Department of Premier and Cabinet
Category
Department of Premier and Cabinet Circular
Identifier
C2003-33
Status
Archived

C2003-33 Variation to the Crown Employees (Public Service Conditions of Employment) Award 2002

Description:

The Crown Employees (Public Service Conditions of Employment) Award, 2002 (the Award) was varied in the Industrial Relations Commission of New South Wales on 1 August 2003. The Award applies to all officers and departmental temporary employees as defined in the Public Sector Employment and Management Act, 2002, employed in departments listed in Schedule 1 to the Public Sector Employment and Management Act, 2002. The variation to the Award is effective on and from 18 July 2003, with allowances payable from the dates specified in Clause 55 - Review of Allowances payable in terms of this award.

The changes to the Award are:

  • Variation to the allowances in Part B, Monetary Rates, Table 1 to reflect the changes required under Clause 55 - Review of allowances payable in terms of this award (see also Circular No. 2003-30 Review of Meal, Travelling and Related Allowances).
  • Variation to Clause 55 to clarify on what basis allowances are adjusted.
  • Variation to Clause 11(c) - Working Hours and Clause 92(a) - Overtime - General of the Award to reflect the decision of the State Working Hours Test Case, Matter No. 4314 of 2002.

Each clause is attached electronically as a separate file for ease of updating hard copies of the Award. To assist departments to identify the changes to the Award, the changes are indicated in bold type. The copy of the Award on the Premier's Department Website will be updated.

Please bring the changes to the Award to the attention of relevant staff within your agency.

Any enquiries should be directed to your agency's client contact officer in the Public Employment Office.

C Gellatly Director-General

Issued : Employee Relations Policy and Advice Contact: Bronwyn Dennis Email: bronwyn.dennis@premiers.nsw.gov.au Telephone no: 9228 3165 Facsimile: 9228 3577 File no: PSM/04446 PT 3 Date: This circular has not superseded any other Memorandum/Circular, but replaces the relevant sections of the Award as notified in Circular 2002-65 ____________________________________________________________

Monetary rates have been updated by C2005-31 Superseded by C2006-06 ____________________________________________________________

11. Working hours

(c) The Department Head may require a staff member to perform duty beyond the hours determined under subclause (a) of this clause but only if it is reasonable for the staff member to be required to do so. A staff member may refuse to work additional hours in circumstances where the working of such hours would result in the staff member working unreasonable hours. In determining what is unreasonable the following factors shall be taken into account:

(1) the staff member's prior commitments outside the workplace, particularly the staff member's family and carer responsibilities, community obligations or study arrangements, (2) any risk to staff member health and safety, (3) the urgency of the work required to be performed during additional hours, the impact on the operational commitments of the organisation and the effect on client services, (4) the notice (if any) given by the Department Head regarding the working of the additional hours, and by the staff member of their intention to refuse the working of additional hours, or (5) any other relevant matter.

55. Review of Allowances payable in terms of this award

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

(a) 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).

(1) clause 28. Meal Expenses on one day journeys; (2) clause 29. Travelling Allowances when staying in Non Government Accommodation; (3) clause 30. Travelling Allowances when staying in Government Owned Accommodation; (4) clause 98. Overtime meal allowances for breakfast, lunch and dinner.

 (b) Allowances payable in terms of clauses listed in this paragraph shall be adjusted on 1 July each year in line with the increases in the Consumer Price Index for Sydney during the preceding year (March quarter figures):

(1) clause 35. Camping Allowances; (2) clause 36. Composite Allowance; (3) clause 37. Allowances payable for use of private motor vehicle; (4) clause 39. Camping Equipment Allowance; (5) clause 40. Allowance for living in a remote area; (6) clause 41. Assistance to staff members stationed in a remote area when travelling on recreation leave; (7) clause 44. Room at Home used as Office; (8) clause 49. Payment of Laundry Allowance; (9) clause 51. Garage and Carport Allowance; and (10) clause 98. Overtime Meal Allowances for supper.

(c) Allowances payable in terms of clauses listed in this paragraph shall continue to be subject to a percentage increase under an Award, Agreement or Determination and shall be adjusted on and from the date or pay period the percentage increase takes effect:

(1) clause 46. On call Allowance; (2) clause 47. Flying Allowance; (3) clause 53. Community Language Allowance Scheme; (4) clause 54. First Aid Allowance.

92. Overtime - General 

(a) A staff member may be directed by the Department Head to work overtime, provided it is reasonable for the staff member to be required to do so. A staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

(1) the staff member's prior commitments outside the workplace, particularly the staff member's family and carer responsibilities, community obligations or study arrangements, (2) any risk to staff member health and safety, (3) the urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services, (4) the notice (if any) given by the Department Head regarding the working of the overtime, and by the staff member of their intention to refuse overtime, or (5) any other relevant matter.