The Crown Employees ( Public Service Conditions of Employment 1997 ) Award (the Award) was made in the Industrial Relations Commission of New South Wales on 28 October 1997. The Award applies to all staff employed in Departments listed in Schedule 1 to the Public Sector Management Act 1988 and is effective on and from 28 October 1997. The term of the Award is three years.

The Award is the outcome of commitments given under the Framework Agreement to the Crown Employees ( Public Sector Salaries August 1995 ) Award and carried forward under the Crown Employees ( Public Sector Salaries June 1997 ) Award. A copy of the Award is attached. An expanded index for the Award is also attached for ease of access.

The Award rescinds and replaces the following awards:

• Crown Employees ( Travelling Compensation ) Award
• Crown Employees ( Overtime ) Award
• Crown Employees ( Holidays ) Award

As a consequence of the Award, the following Agreements made pursuant to the Public Sector Management Act 1988 are also rescinded and replaced:

• Flexible Working Hours Agreement No 2275 of 1980
• Annual Leave and Compensation for Saturdays, Sundays and Public Holidays Agreement No 2225 of 1977
• Technological Change Agreements Nos 2457 of 1983 and 2460 of 1984

While the Award recognises well established custom and practice in the Public Service it is also designed to provide flexibility to Departments to enter into local arrangements, as appropriate.

The Award covers hours of duty, shiftwork and overtime, leave, trade union activities and allowances. Other conditions being considered for inclusion in the Award are continuing to be negotiated with the Public Service Association of New South Wales and will be included by a consent variation once agreement is reached. They include, among other things, those arrangements for transferred officers and travelling compensation.

The Award supersedes those parts of the Personnel Handbook covered by the Award. Arrangements are in hand to make appropriate amendments to the Handbook.

Public Sector organisations which have utilized or adopted conditions and/or rates from awards and agreements rescinded by the making of this Award will need to consider appropriate changes to industrial instruments.

Separate approval has been given to increases to travelling, meal and related allowances effective from 1 September 1997. The Award will be varied in due course to reflect these increases and advice of the new rates will follow shortly.

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

Any enquiries should be directed to your agency's client contact officer.

C. Gellatly
Director-General

 

CROWN EMPLOYEES (PUBLIC SERVICE CONDITIONS OF EMPLOYMENT 1997) AWARD

Industrial Relations Commission of New South Wales

(No. IRC 4942 of 1997)

AWARD

Arrangement

PART A

Clause No. Subject Matter

1. Arrangement (page 2)

2. Title (page 4)

3. Definitions (pages 4-10))

4. Application (page 10)

5. Conditions of Employment (page 10)

6. Coverage (page 11)

7. Statement of Intent (page 11)

8. Work Environment (page 11-12)

9. Grievance and Dispute Settling Procedures (page 12-13)

10. Local Arrangements (page 13)

11. Hours of Duty (pages 13-21)

12. Allowances (pages 22-36)

13. Trade Union Activities (pages 36-43)

14. Leave (pages 43-69)

15. Shift Work and Overtime (pages 69-81)

16. Existing Entitlements (page 81)

17. Area, Incidence and Duration (page 81)

PART B

MONETARY RATES

Table 1-Reimbursement of Expenses (pages 84-87)

Table 2-Allowances for Use of Skills (page 88)

Schedule A (page 82)

Schedule B (page 83)

2. Title

This award shall be known as the Crown Employees (Public Service Conditions of Employment) Award 1997.

3. Definitions

'Act' means the Public Sector Management Act 1988.

'Accumulation' means the accrual of leave or time. In respect of weekly study time 'accumulation' means the aggregation of short periods of weekly study time which is granted for private study purposes.

'Agreement' means an agreement referred to in section 64 of the Act or an agreement as defined in the Industrial Relations Act 1996.

'Approved Course' means a course which is relevant to the employment of the staff member in the department or the public service and one which has been approved by the Department Head.

'Association ' means the Public Service Association of New South Wales.

'At the convenience of' means the operational requirements permit the staff member=s release from duty or that satisfactory arrangements are able to be made for the performance of the staff member=s duties during the absence.

'Award' means an award as defined in the Industrial Relations Act 1996.

A Birth means the birth of a child and includes stillbirth.

'Casual rate'means the appropriate rate payable in respect of a motor vehicle maintained by the staff member for private purposes but which the staff member may elect to use with the approval of the Department Head for occasional travel on official business, subject to the allowance paid for such travel not exceeding the cost of travel by public or other available transport.

'Daily rate' means the rate payable for 24 hours, unless otherwise specified.

'Dayworker' means a staff member, other than a shift worker, who works the ordinary hours from Monday to Friday inclusive between the hours of 7.30a.m. and 6.00p.m. or as negotiated under a local arrangement.

'Department' means a department specified in Column 1 of Schedule 1 to the Act.

'Department Head' means the chief executive officer of a department as defined in the Act or a person authorised by the Department Head.

'Expected date of birth', in relation to a staff member who is pregnant, means a date specified by her medical practitioner to be the date on which the medical practitioner expects the staff member to give birth as a result of the pregnancy.

'Extended leave' means extended (long service) leave to which a staff member is entitled under the provisions of Schedule 5 to the Public Sector Management Act 1988, as amended from time to time.

'Flexible working hours credit' means the time which exceeds the contract hours for a settlement period and is able to be banked under a local arrangement negotiated pursuant to clause 10, Local Arrangements of this award or carried over into the next settlement period.

'Flexible working hours debit' means the debit which occurs when the actual hours worked 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 period.

'Flexible working hours scheme' means the scheme outlined in subclause (vii) of clause 10, Hours of Duty of this award which enables staff members, subject to operational requirements, to select their starting and finishing times and which replaces the Flexible Working Hours Agreement No 2275 of 1980.

'Flexible Work Practices, Policy and Guidelines' means the document negotiated between the Public Employment Office, the Labor Council of New South Wales and affiliated unions which enables staff members to rearrange their work pattern.

'Flexleave' means a period of leave available to be taken by a staff member as specified in paragraph (n) of subclause (vii) of clause 11, Hours of Duty, of this award.

'Framework Agreement'means the document negotiated between the Public Employment Office, the Public Service Association of New South Wales and the Professional Officers' Association of New South Wales under the Crown Employees (Public Sector Salaries 1995) Award.

'Full day' means the standard fulltime contract hours for the day, i.e., 7 or 8 hours depending on the classification of the staff member.

'Full pay' or 'half pay' means the staff member=s ordinary rate of pay or half the ordinary rate of pay respectively.

'Full-time contract hours' means the standard weekly hours, i.e., 35 or 38 hours per week, depending on the classification, required to be worked as at the date of this award.

'Full-time position'means a position which is occupied, or if not for being vacant, would be occupied, by a full-time staff member.

'Full-time staff member'means a staff member whose ordinary hours of duty are specified as such in a formal industrial instrument or whose contract hours are equivalent to the full-time contract hours for the job classification.

'Government accommodation' means accommodation owned, leased or arranged by the Government where a staff member may be directed to reside for a specified period of time.

'Half day'means half the standard contract hours for the day.

'Headquarters'means the centre to which a staff member is attached or from which a staff member is required to operate on a long term basis.

'Industrial action' means industrial action as defined in the Industrial Relations Act 1996.

'Local Arrangement' means an agreement reached at the organisational level between the Department Head and the relevant trade union in terms of clause 10, Local Arrangements of this award.

'Local holiday' means a holiday which applies to a particular township or district of the State and which is not a public holiday throughout the State.

'Normal hours of duty' means:

for a staff member working standard hours-the fixed hours of duty, with an hour for lunch, worked in the absence of flexible working hours;

for a staff member working under a flexible working hours scheme or local arrangement-the bandwidth specified under the scheme or local arrangement.

'Normal work', for the purposes of subclause (x) of clause 9 Grievance and Dispute Settling Procedures of this award, means the work carried out in accordance with the staff member's position or job description at the location where the staff member was employed, at the time the grievance or dispute was notified by the staff member.

'Official business rate'means the appropriate rate of allowance payable for the use of a private motor vehicle where no other transport is available and such use is directed by the Department Head and agreed to by the staff member or where the staff member is unable to use other transport due to a disability.

'Official overseas travel' means authorised travel out of Australia by a staff member where the staff member proceeds overseas on official business.

'On duty' means the time required to be worked for the department. In terms of clause 13, Trade Union Activities of this award, 'on duty' means the time off with pay given by the department to the accredited union delegate to enable the union delegate to carry out legitimate trade union activities during ordinary work hours without being required to lodge an application for leave.

'On loan' means an arrangement between the department and the trade union

where a staff member is given leave of absence from the workplace to take up

employment with the staff member's trade union for a specified period of time during which the trade union is required to reimburse the department for the staff member=s salary and associated on-costs.

'On special leave' means the staff member is required to apply for special leave

in order to engage in an activity which attracts the grant of special leave in the terms of this award.

'Overtime'means all time worked, whether before or after the ordinary daily hours of duty, at the direction of the Department Head, which, due to its character or special circumstances, cannot be performed during the staff member's ordinary hours of duty. Where a flexible working hours scheme is in operation, overtime shall be deemed as the hours directed to be worked before or after bandwidth or before or after the time specified in a local arrangement made pursuant to the provisions of clause 10, Local Arrangements of this 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.

'Part-time entitlement', unless specified otherwise in this award, means pro rata of the full-time entitlements calculated according to the number of hours a staff member works in a part-time position or under a part-time arrangement.

'Part-time hours' means the hours which are less than the hours which constitute full-time work under the relevant industrial instrument.

'Part-time position' means a a designated part-time position and, unless otherwise specified, includes any position which is filled on a part-time basis.

'Part-time staff member' means a staff member whose ordinary hours of duty are specified as part-time in a formal industrial instrument or whose contract hours are less than the full-time hours.

'Prescribed ceasing time'means, for a staff member working standard hours, the conclusion of daily standard hours for that staff member. For a staff member working under a flexible working hours' scheme, 'prescribed ceasing time' means the conclusion of bandwidth of the scheme applying to that staff member.

'Prescribed starting time' means, for a staff member not working under a flexible working hours scheme, the commencement of standard daily hours of that staff member. For a staff member working under a flexible working hours scheme, 'prescribed starting time' means the commencement of bandwidth of the scheme applying to that staff member.

'Public Employment Office' or 'PEO' means the Public Employment Office established under Division 2A of the Public Sector Management Act 1988.

'Public holiday'means a bank or public holiday under the Banks and Bank Holidays Act 1912, but does not include a Saturday which is such a holiday by virtue of section 15A of that Act, and 1 August or such other day that is a bank holiday instead of 1 August.

'Recall to duty'means those occasions when a staff member is directed to return to duty outside the staff member's ordinary hours or outside the bandwidth in the case of a staff member working under a flexible working hours scheme.

'Relief staff' means staff employed on a temporary basis to provide relief in a position until the return from authorised leave of the substantive occupant or in a vacant position until it is filled substantively.

'Remote area --- living allowances means an area of the State situated on or to the west of a line starting from the right bank of the Murray River opposite Swan Hill and then passing through the following towns or localities in the following order, namely: Conargo, Coleambally, Hay, Rankins Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, and includes a place situated in any such town or locality.

'Remote area --- recreation leave accrual'means the Western and Central Division of the State described as such in the Second Schedule to the Crown Lands Consolidation Act 1913.

'Remote area --- travelling on recreation leave' means an area of the State of New South Wales situated to the west of the 144th meridian of longitude or such other area to the west of the 145th meridian of longitude as determined by the Public Employment Office.

'Residence', in relation to a staff member, means the ordinary and permanent place of abode of the staff member.

'Rostered Day Off' means, for the purposes of subclause (ix) of clause 11, Hours of Duty, a day off in a regular cycle at a time operationally convenient.

A Seasonal staff means staff employed on a temporary basis for less than three months to meet seasonal demands which cannot be met by staff already employed in the department and which, because of their seasonal nature, do not justify employment of staff on a long-term basis.

'Secondment' means an arrangement agreed to by the Department Head, the staff member and another public service department, a public sector organisation or a private sector organisation which enables the staff member to work in such other organisation for an agreed period of time and under conditions agreed to prior to the commencement of the period of secondment.

'Shift worker --- Continuous Shifts' means a staff member engaged in work carried out in continuous shifts throughout the 24 hours of each of at least six consecutive days without interruption except during breakdown or meal breaks or due to unavoidable causes beyond the control of the Department Head.

'Shift worker --- Non-continuous Shifts' means a staff member who is not a 'day worker' or a 'shift worker - continuous shifts', as defined above.

'Short leave'means the leave which was available to be granted to staff in the case of pressing necessity and which was replaced by the family and community service leave from 20 September 1994.

'Staff member' means an officer or a temporary employee as defined in the Act and, unless otherwise specified in this award, includes both full-time and part-time staff. For the purposes of subclause (xi) of clause 14, Leave of this award , 'staff member' means a female staff member.

'Standard hours' are set and regular hours of operation as determined by the PEO, or by the Department Head in accordance with any direction of the PEO. Standard hours are generally the hours which were in operation prior to the introduction of flexible working hours or have been determined as standard hours for the organisation since the introduction of flexible working hours.

'Standby'means an instruction given by the Department Head to a staff member to be available for immediate contact in case of an authorised call-out requiring the performance of duties.

'Study leave' means leave without pay granted for courses at any level or for study tours during which financial assistance may be approved by the Department Head, if the activities to be undertaken are considered to be of relevance or value to the department and/or the public service.

'Study Time' means the time allowed off from normal duties on full pay to a staff member who is studying in a part-time course which is of relevance to the department and/or the public service, as defined in the Public Sector Management Act 1988.

'Supervisor' means the immediate supervisor or manager of the area in which a staff member is employed or any other staff member authorised by the Department Head to fulfil the role of a supervisor or manager, other than a person employed as a consultant or contractor.

'Temporary work location' means the place at or from which a staff member temporarily performs official duty if required to work away from headquarters.

'Trade Union' or 'Union'means a registered trade union, as defined in the Industrial Relations Act 1996.

'Trade Union Delegate' means an accredited union delegate responsible for his/her workplace; and/or a person who is elected by the trade union as its representative, an executive member or a member of the union=s Council.

'Trade Union Official' means a person who is employed by the union to carry out duties of an official in a permanent or temporary capacity, including elected full-time officials and/or staff members placed on loan to the union for an agreed period of time.

'Workplace' means the whole of the organisation or, as the case may be, a branch or section of the organisation in which the staff member is employed.

'Workplace Management' means the Department Head or any other person authorised by the Department Head to assume responsibility for the conduct and effective, efficient and economical management of the functions and activities of the organisation or part of the organisation.

4. Application

This award is between the Public Employment Office and the Public Service Association of New South Wales.

5. Conditions of Employment

This award contains the current common conditions of employment as negotiated by the parties in terms of the Framework Documents under the Crown Employees (Public Sector - Salaries August 1995) Award.

6. Coverage

The provisions of this award shall apply to staff employed in departments listed in Schedule 1 to the Act.

7. Statement of Intent

This award aims to consolidate, in the one document, all common conditions of employment of staff employed in departments, to encourage the consultative processes at the service-wide and the various organisational levels, to facilitate, as appropriate, greater flexibility in the workplace and to help ensure that the excess hours, accumulated as a result of departmental work requirements, are not forfeited.

8. Work Environment

(i) Occupational Health and Safety --- The parties to this award are committed to achieving and maintaining accident-free and healthy workplaces in Government organisations covered by this award by:

(a) the development of policies and guidelines for the New South Wales public service and, as and when appropriate for individual organisations, on Occupational Health, Safety and Rehabilitation;

(b) consultative mechanisms and structures being established within Government organisations or, as appropriate, between organisations located within a building, to identify and introduce safe systems of work, safe work practices, working environments; to develop strategies to assist the rehabilitation of injured staff members; and to determine the level of responsibility to achieve these objectives. This will assist to achieve the objects of the Occupational Health and Safety Act 1983 and the Regulations and Codes of Practice made under the Act

(c) identifying training strategies for staff members, as appropriate, to assist in the recognition, elimination or control of workplace hazards and the prevention of work related injury and illness.

(d) directly involving the appropriate Department Head in the provisions of paragraphs (a) to (c) inclusive of this subclause.

(ii) Equality in employment --- The NSW Public Service is committed to the achievement of equality in employment and the award has been drafted to reflect this commitment.

(iii) Harassment-free Workplace --- Harassment on the grounds of sex, race, marital status, physical or mental disability, sexual preference, transgender or age is unlawful in terms of the Anti-Discrimination Act 1977. Management and staff of departments are required to refrain from, or being party to, any form of harassment in the workplace.

9. 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 staff member 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) The immediate manager shall convene a meeting in order to resolve the groevance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

(iv) If the matter remains unresolved with the immediate manager, the staff member 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. This sequence of reference to successive levels of management may be pursued by the staff member until the matter is referred to the Department Head.

(v) The Department Head may refer the matter to the PEO for consideration.

(vi) If the matter remains unresolved, the Department Head shall provide a written response to the staff member 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.

(vii) A staff member, at any stage, may request to be represented by their union.

(viii) The staff member or the union 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.

(ix) The staff member, union, department and PEO shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

(x) Whilst the procedures outlined in subclauses (i) to (ix) 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 staff member or member of the public.

10. Local Arrangements

(ii) All local arrangements negotiated between the Department Head and the relevant trade union must be:-

(a) approved by the PEO; and

(b) contained in a formal document, such as a co-lateral agreement, a memorandum of understanding, an award, an enterprise agreement or other industrial instrument.

(iii) Subject to the provisions of subclause (ii) of this clause, nothing in this clause shall prevent the negotiation of local arrangements between the Department Head and the relevant trade union in respect of the provisions contained in subclause (vii) of clause 11, Hours of Duty of this award, where the conditions of employment of any group are such that the application of the standard flextime provisions would not be practicable.

11. Hours Of Duty

(i) Hours of attendance on duty

(a) The hours of attendance on duty by members of staff and the manner of recording the attendance, shall be as determined from time to time by the Department Head in accordance with any direction of the PEO. Such direction will include the definition of full time contract hours contained in clause 3, Definitions of this award.

(b) The Department Head may require a staff member to perform duty beyond the hours determined under paragraph (a) of subclause (i) of this subclause but only if it is reasonable for the staff member to be required to do so. In determining what is reasonable, the staff member's prior commitments outside the workplace, particularly the staff member's family responsibilities, community obligations or study arrangements shall be taken into account. Consideration shall be given also to 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.

(c) The application of hours of work is subject to the provisions of this clause.

(ii) Working Hours

(a) The ordinary hours may be standard or flexible and may be worked on a full time or part-time basis.

(b) The Department Head shall ensure that all staff members employed in the department are informed of the hours of duty required to be worked and of their rights and responsibilities in respect of such hours of duty.

(c) Morning and Afternoon Breaks --- Staff members may take a 10 minute morning break, provided that the discharge of public business is not affected and, where practicable, they do so out of the view of the public contact areas. Staff members, other than the 38- hour week workers, may also take a 10 minute afternoon break, subject to the same conditions as apply to the morning break.

(d) Meal breaks --- meal breaks must be given to and taken by staff members. No staff member shall be required to work continuously for more than 5 hours without a meal break, provided that:-

(1) where the prescribed break is more than 30 minutes, the break may be reduced to not less than 30 minutes if the staff member agrees. If the staff member requests to reduce the break to not less than 30 minutes, the reduction must be operationally convenient; and

(2) where the nature of the work of a staff member or a group of staff members is such that it is not possible for a meal break to be taken after not more than 5 hours, local arrangements may be negotiated between the Department Head and the relevant trade union to provide for payment of a penalty.

(e)Variation of Hours --- If the Department Head is satisfied that a staff member is unable to comply with the general hours operating in the department because of limited transport facilities, urgent personal reasons, community or family reasons, the Department Head may vary the staff member=s hours of attendance on a one off, short or long term basis, subject to the following:

(1) the variation does not adversely affect the operational requirements;

(2) there is no reduction in the total number of daily hours to be worked;

(3) variation is not more than an hour from the commencement or finish of the span of usual commencing and finishing time;

(4) a lunch break of one hour is available to the staff member, unless the staff member elects to reduce the break to not less than 30 minutes;

(5) no overtime or meal allowance payments are made to the staff member, as a result of an agreement to vary the hours;

(6) ongoing arrangements are documented; and

(7) the relevant trade union is consulted, as appropriate, on any implications of the proposed variation of hours for the work area.

(f) Natural emergencies and major transport disruptions --- A staff member prevented from attending work at a normal work location by a natural emergency or by a major transport disruption may:

(1) apply to vary the working hours as provided in paragraph (e) of subclause (iii) of this clause and/or

(2) negotiate an alternative working location with the department; and/or

(3) take available family and community service leave and/or flex leave, recreation or extended leave or leave without pay according to the provisions of clause 14, Leave of this award to cover the period concerned.

(g) Assistance with transport --- The extent of any assistance by the department with transport of a staff member between the workplace and residence or part of the distance involved, shall be determined by the Department Head according to the provisions contained in clause 15, Shift Work and Overtime of this award.

(iii) Notification of Absence from Duty

(a) If a staff member is to be absent from duty, other than on authorised leave, the staff member must notify the supervisor, or must arrange for the supervisor to be notified, as soon as possible, of the reason for the absence.

(b) If a staff member is absent from duty without authorised leave and does not provide an explanation of the absence to the satisfaction of the appropriate Department Head, the amount representing the period of absence shall be deducted from the staff member=s pay.

(iv) Public Holidays

(a) Unless directed to attend for duty by the Department Head, a staff member is entitled to be absent from duty on any day which is:

(1) a public holiday throughout the State; or

(2) a local holiday in that part of the State at or from which the staff member performs duty; or

(3) a day between Boxing Day and New Year=s Day determined by the appropriate Department Head as a public service holiday.