New south wales industrial gazette

PART A
1. Title
1.1 This Award shall be known as the "Crown Employees (Museum of Applied Arts and Sciences Electrical Preparators) Award 2007.
2. Parties
2.1 Award has been made between the following parties:
The Director of Public Employment
The Museum of Applied Arts and Sciences
Electrical Trades Union of Australia, NSW Branch

3. Definitions
"Act" means the Public Sector Employment and Management Act 2002.
"Conditions Award" means the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.
"Operative Date" means the date on which this Award is made by the Industrial Relations Commission of New South Wales and becomes legally binding on the parties.
"Staff" means and includes all persons permanently or temporarily employed under the provisions of the Act, and who, as at the operative date of this Award were occupying one of the positions covered by this Award, or who, after that date, are appointed to or employed in one of such positions.
"Supervision" means, in addition to normal supervisory responsibilities, the assessment, evaluation and training of staff.
"Union" means the Electrical Trades Union of Australia, NSW Branch.
4. Intention
4.1 It is intended that the Award will provide a suitable basis for the parties to implement appropriate arrangements to ensure that corporate objectives are met.
4.2 The Award will help facilitate the processes necessary to enhance the productivity of the organisation and provide a better return to the organisation, the staff, and the community.
5. Wage Rates
5.1 The wage rates paid to staff covered by this Award are specified in Table 1 - Rates of Pay, of Part B, Monetary Rates.
5.2 These rates will move in accordance with the Crown Employees Wages Staff (Rates of Pay) Award 2007 as varied or any replacement award.
6. General Conditions of Employment
6..1 Conditions of employment are regulated by the Act and its Regulations.
6.2 Conditions provided by this Award are:
6.2.1 The ordinary working hours shall be an average of thirty-five per week.
6.2.2 All allowances previously paid to staff covered by this Award, including the Licence Allowance, Tool Allowance and Leading Hand Allowance, are to be rolled into salary.
6.2.3 As from the date of effect of this Award, staff covered by this Award shall not be required to provide their own tools.
6.2.4 Employees will be entitled to an additional holiday on a working day nominated by the Director within the period between Boxing Day and New Year’s Day. This holiday applies in lieu of the Union Picnic Day entitlement provided by the Crown Employees (Skilled Trades) Award.
6.3 Conditions provided by other Awards
6.3.1 Conditions of employment not regulated by this clause shall be covered by the Crown Employees (Skilled Trades) Award except for Overtime, Travelling Compensation and Excess Travelling Time for which provisions of the Conditions Award shall apply and;

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

6.4 Where there is any inconsistency between this Award, the Crown Employees (Skilled Trades) Award and the Conditions Award this Award shall prevail to the extent of the inconsistency.
6.5 Flexible Working Hours
Flexible Working Hours: The Museum of Applied Arts and Sciences Flexible Working Hours Agreement of 1999 shall govern the employees covered under this award in terms of the hours of duty and flexible working hours
6.6 Union deduction
Subject to a staff member making written authorisation, the Museum of Applied Arts and Sciences shall deduct from the staff member’s pay, subscriptions payable to a nominated industrial organisation of employees (Union) and shall pay the deducted subscriptions to such an organisation.
7. Consultative Committee
7.1 The Museum of Applied Arts and Sciences ETU/Management Consultative Committee shall monitor the implementation of this Award and make, during its period of operation, recommendations to the Director of the Museum of Applied Arts and Sciences with regard to any matters regarding the implementation of this Award.
7.2 The ETU/Management Consultative Committee shall consist of representatives of management and representatives of the unions which are party to this Award, the latter chosen at the discretion of the union members covered by this Award.
7.3 Should the parties to the ETU/Management Consultative Committee fail to reach agreement on any matter the Dispute Resolution Procedures outlined in Clause 8 will be followed.
8. Dispute Resolution Procedures
The aim of this grievance handling and dispute resolution procedure is to encourage the resolution of grievances and/or disputes as quickly as possible within the immediate work context wherever possible. The procedure involves consultation, co-operation and discussion to achieve this aim.
There are 6 steps in the procedure.
At each step, all those involved are encouraged to seek advice with regard to the procedure and how to best undertake its various elements. Advice can be sought from appropriate staff, as identified in the Museum's policy and procedures for resolving Grievances and Disputes. The Museum’s Grievance Management and Resolution Policy identify Grievance Contact Officers as a point of contact for a staff member in the resolution of grievances and/or disputes.
8.1 Step 1:
A staff member should identify the work related concern or grievance and, where possible, try to discuss and resolve it with all relevant parties. A Grievance Officer may assist at this stage.
It is recognised that the staff member may wish to exercise the right to consult with, and be accompanied by their union representative, as a designated Grievance Officer. This person or any other designated Grievance Officer may participate in discussions during this or any subsequent stage.
8.2 Step 2:
If the grievance/dispute remains unresolved, the staff member shall discuss the matter with their supervisor. A Grievance Contact Officer may be asked to assist at this stage.

The supervisor shall seek to discuss the matter and assist in its resolution within 7 days.

8.3 Step 3:
If the grievance/dispute remains unresolved after 7 days, or where the staff member is unable to discuss the matter with his/her supervisor, the matter should be referred to the Manager of the Section or the Department Head.
The matter should be addressed and where possible resolved within 7 days.
8.4 Step 4:
Where a grievance or concern remains unresolved or where s staff member is unable to discuss the matter with his/her Section/Department Head, the matter shall be referred to the HR Manager or appropriate Associate Director. A Grievance Contact Officer may also be asked to assist at this stage.
The matter should be addressed within 7 days. Resolution of the matter may vary depending on its complexity. The Associate Director/HR Manager shall seek satisfactory resolution in a timely manner.
8.5 Step 5:
Where a grievance or concern remains unresolved after a reasonable period of time, the matter should be raised with the Director in writing. The staff member may ask a Grievance Contact Officer to assist at this stage. Resolution of the grievance or concern may vary, depending on the complexity of the matter. At this stage all parties will work actively towards resolving the matter expeditiously.
A reasonable timeframe for resolution of a grievance at this stage in the process is 2 to 3 weeks.
8.6 Step 6:
A staff member, their representative or the Director may refer the matter to an external agency to seek assistance in its resolution. These agencies may include the NSW Industrial Relations Commission, the NSW Anti-Discrimination Board or the Public Employment Office. Where possible, external referral shall only occur where the matter has remained unresolved internally.
Note: While the grievance procedure is being followed, normal work shall continue, except where a genuine health and safety issue is involved. Such circumstances may require some interim modification to work practices until the matter is resolved. For further details regarding the operation of the grievance and dispute resolution procedure, refer to the Museum's policy and procedures for resolving grievances and disputes.
9. Classification Standards
9.1 A position falling within the scope of this Award shall have assigned to it a classification level determined in accordance with the classification standards detailed below. Progression in each level is detailed below.
9.1.1 Electrical Preparator Grade 1: There are three salary levels for incremental progression. Progression will be determined by satisfactory performance and satisfactory attendance after 12 months at each level.
9.1.2 Electrical Preparator Grade 2: There is a soft barrier from Grade 1. Progression will be determined by satisfactory attendance after 12 months at the Year 3 level of Grade 1, availability of work at the higher level of duties as specified in the position description and satisfactory performance of the higher level of duties. Approval for progression will be in accordance with the Museum of Applied Arts and Sciences’ Delegation Manual. There are 2 salary levels in Grade 2. Progression will be determined by satisfactory performance and satisfactory attendance after 12 months at each level.
9.1.3 Senior Electrical Preparator: This is a promotional position and there are two levels in this classification. Progression will be determined by satisfactory performance and satisfactory attendance after 12 months at each level.
10. Anti-Discrimination
10.1 It is the intention of the parties bound by this Award to seek to achieve the object in Section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
10.2 It follows that in fulfilling their obligations under the dispute resolution procedures prescribed by this Award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award that, by its terms or operation, has a direct discriminatory effect.
10.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
10.4 Nothing in this Clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age:
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.
(d) A party to this Award from pursuing or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
10.5 This Clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
11. Area Incidence and Duration
11.1 This Award applies to all staff of the Museum of Applied Arts and Sciences who are currently employed in the classifications defined in Part B, Table 1 of the Crown Employees (Skilled Trades) Award
11.2 This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Museum of Applied Arts and Sciences Electrical Preparators) Award 2001 published 15 April 2005 (350 I.G. 6) and all variations thereof.
11.3 The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 18 December 2007.
This award remains in force until varied or rescinded, the period for which it was made having already expired.
12. Savings and Rights
12.1 At the time of making this Award, no person covered by this Award will suffer a reduction in his or her rate of pay or any loss of or diminution in his or her conditions of employment as a consequence of the making of this Award.

PART B
MONETARY RATES
Table 1 - Rates of Pay
Rates of pay effective 7 July 2003

	Pay Rates
	7.1.03
Electrical Preparator
Grade 1
1st Year	45,967
2nd Year	47,196
3rd Year	48,518
Grade 2
1st Year	50,356
2nd Year	52,324
Senior Electrical Preparator
Grade 1
1st Year	54,480
2nd Year	55,472

D. W. RITCHIE, Commissioner.

____________________

Printed by the authority of the Industrial Registrar.

(1602)

SERIAL C6388

Crown Employees (NSW DEPARTMENT OF PRIMARY INDUSTRIES) TECHNICAL STAFF Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1697 of 2007)

Before Commissioner Ritchie

18 December 2007

REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title

2. Definitions

3. Salaries

4. Saving of Rights

5. Progression Criteria

6. Transitional Arrangements

7. Allowances

8. Hours of Work

9. Job Evaluation

10. Grievance and Dispute Settling Procedures

11. Appeals Mechanism

12. Anti-Discrimination

13. Deduction of Union Membership Fees

14. Area, Incidence and Duration

PART B
MONETARY RATES
Table 1 - Salaries

Table 2 - Allowances

1. Title
This Award shall be known as the Crown Employees (NSW Department of Primary Industries) Technical Staff Award.
2. Definitions
(i) "Act" means Public Sector Employment and Management Act 2002.
(ii) "Public Service" means the Public Service of New South Wales as defined in the Public Sector Employment and Management Act 2002.
(iii) "Association" means the Public Service Association and the Professional Officers’ Association Amalgamated Union of New South Wales.

(iv) "Department" means the NSW Department of Primary Industries, as specified in Schedule 1 of the Public Sector Employment and Management Act 2002.

(v) "Regulation" means the Public Sector Management (General) Regulation 1996.
(vi) “DPE” means Director of Public Employment, as established under the Public Sector Employment and Management Act 2002.
(vii) "Service" means continuous service for salary purposes.
(viii) "Job Evaluation" means a methodology agreed to between the parties to grade Technical Staff under this Award.
(ix) "Member of staff" for the purposes of this Award, means a person employed as an officer on probation or officers, employed in any capacity under the provisions of Part 2.3 of the Act, or a temporary employee employed under S. 27 of the Act, who are classified under this Award, and employed in either a casual, part-time or full-time capacity.
(x) "Position" means a position as dealt with in Section 9 of the Public Sector Employment and Management Act 2002.
(xi) "Salary Rates" means the ordinary time rate of pay for the member of staff’s grading, excluding shift allowances, weekend penalties and all other allowances not regarded as salary.
(xii) "Normal Work" as defined in clause 10, Grievance and Dispute Settling Procedures, is defined as the duties and responsibilities relevant to the Statement of Duties, or Position Description, of a member, or members, of staff, at the time of a grievance, dispute or difficulty.
(xiii) "Technical Assistant" means an officer or employee who holds the New South Wales School Certificate or its equivalent that is required for employment in any of the positions covered by the provisions of this Award. VET Certificate II in any qualification is considered equivalent to the NSW School Certificate.
(xiv) "Technical Co-ordinator" means an officer or employee whose experience and expertise allows them to accept responsibility for the supervision and co-ordination of technical activities in a technical section or work unit and is appointed to a position designated as such.
(xv) "Technical Manager" means an officer or employee who is appointed to a position designated as such.
(xvi) "Technical Officer" means an officer or employee who holds:
(a) completion of a Biological Technicians Certificate, Chemistry Certificate Course, or the Pathology Technician Certificate Course from TAFE, or a relevant VET Diploma (equivalent AQF Level V) or other qualification deemed by the Department to be equivalent; or
(b) a trade qualification plus 5 years relevant post trade experience that is required for employment in any of the positions covered by the provisions of this Award; or,
(c) a Library Technician Certificate from TAFE or other qualification deemed by the Department to be equivalent; or
(d) successfully completed two-thirds of the required credit points necessary for the award of a relevant degree; or
(e) a relevant AQF Certificate IV or equivalent plus 5 years relevant post qualification experience.
(xvii) "Technical Staff" means all members of staff employed to provide technical contributions to the achievement of the Department’s corporate goals.

3. Salaries
Subject to the provisions of the Act and the Regulations thereunder, the rates of salary as set out in Table 1 - Salaries, of Part B, Monetary Rates shall be paid to members of staff appointed to the positions specified.
4. Saving of Rights
At the time of making of this Award, no member of staff covered by this Award will suffer a reduction in their rate of pay or any loss or diminution in his or her conditions of employment as a consequence of the making of this Award.
5. Progression Criteria
(i) A Technical Assistant who has been in receipt of the maximum salary prescribed for their grade for 12 months shall be eligible for progression to the next grade, up to and including Grade 3, subject to satisfying the merit progression criteria.
(ii) A Technical Officer, who has been in receipt of the maximum salary prescribed for their grade for 12 months, shall be eligible for progression to the next grade, up to and including Grade 3, subject to satisfying the merit progression criteria.
(iii) Technical Manager positions shall be included at substantive levels, Grade 3, Grade 4 and Grade 5, with promotion into such positions being by appointment subject to the occurrence of a vacancy.
6. Transitional Arrangements
The Transitional Arrangements in the former Crown Employees (Technical Staff - NSW Agriculture) Award published 17 May 2002 (333 IG 534) no longer have current effect, the period for transition of staff to classifications in this award having expired.
7. Allowances
(i) A member of staff who is appointed as a Technical Co-ordinator will be paid an allowance as set out in Item 1 of Table 2 - Allowances of Part B Monetary Rates from the date of their appointment. The allowance will be part of the member of staff’s salary for all purposes and will be adjusted in accordance with any variations applied commensurate with this Award. The allowance will also be superable.
(ii) Members of staff will be appointed to the role of Technical Co-ordinator for periods of up to two years with future appointees to be determined by merit selection through internal advertisement within the Department.
8. Hours of Work
(i) Both full-time and part-time members of staff, subject to Departmental convenience, will work a flexible working hours arrangement in accordance with the NSW Department of Primary Industries Flexible Working Hours Agreement which is a co-lateral arrangement under clause 10, Local Arrangement of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.
(ii) Members of staff cannot be required to work more than 5 hours in one continuous period without an unpaid meal break of at least 30 minutes.
9. Job Evaluation
Positions classified as Technical Staff shall be graded in accordance with the accredited Job Evaluation methodology agreed by the Department, DPE and Association and as outlined in the Department’s “Job Analysis, Job Evaluation, Classification and Grading Policies and Procedures Manual”.

10. Grievance and Dispute Settling Procedures
(i) All grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the appropriate Department, if required.
(ii) A member of staff is required to notify in writing their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.
(iii) Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti Discrimination Act 1977) that makes it impractical for the member of staff to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Department Head or delegate.
(iv) The immediate manager, or other appropriate officer, shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.
(v) If the matter remains unresolved with the immediate manager, the member of staff may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two (2) working days, or as soon as practicable. The member of staff may pursue the sequence of reference to successive levels of management until the matter is referred to the Department Head.
(vi) The Department Head may refer the matter to the DPE for consideration.
(vii) If the matter remains unresolved, the Department Head shall provide a written response to the member of staff and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.
(viii) A member of staff, at any stage, may request to be represented by the Association.
(ix) The member of staff or the Association on their behalf, or the Department Head may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.
(x) The member of staff, Association, Department and DPE shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.
(xi) Whilst the procedures outlined in subclauses (i) to (x) of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any member of staff or member of the public.
11. Appeals Mechanism
(i) A member of staff of the Department shall have the right to appeal any decision made by the Department in relation to their performance assessment review or in relation to promotion on merit from one grade to another where this is available under the provisions of this Award.
(ii) Members of staff shall submit a written submission outlining their case to the Director, Human Resources within 28 days of the decision being appealed.
(iii) The Director, Human Resources shall constitute an appeals committee made up of one Management representative, an Association representative and one peer that is acceptable to both Management and the Association.
(iv) The appeal shall be heard within 28 days of it being lodged and the recommendation of the committee shall be forwarded to the Department Head or nominee for approval.
(v) The decision of the Department Head or nominee shall be forwarded to the officer concerned within 7 working days of the appeal being heard.
(vi) This appeal mechanism shall not cover matters that are dealt with by the NSW Industrial Relations Commission or the Government and Related Employees Appeal Tribunal.
12. Anti-Discrimination
(i) 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 and age and responsibilities as a carer.
(ii) 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.
(iii) 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.
(iv) 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.
(v) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
(c) "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."
13. Deduction of Union Membership Fees
(i) The Association shall provide the employer with a schedule setting out Association fortnightly membership fees payable by members of the Association in accordance with the Association's rules.
(ii) The Association shall advise the employer of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of Association 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 Association fortnightly membership fees from the pay of any employee who is a member of the Association in accordance with the Association's rules, provided that the employee has authorised the employer to make such deductions.
(iv) Monies so deducted from employee's pay shall be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to employees' Association membership accounts.
(v) Unless other arrangements are agreed to by the employer and the Association, all Association membership fees shall be deducted on a fortnightly basis.
(vi) Where an employee has already authorised the deduction of Association membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.
14. Area, Incidence and Duration
(i) The Award shall apply to each member of staff described as a Technical Staff employee in clause 2, Definitions, in the NSW Department of Primary Industries.
(ii) The members of staff regulated by this award shall be entitled to the conditions of employment as set out in this award and, except where specifically varied by this award, existing conditions are provided for under the Public Sector Employment and Management Act 2002, the Public Sector Employment and Management Regulation 1996, the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 and the Crown Employees (Public Sector - Salaries 2007) Award or any awards replacing these awards.
(iii) This Award is made following a review under Section 19 of the Industrial Relations Act 1996, and rescinds and replaces the Crown Employees (Technical Staff - NSW Agriculture) Award published 8 April 2005 (349 I.G. 944), and all variations thereof.
(iv) The changes made to this Award pursuant to the Award Review under Section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 18 December 2007.
(v) The Award remains in force until varied or rescinded, the period for which it was made having already expired.