The purpose of this circular is to notify variations to the Crown Employees (Public Service Conditions of Employment) Award 1997 resulting from the review of the award by the Industrial Relation Commission of NSW carried out pursuant to Section 19 of the Industrial Relations Act 1996.

The award variations are effective from 28 February 2001 and apply to all staff employed in Departments listed in Schedule 1 to the Public Sector Management Act 1988.

The major variation involves deletion of the forfeiture of leave provision in instances where recreation leave is accrued in excess of 40 working days. Her Honour Justice Schmidt found that this provision was in breach of the Annual Holidays Act 1944 and directed the parties to negotiate an alternative. The new provisions are contained in sub-clauses (b) and (c) of clause 81 Recreation Leave of the reviewed award.

Other variations of significance include:

(a) Renumbering of clauses from clause 11 onwards and, where appropriate,
rearrangement of clauses in alphabetical order or in the order of importance
and/or relationship with previous or subsequent clause or clauses; and
(b) Amalgamation of Tables 1 and 2 in Part B - Monetary Rates and replacement
by Table 1- Allowances which includes the meal, travelling and related
allowances notified in Premier's Department Circular 2000-60 of 10 October
2000.

To assist departments in identifying all the variations made to the award as a result of the Section 19 Review, the variations in the attached award Crown Employees (Public Service Conditions of Employment) Award 1997 Section 19 Review are shown in bold print.

The award variations are commended to the NSW public sector organisations for implementation and, if appropriate, variation of industrial instruments.

Any enquiries from agencies concerning this circular should be directed to their client contact officer in the Public Sector Management Office.

C. Gellatly
Director-General

Supersedes C97-70 and C98-10.
Updated by C2002-65