Crown Employees (Office of Sport - Centre Managers)
Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 143042 of 2021)
|
Before Commissioner Sloan
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22 October 2021
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REVIEWED
AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Parties
4. Classifications
5. Appointment
and Qualification Requirements
6. Salaries
6A. Calculation
of Service
7. General
Conditions of Employment
8. Saving of
Rights
9. Hours of
Duty
10. Residential
Requirements
11. Compensation
for On-Call, Out-of-Hours, Weekend and Public Holiday Duty
12. Annual
Leave Loading
13. Deduction
of Union Membership Fees
14. Anti-Discrimination
15. No Extra
Claims
16. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Annual Allowance
APPENDIX 1
Centre Locations
1. Title
1.1 This award will be
known as the Crown Employees (Office of Sport - Centre Managers) Award.
2.
Definitions
"Agency"
refers to the Office of Sport.
"Agency
Head" means the Chief Executive of the Office of Sport.
"Centre"
means a departmental residential or non-residential venue (as listed at
Appendix 1). It also includes any place
designated as part of, or as annex to, such a venue.
"Centre
Manager" means an employee occupying a role of Centre Manager or Manager
Delivery and Outreach in a residential Centre.
"Chief Executive"
means the Chief Executive of the Office of Sport.
"Executive
Director" means the Executive Director Regional Delivery.
"Industrial
Relations Secretary" has the same meaning as in the Government Sector Employment Act 2013.
"Employee"
means and includes all persons employed under the provisions of the Government Sector Employment Act 2013
and who, as at the operative date of this award, were occupying one of the
roles covered by this award or who, after that date, are appointed to or
employed in any of such roles.
"Events
Coordinator" means an employee assigned to a role of Events Coordinator at
a non-residential Centre.
“Manager Delivery and Outreach” means an employee occupying
a role of Manager Delivery and Outreach with responsibility for the management
of a residential Centre listed in Appendix 1 of this award.
“Non-residential Centre” means a
non-residential Venue listed in Appendix 1 of this award.
"Operations
Coordinator" means an employee assigned to a role of Operations
Coordinator at a non-residential Centre.
"Program
Coordinator" means an employee occupying a role of Program Coordinator in
a Centre.
“Residential Centre” means a residential Venue listed in
Appendix 1 of this award.
"Regional
Director" means a Regional Director of the Regional Delivery Group of the
Office of Sport.
"Service"
means continuous service with the Agency in a role covered by the award.
"Service
Coordinator" means an employee occupying a role of Services Co-ordinator
in a Centre.
"Union"
means the Public Service Association and Professional Officers' Association
Amalgamated Union of New South Wales.
"Venue
Manager" means an employee occupying a role of Venue Manager at a
non-residential Centre.
3. Parties
3.1 This award has
been made between the following parties:
Industrial Relations Secretary
Office of Sport
Public Service Association and Professional Officers' Association
Amalgamated Union of New South Wales
4. Classifications
4.1 The
classifications covered by this award are:
Centre Manager (formerly known
as General Manager)
Manager
Delivery and Outreach
Venue Manager
Program Coordinator (formerly known as Client Services
Coordinator)
Operations Coordinator (formerly known as Operations
Manager)
Events Coordinator (formerly known as Events Manager)
Service Co-ordinator
4.2 Roles are
classified in accordance with the classification and grading system approved by
the Industrial Relations Secretary.
5. Appointment and
Qualification Requirements
5.1 The appointment
or employment of employees to vacant roles will be in accordance with the
principles of merit. Employees appointed
to roles covered by this Award must possess relevant knowledge, skills and experience.
5.2 In addition to
relevant knowledge, skills and experience, Program Coordinators are required to
possess tertiary qualifications in a relevant field as determined by the
Executive Director Sport and Recreation.
Relevant fields include, but are not limited to, Education, Arts, Social
Sciences, Applied Science, Health and Human Movement. The minimum entry level qualification
required is a degree or alternatively, Certificate IV (Australian Qualifications
Framework - AQF) Outdoor Recreation and relevant industry experience.
6. Salaries
6.1 This award is listed
in Schedule A of the Crown Employees (Public Sector - Salaries 2021) Award and
salaries and allowances payable to employees will be in accordance with that
award or any award replacing it. The rates set out at Part B - Tables 1 & 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.
6A. Calculation of
Service
6A1 In calculating
years of service for the purpose of this award the following periods are not taken into account:
(a) Any period in
respect of which an increment is refused in accordance with clause 14,
Increments, of the Government Sector Employment Regulation 2014;
(b) Any leave of
absence without pay exceeding five days in any
incremental year;
(c) Any period
necessary to give full effect to a reduction in salary imposed under sections
68 Unsatisfactory performance of government sector employees and 69 Misconduct
- Public Service and other prescribed government sector employees the Government Sector Employment Act 2013."
7. General Conditions
of Employment
7.1 Employees will
be entitled to conditions of employment as set out in this award or, where this
award is silent, conditions of employment as provided for under the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 or any
replacement award.
8. Saving of Rights
8.1 At the time of
making of this Award, no employee covered by this Award will suffer a reduction
of their rate of pay or diminution in his or her conditions of employment as a consequence of the making of this Award.
9. Hours of Duty
9.1 The contract
working hours will be 35 hours per week averaged over a four
week period. Rostered hours of
duty may include any day of the week including Saturday, Sunday
and public holidays.
9.2 Employees will
be rostered for 19 days within a four week roster
cycle.
9.3 Employees will not
be rostered for more than 10 consecutive calendar days over any period.
9.4 Employees are
entitled to nine days rostered off duty including a minimum of two x two
consecutive rostered days off in any four week roster
cycle. Where it is not possible to
roster 9 days off in a four week roster cycle, the
days not taken may be carried over and utilised in the next two roster
cycles. If not taken in the next two
roster cycles the entitlement will be forfeited, subject to the provisions of
subclause 9.5 of this Award.
9.5 Where
exceptional circumstances arise and it appears that the employee will not be
able to take rostered days off carried over in accordance with subclause 9.4 or
subclause 11.8 of this Award, the Regional Director may approve the rostered
days off being carried forward provided the employee and their supervisor
devise a strategy in writing to ensure that the rostered days off are taken.
The identified strategy must be reported to and authorised by the Regional
Director.
9.6 Hours of duty
will be determined by way of roster, which will be displayed in an area
available to all employees not less than seven days prior to the commencement
of the four week roster cycle.
9.7 Weekend and
public holiday duty is based on client demand at the Centre and will be
allocated equitably between the employees covered by this Award.
10. Residential
Requirements
10.1 Employees
employed under this Award at residential venues may be required to reside
on-site. However, the Regional Director has the authority to consider
exemptions from this requirement.
10.2 The manner in which accommodation and food/meals are
administered for employees will be consistent with the Agency’s Centre meals
and accommodation policies.
11. Compensation for
on-Call, Out-of-Hours, Weekend and Public Holiday Duty
11.1 Employees are
entitled to an annual allowance as specified in Table 2 - Annual Allowance, of
Part B, Monetary Rates, and 25 days' recreation leave as compensation for
out-of-hours, weekend and public holiday work, for being on-call and for duty
undertaken after being "called" for duty. Recreation leave will be administered
consistent with general public sector provisions.
11.2 The annual
allowance will be adjusted in accordance with the Crown Employees (Public Sector
- Salaries 2021) Award or any replacement award.
11.3 "On
call" is defined as being available for additional duties, when not on
duty performing rostered weekly contract hours.
Employees are required to be on call to perform such additional duties (e.g. emergencies) on a rostered basis.
11.4 On-call duty will
be rostered equitably at each Centre between the employees covered by this
Award.
11.5 A Centre Manager
of a residential Centre may call for expressions of interest from employees in
roles other than those roles covered by this award who wish to be considered as
alternative on-call employees. This may only be instituted on a long-term basis
where there are only two roles covered by this award in the staffing structure. No alternative employee can be forced to
assume on-call responsibilities. Any
such arrangement must be by agreement between the individual employee and the
Centre Manager and will be subject to the approval of the Executive Director. The Executive Director will determine if the
nominated employee is required to reside on-site.
11.6 The annual
allowance may also be paid on a short-term temporary basis to an employee in a role
other than those roles covered by this award when the normal recipient is on
leave for a period of at least one week.
The allowance is payable for the whole period of leave and not only for
those days that the temporary recipient is rostered on-call.
11.7 Employees
selected in terms of subclause11.5 of this clause to perform on-call duties are
deemed to be within the coverage of this award for the purposes of performing
on-call duties, recall to duty whilst on‑call and receiving the annual
allowance as specified in Table 2 - Annual Allowance, of Part B, Monetary
Rates.
11.8 The annual
allowance is payable on a pro-rata basis for part time duty or part year
assignments to roles within the coverage of this role or to persons deemed to
be within the coverage of this award.
11.9 All on-call
conditions as determined by this clause will apply to those employees
selected. If an employee already
receives an allowance for similar after-hours responsibilities under another
industrial instrument, the total of their on-call duties will not exceed the
total of their duties under the first instrument.
11.10 Employees required
to be called for duty whilst not rostered on duty and not rostered on call will
be entitled to the equivalent time off within the roster cycle. Where it is not possible for time off within
that cycle, the time may be carried forward for a maximum of two roster cycles
and must be taken in that period. If not taken the entitlement will be
forfeited, subject to the provisions of subclause 10.5 of clause 10 Hours of
Duty of this Award.
11.11 The annual
allowance is an all-inclusive payment that represents compensation for all
incidences of employment.
11.12 No additional
entitlement accrues for employees who are called to perform duty whilst on
call.
12. Annual Leave
Loading
12.1 Employees are
entitled to an annual leave loading of 17.5% calculated on four weeks
recreation leave.
13. Deduction of Union
Membership Fees
13.1 The union will
provide the Agency with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union’s rules.
13.2 The union will
advise the Agency 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 Agency at least one month in advance of the variation taking effect.
13.3 Subject to
subclauses 13.1 and 13.2, the Agency 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 Agency to
make such deductions.
13.4 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.
13.5 Unless other
arrangements are agreed to by the Agency and the union, all union membership
fees will be deducted on a fortnightly basis.
13.6 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.
14.
Anti-Discrimination
14.1 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.
14.2 It follows that,
in fulfilling their obligations under the Grievance and Dispute Settling
Procedures prescribed by the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 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.
14.3 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.
14.4 Nothing in this
clause is to be taken to affect:
14.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation;
14.4.2 Offering or
providing junior rates of pay to persons under 21 years of age;
14.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti
Discrimination Act 1977;
14.4.4 A party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
14.5 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.
14.5.1 Employers and employees
may also be subject to Commonwealth anti-discrimination legislation.
14.5.2 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."
15. No Extra Claims
15.1 The no extra claims
clause (clause 8) contained in the Crown Employees (Public Sector - Salaries
2021) Award will apply to employees covered by this award.
16. Area, Incidence and Duration
16.1 This award will apply to all employees
employed by the Office of Sport who, at the operative date of this award, are
employed in the classifications specified in Clause 4, Classifications at the
locations specified at Appendix 1 of this award.
16.2 Employees selected in terms of subclause
11.5 of clause 11 of this award to perform on-call duties are deemed to be
within the coverage of this award for the purposes of performing on-call
duties, recall to duty whilst on‑call and receiving the annual allowance
as specified in Table 2 - Annual Allowance, of Part B, Monetary Rates.
16.3 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 provided
for by the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009 and the Crown Employees (Public Sector - Salaries 2021) Award or any
replacement awards.
16.4 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 22 October 2021.
16.5 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 Sport - Centre Managers) Award published 21 February 2020 (386 I.G. 666), as varied.
16.6 This award remains in force until varied or
rescinded, the period for which it was made having already expired.
PART B
MONETARY RATES
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
Table 1 of Part B of this award are subject to the rates as set by the Crown
Employees (Public Sector - Salaries 2021) Award or any award replacing it.
Annual incremental progression within a grade or broad
banded grades will be on the anniversary of assignment to a role; and subject
to satisfying the provisions of clause 13, Increments, of the Government Sector
Employment Regulation 2014.
Table 1 - Salaries
Grades and salary rates for classifications in this award
are in accordance with the Crown Employees Administrative and Clerical Officers Salaries) Award 2007 Grades 4 to 12.
Table 2 - Annual Allowances
|
Allowance
|
1.7.21
|
|
|
Per annum
|
|
|
2.04%
|
|
|
$
|
|
Annual allowance
(Clause 11)
|
12,172
|
Appendix 1
Centre Locations
Residential Venues
Berry Sport and Recreation Centre
BERRY 2535
Borambola Sport and Recreation
Centre
WAGGA WAGGA 2650
Broken Bay Sport and Recreation Centre
BROOKLYN 2083
Lake Ainsworth Sport and Recreation Centre
LENNOX HEAD 2478
Lake Burrendong Sport and
Recreation Centre
MUMBIL 2820
Jindabyne Sport and Recreation Centre
JINDABYNE 2627
Lake Keepit Sport and Recreation
Centre
GUNNEDAH 2380
Milson Island Sport and Recreation Centre
BROOKLYN 2083
Myuna Bay Sport and Recreation
Centre
DORA CREEK 2264
Point Wolstoncroft Sport and
Recreation Centre
GWANDALAN 2259
Sydney Academy of Sport and Recreation
NARRABEEN 2101
Non-Residential Venues
Sydney International Equestrian Centre
HORSLEY PARK NSW 2164
Sydney International Shooting Centre
CECIL PARK NSW 2171
HILL TOP NSW 2575
D. SLOAN, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.