Department of Premier and Cabinet
Category
Department of Premier and Cabinet Circular
Identifier
C2006-06
Status
Archived

C2006-06 Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 and Review of the Personnel Handbook

Description:

The Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 (the Award) was made by the Industrial Relations Commission of New South Wales (IRC) on 23 February 2006 following a notice of Award Review pursuant to s19 of the Industrial Relations Act 1996.

The Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 (the Award) was made by the Industrial Relations Commission of New South Wales (IRC) on 23 February 2006 following a notice of Award Review pursuant to s19 of the Industrial Relations Act 1996.

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 The Award is effective on and from 23 February 2006 and remains in force until varied or rescinded, the nominal term having already expired.

At Schedule A is a copy of the Award with the changes indicated in bold type. At Schedule B (below) is a list of changes noting that as a s19 Review the purpose was to modernise and update rather than provide any substantial changes to entitlements. Agencies' attention is particularly drawn to the following:

  • The Family Provisions Test Case changes to clause 12 Casual Employment and clause 72 Parental Leave were made by the IRC on 3 February 2006 effective from 19 December 2005 (also refer Premier's Memo M2005-15 Family Provisions Test Case Flow On). In addition to the Test Case standards Clause 72 amalgamates the entitlements found under the former clauses 73 (adoption leave), 77 (maternity leave) and 80 (parental leave) as well as introducing the additional benefits agreed to in the MOU to the Salaries Award (refer also Premier's Department Circular 2004-45 Public Sector Salaries Award Settlement of Claim with The Public Service Association). Clause 12 (formerly clause 11A) per the Test Case now contains provision for unpaid parental and bereavement leave and personal carers' leave for casual employees.
  • Clause 13 Part-time Employment is a new clause which reflects current policy on part-time work.
  • In a number of clauses relevant text from the Personnel Handbook has been incorporated to assist in interpretation and to move towards a stand-alone scheme of entitlement.
  • Deletion of repetitious clauses and general re-numbering of clauses has also occurred.

Please bring this revised Award to the attention of relevant staff within your agency. The Award (including any future variations) can also be found on the Premier's Department website under Working For Government > Pay & Conditions >Awards and Legislation.

Agencies are also formally advised that a fundamental review of the Personnel Handbook has now commenced with the aims of:

  • Removing duplication with primary source material, by providing links to the primary source material, ensuring consistency and ease of updating.
  • Providing guidance on the procedural application of award, policy, guidelines etc.
  • Addressing identified inconsistencies between the Personnel Handbook and primary source material.
  • Updating and modernising the format and language.
  • Developing a user friendly and modern electronic document that provides up to date document links and a useful search facility (but in a printable format).

As each redrafted chapter is completed, it is being made available to the already established agency working group and the PSA for comment. The target date for completion is December 2006.

Interim changes to the Personnel Handbook are also currently being prepared in relation to:

  • Amendments to Extended Leave (refer Premier's Department Circular 2005-50 Commencement of the amendments to the Extended Leave provisions in the Public Sector Employment and Management Act 2002 and repeal of the Transferred Officers Extended Leave Act 1961).
  • The Family Provisions Test Case.
  • Consequential changes arising from the s19 Review of the Award.

Enquiries should be directed to your client contact officer in the Public Employment Office.

C GellatlyDirector-General

___________________________________________

Updated for the Secure Employment Test Case - 22 March 06

___________________________________________

SCHEDULE B - LIST OF CHANGES

CROWN EMPLOYEES (PUBLIC SERVICE CONDITIONS OF EMPLOYMENT) REVIEWED AWARD 2006 - consolidated

Clause

Changes

1. Arrangement

Renumbering due to deletion and merging of various clauses.

2. Title

Vary 2004 to 2006

3. Definitions

· All definitions changed to reflect changed arrangements clause and to insert references to Public Sector Salaries Award 2004.

· Capital city- clarification of definition

· Casual employee - definition inserted

· Casual rate - definition deleted (replaced with definition of Use of private motor vehicle - casual rate)

· Headquarters- defined- (deleted definition of Normal headquarters -includes locations where a staff member may be required to be on a daily or regular basis as a part of their job requirements.'

· Official business rate - definition deleted (replaced with amended definition of Use of private motor vehicle - official business rate)

· Ordinary hourly rate of pay - definition inserted

· Overtime- simplified definition inserted, the following definition moved to clause 89: where a flexible working hours scheme is in operation overtime shall be deemed as the hours directed to be worked before or after the time specified in a local arrangement made pursuant to the provisions of clause 10 Local Arrangements of the Award, provided that,. On the day when Overtime is required to be performed the staff member shall not be required by the Department Head to work more than 7 hours after finishing Overtime or before commencing Overtime.

· Remote area- definition deleted as it repeats clause in Award.

· Secondment- definition amended to include reference to section 86 PSEMAct 2002 and associated guidelines.

6. Coverage

Reference to casual employees inserted following commencement of provisions if the PSEMAct 2002 in April 2004.

10. Local Arrangements

Formalising that Local Agreements must be approved in writing by the General Secretary of the Association

11. Working Hours

Reasonable Hours Test case changes made by variation of the 2002 award for the State Working Hours Case, operative 18.7.03, published 341 IG 909: 11(c) amended to allow a staff member to refuse to work additional hours which are unreasonable. In determining what is unreasonable, (c)(2) risk to health and safety, (c)(4) notice given by Department to work additional hours and (c)(5) any other relevant matter, shall be taken into account.

12. Casual Employment

Changes arising from the Family Provisions Test Case already inserted at the hearing for IRC No. 344 of 2006 on 3 February 2006 by President Wright took effect from 19 December 2005.

The clause now provides that a Department Head must not fail to re-engage a casual employee following an absence on parental leave (sub clause (iv)(d)(i)); unpaid personal carers' entitlement for casual employees (sub clause (v)); and bereavement entitlement for casual employees (sub clause (vi)).

13. Part-time employment

New part-time employment clause inserted reflecting current policy on part-time work.

17. Natural emergencies and major transport disruptions

New subclause (b) inserted to reflect Personnel Handbook Provision.

23. Non-compliance

Appendix C of the Premier's Department Performance Management Policy and Guidelines December 1998 replaced with reference to the Commentary and Guidelines on Conduct and Performance Provisions - Part 7 of the Act.

27. Excess travelling time

Subclause (a) clarified that provision relates where staff member required to perform duty at a location other than normal headquarters

Subclause (b)(1) amended to be made subject to subclauses (c)(4), (5), (6) and (7).

In accordance with clarification in Personnel Handbook subclause (b) (2) clarified that compensation payable for time spent travelling on official business outside the usual hours of duty.

Subclause (c) (5) clarified that compensation for excess travelling time shall also exclude travel not undertaken by the most practical and economic means of transport.

As subclause (e) (5) and (7) repeat the general exclusions in the former subclauses (c) and (d), (c) and (d) have been deleted because are adequately addressed in previous subclauses (e)(5) and (e)(7). Due to deletion of (c) and (d), clause has been re-numbered.

30. Travelling Allowances when staying in Non Government Accommodation

Subclause (8) inserted to make reflect arrangements under new PSEM Act and agreed guidelines with the PSA.

Subclause (1) amended to be made subject to subclause (8).

37. Composite Allowance

In subclause (b), references to 'casual rate' and 'official business rate' changed to references to 'motor vehicle allowance - casual rate' and 'motor vehicle allowance - official business rate' to reflect changes made in the definitions clause.

In accordance with clarification in Personnel Handbook subclause (d) clarified that an election under subclause (c) is revocable 12 months after it is made unless the staff member changes classification.

Subclauses (e), (g) and (h) inserted to provide clarifications from the Personnel Handbook.

38. Allowance Payable for Use of Private Motor Vehicle

In accordance with clarification in Personnel Handbook subclause (d) inserted to describe the nature of deductions made to the allowance. Headquarters for itinerant workers described.

Subclause (h) inserted regarding use of private motor vehicle during a public transport disruption which previously only appeared in the Personnel Handbook.

41. Allowance for living in a remote area

Subclause (b) (1) brings in remote areas from the Definitions to accord with subclauses (b) (2) and (b) (3).

Subclause (c)-(g) as to the actual rates payable inserted which previously only appeared in the Personnel Handbook.

42. Assistance to Staff Members Stationed in a Remote Area When Travelling on Recreation Leave

Subclause (a) (1) brings in remote areas from the Definitions.

Subclause (b) clarifies that Dependant has the same meaning as clause 41(d)

In accordance with clarification in Personnel Handbook subclause (c) inserted that clause does not apply to staff members who have less than three years service and who, at the date of engagement, were resident in the defined area.

45. Room at Home Used as Office

Clarify that entitlements under subclauses (a) and (b) are alternatives not cumulative.

48. Uniforms, Protective Clothing and Laundry Allowance

Provisions on Uniforms, Protective Clothing and Laundry Allowance amalgamated into one clause.

Clarify that entitlements are alternatives not cumulative.

52. Community Language Allowance Scheme

Clauses (b) and (c) have been extracted from the Personnel Handbook and inserted into the Award as they assist in interpretation of this clause on payment of Community Language Allowance.

53. First Aid Allowance

First Aid Allowance clause ahs been varied to insert clauses (b) (c) and (f) which are extracted form the Personnel Handbook and assist in interpreting the clause.

54. Review of Allowances payable in terms of this award

Sub clause (b) (8) clarifies that Laundry allowance has been amalgamated into clause 48

Sub clause (c) (1) clarifies that former clause 46 (on-call) has been deleted and amalgamated with clause 93 (standby)

56. Trade Union activities regarded as special leave

Subclause (c) and (d) references 'Labor Council of NSW' deleted and replaced with 'Unions NSW'.

69. Leave - General Provisions

Words 'unless otherwise specified in this award' inserted into subclause (c).

72. Parental Leave

Changes arising from the Family Provisions Test Case were inserted at the hearing for IRC No. 344 of 2006 on 3 February 2006 by President Wright with effect from 19 December 2005. This clause now amalgamates the entitlements found under the former clauses 73 (adoption leave), 77 (maternity leave) and 80 (parental leave) as well as incorporating relevant extracts from the Personnel Handbook which assist in interpreting the clause.

Key changes to reflect the Family Provisions Test Case include:

  1. The right to request an additional 12 months unpaid parental leave (sub-clause 72 (h)(1))
  2. The right to request a return to work on a part-time basis until the child reaches school age (sub-clause 72 (h)(1))
  3. Communication during parental leave (sub clause 72 (s))

Prior to the Family Provisions Test Case changes, employees could with the permission of their Department Head take their parental leave entitlement part-time over the course of 2 years. Sub clause 72 (h) now replaces that provision.

An employee who is on parental leave and then takes another period of parental leave (i.e. because the employee or their partner becomes pregnant, or adopts another child, while on parental leave) without resuming normal hours of work, is only entitled to their normal rate of pay for that period of leave if they have taken no more than 12 months full time parental leave or its part-time equivalent (sub clause 72 (f)).

In relation to the right to request under sub-clauses 72 (h)(1), the Department Head must not unreasonably refuse such a request (see sub-clause 72 (h)(2)). If a request is approved per sub-clause 72 (h), sub-clause 72 j (1) provides that they have right of return to their former position if they resume duty immediately after the period ends.

Per sub clause 72 (p) employees also have the ability to take recreation leave at half-pay in conjunction with parental leave.

74. Family and Community Service Leave

Subclause (a) amended to include the scheduling of non-emergency appointments or duties outside normal working hours, where possible.

Subclause (c) inserted, confirming that definitions of 'family' and 'relative' are the same as for clause 82(c)(2).

Subclause (e) separated from subclause (d), and additional FACS leave under (e) made subject to available FACS leave being exhausted.

Subclause (g) inserted, making provision for the Department Head to grant other forms of leave (eg, recreation leave) for FACS leave purposes.

76. Military Leave

Military Leave Top up Pay has been amended to reflect entitlements which have been notified by Circular since the Award was last amended. Subclauses (e), (f), and (g) inserted to reflect this.

Subclause (b) inserted, clarifying that it is unlawful to prevent a staff member from rendering ordinary defence Reserve service

Subclause (d) inserted covering special leave of up to one day to attend medical examinations re part-time volunteer member of the ADF.

78. Recreation Leave

Recreation leave clause has been amended to remove reference to definition of remote area which is already in the clause and no longer in the definitions section. Also amended to refer to revised parental leave section.

Subclause (d)(7) inserted to make provision for recreation leave to be taken at half pay in conjunction with parental leave.

This clause has also been amended to insert text from the personnel handbook which specifies when recreation leave does not accrue as it was more logical to spell this out in the Award rather than having to refer to the handbook.

80. Sick Leave

Subclause (a) inserted to provide definition of 'illness' for purpose of clauses 80, 81 and 82.

Sick Leave clauses 80 (c) (1), (2) and (3) and 80 (d) (3) and (8) have been amended to insert relevant references from personnel handbook which spell out the existing entitlements in greater detail.

81. Sick Leave - Requirements for Medical Certificate

Subclause (b) has been amended to insert reference to relevant extract from personnel handbook which assists in interpreting this clause.

85. Special Leave

This clause has been amended at subclause (e)(3) to insert reference to relevant extract from personnel handbook which assists in interpreting this clause.

Subclause (i) amended to clarify that special leave can be taken pre, during or post NAIDOC week, subject to negotiation.

89. Overtime - General

Reasonable Hours Test case changes made by variation of the 2002 award for the State Working Hours Case, operative 18.7.03, published 341 IG 909: 89(a) amended to allow a staff member to refuse to work additional hours which are unreasonable. In determining what is unreasonable, (a)(2) risk to health and safety, (a)(4) notice given by Department to work additional hours and (a)(5) any other relevant matter, shall be taken into account.

Subclause c) includes the requirements relating to working overtime where a clause 10 local arrangement applies which were deleted from the simplified definition of Overtime in clause 3 - definitions. The section reads better here as it was not really part of the definition of overtime.

93. On call (Stand-by) and On call Allowance

This clause has been revised in order to merge clause 48 (on call ) with the current standby clause.

95. Overtime Meal Allowances

Sub clauses b), c) and d) have been inserted due to merging of various sections of award and handbook to ensure clarity.

101A. Secure Employment - Occupational Health and Safety

Variation made on 10 March 2006 pursuant to the Full Bench decision on the Secure Employment Test Case with effect from 1 March 2006 (IRC 1284 of 2006). For Departments listed in Schedule 1 to the PSEMA 2002 (i.e. those covered by this award) only the OH&S model clause was applicable. Model clause provides labour hire workers/contractors with relevant OH&S induction training, protective equipment and ensure that labour hire workers/contractors are made aware of any risks in the workplace.

103. Area, Incidence and Duration

The Area, Incidence and Duration Clause has been varied to reflect the changes made to the award and the expiry date of the Award.

Part B Monetary Rates

Amended to reflect changes in arrangements and numbering of main body of the Award and latest rates as per the latest Circular issued.

Schedule B Part A

Amended to insert reference to the following new classifications who need to be listed:

Clinical Neuropsychologist - Department of Corrective Services

Clerks, Psychologists, Welfare Officers -- Transitional Centre, Metropolitan Remand and Reception Centre (IDS) -- Department of Corrective Services

Schedule B Part B

Amended to delete reference to clerks, psychologists and welfare officers, Department of Corrective Services.