(1131)

SERIAL C9792

Crown Employees (Australian Music Examinations Board (NSW) Examiners, Assessors and Chief Examiners) Award 2020

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 January 2023.

E. ROBINSON,� Industrial Registrar

Schedule of Variations Incorporated

Variation Serial No.	Date of Publication	Effective Date	Industrial Gazette Reference
			Volume	Page No.
C9151	19 June 2020	3 June 2020	388	849
C9764	17 November 2023	1 January 2023	395	1145

AWARD

PART A

1.� Arrangement

Clause No.�� Subject Matter

PART A

1.�� Arrangement

2.�� Dictionary

3.�� Anti-Discrimination

4.�� Covid-19 Video Examinations

5.�� Marking Rates - Base Rates

6.�� Marking Rates (Written)

7.�� Examining Rates (Practical)

8.�� Examining Rates (Covid-19 Video Examinations)

9.�� Meal Allowance

10.�� Travel and Living Allowance

11.�� Family Leave Provisions

12.�� Chief Examiners

13.�� Minimum Payment

14.�� Superannuation

15.�� Salary Sacrifice to Superannuation

16.�� Deduction of Unions’ Membership Fees

17.�� No Further Claims

18.�� Hours of Work

19.�� Conditions of Examining and Marking

20.�� Examination Procedures

21.�� Recruitment of Examiners and Assessors

22.�� Performance Development

23.�� System Improvements

24.�� Dispute Resolution Procedures

25.�� Duties as Directed

26.�� Work Health and Safety

27.�� Termination of Services

28.�� Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Base Rates

Table 2 - Allowances for Chief Examiners

Table 3 - Other Rates and Allowances

2.� Dictionary

2.1�� "AMEB (NSW)" means the Australian Music Examinations Board of New South Wales, which is the State agency in New South Wales of the Australian Music Examinations Board.

2.2�� "Assessors" means persons employed to undertake marking of the AMEB (NSW) written examination papers and paid by the number of papers marked per hour.

2.3�� "Chief Examiners" means persons employed to provide expert advice on all aspects of syllabus development and interpretation, examination practice and procedures, and professional issues relating to the training, development and conduct of examiners, and other duties as directed by the State Manager, for a group of instruments.

2.4�� "Chief Executive Officer" means the person holding or acting in the office of the Chief Executive Officer of the NSW Education Standards Authority pursuant to section 8 of the NSW Education Standards Authority Act 2013. The Chief Executive Officer is the Agency Head pursuant to section 28 of the Government Sector Employment Act 2013.� Reference to the Chief Executive Officer may from time to time refer to his/her delegate, meaning a person delegated by the Chief Executive Officer to perform functions associated with the office.

2.5�� “Covid-19” means the infectious disease also known as Novel Coronavirus.

2.6�� “Covid-19 Restrictions” means restrictions imposed by the New South Wales or Federal government that prevent face-to-face AMEB (NSW) practical examinations from occurring.

2.7�� “Covid-19 Video Examinations” means AMEB (NSW) practical examinations that take place during Covid-19 Restrictions and are conducted externally and on-screen.

2.8�� "Employees" means Chief Examiners, Assessors and Examiners employed by the NSW Education Standards Authority.

2.9�� "Examination Headquarters" means the Australian Music Examinations Board Music Studios at 117 Clarence Street, Sydney.

2.10�� "Examiners" means persons employed to undertake the AMEB (NSW) practical examinations at the AMEB (NSW) headquarters and other various locations throughout New South Wales and paid by the number of hours worked.

2.11�� “ICT” means Information and Communications Technology, including, but not limited to, internet capabilities, software, and computers.

2.12�� "Metropolitan Area" means a 40-kilometre radius from the AMEB (NSW) examination headquarters.

2.13�� "Parties" means the NSW Education Standards Authority, the Australian Education Union New South Wales Teachers Federation Branch and the Independent Education Union of Australia NSW/ACT Branch.

2.14�� "State Manager" means the State Manager, AMEB (NSW), employed under the Government Sector Employment Act 2013 by the NSW Education Standards Authority and accountable to the Chief Executive Officer, NSW Education Standards Authority for the total management of the AMEB (NSW) and the management of the AMEB (NSW) personnel and finances.

2.15�� "Superannuation Guarantee Contribution (SGC)" is the minimum compulsory level of superannuation contributions employers are required to make for their employees under the Commonwealth’s Superannuation Guarantee legislation.

2.16�� "Unions" means the Australian Education Union New South Wales Teachers Federation Branch and the Independent Education Union of Australia NSW/ACT Branch.

3.� Anti-Discrimination

3.1�� 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.

3.2�� 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 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.

3.3�� 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.

3.4�� Nothing in this clause is to be taken to affect:

3.4.1�� any conduct or act which is specifically exempted from anti-discrimination legislation;

3.4.2�� offering or providing junior rates of pay to persons under 21 years of age;

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

3.4.4�� a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

3.5�� 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.

4.� Covid-19 Video Examinations

4.1�� During Covid-19 Restrictions, examiners shall view and assess AMEB (NSW) practical examinations externally and on-screen by way of a video that is submitted by the person undertaking the exam.

4.2�� The conduct of online assessment is being developed in stages.� This will also allow for on-screen Examiners who are engaged to assess Covid-19 Video Examinations will be provided with mandatory induction training as appropriate and approved by the AMEB (NSW). Such training shall be paid at the base rate as set out in Table 1 - Base Rates of Part B, Monetary Rates.

4.3�� Examiners will be required to use their own ICT facilities, including internet, to view and assess Covid-19 Video Examinations.

4.4�� The Parties agree that these arrangements are a temporary measure and do not set a precedent for any future negotiations for external on-onscreen marking on a long-term basis. These arrangements remain in force during and until the cessation of COVID-19 Restrictions or subsequently until and including a date agreed by the Parties.

5.� Marking Rates - Base Rates

5.1�� Assessors and examiners are engaged on a casual basis, depending on the number of candidates enrolled in written and practical examinations. The base rate of pay is as set out in Table 1 - Base Rates of Part B, Monetary Rates.

5.2�� The conduct of online assessment is being developed in stages.� This will also allow for on-screen assessment preliminary to grade 2 (Theory, Musicianship and Music Craft) to be automatically marked by computer from 2010.� During the transition from paper based to online examinations, paper based examinations will continue to be marked by assessors and remunerated in accordance with clause 5.1.

6.� Marking Rates (Written)

6.1�� The rate for the marking of written examination papers by assessors shall be the base rate specified in Table 1 - Base Rates of Part B, Monetary Rates, divided by the number of papers to be marked in one hour for each subject and grade, as set out below:

Examination and grade theory	No. of papers per hour	Examination and grade musicianship	No. of papers per hour	Speech and drama	No. of papers per hour
1	15	1	15	4	3
2	14	2	14	5	3
3	10	3	10	6	2
4	8	4	7	7	1.5
5	6	5	7
6	5	6	6
7	3	7	3
		8	3

7.� Examining Rates (Practical)

7.1�� The rate for face-to-face practical examining for examiners shall be the base rate specified in Table 1 - Base Rates of Part B, Monetary Rates.

8.� Examining Rates (Covid-19 Video Examinations)

8.1�� The rate for the marking of Covid-19 Video Examinations shall be the base rate specified in Table 1 - Base Rates of Part B, Monetary Rates.

8.2�� Examiners will be entitled to a one hour minimum payment when assessing Covid-19 Video Examinations.

The hours of work shall otherwise be calculated based on the elapsed time of each individual examination and will include one minute additional paid time for each examination in recognition of the time required to transition between each video.

8.3�� Examiners assessing Covid-19 Video Examinations will be paid an External Onscreen Marking Allowance in line with that paid to Higher School Certificate markers engaged in external onscreen marking, specified in Table 4 of the Higher School Certificate Marking and Related Casual Employees Rates of Pay and Conditions Award 2021.

9.� Meal Allowance

9.1�� Meal allowances are payable to examiners and shall be paid pursuant to the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its successor or as amended from time to time.

9.2�� Meal allowances are not payable to examiners conducting Covid-19 Video Examinations.

10.� Travel and Living Allowance

10.1�� An allowance as set out in Item 1 of Table 3 - Other Rates and Allowances of Part B, Monetary Rates, is payable in respect of travel within the metropolitan area to the AMEB (NSW) examination headquarters. This allowance is not payable more than once in relation to any given day.

The travel allowance is based on the allowance rates for casual use of motor vehicles applied to an average 40 km and paid pursuant to the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its successor as amended from time to time.

10.2�� The travel allowance for examiners who are required to travel to venues other than the AMEB (NSW) examination headquarters or from outside the metropolitan area to the AMEB (NSW) examination headquarters, is based on the use of a private motor vehicle paid on the greater of:

10.2.1 the basis of cents per kilometre up to 8,000 kms per annum and over 8,000 kms per annum at the respective rates as set out in Item 2 of the said Table 3 and is payable to examiners in respect of each km travelled in excess of the total distance between the examiner’s usual place of residence and the AMEB (NSW) examination headquarters or 40 kms, whichever is the lesser, and in circumstances where a rental motor vehicle is not utilised; or

10.2.2 the cost of public transport or, at the sole discretion and with the prior approval of the State Manager, taxi cabs, as substantiated by receipts or other acceptable proof of expenditure; or

10.2.3 the rate pursuant to subclause 10.1 of this clause.

10.3�� The travel allowance shall be adjusted in accordance with the above formulae and with the rates as determined by the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its successor as amended from time to time.

10.4�� Where it is reasonable for examiners required to travel pursuant to subclause 10.2 of this clause to be away from their homes overnight, they shall be entitled to a daily living allowance paid at the applicable rate pursuant to the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its successor as amended from time to time.

11.� Family Leave Provisions

11.1�� The Chief Executive Officer must not fail to re-engage an Employee because:

11.1.1 The Employee or Employee’s spouse is pregnant; or

11.1.2 The Employee is or has been immediately absent on parental leave

The rights of an employer in relation to engagement and re-engagement of Employees are not affected, other than in accordance with this clause.

11.2�� Personal Carers entitlement for Employees

11.2.1 Employees are entitled to not be available to attend work, or to leave work if they need to care for a family member 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 evidentiary requirements set out below in subclause 11.3, and the notice requirements set out in subclause 11.4.

11.2.1.1�� A family member for the purposes of above is:

a spouse or family member; or

a de facto spouse being a member of the opposite sex to the Employee who lives with the Employee as her husband or as his wife on a bona fide domestic basis although not legally married to that Employee; or

a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent or legal guardian), a grandparent, grandchild or sibling of the Employee or of the spouse or de facto spouse of the Employee; or

a same sex partner who lives with the Employee as the de facto partner of that Employee on a bona fide domestic basis; or a relative of the Employee who is a member of the same household, where for the purposes of this definition:

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

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

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

11.2.2 The Chief Executive Officer and the Employee shall agree on the period 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 Employee is not entitled to any payment for the period of non-attendance.

11.2.3 The Chief Executive Officer must not fail to re-engage an Employee because the Employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage an Employee are otherwise not affected.

11.3�� The Employee, shall if required:

11.3.1 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

11.3.2 Establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such an emergency resulted in the person concerned requiring care by the Employee.

In normal circumstances, an Employee must not take carer’s leave under this subclause where another person had taken leave to care for the same person.

11.4�� The Employee must, as soon as reasonably practical and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the Employee will inform the employer within 24 hours of the absence (drawn from AIRC order (PR964989)).

11.5�� Bereavement entitlements for Employees

11.5.1 Employees are entitled to not be available to attend work or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the employer).

11.5.2 The Chief Executive Officer 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. two days) per occasion. The Employee is not entitled to any payment for the period of non-attendance.

11.5.3 The Chief Executive Officer must not fail to re-engage the Employee because the Employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage an Employee are otherwise not affected.

11.5.4 The Employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the Employee will inform the employer within 24 hours of the absence (Drawn from AIRC order (PR964989)).

12.� Chief Examiners

12.1�� Chief Examiners shall be remunerated on a per annum allowance basis ascending according to student candidature in each respective instrument group. Chief Examiners are responsible for:

12.1.1 syllabus development and interpretation;

12.1.2 examination practice and procedures;

12.1.3 professional issues relating to the training, development and conduct of examiners and assessors;

12.1.4 other duties as directed by the State Manager.

12.2�� Chief Examiners shall be remunerated by way of an allowance, paid annually and determined according to the candidature in their respective instrument group, as set out in Table 2 - Allowances for Chief Examiners of Part B, Monetary Rates.

13.� Minimum Payment

13.1�� No examiner scheduled to conduct face-to-face examinations on any day shall be paid for less than three hours, calculated in accordance with this award, from the time examining commences

14.� Superannuation

14.1�� All examiners, assessors and Chief Examiners shall be entitled to occupational superannuation at the applicable SGC rate for all payments pursuant to clauses 5, Marking Rates - Base Rates, 6, Marking Rates (Written), and 7, Examining Rates (Practical).

15.� Salary Sacrifice to Superannuation

15.1�� Notwithstanding the salaries prescribed by Part B, Monetary Rates, an employee may elect, subject to the agreement of the employee’s department or agency, to sacrifice a portion of the wage/salary payable under clause 5, Marking Rates-Base Rates, to additional employer superannuation contributions.� Such election must be made prior to the commencement of the period of service to which the earnings relate.� In this clause, "superannuable salary" means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

15.2�� Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:

15.2.1 subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion; and

15.2.2 any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this award or any applicable award, Act or statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under the said clause 5 in the absence of any salary sacrifice to superannuation made under this award.

15.3�� The employee may elect to have the portion of payable salary which is sacrificed to additional employer superannuation contributions:

15.3.1 paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

15.3.2 subject to the department or agency’s agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions.

15.4�� Where an employee makes an election in terms of subclause 15.3 of this clause, the employer shall pay the portion of salary, the subject of election, to the relevant superannuation fund.

15.5�� Where the employee is a member of a superannuation scheme established under:

15.5.1 the Police Regulation (Superannuation) Act 1906;

15.5.2 the Superannuation Act 1916;

15.5.3 the State Authorities Superannuation Act 1987;

15.5.4 the State Authorities Non-contributory Superannuation Act 1987; or

15.5.5 the First State Superannuation Act 1992,

the employee’s department or agency must ensure that the amount of any additional employer superannuation contributions specified in subclause 15.1 of this clause is included in the employee’s superannuable salary which is notified to the New South Wales public sector superannuation trustee corporations.

15.6�� Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with his/her department or agency to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause 15.5 of this clause, the department or agency will continue to base contributions to that fund on the salary payable under clause 5 to the same extent as applied before the employee sacrificed portion of that salary to superannuation.� This clause applies even though the superannuation contributions made by the department or agency may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

15.7�� Should there be any delay in the scheduled increases in the Superannuation Guarantee Contributions, the parties will agree to vary the Award by consent to amend the increases to salaries and salary related allowances as appropriate.

16.� Deduction of Unions’ Membership Fees

16.1�� The unions shall provide the employer with a schedule setting out unions’ fortnightly membership fees payable by members of the unions in accordance with the unions’ rules.

16.2�� The unions shall advise the employer of any change to the amount of fortnightly membership fees made under its rules.� Any variation to the schedule of unions’ fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

16.3�� Subject to 16.1 and 16.2 above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the unions’ rules, provided that the employee has authorised the employer to make such deductions.

16.4�� Monies so deducted from employees’ pay shall be forwarded regularly to the unions together with all necessary information to enable the unions to reconcile and credit subscriptions to employee’s union membership accounts.

16.5�� Unless other arrangements are agreed to by the employer and the unions, all unions’ membership fees shall be deducted on a fortnightly basis.

16.6�� Where an employee has already authorised the deduction of union’s membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

17.� No Further Claims

17.1�� Except as provided by the Industrial Relations Act 1996, prior to 31 December 2023, there shall be no further claims by the parties to this award for changes to salaries, rates of pay, allowances or conditions of employment in relation to matters expressly contained in this Award.

18.� Hours of Work

18.1�� The core paid hours of work for examiners shall be seven hours a day. Hours of work for examiners shall be scheduled by the State Manager between the bandwidth hours of 8.00 a.m. to 6.00 p.m. on any day of the week. However, Sunday work shall also be subject to examiner availability.

18.2�� Examiners shall be entitled to a one-hour unpaid meal break between the hours of 12 noon and 2.00p.m, except in the case of examiners conducting Covid-19 Video Examinations in which case the Hours of Work provisions of clause 8.2 apply.

18.3�� Examiners shall be entitled to a morning and afternoon tea break of ten minutes each, which shall count as time worked, except in the case of examiners conducting Covid-19 Video Examinations in which case the Hours of Work provisions of clause 8.2 apply.

18.4�� The rates specified in Table 1 - Base Rates of Part B, Monetary Rates incorporate loadings for casual engagement, sick leave and pro rata holidays, excepting the extended leave provisions of the Government Sector Employment Act 2013.

18.5�� Work scheduled after the examiner has worked the core paid hours of work from Monday to Saturday and all work scheduled on a Sunday shall be paid at the appropriate rate as set out in Table 1 - Base Rates of Part B, Monetary Rates loaded by 50 per cent.

18.6�� With the exception of the home to the first scheduled examining venue and the return home from the final examining venue travelling time between scheduled examining venues on the same day shall be paid at the rate applicable to the scheduled hours of work.

19.� Conditions of Examining and Marking

19.1�� Examiners and assessors shall strictly adhere to the official timetable, other than in circumstances recognised by the State Manager as being beyond their control.

19.2�� The State Manager shall ensure that all examination centres have adequate facilities and that all occupational health and safety requirements are met. Where facilities are identified as inadequate, examiners are to assist by reporting to the State Manager to ensure remedial action can be initiated.

19.3�� The AMEB (NSW) shall supply appropriate identification to examiners to be worn during their hours of work.

20.� Examination Procedures

20.1�� The examination procedures shall be in accordance with the Handbook for Examiners, issued annually by the AMEB (NSW), after consultation between the parties.

21.� Recruitment of Examiners and Assessors

21.1�� The AMEB (NSW) selection criteria for the recruitment of examiners and assessors include:

21.1.1 relevant music and/or speech and drama qualifications;

21.1.2 developed skills in teaching and performance;

21.1.3 excellent interpersonal skills;

21.1.4 communications skills and ability to articulate concepts clearly;

21.1.5 constructive, supportive and analytical report writing skills;

21.1.6 sound understanding of the stylistic elements essential to performance;

21.1.7 demonstrated knowledge of the AMEB (NSW) repertoire, syllabus requirements and regulations;

21.1.8 demonstrated a professional understanding of the standards obtainable at each grade level within the syllabus and availability to examine.

21.2�� Successful applicants shall be required to undertake mandatory induction training as appropriate and approved by the AMEB (NSW). Such training shall be paid at the base rate as set out in Table 1 - Base Rates of Part B, Monetary Rates.

22.� Performance Development

22.1�� The performance development scheme already agreed by the parties for examiners and assessors addresses three objectives and shall:

22.1.1 ensure that Chief Examiners and examiners and assessors engage in an appraisal process designed to improve the quality of examinations, and to focus it on the teaching and learning objectives of the AMEB (NSW);

22.1.2 provide work reports to examiners and assessors who need these for employment purposes;

22.1.3 assist examiners and assessors whose performance is causing concern.

22.2�� The parties are to monitor the implementation of the performance development scheme and agree to appropriate refinements if required.

22.3�� Training and Development - The annual training and development meeting of examiners and assessors shall continue to be conducted by the relevant adviser. Participating examiners and assessors shall continue to be considered to be on duty for this session.

23.� System Improvements

23.1�� The AMEB (NSW) acknowledges its continuing obligation to:

23.1.1 provide appropriate training to assist examiners in dealing with teachers, parents and candidates and in preparing examination reports;

23.1.2 ensure teachers, parents and candidates are aware of the appropriate avenues of securing feedback from examiners on candidate performance.

23.2�� Implementation of Revised Procedures - The parties agree to consult and co-operate in the development and implementation of operational and examination and assessment procedures.

24.� Dispute Resolution Procedures

24.1�� Subject to the provisions of the Industrial Relations Act 1996, the following procedures shall apply:

24.1.1 Should any dispute (including a question or difficulty) arise, discussions shall be held between the State Manager and the person(s) concerned and/or a representative of the unions. They shall discuss the dispute with a view to resolving the dispute, or by negotiating an agreed method and timeframe for proceeding.

24.1.2 If the dispute is not resolved at this level, the matter shall be referred to the Chief Executive Officer, NSW Education Standards Authority or nominee, to enable discussions at this level with the person(s) concerned and/or a representative of the unions. They shall discuss the dispute with a view to resolving the dispute, or by negotiating an agreed method and timeframe for proceeding.

24.1.3 Should the above procedures not lead to a resolution, then either party may make application to the Industrial Relations Commission of New South Wales.

25.� Duties as Directed

25.1�� The State Manager or delegate may direct an employee to carry out such duties which are within the limits of the employee’s skill, competence and training, consistent with the classifications covered by this award and provided that such duties do not promote deskilling.

25.2�� Any directions issued by the State Manager pursuant to subclause 25.1 of this clause shall be consistent with the State Manager’s responsibility to provide a safe and healthy working environment.

26.� Work Health and Safety

26.1�� For the purposes of this clause, the following definitions shall apply:

26.1.1 A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

26.1.2 A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that employer which might otherwise have been carried out by the other employer’s own employees.

26.2�� Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employers premises shall do the following (either directly, or through the agency of the labour hire or contract business):

26.2.1 consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

26.2.2 provide employees of the labour hire business and/or contract business with the appropriate health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

26.2.3 provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

26.2.4 ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

26.3�� Nothing in this clause 26 is intended to affect or detract from any obligation or responsibility upon a labour hire business under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.

26.4�� Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

26.5�� This clause operates from 21 March 2006.

27.� Termination of Services

27.1�� Any examiner is entitled to two weeks’ notice of termination of scheduled services, or payment for the hours scheduled as an examiner, except where termination of services is on account of misconduct of any kind or any unsatisfactory standard of work, or voluntary withdrawal by the examiner.

28.� Area, Incidence and Duration

28.1�� This award covers all persons employed by the NSW Education Standards Authority as AMEB (NSW) Examiners, Assessors and Chief Examiners.

28.2�� This award rescinds and replaces the Crown Employees (Australian Music Examinations Board (New South Wales) Examiners, Assessors and Advisers) Award 2017, published 15 May 2020 (388 I.G. 727).

28.3�� This award shall take effect on and from 1 January 2020 with a nominal term until and including 31 December 2022.