Crown Employees (Department of Planning, Industry
AND Environment - Place Management NSW Casual Staff) Award 2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 168964 of 2021)
|
Before Commissioner Sloan
|
19 October 2021
|
REVIEWED
AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Parties
4. Definitions
5. Consultative
Arrangements
6. Conditions
of Employment
7. Trade
Union Activities
8. Savings of
Rights
9. Relationship
to Other Awards
10. Grievance
and Dispute Settling Procedures
11. Classification
and Rates Schedule
12. Deduction
of Union Membership Fees
13. Casual
Employment
14. Leave
Entitlements
15. Anti-Discrimination
16. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Classification and Rates Schedules - Casual
Staff
2. Title
2.1 This award will
be known as the Crown Employees (Department of Planning, Industry and
Environment - Place Management NSW Casual Staff) Award 2019.
3. Parties
3.1 The parties to
this award are the Industrial Relations Secretary, Department of Planning, Industry
& Environment and the Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
4. Definitions
4.1 "Award"
means the Crown Employees (Department of Planning, Industry & Environment -
Place Management NSW Casual Staff) Award 2019.
4.2 "Casual"
will mean a staff member engaged and paid as such by Place Management NSW, who
is employed on an hourly basis as prescribed by clause 13 and employed under
clauses 43(1)(c) and 43(4) of the Government
Sector Employment Act 2013.
4.3 "Chief
Executive" means the Chief Executive Officer as defined in the Place
Management Act 1998.
4.4 “Delegate” means the person who has
delegation to act on behalf of the Department Head or the Chief Executive.
4.5 “DPIE” or “Department” means the
Department of Planning, Industry and Environment in which Placemaking NSW is a
division.
4.6 "Joint
Consultative Committee" or "JCC" means the Department of
Planning, Industry & Environment Joint Consultative Committee.
4.7 "Manager"
or “Supervisor” means an employee of Place Management NSW with management
responsibilities for a branch, unit or discrete group of people and who has
delegation to act as determined from time to time by delegations of the Chief
Executive Officer and is not engaged as a consultant or contractor.
4.8 “Monetary rates
or Salary” means the rates prescribed by the Common Salary Points in the Crown
Employees (Public Sector – Salaries 2021) Award or its replacement.
4.9 "Normal
work" means the method of carrying out work functions that were
established practice prior to the onset of a dispute or grievance, in terms of
clause 13 of the Award.
4.10 “Ordinary hours” are the hours set under
subclause 13.2 of this Award.
4.11 "Overtime"
means all time worked, whether before or after the ordinary daily hours of
duty, at the direction of the Chief Executive, which, due to its character or
special circumstances, cannot be performed during the staff member's ordinary
hours of duty.
4.12 “Place Management NSW” is part of
Placemaking NSW.
4.13 “Placemaking NSW” is a division of DPIE and
within Placemaking NSW is Place Management NSW.
4.14 "Public
holiday" means a bank or public holiday under the Public Holidays Act
2010 but does not include a Saturday which is such a holiday because of section
15A of that Act, and 1 August or such other day that is a bank holiday instead
of 1 August.
4.15 "Service"
holds the same meaning as service under the Long
Service Leave Act 1955, as set out in clause 9.4 of this Award.
4.16 "Staff"
or "staff member" means and includes all persons who are casually
employed under the Government Sector
Employment Act 2013.
4.17 "Union"
or "PSA" means the Public Service Association and Professional
Officers’ Association Amalgamated Union of New South Wales.
4.18 "Workplace"
means the whole organisation or, as the case may be, a branch or sections of
the organisation in which staff are employed.
5. Consultative
Arrangements
5.1 The parties to
this award will utilise an established Joint Consultative Committee (JCC) to
encourage and facilitate consultation and negotiation on workplace reform and
equitable, innovative and productive workplace relations.
6. Conditions of
Employment
6.1 Conditions of
employment other than those fixed by this award are determined by the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its
successor and will apply to all staff employed by Place Management NSW.
7. Trade Union
Activities
7.1 The provisions
for trade union activities as set out in the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009, and the Consultative
Arrangements between the PSA and NSW Government including consultation and technological
change and union deductions, will apply.
8. Savings of Rights
8.1 No staff member
covered by this award must suffer a reduction in the rate of pay or any loss or
diminution of any conditions of employment as a consequence of the making of
this award.
9. Relationship to
Other Awards
9.1 This award must
be varied to give effect to any salary increase or other benefits received by
the public service as a result of a variation to the Crown Employees (Public
Sector - Salaries 2021) Award or award replacing it.
9.2 This award must
be varied to give effect of any variation to the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009, or an award replacing
it, in so far as it may affect clauses referred to in that award by this award.
9.3 Where there may
be inconsistencies between this award and the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009, the arrangements in this award
will prevail.
9.4 The definition of service in the Long
Service Leave Act 1955 will apply to casual employees engaged under this
award.
10.
Grievance and Dispute Settling Procedures
10.1 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 Place Management NSW, if required.
10.2 A staff member 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.
10.3 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 staff member to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Department Head or delegate.
10.4 The immediate manager,
or other appropriate officer, will convene a meeting in order to resolve the
grievance, dispute or difficulty within two (2) working days, or as soon as
practicable, of the matter being brought to attention.
10.5 If the matter
remains unresolved with the immediate manager, the staff member 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. This sequence of reference to successive levels of management
may be pursued by the staff member until the matter is referred to the Chief
Executive.
10.6 The Chief
Executive or the Union may refer the matter to Industrial Relations Secretary
following a reference to the DPIE Secretary for consideration.
10.7 If the matter
remains unresolved, the Chief Executive will provide a written response to the
staff member 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.
101.8 A staff member, at
any stage, may request to be represented by the Union.
10.9 The staff member
or the Union on their behalf or the Chief Executive may refer the matter to the
New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
10.10 The staff member,
Union, Place Management NSW and the Industrial Relations Secretary must agree
to be bound by any order or determination by the New South Wales Industrial
Relations Commission in relation to the dispute.
10.11 Whilst the
procedures outlined in subclauses 10.1 to 10.10 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 workplace health and safety, if practicable, normal work
must proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public.
11. Classification and
Rates Schedule
11.1 All staff covered
by this award will be paid in accordance with the classifications and rate
structures as set out in Part B, Monetary Rates.
11.2 No staff will be
disadvantaged by the application of this award.
12. Deduction of Union
Membership Fees
12.1 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.
12.2 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 must be provided to the Department at least one month
in advance of the variation taking effect.
12.3 Subject to 12.1
and 12.2 above, the Department must deduct union fortnightly membership fees
from the pay of any staff member who is a member of the union in accordance
with the union's rules, provided that the staff member has authorised the
Department to make such deductions.
12.4 Monies so
deducted from the staff member's pay must be forwarded regularly to the union
together with all necessary information to enable the union to reconcile and
credit subscriptions to employees' union membership accounts.
12.5 Unless other
arrangements are agreed to by the Department and the union, all union
membership fees will be deducted on a fortnightly basis.
12.6 Where a staff
member 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 staff member to make a fresh authorisation in order for
such deductions to continue.
13. Casual Employment
13.1 Pursuant to
section 43 of the Government Sector Employment
Act 2013, the Department may engage casuals, for the staging of the annual
events program, as part of the educational services tour program and to staff
the Sydney Visitor Centres.
13.2 Hours of duty -
The ordinary hours of duty of casual staff will be worked between the hours of
6.00am and 10.00pm, seven days a week.
13.3 Penalty Rates - A
casual must be paid a loading of 15% for work commencing at or after 10pm and
before 4am and 10% for work commencing at or after 4am and before 6am.
13.4 Where a casual is
required to and does work on a Public Holiday, the casual must be paid at two
and a half times the rate for time worked. Such payment must be in lieu of any
other allowances or penalties which would have been payable if the day had not
been a Public Holiday.
13.5 Minimum period of
engagement - Casual staff must be provided with a minimum period of three
hours' work on each engagement or be paid for a minimum of three hours at the
appropriate casual rate.
13.6 Rates of pay -
The ordinary hourly rate of pay of casual staff must be ascertained by dividing
the annual salary for the relevant Common Salary Point in which the casual is
employed by 52.17857, dividing the resultant answer by 35 and loaded by 20%.
This loading must be paid in lieu of all leave prescribed by the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009.
13.7 On termination of
each period of casual engagement, the casual must receive payment at the rate
of 4/48th of monies received as compensation in recognition of the Annual Holidays Act 1944.
13.8 Overtime - All
time worked by a casual outside or in excess of thirty five hours per week will
be deemed overtime and be paid for at the appropriate hourly rate.
13.9 Termination -
Casual staff members may be terminated by either Place Management NSW or by the
casual with three hours’ notice. In such circumstances remuneration will only
be payable up to and including the time of termination of the three hourly
period of engagement. Casuals may be terminated by Place Management NSW without
notice in cases of serious and wilful misconduct.
13.10 Other - A casual
will be entitled to other payments applicable to other employees, including
overtime and appropriate allowances where those payments or allowances are not
covered by this clause.
14. Leave Entitlements
14.1 All leave must be
granted and administered in accordance with the leave provisions of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 and subsequent
variations.
15.
Anti-Discrimination
15.1 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.
15.2 It follows that
in fulfilling their obligations under the dispute settling 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.
15.3 It is the intention
of the parties bound by this award to respect and value diversity in the
workforce and to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace and in particular to ensure equal remuneration
for men and women doing work of equal or comparable value.
15.4 Unlawful
discrimination in the workplace includes any distinction, exclusion or
preference made on any prohibited ground, which has the effect of denying or
limiting equality of opportunity or treatment. Unlawful discrimination in the
workplace includes sexual harassment and harassment on any prohibited grounds.
15.5 The parties
recognise that it is unlawful to victimise an employee because the employee has
made or may make or has even been involved in a complaint of discrimination or
harassment.
15.6 Accordingly, in
fulfilling their obligations the parties bound by this award must take all
reasonable steps to ensure that the award must take all reasonable steps to
ensure that the award provisions do not unlawfully discriminate in their effect
and that unlawful discrimination or victimisation does not occur in any aspect
of employment.
15.7 Any employee or
group of employees who has a genuine belief that they have been or are being
unlawfully discriminated against in their employment, or have been or are being
victimised, may lodge a grievance in accordance with the relevant dispute
resolution procedures referred to in this award
15.8 Note section
56(d) of the Anti-Discrimination Act
1977 states:
"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."
16. Area, Incidence
and Duration
16.1 This award will
apply to all casual staff employed by Place Management NSW.
16.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Office of the Sydney Harbour Foreshore Authority) Award 2007
published 6 September 2019 (385 I.G. 171), as varied.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 19 October 2021.
16.3 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Classification and Rates Schedules - Casual Staff
Effective from the beginning of the first full pay period
to commence on or after 1 July 2020
|
Level
|
Common Salary Point
|
Base Hourly Rate Per Hour
|
20% Loading Per Hour
|
4/48th Payment Per Hour
|
Casual Full Rate Per Hour
|
|
|
|
|
Per Cl.13.6
|
Per Cl.13.7
|
|
|
1
|
17
|
$27.0883
|
$5.4177
|
$2.7087
|
$35.2147
|
|
2
|
28
|
$30.2626
|
$6.0525
|
$3.0261
|
$39.3412
|
|
3
|
40
|
$33.7210
|
$6.7442
|
$3.3720
|
$43.8372
|
|
4
|
49
|
$36.6226
|
$7.3245
|
$3.6621
|
$47.6092
|
|
5
|
61
|
$40.9730
|
$8.1946
|
$4.0971
|
$53.2648
|
|
6
|
69
|
$44.3734
|
$8.8747
|
$4.4372
|
$57.6853
|
|
7
|
78
|
$48.4320
|
$9.6864
|
$4.8430
|
$62.9615
|
Effective from the beginning of the first full pay period
to commence on or after 1 July 2021
|
Level
|
Common Salary Point
|
Base Hourly Rate Per Hour
|
20% Loading Per Hour
|
4/48th Payment Per Hour
|
Casual Full Rate Per Hour
|
|
|
|
|
Per Cl.13.6
|
Per Cl.13.7
|
|
|
1
|
17
|
$27.6408
|
$5.5282
|
$2.7640
|
$35.9329
|
|
2
|
28
|
$30.8797
|
$6.1759
|
$3.0878
|
$40.1435
|
|
3
|
40
|
$34.4088
|
$6.8818
|
$3.4407
|
$44.7313
|
|
4
|
49
|
$37.3695
|
$7.4739
|
$3.7368
|
$48.5802
|
|
5
|
61
|
$41.8086
|
$8.3617
|
$4.1807
|
$54.3510
|
|
6
|
69
|
$45.2786
|
$9.0557
|
$4.5277
|
$58.8620
|
|
7
|
78
|
$49.4199
|
$9.8840
|
$4.9418
|
$64.2456
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.