Crown Employees (New South Wales Education Standards Authority - Education Officers) Salaries and Conditions Award 2020

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

 

Arrangement

 

Clause No.        Subject Matter

 

PART A

 

1.        Title

2.        Definitions

3.        Salaries

3A.      Deduction of Union Membership Fees

4.        Salary Packaging

5.        Salary Sacrifice to Superannuation

6.        Conditions Fixed by Other Awards

7.        Appointment and Mobility Provisions

8.        Flexible Work Arrangements

9.        Work Outside the Ordinary Hours of Work

10.      Consultation

11.      Training and Development

12.      Performance Appraisal

13.      Technology

14.      Dispute Resolution Procedures for the Parties

15.      Duties as Directed

16.      Personal/Carer’s Leave

17.      Work Health and Safety

18.      Anti-Discrimination

19.      No Further Claims

20.      Area Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

PART A

 

1.  Title

 

1.        This Award shall be known as the Crown Employees (NSW Education Standards Authority - Education Officers) Salaries and Conditions Award 2020.

 

2.  Definitions

 

2.1      "Aboriginal Education Consultative Group" means a branch of the NSW Education Standards Authority providing secretariat support to the independent, community based incorporated organisation, Aboriginal Education Consultative Group Inc., formed to provide advice and guidance to the Minster for Education and Early Childhood Learning on the direction of Aboriginal education in New South Wales.

 

2.2      "Act" means the Government Sector Employment Act 2013, the Government Sector Employment Regulation 2014 and the Government Sector Employment (General) Rules 2014.

 

2.3      "Banked Time" means the amount of time by which Flex time is reduced by one or more days at the end of a settlement period for the purpose of being re-credited to the officer to cover approved absences from work in future settlement periods.

 

2.4      "Chief Education Officer" means a salary classification that includes, but is not restricted to, NESA Inspectors; President, Aboriginal Education Consultative Group; Chief Project Officers; Chief Curriculum Officers, and any successor performing the same role.

 

2.5      "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 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.

 

2.6      "Coretime" means the period during the day when an officer may be required to be on duty that is 9.30 am to 3.30 pm.

 

2.7      "Education Officer" means a salary classification for jobs and any successor performing the role within the Aboriginal Education Consultative Group.

 

2.8      "Employed" or "employment" means when an Officer is employed on an ongoing basis, on secondment, temporarily employed or temporarily assigned by the NSW Education Standards Authority pursuant to the Government Sector Employment Act 2013.

 

2.9      "Excess hours" shall mean all time on weekends or public holidays and all hours before or after the bandwidth hours specified at clause 8.7 necessarily occupied by direction of, or on their own initiative with the approval of, the Chief Executive Officer in the performance of work which from its character or from special circumstances cannot be performed during the applicable bandwidth hours applying at the Officer’s headquarters. Provided that excess hours for Officers for whom usual office hours are not fixed or for Officers engaged in field work shall mean all such time on any day in excess of their bandwidth hours of work per week divided by five.

 

2.10    "Federation" means the Australian Education Union New South Wales Teachers Federation Branch.

 

2.11    "Field Officer" means a Liaison Officer.

 

2.12    "Flex time" is the hours accrued under flexible work arrangements in a settlement period which may be carried forward to the next settlement period, unless accrued as Banked Time.

 

2.13    "Flex Leave" means Flex time carried forward or already accrued in a settlement period and then used to cover approved absences from work during the same settlement period.

2.14    "General Secretary" means the General Secretary of the Australian Education Union New South Wales Teachers Federation Branch.

 

2.15    "Headquarters" means the administrative centre where the major part of the Officer’s work is performed, where the Officer normally reports or the office to which the Officer is attached.

 

2.16    "Industrial instrument" means an award, an enterprise agreement, a public sector industrial agreement, a former industrial agreement, a contract determination or a contract agreement.

 

2.17    "Industrial Relations Commission" means the Industrial Relations Commission of New South Wales established by the New South Wales Industrial Relations Act 1996.

 

2.18    "Industrial Relations Secretary" means the employer of the staff of the Public Service for the purpose of industrial proceedings as established under Part 4, Division 4 of the Act.

 

2.19    "NESA" means the NSW Education Standards Authority.

 

2.20    "Officer" or "Officers" means a person or all persons who is/are employed by or in the  NSW Education Standards Authority in the salary classifications of Chief Education Officer; Principal Education Officer; Senior Education Officer, Grade 1; Senior Education Officer, Grade 2; or Education Officer.

 

2.21    "Ongoing employment" means employment to an ongoing role pursuant to section 43 of the Act.

 

2.22    "Parties" means the NSW Education Standards Authority, the Australian Education Union New South Wales Teachers Federation Branch and the Industrial Relations Secretary.

 

2.23    "Principal Education Officer" means a job classification that includes, but is not restricted to Principal Curriculum Officers, Principal Assessment Officers and any successor performing the same role.

 

2.24    "Secondment" means when the NSW Education Standards Authority employs by making use of the services of an officer of the Department of Education.

 

2.25    "Senior Education Officer, Grade 1" means a salary classification that includes, but is not restricted to, Assessment Officers, Curriculum Officers, Project Officers and any successor performing the same role.

 

2.26    "Senior Education Officer, Grade 2" means a salary classification that includes, but is not restricted to, Liaison Officers, Senior Assessment Officers, Senior Curriculum Officers, Senior Planning Officers, Senior Project Officers and any successor performing the same role.

 

2.27    "Standard Hours" means the ordinary hours of duty which are worked in the absence of flexible working hours between 8.30am to 4.30pm (or as otherwise determined by the Chief Executive Officer), with an hour for lunch, Monday to Friday.

 

2.28    "Temporarily assigned" means employment of an Officer pursuant to section 46 of the Act.

 

2.29    "Temporarily employed" means when the NSW Education Standards Authority employs an Officer pursuant to section 43 of the Act.

 

2.30    "Union" means the Australian Education Union New South Wales Teachers Federation Branch

 

2.31    "Western Division" means the Western Division of the State of New South Wales as defined by the Act.

 

3.  Salaries

 

3.1      Officers will be employed in the salary classifications as defined in clause 2, Definitions.

 

3.2      Officers will be employed at annual salary levels not less than those for the classifications as set out in Table 1, Salaries in Part B, Monetary Salary Rates, except as may be provided for in respect of clause 4, Salary Packaging.

 

3.3      Unless the Chief Executive Officer determines otherwise in accordance with subclause 3.4 of this clause, new Officers will be remunerated at the minimum salaries on commencement of employment under each of the classifications set out in the said Table 1, as follows:

 

Education Officer Level 1, 1st Year of Service;

 

Senior Education Officer, Grade 1 Level 1;

 

Senior Education Officer, Grade 2 the single salary point specified;

 

Principal Education Officer the single salary point specified;

 

Chief Education Officer, Grade 1, Level 1.

 

Chief Education Officer, Grade 2 the single salary point specified.

 

3.4      The Chief Executive Officer will determine the remuneration of new Officers:

 

3.4.1   at the minimum rate of the appropriate salary classification; or

 

3.4.2   at such higher level specified in Table 1, having regard to:

 

the applicant’s skill, experience and qualifications; and

 

the rate required to attract the applicant; and

 

the remuneration of existing Officers performing similar work.

 

3.5      An Officer employed in the salary classification of Chief Education Officer, Senior Education Officer Grade 1 or Education Officer shall be entitled to progress along or be maintained on the incremental scale for the officer’s salary classification after each 12 months of service subject to the officer demonstrating by means of an annual review continuing efficiency in work practice, satisfactory performance and professional growth.

 

3.6      The salary payable for Chief Education Officers includes remuneration for all incidences of employment, including any existing expense or other allowance paid to Chief Education Officers covered prior to this award, for all hours worked and all other compensatory or other allowances other than:

 

3.6.1   annual leave loading;

 

3.6.2   travel or subsistence allowances;

 

3.6.3   allowances in relation to relocation expenses;

 

3.6.4   any approved reimbursement paid in relation to expenses incurred in the discharge of the Officer’s duties.

 

3.7      Chief Education Officers employed by the NESA as at the date this Award is made by the Industrial Relations Commission, that is, prior to the creation of the Grade 1 and Grade 2 Chief Education Officer classifications under this Award, will be redesignated at the Chief Education Officer Grade 1 classification and will remain on the previous five level single Chief Education Officer scale unless transferred or assigned to a role at the Chief Education Officer Grade 2 classification by the Chief Executive Officer.  All Chief Education Officers appointed after the date that this Award is made by the Industrial Relations Commission will be employed at either the Chief Education Officer Grade 1 or Grade 2 classification as determined by the Chief Executive Officer.

 

3A.  Deduction of Union Membership Fees

 

(i)       The union shall provide the employer 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 employer of any changes 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 employer at least one month in advance of the variation taking effect.

 

(iii)     Subject to (i) and (ii) 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 union’s rules, provided that the employee has authorised the employer to make such deductions.

 

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

 

(v)       Unless other arrangements are agreed to by the employer 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 read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

4.  Salary Packaging

 

4.1      Officers may participate in the NESA’s salary packaging scheme.

 

4.2      Except as otherwise provided in the agreed salary packaging scheme, Officers must be employed on the same conditions as set out in the award.

 

5.  Salary Sacrifice to Superannuation

 

5.1      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 3, Salaries, 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. The availability of salary for packaging purposes will be determined following payment of post tax commitments and payroll deductions such as employee superannuation contributions, union fees, health fund, premiums and maintenance orders etc.

 

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

 

(a)       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

 

(b)      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 3 in the absence of any salary sacrifice to superannuation made under this award.

 

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

 

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

 

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

 

5.4      Where an employee makes an election in terms of subclause 5.3 of this clause, the employer shall pay the portion of salary, the subject of election, to the relevant superannuation fund.

 

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

 

(a)       the Police Regulation (Superannuation) Act 1906;

 

(b)      the Superannuation Act 1916;

 

(c)       the State Authorities Superannuation Act 1987;

 

(d)      the State Authorities Non-contributory Superannuation Act 1987; or

 

(e)       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 5.1 of this clause is included in the employee’s superannuable salary which is notified to the New South Wales public sector superannuation trustee corporations.

 

5.6      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 5.5 of this clause, the department or agency will continue to base contributions to that fund on the salary payable under clause 3 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.

 

5.7      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.

 

6.  Conditions Fixed by Other Awards

 

6.1      The following industrial instruments and regulation or any successor thereto and any variations from time to time to the same, insofar as they fix conditions of employment applying to Officers covered by this award and pursuant to this award, shall apply to Officers unless specifically varied by this award in which case the provisions of this award take precedence:

 

Crown Employees (Transferred Officers Excess Rent Assistance) Agreement No. 2354 of 1981;

 

Crown Employees (Transferred Employees Compensation) Award

 

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009;

 

Government Sector Employment Act 2013

 

Government Sector Employment Regulation 2014

 

Government Sector Employment (General) Rules 2014

 

7.  Appointment and Mobility Provisions

 

7.1      Where the public service sick leave entitlement is exhausted, Officers on secondment from the Department of Education or Officers temporarily employed from any other New South Wales Government Department/Declared Authority can access, provided the NESA agrees, cumulative sick leave entitlements for their use, provided this is agreed to by the Department of Education or any other New South Wales Government Department/Declared Authority. The conversion of the cumulative sick leave entitlement will be attended to by the NESA.

 

7.2      Officers on secondment from the Department of Education and Officers temporarily employed from any other New South Wales Government Department/Declared Authority can access, provided the NESA agrees, any accrued long service leave entitlements for their use, provided this is agreed to by the Department of Education or the relevant New South Wales Government Department/Declared Authority.  The conversion of the long service leave entitlement will be attended to by the NESA.

 

7.3      The NESA will facilitate, where agreed, an Officer’s portability of entitlements for long service and sick leave whilst they are in the employment of the NESA.

 

7.4      In addition to the provisions of the Public Sector Employment Regulation 2014 and the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its successor or as amended from time to time where the balance of any period of maternity/adoption leave extends beyond the period an Officer is employed, the NESA will pay the difference in salary between the Officer’s substantive salary and the salary whilst at the NESA for the term of the leave taken, unless it coincides with any period of paid leave other than maternity/adoption leave.

 

7.5      An extension of a period of employment in order to coincide with an Officer’s return to a teaching service for Day 1 Term 1 Eastern Division or Day 1 Term 1 Western Division of a school year or to reflect a change in the Department of Education’s policy will be taken into specific regard in NESA employment practices.

 

7.6      The NESA’s superannuation provisions are to be no less beneficial than what Officers on secondment or Officers temporarily employed from any other New South Wales Government Department/Declared Authority would have received had they remained in their original positions.

 

7.7      Officers who demonstrate that they are existing contributors to either the State Superannuation Fund or the State Authorities Superannuation Scheme are entitled to retain their membership of those schemes as provided for in the Superannuation Act 1916, the State Authorities Superannuation Act 1987 or the First State Superannuation Act 1992.

 

7.8      Credit of recreation leave may be granted to Officers on secondment or temporarily employed Officers recruited directly from schools or TAFE colleges, in accordance with the following:

 

If the Officer Commences:  Recreation Leave to be Credited

 

January before 18th	10 days
January on or after 18th	5 days
February	5 days
March before 30th	5 days
March on or after 30th	10 days
April before vacation	10 days
April on or after 27th	5 days
May	5 days
June before 15th	5 days
June on or after 15th	10 days
July before vacation	10 days
July on or after 20th	5 days
August	5 days
September before 7th	5 days
September on or after 7th	10 days
October	5 days
November before 10th	5 days
November on or after 10th	10 days
December	10 days

 

Thereafter, recreation leave accrues at the normal rate.

 

7.9      To avoid excessive accrual of recreation leave, as described in clause 77.2 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 the Chief Executive Officer may direct an officer to take accrued recreation leave. Such direction will coincide with school vacation periods.

 

7.10    For the purpose of workers’ compensation, the employer of Officers is the NESA in terms of the Workers Injury Management and Workers Compensation Act 1998 or any successor thereto.

 

7.11    The letters of employment for all Officers will designate the salary and conditions of employment. For Officers on secondment from the Department of Education and Officers temporarily employed or temporarily appointed, the letters of employment will designate the duration, salary and conditions of their employment.

 

8.  Flexible Work Arrangements

 

The conditions under which flexible working hours operate are set out in this clause.

 

8.1      No officer can be directed to work under Flexible Work Arrangements. Those officers not participating in Flexible Work Arrangements will work standard hours as defined in clause 2.27.

 

8.2      To avoid excessive accrual of Accrued Work Time (AWT) the Chief Executive Officer may direct an officer to take accrued hours.  Such direction will coincide with school vacation periods.  Accrued Work Time is defined in Clause 8.13.

 

8.3      An officer may only work outside the hours of a standard day (7 hours) but within the bandwidth (7am - 7pm) and accrue hours toward a flexible working hours credit if the work is available to be performed.

 

8.4      Application

 

The Flexible Work arrangements that apply to Officers covered by this award are set out as follows:

 

8.4.1   Principal Education Officers, Senior Education Officers (except for Field Officers) and Education Officers -Clauses 8.4 to 8.13 inclusive and 8.15 to 8.18 inclusive.

 

8.4.2   Field Officers (Liaison Officers) Clauses 8.5 and 8.14 to 8.18 inclusive.

 

8.4.3   Chief Education Officers (CEO’s) Clause 8.19.

 

8.5      Settlement Period

 

8.5.1   The settlement period for the purpose of sub-clause 8.4.1 is 12 weeks. The settlement period for the purpose of subclause 8.4.2 is 4 weeks.

 

8.6      Ordinary Hours of Work and Standard Hours

 

8.7      Standard Bandwidth

 

8.7.1   The standard bandwidth is 7.00 am to 7.00 pm. Normal work can be undertaken during the period 7.30 am to 6.00 pm and additional hours work credited as accrued work time (as defined in subclause 8.13 ).

 

8.7.2   If normal work is undertaken at the Officer’s own initiative and with the approval of the Chief Executive Officer or delegate between 7.00 am and 7.30 am or 6.00 pm and 7.00 pm this time will be credited as accrued work time.

 

8.7.3   If an Officer is directed to work between 7.00 am and 7.30 am or 6.00 pm and 7.00 pm or at other times outside the bandwidth, including Saturday and Sunday compensatory leave will be accruable in accordance with clause 9 of this award.

 

8.7.4   An officer, who requests to work outside the standard bandwidth, must obtain approval of their Chief Executive Officer or delegate. The time worked is to be counted towards Accrued Work time (AWT).

 

8.7.5   If approval to work outside the bandwidth is not sought or given, then the time worked outside the standard bandwidth is not to be counted towards Accrued Work Time (AWT).

 

8.8      Coretime

 

8.8.1   The standard coretime is 9.30am to 3.30pm subject to the provisions as detailed in clause 8.10.

 

8.8.2   The standard coretime may only be varied at the request of an individual Officer with the agreement of the Chief Executive Officer or delegate.

 

8.8.3   In exceptional circumstances officers may commence work after 9.30 am and/or leave before 3.30 pm and the time taken shall be flex leave. This arrangement must be agreed between the officer and Chief Executive Officer or delegate.

 

8.9      Hours Worked

 

8.9.1   All Officers are entitled to work a minimum of 7 hours on any day. An officer cannot be directed to work less than 7 hours on any day. An Officer may choose to work less than 7 hours in one day with the agreement of the Chief Executive Officer or delegate.

 

8.9.2   An Officer may elect to change from flexible working hours to standard hours in agreement with the Chief Executive Officer t or delegate.

 

8.9.3   Nothing in this clause shall prevent the NESA requiring an officer to revert to working standard hours following reasonable notice.

 

8.9.4   Where an officer has completed a minimum of 7 hours on any day and there is no requirement for that officer to remain at the workplace the officer’s supervisor can request that the Officer cease work for that day.

 

8.10    Lunch and Meal Breaks

 

8.10.1 An officer is to take a meal break of at least 30 minutes in a period of 5 hours continuous work.

 

8.10.2 Lunch breaks must be of at least 30 minutes duration with an entitlement of up to one hour.

 

8.10.3 Provided customer service is maintained, a longer lunch break of up to two and a half hours may be taken with the supervisor’s approval. Lunch breaks may be taken between 11.30am and 2.30pm.

 

8.11    Flexible Working Hours

 

8.11.1 An officer may vary their flexible working hours or work standard hours at any time in agreement with the Chief Executive Officer or delegate and in accordance with the provisions of this Award.

 

8.12    Flex Leave and Banked Time Entitlements

8.12.1 All officers are entitled to take combinations of up to six (6) Flex Leave and Banked Time days in any settlement period. This time may be taken together with other forms of leave. The issue of when Flex Leave is taken should be agreed between the Officer and the Chief Executive Officer or delegate.

 

8.12.2 An officer may accumulate Banked Time during each settlement period on the following basis:

 

where the staff member takes 6 Flex Leave days the possible Banked Time is zero;

 

where the staff member takes 5 Flex Leave days the possible Banked Time is 1 day;

 

where the staff member takes 4 Flex Leave days the possible Banked Time is 2 days;

 

where the staff member takes 3 Flex Leave days the possible Banked Time is 3 days;

 

where the staff member takes less than 3 Flex Leave days the possible Banked Time is 3 days.

 

8.12.3 An officer may accumulate Banked Time of up to three (3) days in each settlement period. Over four settlement periods a maximum or equivalent of 12 days may be accumulated as Banked Time.

 

8.12.4 A Flex Leave day and a Banked Time day are each equivalent to 7 hours. The officer’s flex time will be reduced by this amount for each day of Banked Time. Seven (7) hours will be re-credited to the staff member’s time sheet when a Banked Time day is utilised for leave.

 

8.12.5 Banked Time days may be taken with other forms of leave including Flex Leave and can be taken in quantities ranging from 1 to 12 days over 4 settlement periods.

 

8.13    Accrued Work Time (AWT)

 

8.13.1             All time worked during the settlement period in accordance with this agreement (except paid overtime) will count towards the Officer’s Accrued Work Time (AWT).

 

8.13.2             An officer should have Accrued Work Time (AWT) of at least 410 hours at the conclusion of a settlement period. The minimum of 410 hours includes all credited AWT and all approved leave.

 

8.13.3             Where Accrued Work Time (AWT) is less than 410 hours at the end of a settlement period the officer will be required to submit a recreation leave form for the amount of the shortfall. Should the officer have no such leave available, leave without pay (LWOP) for the amount of time below 410 hours will apply and the LWOP is credited to the AWT total.

 

8.13.4             During the settlement period an Officer is entitled to accumulate and/or carry forward hours in excess of the 420 ordinary hours up to and including an additional 42 hours in any one settlement period. This additional 42 hours may be taken in the next settlement period as part of the up to 6 Flex Leave days that may be taken. This amount can only be exceeded in exceptional circumstances.

 

8.13.5             Hours worked are to be documented by the officer and supervisor over the settlement period through use of flex time records.

 

8.13.6             Total Accrued Work Time (AWT) is not to exceed 462 hours on a cumulative basis except in exceptional circumstances.

 

8.13.7             At the conclusion of each settlement period any Accrued Work Time (AWT) in excess of the 420 ordinary, and up to 462 hours, will be carried forward as a credit to the next settlement period, unless accumulated to the officers Banked Time in accordance with Clause 8.12.2.

 

8.13.8             In exceptional situations it is possible that the 462 hour limit may be exceeded. This additional time can be carried forward to the next settlement period but the Chief Executive Officer or delegate must develop an agreed strategy to ensure that the Officer is able to reduce the AWT to below the 462 hour limit.

 

8.13.9             An officer with Accrued Work Time (AWT) at the conclusion of a settlement period that amounts to less than 420 hours and greater than 410 hours must carry the appropriate debit hours forward to the next settlement period.

 

8.13.10           An officer may vary working hours to suit particular personal needs or absent themselves from work using Flex Leave or Banked Time. Absences of this type may occur on more than one occasion as single or consecutive full or quarter days in a settlement period and will be taken in agreement with the Chief Executive Officer or delegate. Absences of this type are not to be unreasonably denied, however the work demands of the NESA should be recognised.

 

8.13.11           Banked Time and Flex Leave shall be taken:

 

(a)       as soon as practicable following its accrual;

 

(b)       recognising that out of school hours and school vacations often provide the most practicable opportunities;

 

(c)       in multiples of a quarter day only.

 

8.14    Flexible Working Hours for Field Officers (Liaison Officers)

 

8.14.1 Flexible working hours of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its successor or as amended from time to time apply to Field Officers subject to variation of:

 

Settlement Period

 

Accumulation and Carry Over

 

Flex leave

 

Commencement or Cessation of Duty During Coretime as affected by the terms of subclauses 8.14.2 to 8.18.

 

8.14.2 Bandwidth hours for Field Officers are between 7.30 a.m. and 6.00 p.m. on each day, Monday to Friday. With the core hours requirement 9.30am to 3.30pm excluding public holidays. A flexible approach will be adopted by Field Officers and management in relation to normal working and flexible working arrangements. The decision in these matters is subject to organisational convenience and an appropriate level of service being provided, having regard to:

 

(a)       A Field Officer may opt, for personal reasons or work commitments, not to take a flex day in a settlement period, but rather to bank that flex day for use in a later settlement period.  Note that the total number of flex days that can be taken is not increased.

 

(b)       Up to one flex day and one banked flex day, or two banked flex days, may be taken in any settlement period.

 

(c)       The total number of banked flex days at any one time must not exceed five days.

 

(d)       To bank a flex day, seven hours is deducted from the total hours worked in the settlement period. The balance of hours (after deducting a banked flex day) may be carried over, up to a maximum of ten hours.

 

8.15    Separation from the Agency

 

8.15.1 Where an Officer gives notice of resignation, retirement or transfer to another government department, the Chief Executive Officer or delegate and Officer will, during the period of notice, take all reasonable steps to eliminate any accumulated credit or debit hours.

 

8.15.2 The Chief Executive Officer or delegate will facilitate the elimination of accumulated credit or debit hours by such Officers.

 

8.15.3 Where an officer has an accumulation of debit hours at the completion of the last day of service, the accumulated recreation leave or moneys owing to that officer will be adjusted accordingly.

 

8.15.4 Where an Officer has an accumulation of credit hours at the completion of the last day of service, then the accumulated credit hours are to be paid to the officer at the current salary rate.  However, if requested by the officer and agreed by the new agency, the credit hours may be carried forward to the new agency.

 

8.16    Part Time Officers

 

8.16.1 Part-time Officers may accumulate the same Accrued Work Time (AWT) and have the same rights to flexible working hours as full-time officers. They may not be required to work more than their contract hours.

 

8.17    Disruption of Transport

 

8.17.1 Where an Officer is delayed or prevented from attending the workplace as a result of a transport strike or a major transport delay, the following conditions will apply to the period of disruption.

 

(a)       The Officer may commence or cease duty at any time. Time worked on such days will accumulate in a normal way.

 

(b)       Where an Officer is unable to attend the workplace due to a transport disruption and is unable to work from home or attend another place of work, then the Officer may take the full day off without penalty provided that any excess Accrued Work Time is cleared in the following settlement period.

 

(c)       An Officer affected by transport disruption will not be debited recreation leave or leave without pay if the officer has accrued less than the minimum required Accrued Work Time contract hours in the settlement period coinciding with the transport disruption. However, the Officer must ensure that any Accrued Work Time debit is cleared in the following settlement period.

 

8.18    Working at Home

 

8.18.1 Working from home is a voluntary and co-operative arrangement which allows Officers to continue their employment during some temporary unforeseen circumstance which prevents their attending the workplace or where work of an intensive nature can be performed efficiently away from the workplace. Approval may be given by the appropriate manager or supervisor for individual Officers to work from home on full salary and entitlements on the basis that the arrangement is short term (up to five days) and is irregular, appropriate outcomes are negotiated and hours of work are agreed. Wherever possible, approval is to be sought in advance.

 

8.18.2 Working from home on an extended (more than five days) or regular basis on any one occasion rather than on a short-term basis will require a working from home arrangement to be developed by agreement between the parties.

 

8.19    Chief Education Officers

 

8.19.1 Chief Education Officers may negotiate with their supervisors for patterns of working hours which meet both the needs of the NESA and the personal circumstances of individual Chief Education Officers.

 

8.19.2 Chief Education Officers may elect, from the agreed date of operation of this clause, that is 12 June 2006, to work under the Flexible Work Arrangements pursuant to Clause 8.4.1, except for any work undertaken outside the standard bandwidth in which case the provisions of Clause 8.19.1, rather than Clause 8.7.3 or 8.7.4, will apply

 

9.  Work Outside Ordinary Working Hours

 

9.1      Work Outside Ordinary Hours for Education Officers, Senior Education Officers, Grade 1 and Senior Education Officers, Grade 2.

 

9.1.1   The parties agree that Officers directed to work outside ordinary working hours shall be entitled to excess hours and compensatory leave provisions under this clause.

 

9.1.2   For the purpose of calculating excess hours and compensatory leave the bandwidth hours for work:

 

(a)       directed by the Chief Executive Officer  or delegate shall be 7.30 am to 6.00pm

 

(b)       undertaken at the officer’s own initiative and with the approval of the Chief Executive Officer  or delegate shall be, except for Field Officers, 7.00 am to 7.00pm

 

(c)       performed by Field Officers at the officers own initiative and approved by the Chief Executive Officer or delegate shall be 7.30 am to 6.00 pm

 

9.1.3   In the absence of flexible working hours the ordinary hours of work shall be 35 hours per week, Monday to Friday.

 

9.1.4   Officers involved in meetings with NESA Curriculum Committees, Working Parties, focus teams, etc., may, where there is agreement with the other parties involved, organise teleconferences or electronic exchange. Such meetings or representation arranged as teleconferences or as an electronic exchange may, where possible, also be arranged to minimise the additional hours required to be worked by officers outside bandwidth working hours.

 

9.2      Compensatory Leave

 

9.2.1   Compensatory leave shall be taken:

 

(a)       as soon as practicable following its accrual:

 

(b)       recognising that out of school hours and school vacations provide the most practicable opportunities;

 

(c)       in multiples of a quarter day only;

 

(d)       within three months of the date of working the excess hours, unless the excess hours worked are banked within the cumulative balance limit and carried forward subject to paragraphs 9.2.2, 9.2.3 and 9.2.4 of this subclause;

 

and provided further that:

 

(i)       compensatory leave for weekend duty performed may be accrued and added to the cumulative balance of excess hours accrual;

 

(ii)      compensatory leave for duty on public holidays may be accrued and added to annual leave credits and, upon termination, will be regarded as recreation leave for the purposes of the Government Sector Employment Regulation 2014 and the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009; or its successor or as amended from time to time.

 

(iii)     an officer must take all compensatory leave granted prior to the last day of service of his/her period of permanent appointment, secondment, temporary appointment or temporary employment.

 

9.2.2   Compensatory leave may be accrued up to a cumulative balance limit of five days, in any period of three months, in recognition of work performed outside bandwidth hours with the exception of Field Officers. Field Officers shall have a cumulative balance limit of 20 days at any point in time in recognition of work performed outside bandwidth working hours.

 

9.2.3   Compensatory leave accrued in a calendar year must be taken by January 31 of the following calendar year.

 

9.2.4   Subject to subclause 9.3 of this clause, leave accumulated above the limit in paragraph 9.2.2 of this subclause or not taken by the date in paragraph 9.2.3 of this subclause, will be forfeited, unless the Officer acts on a direction by the Chief Executive Officer to take, at such time as is convenient to the working of the NESA, the excess compensatory leave accrued. As far as practicable, the wishes of the Officer concerned will be taken into consideration in directing the time for the taking of that excess compensatory leave.

 

9.2.5   Officers will have ready access to cumulative balances of accrued compensatory leave to ensure they are appropriately notified of any impending forfeiture.

 

9.2.6   Compensatory leave may only be granted to Officers whose salary or salary and allowances in the nature of salary are not in excess of the salary classification rate prescribed as the maximum rate for Senior Education Officer, Grade 2, and as varied from time to time.

 

9.3      Calculation of and Payment in Lieu of Compensatory Leave

 

9.3.1   Where the regularity of the demands of School Certificate and Higher School Certificate examination paper setting and marking program or where it is impracticable for the compensatory leave to be taken, the Chief Executive Officer shall:

 

(a)       allow the compensatory leave to continue to accumulate beyond the limit in paragraph 9.2.2 of subclause 9.2 of this clause; or

 

(b)       subject to paragraphs 9.3.2 and 9.3.3 of this subclause, authorise payment in lieu of compensatory leave.

 

9.3.2   Calculation of compensatory leave or payment in lieu of compensatory leave shall be undertaken and paid by the following method:

 

(a)       for all excess hours worked before or after the applicable bandwidth hours at the rate of time and one half for the first two hours and at the rate of double time thereafter;

 

(b)       for all excess hours worked on Saturday at the rate of time and one-half for the first two hours and at the rate of double time thereafter;

 

(c)       for all excess hours worked on Sunday at the rate of double time;

 

(d)       for all excess hours worked on public holidays which would normally be a working day at the rate of time and one-half in addition to salary;

 

(e)       for all excess hours worked on public holidays which would not normally be a working day at the rate of double time and a half.

 

Provided that

 

(i)       meal times shall not be included in the calculation of excess hours;

 

(ii)      if an Officer is absent from duty on any working day during any week in which excess hours have been worked by him/her, the time so lost may be deducted from the total amount of excess hours worked by him/her during the week unless he/she is granted leave of absence on recreation or on account of illness or unless, in the opinion of the Chief Executive Officer, his/her absence has been caused by circumstances beyond his/her control; and

 

(iii)     an officer who works excess hours on Saturdays, Sundays or public holidays shall:

 

(a)       if payment is made in lieu of compensatory leave, be paid a minimum payment as though he/she has worked for three hours which shall be calculated according to the method as set out in paragraph 9.3.3 of this subclause and at the appropriate rate prescribed herein;

 

(b)       be credited with compensatory leave as though he/she has worked minimum of three hours which shall be calculated according to the method as set out in the said paragraph 9.3.3 and at the appropriate rate prescribed herein.

 

9.3.3

 

(a)       Payment in lieu of compensatory leave for excess hours worked shall not be paid for:

 

(i)       periods of less than one-quarter of an hour;

 

(ii)      time spent travelling, as the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its successor or as amended from time to time.

 

(iii)     periods of excess hours which exceed 35 hours (or 5 days) of accrued time. The entitlement of Field Officers is unaffected by the provision of this subclause.

 

(b)

 

(i)       The formula for the calculation of payment for excess hours at ordinary rates shall be:

 

Annual Salary	x	5	x	1
1		260.8929		35 hours

 

(ii)      To determine time and one-half or double time rates or double time and one-half rates, an hourly rate at ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated to the nearest cent.

 

(c)       The annual salary for the purpose of the calculation in this paragraph is the Officer’s annual salary or the maximum rate for Senior Education Officer, Grade 2, whichever is the lower.

 

(d)       In exceptional circumstances, the Chief Executive Officer may approve of the payment in lieu or compensatory leave for excess hours worked in the case of Officers for whom compensation is specifically elsewhere provided for, or who are paid an allowance for overtime or excess hours or whose salary is fixed as inclusive of overtime or excess hours, or those otherwise rendered ineligible by this award.

 

9.3.4   Meal Allowances

 

(a)       An allowance for the meal 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 provided the Chief Executive Officer  is satisfied that:

 

(i)       the performance of the work concerned at the time at which it was performed was necessary;

 

(ii)      the Officer incurred expenditure in obtaining the meal in respect of which the allowance is sought;

 

(iii) where the Officer was able to cease duty for at least 30 minutes before or during the working of excess hours to take the meal, and the officer did so.

 

(b)       An Officer who complies with the provisions of this clause, whether entitled to compensation for excess hours or not, shall be paid the relevant allowance prescribed pursuant to subparagraph 9.3.4(a).

 

(c)       Where an allowance under this paragraph is insufficient to adequately reimburse the Officer for expenses properly and reasonably incurred, a further allowance may be paid so as to reimburse the Officer for the additional expenses incurred.

 

(d)       Where an Officer working flexible hours is required to work excess hours on weekdays beyond 6.00pm and until or beyond 8 hours after commencing duty, plus the time taken for lunch, the Officer shall be allowed 30 minutes for a meal and, thereafter, 30 minutes for a meal after every five hours of overtime worked.

 

10.  Consultation

 

10.1    A joint consultative committee with Federation/NESA representatives will operate to deal with a range of matters affecting working conditions including but not limited to technological change and training and development. The committee will meet at mutually agreed times.

 

11.  Training and Development

 

11.1    The NESA will consult with the Federation in reviewing the NESA’s training and development activities which are designed to assist officers to refresh their knowledge and understanding of contemporary school settings.  This consultation will include:

 

(a)       identifying the most successful training and development activities and improving them where necessary;

 

(b)      checking that they are available and accessible to all officers.

 

This process will serve to adjust the existing program as appropriate in consultation with the Federation.

 

11.2    The existing program is designed to assist Officers to refresh their knowledge and understanding of contemporary school settings.  In addition to the intrinsic benefits that such professional development provides to all officers, these activities may assist the re-entry and re-orientation of Officers on secondment or temporarily employed returning to schools. These activities will be made available to all Officers over the life of this award as part of a program of training and development where this is agreed between the Office and the individual Officer. The NESA also recognises that, where possible, Officers on secondment or temporarily employed should have opportunities to take part in school-based activities related to the Officer’s work at the NESA.

 

11.3    Where Officers are required to undertake a professional development opportunity designated as an agency priority by the NESA, the Officer will be considered to be on duty and all compulsory fees will be met by the NESA.

 

11.4    Where the professional development opportunity is an approved training and development activity and is voluntarily undertaken, the Officer may undertake the course in his/her own time, to the extent that it is outside ordinary working hours, and meet any fees unless the NESA exercises its discretion to refund all or part of these fees. The provisions of clause 9, Work Outside Ordinary Working Hours, shall not apply in respect of this subclause.

 

12.  Performance Appraisal

 

12.1    The performance appraisal process for Officers will be negotiated between the parties to address three objectives and will:

 

12.1.1 ensure that Officers engage in an appraisal process designed to improve the quality of their work and to focus it on the NESA’s corporate objectives;

 

12.1.2 provide work reports to Officers;

 

12.1.3 assist Officers whose performance is causing concern.

 

12.2    The performance appraisal process will be centred on the following principles:

 

12.2.1 The work of the NESA is centred on assisting teaching and learning. The structures for improvement of the quality of teaching and learning should therefore be consistent with what is generally regarded as best practice in the field

 

12.2.2 The improvement of curriculum development, examination, assessment and credentialing practices requires ongoing professional development. Education professionals learn best in collegial contexts, so structures for improvement will be based on that concept.

 

12.2.3 The performance appraisal process will be negotiated at the supervisory level and will focus on improving performance by facilitating learning and change in a collegial way.

 

12.2.4 Officers will participate in forms of collegial practice to improve the quality and focus of their work through discussion about, and observation of, curriculum, examination, assessment and credentialing practice in a supportive and developmental environment.

 

12.2.5 Training will be provided to address the agreed needs of individual Officers and groups of Officers, taking into account the Officer as an individual professional, as a member of a team working within the framework of the NESA’s policies and practices, and as a valued professional within the government and non-government school education system within New South Wales.

 

13.  Technology

 

13.1    The NESA is committed to consulting with the Federation over any proposal for or use of new or upgraded technology as it directly affects the teaching service staff encompassed by this award.  In this context, the parties are committed to the following principles:

 

13.1.1 Consultation will occur at the planning, development, implementation and post implementation phases of the introduction and use of new or significantly upgraded technology;

 

13.1.2 New or upgraded technology will be accompanied by appropriate training or retraining for staff and will be regarded as a Training and Development system priority;

 

13.1.3 New or upgraded technology will comply with the NESA’s Work Health and Safety obligations;

 

13.1.4 If the introduction of new or upgraded technology leads to material changes to the work organisation or duties of a particular role or position, then the parties agree to consult on the impact of the changes.

 

 

14.  Dispute Resolution Procedures for the Parties

 

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

 

14.1.1 Should any dispute, (including a question or difficulty) arise as to matters occurring in a particular workplace the Officer and/or Federation workplace representative shall raise the matter with the relevant Branch Manager or Director as soon as practicable.

 

14.1.2 The relevant Branch Manager or Director will discuss the matter with the Officer and/or Federation’s workplace representative within two working days with a view to resolving the matter or negotiating an agreed method and timeframe for proceeding.

 

14.1.3 Should the above procedure be unsuccessful in producing a resolution of the dispute or should the matter be an agency-wide nature, the individual Officer or the Federation may raise the matter with the Chief Executive Officer’s delegate with a view to resolving the dispute, or negotiating an agreed method and timeframe for proceeding.

 

14.1.4 Where the procedures in paragraph 14.1.3 of this subclause do not lead to resolution of the dispute, the matter will be referred to the Chief Executive Officer and the General Secretary of the Federation. They or their nominees shall discuss the dispute, with a view to resolving the matter or by negotiating an agreed method and timeframe for proceeding.

 

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

 

15.  Duties as Directed

 

15.1    The Chief Executive Officer may direct an Officer to carry out such duties as are within the limits of the Officer’s skill, competence and training, consistent with the classifications covered by this award, provided that such duties are not designed to promote de-skilling. Such duties may include transfer to a role different to that for which the officer may have been recruited.

 

15.2    The Chief Executive Officer may direct an Officer to carry out such duties and use such tools, materials and equipment as may be required, provided that the Officer has been properly trained in the use of such tools, materials and equipment.

 

15.3    When an officer undertakes duties using online or other electronic means for content management purposes such purposes would comprise for:

 

15.3.1 curriculum officers : drafting or amending syllabus and curriculum support documents;

 

15.3.2 test development and assessment officers : examination specifications and other assessment resource materials;

 

15.3.3 policy and public affairs officers : NESA policies, rules and public relations and event material.

 

15.4    Any directions issued by the Chief Executive Officer shall be consistent with the Chief Executive Officer’s responsibility to provide a safe and healthy working environment and pursuant to the provisions of clause 13 of this award.

 

16.  Personal\Carer’s Leave

 

16.1    The entitlement to leave in accordance with this clause is subject to:

 

16.1.1 the Officer being responsible for the care and support of the person concerned; and

 

16.1.2 the person concerned being:

 

(a)       a spouse of the Officer; or

 

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

 

(c)       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 and legal guardian), grandparent, grandchild or sibling of the Officer or of spouse or de facto spouse of the Officer; or

 

(d)       a same sex partner who lives with the Officer as the de facto partner of that Officer on a bona fide domestic basis; or a relative of the Officer 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.

 

16.2    Use of Family and Community Service Leave to Care for a Family Member

 

16.2.1 The Chief Executive Officer shall, in the case of emergencies or in unplanned personal or domestic circumstances, grant to an Officer some or all of the available family and community service leave on full pay.

 

16.2.2 Such cases may include but are not to be limited to the following:

 

(a)       compassionate grounds-such as the death or illness of a close member of the family or a member of the Officer’s household;

 

(b)       accommodation matters to one day-such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

(c)       emergency or weather conditions such as when flood, fire or snow etc. threaten property and/or prevent an Officer from reporting for duty;

 

(d)       other personal circumstances such as citizenship ceremonies, parent/teacher interviews or attending child’s school for other reasons.

 

16.2.3 Attendance at court by an Officer to answer a charge for a criminal offence if the Chief Executive Officer considers the granting of family and community service leave to be appropriate in a particular case.

 

16.2.4 Staff members who are selected to represent Australia or the State as competitors in major amateur sport (other than Olympic or Commonwealth Games).

 

16.2.5 Officers who hold office in Local Government other than as a Mayor of a Municipal Council, Chief Executive Officer of a Shire Council or Chairperson of a County Council, to attend meetings, conferences or other duties associated with that office where those duties necessitate absence during normal working hours.

 

16.2.6 Family and community service leave on full pay which may, subject to this award, be granted to an Officer shall be as follows:

 

(a)       Two and a half of the Officer’s working days in the first year of service.  Two and a half days in the officer’s second year of service and one day per year thereafter.

 

(b)       If available family and community leave is exhausted as a result of natural disasters, the Chief Executive Officer shall consider applications for additional family and community service leave, if some other emergency arises. On the death of a person as defined in clause 16.1, additional paid family and community service leave of up to two days may be granted on a discrete, per occasion basis to an Officer.

 

(c)       In cases of illness of a family member for whose care and support the Officer is responsible, paid sick leave in accordance with subclause 16.3 of this clause, shall be granted when paid family and community service leave has been exhausted.

 

16.3    Use of Sick Leave to Care for a Family Member.  When family and community service leave is exhausted, an Officer with responsibilities in relation to a category of person as set out in subclause 16.1 of this clause, who needs the Officer’s care and support, may elect to use available paid sick leave, subject to the conditions specified in this subclause, to provide such care and support when a family member is ill.

 

16.3.1 An Officer with responsibilities in relation to a person who needs their care and support shall be entitled to use sick leave available from that year’s annual sick leave entitlement minus any sick leave taken from that year’s entitlement to provide care and support for such persons when they are ill.

 

16.3.2 Sick leave accumulates from year to year.  In addition to the current year’s grant of sick leave available under sub clause 16.3.1 sick leave accrued from the previous three years including that accrued and referred to in clause 7, Appointment and Mobility Provisions, may also be accessed by an Officer with responsibilities in relation to a person who needs their care and support.

 

16.3.3 The Chief Executive Officer may, in special circumstances, make a grant of additional sick leave. This grant can only be taken from sick leave accrued prior to the period referred to in 16.3.2 of this subclause.

 

16.3.4 The Officers shall, if required, 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.

 

16.3.5 The Officer has the right to choose the method by which the ground for leave is established, that is, by production of either a medical certificate or statutory declaration.

 

16.3.6 The Officer is not required to state the exact nature of the relevant illness on either a medical certificate or statutory declaration.

 

16.3.7 The Officer shall, wherever practicable, give the Chief Executive Officer notice prior to the absence of the intention to take leave, the name of the person requiring care and the person’s relationship to the Officer, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the Officer to give prior notice of absence, the Officer shall notify his/her manager by telephone of such absence at the first opportunity on the day of absence.

 

16.3.8 In normal circumstances, the Officer must not take leave under this subclause where another person has taken leave to care for the same person.

 

16.4    Compassionate Leave

 

16.4.1 For the purpose of providing care and support for a person in accordance with this clause an Officer may elect with the consent of his/her manager to take compensatory leave at a time or times agreed with the manager.

 

16.4.2 Compensatory leave taken as time off during ordinary working hours shall be taken at the ordinary working hours rate, that is an hour for each hour worked.

 

16.4.3 If having elected to take time as leave in accordance with paragraph 16.4.1 of this subclause and the leave is not taken for whatever reason the provisions of clause 9, Work Outside the Ordinary Hours of Work shall apply.

 

16.4.4 When applying the provisions of the said clause 9 in accordance with paragraph 16.4.3 of this subclause, the untaken leave shall be preserved for a period of 12 months before the forfeiture provisions of paragraph 9.2.4 of subclause 9.2 of clause 9, or the payment in lieu provisions of subclause 9.3 of clause 9 will apply.

 

16.5    Use of Make-up Time

 

16.5.1 An Officer may elect, with the consent of the Chief Executive Officer, to work "make-up time". "Make-up Time" is worked when the Officer takes time off during ordinary working hours, and works those hours at a later time, during the spread of ordinary working hours, at the ordinary working hours rate of pay.

 

16.6    Use of Other Leave Entitlement

 

16.6.1 The Chief Executive Officer may grant an Officer other leave entitlements for reasons related to family responsibilities of, or community service by, the Officer. An Officer may elect, with the consent of the Chief Executive Officer, to take:

 

(a)       recreation leave;

 

(b)       extended leave; and

 

(c)       leave without pay.

 

17.  Work Health and Safety

 

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

 

(a)       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 at 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.

 

(b)      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.

 

17.2    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):

 

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

 

(b)      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;

 

(c)       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

 

(d)      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.

 

17.3    Nothing in this clause 17 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.

 

17.4    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.

 

17.5    This clause operates from 1 March 2006.

 

18.  Anti-Discrimination

 

18.1    It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

18.2    It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

18.3    Under the Anti-Discrimination Act 1977, it is unlawful to victimise an officer because the officer has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

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

 

(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.

 

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

 

NOTES -

 

(a)       Employers and employees 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."

 

 

19.  No Further Claims

 

19.1    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.

 

20.  Area, Incidence and Duration

 

20.1    The department for which this award is made is the NSW Education Standards Authority.  The Award covers all persons employed on an ongoing basis, seconded or temporarily employed by the NESA in the classifications of Chief Education Officer, Principal Education Officer, Senior Education Officer and Education Officer.

 

20.2    This award rescinds and replaces the Crown Employees (Board of Studies, Teaching and Educational Standard - Education Officers) Salaries and Conditions Award 2017, published 5 May 2017 (381 IG 211).

 

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

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

Chief Education Officer - Grade 1

 

Grade 1	2.5% From the first pay period to commence on or after 1/1/2020 $	2.27% From the first pay period to commence on or after 1/1/2021 $	2.04% From the first pay period to commence on or after 1/1/2022 $	4% From the first pay period to commence on or after 1/1/2023 $
Level 1	163,727	167,444	170,860	177,694
Level 2	169,038	172,875	176,402	183,458
Level 3	174,355	178,313	181,951	189,229
Level 4	177,923	181,962	185,674	193,101
Level 5	181,887	186,016	189,811	197,403

 

Chief Education Officer - Grade 2

 

Grade 2	2.5% From the first pay period to commence on or after 1/1/2020 $	2.27% From the first pay period to commence on or after 1/1/2021 $	2.04% From the first pay period to commence on or after 1/1/2022 $	4% From the first pay period to commence on or after 1/1/2023 $
Single Salary Point	186,434	190,666	194,556	202,338

 

Principal Education Officer

 

	2.5% From the first pay period to commence on or after 1/1/2020 $	2.27% From the first pay period to commence on or after 1/1/2021 $	2.04% From the first pay period to commence on or after 1/1/2022 $	4% From the first pay period to commence on or after 1/1/2023 $
Single Salary Point	160,104	163,738	167,078	173,761

 

Senior Education Officer Grade 1

 

	2.5% From the first pay period to commence on or after 1/1/2020 $	2.27% From the first pay period to commence on or after 1/1/2021 $	2.04% From the first pay period to commence on or after 1/1/2022 $	4% From the first pay period to commence on or after 1/1/2023 $
Level 1	123,062	125,855	128,422	133,559
Level 2	138,439	141,582	144,470	150,249

 

Senior Education Officer Grade 2

 

	2.5% From the first pay period to commence on or after 1/1/2020 $	2.27% From the first pay period to commence on or after 1/1/2021 $	2.04% From the first pay period to commence on or after 1/1/2022 $	4% From the first pay period to commence on or after 1/1/2023 $
Single Salary Point	144,316	147,592	150,603	156,627

 

Education Officer AECG

 

	2.5% From the first pay period to commence on or after 1/1/2020 $	2.27% From the first pay period to commence on or after 1/1/2021 $	2.04% From the first pay period to commence on or after 1/1/2022 $	4% From the first pay period to commence on or after 1/1/2023 $
Level 1
1st year of service	89,690	91,726	93,597	97,341
Thereafter	92,519	94,619	96,549	100,411
Level 2
1st year of service	96,146	98,329	100,335	104,348
Thereafter	98,964	101,210	103,275	107,406
Level 3
1st year of service	101,926	104,240	106,366	110,621
Thereafter	104,982	107,365	109,555	113,937
Level 4
1st year of service	109,345	111,827	114,108	118,672
Thereafter	112,824	115,385	117,739	122,449

 

Allowances

 

Allowances and the rates paid for allowances will be as determined and adjusted from time to time 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.

 

 

 

E. ROBINSON,  Industrial Registrar

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.