On 30 May 2002, the Full Bench of the NSW Industrial Relations Commission (IRC) made by consent of the parties an interim award, the Crown Employees (Librarians, Library Assistants, Library Technicians and Archivists) Interim Award. This award provides for translation arrangements to a new single classification structure and rates of pay to cover librarians and archivists and a separate classification structure and rates of pay for library technicians and library assistants.

The interim award was made following the Decision of the Full Bench of the IRC on 28 March 2002 in Re Crown Librarians, Library Officer and Archivists Award Proceedings - Applications under the Equal Remuneration Principle.

The IRC found that the work of librarians, library technicians, library assistants and archivists has been historically undervalued on a gender basis and that increases in the work, skill and responsibilities of these occupations has not been properly taken into account in fixing rates of pay.

The interim award applies to librarians, library technicians, library assistants and archivists employed in the NSW public service and the TAFE Commission.

The interim award will take affect from the first pay period on or after 28 March 2002 (ie. 29 March 2002) and shall remain in force for a period of three months. A copy of the award is attached.

As outlined in Circular 2002-12, during the period of the interim award the PSMO, DET/TAFE and PSA will negotiate on a final award addressing issues such as inclusion of definitions and descriptors for the new classification structures.

Any enquiries should directed to Merillyn Grey on telephone number (02) 9228-3593.

C. Gellatly
Director-General

Issued by: Public Sector Management Office
Contact: Merillyn Grey
EMail: [email protected]
Telephone no: (02) 9228 3593
File no: PSM/00609 Pt 11
Date: 5 June 2002
This circular supersedes Circular 2002-12
_____________________________________________________________

Superseded by C2002-58

_____________________________________________________________

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by the Public Service Association and Professional Officers Association of New South Wales for an Interim Award

AWARD ARRANGEMENT

PART A

Clause Subject Matter
 

1 Title
2 Salaries
3 Definitions
4 Transitional Arrangements
5 Family & Community Services/Personal Carer's Leave
6 Anti-Discrimination
7 Dispute Resolution Procedures
8 Area, Incidence and Duration

PART B
MONETARY RATES

Schedule 1
PART A 

1. TITLE
This award shall be known as the Crown Employees (Librarians, Library Assistants, Library Technicians and Archivists) Interim Award.

2. SALARIES
The salaries payable to employees covered by this award are as set out in Schedule1 of this award.

3. DEFINITIONS
Employee means a person employed (permanently, or temporarily - including part time) under the Public Sector Management Act 1988, or the Technical and Further Education Commission Act 1990 No 118 (within the classifications).
PEO means the Public Employment Office.
TAFE means the New South Wales Technical and Further Education Commission.
Union means the Public Service Association of New South Wales and Professional Officers Association Amalgamated Union of NSW.

 4. TRANSITIONAL ARRANGEMENTS
As of 29 March 2002, employees covered by this interim award shall be transferred to the grading and step of the new classification structure as set out in the scale below.

Transitional Arrangements for Librarians and Archivists

Current grade for Current grade for New grades for Librarians 
Librarians Archivists and Archivists
 
Base Grade Archivist
Year 1 Grade 1 - Year 1 Grade 1 - Year 1
Year 2 Grade 1 - Year 2 Grade 1 - Year 2
Year 3 Grade 1 - Year 3 Grade 1 - Year 3
Year 4 Grade 1 - Year 4 Grade 1 - Year 4
Year 5 Grade 1 - Year 5 Grade 1 - Year 5
Year 6 Grade 1 - Year 6 Grade 1 - Year 6
Year 7 Grade 1 - Year 7 Grade 2 - Year 1
Grade 2 - Year 2
 Grade 2 - Year 3
 Grade 2 - Year 4
Senior Librarian Archivist
Grade 1 - Year 1 Grade 2 - Year 1 Grade 3 - Year 1
Grade 1 - Year 2 Grade 2 - Year 2 Grade 3 - Year 2
Grade 2 - Year 1 Grade 3 - Year 1 Grade 3 - Year 2
Grade 2 - Year 2 Grade 3 - Year 2 Grade 3 - Year 3
Grade 2 - Year 3 Grade 3 - Year 3 Grade 3 - Year 4
 
Divisional Librarian Archivist
Grade 1 - Year 1 Grade 4 - Year 1 Grade 4 - Year 1
Grade 1 - Year 2 Grade 4 - Year 2 Grade 4 - Year 2
Grade 1 - Year 3 Grade 4 - Year 3 Grade 4 - Year 3
 Grade 4 - Year 4
Grade 2 - Year 1 Grade 5 - Year 1 Grade 5 - Year 1
Grade 2 - Year 2 Grade 5 - Year 2 Grade 5 - Year 2 
Grade 2 - Year 3 Grade 5 - Year 3 Grade 5 - Year 3
 Grade 5 -Year 4
Associate Librarian Archivist Grade 6  Grade 5 - Year 4
 
Transitional Arrangements for Library Technicians

5. FAMILY AND COMMUNITY SERVICE LEAVE/PERSONAL CARER'S LEAVE

5.1 The definition of 'family' and 'relative' for the purpose of this clause is the person who needs the employee's care and support and is referred to as the 'person concerned' and is:

(a) a spouse of the employee; or
(b) a de facto spouse, who in relation to a person, is a person of the opposite sex to the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c ) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child) parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the officer or spouse or de facto spouse of the officer; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

(i) 'relative' means a person related by blood, marriage, affinity or aboriginal kinship structures;
(ii) 'affinity' means a relationship that one spouse or partner has to relatives of the other; and
(iii) 'household' means a family group living in the same domestic dwelling.

5.2 Family & Community Services Leave

5.2.1 The Chief Executive Officer/Managing Director may grant family and community service leave to an employee:

(a) for reasons related to the family responsibilities of the employee, or
(b) for reasons related to the performance of community service by the employee, or
(c) in a case of pressing necessity

Family and Community Services Leave replaces Short leave

5.2.2 The maximum amount of family and community services leave on full pay that may be granted to an employee is:

(i) 2.5 working days during the first year of service and 5 working days in any period of 2 years after the first year of service, or
(ii) 1 working day for each year of service after 2 years continuous service, minus any period of family and community service leave already taken by the employee,
whichever is the greater period.

5.2.3 Family and Community Service Leave is available to part-time employees on a pro rata basis, based on the number of hours worked.

5.2.4 Where family and community service leave has been exhausted, additional paid family and community service leave of up to 2 days may be granted on a discrete 'per occasion' basis on the death of a person defined in Clause 4.1.

5.3 Use of Sick Leave to care for a sick family member - general
When family and community service leave, as outlined in clause 4.2.3 is exhausted, the sick leave provisions under clause 4.4 may be used by an employee to care for a sick family member.

5.4 Use of sick leave to care for a sick family member - entitlement

(a) The entitlement to use sick leave in accordance with this clause is subject to:

(i) the employee being responsible for the care and support of the person concerned, and
(ii) the person concerned being as defined in clause 4.1

(b) An employee with responsibilities in relation to a person who needs their care and support shall be entitled to use sick leave available from that year's annual sick leave entitlement minus any sick leave taken from that year's entitlement to provide care and support for such persons when they are ill.

(c) Sick leave accumulates from year to year. In addition to the current year's grant of sick leave, sick leave accrued from the previous 3 years may also be accessed by an employee with responsibilities in relation to a person who needs their care and support.

(d) In special circumstances, the Chief Executive Officer/Managing Director may make a grant of additional sick leave. This grant can only be taken from sick leave accrued prior to the period referred to in Clause 4.4 (c).

(e) If required, a medical certificate or statutory declaration must be made by the officer to establish the illness of the person concerned and that the illness is such to require care by another person.

(f) The employee is not required to state the exact nature of the relevant illness on either a medical certificate or statutory declaration and has the right to choose which of the two methods to use in the establishment of grounds for leave.

(g) Wherever practicable, the employee shall give the Chief Executive Officer/Managing Director prior notice of the intention to take leave, the name of the person requiring care and that person's relationship to the employee. They must also give reasons for taking such leave and the estimated length of absence. If the officer is unable to notify the Chief Executive Officer/Managing Director beforehand, notification should be given by telephone at the first opportunity on the day of absence.

(h) In normal circumstances, the employee must not take leave under this subclause where another person has taken leave to care for the same person.

6. ANTI DISCRIMINATION

(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

(3) Under the Anti‑Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(4) Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti‑ discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti‑Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

'Nothing in the Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.'

7. GRIEVANCE AND DISPUTE SETTLING

(1) 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/institute, if required.

(2) 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.

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

(4) 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 Chief Executive Officer/Managing Director.

(5) The Chief Executive Officer/Managing Director may refer the matter to the PEO for consideration.

(6) If the matter remains unresolved, the Chief Executive Officer/Managing Director 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 any action, in relation to the matter.

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

(8) The staff member or the union on their behalf, or the Chief Executive Officer/ Managing Director may refer the matter to the Industrial Relations Commission of New South Wales, if the matter is unresolved following the use of these procedures.

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

(10) Whilst the procedures outlined in subclauses (1) to (9) 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.

8. AREA, INCIDENCE AND DURATION

This interim award is made pursuant to the Decision of the Full Bench (Wright J, President, Kavanagh J, Boland J, McKenna C) on 28 March 2002 in proceedings relating to Matter Nos. IRC 6304 of 2000 Crown Employees - (Library & Archives Workers, All Departments and Administrative Units) Award; IRC 2242 of 2001 Crown Employees (Library and Information Workers) Award, IRC 2243 of 2001 Crown Employees (Archivists) Award and IRC 3239 of 2001 Crown Employees (Learning Resource Officers in TAFE) Award.

It rescinds and replaces the Crown Employees (Librarians) Award (320 IG 109), the Crown Employees (Archivists) Award (320 IG 114) and Library Technicians Agreement No. 2384 of 1982.

The term of the interim award shall be for a period of three months from 29 March 2002.

PART B

RATES OF PAY

SCHEDULE 1
Classification Structure and Rates of Pay that are to apply under the Crown Employees (Librarians, Library Assistants, Library Technicians and Archivists) Interim Award

LIBRARIANS & ARCHIVISTS LIBRARY TECHNICIANS & 
LIBRARY ASSISTANTS
 
GRADE SALARY RATE GRADE SALARY RATE
Grade 1 $ Library Assistant $
 
Year 1 36,259 Year 1 28,360
Year 2 38,365 Year 2 30,096
Year 3 40,536 Year 3 31,983
Year 4 43,062 Year 4 34,366
Year 5 45,223 Year 5 35,635
Year 6 47,373 Library Technician
 
Grade 2 Grade 1
Year 1 49,360 Year 1 36,259
Year 2 51,294 Year 2 38,365
Year 3 53,842 Year 3 40,536
Year 4 56,006 Year 4 43,062
Grade 3 Grade 2
Year 1 58,951 Year 1 47,850
Year 2 60,771 Year 2 49,360
Year 3 63,158 Year 3 51,294
Year 4 65,681 Year 4 53,842
Grade 4 
Year 1 67,647 Year 2 69,638
Year 3 71,694 Year 4 73,930
Grade 5 
Year 1 76,016 Year 2 78,563
Year 3 81,089 Year 4 83,840