Crown Employees (NSW Department of Premier and Cabinet) - Museum of Applied Arts and Sciences Electrical Preparators Award 2022

 

AWARD REPRINT

 

This reprint of the consolidated award is published under the authority of the Industrial Registrar pursuant to section 390 of the Industrial Relations Act 1996, and under clause 6.6 of the Industrial Relations Commission Rules 2022.

 

I certify that the form of this reprint, incorporating the variations set out in the schedule, is correct as at 1 July 2023.

 

 

E. ROBINSON,  Industrial Registrar

 

Schedule of Variations Incorporated

 

 

 

AWARD

 

Index

 

PART A

 

Clause No.        Subject Matter

 

1.        Title

2.        Parties

3.        Definitions

4.        Intention

5.        Wage Rates

6.        General Conditions of Employment

7.        Consultative Committee

8.        Grievance and Dispute Handling Procedures

9.        Classification Standards

10.      Anti-Discrimination

11.      Area Incidence and Duration

12.      No Extra Claims

13.      Savings and Rights

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

PART A

 

1.  Title

 

1.1      This Award shall be known as the "Crown Employees (NSW Department of Premier and Cabinet) - Museum of Applied Arts and Sciences Electrical Preparators Award 2022".

 

2.  Parties

 

2.1      This Award has been made between the following parties:

 

The Industrial Relations Secretary

 

Electrical Trades Union of Australia, NSW Branch

 

3.  Definitions

 

"Act" means the Government Sector Employment Act 2013.

 

"Conditions Award" means the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009.

 

"Department" means the NSW Department of Communities and Justice.

 

"Department Head" means the Secretary of the NSW Department of Communities and Justice.

 

"Industrial Relations Secretary" means the Secretary of the Premier’s Department as defined in s49 of the Act.

 

"Operative Date" means the date on which this Award is made by the Industrial Relations Commission of New South Wales and becomes legally binding on the parties.

 

"Staff" means and includes all persons in ongoing employment or temporarily employed under the provisions of the Government Sector Employment Act 2013, and who, as at the operative date of this Award were occupying one of the roles covered by this Award, or who, after that date, are appointed to or employed in one of such roles.

 

"Supervision" means, in addition to normal supervisory responsibilities, the assessment, evaluation and training of staff.

 

"Union" means the Electrical Trades Union of Australia, NSW Branch.

 

4.  Intention

 

4.1      It is intended that the Award will provide a suitable basis for the parties to implement appropriate arrangements to ensure that corporate objectives are met.

 

4.2      The Award will help facilitate the processes necessary to enhance the productivity of the organisation and provide a better return to the organisation, the staff, and the community.

 

5.  Wage Rates

 

5.1      The wage rates paid to staff covered by this Award are specified in Table 1 - Rates of Pay of Part B, Monetary Rates.

 

5.2      These rates will move in accordance with the Crown Employees Wages Staff (Rates of Pay) Award 2022 as varied or any replacement award.

 

6.  General Conditions of Employment

 

6.1      Conditions of employment are regulated by the Government Sector Employment Act 2013 and its Regulations and Rules.

 

6.2      Conditions provided by this Award are:

 

6.2.1   The ordinary working hours shall be an average of thirty-five per week.

 

6.2.2   All allowances previously paid to staff covered by this Award, including the Licence Allowance, Tool Allowance and Leading Hand Allowance, are to be rolled into salary.

 

6.2.3   As from the date of effect of this Award, staff covered by this Award shall not be required to provide their own tools.

 

6.2.4   Employees will be entitled to an additional holiday on a working day nominated by the Department Head within the period between Boxing Day and New Year’s Day. This holiday applies in lieu of the Union Picnic Day entitlement provided by the Crown Employees (Skilled Trades) Award 2021.

 

6.3      Conditions provided by other Awards

 

6.3.1   Conditions of employment not regulated by this clause shall be covered by the Crown Employees (Skilled Trades) Award 2022 except for Overtime, Travelling Compensation and Excess Travelling Time for which provisions of the Conditions Award shall apply and;

 

6.3.2   Any other conditions not regulated by this Award or the Crown Employees (Skilled Trades) Award 2022 shall be provided by the Conditions Award as varied.

 

6.4      Where there is any inconsistency between this Award, the Crown Employees (Skilled Trades) Award 2022 and the Conditions Award this Award shall prevail to the extent of the inconsistency.

 

6.5      Flexible Working Hours

 

Flexible Working Hours: The Museum of Applied Arts and Sciences Flexible Working Hours Agreement of 1999 shall govern the employees covered under this award in terms of the hours of duty and flexible working hours.

 

6.6      Union Deduction

 

Subject to a staff member making written authorisation, the Department shall deduct from the staff member’s pay, subscriptions payable to a nominated industrial organisation of employees (Union) and shall pay the deducted subscriptions to such an organisation.

 

7.  Consultative Committee

 

7.1      The Museum of Applied Arts and Sciences ETU/Management Consultative Committee shall monitor the implementation of this Award and make, during its period of operation, recommendations to the Secretary of the Museum of Applied Arts and Sciences with regard to any matters regarding the implementation of this Award.

 

7.2      The ETU/Management Consultative Committee shall consist of representatives of management and representatives of the unions which are party to this Award, the latter chosen at the discretion of the union members covered by this Award.

 

7.3      Should the parties to the ETU/Management Consultative Committee fail to reach agreement on any matter the Dispute Resolution Procedures outlined in Clause 8 will be followed.

 

8.  Grievance and Disputes Settling Procedures

 

8.1      All grievances and disputes relating to the provisions of this award shall 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 Department, if required.

 

8.2      A staff member is required to notify in writing their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

8.3      Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes it impractical for the staff member to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Department Head or delegate.

 

8.4      The immediate manager, or other appropriate officer, shall 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.

 

8.5      If the matter remains unresolved with the immediate manager, the staff member may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two (2) working days, or as soon as practicable. The staff member may pursue the sequence of reference to successive levels of management until the matter is referred to the Department Head.

 

8.6      The Department Head may refer the matter to the Industrial Relations Secretary for consideration.

 

8.7      If the matter remains unresolved, the Department Head shall provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

8.8      A staff member, at any stage, may request to be represented by the Association.

 

8.9      The staff member or the Association on their behalf or the Department Head may refer the matter to the Industrial Relations Commission of NSW if the matter is unresolved following the use of these procedures.

 

8.10    The staff member, Association, Department and Industrial Relations Secretary shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

8.11    Whilst the procedures outlined in subclauses 8.1 to 8.10 of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving work health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.

 

9.  Classification Standards

 

9.1      A role falling within the scope of this Award shall have assigned to it a classification level determined in accordance with the classification standards detailed below.  Progression in each level is detailed below.

 

9.1.1   Electrical Preparator Grade 1: There are three salary levels for incremental progression. Progression will be determined by satisfactory performance and satisfactory attendance after 12 months at each level.

 

9.1.2   Electrical Preparator Grade 2: There is a soft barrier from Grade 1. Progression will be determined by satisfactory attendance after 12 months at the Year 3 level of Grade 1, availability of work at the higher level of duties as specified in the role description and satisfactory performance of the higher level of duties. Approval for progression will be in accordance with the Museum of Applied Arts and Sciences’ Delegation Manual. There are 2 salary levels in Grade 2. Progression will be determined by satisfactory performance and satisfactory attendance after 12 months at each level.

 

9.1.3   Senior Electrical Preparator: This is a promotional role and there are two levels in this classification. Progression will be determined by satisfactory performance and satisfactory attendance after 12 months at each level.

 

10.  Anti-Discrimination

 

10.1    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.

 

10.2    It follows that in fulfilling their obligations under the dispute resolution procedures 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 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 that, by its terms or operation, has a direct discriminatory effect.

 

10.3    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.

 

10.4    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 or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

10.5    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)       Employers and staff members may also be subject to Commonwealth anti-discrimination legislation.

 

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

 

"Nothing in this 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."

 

11.  Area Incidence and Duration

 

11.1    This Award applies to all staff of the Museum of Applied Arts and Sciences who are currently employed in the classifications defined in Part B, Table 1 of the Crown Employees (Skilled Trades) Award 2022.

 

11.2    This Award rescinds and replaces the Crown Employees (NSW Department of Premier and Cabinet) - Museum of Applied Arts and Sciences Electrical Preparators Award 2021 published 24 December 2021 (391 I.G. 323) and all variations thereof.

 

11.3    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.

 

12.  No Extra Claims

 

12.1    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 2024 by a party to this Award.

13.  Savings and Rights

 

13.1    At the time of making this Award, no person covered by this Award will suffer a reduction in his or her rate of pay or any loss of or diminution in his or her conditions of employment as a consequence of the making of this Award.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Clause 5 - Wage Rates	From the first full pay period on or after 1.7.22 (2.53%) (per year) $	From the first full pay period on or after 1.7.23 (4%) (per year) $
Electrical Preparator - Grade 1
Year 1	67,407.00	70,103.00
Year 2	69,261.00	72,031.00
Year 3	71,201.00	74,049.00
Electrical Preparator - Grade 2
Year 1	73,900.00	76,856.00
Year 2	76,788.00	79,860.00
Senior Electrical Preparator - Grade 1
Year 1	79,952.00	83,150.00
Year 2	81,407.00	84,663.00

 

 

 

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Printed by the authority of the Industrial Registrar.