Crown Employees (Sydney Opera House) Award 2024

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Industrial Relations Secretary.

 

(Case No. 212719 of 2024)

 

 

AWARD

 

Arrangement

 

Clause No.         Subject Matter

 

SECTION 1 - APPLICATION AND OPERATION

 

1.         Title

2.         Definitions

3.         Parties

4.         Coverage

5.         Area, Incidence and Duration

6.         No Extra Claims

 

SECTION 2 - TYPES OF EMPLOYMENT AND CLASSIFICATIONS

 

7.         Forms of Employment

8.         Full-time employment

9.         Part-time employment

10.       Casual employment

11.       Classifications

 

SECTION 3 - HOURS OF WORK

 

12.       Hours of work and flexible work hours arrangements

13.       Recording Hours of Work

14.       Breaks

 

SECTION 4 - SALARIES AND ALLOWANCES

 

15.       Salaries

16.       Allowances

17.       Superannuation

 

SECTION 5 - OVERTIME AND PENALTY RATES

 

18.       Overtime

19.       Sundays

20.       Public Holidays

 

SECTION 6 - LEAVE

 

21.       Leave - General

22.       Leave Entitlements

23.       Annual Leave Loading

SECTION 7 - OTHER CONDITIONS

 

24.       Travel Arrangements

25.       Training and Professional Development

 

SECTION 8 - WORK ENVIRONMENT

 

26.       Consultation

27.       Dispute Settlement Procedure

28.       Anti-discrimination

29.       Work health and safety

30.       Union Activities

31.       Secure Employment

 

SCHEDULE A - CLASSIFICATION DESCRIPTIONS

SCHEDULE B - CLASSIFICATION STRUCTURE AND RATES OF PAY

SCHEDULE C - ALLOWANCES AND EXPENSES

SCHEDULE D - APPLICATION OF CONDITIONS AWARD AND SALARY AWARD

 

SECTION 1 - APPLICATION AND OPERATION

 

1.  Title

 

This Award will be known as the Crown Employees (Sydney Opera House) Award 2024.

 

2.  Definitions

 

2.1.      Accumulated Work Time (AWT) means all time worked by an employee (except paid overtime) in the Settlement Period.

 

2.2.      Act means the Government Sector Employment Act 2013.

 

2.3.      Actual working hours are the pattern and span of hours that the employee and their manager have agreed that the Employee will work between Monday and Friday to meet ordinary weekly contract hours and individual, team and business requirements, and may include accumulated work time where meaningful work is available to be performed.

 

2.4.      Agency Head means for the purposes of this award the Chief Executive of the Sydney Opera House Trust Staff Agency as set out in Schedule 1, Part 2 of the Act, or their nominated delegate

 

2.5.      Bandwidth means the time period of 6:00am to 10:00pm Monday to Friday in which ordinary hours may be flexibly worked at ordinary rates of pay.

 

2.6.      Conditions Award means the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and its successor instruments.

 

2.7.      Contract business means a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit 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 other employer which might otherwise have been carried out by that other employer’s own employees.

 

2.8.      Contract Hours means the weekly hours an employee is required to work under their employment contract.

 

2.9.      Dependant means a person who lives in the principal place of residence of the employee and who is wholly or in part dependent on the employee for support; or a person who does not reside with the employee who is otherwise wholly or in part dependent on the employee for support.

 

2.10.    Employee means a non-executive public service employee who is employed under the Act as an ongoing employee, temporary employee or casual employee who is employed to work in the Sydney Opera House Trust Staff Agency to enable the Sydney Opera House Trust to exercise its functions and who is assigned to a role listed in clause 4.1 of this award or a newly created role in accordance with clause 4.2 of this award.

 

2.11.    Family Member means:

 

(a)        A spouse of the employee.

 

(b)        A de facto spouse is a person of the opposite or same sex to the employee who lives with the employee as the employee's partner on a bona fide domestic basis although not legally married to the employee.

 

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

 

(d)        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.

 

2.12.    Flexible Working Hours Credit means the Accumulated Work Time which exceeds the contract hours in a Settlement Period and includes any time carried over from any previous Settlement Periods.

 

2.13.    Flexible Working Hours Debit means the debit which arises when the Accrued Work Time in a settlement period, including approved leave taken during the Settlement Period and any carry over from the previous settlement period, are less than the contract hours for the Settlement Period.

 

2.14.    Flex leave means the period of leave that an employee may with the approval of the employee's manager absent themselves from work using Flexible Working Hours Credits in accordance with clause 12 of this award.

 

2.15.    Industrial Relations Secretary means the Industrial Relations Secretary as defined in s49 the Act.

 

2.16.    Commission means the Industrial Relations Commission of New South Wales.

 

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

 

2.18.    Ongoing employee means a full-time or part-time employee whose employment continues until the employee resigns or has his or her employment terminated as defined in the Act.

 

2.19.    Public Holiday means a day declared under Part 2 of the Public Holidays Act 2010, as a public holiday.

 

2.20.    Salaries Award means the Crown Employees (Public Sector - Salaries 2022) Award and its successor instruments.

 

2.21.    Settlement Period means the period of 12 consecutive weeks during which eligible employees may flexibly work their hours in accordance with this Award. The first Settlement Period commences on the commencement of this award.

 

2.22.    SOH means Sydney Opera House Trust Staff Agency as set out in Schedule 1, Part 2 of the Act.

 

2.23.    Sydney Opera House Enterprise Agreement means the Sydney Opera House Enterprise Agreement 2022-2024 (and its successor instruments).

 

2.24.    Temporary employee means a full-time or part-time employee who is engaged for a temporary purpose in accordance with the Act and the Government Sector Employment (General) Rules 2014.

 

2.25.    Union means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

3.  Parties

 

Parties to this Award are:

 

3.1.      Industrial Relations Secretary,

 

3.2.      The SOH, and,

 

3.3.      The Union.

 

4.  Coverage

 

4.1.      The provisions of this Award apply to Employees who are assigned to the following roles the descriptions of which are in Schedule A:

 

(a)        Executive Team Assistant

 

(b)        Recruitment Coordinator

 

(c)        Recruitment Administrator

 

(d)        Coordinator Government Policy & Heritage

 

(e)        Government Relations Officer

 

(f)        Information Analyst

 

(g)        Records Management Specialist

 

(h)        Procurement Officer

 

(i)         Financial Accountant Operations

 

(j)         Financial Accountant & IPOS Operations Support

 

(k)        Financial Accountant

 

(l)         Graduate Accountant

 

(m)      Payroll Officer.

 

4.2.      This award will also apply to non-executive public service employees who are employed under the Act to enable the Sydney Opera House Trust to exercise its functions and who are assigned to newly created roles that perform the same or substantially equivalent duties as the role classifications listed in clause 4.1 or described in Schedule A of this Award.

 

4.3.      Subject to clause 4.4, this award will apply to the exclusion of the Conditions Award and the Salaries Award.

 

4.4.      The clauses of the Conditions Award and clauses of the Salaries Award listed in Schedule D of this award, and any subsequent and equivalent clauses in their successor instruments, apply to the Employees covered by this award as if those clauses were clauses of this award.

 

4.5.      This award does not apply to any public service employee who is employed under the Act to enable the Sydney Opera House Trust to exercise its functions, other than when assigned to a non-executive role specifically identified in clause 4.1 or newly created in accordance with clause 4.2. This includes public service non-executive employees to whom the Sydney Opera House Enterprise Agreement applies or who are Public Service Senior Executives as defined in the Act.

 

4.6.      An Employee covered by this award (or its successors) is not covered by the Sydney Opera House Enterprise Agreement.

 

5.  Area, Incidence and Duration

 

5.1.      The provisions of this award will apply to Employees in accordance with clause 4.

 

5.2.      This Award will commence on 23 August 2024 and will remain in force for 2 years.

 

5.3.      This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

6.  No Extra Claims

 

Other than as provided for in the Industrial Relations Act 1996 there will be no further claims, demands or proceedings instituted before the Industrial Relations Commission of NSW for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the award that take effect during the nominal term of this award.

 

SECTION 2 - TYPES OF EMPLOYMENT AND CLASSIFICATIONS

 

7.  Forms of Employment

 

An Employee can be employed in ongoing employment (full time or part time); temporary employment (full-time or part time); or casual employment as defined in the Act.

 

8.  Full-Time Employment

 

A full-time employee will be engaged for 35 ordinary hours per week to be worked flexibly as a weekly average or in a set and regular pattern in accordance with clause 12.

 

9.  Part-Time Employment

 

9.1.      A part-time employee will be engaged to work less than 35 ordinary hours per week to be worked flexibly as a weekly average or in a set and regular pattern in accordance with clause 12.

 

9.2.      Part-time employees are paid the standard hourly rate for their classification and all entitlements are calculated on a pro rata basis.

 

9.3.      Hours of work will be mutually agreed between an Employee and their manager prior to commencement of the part-time employment to achieve the work plans, goals and service expectations of the position and preferences of the employee. The terms of this agreement must be in writing.

 

9.4.      The hours of work may be varied at any time, subject to the agreement of the manager and the Employee. Any variation must be in writing.

 

9.5.      Part-time employees are entitled to the same flexible working hours arrangements that apply to full-time employees.

 

9.6.      Part-time employees may mutually agree to work additional hours in excess of their contracted ordinary hours, up to 35 hours per week. The part-time employee may choose for these additional hours to be paid at ordinary rates plus a loading of 4/48ths in lieu of recreation leave, with additional leave entitlements accrued on an hourly basis, or to credit these hours as Accumulated Work Time.

 

9.7.      For time worked in excess of the full-time hours, or outside the Bandwidth, payment will be made at the appropriate overtime rate in accordance with clause 18 of this award.

 

10.  Casual Employment

 

10.1.    Casual employees are engaged and paid on an hourly basis.

 

10.2.    Casual employees will be engaged and paid for a minimum of 3 consecutive hours for each day worked.

 

10.3.    Casual employees may work up to 10 consecutive hours each day (exclusive of unpaid meal breaks) at ordinary rates of pay between the bandwidth hours of 6:00am to 10:00pm Monday to Friday.

 

10.4.    Rate of Pay

 

10.4.1.             The ordinary hourly rate of pay for casual employees is derived by dividing the full-time annual salary of an employee in the same role classification by 52.17857, and dividing this amount by the 35 ordinary weekly hours that apply to a full-time employee in the same role classification.

 

10.4.2.             Casual employees will be paid a loading on the appropriate ordinary hourly rate of 15% in addition to their rate of pay, in recognition of the casual nature of employment and to compensate the employee for all leave, other than annual leave and long service leave, and all incidence of employment, except overtime.

 

10.4.3.             Casual employees are also entitled to receive a 1/12th loading in lieu of annual leave.

 

10.5.    Casual employees are not entitled to the conditions in clause 12.

 

10.6.    Casual employees will be paid overtime in accordance with clause 18 of this award when directed to work:

 

10.6.1.             in excess of 10 consecutive ordinary hours per day (exclusive of unpaid meal breaks) from Monday to Friday; or

 

10.6.2.             prior to 6:00am or after 10:00pm Monday to Friday; or

 

10.6.3.             on a Saturday, Sunday or Public Holiday.

 

10.7.    Leave -

 

10.7.1.             Other than provided for in this clause, casual employees are not entitled to any other forms of paid or unpaid leave.

 

10.7.2.             Casual employees are entitled to long service leave in accordance with the provisions of the Long Service Leave Act 1955.

 

10.7.3.             Casual employees are entitled to unpaid parental leave under chapter 2, Part 4, Division 1, Section 54 of the Industrial Relations Act 1996. The Agency Head must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this subclause. The rights of the Agency Head to engage or not to engage a casual employee are otherwise not affected.

 

10.7.4.             Personal Carers entitlement for casual employees -

 

(a)        Casual 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 the evidentiary and notice requirements set out in this subclause.

 

(b)        The casual employee must notify their manager of their inability to attend work or remain on duty as soon as reasonably practicable, and no later than 24 hours after commencing their absence.

 

(c)        The Agency Head and casual employee will agree the period of unavailability for work. Where agreement is not reached, the casual employee is entitled to be unavailable for up to 48 hours on each occasion. The casual employee will not be entitled to payment during these periods.

 

(d)        Where requested by the Agency Head, the casual employee will provide evidence in support of their unavailability for work. This will include a medical certificate or statutory declaration where related to the illness of a Family Member, or a statutory declaration or other evidence acceptable to the Agency Head where related to an emergency. In all circumstances, the evidence must establish that the medical or other unexpected emergency has occurred which resulted in the Family Member requiring the care of the employee.

 

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

 

(f)        The Agency Head must not fail to re-engage a casual employee because they have accessed entitlements in this clause. The rights of the Agency Head to engage or not to engage a casual employee are otherwise not affected.

 

10.7.5.             Bereavement entitlements for casual employees -

 

(a)        Casual 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 Agency Head).

 

(b)        The casual employee must notify their manager of their inability to attend work or remain on duty as soon as reasonably practicable, and no later than 24 hours after commencing their absence.

 

(c)        The Agency Head and casual employee will agree the period of unavailability for work. Where agreement is not reached, the casual employee may be unavailable for up to 48 hours on each occasion. The casual employee will not be entitled to payment during these periods.

 

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

 

10.7.6.             Leave for Matters arising from Domestic and Family Violence

 

(a)        Paid domestic and family violence leave provided in clause 22 of this award is not pro-rata for casual employees.

 

(b)        Casual employees will be paid at their full rate of pay for the hours they were rostered for and would have worked had they not taken the leave. For the purposes of this clause, "rostered" means the employer has offered specific hours of work and the casual employee has accepted that offer.

 

11.  Classifications

 

11.1.    All Employees assigned to the roles listed in clause 4.1 and 4.2 of this award will be employed in one of the four grades identified in Table 1 of Schedule B.

 

11.2.    The applicable grade of any newly created or varied role covered by this award will be determined by evaluating the relevant role description to determine its relative work value points using the Mercer Cullen Egan Dell (CED) job evaluation system, and by referencing the CED work value points applicable to each grade in Table 1 of Schedule B of this award.

 

11.3.    Upon commencement of this award, the grade and salary pay points applying to the role classifications listed in clause 4.1 of this award are set out below.

 

Grade	Salary pay point	Role classification
Grade 4	Pay point 3	Information Analyst
Grade 3	Pay point 1	Procurement Officer Financial Accountant Operations
Grade 2	Pay Point 8	Financial Accountant & IPOS Operations Support Executive Team Assistant Government Relations Officer Records Management Specialist
	Pay point 7	Payroll Officer
	Pay point 6	Financial Accountant
	Pay Point 4	Recruitment Coordinator
	Pay point 2	Coordinator, Government Policy & Heritage
Grade 1	Pay point 6	Recruitment Administrator
	Pay point 6	Graduate Accountant

 

11.4.    The grade and salary pay point that will apply to any newly created or varied non-executive role covered by this award will be determined in accordance with clause 15.4 of this award.

 

SECTION 3 - HOURS OF WORK

 

12.  Hours of Work and Flexible Work Hours Arrangements

 

12.1.    Due to the nature of the SOH’s business, all Employees may work a variable pattern and number of hours, which may be of an extended duration or outside normal business hours.

 

12.2.    Flexible working arrangements - full-time and part-time employees may work their Contract Hours in accordance with the following flexible working arrangements:

 

12.2.1.             Contract Hours may be flexibly worked between 6:00am and 10:00pm Monday to Friday to achieve the agreed work plans and goals of the Employee’s role and to accommodate their personal commitments or working hour preferences.

 

12.2.2.             Hours worked prior to 6:00am or after 10:00pm on a weekday (Monday to Friday inclusive) will be paid as overtime in accordance with clause 18 of this Award.

 

12.2.3.             An Employee’s Actual Working Hours will be determined by mutual agreement between the Employee and their manager upon commencement in their role.

 

12.2.4.             An Employee’s Actual Working Hours may only be varied by mutual agreement in response to changes in operational requirements which may include where there is a change in the Employee’s Contract Hours and the personal needs of the Employee.

12.2.5.             Flexible working hours arrangements do not apply to casual employees whose working hours will be established in accordance with clause 10 of this award.

 

12.3.    Contract hours and settlement period -

 

12.3.1.             The contract hours of full-time or part-time employees may be balanced and flexibly worked across the Settlement Period in accordance with the flexible working arrangements in this award.

 

12.3.2.             A full-time employee’s Contract Hours in each Settlement Period is 420 hours.

 

12.3.3.             A part-time employee has a prorated amount of Contract Hours calculated on the basis of their weekly contracted hours multiplied by the 12 weeks in the Settlement period.

 

12.3.4.             For an Employee who commences or ceases employment during a Settlement Period, clauses 12.3.1, 12.3.2, 12.3.3, 12.6.3, 12.6.6, 12.7 12.7.1 and 12.7.2 will operate on a pro rata basis for the duration of the settlement period in which they commence or cease employment.

 

12.4.    Daily ordinary hours -

 

12.4.1.             Full-time and part-time employees may work up to 10 ordinary hours per day (not including unpaid meal breaks) at ordinary rates of pay in accordance with flexible working arrangements in this award.

 

12.4.2.             Hours that are worked in excess of 10 ordinary hours per day will be paid as overtime in accordance with clause 18 of this award.

 

12.5.    Meal and lactation breaks - an employee may schedule and take meal and lactation breaks in accordance with clause 14 of this award.

 

12.6.    Accumulation of work time and taking of flex leave -

 

12.6.1.             All time worked by an Employee during the settlement period, except lunch and meal breaks and paid overtime, will count towards the employee's Accumulated Work Time if the work is available to be performed.

 

12.6.2.             Prior approval is not required to accumulate work time where consistent with the Actual Working Hours agreed in accordance with clause 12.2.3, however these hours must be regularly recorded and monitored by the employee and their manager.

 

12.6.3.             The SOH can approve the accumulation of work time that is not consistent with the agreed Actual Working Hours, before these hours are worked, if work is available to be performed.

 

12.6.4.             The SOH can approve the accumulation of work time that is not consistent with the agreed Actual Working Hours after these hours have been worked, if reasonably satisfied that it was not reasonably practical for the Employee to seek approval prior to the working of these hours and work was available to be performed.

 

12.6.5.             Where an Employee has accrued 8 weeks recreation leave, unless otherwise authorised by their manager, flex leave can only be taken where recreation leave has been applied for and approved.  If, however, recreation leave has been applied for and declined or not actioned by the manager, access to flex leave is still available.

 

12.6.6.             Full-time employees are entitled to accumulate and take up to 42 hours (6 days) of Flexible Working Hours Credits as flex-leave in each 12 week settlement period.

 

12.6.7.             Part-time employees will have a pro-rated entitlement to flex-leave, based on their full-time equivalent contract hours.

 

12.6.8.             Managers and Employees will work together to ensure that Employees do not accumulate more than 42 credit hours in a settlement period.

 

12.6.9.             Employees will be encouraged to take a minimum of 21 hours (3 days) flex leave within the Settlement Period in which the hours are accumulated.

 

12.7.    Carrying forward hours between settlement periods:

 

12.7.1.             At the end of each Settlement Period, a full-time employee is entitled to carry forward:

 

(a)        Flexible Working Hours Credit balance of up to 42 hours (6 days); and

 

(b)        Flexible Working Hours Debit balance of up to 14 hours (2 days).

 

12.7.2.             Approval may be granted for an Employee to carry forward Flexible Working Hours Credits in excess of the maximum of 42 hours (6 days) where there is satisfactory evidence that exceptional operational circumstances have prevented the Employee from taking sufficient flex-leave to ensure their Flexible Working Hours Credit balance remains within the maximum allowed under clause 12.7.1 this award. Any approval is at the discretion of the authorised delegate having regard to the circumstances and subject to:

 

(a)        A work plan being agreed to reduce these hours and avoid their forfeiture at the end of the next settlement period; and

 

(b)        The Employee’s recreation leave balance not exceeding 30 days.

 

12.7.3.             Any Flexible Working Hours Credits not used or carried forward at the end of the Settlement Period will be forfeited.

 

12.8.    Cashing out flex-leave -

 

12.8.1.             Where an Employee gives notice of resignation, retirement or transfer to another government department, the manager and employee during the period of notice will take reasonable steps towards eliminating any accumulated credit or debit hours. It is accepted that some credit or debit may not be addressed.

 

12.8.2.             On resignation or separation from SOH, the notice period may be increased by the number of flex days available to the Employee to ensure accumulated work time is reduced by the last day of duty, subject to agreement by the Employee.

 

12.8.3.             Where an Employee has an accumulation of debit hours at the completion of the last day of service, any accumulated recreation leave or monies owing to that employee will be used to offset the debit hours.

 

12.8.4.             Reasonable effort must be made to reduce credit hours as there will be no payment for any residual credit hours on the last day of duty.

 

12.8.5.             The Agency Head will facilitate the transfer of an Employee’s Flexible Working Hours Credits to an agency to which the Employee is transferring if requested by the Employee and accepted by that agency.

 

12.9.    Attendance and notification of absences

 

12.9.1.             SOH may vary an Employee’s hours of attendance on a one off, short-term or long term basis where an Employee is unable to comply with the Actual Working Hours agreed with their manager in accordance with clause 12.2 of this award due to transport disruptions, urgent personal reasons or community or family reasons. The variation of the Employee’s working hours must not adversely impact SOH operations, reduce hours worked, incur additional expense to the SOH, or reduce the employee’s lunch break to less than 30 minutes. Any long-term variation to Actual Working Hours must be made in accordance with clause 12.2.4 and must be documented 3. The Union will be consulted as appropriate where these changes impact the hours for the work area.

 

12.9.2.             An Employee who is prevented from attending work at a normal work location by a natural emergency or by a major transport disruption may apply to vary their working hours in accordance with clause 12.9.1, agree an alternative working arrangement or take available leave (family and community service leave, flex leave, recreation, extended leave or leave without pay) to cover the period concerned.

 

12.9.3.             An Employee is required to notify their manager as soon as possible of any absence from duty that has not previously been authorised. Where a reason for this absence if not provided or is unsatisfactory to the Agency Head, the period of absence may be deducted from the Employee’s pay.

 

12.10. Non-flexible hours of work arrangements

 

12.10.1.          SOH may require that an Employee not work flexible working hours in accordance with clause 12.2 of this award and instead work 35 ordinary hours each week between the hours of 7:30am to 6:00pm Monday to Friday in a set and regular pattern as determined by the Agency Head in accordance with the operational requirements of the SOH where:

 

(a)        an Employee and their manager have not mutually agreed the Actual Working Hours that the Employee will work in accordance with clause 12.2.3, or

 

(b)        SOH directs that that the flexible working hours arrangements being worked by the Employee will cease. A direction provided to an Employee under this subclause will require a minimum of 4-weeks’ notice and may only occur when SOH determines that a change in the Employee’s Actual Working Hours is required to meet its operational requirements; or where the Agency Head determines that the Employee is not observing the terms of clause 12 of this award.

 

12.10.2.          An Employee required to work the hours prescribed under clause 12.10.1 will be entitled to the payment of overtime at the applicable rate (or the accrual of leave in lieu of overtime) as set out in clause 18 of this award when directed to perform work before 7:30am, or after 6:00pm Monday to Friday, or outside the normal pattern of hours that they have been directed to work.

 

12.11. The Employees covered by this Award are not shift workers as defined in the Conditions Award.  In the future event that the Employees covered by this Award are required by the Agency Head to work shift work, the conditions as set out schedule D that relate to shift work will apply.

 

13.  Recording Hours of Work

 

Employees are required to observe and record their hours of work which they actually perform in the manner determined from time to time by the Agency Head.

 

14.  Breaks

 

14.1.    Meal Breaks -

 

14.1.1.             The scheduling and duration of meal breaks are subject to the operational requirements of the work unit, the needs of the Employee and the approval of the Employee’s manager.

 

14.1.2.             Any meal breaks taken during an Employee’s hours of work do not contribute towards Accumulated Work Time.

 

14.1.3.             For work health and safety reasons, a meal break of at least 30 minutes must be taken after no more than 5 hours of continuous work.

 

14.1.4.             Unless otherwise varied by agreement, a standard unpaid meal break is 1-hour duration.

 

14.1.5.             Where the Employee is not provided with this meal break, they will receive their ordinary rate of pay plus a penalty payment of 100% (or 150% on a public holiday) in lieu of any other applicable penalties from the expiry of the five hour period until an appropriate break is provided.

 

14.2.    Lactation Breaks -

 

14.2.1.             SOH will provide an Employee who is a lactating mother with a lactation break in addition to any applicable meal break provided in clause 14.1 for the purposes of breastfeeding, expressing milk or performing any other associated and necessary activity.

 

14.2.2.             A full-time employee or a part-time employee working more than 4 hours per day is entitled to a maximum of two paid lactation breaks of up to 30 minutes each per day.

 

14.2.3.             A part-time employee working 4 hours or less on any one day is entitled to only one paid lactation break of up to 30 minutes on any day so worked.

 

14.2.4.             An Employee and their manager may mutually agree a flexible approach to taking lactation breaks provided that the total lactation break time is not exceeded. The SOH will balance its operational requirements with the lactating needs of the employee.

 

14.2.5.             SOH will provide the lactating mother with access to a suitable, private space with comfortable seating for the purpose of breastfeeding or expressing milk, which will include other suitable facilities, where practicable, such as refrigeration and a sink. Where this is not practicable, the manager and Employee will attempt to identify reasonable alternative arrangements.

 

14.2.6.             Employees experiencing difficulties in effecting the transition from home-based breastfeeding to the workplace will have telephone access in paid time to a free breastfeeding consultative service, such as that provided by the Australian Breastfeeding Association's Breastfeeding Helpline Service or the Public Health System.

 

14.2.7.             Employees needing to leave the workplace during time normally required for duty to seek support or treatment in relation to breastfeeding and the transition to the workplace may utilise sick leave or flexible working hours scheme set out in clause 12 of this award.

 

SECTION 4 - SALARIES AND ALLOWANCES

 

15.  Salaries

 

15.1.    The salaries in Table 2 - Classifications and Salary Rates in Schedule B - Classification Structure & Rates of Pay set out the salaries which will be paid to Employees covered by this award. The full-time equivalent salary pay points in this table are not an incremental pay scale and employees are not entitled to increments.

 

15.2.    SOH will pay an Employee their salary fortnightly by electronic transfer to the employee’s nominated bank account.

 

15.3.    SOH will reimburse an Employee for any work-related expenses properly and reasonably incurred during the performance of duties.

 

15.4.    Where a substantial change is made to the accountabilities, responsibilities, skill and or capability requirements of an existing role (listed in clause 4.1 of this Award), or where a new non-executive role is created that performs the same or substantially equivalent duties as a role listed in clause 4.1 (as provided in clause 4.2 of this Award), the new or amended role will be:

 

15.4.1.             evaluated in accordance with NSW public service policy using the Mercer Cullen Egan Dell (CED) job evaluation system to determine its relative work value expressed in points;

 

15.4.2.             assigned a role grade as provided in Table 1 (Grade Structure) of Schedule B Classification Structure and Rates of Pay in this award by referencing the work value points that apply at each grade of this table.

 

15.4.3.             allocated a specific pay point within the remuneration range of the applicable grade to which the role has been assigned by:

 

(a)        establishing the indicative pay point based on the position of the evaluated work value points for the role as a percentage of the total work value points available in that range; and

 

(b)        where relevant, taking into consideration whether another pay point within the applicable remuneration range should more appropriately apply, having regard to such factors as an employee’s existing salary, internal pay relativities within a team and across the organisation, budget, other competitive market factors impacting attraction and retention, and any other factor the CEO or their delegate considers relevant.

 

15.5.    The salaries in this award will be adjusted in accordance with any variations to the Salaries Award or any new award replacing the Salaries Award, occurring on or after 1 July 2024.

 

16.  Allowances

 

16.1.    Employees will be paid allowances in accordance with the relevant subclauses of this clause, where applicable, and at the rates set out in Schedule C - Allowances and Expenses of this Award.  These rates will vary in accordance with the methods and operative dates set out in clause 16.4 Adjustment of Allowances of this award.

 

16.2.    Community Language Allowance Scheme (CLAS)

 

16.2.1.             A Community Language Allowance will be paid to qualified employees who:

 

(a)        have a current National Accreditation Authority for Translators and Interpreters (NAATI) qualification (including accreditation at interpreter level of above, or a NAATI-recognised award), or who have passed an examinations conducted by NAATI on behalf of the Multicultural NSW, and

 

(b)        are required by SOH to use their community language skills for the purposes of providing translation to people from Non English Speaking backgrounds (NESB) as an adjunct to their normal duties.

 

16.2.2.             The Community Language Allowance will be made at the rate provided for in Item 1 of Schedule C Allowances and Expenses of this award.  The allowance will be paid:

 

(a)        as an allowance in the nature of salary for all purposes;

 

(b)        on a pro-rata basis to part-time and casual employees; and

 

(c)        only once, regardless of the number of languages actually spoken.

 

16.2.3.             This allowance does not apply to employees who are employed in roles where language skills are an integral part of the essential requirements of the role.

 

16.3.    First Aid Allowance

 

16.3.1.             An employee who holds a St. John’s Ambulance Certificate or equivalent issued within the previous three years and is appointed by the SOH as a First Aid Officer, will be entitled to receive a First Aid Allowance as specified in this award upon presentation of the original certificate to SOH Payroll for verification. The SOH can approve the allowance if it is reasonably satisfied that the Employee holds a valid certificate.

 

16.3.2.             Full time employees will receive a fortnightly payment based on the full-time equivalent rate specified in Item 2 of Schedule C Allowances and Expenses of this award. Part-time and casual employees will receive a pro-rata of this amount based on the ordinary hours worked in each fortnight.

 

16.3.3.             The First Aid Allowance will not be paid during leave of one week or more.

 

16.3.4.             When the First Aid Officer is absent on leave for one week or more and another qualified employee is selected to relieve in the First Aid Officer's position, the employee will be paid a pro rata first aid allowance for assuming the duties of a First Aid Officer.

 

16.3.5.             An employee who is appointed as a First Aid Officer may be permitted to attend training during their normal hours of duty to obtain, or renew, a relevant first aid qualification. The cost of this training will be met by the SOH.

 

16.4.    Adjustment of Allowances - Allowances contained in this award shall be reviewed as follows:

 

16.4.1.             Allowances listed in this paragraph will be determined at a level consistent with the reasonable allowances amounts for the appropriate income year as published by the Australian Taxation Office (ATO):

 

(a)        Travelling Compensation and Meal Expenses on One Day Journeys as provided under clause 24 Travel Arrangements of this Award;

 

(b)        Overtime Meal Allowances, for breakfast, lunch and dinner as provided under clause 18.10 of this Award.

 

16.4.2.             Allowances payable in terms of clauses listed in this paragraph will vary in accordance with the same variations and operative dates that apply to the Crown Employees (Public Sector - Salaries 2018) Award or any replacement Award:

 

(a)        Clause 16.2, Community Language Allowance Scheme (CLAS); and

 

(b)        Clause 16.3, First Aid Allowance.

 

17.  Superannuation

 

17.1.    SOH will make any compulsory superannuation contributions (as required under relevant legislation) to a complying superannuation fund nominated by an employee.

 

17.2.    If an Employee does not nominate a superannuation fund, SOH will pay any such contributions into the SOH’s default fund, which is Aware Super.

 

SECTION 5 - OVERTIME AND PENALTY RATES

 

18.  Overtime

 

18.1.    An Employee may be directed by the Agency Head to work overtime, provided it is reasonable for the Employee to be required to do so. An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working unreasonable hours. In determining what is unreasonable, the following factors will be taken into account:

 

18.1.1.             The Employee’s prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study arrangements;

 

18.1.2.             Any risk to the Employee’s health and safety;

 

18.1.3.             The urgency of the work required to be performed during overtime, the impact on the operational commitments of SOH and the effect on client services; or

 

18.1.4.             The notice (if any) given by the Agency Head regarding the working of the overtime, and by the employee of their intention to refuse overtime; or

 

18.1.5.             Any other relevant matter.

 

18.2.    Overtime will only be paid when an Employee is directed by the Agency Head to work:

 

18.2.1.             before 6:00am or after 10:00pm on a weekday (Monday to Friday inclusive); or

 

18.2.2.             in excess of the maximum 10 ordinary hours (excluding meal breaks) that may be worked in a day; or

 

18.2.3.             on a Saturday, Sunday or Public Holiday;

 

with the exception that an Employee who is required not to work flexible working hours in accordance with clause 12.10.1 of this award, will be entitled to the payment of overtime when directed to perform work before 7:30am, or after 6:00pm Monday to Friday, or outside the normal pattern of hours that have been prescribed under clause 12.10.1. Overtime will not be paid unless these hours have been directed by the Agency Head.

 

18.3.    An employee who is directed to work overtime of more than a quarter of an hour is entitled to a minimum payment of overtime at the applicable rate:

 

18.3.1.             Weekdays (Monday to Friday inclusive) for a period of more than a quarter of an hour - minimum payment of one quarter of one hour.

 

18.3.2.             Saturday, Sunday or public holiday - minimum payment of three hours.

 

18.4.    Overtime is not payable for time spent travelling.

 

18.5.    An Employee who is directed to work overtime will receive the applicable loading for all overtime hours that are directed to be worked in accordance with this clause:  

 

18.5.1.             Weekdays (Monday to Friday inclusive) - time-and-one-half for the first two hours and double-time thereafter for all overtime hours worked before 6:00am or after 10:00pm;

 

18.5.2.             Saturday - time-and-one-half for the first two hours and double-time thereafter for all overtime hours worked;

 

18.5.3.             Sunday - double-time for all overtime hours worked;

 

18.5.4.             Public Holidays - double-time-and-one-half for all overtime hours worked.

 

18.5.5.             An Employee whose salary, or salary and allowance in the nature of salary, exceeds the rate for Clerk Grade 8 maximum in the Crown Employees (Administration & Clerical Officers) Award, as varied from time to time, will be paid at the rate of Clerk Grade 8 maximum plus $1.00 for working directed overtime, unless the Agency Head approves payment for directed overtime at the employee’s salary or, where applicable, salary and allowance in the nature of salary.

 

18.6.    Overtime payments for casual employees are based on the ordinary hourly rate plus the 15% loading set out in clause 10.4.2. The loading in lieu of annual leave as set out clause 10.4.3 is not included in the hourly rate for the calculation of overtime payments for casual employees.

 

18.7.    A full-time or part-time employee may elect to receive an equivalent grant of recreation leave in lieu of payment for overtime in accordance with clause 18.5, subject to the following requirements.

 

18.7.1.             Any election for leave in lieu of payment for overtime must be made before, or as soon as practicable after, the overtime is worked;

 

18.7.2.             The leave in lieu will be calculated at the same rate as would have applied to the payment of overtime in terms of clause 18.

 

18.7.3.             The leave in lieu of payment for overtime must be taken at the SOH’s convenience, except where taken to look after a sick family member when the conditions applying to the taking of sick leave to care for a sick family member will apply;

 

18.7.4.             The leave in lieu of payment for overtime will be taken in multiples of a quarter of an hour;

 

18.7.5.             The leave in lieu of payment for overtime is to be taken within three months of the overtime being worked unless additional time is agreed to in writing between the Agency Head and the Employee; and

 

18.7.6.             The Employee will be paid the balance of any overtime entitlement not taken as leave in lieu.

 

18.8.    SOH may deduct from the total weekly overtime worked by an Employee, any hours that the employee is absent from duty without approval on any day in the week in which the overtime is worked, unless caused by circumstances beyond the Employee’s control.

 

18.9.    An Employee is entitled to a minimum of 8 consecutive hours off duty between consecutive work days that include one or more periods of directed overtime. An Employee who is directed to resume work before 8 consecutive hours has elapsed will be entitled to receive the applicable overtime rate in clause 18.5 for all hours worked until a minimum 8-hour break from work is provided. The Employee will then be entitled to eight consecutive hours off duty and will be paid for the ordinary working time occurring during the absence.

 

18.10. Overtime meal breaks and allowances -

 

18.10.1.          An Employee who is directed to work overtime on a weekday, Saturday, Sunday or Public Holiday will be entitled to a 30 minute unpaid meal break after every five hours of overtime worked. An Employee who is unable to take a meal break and who works for more than five hours will be given a meal break at the earliest opportunity.

 

18.10.2.          Subject to clause 18.10.3, except where the SOH has provided an Employee with an adequate meal when taking a meal break in accordance with this clause, an Employee will be paid a meal allowance at the appropriate rate specified in Item 3 of Schedule C Allowances and Expenses of this award with reference to the following meal times.

 

Breakfast	07:00 - 10:00 hours
Lunch	12:00 - 15:00 hours
Dinner	17:00 - 20:00 hours
Supper	22:00 - 01:00 hours

 

18.10.3.          An overtime meal allowance identified in clause 18.10.2 will be paid to an Employee if the Agency Head is satisfied that the Employee has properly and reasonably incurred expenses to purchase a meal and has taken a minimum 30 minute unpaid meal break before or during the working of overtime.

 

18.10.4.          Where the allowance provided in clause 18.10.2 is insufficient to reimburse an Employee for the cost of purchasing a meal, SOH will pay the actual expenses properly and reasonably incurred by the employee upon presentation of receipts substantiating the claim.

 

18.11. Provision of transport or parking expenses -

 

18.11.1.          An Employee directed to work overtime in accordance with this clause may, at the Agency Head’s discretion, be provided with a cabcharge for their journey between the SOH and their usual place of residence (or alternative location) or be reimbursed the expense of parking in the SOH Car Park.

 

18.11.2.          In determining whether to provide transport or reimburse parking expenses under this clause, the Agency Head will consider the reasonable availability of public or alternative transport at the time the employee commences or ceases overtime and whether the use of this transport would place the employee at unreasonable risk.

 

18.11.3.          Any cabcharge issued under this clause will be limited to the employee’s journey between SOH and the Employee’s usual place of residence or alternative agreed location within the Sydney metropolitan district. Where the Employee’s usual place of residence is beyond the Sydney suburban bus or train network, the Agency Head may consider the appropriateness of supplementing the Employee’s journey between SOH and the departure station, or the destination station and the employee’s home.

 

18.11.4.          Any decision to reimburse parking expenses under this clause will be limited to the full concessional parking rate applicable to employees at the SOH Car Park.

 

19.  Sundays

 

19.1.    A full-time or part-time employee who is directed to work on a Sunday are entitled to either the payment for overtime or leave in lieu of overtime in accordance with clause 18 of this award.

 

19.2.    A casual employee who is directed to work on a Sunday will be entitled to the payment of overtime in accordance with clauses 10.6 and 18.5 of this award.

 

20.  Public Holidays

 

20.1.    Unless directed to attend for duty by their manager, a full-time or part-time employee is entitled to:

 

20.1.1.             be absent from duty without loss of pay on any day which is a gazetted public holiday throughout the State of New South Wales as declared under Part 2 of the Public Holidays Act 2010; and

 

20.1.2.             an additional day between Boxing Day and New Year's Day determined by the Agency Head as a public service holiday.

 

20.2.    A full-time or part-time employee who is directed to work on a public holiday is entitled to either be paid overtime or receive leave in lieu of overtime in accordance with clause 18 of this award.

 

20.3.    A casual employee who is directed to work on a public holiday will be entitled to the payment of overtime in accordance with clauses 10.6 and 18.5 of this Award.

 

SECTION 6 - LEAVE

 

21.  Leave - General

 

21.1.    Employees must not be absent from duty unless reasonable cause is shown.

 

21.2.    All planned leave must be applied for in advance and will be granted in accordance with the wishes of the Employee subject to the operational requirements of SOH, and in accordance with the leave entitlements in this award.

 

21.3.    Employees taking unplanned leave must notify SOH as soon as reasonably practicable. If an Employee is absent from duty because of illness or other emergency, they must notify or arrange for another person to notify their supervisor as soon as possible and provide the reason for the absence. If a satisfactory explanation for the absence, is not provided, the employee will be regarded as absent from duty without authorised leave and the Agency Head will deduct from the pay of the employee the amount equivalent to the period of the absence.

 

21.4.    Where paid and unpaid leave is available to be granted in terms of this award, paid leave will be taken before unpaid leave.

 

22.  Leave Entitlements

 

22.1.    The following leave clauses of the Conditions Award apply to the Employees covered by this Award:

 

22.1.1.             Clause 70 - Extended Leave;

 

22.1.2.             Clause 71 - Family and Community Service Leave;

 

22.1.3.             Clause 72 - Leave Without Pay;

 

22.1.4.             Clause 73 - Military Leave;

 

22.1.5.             Clause 74 - Observance of Essential Religious Or Cultural Obligations;

 

22.1.6.             Clause 75 - Parental Leave;

 

22.1.7.             Clause 76 - Purchased Leave;

 

22.1.8.             Clause 77 - Recreation Leave;

 

22.1.9.             Clause 79 - Sick Leave;

 

22.1.10.          Clause 80 - Sick Leave - Requirements for Evidence of Illness;

 

22.1.11.          Clause 81 - Sick Leave to Care for a Family Member;

 

22.1.12.          Clause 82 - Sick Leave - Workers Compensation;

 

22.1.13.          Clause 83 - Sick Leave - Claims Other Than Workers Compensation;

 

22.1.14.          Clause 84 - Special Leave; and

 

22.1.15.          Clause 84A - Leave for Matters Arising from Domestic Violence.

 

 

 

23.  Annual Leave Loading

 

Clause 78 Annual Leave Loading of the Conditions Award, as amended from time to time, does not apply to Employees covered by this Award as the salary rates provided in Schedule B of this Award are inclusive of annual leave loading.

 

SECTION 7 - OTHER CONDITIONS

 

24.  Travel Arrangements

 

The following clauses of the Conditions Award apply to the Employees covered by this award:

 

24.1.    Clause 26 - Travelling Compensation

 

24.2.    Clause 27 - Excess Travelling Time

 

24.3.    Clause 28 - Waiting Time

 

24.4.    Clause 29 - Meal Expenses on One-Day Journeys

 

24.5.    Clause 30 - Restrictions on Payment of Travelling Allowances

 

24.6.    Clause 31 - Increase Or Reduction in Payment of Travelling Allowances

 

24.7.    Clause 32 - Production of Receipts

 

24.8.    Clause 33 - Travelling Distance

 

25.  Training and Professional Development

 

The following clauses of the Conditions Award, apply to the Employees covered by this award:

 

25.1.    Clause 85 - Employee Development and Training Activities

 

25.2.    Clause 86 - Study Assistance

 

SECTION 8 - WORK ENVIRONMENT

 

26.  Consultation

 

The parties to this award are committed to establishing effective consultation on matters of mutual interest and concern, both formal and informal, as set out in the Consultative Arrangements Policy and Guidelines document, including in relation to the introduction of any technological change.

 

27.  Dispute Settlement Procedures

 

27.1.    The following dispute resolution procedure will be implemented to resolve all grievances or disputes that arise in relation to the provisions of this award.

 

27.2.    The resolution of grievances and disputes will initially be dealt with as close to the source as possible, before escalation in graduated steps to higher levels of authority within SOH as provided by this procedure.

 

27.3.    An Employee must provide written notification to their most immediate line manager of the nature of their dispute or grievance and request a meeting to discuss the matter. Where possible, this notification should state the remedy the employee is seeking to resolve the dispute or grievance.

 

27.4.    An Employee may notify their next most immediate line manager, or where appropriate Human Resources, where the dispute or grievance is confidential or particularly sensitive, or if it is impractical for the matter to be discussed with the employee’s most immediate line manager.

 

27.5.    The manager to whom this notification has been made, or another appropriate employee will convene a meeting within two (2) working days from the date of notification and attempt to resolve the matter.

 

27.6.    If the matter remains unresolved, the Employee may request a meeting with the next most immediate line manager or appropriate management representative in order to discuss and resolve the matter, which will be convened within two (2) working days from the date of notification, or as soon as practicable.

 

27.7.    If the matter remains unresolved, the Employee may follow the same escalation pathway, subject to the same response timelines, up to and including the referral of the dispute or grievance to the Agency Head for their consideration.

 

27.8.    Where a dispute is referred to the Agency Head, the Agency Head will provide a substantive response to the employee and their representatives that identifies the position of the Agency Head.

 

27.9.    At any stage of this procedure an employee who is a union member, may request to be represented by the union.

 

27.10. If the matter remains unresolved following the use of these procedures, the Union or SOH may refer the matter to the Commission for assistance in resolving the dispute or grievance.

 

27.11. Unless otherwise agreed between the parties, normal work will continue while the dispute procedure is being observed. Where the matter involves a genuine work health and safety issue, normal work will proceed in a manner which avoids any risk to the health and safety of any employee or member of the public.

 

28.  Anti-Discrimination

 

28.1.    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.

 

28.2.    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.

 

28.3.    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.

 

28.4.    Nothing in this clause is to be taken to affect:

 

28.4.1.             Any conduct or act which is specifically exempted from anti discrimination legislation;

 

28.4.2.             Offering or providing junior rates of pay to persons under 21 years of age;

 

28.4.3.             Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti‑Discrimination Act 1977;

 

28.4.4.             A party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

28.5.    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.

 

28.6.    The Agency Head and Employees may also be subject to Commonwealth anti-discrimination legislation.

 

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

 

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

 

29.  Work Health and Safety

 

The parties to this Award are committed to improving the work health and safety (WHS) performance of the SOH via a consultative process and assisting SOH and its employees to comply with WHS legislation and standards and lower the risk of workplace accidents and injury.  To support these commitments, SOH will:

 

29.1.    develop and implement WHS and rehabilitation policies and guidelines for the SOH;

 

29.2.    establish and implement WHS consultative arrangements in SOH work premises to identify and implement safe systems of work, safe work practices, working environments and appropriate risk management strategies; and to determine the level of responsibility within SOH to achieve these objectives;

 

29.3.    identify training strategies for employees, as appropriate, to assist in the recognition, elimination or control of workplace hazards and the prevention of work related injury and illness; and

 

29.4.    develop strategies to assist the rehabilitation of injured employees.

 

30.  Union Activities

 

30.1.    An Employee appointed by the Union as a union delegate will, after notification to SOH, and to the extent that they are required be released from the performance of their normal duties, will be regarded as being on duty when required to undertake any of the following activities in their role as delegate:

 

30.1.1.             attending meetings with SOH management representatives;

 

30.1.2.             attending disciplinary or grievance meetings that the delegate has been requested to attend by an Association member

 

30.1.3.             giving evidence in court or a similar tribunal on behalf of SOH;

 

30.1.4.             appearing before the Commission as a witness or Union representative;

 

30.1.5.             presenting information about the Union to new employees inducted at SOH; and

 

30.1.6.             distributing official Union publications or authorised material at SOH, provided that SOH is given a minimum of 24 hours’ notice (unless otherwise agreed) and distribution time is minimised and occurs at a time convenient to SOH.

 

30.2.    The responsibilities of an Employee appointed as a union delegate are to:

 

30.2.1.             provide the Agency Head with proof of their accreditation as an Union delegate;

 

30.2.2.             participate in consultation processes, as appropriate,

 

30.2.3.             follow the dispute settlement procedures in this award,

 

30.2.4.             provide sufficient advance notice to their immediate supervisor of any proposed absence on authorised Union business and account for such time spent on Union business; and

 

30.2.5.             properly and reasonably use all facilities provided by the Agency Head.

 

30.3.    The responsibilities for the SOH where time is required for Union activities in accordance with this clause are to:

 

30.3.1.             release the accredited delegate from duty for the duration of the Union activity, as appropriate, and, where necessary, to allow for sufficient travelling time during the ordinary working hours;

 

30.3.2.             advise the union delegate of the date of new employee induction sessions with sufficient notice to enable the Union to arrange representation;

 

30.3.3.             where possible, to provide relief in the role occupied by the delegate in the workplace, while the delegate is undertaking Union responsibilities to assist with the business of SOH;

 

30.3.4.             re-credit any other leave applied for on the day to which special leave or release from duty subsequently applies; and

 

30.3.5.             if the time and/or facilities allow for Union activities are thought to be used unreasonably and/or improperly, to consult with the Union before taking any remedial action.

 

30.4.    No overtime, leave in lieu, shift penalties or any other additional costs will apply to on-duty activities performed by a union delegate.

 

30.5.    All travel and other costs incurred by an Union delegate in carrying out union activities will be paid by the Union, with the exception that reasonable travel and/or accommodation costs incurred by a delegate when attending meetings called by SOH management will be met by SOH on the same conditions as apply under clause 24 Travel Arrangements of this award.

 

30.6.    SOH will provide a delegate with reasonable time to prepare and travel to and from meetings with SOH representatives (including disciplinary or grievance meetings); reasonable access to telephone, facsimile, email, internet and meeting room facilities; and reasonable access to an employee noticeboard for the purposes of posting material authorised by the Union.

 

30.7.    The Union will:

 

30.7.1.             provide written advice to the Agency Head about any Union activity to be undertaken by an accredited delegate and, if requested, provide written confirmation of the delegate's attendance/participation in that activity; and

 

30.7.2.             assist the Agency Head in ensuring that time taken by the Union delegate is accounted for and any facilities provided by the employer are used reasonably and properly.

 

30.8.    The Agency Head will grant special leave with pay for trade union activities subject to the conditions in this clause.

 

30.8.1.             Special leave will be granted where a Union delegate performs the following trade union activities:

 

(a)       attending annual or biennial conferences of the Union;

 

(b)       attending meetings of the Union’s executive, committee of management or councils;

 

(c)        attending annual conference of Unions NSW and the biennial Congress of the Australian Council of Trade Unions;

 

(d)       attending meetings called by Unions NSW involving the Association which requires attendance of a delegate;

 

(e)        attendance at meetings called by the Industrial Relations Secretary, as the employer for industrial purposes, as and when required;

 

(f)        giving evidence before an Industrial Tribunal as a witness for the Union; and

 

(g)        reasonable travelling time to and from conferences or meetings to which the provisions of clauses 30.1 and 30.8.1 apply.

 

30.8.2.             Special leave will be granted where a Union member undertakes a training course conducted by the Union (or organised by a training provider on behalf of the Union) for up to a maximum of 12 days in any two year period.

 

30.8.3.             The granting of special leave for the trade union activities is subject to:

 

(a)       the employee’s absence being convenient to SOH’s operational requirements;

 

(b)       leave being paid at the Employee’s ordinary base rate of pay (no overtime, leave in lieu, shift penalties or any other additional costs will apply);

 

(c)        all travel and associated expenses being met by the employee or Union;

 

(d)       attendance being confirmed in writing by the Union or a nominated training provider; and

 

(e)        the Association providing SOH with written notice as soon as the date, time and expected duration of meetings, training or activities are known.

 

30.8.4.             SOH will allow the employee reasonable travel time to and from such meetings, conferences and training where special leave applies.

 

30.9.    SOH and the Association may enter into an on-loan arrangement for the following activities and subject to the following conditions:

 

30.9.1.             An on-loan arrangement may only apply to full-time or part-time employees who are a member of the Association and engaged in the following activities:

 

(a)        attending meetings interstate or in NSW of a Federal nature to which the Union member has been nominated or elected by the Union as an Executive member, a member of the Federal Council, or as a member of a vocational or industry committee;

 

(b)        briefing counsel on behalf of the Union; and

 

(c)        assisting Union officials with preparation of cases or any other activity outside their normal workplace at which the delegate is required to represent the interests of the Association; and

 

(d)        taking up of full time duties with the Union if elected to the office of President, General Secretary or to another full time position with the Union.

 

30.9.2.             The granting of any on-loan arrangement is at the discretion of the Agency Head and is subject to:

 

(a)        the operational requirements of SOH’s workplace;

 

(b)        SOH continuing to pay the Employee whose services are ‘on loan’ and the Union reimbursing SOH at regular intervals for all employee-related costs including salary and associated on costs, including superannuation.

 

(c)        written agreement being reached with SOH prior to the commencement of the on-loan arrangement including the details of the on-loan arrangement, its duration and cost reimbursement schedule;

 

(d)        the on-loan arrangement being kept to a minimum time required;

 

(e)        on-loan arrangements being considered as service with SOH for the purpose of accrual of leave; and

 

(f)        The Union advising SOH of any leave taken by the employee while they are on loan.

 

30.10. The right of entry provisions are as prescribed under the Work Health and Safety Act 2011 and the Industrial Relations Act 1996. If requested to do so by management, the Union official will provide proof of identity when visiting the workplace in an official capacity.

 

30.11. SOH will deduct fortnightly union membership fees from the pay of an employee who is a member of the Union provided that the Employee has authorised SOH to make these deductions. It is the responsibility of the employee to advise SOH of the amount to be deducted and to advise of any variation to the amount payable under the Union’s rules.

 

31.  Secure Employment

 

31.1.    SOH will consult with employees of a labour hire business and/or a contract business engaged to perform work that is wholly or partly performed by positions covered by this award about workplace work health and safety consultative arrangements. SOH will provide these employees with procedures to control any identified workplace risks, appropriate work health and safety induction training, safe work method statements and personal protective equipment and/or clothing to support the safe performance of duties.

 

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

 

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

 

31.4.    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.

 

SCHEDULE A - CLASSIFICATION DESCRIPTIONS

 

This schedule provides a description of the grade and responsibilities of the roles listed in clause 4.1.

In accordance with clause 4.2 of this award, these descriptions will guide the future award coverage of any newly created non-executive roles that perform the same or substantially equivalent duties as the role classifications listed below.

 

1.         Grade 4

 

1.1.      Information Analyst - is responsible for:

 

·                providing expert professional and strategic advice, recommendations and support to the Information Manager on the development, performance and enhancement of SOH information management systems and online environments and strategies;

 

·                ensuring the management of corporate information aligns with other Technology strategies and initiatives;

·                identifying strategic system priorities from the business and user perspective, and integrating information management software with other corporate systems; 

 

·                managing or collaborates on the delivery of records and information management projects; and

 

·                planning for, and developing, SOH’s capacity to use and adopt new, innovative and continually-improved systems for managing information.

 

2.         Grade 3

 

2.1.      Procurement Officer - is responsible for:

 

·                assisting SOH stakeholders to plan, source and manage goods and services procurement arrangements to effectively meet organisational objectives;

 

·                providing administrative support to the organisation’s Procurement Review Panel. 

 

·                ensuring the development and implementation of procurement policies, procedures, plans, and systems that manage compliance and procurement risks, and align with the NSW Procurement Policy Framework, ICAC guidelines and other applicable NSW Government policies and requirement; and

 

·                providing daily operational support and expert advice to staff including training other IPOS (online procurement system) users; assisting in developing, reporting and monitoring procurement initiatives; co-ordinating online tender, e-procurement portals/processes; centralised procurement administration for selected suppliers; and maintaining procurement records and preparing procurement analysis.

 

2.2.      Financial Accountant Operations - is responsible for:

 

·                working proactively to influence and provide expert financial accounting and technical support on balance sheet accounts, cash management, taxation activities and transaction services activities across the business;

 

·                the stewardship of the general ledger including integrity of the ledger framework and data;

 

·                ensuring that appropriate tools, systems, processes and information are robust, available to support decision making and operating effectively; and

 

·                managing the team undertaking accounts receivable, accounts payable, cash handling and management, and fixed assets.

 

3.         Grade 2

 

3.1.      Financial Accountant & IPOS Operations Support - is responsible for:

 

·                supporting financial operations by ensuring that information entered into key finance systems is accurate, complete, and timely;

 

·                undertaking regular reconciliations and review;

 

·                upholding SOH policy and procedures;

 

·                working to ensure compliance with relevant NSW Government policy and legislation; and. 

 

·                providing specialised financial accounting functions on a rotating basis in cash handling/management, accounts receivable, purchase to pay and fixed asset management.

 

3.2.      Executive Team Assistant - is responsible for:

 

·                working as part of a team of assistants providing a range of executive support, research and administrative services to assigned Portfolio Directors and other relevant Senior Executives, including coordinating stakeholder access, diary management; meeting preparation, support and hospitality, drafting and filing of relevant correspondence and documentation, coordinating/providing background information; making travel arrangements; purchases and payments; ad hoc projects and research support;

 

·                providing broader administrative support to key portfolio managers, staff and projects in line with client expectations and capacity; and

 

·                providing support to all senior executives and Executive Office by answering and screening telephone calls and enquiries; managing visitors; maintaining the office environment/equipment; booking meeting rooms; and developing/maintaining administrative practices, systems and procedures to improve efficiency and service delivery.

 

3.3.      Government Relations Officer - is responsible for:

 

·                providing project management, stakeholder engagement and administrative services to ensure the effective and efficient achievement of departmental objectives;

 

·                supporting the Government Relations Manager with the development and delivery of timely and accurate Government advice and reporting;

 

·                supporting effective advocacy of the Opera House’s social, economic and cultural impact on the community: and

 

·                identifying funding opportunities for projects across the organisation.

 

3.4.      Records Management Specialist - is responsible for:

 

·                the implementation and adoption of SOH corporate records policy and management of information across systems;

 

·                ensuring compliance with relevant records, government information, privacy and cyber security and audit requirements directly related to corporate information;

 

·                acting as the organisational point of contact for any records or information related matters;

 

·                overseeing the digital and physical records lifecycle, and preserving assets of corporate and community significance; and

 

·                providing expert service to the SOH business in the use of the records management system and information management needs; including training and supporting key personnel in SOH records management policies and procedures; and conducting corporate research and maintaining archival collections.

 

3.5.      Payroll Officer - is responsible for:

 

·                using the payroll systems to provide administrative and employee-related services to the business in line with service-level agreements, legislative and regulatory compliance requirements;

 

·                delivering the agency’s pay run in accordance with relevant legislation, policies and procedures,

 

·                interpreting and applying employment conditions in industrial instrument and public sector employment legislation;

 

·                supporting day-to-day payroll activities and enquiries,

 

·                maintaining accurate staff records (appointments, adjustments, terminations and leave records) and assisting with audit requests;

·                Prepare payroll-related financial, statutory and management reports to assess budgetary adherence, meet compliance obligations and month-end close; and

 

·                developing documentation outlining the procedural steps and processes for all role activities and accountabilities.

 

3.6.      Financial Accountant - is responsible for:

 

·                supporting financial operations by ensuring that information entered into key finance systems is accurate, complete, and timely;

 

·                undertaking regular reconciliations and review;

 

·                upholding SOH policy and procedures;

 

·                working to ensure compliance with relevant NSW Government policy and legislation; and. 

 

·                providing specialised financial accounting functions on a rotating basis in cash handling/management, accounts receivable, accounts payable and fixed asset management.

 

3.7.      Recruitment Coordinator - is responsible for:

 

·                coordinating a range of standard processes to ensure high quality, prompt and efficient service and advice in relation to recruitment, selection and on-boarding activities in accordance with established procedures and the principles of merit based selection;

 

·                often acting as the first point of contact for internal and external stakeholders;

 

·                providing support to the Human Resources Business Partnering team on a range of tasks and projects and is responsible for managing the onboarding process for all new starters, and

 

·                working collaboratively with OD&L Advisor and HR Advisor on the new staff orientation and work experience programs.

 

3.8.      Coordinator, Government Policy & Heritage - is responsible for:

 

·                providing administrative, project coordination and research support to the SOH functions of government relations, heritage, policy, and community/social impact programs and strategies to support the coordination of activities and achievement of objectives

 

·                developing and maintaining administrative practices, systems and procedures;

 

·                providing office administrative assistance; including assisting with the preparation and delivery of meetings, diary management, and travel applications; drafting briefing notes, policy documents, agendas, minutes, and presentations; and processing charity donation requests

 

·                undertaking general research and assisting with ad hoc projects; and

 

·                supporting staff engagement activities for heritage and community programs event and digital activities.

 

4.         Grade 1

 

4.1.      Recruitment Administrator - is responsible for:

 

·                providing administrative support and guidance across the full range of recruitment activities, including organising interviews and assessments, scheduling and coordinating recruitment requirements including background checks, coordinating pre-employment health assessments, preparing offer letters and new starter documentation, conducting reference checks, preparing draft application packages, responding to or coordinating candidate enquiries, and implementing general recruitment campaign administration and tracking processes; and

 

·                providing ancillary administrative support to the broader People and Development team as necessary and in line with capacity

 

4.2.      Graduate Accountant - is an entry-level development role for a recent university graduate accountant that combines of on-the-job training, mentoring and development from skilled finance professionals with study towards a professional accounting qualification. This includes providing professional exposure across the finance team focus areas of financial services, reporting, business analysis and financial planning and modelling.

 

SCHEDULE B - CLASSIFICATION STRUCTURE AND RATES OF PAY

 

Table 1 - Grade Structure

 

This grading structure applies to the roles listed in clause 4.1 of this Award, and any newly created non-executive roles that perform the same or substantially equivalent duties as these role classifications (as provided for under clause 4.2 of this Award).

 

Grades	Mercer CED Work Value Points			Pay Point	1.7.23 Per annum 4.00% $
Grade 4	350	-	483	12	136,249
				11	133,387
				10	131,080
				9	128,773
				8	126,471
				7	124,167
				6	121,860
				5	119,594
				4	117,328
				3	115,057
				2	112,793
				1	110,525
Grade 3	250	-	349	9	109,298
				8	107,124
				7	104,950
				6	102,779
				5	100,653
				4	98,529
				3	96,405
				2	94,278
				1	92,580
Grade 2	174	-	249	9	92,104
				8	89,931
				7	87,756
				6	85,591
				5	83,840
				4	82,092
				3	80,346
				2	78,604
				1	76,860
Grade 1	120	-	173	7	76,273
				6	74,672
				5	73,069
				4	71,472
				3	69,522
				2	67,949
				1	66,379
Full-time equivalent salaries (non-incremental)

 

Table 2 - Classifications and Salary Rates

 

Classification	Grade and Pay Point	1.7.23 Per annum 4.00% $
Information Analyst	Grade 4, Pay Point 3	115,057
Procurement Officer	Grade 3, Pay Point 1	92,580
Financial Accountant Operations	Grade 3, Pay Point 1	92,580
Financial Accountant & IPOS Operations Support	Grade 2, Pay Point 8	89,931
Executive Team Assistant	Grade 2, Pay Point 8	89,931
Government Relations Officer	Grade 2, Pay Point 8	89,931
Records Management Specialist	Grade 2, Pay Point 8	89,931
Payroll Officer	Grade 2, Pay Point 7	87,756
Financial Accountant	Grade 2, Pay Point 6	85,591
Recruitment Coordinator	Grade 2, Pay Point 4	82,092
Coordinator Government Policy & Heritage	Grade 2, Pay Point 2	78,604
Recruitment Administrator	Grade 1, Pay Point 6	74,672
Graduate Accountant	Grade 1, Pay Point 6	74,672

 

SCHEDULE C - ALLOWANCES AND EXPENSES

 

Effective 1 July 2023

 

Item No.	Clause No.	Description	Amount
1	16.2	Community Language Allowance Scheme (Base Level Rate)	$1,580pa
2	16.3	First Aid Allowance (basic qualification)	$1,018pa
3	18.10	Overtime Meal allowance	Effective 1 July 2023
		Breakfast	$35.65
		Lunch	$35.65
		Dinner	$35.65
		Supper	$13.30

 

Adjustments:

 

In adjusting work related and expense related allowances, annual rates are adjusted to the nearest dollar, weekly and daily rates are rounded to the nearest 5 cents, and hourly rates are moved to the nearest cent.

 

SCHEDULE D - APPLICATION OF CONDITIONS AWARD AND SALARY AWARD

 

The Conditions Award and the Crown Salaries Award do not apply to non-executive public service employees who are employed in Sydney Opera House Trust Staff Agency except as provided for in this schedule.

 

 

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

 

1.         The following clauses of the Conditions Award apply to Employees covered by this award as if those clauses were clauses of this award:

 

Clause No.         Subject Matter

 

SECTION 3 - TRAVEL ARRANGEMENTS

 

26.       Travelling Compensation

27.       Excess Travelling Time

28.       Waiting Time

29.       Meal Expenses on One-Day Journeys

30.       Restrictions on Payment of Travelling Allowances

31.       Increase or Reduction in Payment of Travelling Allowances

32.       Production of Receipts

33.       Travelling Distance

 

SECTION 6 - LEAVE

 

70.       Extended Leave

71.       Family and Community Service Leave

72.       Leave Without Pay

73.       Military Leave

74.       Observance of Essential Religious or Cultural Obligations

75.       Parental Leave

76.       Purchased Leave

77.       Recreation Leave

79.       Sick Leave

80.       Sick Leave - Requirements for Evidence of Illness

81.       Sick Leave to Care for a Family Member

82.       Sick Leave - Workers Compensation

83.       Sick Leave - Claims Other Than Workers Compensation

84.       Special Leave

84A.    Leave for Matters Arising from Domestic Violence

 

SECTION 7 - TRAINING AND PROFESSIONAL DEVELOPMENT

 

85.       Employee Development and Training Activities

86.       Study Assistance

 

2.         The following clauses of the Conditions Award also apply to the Employees covered by this award as if those clauses were clauses of this award, however, these conditions are not presently enlivened by the work currently performed by any of the Employees:

 

Clause No.         Subject Matter

 

SECTION 4 - ALLOWANCES AND OTHER MATTERS

 

36.       Allowance Payable for Use of Private Motor Vehicle

37.       Damage to Private Motor Vehicle Used for Work

41.       Overseas Travel

47.       Compensation for Damage to or Loss of Employee’s Personal Property

 

 

SECTION 8 - SHIFT WORK AND OVERTIME

 

87.       Shift Work

89.       Overtime Worked by Shift Workers

91.       Recall to Duty

92.       On-Call (Stand-By) and On-Call Allowance

 

3.         Nothing in clause 2 of this schedule prevents the payment and/or application of these conditions in the future if the work performed by the Employees enlivens any of the requirements set out in the clauses listed in clause 2. In the event these clauses are enlivened, the allowances will be adjusted in accordance with cl 52 of the Conditions Award.

 

Crown Employees (Public Sector - Salaries 2022) Award

 

4.         The following clauses of the Salaries Award apply to the Employees covered by this award as if those clauses were clauses of this award:

 

Clause No.         Subject Matter

 

3.         Salaries

4.         Allowances (in respect of the allowances listed in this Award)

5.         Salary Packaging Arrangements, including Salary Sacrifice to Superannuation

8.         No Extra Claims

9.         Area, Incidence and Duration

 

 

 

D. O'SULLIVAN, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.