual agreement, the Secretary may vary the core time period for an individual employee on either a permanent
or temporary basis.
(v) Luncheon Period
and Meal Breaks - An employee is entitled to take a luncheon period of one hour
between 11.30am and 2.30pm.
By mutual agreement, the Secretary may vary the
luncheon period for an individual employee on either a permanent or temporary
basis.
An employee may extend the luncheon period to a maximum
of two and a half hours, but only with prior approval. Such an extension must not prevent the proper
functioning of the Department or the specific work area to which the employee
is attached.
An employee may reduce the luncheon break on the basis
that a minimum of thirty minutes is taken.
An employee will not be required to be on duty without
a luncheon break for more than five hours from the time of commencement.
(vi) Contract Hours -
The daily contract hours for an employee are the weekly hours divided by five.
Contract hours for a settlement period are the normal
weekly hours multiplied by four.
When leave for part of a day is involved, the amount of
leave to be applied for is to be determined by subtracting the hours worked on
that day from the daily contract hours.
(vii) Accumulation and
Carry Over of Hours - An employee may accumulate credit or debit hours
throughout a settlement period, provided that at the end of the settlement
period the number of credit hours carried forward does not exceed 35 hours and
debit hours does not exceed 10 hours.
Where an employee’s accumulation of credit hours at the
end of a settlement period exceeds 35 hours, the excess hours will be
forfeited.
The Secretary will make every effort to ensure that an
employee does not forfeit excess credit hours at the conclusion of settlement
periods as a result of requests for flexible hours or
flexi leave being refused.
Where an employee's accumulation of debit hours at the
end of a settlement period exceeds 10 hours, the excess hours accumulated will
be debited against the employee's accrued recreation leave or, should the
employee have no such leave available, will be taken as leave without pay.
For the purpose of determining
whether an employee has accumulated credit or debit hours during a settlement
period, the employee will be deemed to have notionally worked the daily
contract hours or the appropriate portion thereof on a day, or part of a day,
upon which the employee was absent on approved leave, not being flexi leave.
(viii) Flexi leave - An
employee may apply to take a maximum of five days flexi leave within each
settlement period. Leave may be taken in
multiples of a quarter of a day.
An employee must obtain approval prior to proceeding on
flexi leave.
It is not necessary for an employee to have a credit
balance when taking flexi leave.
Flexi leave may be taken before or immediately after
recreation leave. It may not be taken
during a period of recreation leave.
(ix) Commencement or
Cessation of Duty During Core time - Where an employee consistently commences
duty after the commencement of core time, including resumption after the
luncheon period, and provides no reasonable excuse the employee must apply for
the appropriate amount of leave without pay, or recreation leave if approved by
the Secretary, in multiples of a quarter of a day.
Where an employee ceases duty prior to the cessation of
core time without prior approval, the total period from the cessation time to
the normal business cessation time will be classified as leave without pay.
(x) Travelling on
Official Business - Any travel on official business during bandwidth times will
be treated as time worked for the purposes of this clause.
Employees will be compensated for travelling time
outside the bandwidth hours in accordance with the travelling compensation
provisions as prescribed in the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 as
varied or replaced.
(xi) Termination of
Service - Where an employee has an accumulation of debit hours at the completion
of the last day of service, the recreation leave or
monies owing to that employee will be adjusted accordingly.
An employee may receive compensation for accumulated
credit hours outstanding as at the last day of service where an employee's
services are terminated without notice for reasons other than misconduct, and
where an application for a period of flexi-leave which would have eliminated
the accumulated credit hours was made during the period of notice of retirement
or resignation and was refused.
(b) Fisheries
Officers - For the purpose of this Award, working arrangements of Fisheries
Officers will be 152 hours undertaken across any 20 days for each 28 calendar day period and will be undertaken at times to
meet the specific service needs of the Department.
By mutual agreement with a supervisor, a Fisheries
Officer may accumulate an additional 15.2 hours each four weeks which may be
carried forward to reduce the number of hours worked in the following four week period but must be taken during bandwidth hours
(7.30am to 6.00pm) Monday to Friday. Any
accumulated hours not taken during the next four week
period will be forfeited.
Fisheries Officers must submit a work program to their
respective supervisor in advance for approval.
Such programs are to cover the next two weeks work period or any period
required by the Secretary.
Work programs may be amended at any time by mutual
agreement or within the following:
Day Shifts Only - Programmed hours may be amended by a
supervisor with 24 hours’ notice, as long as new hours
fall within the 7.30 am to 6.00 pm bandwidth on the same day. The new hours will be no longer than the
hours originally scheduled to be performed on that day.
Night/Weekend/Public Holiday Shifts Only - For un-programmed
starts that commence within one hour of programmed starting times the shift
will commence early and not attract any overtime or penalty provisions because
of the early start.
For un-programmed starts that commence more than one
hour before a programmed starting time, the period between the actual starting
time and the programmed starting time, or the ceasing of the un-programmed duty
(whichever is the earliest), will attract overtime provisions. In such cases, the Fisheries Officer will be
required to work their programmed shift or take time in lieu from his/her
overtime entitlements.
Programmed Days Off - Where a Fisheries Officer is
directed to undertake work on a programmed day off all hours worked on that day
will attract overtime provisions.
Inland Weekend Work - A Fisheries Officer stationed in
an inland location can be directed to work a maximum of two complete weekends
each four week period totalling not more than 12
Saturdays and 12 Sundays on a yearly basis.
A Fisheries Officer can be directed to work a maximum
of two ten-hour shifts in the field each four week
period. A Fisheries Officer can only be
directed to work on a maximum of 20 days of each 28-day period. This can be exceeded by mutual agreement. By mutual agreement, work programs may
include split shifts.
Where a Fisheries Officer is directed to work a
ten-hour continuous shift, two unpaid meal breaks must be taken during the
shift. The second meal break will
attract a meal allowance as set out in Item 4 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
The meal allowance is set in accordance with the Overtime Meal
Allowances for breakfast, lunch and dinner in the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 as varied or replaced.
Should a Fisheries Officer be required to work a period
longer than 14 consecutive hours, then that employee will take a ten hour break before commencing work. If a break occurs during, or overlaps, the
next programmed hours of duty - those hours of duty will still be
credited. There will be a minimum
eight-hour break between directed shifts.
Any shift performed on a weekend outside the 7.30am to
6.00pm bandwidth times contributes towards a weekend duty and an out of hour’s
duty. Only one out of hours and one
weekend shift may be credited for each shift during weekend duty.
(c) Flexible
Working Hours for the Managers and Assistant Managers at Hatcheries - A
flexible working hour’s system, similar to the
provisions set out in sub clause (a) of this clause, will apply to Managers and
Assistant Managers of trout hatcheries with the following changes.
The normal working week will be 35 hours spread across
Monday to Sunday, - seven days each week.
Due to operational needs trout hatcheries will need to
be staffed, at a minimum level, on Saturdays, Sundays and public holidays and a
loading has been established under subclause (c) of clause 4, Salaries, to
compensate Managers and Assistant Managers.
Generally, officers will be rostered on duty for ten
calendar days and rostered off duty for four calendar days.
7. Housing
(a) Operational
Needs - Due to operational needs, employees assigned to specific roles may be
required to occupy residences owned by the Department. Under this award, housing and rental arrangements
are established.
The Secretary is the sole judge in deciding if a
residence is required to meet the operational needs of the Department.
(b) Rental - a
weekly rental rate for Fisheries Officers occupying residences identified under
subclause (a) of this clause will be 30 per cent of the average market rate
across all similar Fisheries Officers' residences in the state. The market rate will be reviewed every 12 months or any other period as determined by the Secretary.
A weekly rental rate for Managers and Assistant
Managers of trout hatcheries occupying residences identified under subclause
(a) will be 30 per cent of the actual market rental. The market rate will be reviewed every twelve
(12) months or any other period as determined by the
Secretary.
(c) General - The
weekly rental rate for premises that are essential for the operational
activities of the Department, and not occupied by Fisheries Officers or located
at Trout Hatcheries, will be set at 30 per cent of the market rental rate. The market rate will be reviewed every 12 months or any other period as determined by the Secretary.
(d) Where a
residence is not essential for operational activities an employee may, subject
to the Secretary’s approval, rent the premise at full market rental or at any
other rate as approved by the Secretary.
(e) The Secretary
may dispose of a residence at any time, subject to the employee occupying the
residence being given at least six month notice to
vacate the premise.
(f) During the term
of this award, an employee occupying a Departmental residence will be eligible
for assistance under the Crown
Employees (Transferred Employees Compensation) Award if the employee
moves residence because the Departmental residence is declared surplus to
operational needs.
8. Family and
Community Service Leave
The following provisions replace the Family and Community
Services Leave provisions contained under clause 71 of the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 as varied or replaced.
The Secretary may grant paid Family and Community Service
Leave to an employee to meet family activities and community service
responsibilities as described subclause 71.2 of the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009 as varied or replaced
The maximum amount of leave under this clause will be five
working days in any period of 12 months; or the period calculated by allowing
one working day for each completed year of service after the completion of the
initial two years of service and deducting them from the total amount of family
and community service leave or short leave granted to the employee, whichever
is the greater period.
The parties agree that the definition of "a family
member" will be consistent with subclause 81.4.2 of clause 81, Sick Leave
to Care for a Family Member of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 as
varied or replaced.
In cases of illness of a family member, whose care and
support the employee is responsible, paid sick leave in accordance with the
said clause 81 of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 as varied
or replaced will be granted when paid family and community service leave is
exhausted.
9. Consultative
Arrangements
This award will be monitored by a consultative committee
consisting of management and employee representatives.
The parties will meet as often as necessary to discuss
employee relations or industrial relations issues relating to employees covered
by this Award. Including the resolution of any difficulties which may arise
with the implementation or operation of this award, and to discuss possible
future improvements to the employment conditions of employees.
10. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
An employee may elect, subject to the agreement of the
Department, to enter into a Salary Packaging
Arrangement in accordance with the provisions of clause 5 of the Crown
Employees (Public Sector - Salaries 2021) Award or any variation or replacement
Award.
11. Agile Working
It is accepted that the enhancement of family leave
provisions will assist employees to meet any urgent personal responsibilities
outside work and improve morale generally across the Department. The absence from the workplace may, however,
be seen as lost productivity.
It is proposed therefore to implement the availability of
working from home arrangements, on a case by case
basis, where the nature of the employee’s work lends itself to such
arrangements.
This provision will be managed in accordance with the
Department’s Agile Working procedure as provided for in the Where I Work Policy
PEC-001 or its replacement.
12. Work and Family
Issues
The parties acknowledge that there may be a
number of issues external to the workplace, which have an effect on the
day-to-day and ongoing performance and commitment of individuals within the
Department.
The parties agree that small working groups consisting of
management and employee representatives may be established to consider any such
issues e.g. child care. These groups will provide discussion paper(s)
to the Secretary on the appropriateness, costing and benefits of introducing
such benefits to employees.
13.
Anti-Discrimination
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.
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.
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.
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.
(e) 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.
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(2) 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."
14. Deduction of Union
Membership Fees
(a) The union will
provide the Department with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union’s rules.
(b) The union will
advise the Department of any change to the amount of fortnightly membership
fees made under its rules. Any variation
to the schedule of union fortnightly membership fees payable will be provided
to the employer at least one month in advance of the variation taking effect.
(c) Subject to (a)
and (b) above, the Department will deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union’s rules, provided that the employee has authorised the Department to
make such deductions.
(d) Monies so
deducted from the employee’s pay will 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.
(e) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees will be deducted on a fortnightly basis.
(f) Where an
employee 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 employee to make a fresh authorisation in
order for such deduction to continue.
15. Area, Incidence
and Duration
(a) 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, and the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 and
Crown Employees (Public Sector - Salaries 2021) Award or any awards replacing
these awards.
(b) This Award will
apply to all employees assigned to roles that can be identified as a
responsibility of the former NSW Fisheries in the Department of Regional NSW.
(c) 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 11 October 2021
(d) The Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
Effective from the beginning of the first full pay period to
commence on or after 1.07.2021
|
Administrative
and Clerical Officers
|
Common
Salary Point
|
|
First
full pay period after 1.7.2021Yearly Rate (2.04% increase)
|
|
|
|
|
$
|
|
General Scale -
|
|
|
|
|
Year 1
|
9
|
|
43,877
|
|
Year 2
|
17
|
|
50,479
|
|
Year 3
|
25
|
|
55,028
|
|
Year 4
|
32
|
|
58,481
|
|
Year 5
|
40
|
|
62,839
|
|
Fisheries
Officers - Clause 4(i)(a) 13.7% Salary Loading
|
|
Base Salary Yearly
Rate First Full Pay Period on or after 1.7.2021
(2.5% increase)
|
13.7%
Loaded Salary Yearly Rate
|
|
|
|
$
|
$
|
|
Grade 1 -
|
|
|
|
|
Year 1
|
52
|
70,151
|
79,762
|
|
Grade 2
|
|
|
|
|
Year 1
|
58
|
74,117
|
84,271
|
|
Year 2
|
64
|
78,736
|
89,523
|
|
Grade 3 -
|
|
|
|
|
Year 1
|
64
|
78,736
|
89,523
|
|
Year 2
|
67
|
81,158
|
92,277
|
|
District Fisheries Officer -
|
|
|
|
|
Year 1
|
78
|
90,253
|
102,618
|
|
Year 2
|
85
|
96,540
|
109,766
|
|
Supervising Fisheries Officer
-
|
|
|
|
|
Year 1
|
101
|
113,343
|
128,871
|
|
Year 2
|
104
|
116,531
|
132,496
|
|
Fisheries Scientific
Technician & Fisheries Maintenance Technician
|
|
|
|
|
Grade 1 -
|
|
|
|
|
Year 1
|
|
48,458
|
|
|
Year 2
|
|
51,714
|
|
|
Year 3
|
|
55,028
|
|
|
Year 4
|
|
58,243
|
|
|
Year 5
|
|
61,506
|
|
|
Year 6
|
|
64,762
|
|
|
Grade 2 -
|
|
|
|
|
Year 1
|
|
67,367
|
|
|
Year 2
|
|
70,910
|
|
|
Year 3
|
|
74,458
|
|
|
Grade 3 -
|
|
|
|
|
Year 1
|
|
78,002
|
|
|
Year 2
|
|
82,019
|
|
|
Year 3
|
|
88,453
|
|
|
Grade 4 -
|
|
|
|
|
Year 1
|
|
90,056
|
|
|
Year 2
|
|
92,775
|
|
|
Year 3
|
|
95,539
|
|
|
Grade 5 -
|
|
|
|
|
Year 1
|
|
99,042
|
|
|
Year 2
|
|
102,589
|
|
|
Year 3
|
|
106,672
|
|
|
Fish
Hatchery Staff - Clause 4 (i) (c) 11.05% Salary
Loading
|
|
Base Salary Yearly
Rate
|
11.05%
Loaded Salary Yearly Rate
|
|
|
|
$
|
$
|
|
Fisheries Hatchery Staff
Assistant Manager -
|
|
|
|
|
Year 1
|
|
67,367
|
74,811
|
|
Year 2
|
|
70,910
|
78,746
|
|
Year 3
|
|
74,460
|
82,688
|
|
Manager -
|
|
|
|
|
Year 1
|
|
78,002
|
86,621
|
|
Year 2
|
|
82,019
|
91,082
|
|
Year 3
|
|
88,457
|
98,231
|
|
Senior Manager -
|
|
|
|
|
Year 1
|
|
157,529
|
|
|
Year 2
|
|
172,744
|
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause
No.
|
Brief Description
|
FFPP after 1.7.2021
(2.04% Increase) Amount
|
|
|
|
|
$
|
|
1
|
5(c)
|
Freezer Inspection Allowance
|
30.00 for each inspection,
for each vessel, for each day
|
|
2
|
5(d)
|
Regional Dive Coordinator
|
2,248 p.a.
|
|
3
|
5(e)
|
Regional Dive Officer
|
1,578 p.a.
|
|
4
|
6(b)
|
Fisheries Officer -
meal allowance where the second break is taken
|
32.50
|
ATTACHMENT A
Fisheries Technician Classification - Competency Standards
Fisheries Technician Classification - This Award establishes
the Fisheries Technician classification and replaces the previous
classifications of technical assistant, technical officer, senior technical
officer (scientific), tradesperson, gardener, foreperson
and library technician.
Details of competency standards, general role
responsibilities and qualities as well as progression criteria are outlined
below.
Fisheries Technician Grade 1 -
Years 1 - 3
Description: - Training role where technical skills are
acquired.
Responsibilities - Responsible for carrying out relatively
standard procedures under close supervision.
Essential qualifications -
School Certificate or equivalent.
Driver's Licence (where appropriate).
Essential qualities -
Ability to work within specific instructions and/or
standard procedures.
Ability to undertake on-the-job training or accredited
coursework relevant to the technical knowledge and skills required for
progression.
Progression criteria -
Progression between Years 1 to 3 based on carrying out
the duties to a satisfactory level.
Progression to Year 4 based on 12 months service at
Year 3, meeting Year 4 qualifications and the associated increased skills and
ability.
Years 4 - 6 -
Description - Specific technical skills have been acquired
through on the job training, formal qualifications and
equivalent experience.
Responsibilities - Responsible for carrying out technical
procedures under general supervision.
Essential qualifications -
Either TAFE Technical Qualification or three years
relevant work experience.
Driver's licence and boat licence (where appropriate).
Essential qualities -
Ability to work to specific instructions or standard
procedures but may make minor changes and suggest improvements where
appropriate.
Experienced with relevant methods and procedures,
associated with technical tasks.
Ability to undertake tasks of a technical nature
requiring some judgements to be made.
Progression criteria -
Progression between years 4 to 6 based on carrying out
the duties to a satisfactory level.
Skills associated with Grade 1 Fisheries Technicians - The
range of skills associated with specific roles will vary, however this is a
listing of the types of skills which are associated with Grade 1 Fisheries
Technicians.
Field related skills -
Boat handling
Sea safety
4WD experience/course
Advance driving
SCUBA diving certificate
Radio operator’s licence
Net making and repairing
Handling of nets, traps and
other fish sampling gear
Fish tagging and recapture techniques
Remote area experience
Workshop related skills -
Operation of farm equipment (tractors, etc.)
Forklift driving
Welding
Explosive tools
Wood technology
Fibre glassing
Advanced electrical (motors, pumps)
Protective coating applications
Laboratory related skills -
Aquarium and pond maintenance
Live fish handling
Handling chemicals and hazardous goods
Laboratory techniques
Specimen identification (e.g.
fish taxonomy)
Technical equipment storage and maintenance
Office related skills -
Basic computer applications (spreadsheets, word
processing, databases)
Literature searching
Preparation of technical drawings, graphs, maps
Collecting, storing and
collating data and work reports
Data entry
Filing and retrieving data sheets, etc. Basic
photography
Fisheries Technician Grade 2 -
Description - Roles required a wide range of advanced
technical skills acquired through formal training and on the job experience.
Responsibilities - Responsible for carrying out complex
technical procedures with limited or irregular supervision.
Essential qualifications -
TAFE technical qualification or equivalent.
Relevant work experience.
Driver's licence and boat licence (where appropriate).
Additional skills and/or qualifications specific to the
role.
Essential qualities -
Ability to work with limited direction and irregular
supervision.
Demonstrated problem solving abilities, including
modifications to standard procedures.
Ability to undertake on-the-job training or accredited
coursework relevant to the technical knowledge and skills required for
progression (e.g. see skills associated with Grade 2).
Fisheries Technician Grade 3 -
Description - Roles require a range of advanced technical
skills together with supervision, communication and employees training
abilities.
Responsibilities - Responsible for carrying out complex
technical procedures and the associated supervision of employees, with limited
direction.
Essential qualifications -
TAFE technical qualification or equivalent.
Relevant work experience of at least three years.
Driver's licence and boat licence (where appropriate).
Additional skills and/or qualifications specific to the
role.
Essential qualities -
Ability to develop work programs based on technical
tasks and make changes to procedures where appropriate.
Wide experience with relevant methods and procedures
associated with technical tasks performed within the work unit or division.
Experience or ability to supervise technical staff and
provide (and advise on) the training of technical skills to junior staff.
Skills associated with Grade 2 and Grade 3 Fisheries
Technicians - The range of skills associated with specific roles will again
vary, however this is a listing of the types of skills which are associated
with Grade 2 and Grade 3 Fisheries Technicians.
Field related skills -
Coxswain’s certificate
First aid certificate
Appropriate commercial diving qualifications
Workshop related skills -
Advanced trades certificate
Supervision
Staff training
Laboratory related skills -
Pond and aquarium systems management
Advanced technical skills associated with fish propagation
Specialist laboratory skills (e.g.
fish ageing, algal culture)
Office related skills -
Basic financial management
Advanced computer (database maintenance, programming,
maintenance)
Data management
Report writing and presentation of results
Statistical analysis
Advanced photography
Public relations
Fisheries Technician Grade 4 -
Responsibilities - Responsible for supervising a technically
based work unit or task.
Essential qualifications -
TAFE technical qualification or equivalent.
Relevant work experience of at least six years.
Additional skills and/or qualifications specific to the
role.
Essential qualities -
Ability to supervise and manage a specific work unit
with a technical function, and/or
Advanced staff and financial management skills, and/or
Advanced skills associated with having the
responsibility for an essential technically based task.
Fisheries Technician Grade 5 -
Responsibilities - Responsible for the supervision and
leadership of a technically based work unit or task
Essential qualifications -
TAFE technical qualification or equivalent.
Relevant work experience of at least ten years.
Additional skills and/or qualifications specific to the
role.
Essential qualities -
Provide leadership and direction for a technically
based work unit or in an essential departmental function of a technical nature.
Skills associated with Grade 4 and Grade 5 Fisheries
Technicians - The range of skills associated with specific role will again vary,
however this is a listing of the types of skills which are associated with
Grade 4 and Grade 5 Fisheries Technicians.
Management of technically based program
Financial management
Leadership
Co-ordination of large/complex technically based
programs
Advisory and publication of technical information
Public relations
ATTACHMENT B
Fisheries Officers Classification - Competency Standards
Fisheries Officer Classification - This award establishes a
new structure for the Fisheries Officer Classification.
Details of competency standards and general role
responsibilities are outlined below.
Essential prior to recruitment -
Drivers Licence
Colour vision
Swimming ability (200m)
Medical fitness exam
Boat Licence
HSC or Equivalent
Fisheries Officer Grade 1 (Trainee) -
To complete induction/orientation
Computer/keyboard skills
Environmental awareness
Pass exams
12 months satisfactory service
Marine survival/sea safety*
Senior First Aid Certificate
Baton and handcuffing
Basic communication skills*
*Ongoing every two years
General responsibilities -
Requires specified qualifications or previous skills or
experience, and
Performs basic tasks and operates equipment for which
limited training is required.
Exercises no individual judgement in following
directions.
Works under direct supervision
Fisheries Officer Grade 2 -
Pre-requisite - Satisfies requirements for Fisheries Officer
Grade 1.
First Year -
Intermediate communication skills
Second Year -
Investigation methods
Conflict resolution
Supervision skills
Accounting procedures
Media skills
Commonwealth Legislation
General responsibilities -
Requires accredited training and special licences, and
adequate experience and special skills.
Performs work process at sub-FO Grade 3 level and
performs duties in charge of equipment and maintains office systems, and
Exercises independent judgement at sub-FO Grade 3
level.
Works under limited supervision.
Uses good communication skills.
Possess sound knowledge of relevant legislation, policy and procedures.
Fisheries Officer Grade 3 -
Pre-requisite - Coxswain’s certificate of competency or
equivalent.
First Year -
Software application skills
Operational planning
Sound knowledge of Commonwealth legislation
Complete basic management skills
Knowledge of all aspects of Commonwealth managed
fisheries
Knowledge of all aspects of State managed fisheries
Second Year -
Environmental assessment (DA's and fish kills)
Superior communication skills
Supervision
Financial management
General responsibilities -
Requires satisfactory achievement of Departmental
Competency Standards,
Performs duties of some complexity and is accountable
for completion of work to agreed standards.
Exercises some independent judgement
Leads small work team on assigned work or supervises
subordinate staff, and
Prepares, collates and
analyses information in respect to Fisheries Management and district
operations.
Represent the Department at various meetings at
district level, and
Provides specialised advice and assistance to
management in the formulation of management plans and regulations.
District Fisheries Officer -
Prerequisite - Coxswain’s certificate of competency or
equivalent.
|
Master Class V
|
) where appropriate
|
|
MED 3
|
)
|
First year and ongoing - Advanced management (Financial,
Human, Asset & Strategic Planning),
General responsibilities -
Responsible for effective co-ordination of work, or
scheduling basic training for Fisheries Officer Grade 1 to 3 under direct
supervision, problem solving, and
Exercises independent judgement and is accountable for
work performance.
Provides specialised advice and assistance to
management in the formulation of Management Plans and Regulations.
Accountable for performance to meet deadlines, and/ or
performs work of complexity at a high level, and/or is competent in full range
of disciplines necessary to effectively manage a Fisheries District.
Communicates information to client groups.
Provides specialised advice and assistance to management
in the formulation of Management Plans and Regulations.
Supervising Fisheries Officer -
Prerequisite - Coxswains certificate of competency or
equivalent.
|
Master Class V
|
) where appropriate
|
|
MED 3
|
)
|
First Year -
Management and administration
Work Health and Safety training
Mediation skills
Second Year -
Further management development
General responsibilities -
May require Master Class V and MED 3 Course.
Requires well developed management skills.
Demonstrated understanding of environmental issues.
Approves work programs and projects and allocates
resources, sets priorities and monitors performance
against agreed standards, time frames and budgets.
Responsible for the training and development of staff
in the zone.
Represents the Department as required at zone level and
regional level.
Communicates technical and other information to client
groups.
Provides specialised advice and assistance to
management in the formulation of Management Plans and Regulations.
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.