Crown Employees Conservation Field Staff Officers, (Department of Industry, Skills, and Regional Development and NSW Office of Environment and Heritage) Reviewed Award 2022

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Industrial Relations Secretary.

 

(Case No. 195086 of 2022)

 

 

AWARD

 

Clause No.        Subject Matter

 

PART A

 

1.        Title of Award

2.        Area, Incidence and Duration

3.        Definitions

4.        Parties

5.        Supersession

6.        Objectives of Award

7.        Contract of Employment

8.        Classifications and Rates of Pay

9.        Hours of Work

10.      Overtime

11.      Rostered Days Off

12.      Leave

13.      Allowances to Reimburse Expenses

14.      Inclement Weather

15.      First-Aid and Health and Safety Issues

16.      Work Apparel

17.      Tools and Protective Clothing

18.      Settlement of Disputes

19.      Anti-Discrimination

20.      Counselling and Discipline

21.      Contractors’ Protocol

22.      Agreed Procedures for Market Testing and Contracting Out

23.      Ongoing Award Review

24.      Deduction of Union Membership Fees

25.      No Extra Claims

 

PART B

 

MONETARY RATES

 

Schedule 1 - Wage Rates

Schedule 2 - Competency and Grading Alignment

Schedule 3 - Allowances

 

 

PART A

 

1.  Title of Award

 

This Award, made pursuant to Part 1, Division 1, clause 10 of the Industrial Relations Act 1996, shall be known as the Crown Employees Conservation Field Staff Officers, (Department of Industry, Skills, and Regional Development and NSW Office of Environment and Heritage) Award 2022.

 

2.  Area, Incidence and Duration

 

2.1      The employees regulated by this Award shall 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, Government Sector Employment Regulation 2014, the Government Sector Employment Rules 2014, Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and the Crown Employees (Public Sector - Salaries 2022) Award; or any Awards varying or replacing these Awards.

 

2.2      This Award rescinds and replaces the Crown Employees Conservation Field Staff Officers, (Department of Industry, Skills, and Regional Development and NSW Office of Environment and Heritage) Reviewed Award 2021 published 24 December 2021 (391 I.G. 264) and all variations thereof.

 

2.3      This award has a nominal term of 12 months from 1 July 2022 with any increases to pay and work related allowances effective from the first full pay period on or after 1 July 2022.

 

3.  Definitions

 

(i)       "Act" means the Government Sector Employment Act 2013.

 

(ii)      "Appropriate Secretary" means - the Secretary of the Department of Industry, Skills and Regional Development or the Chief Executive of the New South Wales Office of Environment and Heritage.

 

(iii)     "Australian Recognition Framework (ARF)" means the national recognition of vocational education and training developed by the Australian National Training Authority.

 

(iv)     "Australian Qualification Framework (AQF)" means the certification system established under the Australian Recognition Framework (ARF).

 

(v)       "Casual employee" means an employee engaged for a limited duration and paid on an hourly basis who receives a casual loading in lieu of all paid leave entitlements, including payment for public holidays.

 

(vi)     "Conservation Field Officer" means an employee of the Department or the Office as defined in subclause (xviii), engaged before the making of this Award in one of the classifications of:

 

Mechanical Tradesperson

 

Fitter

 

Electrician

 

Plant Electrician

 

Painter

 

Carpenter

 

Plumber

 

Welder

 

Plant Operator

 

Crane Operator

 

Tractor Operator

 

Transport Driver

 

Labourer

 

Machineman

 

Driller

 

Cableway Operator

 

Dogman

 

Bore Gaugers Assistant

 

Construction Worker (General)

 

Rigger

 

Driller

 

Drill Operator

 

Pegman

 

Ganger

 

Surveyors Field Hand

 

Farm Assistant

 

Sand Drift Worker

 

Nursery Horticulturalist

 

Cleaner

 

Security Officer

 

General Service Officer

 

Canteen Worker

 

Earthmoving Operator

 

or who after the date of operation of this Award were assigned to a role as Conservation Field Officers but does not include any person who resigned or was terminated prior to that date.

 

(vii)    "Employee" means and includes all persons employed on an ongoing full time, ongoing part time, temporary or casual basis under the provisions of the Government Sector Employment Act 2013, the Government Sector Employment Regulation 2014 and the Government Sector Employment Rules 2014 who are assigned to a role classified under this Award in the Department or the Office.

 

(viii)   "Employer" means the Secretary of the Treasury established under the Government Sector Employment Act 2013.

 

(ix)     "Industrial Relations Secretary" means the Secretary of the Treasury, as established under the Government Sector Employment Act 2013.

 

(x)       "Ministerial Leave Conditions" means the Uniform Leave Conditions for Ministerial Employees referred to in clause 12, Leave.

 

(xi)     "Ongoing full-time employee" means an employee assigned to role on an ongoing full-time basis under the provisions of the Government Sector Employment Act 2013, the Government Sector Employment Regulation 2014 and the Government Sector Employment Rules 2014.

 

(xii)    "Ongoing Part-time employee" means an employee, subject to the provisions of the Government Sector Employment Act 2013, the Government Sector Employment Regulation 2014 and the Government Sector Employment Rules 2014, who is engaged for less than 38 hours per week and who receives the same range of entitlements as an ongoing full-time employee, including sick leave and annual leave, but on a pro rata basis in proportion to the hours worked.  Ongoing Part-time employees do not receive a casual loading.

 

(xiii)   "Reasonable time limits" means sufficient time for all parties to familiarise themselves with the nature of the perceived problems taking into consideration the isolated situation in which these employees work.

 

(xiv)   "Regulation" means the Government Sector Regulation 2014.

 

(xv)     "Role" means a role assigned to an employee under the provisions of the Government Sector Employment Act 2013, Government Sector Employment Regulation 2014 and the Government Sector Employment Rules 2014.

 

(xvi)   "Rules" means the Government Sector Employment Rules 2014.

 

(xvii)  "SBU" means the Single Bargaining Unit which is comprised of the parties to this Award as agreed by those parties.

 

(xviii) "Temporary employee" means an employee engaged for a specific period or for a specific project.

 

(xix)   "The Department or the Office" means the Department of Industry, Skills and Regional Development or the New South Wales Office of Environment and Heritage.

 

(xx)     "Union" means one or all of the union parties to the Award listed in subclause 4(i) to (vii) below, as appropriate.

 

4.  Parties

 

The parties to this Award are:

 

(i)       The Australian Workers' Union, New South Wales.

 

(ii)      Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch.

 

(iii)     Electrical Trades Union of Australia, New South Wales Branch.

 

(iv)     Construction, Forestry, Mining and Energy Union (New South Wales Branch).

 

(v)       United Voice. New South Wales Branch.

 

(vi)     The New South Wales Plumbers and Gasfitters Employees’ Union.

(vii)    Transport Workers' Union of New South Wales, and

 

(viii)   The Industrial Relations Secretary.

 

covering all Conservation Field Officers as defined in subclause 3(vi) assigned to a role in the Department or the Office.

 

5.  Supersession

 

The terms and conditions of this Award replace the terms and conditions of the:

 

Surveyors Field Hands (State) Award (now rescinded)

 

Gangers (State) Award (now rescinded)

 

General Construction and Maintenance, Civil and Mechanical, Engineering, etc. (State) Award (now rescinded), with the exception that clause 25, Compensation for Travel Patterns, etc., will continue to apply where appropriate.

 

Plant Operators on Construction (PWD, etc.) Award (now rescinded)

 

Crown Employees (Transport Drivers, etc.) Award

 

Crown Employees (Skilled Trades) Award

 

Bore Gaugers and Assistants Agreement 5317 of 1977

 

Farm Assistants, Soil Conservation Service Agreement 2310 of 1981

 

Department of Conservation and Land Management Skilled Trades, etc. (Rates of Pay) Enterprise Agreement EA 146 of 1995 and all variations thereto, in so far as they apply to employees within the Department or the Office.

 

6.  Objectives of Award

 

(i)       The parties acknowledge that the Award is directed towards high quality and efficient services to the community and to the Department’s and the Office’s customers.

 

(ii)      The parties acknowledge that the Award seeks to enhance the image and profile of the Department and the Office.

 

These objectives will be achieved through:

 

(a)       The review of current work practices to ensure that they are customer-focused and maximise the efficient and effective use of resources.

 

(b)      The acceptance of change and commitment to continuous improvement and productivity by both the management of the Department or the Office and its Conservation Field Officers.

 

(c)       The development of an organisation based upon teamwork, flexibility, competence and opportunities for organisational and personal development.

 

(d)      The review of current work patterns leading to more flexible working arrangements which better meet employee and customer needs.

 

(e)       Achievement of these objectives is expected to deliver savings in operating costs and genuine productivity gains and the parties agree that the savings arising out of achievement of those objectives will be shared with employees and will be reflected in the rates of pay prescribed under clause 8.

7.  Contract of Employment

 

7.1      Weekly Employment

 

(i)       Ongoing Full-time and Ongoing Part-Time employees shall be engaged by the week.  An employee’s engagement may be terminated by either the employee or the appropriate Secretary providing one week's notice in writing or by payment or forfeiture, as the case may be, of one week’s wage in lieu of notice, provided that, in the case of misconduct, an employee’s engagement may be terminated without notice.

 

(ii)      Casual employees are engaged by the hour and the engagement of a casual employee may be terminated without notice.

 

7.2      Pay Period

 

Ordinary pay shall be paid for the current fortnight.  Adjustments for overtime, penalties and allowance will be paid either currently or a fortnight in arrears.

 

7.3      Payment Method

 

Wages shall be paid via Electronic Funds Transfer (EFT) into a bank or other account, except in cases where this is not possible, in which case payment will be made by cheque.

 

7.4      Pay Advice

 

Before or at the time of payment of wages, each employee shall be issued with a docket showing at least the gross amount of salary and the details of any deductions made from the employee’s earnings, in accordance with section 123 of the Industrial Relations Act 1996.

 

7.5      Payment on Termination

 

When an employee is terminated by the Department or the Office, the employee shall be paid all of the wages due at the time of the employee’s termination on or before the employee’s next normal pay day.

 

8.  Classifications and Rates of Pay

 

8.1      Rates of Pay

 

(i)       The minimum weekly rates for ongoing full-time employees covered by this Award are as provided in Schedule 1.

 

(ii)      Should there be a variation to the Crown Employees Wages Staff (Rates of Pay) Award 2020, or an Award replacing it, during the term of this Award, by way of a wage increase or some other benefit, this Award will be varied to give effect to any such wage increase, or other benefit, with effect from the operative date of the variation, or the replacement Award.

 

8.2      Rates of Pay for Casual Employees

 

Casual employees will be paid per hour at the rate of 1/38th of the applicable weekly rate for a full-time employee at the same classification level plus, subject to the provisions of clause 11:

 

(i)       for ordinary hours of work, a casual loading of 24.6%, in compensation for the disadvantages of casual work and in lieu of all paid leave entitlements, including annual leave (where 24.6% is the cumulative percentage obtained by applying a 15% casual loading and then applying a 8.33% loading in lieu of annual leave);

 

(ii)      for overtime hours, a casual loading of 15%, in compensation for the disadvantages of casual work, with the hourly rate so obtained then being used as the ordinary rate of pay for the calculation of overtime;

provided that casual employees will be paid for a minimum of 4 hours for each engagement.

 

8.3      Rates of Pay for Part-time Employees

 

Ongoing part-time employees will be paid a weekly rate determined by the following formula:

 

applicable rate ongoing for full-time employee at	x	(weekly hours of the ongoing part-time employee)
		38

 

at the same classification level

 

8.4      Classification of Employees

 

The classification of an employee will be determined by demonstrating the ability to undertake the capabilities provided for in the Government Sector Capabilities Framework as outlined in the role description and the level of responsibility and skill that the employee is required to exercise.  The responsibilities and skills required to be exercised at each level in the classification structure are defined in Schedules 1 and 2.

 

8.5      Purpose of Classification Structure

 

The classification structure is designed to:

 

(i)       recognise capabilities and competencies achieved and used;

 

(ii)      group all employees covered by this Award into one of several (excluding trainees/apprenticeship) levels;

 

(iii)     allow for career progression based on acquisition and use of capabilities and competencies as defined in subclause 8.4.

 

8.6      Supervision

 

Where an employee is required to supervise the work of other employees, they shall be paid the appropriate allowance according to Schedule 3.  Provided that CFO Grade 5 and above will only be paid the allowance when supervising employees at their same level.

 

8.7      Classification Review Committee

 

The SBU shall establish a subcommittee to review applications for re-grading, subject to the provisions of the Act, Regulation and Rules and based on capabilities and competency acquisition and use.  Subject to subclause 8.8, notification of the results of the review by the subcommittee to the appropriate employee salaries section will be sufficient to regrade the role and the employee assigned to the role.

 

8.8      Disagreements about Classification Levels

 

Any disagreement about the classification level in which an employee is placed will be processed using the dispute procedures contained at clause 18.

 

8.9      Above Level Assignments

 

When Conservation Field Officers are required to perform above level assignments, they shall be paid the appropriate above level assignment allowance in accordance with the provisions of clause 20 of the Government Sector Employment Regulation 2014 with the additional provision that it be paid after one day.

 

 

 

 

9.  Hours of Work

 

9.1      Ordinary Hours of Work

 

Subject to subclauses 9.2 and 9.3:

 

(i)       The ordinary hours of work for all employees, other than casual employees, covered by this Award, shall be 8 hours per day worked over 57 days of each 12-week cycle.

 

(ii)      The standard span of hours will be between 6.00 a.m. and 6.00 p.m. on each working day Monday to Friday.

 

9.2      Variation of Ordinary Hours of Work

 

(i)       The standard span of hours may be varied by mutual agreement between the Department or the Office and the majority of affected employees in a particular group, region, district or section to suit operational needs.

 

(ii)      Ordinary hours of work may extend up to 10 hours on any one day.

 

9.3      Part-time Hours

 

Employees may work on a part-time basis, subject to the provisions of Part 5 of the Industrial Relations Act 1996, provided that:

 

(i)       the ordinary hours of duty are agreed between the employee concerned and the Department or the Office and fall within the same span of hours as applies or would apply to a full-time employee undertaking the duties concerned;

 

(ii)      the ordinary working hours are fixed at not less than 4 hours per day worked; and

 

(iii)     the Department or the Office will inform the relevant Union of the hours fixed for part time employees.  The Union shall have 7 working days from the date of being advised to object to the agreement through the dispute procedures prescribed by clause 18. The Union will not unreasonably object to an agreement under this subclause.

 

10.  Overtime

 

10.1    Overtime Definition

 

Overtime is that time an employee is directed and authorised to work which is either:

 

(a)       in excess of 501 hours per settlement period; and/or

 

(b)      outside the span of hours, as established for each employee under clause 10.

 

Overtime will only be payable for time on duty at the worksite (notwithstanding the provisions of subclause 13.3).

 

10.2    Employees to Work Reasonable Overtime

 

(i)       Subject to paragraph 11.2(ii), the appropriate Secretary may require an employee to work reasonable overtime at overtime rates.

 

(ii)      An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

For the purposes of this subclause, what is unreasonable or otherwise will be determined having regard to:

(a)       any risk to employee health and safety;

 

(b)       the employee's prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study commitments;

 

(c)       the urgency of the work to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services;

 

(d)       the notice (if any) given by the appropriate Secretary of the overtime and by the employee of his or her intention to refuse it; and

 

(e)       any other relevant matter.

 

10.3    Overtime Rates

 

Overtime will be paid for at the rate of time and a half for the first 2 hours and thereafter at double time, to be calculated on the basis of each completed unbroken period of overtime; provided that double time will be paid for all work performed on Sundays and double time and a half shall be paid for all work performed on public holidays.

 

10.4    Minimum Periods

 

An employee who works overtime:

 

(i)       on a Saturday, Sunday or public holiday; or

 

(ii)      by being recalled after leaving work, prior to their next scheduled period of ordinary time duty,

 

shall be paid for no less than 4 hours' work, at the appropriate rate.

 

10.5    Break from Duty

 

Following completion of overtime, an employee shall either:

 

(i)       be released from resuming ordinary duty for an unpaid period of 10 consecutive hours, excluding travel; or

 

(ii)      if required to resume or continue working without having had an unpaid break of 10 consecutive hours, excluding travel, be paid at the rate of double time until such a break is given.

 

Provided that, if the provision of an unpaid break under this subclause results in an employee performing less than 38 ordinary hours of duty in a week (paid at either ordinary or any other loaded rate), then any shortfall shall be paid at ordinary rates.

 

10.6    Meal Breaks

 

(i)       Employees who have not been afforded a meal break of at least 30 minutes in duration, commencing by 1.00 p.m., shall be paid overtime rates for all time worked between 1.00 p.m. and the time when they do receive a meal break of no less than 30 minutes.

 

(ii)      Employees working overtime will be entitled to a paid meal break of 30 minutes:

 

(a)       after working 2 hours' overtime following the completion of a full period of ordinary time, where more than 2 hours' overtime is required;

 

(b)       after working every 4 hours' overtime without a meal break; and

 

(c)       where overtime on a Saturday, Sunday or public holiday continues after 12.00 noon, the break will occur between 12 noon and 1.00 p.m.

10.7    Meal Allowance

 

Employees who are directed to work overtime and who, through insufficient notice, need to buy meals shall be paid a meal allowance for any meal break for which they are entitled under paragraph 10.6(ii) at the rates specified in Schedule 3.

 

For the purposes of this subclause, sufficient notice will be 12 hours prior to commencement of overtime or such lesser period as is reasonable in the circumstances.

 

11.  Rostered Days Off

 

11.1    Entitlement

 

(i)       An employee’s ordinary hours will be worked on no more than 57 days in each 84-day cycle, Monday to Friday, with 3 days in each period being regarded as a rostered day off (RDO).  Each day of paid leave taken and any public holidays occurring during any cycle of 4 weeks shall, for the purposes of this paragraph, be regarded as a day worked.

 

(ii)      An employee who has not worked 57 days in a complete 84-day cycle shall receive pro rata accrued entitlements for each day worked (or for each fraction of a day worked), payable for the rostered day off or, in the case of termination of employment, on termination.

 

11.2    Scheduling RDOs

 

(i)       An employee’s RDO will be scheduled in advance of each cycle in which it occurs, taking into account the interests of employees and ensuring that the Department’ or the Office’s operational needs are met having regard to seasonal, climatic and workload factors.

 

(ii)      With a minimum of 12 hours' notice to affected employees and without penalty to the Department or the Office, RDOs may be rescheduled to satisfy operational needs.  Agreed substitute RDOs are to be provided by mutual agreement and may only be deferred under circumstances of emergency.

 

11.3    Accumulating RDOs

 

(i)       Employees may accumulate (bank) up to 10 RDOs.  Employees will be given an opportunity to take their accumulated RDOs at a time convenient to both the employee and the Department or the Office prior to the end of February in each calendar year.

 

(ii)      Employees may take their accumulated RDOs by agreement with the appropriate manager:

 

(a)       consecutively to a maximum of 10 days; or

 

(b)       by working 9-day fortnights; or

 

(c)       by a combination of these 2 methods.

 

Employees may agree with their manager to defer taking some of their accumulated RDOs, provided that RDOs are not forfeited and provided that no more than 10 RDOs are accumulated at any one time.

 

(iii)     Once scheduled, the only circumstances in which a "banked" RDO will be required to be worked is fire or similar state of emergency.

 

 

 

 

 

 

12.  Leave

 

12.1    General Provisions

 

The Department and the Office shall be bound by the provision of the Uniform Leave Conditions for Ministerial Employees, subject to the amendments and additions specified in this clause.

 

12.2    Sick Leave

 

(i)       Sick leave will accrue on a calendar year basis, with the full annual entitlement being available from 1 January each year for employees employed as of that date.

 

(ii)      New employees who commence after 1 January will receive a pro rata credit for that proportion of the calendar year remaining.  Sick leave taken during the first 3 months of employment will only be paid upon the completion of 3 months' service and following one month's continuous service without the taking of any sick leave, up to a maximum entitlement of 15 days' paid sick leave per annum.

 

(iii)     Unused sick leave entitlements will accrue, in accordance with Ministerial Leave Conditions.

 

12.3    Parental Leave

 

12.3A Parental leave for casual employees

 

(i)       Refer to the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(ii)      An appropriate Secretary must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(a)       the employee or employee’s spouse is pregnant; or

 

(b)       the employee is or has been immediately absent on parental leave.

 

The rights of the appropriate Secretary in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

12.3B  Communication during Parental Leave

 

(i)       Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the appropriate Secretary shall take reasonable steps to:

 

(a)       make information available in relation to any significant effect the change would have on the status or responsibility level of the role the employee was assigned to before commencing parental leave; and

 

(b)       provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the role the employee was assigned to before commencing parental leave.

 

(ii)      The employee shall take reasonable steps to inform the appropriate Secretary about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(iii)     The employee shall also notify the appropriate Secretary of changes of address or other contact details which might affect the appropriate Secretary’s capacity to comply with subparagraph 12.3B(ii) above.

 

12.3C  Right to request

 

(i)       An employee entitled to parental leave may request the appropriate Secretary to allow the employee:

 

(a)       to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks

 

(b)       to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months

 

(c)       to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

(ii)      The appropriate Secretary shall consider the request having regard to the Department’s or the Office’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the organisation’s business. Such grounds might include cost, lack of adequate replacement employee, loss of efficiency and the impact on customer service.

 

(iii)     The employee’s request and the appropriate Secretary’s decision made under 12.3.C (i)(b) and 12.3.C (i)(c) must be recorded in writing.

 

(iv)     Where an employee wishes to make a request under 13.3C(i)(a), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

12.4    Personal/Carer’s Leave

 

12.4A. Use of Sick Leave

 

(i)       An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 12.4A(iii)(b), shall be entitled to use, in accordance with this subclause, any sick leave accruing from 1 January 1998 in terms of subclause 12.2 for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(ii)      The employee shall, if required, establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

(iii)     The entitlement to use sick leave in accordance with this subclause is subject to:

 

(a)       the employee being responsible for the care of the person concerned; and

 

(b)       the person concerned being:

 

(1)       a spouse of the employee; or

 

(2)       a de facto spouse who, in relation to the employee, is a person of the opposite sex to the employee who lives with the employee as the husband or wife of the employee on a bona fide domestic basis although not legally married to that person; or

(3)       a child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(4)       a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(5)       a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:

 

I.         "relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

II.        "affinity" means a relationship that one spouse because of marriage has to the relatives of the other; and

 

III.       "household" means a family group living in the same domestic dwelling.

 

(iv)     An employee shall, wherever practicable, give the appropriate Secretary notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the appropriate Secretary by telephone of such absence at the first opportunity on the day of the absence.

 

12.4B  Use of Annual Leave

 

An employee may elect with the appropriate Secretary’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

12.4C  Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of the appropriate Secretary, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in 12.4A(iii)(b) who is ill.

 

12.4D Personal Carers entitlement for casual employees

 

(i)       Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in 12.4A(iii)(b) of the Award who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

This entitlement is subject to the evidentiary requirements set out below in (iv), and the notice requirements set out in (v).

 

(ii)      The appropriate Secretary and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(iii)     The appropriate Secretary must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the appropriate Secretary to engage or not to engage a casual employee are otherwise not affected.

 

(iv)     The casual employee shall, if required,

 

(a)       establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(b)       establish by production of documentation acceptable to the appropriate Secretary or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, a casual employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

(v)       The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the appropriate Secretary of their inability to attend for duty. If it is not reasonably practicable to inform the appropriate Secretary during the ordinary hours of the first day or shift of such absence, the employee will inform the appropriate Secretary within 24 hours of the absence.

 

12.4E  Bereavement entitlements for casual employees

 

(i)       Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in 12.4A(iii)(b) of subclause 12.4, Personal/Carers Leave.

 

(ii)      The appropriate Secretary and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. 2 days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(iii)     The appropriate Secretary must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an appropriate Secretary to engage or not engage a casual employee are otherwise not affected.

 

12.5    Annual Leave

 

(i)       An employee may elect, with the consent of the appropriate Secretary, to take annual leave not exceeding 10 days in single-day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(ii)      Access to annual leave, as prescribed in paragraph 12.5(i), shall be exclusive of any shutdown period provided for elsewhere under this Award.

 

(iii)     Where applicable, an employee and the appropriate Secretary may agree to defer payment of annual leave loading in respect of single-day absences until at least 5 consecutive annual leave days are taken.

 

12.6    Time Off in Lieu of Payment for Overtime

 

(i)       An employee may elect, with the consent of the appropriate Secretary, to take time off in lieu of payment for overtime at a time or times agreed with the appropriate Secretary within 12 months of the said election.

 

(ii)      Overtime taken as time off during ordinary time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.

 

(iii)     If, having elected to take time as leave in accordance with paragraph 12.6(i), the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

(iv)     Where no election is made in accordance with paragraph 12.6(i), the employee shall be paid overtime rates in accordance with the Award.

 

12.7    Make-up Time

 

An employee may elect, with the consent of the appropriate Secretary, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award, at the ordinary rate of pay.

 

12.8    Public Holidays

 

Payment (to the extent which would ordinarily have been paid had the day been a working day) shall be made for the following days:

 

New Year's Day, Australia Day, Anzac Day, Good Friday, Easter Monday, Queen's Birthday, Labour Day, Christmas Day, Boxing Day,

 

whenever celebrated, and all other gazetted holidays proclaimed to operate throughout the State of NSW.

 

12.9    Union Picnic Day

 

(i)       The picnic day will be held during the Christmas - New Year period.

 

(ii)      All employees will, as far as practicable, be given and will take this day as picnic day and shall be paid therefore as for 8 hours’ work at the rates of pay prescribed in this Agreement.

 

12.10  Recreation Leave Management

 

(i)       At least 2 consecutive weeks of recreation leave shall be taken by an employee every 12 months, except by agreement in special circumstances.

 

(ii)      When an employee has achieved an accrual of 30 days' recreation leave (maximum accrual without review is 40 days), their manager or supervisor will discuss the management of that accrued recreation leave with the employee, so that it may be taken at a time which suits the operational needs of the Department or the Office and the needs of the individual.

 

13.  Allowances to Reimburse Expenses

 

13.1    Reimbursement of Meal Allowances - No Overnight Stay

 

Expenses incurred by employees when they are directed to travel on official business, including outside their normal working hours, without having to remain away from home base overnight and where meals are not provided by the Department or the Office, will be reimbursed to the level specified under this subclause.  This entitlement to reimbursement is in lieu of any allowances which may otherwise apply under subclause 10.7.  Receipts will not be required to substantiate meal expenditures claimed up to the levels set out in Schedule 3.

 

13.2    Reimbursement for Accommodation and Meals - Overnight Stay

 

(i)       Where the employee is required to stay overnight and accommodation is not provided by the Department or the Office, the employee will be paid the actual cost of living expenses upon production of receipts plus the incidental expenses allowance as per Schedule 3.

 

(ii)      Where the employee is required to stay overnight and accommodation is provided by the Department or the Office, the employee will be paid the appropriate daily meal allowance plus the incidental expenses allowance as per Schedule 3.

 

13.3    Travelling Time

 

(i)       Time spent travelling on official business during ordinary hours of work is regarded as on duty and is comprehended within an employee’s minimum rate of pay as prescribed by clause 8.  Time spent travelling on official business outside ordinary hours will attract additional payment or compensation, at the employee’s ordinary rate of pay, i.e. single time.

 

(ii)      Where an employee is required to commence and/or finish work at a temporary work location, that is, not at their normal depot or workshop, they may be required to travel up to 20 minutes each way in their own time.  Any time spent travelling beyond 20 minutes will be compensated at the employee’s ordinary rate of pay, i.e. single time.

 

13.4    Camping Expenses

 

(i)       The Department or the Office may elect to provide camping facilities for which a camping allowance is paid.  The camping allowance is as prescribed in Schedule 3.

 

(ii)      Where the employee is required to camp and camping facilities are not provided by the Department or the Office in accordance with paragraph 13.4.(i), the camping equipment allowance prescribed in Schedule 3 shall be paid.

 

14.  Inclement Weather

 

Definition

 

For the purposes of this clause, "inclement weather" means wet weather or abnormal climatic conditions such as hail, cold, high winds, severe dust storms, extreme high temperature or any combination thereof.

 

14.1    Continuation of Work

 

Appropriate functions can be carried out in inclement weather conditions, provided protective clothing of an agreed standard is issued.  Decisions on working in inclement weather will rest with the supervisor after consultation with the employees affected and consistent with sound occupational health and safety principles:

 

15.  First-Aid and Health and Safety Issues

 

(i)       Where practicable, no less than one of the employees in each work group shall have a recognised qualification in First-Aid.

 

(ii)      A standard first-aid kit shall be provided and maintained by the Department or the Office on all worksites to which this Agreement applies.

 

(iii)     In the event of any serious accident, happening or serious sickness occurring to any employee whilst at work, in the camp or going to or from the camp, the Department or the Office shall provide transport facilities to the nearest hospital or doctor at its expense.

 

(iv)     Any employee who is appropriately qualified and is approved by the appropriate Secretary to perform first-aid duty to any work group shall be paid a first-aid allowance in accordance with Schedule 3.

 

16.  Work Apparel

 

The Department or the Office will issue, free of cost to employees, the following work apparel:

 

 

Item	Number
Trousers	4
Shirt (long/short sleeves)	4 (any combination)
Wool jumper	1
Jacket	1

 

One pair of overalls may be substituted for any pants/shirt combination.

 

2 sweat shirts may be substituted for the woollen jumper.

 

When requested by Workshop employees, up to 2 pairs of shorts may be substituted for up to 2 pairs of (long) trousers (to be worn under overalls)

 

Work apparel will be replaced on a fair-wear-and-tear, new-for-old-exchange basis.

 

It is a condition of employment that employees must wear the work apparel that is issued to them by the Department or the Office whilst on duty.

 

Employees will be responsible for the cost of laundering and maintenance of work apparel issue to them.

 

17.  Tools and Protective Clothing

 

(i)       All tools required by employees shall be provided free of charge by the Department or the Office.

 

(ii)      The Department or the Office shall supply and the employee will wear, where appropriate, protective equipment and clothing as required by the Work Health and Safety Act 2011 and Regulations as amended, e.g. hats, eye protection, overalls, etc.

 

(iii)     Protective equipment and clothing remains the property of the Department or the Office and, on resignation, retirement or dismissal, will be returned to the Department or the Office, if requested.

 

(iv)     An employee whose protective equipment and clothing is worn, spoiled or damaged due to the circumstances of their employment shall have the clothing replaced at no cost to the employee.

 

18.  Settlement of Disputes

 

In accordance with the provisions of section 14 of the Industrial Relations Act 1996, the undermentioned procedures shall be applied in the settlement of disputes:

 

(i)       Reasonable time limits as defined in subclause 3(iii) must be allowed for discussion at each level of authority.

 

(ii)      The employee, employees or their representatives are required to notify the Department or the Office (the supervisor in the first instance) (in writing or otherwise) as to the substance of the grievance/dispute, requesting a meeting with the Department or the Office (Supervisor) for initial discussions and stating the remedy sought.

 

(iii)     Where a dispute arises in a particular section which cannot be resolved between the employees or their representative and supervising staff, it shall be referred to the Department's, the Office or the employee’s Director, Industrial Relations or other nominated employee who may arrange for the matter to be discussed with the Union or Unions concerned.

 

(iv)     Failing settlement of the issue at this level, the matter should be referred to senior management.  If the matter remains unresolved and if appropriate, the assistance of the appropriate Secretary   may be requested. 

 

(v)       If the matter remains unsolved, it should be referred to the Industrial Relations Commission of NSW under section 130 of the Industrial Relations Act 1996.

 

(vi)     Whilst these procedures are continuing, no stoppage of work or any form of limitation of work (excepting safety-related issues) shall be applied.

 

19.  Anti-Discrimination

 

19.1    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.

 

19.2    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.

 

19.3    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.

 

19.4    Nothing in this clause is to be taken to affect:

 

(a)       any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)      offering or providing junior rates of pay to persons under 21 years of age;

 

(c)       any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)      a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

19.5    This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

(a)       The Department or the Office and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)      Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

20.  Counselling and Discipline

 

This clause shall not apply where the actions and/or behaviour of an employee are such as to constitute grounds for dismissal in accordance with subclause 7.1.

 

20.1    Early Intervention and Informal Counselling

 

(i)       Poor performance should be dealt with as performance difficulties are identified.  For example:

 

(a)       agreed goals and targets are not achieved within a reasonable or agreed time;

 

(b)       agreed tasks are not performed; or

 

(c)       identified skills required are not demonstrated.

 

(ii)      Informal counselling by the manager/supervisor of the employee should only occur under the following conditions:

 

(a)       The employee is given reasonable notice of the proposed informal counselling session and the purpose of the session.

 

(b)       The manager/supervisor should confine the counselling session to work performance, informing the employee of identified deficiencies in their performance by reference to the employee’s work plan.  The employee should be given the opportunity to respond to this information, which may or may not resolve the problem.  If unresolved, the manager/supervisor will verbally, and in writing, confirm the work performance issues requiring improvement, the targets to be achieved, and the timeframe.  The employee will also be informed of the next steps to be followed if improvements to work performance are not achieved within the required timeframe.

 

(c)       If possible, the outcome of informal counselling should be agreed by the employee and their manager/supervisor.  If the employee disagrees with the manager/supervisor’s views on their work performance and/or proposals to improve work performance, they are to be informed of their right to use the agency’s grievance and dispute resolution procedures.

 

(d)       Resolution of the employee’s grievance or dispute may result in the following:

 

no further action in regard to the employee’s work performance; or

 

implementation of informal counselling outcomes; or

 

formal counselling if the level of poor work performance cannot be effectively managed by informal counselling or the employee refuses to accept informal counselling outcomes; or

 

administrative action if the work performance has been caused by organisational, personal or external factors.

 

Early and effective information counselling in most areas will address work performance problem and inform the employee that poor work performance is unacceptable.

 

20.2    Formal Counselling and Development of a Performance Improvement Plan

 

(i)       Formal counselling would normally be required in situations where:

 

(a)       performance is still poor after informal supervisory counselling;

 

(b)       the poor performance is beyond the scope of informal supervisory counselling;

 

(c)       the poor performance exists at a formal feedback point in the annual cycle of performance assessments; or

 

(d)       poor performance exists at the end of a probationary period.

 

(ii)      A formal counselling session would normally be the responsibility of the employee’s line manager and conducted:

 

(a)       at a predetermined time and location;

 

(b)       with the employee having received adequate written notice of the purpose of the session, who will be in attendance, the poor work performance issues to be canvassed, proposed strategies to address poor work performance, consequences of continued poor performance and the purpose of a performance improvement plan;

 

(c)       in accordance with the agenda.  If there is no identified organisational, personal or external factors or deficiencies that can be attributed to the poor work performance, an agreed documented performance improvement plan should be developed by the manager/supervisor and employee;

 

(d)       with a support person in attendance (such a Union delegate or colleague) if desired by the employee.

 

The performance improvement plan should include agreed dates for progress reviews and be signed by the manager/supervisor and employee.

 

The employee’s rights in relation to formal grievance and dispute resolution procedures should be maintained which, depending on the outcome, may result in:

 

(a)       no further action in regard to the employee’s work performance; or

 

(b)       implementation of formal disciplinary action if the employee has not good cause or reason to accept formal counselling; or

 

(c)       alternative administrative action if the poor work performance is the result of organisational, personal or external problems.

 

(iii)     At the end of a formal counselling session, the employee and their manager/supervisor should be fully aware of the future management of the employee’s work performance.

 

(iv)     This information should be summarised in the formulation of a performance improvement plan. The performance improvement plan should be signed and a time agreed for the follow-up meeting.  A copy should be given to the employee.

 

20.3    Follow-up Review of the Performance Improvement Plan

 

(i)       At the agreed date, the supervisor and employee should review the employee’s performance and the remedial action taken as a result of the performance improvement plan.

 

(ii)      Where it is agreed that the performance is satisfactory, this should be documented and future performance should continue to be assessed through the normal feedback cycle of the performance management system.  However, consideration should be given to setting an interim date for further counselling to assist the employee if required.

 

(iii)     If the employee has failed to improve performance at the agreed date, the supervisor should consider further action including:

 

(a)       extension of the review period;

 

(b)       transfer to another location at an equivalent grade;

 

(c)       use of sanctions; and

 

(d)       disciplinary action.

 

(i)       As in the previous counselling session, the principles of maintaining accurate records, informing those involved and allowing adequate preparation time should be followed.

 

(ii)      Any decision or recommendation made should be conveyed to the employee in writing and include:

 

(a)       the decision or recommendation;

 

(b)       a summary of the procedure to date and the basis for the decision;

 

(c)       the consequence of the decision and, if applicable, the legislative basis under which any further action is being taken; and

 

(d)       advice on how to access further information and assistance if required.

 

(i)       Where consideration is being given to either extension of the review period, or transfer, the matter should be discussed with the employee and agreement to proceed sought.  Otherwise, the agency’s grievance and dispute resolution mechanism could be utilised.  Failure to agree does not in itself preclude the proposed course of action but should raise serious doubts about the potential for success.

 

20.4    Use of Sanctions

 

(i)       If performance remains unsatisfactory after the formulation and review of the performance improvement plan, it may be appropriate to consider the use of sanctions.  The use of sanctions is intended to bring about an improvement in the performance of an individual.  Sanctions must be related to work performance only.  They may include the following:

 

(a)       extension of probation period;

 

(b)       cancellation of increment;

 

(c)       cancellation of flex time; and/or

 

(d)       cancellation of access to study leave provisions.

 

(ii)      Intended or actual use of any sanction must be approved at the appropriate managerial level and documented both in a written statement to the employee and in the revised performance improvement plan.

 

20.5    Misconduct Action

 

(i)       Where consideration is being given to disciplinary action, the procedures contained within the Government Sector Employment Act 2013, the Government Sector Employment Regulation 2014 and the Government Sector Employment Rules 2014 shall be followed. 

 

21.  Contractors’ Protocol

 

Where work is to be carried out by contract, including subcontract, the Department or the Office will:

 

(i)       ensure that all tenders are properly scrutinised to ensure that prospective tenderers would, if successful, be paying Award rates, providing Award conditions and complying with other statutory provisions and the Department’s or the Office’s specified standards, including but not limited to safe working procedures.

 

(ii)      on being advised or otherwise becoming aware that a contractor or subcontractor is not paying Award rates, providing Award conditions or complying with any other statutory provisions, the Department or the Office will take necessary action to ensure that the situation is rectified.  Should the contractor or subcontractor continue to breach the provision, then appropriate action, including termination of contract, will, if appropriate, be implemented.

 

22.  Agreed Procedures for Market Testing and Contracting Out

 

Where work is presently carried out by the Department’s or the Office’s wages employees, the parties agree that the Government’s policy on Service Competition will be observed.

 

23.  Ongoing Award Review

 

(i)       A Single Bargaining Unit (SBU) will be established to monitor the viability of this Award and ensure adherence to the terms contained herein.

 

(ii)      The appropriateness of this Award and the clauses contained within to the Department or the Office and the Unions will be reviewed by the SBU continually while this Award is operating.

 

(iii)     This Award will continue to operate after its nominal expiry date unless the Department or the Office or the Union provide one month’s notice that it is to expire.

 

(iv)     The SBU will be responsible for initiating and formulating any amendments to be developed and approved to this Award or replacement Award.

 

(v)       An Award developed by the SBU under subclause 23(iv) will replace this Award on:

 

(a)       the date of commencement of such Award; or

 

(b)      another date,

 

as agreed between the Department or the Office and Unions.

 

24.  Deduction of Union Membership Fees

 

(i)       The Union shall provide the appropriate Secretary with a schedule setting out Union fortnightly membership fees payable by members of the Union in accordance with the Union’s rules.

 

(ii)      The Union shall advise the appropriate Secretary 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 shall be provided to the Department or the Office at least one month in advance of the variation taking effect.

 

(iii)     Subject to subclauses 24(i) and 24(ii), the Department or the Office shall 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 or the Office to make such deductions.

 

(iv)     Monies so deducted from employee’s pay shall be forwarded regularly to the Union together with the necessary information to enable the Union to reconcile and credit subscriptions to employees’ Union membership accounts.

 

(v)       Unless other arrangements are agreed to by the appropriate Secretary and the Union, all Union membership fees shall be deducted on a fortnightly basis.

 

(vi)     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 shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

25.  No Extra Claims

 

Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, there shall be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to 30 June 2023 by a party to this Award.

 

 

 

 

PART B

 

MONETARY RATES

 

Schedule 1 - Wage Rates

 

Schedule 1 - Wage Rates	From the first full pay period on or after 1.7.21 (2.04%) $	From the first full pay period on or after 1.7.22 (2.53%) $
Trainee	955.00	979.20
Grade 1	995.30	1020.50
Grade II	1049.30	1075.80
Grade III	1105.20	1133.20
Grade IV	1135.90	1164.60
Grade V	1200.00	1230.40
Grade VI	1279.10	1311.50
Grade VII	1342.80	1376.80

 

Schedule 2 - Conservation Field Officers Proposed Tasks/Competency and Grading Alignment

 

This document outlines the work undertaken by Conservation Field Officers and the appropriate units of competence (competency) that aligns with the roles.  The relevant tasks and competencies have been matched to the proposed grading structure.

 

Work groups have been established to assist all stakeholders to validate the proposed structure.  The workgroups are:

 

Group 1	Farm Operations
Group 2	Water Operations
Group 3	Lands/Park Operations
Group 4	Dam Operations
Group 5	River Operations
Group 6	Fitters Operations
Group 7	Survey Field Operations
Group 8	Building Maintenance Operations
Group 9	Earthmoving Operations

 

The purpose of this document and format is to establish an understanding of the relationship between the roles undertaken and the competency achieved and the level or grade at which that role will be recognised.

 

The competencies identified for each work group and grade are nationally endorsed units of competence.  The units have been selected from various industry packages as examples of units of competence which reflect the roles 

undertaken by employees covered by the new consent Award. The selection of the competencies for each grade will be subject to ongoing review and replacement as the nature of roles and technology changes.  The identifying codes for each competency indicate the current source industry package.  Example competencies have been accessed from packages which include:

 

Rural Production, RTE03

 

Amenity Horticulture, RTF03

 

Conservation and Land Management, RTD02

 

Water Industry, NWP01

Asset Maintenance, PRM04

 

Asset Security, PRS03

 

Civil Construction, BCC03

 

General Construction, BCG03

 

Metal and Engineering Industry, MEM98

 

Public Safety, PUA00

 

Forest and Forest Products Industry, FPI99

 

Extractive Industry, MNQ03

 

Laboratory Operations, PML99

 

Automotive Industry Retail, Service and Repair

 

Business Services, BSB01

 

Transport and Distribution, TDT02

 

Sea Food Industry, SFI04

 

Electrotechnology, UTE99

 

Property Development and Management, PRD01

 

National Public Services, PSP99

 

When reviewing the relevant section/s of this document, stakeholders need to confirm that the competencies are representative of the type of roles carried out in their respective workgroups.  The refinement of identifying the specific competencies to roles will be addressed in the transitional arrangements which will proceed outside the formal Award.

 

Following is the grading structure and the proposed task/competency alignments for each work group:

 

COMPETENCY/GRADING ALIGNMENT CONSERVATION FIELD OFFICERS

 

Trainee		Grade 1		Grade 2		Grade 3
Entry/induction training to align with achieving Grade 2 competencies.		Achievement of a selected number of Entry Level competencies required.   Competencies selected are a mix of generic and operational competencies applied in a narrow range of areas.   This grade equates to about half of Grade 2 requirements.		Working at this level defines a competent Conservation Field Officer undertaking a moderate range of operational tasks.   Completion of competencies at this level predominantly fit with to national certificate AQF Level.		Achievement of limited number of operational competencies selected from a higher level enables an employee to be recognised for specialisation which may not be required full-time.   Reflects work undertaken mainly at Level 2 with some additional competencies from Level Grade 3.
Grade 4		Grade 5		Grade 6		Grade 7
Achievement of additional competencies required.   Roles undertaken at this level relates to the application of relevant theoretical knowledge and a range of well-developed skills.   Predominantly equates with national certificate AQF Level 3		Achievement of additional competencies required.   Roles undertaken at this level relates to the application of relevant theoretical knowledge and a range of well-developed skills.   Some work is from a higher level.   Predominantly equates to a higher national certificate AQF Level 3.		Specialised competencies required to progress to this grade.   Roles undertaken at this level reflects a broad knowledge base, application of solutions to a defined range of broad unpredictable problems and skill in a range of areas with depth in some.   Roles undertaken at this level equates to AQF Level 4 and reflects the application of technical skills to a range of situations.		Specialised competencies required to progress to this grade.   Provides recognition of advanced technical trade skills and or qualifications beyond those of Grade 6.   Predominantly equates with to a higher national certificate AQF Level 4.

 

Trainee:

 

Entry/induction training to align with achieving Grade 2 competencies.

 

Completion of relevant induction training program to be confirmed in transitional arrangements.

 

Grade 1 Progression Criteria:

 

Achievement of a selected number of entry level competencies required.

 

Competencies selected are a mix of generic and operational competencies applied in a narrow range of areas.

 

This grade equates to about half of Grade 2 requirements.

 

The requirements for progression from Trainee to Grade 1 is the completion of the appropriate units (detailed in the relevant grading handbook) that reflect work recognised at this grade.

 

Grade 2 Progression Criteria:

 

Achievement of additional competencies required.

 

Working at this level defines a competent Conservation Field Officer undertaking a moderate range of operation tasks.

 

Completion of competencies at this level align to national certificate AQF Level 2.

 

The requirements for progression from Grade 1 to Grade 2 is the completion of the appropriate units (detailed in the relevant grading handbook) that reflect work recognised at this grade and the availability of work at the higher grading.

 

Grade 3:

 

Achievement of limited number of operational competencies selected from a higher level.

Enables an employee to be recognised for specialisation which may not be required on an ongoing basis.

 

Reflects roles undertaken between Grade 2 and Grade 4.

 

The requirements for progression from Grade 2 to Grade 3 is the completion of the appropriate units (detailed in the relevant grading handbook) that reflect work recognised at this grade.

 

Grade 4:

 

Achievement of additional competencies required.

 

Roles undertaken at this level relates to the application of relevant theoretical knowledge and a range of well-developed skills.

 

Aligns to national certificate AQF Level 3.

 

The requirements for assignment to a role at Grade 4 are the completion of the appropriate units (detailed in the relevant grading handbook) that reflect work recognised at this grade and the availability of work at the higher grading.

 

Grade 5:

 

Achievement of additional competencies required.

 

Roles undertaken at this level relates to the application of relevant theoretical knowledge and a range of well-developed skills. Some work is from a higher level

 

Aligns to higher national certificate AQF Level 3.

 

The requirements for assignment to a role at Grade 5 are the completion of the appropriate units (detailed in the relevant grading handbook) that reflect work recognised at this grade and the availability of work at the higher grading.

 

Grade 6:

 

Achievement of additional competencies required.

 

Roles undertaken at this level reflects a broad knowledge base, application of solutions to a defined range of unpredictable problems and skill in a broad range of areas with depth in some.

 

Aligns to national certificate AQF Level 4.

 

The requirements for assignment to a role at Grade 6 are the completion of the appropriate units which reflect work recognised at this grade and the availability of work at the higher grading.

 

Grade 7:

 

Achievement of additional competencies required.

 

Provides recognition of advanced technical trade skills and or qualifications beyond those of Grade 6.

 

Aligns to higher level national certificate AQF Level 4.

 

The requirements for assignment to a role at Grade 7 are the completion of the appropriate units which reflect work recognised at this grade and the availability of work at the higher grading

 

 

 

 

Schedule 3 - Allowances

 

Table A - Work Related Allowances

 

(Subject to variations to Schedule C of the Crown Employees Wages Staff (Rates of Pay) Award 2022)

 

Clause No.	Description and Authority	1.7.21 (2.04%) $	1.7.22 (2.53%) $
8.6	Supervision Allowance	49.50	50.80
15.	First Aid Allowance	3.62	3.71

 

Table B - Expenses Related Allowances

 

(Subject to variations to Table 1 - Allowances of Part B, Monetary Rates of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009)

 

Clause No.	Description and Authority	From the first full pay period on or after 1.7.21 $	From the first full pay period on or after 1.7.22 $
10.7	Meal Allowance (Overtime)	Per ATO	Per ATO
	Breakfast: where required to start work before 6.00 am Lunch: for overtime required to be worked after 1.30 pm on Saturdays, Sundays and public holidays Dinner: when required to work after 6.00 pm
13.1	Reimbursement of meal allowances - no overnight stay (part day travel) Breakfast: when travel starts before 6.00 am	Per ATO	Per ATO
	Lunch: when employee unable to have lunch at normal workplace Dinner:  when employee works and travels after 6.30 pm
13.2	Incidental Expenses Allowance when claiming actual expenses for overnight accommodation and meals or where accommodations provided by employer	Per ATO	Per ATO
	Camping Allowance	0.9% increase (March 2021 Sydney CPI	4.4% increase (March 2022 Sydney CPI)
13.4(i)	Established Camp	34.60	36.10
	Non established Camp	45.70	47.70
	Additional allowance in excess of 40 nights per annum	10.90	11.40
13.4(ii)	Camping equipment allowance	34.30	35.80
	Bedding and/or sleeping bag allowance	5.80	6.10

 

Incidental Expenses Allowance when claiming actual expenses for overnight accommodation and meals or where accommodations provided by employer

 

 

 

N. CONSTANT, Chief Commissioner

 

 

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Printed by the authority of the Industrial Registrar.