Crown Employees (Transferred Employees
Compensation) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 180246 of 2021)
|
Before Commissioner Sloan
|
9 March 2022
|
REVIEWED
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Parties to
the Award
3. Intent and
Application
4. Definitions
5. Notice of
Transfer
6. Leave
7. Travelling
and Meal Expenses
8. Temporary
Accommodation Benefits - Commercially Rented
9. Temporary
Accommodation Benefits - Privately Rented
10. Removal and
Storage Expenses
11. Depreciation
and Disturbance Allowance
12. Education
of Children
13. Reimbursement
of Transaction Expenses
14. Reimbursement
of Incidental Costs
15. Retirement
and Death Benefits
16. Additional
Benefits
17. Existing
Entitlements
18. Anti-Discrimination
19. Grievance
and Dispute Settling Procedures
20. Area,
Incidence and Duration
2. Parties to the
Award
The parties to this award are:
Industrial Relations Secretary, and
Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
3. Intent and
Application
3.1 The intent of the
parties to this award is to provide reimbursement towards expenses of employees
transferred to work in a new location which, by necessity of that transfer,
requires them to relocate their principal place of residence in accordance with
the decision of the Full Bench of 16 October 2008 in matters no's. IRC 445 and
879 of 2008.
3.2 Where an
existing or a new employee is otherwise ineligible for the benefits of this
award an Agency Head may offer in writing to the new or existing employee any
or all of the benefits available under this award on
recruitment or appointment as part of an attraction and retention measure. The benefits must be clearly detailed in
writing at the time of appointment. Such
offers may also be made to temporary employees.
3.3 Where two
employees who cohabit relocate together to the same location, reimbursement of
expenses must not be claimed twice e.g. conveyance and
stamp duty. Where applicable, both may claim the leave concessions.
4. Definitions
4.1 "Association"
means the Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales.
4.2 "Agency"
means a Public Service agency specified in Schedule 1 of the Government Sector Employment Act 2013.
4.3 "Agency
Head" means a person who is the Secretary of a Department
or the head of another Public Service agency listed in Schedule 1 of the Government Sector Employment Act 2013.
4.4 "Dependent"
means a person who lives in the principal place of residence of the employee
and who is wholly or in part dependent on the employee for support.
4.5 "Employee"
means a Public Service Senior Executive or Public Service employee employed on
an ongoing, term or temporary basis as defined in the Government Sector Employment Act 2013.
4.6 "Excess rent"
is rent which is paid for a private rental property in a new location which is
above the affordable rate for the employee as defined in clause 9, Temporary
Accommodation Benefits - Privately Rented of this award.
4.7 "Family
member" is as defined in clause 81, Sick Leave to Care for a Family Member
of the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009.
4.8 "Industrial
Relations Secretary" is the Secretary of the Department of Premier and
Cabinet.
4.9 "Reimbursement"
or "reimbursed" means payment of an expense by the employer
which is actually incurred by the employee, which the Agency Head is satisfied
is reasonable, and for which adequate evidence is produced by the
employee.
4.10 "Transferred
Employee" means an employee who has been assigned to a new location and
who, as a consequence of such assignment, finds it
necessary to leave their existing residence and seek or take up a new
residence, but will not include an employee transferred:
(a) at own request;
(b) who has applied
for a role and obtained it through a merit selection process; or
(c) under an
arrangement between officers to exchange positions; or
(d) who can
reasonably commute to the new location; or
(e) where the old
location and the new location are part of the metropolitan area i.e. the Central Coast on the Northern Line as far as
Gosford, the area on the Western Line as far as Mt Victoria and on the
Illawarra Line as far as Wollongong; or
(f) on account of
any misconduct;
unless the Agency Head otherwise approves.
5. Notice of Transfer
5.1 The
Agency Head will give, in writing, as long a period of notice of transfer as is
practicable. A transferred employee will not be transferred with less than ten
working days’ notice in writing except in special or urgent circumstances.
6. Leave
6.1 Transferred
employees will be given special leave of up to five working days as necessary
to carry out any of the following activities:
6.1.1 Visit the new
location to obtain accommodation
6.1.2 Prepare and pack
personal and household effects prior to removal
6.1.3 Arrange storage
6.1.4 Travel to the new
location for the purpose of commencing duty
6.1.5 Clean the
premises being vacated
6.1.6 Occupy and settle
into the new premises.
6.2 If satisfied
that the activities referred to above cannot be completed within five working
days, the Agency Head may grant additional special leave, as considered
necessary.
6.3 Subject to
operational requirements, where a transferred employee has not been able to
secure permanent accommodation at the new location, the transferred employee
will be entitled to special leave for the amount of
time required to travel to and from their home to enable the transferred
employee to spend two consecutive days and nights at home each four weeks.
Where a public holiday occurs immediately before or after such leave, the leave
will be extended by a day and a night for each such public holiday.
6.4 Where this is
not practical due to the distance home, a transferred employee will accumulate
two days special leave per four weeks until a return home is practical. This
leave will be taken at a time suitable to the Agency Head and the transferred
employee.
7. Travelling and Meal
Expenses
7.1 A transferred
employee will be entitled to an economy air fare or reimbursement for the use
of a private vehicle paid at the casual rate for motor vehicle allowances as
set out in the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009, on the following basis:
7.1.1 For the
transferred employee and one member of the household to travel to the new
location to seek accommodation.
7.1.2 For the
transferred employee and all members of the household to travel to the new
location to commence duty. Where the members of the household do not travel
with the transferred employee to commence duty the cost of their personal
transport will be deferred until such time as they travel to take up residence
at the new location.
7.1.3 For the transferred
employee proceeding on special leave under subclauses 6.3 and 6.4 of clause 6,
Leave, of this award.
7.2 Where a
transferred employee elects to use a private vehicle the motor vehicle
allowance will not exceed the equivalent cost of economy air fares.
7.3 Transferred
employees travelling to the new location to commence duty who elect to use a
private vehicle will be paid at the official business rate.
7.4 When a
transferred employee, travels to the new location to seek new accommodation he
or she will be reimbursed for overnight accommodation and meals for the journey
to and from the new location for two people under clause 26, Travelling
Compensation, of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009.
8. Temporary
Accommodation Benefits - Commercially Rented
8.1 Temporary
accommodation benefits will be reimbursed for a period of up to four weeks to
transferred employees who are relocated and use commercially provided
accommodation such as a hotel. Such benefits
are available in three forms:
8.1.1 Transferred
employees without dependent relatives will be reimbursed up to 50% of the cost
of accommodation provided that the total amount to be reimbursed does not
exceed $254 per week.
8.1.2 Transferred employees with dependent
relatives will be reimbursed up to a maximum of $254 per week plus an
additional $27 for each dependent child 6 years and over (max. contribution $54
per week), where the cost of accommodation exceeds the amount calculated in the
following table:
|
Salary of
Transferred Employee and Spouse
|
Amount
|
Each Dependent
Child 6 years of age and over
|
|
|
Per week
|
(max. contribution
$54per week)
|
|
|
Per week
|
|
|
$
|
$
|
|
Up to 28,233
|
218
|
27
|
|
28,234 to 35,980
|
239
|
27
|
|
35,981 to 46,258
|
262
|
27
|
|
46,259 to 59,477
|
324
|
27
|
|
59,478 and over
|
412
|
27
|
8.1.3 A transferred
employee required to move to the new location ahead of the dependents will be reimbursed
up to a maximum of $254 per week, providing the cost of accommodation is in excess of $51 per week.
8.2 To be eligible
for any Temporary Accommodation Benefit a relocated transferred employee is, by
necessity, required to vacate the existing residence prior to departure for the
new location and secure board and lodging (including for dependents, where
applicable) at the new location pending a residence becoming available.
8.3 This clause will
not apply to Government-owned residences.
8.4 Where the period
of four weeks referred to in subclause 8.1 of this clause is not sufficient for
the transferred employee to obtain suitable permanent accommodation, the Agency
Head will consider each case on its merits but will require full particulars to
be supplied.
8.5 Temporary
Accommodation Benefits will not be paid to more than one person per household.
8.6 The Agency Head
will discontinue payment of Temporary Accommodation Benefits if satisfied the
transferred employee has rejected suitable accommodation.
9. Temporary
Accommodation Benefits - Privately Rented
9.1 Where a
transferred employee secures privately rented accommodation (e.g. a private house) at his or her new location
and incurs excess rent then the transferred employee will receive assistance as
per the table below:
|
Employee with 2 or more dependent children
|
$68 per week
|
|
Employee with 1 dependent child
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$59 per week
|
|
Employee without dependent children
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$51 per week
|
9.2 The formula for excess
rent is as follows.
Excess rent in respect of any transferred employee
means rent in excess of the employee’s weekly
contribution calculated as follows:
|
Contribution
|
=
|
Substantive salary
|
x
|
(Substantive salary
+ 2927)
|
|
|
|
|
|
101,840
|
"An employee’s weekly contribution" will be
the "Contribution" as above multiplied by 7 and divided by 365.25
The formula for calculating an employee’s weekly
contribution is based on:
(a) 15% of the
salary of a General Scale Clerk, Step 10 A&C
(b) 20% of the
salary of Clerk, min. Grade 4 A&C
(c) 25% of the
salary of Clerk, min. Grade 7 A&C
In the event of movement in the salaries for these
classifications in the Crown Employees (Administrative and Clerical Officers -
Salaries) Award 2007, the formula will be varied as follows:
replacing the figure of 101,840 by ten times the
difference between the salaries for the Step 10 of the General Scale and for
the minimum of Grade 7, A&C and,
replacing the figure of 2,927 by the difference between
the salary for the Step 10 of the General scale and 15% of the figure referred
above.
9.3 Agency Heads may
require transferred employees to show evidence of difficulties in obtaining
cheaper private accommodation, including the provision by a transferred
employee of a statutory declaration.
9.4 In exceptional
circumstances, Agency Heads may extend excess rent payments beyond six months,
including in areas where there is an acute shortage of housing of a reasonable
standard, and areas experiencing extremely high rents due to conditions which
are abnormal compared with those generally in New South Wales.
10. Removal and
Storage Expenses
10.1 A transferred
employee will be entitled to reimbursement for the costs incurred in removing
personal and household effects to the new location, including:
10.1.1 Expenses
reasonably incurred by transferred employees and their families for meals and
accommodation during the course of the journey.
10.1.2 Cost of transporting
a second vehicle by either rail, road transport or driving (motor vehicle
allowance to be paid at the casual rate) to the transferred employee’s new
location.
10.1.3 Cost of insuring
furniture and effects whilst in transit up to an amount of $38,000. If the insured amount exceeds that amount,
the case may be referred to the Agency Head for consideration.
10.1.4 An advance payment
to cover the whole or part of the removal expenses provided that the
transferred employee repays any unused portion within one month of incurring
the cost of removal, unless the Agency Head otherwise
approves.
10.1.5 Meal and
accommodation expenses reasonably incurred where, due to circumstances beyond
the control of the transferred employee, the furniture and household effects
arrive late at the new location or are moved before the transferred employee’s
departure from the former location.
10.2 Where the Agency
Head is satisfied that a transferred employee is unable to secure suitable
accommodation at the new location and is required to store furniture,
reimbursement for the cost of transport and storage will be made. The
transferred employee will also be allowed the cost of insurance of furniture
while in storage on the same basis as prescribed in paragraph 10.1.3 of this
clause.
11. Depreciation and
Disturbance Allowance
11.1 Where the Agency
Head is satisfied that the transferred employee has removed a substantial
portion of the household’s furniture, furnishings and fittings, the transferred
employee will be paid a Depreciation and Disturbance Allowance of $1,126
compensation for the accelerated depreciation of personal and/or household
effects to the value of $7,037 or pro rata if the value is less.
12. Education of
Children
12.1 A transferred employee
will be reimbursed for accommodation expenses exceeding $27 per week, up to a
maximum of $56 per week, for each dependent child undertaking Year 12 where the
elected subjects are not available at a school in the transferred employee’s
new location. The transferred employee will be required to provide a
certificate from the Department of Education confirming that the elected
subjects are not available at the transferred employee’s new location.
12.2 A transferred
employee will be reimbursed costs for the replacement of essential school
clothing and ancillary items for each dependent child required to change
schools as a result of the employee’s transfer from
the former location to the new location subject to advice from the new school.
13. Reimbursement of
Transaction Expenses
13.1 A transferred
employee who sells a residence at the former location and buys a residence (or
land upon which to build a residence), as a result of
the transfer to the new location, will be reimbursed for Transaction Expenses.
13.2 Such Transaction
Expenses will include:
13.2.1 Professional costs
and disbursements of a solicitor or registered conveyancing company;
13.2.2 Stamp duty on the purchase;
13.2.3 Real estate agent
commission on the sale of former residence;
13.2.4 Registration fees
on transfers and mortgages on the residence, or the land and a house erected on
the land;
13.2.5 Stamp duty paid in
respect of any mortgage entered into or the discharge
of mortgage in connection with transactions for the sale and purchase.
13.3 Transaction
expenses will only be paid where the sale and purchase are completed up to 2
years after any relocation.
13.4 Other than for
stamp duty as detailed in subclause 13.5 of this clause, a maximum property
value of $520,000 per property for sale and purchase will determine the limit
of Transaction Expenses paid to a transferred employee.
13.5 Stamp duty will
be paid in full where occupation of the residence occurs within fifteen months
from the date of commencement at the new location. Where occupation of the
residence occurs after 15 months but within 2 years from the date of
commencement at the new location, reimbursement of stamp duty will not exceed
the property value of $520,000.
13.6 Transaction
Expenses will be paid where the sale and purchase transactions are completed no
earlier than 6 months prior to commencing work at the new location.
13.7 The Agency Head may
consider payment of transaction expenses on a sale and/or purchase of a
residence more than 2 years after relocation, if satisfied there is good
reason. The transferred employee must
provide full details of why the sale and/or purchase could not be completed
within the 2 year period.
13.8 A transferred
employee who does not sell a residence at the former location but buys a
residence at the new location (or land upon which to build a residence), will
be entitled to reimbursement for Transaction Expenses outlined in this clause,
provided the transferred employee enters into
occupation within 15 months of transfer to the new location.
14. Reimbursement of
Incidental Costs
14.1 The transferred
employee will receive reimbursement for the following Incidental Costs of
relocation:
14.1.1 Council rates and
charges levied upon an unsold former residence for any period during which the
former residence remains untenanted to allow the sale of the property of the
relocating transferred employee;
14.1.2 Gas and
electricity connection costs to the new residence, and telephone connection
provided the telephone was connected at the transferred employee’s former residence;
14.1.3 Survey
certificates and pest inspection costs for the new residence;
14.1.4 Mail re-direction
from the former residence to the new residence for 1 month.
15. Retirement of Death Benefits
15.1 Upon retirement
from the Public Service the transferred employee will enjoy the benefits of
clause 10, Removal and Storage Expenses of this award for relocation to a place
of their choice within the State of NSW provided the transferred employee’s
relocation is effected within 12 months following the
date of retirement.
15.2 In the event a
transferred employee dies, the partner and dependent children or dependent
relatives will receive the benefits of clause 10, Removal and Storage Expenses
of this award for relocation to a single place of their choice within the State
of NSW. Claims under this subclause may be made up to 12 months after the death
of the transferred employee.
15.3 For retirement
and death the maximum amount of reimbursement will be limited to that payable
had the transferred employee moved to the place of original recruitment to the
Public Service.
15.4 "The place
of original recruitment" means the address of the workplace where the
transferred employee first began duty with the NSW Public Service.
16. Additional
Benefits
16.1 Subject to approval
from the Industrial Relations Secretary, an Agency Head may offer additional
support or benefits not specifically referred to in this award to assist in the
attraction, recruitment or relocation of an employee
to a location. For example, this may
include assistance with housing, education or career
development expenses.
17.
Existing Entitlements
17.1 This award will not operate to deprive a
transferred employee assigned to work at a new location, prior to the making of
this award, of any existing entitlements to compensation.
18.
Anti-Discrimination
18.1 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.
18.2 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.
18.3 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.
18.4 Nothing in this
clause is to be taken to affect:
18.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
18.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
18.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
18.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
18.5 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.
18.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
18.5.2 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."
19. Grievance and Dispute Settling Procedures
19.1 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 appropriate Division, if required.
19.2 An employee is required to notify in writing
their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
19.3 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 Agency Head or delegate.
19.4 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.
19.5 If the matter remains unresolved with the
immediate manager, the employee may request to meet the appropriate person at
the next level of management in order to resolve the
matter. This manager 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 Agency Head.
19.6 The Agency Head may refer the matter to the
Industrial Relations Secretary for consideration.
19.7 If the matter remains unresolved, the Agency
Head 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.
19.8 An employee, at any stage, may request to be
represented by the Association.
19.9 The employee or the Association on their
behalf or the Agency Head may refer the matter to the New South Wales
Industrial Relations Commission if the matter is unresolved following the use
of these procedures.
19.10 The employee, Association, Agency
and Industrial Relations Secretary will agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
19.11 Whilst the procedures outlined in subclauses
19.1 to 19.10 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 occupational health and
safety, if practicable, normal work will proceed in a manner which avoids any
risk to the health and safety of any employee or member of the public.
20. Area, Incidence
and Duration
20.1 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Transferred Employees Compensation)
Award published 6 September 2019 (385 I.G. 178), 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 IG 359) take effect on and from 9 March 2022.
20.2 Changes made to
this award subsequent to it first being published on
28 August 2009 (368 I.G.1521) have been incorporated into this award as part of
the review.
20.3 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.