See also explanation

The Crown Employees (Public Service Conditions of Employment 1997) Award was varied by the Industrial Relations Commission of New South Wales on 13 February 1998. The attached variations apply from the first pay period to commence on or after 13 February 1998 to all staff employed in Departments listed in Schedule 1 to the Public Sector Management Act 1988.

The variations:

(a) bring the items contained in Part B - Rates up to date, that is, to reflect the 1.6% increase in the rates effective from 1 September 1997 and notified in Circular No 97-67;

(b) clarify some of the conditions contained in the Award; and

(c) give effect to the changes in the payment of travelling allowances, as negotiated between the parties subsequent to the making of the Award.

The variations to the Award, in particular the travelling compensation arrangements, are commended to public sector organisations for implementation and, where appropriate, variation of industrial instruments.

Any enquiries should be directed to your agencys client contact officer.

C. Gellatly
Director-General

SCHEDULE 2

VARIATION

1. Delete paragraph (b) of subclause (i) of Clause 12. Allowances of the Crown Employees (Public Service Conditions of Employment 1997) Award, and insert in lieu thereof, the following:

(b) The Department Head shall require staff members to obtain an authorisation for all official travel prior to incurring any travel expense.

(c) Where available at a particular centre or location, the overnight accommodation to be occupied by staff members who travel on official business shall be of the middle of the range standard, referred to generally as three star or three diamond standard of accommodation.

(d) Where payment of a proportionate amount of an allowance applies in terms of this clause, the amount payable shall be the appropriate proportion of the daily rate. Any fraction of an hour shall be rounded off to the nearest half-hour.

2. Delete paragraph (e) of subclause (ii) of Clause 12. Allowances, and insert in lieu thereof the following:

(e) Compensation for excess travelling time shall exclude the following:

(1) time normally taken for the periodic journey from home to headquarters and return;

(2) any periods of excess travel of less than 30 minutes on any one day;

(3) travel to new headquarters on permanent transfer, if special leave has been granted for the day or days on which travel is to undertaken;

(4) time from 11.00p.m. on one day to 7.30a m. on the following day if sleeping facilities have been provided.

(5) travel not undertaken by the most practical available route;

(6) working on board ship where meals and accommodation are provided;

(7) any travel undertaken by a member of staff whose salary includes an 'all incidents of employment component;

(8) travel overseas.

3. Delete subparagraph (3) of paragraph (k) of subclause (ii) of Clause 12 Allowances, and insert in lieu thereof the following:

(3) lunch when required to travel a total distance on the day of at least 100 kilometres and, as a result, is located at a distance of at least 50 kilometres from the staff members normal headquarters at the time of taking the normal lunch break.

4. Delete subparagraphs (3) and (4) of paragraph (l) of subclause (ii) of Clause 12 Allowances, and insert in lieu thereof, the following:

(3) For the purposes of claims at the set rate under subparagraph (2) of this paragraph, only absences of 24 hours duration and which involve an overnight stay shall attract payment of the full daily rate. Nevertheless payment of the appropriate allowance may be made where the staff member satisfies the Department Head that, despite the period being of less than 24 hours duration, expenditure for accommodation and three meals has been incurred. Where a staff member is unable to so satisfy the Department Head or where some part day travel at the end of the trip is involved, the allowance payable for part days of travel shall be limited to the actual expenses incurred during such part day travel.

(4) A claim under this subclause shall not be made at the set rate for part of the absence (see subparagraph 3 of this paragraph) and then on the basis of actual expenses for the other part of the absence.

(5) Notwithstanding the provisions of subparagraph (2) of this paragraph, the Department Head shall determine the method of payment of allowances claimed in terms of this paragraph.

(6) After the first 35 days and up to 6 months ---- Subject to this clause, a staff member shall be paid an allowance at the rate set in Item 2 of Table 1 of Part B Rates provided that the allowance paid to a staff member temporarily located in Broken Hill shall be increased by one-fifth.

5. Delete subparagraph (4) of paragraph (n) of subclause (ii) of Clause 12. Allowances, and insert in lieu thereof, the following:

(4) Notwithstanding subparagraphs (1), (2) or (3) of this paragraph, a staff member in receipt of an allowance under subclauses (ii) (l) or (ii) (m) of this clause who is granted special leave to return to their residence at a weekend, shall be entitled to an allowance under subclause (ii) (l) in respect of the necessary period of travel for the journey from the temporary work location to the staff members residence; and for the return journey from the staff members residence to the temporary work location, but is not entitled to any allowance under this subclause, or any other allowance, in respect of the same period.

6. Delete subparagraph (5) of paragraph (n) of subclause (ii) of Clause 12. Allowances and insert in lieu thereof, the following:

(5) Notwithstanding subparagraphs (1), (2) or (3) of this paragraph, a staff member in receipt of an allowance under this subclause who, on ceasing to perform duty at or from a temporary work location, leaves that location shall be entitled to an allowance in accordance with subclause (ii) (l) of this cause in respect of the necessary period of travel to return to the staff members residence or to take up duty at another temporary work location, but is not entitled to any other allowance in respect of the same period.

7. Insert a new paragraph, paragraph (q), in subclause (ii) of Clause 12. Allowances, as follows:

(q) Travelling distance --- The need to obtain overnight accommodation shall be determined by the Department Head having regard to the safety of the staff member or members travelling on official business and local conditions applicable in the area. Where staff members are required to attend conferences or seminars which involve evening sessions or staff members are required to make an early start at work in a location away from their normal workplace, overnight accommodation shall be appropriately granted by the Department Head.

8. Insert a new paragraph, paragraph (c), in subclause (iv) of Clause 12. Allowances, as follows:

(c) A staff member who provides own bedding and sleeping bag while camping on official business, shall be paid an additional allowance at the rate specified in Item 5 of Table 1 of Part B Rates.

9. Delete subclause (xviii) of Clause 12. Allowances, and insert in lieu thereof, the following:

(xviii) Garage and Carport Allowance

(a) Where a staff member garages a departmental vehicle in their own garage or carport and the use of the garage or carport is considered essential by the Department Head, such staff member shall be paid an appropriate rate of allowance as specified in Item 14 of Table 1 of Part BRates.

(b) Payment of the garage or carport allowance shall continue during periods when the staff member is absent from headquarters.

10. Delete paragraph (g) of subclause (xi) of Clause 14. Leave, and insert in lieu thereof, the following:

(g) Except as provided in paragraph (f) of this subclause, maternity leave shall be granted without pay.

11. Delete paragraph (a) of subclause (vii) of Clause 15 Shift Work and Overtime, and insert in lieu thereof, the following:

(a) If an adequate meal is not provided by the department, a meal allowance shall be paid by the department for meal breaks taken pursuant to subclause (vi) Meal Breaks of this clause, provided the Department Head is satisfied that:

(1) the performance of work concerned at the time at which it was performed was necessary;

(2) the staff member incurred expenditure in obtaining the meal in respect of which the allowance is sought;

(3) where the staff member was able to cease duty for at least 30 minutes before or during the working of overtime to take the meal, the staff member did so; and

(4) overtime is not being paid in respect of the time taken for a meal break.

12. Delete subclause (viii) of Clause 15. Shift Work and Overtime, and insert in lieu thereof, the following:

(viii) A staff member whose salary, or salary and allowance in the nature of salary, exceeds the maximum rate for Clerk Grade 8, as varied from time to time, shall be paid for working directed overtime at the maximum rate for Clerk, Grade 8 plus $1.00, unless the Department Head approves payment for directed overtime at the staff members salary or, where applicable, salary and allowance in the nature of salary.

13. Delete Table 1 of PART B - RATES, and insert in lieu thereof, the following:

Item

No.

Clause No.

Description

Amount

$

1

12(ii)(k)(1)
12(ii)(k)(2)
12(ii)(k)(3)

Breakfast Allowance
Evening Meal Allowance
Lunch Allowance

$9.60
$22.65
$12.45

 

2

12(ii)(l)(2)
12(ii)(l)(4)

Accommodation Allowance (including meals and incidental expenses) in first 35 days. For Capital Cities and Canberra
Elsewhere or
Incidental Expense, when claiming actuals for accommodation and meals.
For Capital Cities and Canberra
Elsewhere
Accommodation Allowance (after 35 days and up to 6 months)

$171.85 per day
$122.40 per day
$7.15 per day
$8.95 per day
$61.20 per day

3

12(ii)(m)(1)
Accommodation Allowance
- Government Accommodation
Incidental expenses for Capital Cities and Canberra
Elsewhere
$7.15 per day
$8.95 per day

4

12(iii)(c)(1)
12(iii)(c)(2)

Camping Allowance
Established Camp
Non-established camp
Additional allowance for staff who camp in excess of 40 nights per annum

$19.25 for night
$25.40 per night
$6.10 per night

5

12(iv)(b)
12(iv)(c)

Camping equipment allowance
Bedding and Sleeping Bag

$19.00 per night
$3.15 per night

6

12(v)(b)

Composite Allowance

$85.65 per day

7

12(vi)(d)
12(vi)(d)
12(vi)(d)
12(vi)(d)

Use of private motor vehicle during work related duties
Motor cycle allowance
Normal business
During transport disruptions
Towing a trailer or horsefloat
Transport allowance
Over 1600cc
1600cc and under

Official business rate:

Engine Rate per km
Capacity
over 2700cc 63.2cents
1600-2700cc 58.8 cents
under 1600cc 42.1 cents

Casual Rate:

Engine Rate per km
Capacity
over 2700cc 22.5 cents
1600-2700cc 20.9 cents
under 1600cc 17.6 cents

Rate per km
27.7 cents
13.8 cents

Rate per km
8.1 cents

Rate per km
26.9 cents
22.6 cents

8

12(vii)(b)

Remote Areas Allowance

With Dependants

Grade A $1216
Grade B $1613
Grade C $2153

Without Dependants

Grade A $847
Grade B $1131
Grade C $1507

9

12(vii)(c)

Travel on recreation leave
By private motor vehicle
Other transport
Rail travel

Appropriate casual rate for a maximum of 2850 kms less $28.00
With Dependants reasonable expenses in excess of $30 and up to $200 per year.
Without dependants Reasonable expenses in excess of $30 and up to $100 per year.
Rail warrant less $30

10

12(x)(a)

Room at home used as office where no departmental office is available.

$555 pa.

 

11

15(iv)(g)

On call

48 cents per hour

12

12(xv)

Flying allowance (for staff, other than pilots, required to work in flight).

$10.20 per hour

13

12(xvi)(c)

Laundering of uniforms or protective clothing.

$2.80 per week. Where a higher rate of allowance already applies, such rate shall continue to be paid instead of the rate of $2.80 per week.

14

12(xviii)(a)

Garage and Carport Allowance
Garage
Carport

$392 pa
$87 pa

15

15(vii)(c)

Meal allowance applicable to overtime
Breakfast Allowance
Lunch Allowance
Dinner Allowance
Supper (when staff other than shift workers are required to work overtime beyond 11pm).

$9.60
$12.45
$18.40
$6.15

16

12(viii)(a)

Overseas travel
Accommodation
Meals and Incidentals
Insurance cover for any personal effects met included in any other policy.

- actual cost
- as per the Australian Government Publishing service advice.
up to $A1006

17

12(ix)
Exchanges
Actual costs depending on circumstances in each case

14. Delete Table 2 of PART B - RATES, and insert in lieu thereof, the following:

 

1

12(xi)a

Community Language Allowance

$686 pa

2

12(xii)(a)

a) First Aid Allowance
b) Holders of Current Occupational First Aid Certificate Allowance

$439
$662 pa