Premier & Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C2002-58
Status:
Archived

C2002-58 Crown Employees (Librarians, Library Assistants, Library Technicians and Archivists) Award 2002

Description

On 12 November 2002 the Full Bench of the NSW Industrial Relations Commission (IRC) made by consent of the parties, the Crown Employees (Librarians, Library Assistants, Library Technicians and Archivists) Award 2002, a copy of which is attached. This award replaces and rescinds the Crown Employees (Librarians, Library Assistants, Library Technicians and Archivists) Interim Award made in May 2002. The interim award provided 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. (See Premier's Department Circular 2002-27).

Detailed Outline

C2002-58 Crown Employees (Librarians, Library Assistants, Library Technicians and Archivists) Award 2002

Status: current

 

On 12 November 2002 the Full Bench of the NSW Industrial Relations Commission (IRC) made by consent of the parties, the Crown Employees (Librarians, Library Assistants, Library Technicians and Archivists) Award 2002, a copy of which is attached. This award replaces and rescinds the Crown Employees (Librarians, Library Assistants, Library Technicians and Archivists) Interim Award made in May 2002. The interim award provided 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. (See Premier's Department Circular 2002-27).

Both the interim and final awards were made pursuant to the Decision of the Full Bench of the IRC on 28 March 2002 in Re Crown Employees Librarians, Library Officer and Archivists Award Proceedings - Applications under the Equal Remuneration Principle.

The final award contains definitions of the classifications covered by the award and descriptors of the work undertaken by them. The current pay rates as set by the IRC were provided by the interim award and have not been affected by the making of the final award. Salary increases applicable to these classifications that are due in January and July 2003 are included in Schedule 1 of the award.

The parties have reached agreement in relation to incremental dates. Library Assistants Year 1 (formerly Assistant Library Technicians Year 1 Grade 1) and Library Technicians Grade 1 Year 1 who were employed as such at the 29th March 2002 will retain their current incremental dates. This was agreed to on the basis that the salary increases provided to these grades through the transition to the new pay scale were not to a degree that afforded them greater benefit than if they maintained their current incremental entitlement.

All other classifications covered by the Award will have their incremental dates reset to 29 March 2002, in line with the provisions of the New South Wales Government Personnel Handbook and TAFE policies. The entitlement to retention of current incremental dates for the above classifications has been agreed to on a one off "without prejudice" basis and is not to be used as a precedent.

 Agencies with library based or archivist staff that are covered by an enterprise-based classification structure or who have been reclassified into clerical positions should give consideration as to whether these groups could be affected by the making of the final award. Any issues arising from this should be dealt with at the agency level in consultation with your local Joint Consultative Committee. The Public Sector Management Office is available to provide advice and assistance if necessary through your Industrial Relations Services contact officer.

The final award applies to librarians, library technicians, library assistants and archivists employed in the NSW public service and the TAFE Commission of New South Wales and will take effect from the first pay period on or after 12 November 2002. The award has a term to 30 June 2004.

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

C Gellatly
Director-General

Issued (Branch): Public Sector Management Office
File no: PSM/00609 Pt 14
Date: 2 December 2002
This circular supersedes Circular 2002 - 27

CROWN EMPLOYEES (LIBRARIANS, LIBRARY ASSISTANTS, LIBRARY TECHNICIANS AND ARCHIVISTS) AWARD 2002

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by the Public Service Association and Professional Officers Association (Amalgamated Union) of NSW, Public Employment Office, and New South Wales Technical and Further Education Commission.

AWARD 
ARRANGEMENT
PART A

Clause No. Subject Matter
 

1 Title
2 Salaries
3 Definitions
4 Descriptors
5 Commencing Rates of Pay
6 Family & Community Service Leave/Personal Carer's Leave
7 Anti-Discrimination
8 Dispute Resolution Procedures
9 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) Award 2002.

2. SALARIES

2.1 The salaries payable to employees covered by this award are as set out in Schedule1 of this award.
2.2 The rate of pay that shall apply to employees upon the making of this award will be the rate applied to them from the Crown Employees (Library Assistants, Library Technicians, Librarians and Archivists) Interim Award which this award replaces.

3. DEFINITIONS
Archivist
 means an employee appointed as such who possesses archivist qualifications acceptable for professional membership of the Australian Society of Archivists (ASA) or other combination of qualifications and experience deemed by the Department Head/Managing Director or the PEO to be equivalent, that meets the minimum standard of skill and knowledge inherent in the ASA standard.

Employee means a person employed (permanently or temporarily - including part time) under the Public Sector Employment and Management Act 2002, or the Technical and Further Education Commission Act 1990 No 118 (within the classifications).

Librarian means an employee appointed as such who possesses qualifications acceptable for professional membership of the Australian Library and Information Association (ALIA) or other combination of qualifications and experience deemed by the Department Head/Managing Director or the PEO to be equivalent, that meets the minimum standard of skill and knowledge inherent in the ALIA standard.

Library Technician means an employee appointed as such who possesses qualifications acceptable for library technician membership of the Australian Library and Information Association (ALIA) or other combination of qualifications and experience deemed by the Department Head/Managing Director or the PEO to be equivalent, that meets the minimum standard of skill and knowledge inherent in the ALIA standard.

Library Assistant means an employee appointed as such who is eligible for enrolment in a course of study that leads to a qualification acceptable for either professional or library technician membership of the Australian Library and Information Association (ALIA).

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. DESCRIPTORS

ARCHIVIST GRADE 1
A professional practitioner at this level:

a) Undertakes professional archives work of an operational nature. May manage discrete archival projects or archival operations and systems in a multi-disciplinary unit or team.

b) Requires sound knowledge of archival/recordkeeping concepts, principles and theory, and a sound understanding of archival/recordkeeping systems, practices and procedures. May also require an understanding of specific archival/recordkeeping systems, collections, services or functions.

c) Exercises judgment in dealing with a range of operational and/or conceptual tasks and problems with reference to established standards, practices and procedures. Is able to adapt systems, standards and priorities and deviate to a limited extent from precedent. With experience, may solve non-routine problems by applying principle and theory with reference to precedent.

d) Works under general supervision of a senior professional or manager. Works either individually or co-operatively as a member of a team or as the leader of a small non-hierarchical team.

e) The outcome of work is usually direct or short-term to intermediate, but may be long-term and may affect clients, collections, co-workers or other agencies. Work may assist in the formulation of procedures or policies and contribute to the body of professional knowledge.

ARCHIVIST GRADE 2
An experienced professional practitioner or developing specialist at this level:

a) Undertakes professional archives work of an operational nature at a more complex/in depth or demanding level. May manage discrete archival projects, or archival operations and systems in a multi-disciplinary unit or team. May provide advice and assistance to Archivists Grade 1.

b) Requires a well-developed knowledge of archival/recordkeeping concepts, principles and theory, and well-developed skills in the application of archival/recordkeeping systems, practices and procedures, which may include specialised systems, collections, services or functions.

c) Exercises judgement and initiative in dealing with a range of complex tasks and problems with reference to established standards, practices and procedures. Is able to adapt systems, standards or priorities and deviate from precedent.

d) Works under general direction of a senior professional or manager. Works either individually or cooperatively as a member of a non-hierarchical team or as a leader or supervisor of a team or discrete project.

e) The outcome of work, including decisions, is direct but may be long-term in its effects on clients, collections, co-workers or other agencies. May assist in the formulation of policy and advice to senior management. Work often contributes to the body of professional knowledge.

ARCHIVIST GRADE 3
A senior professional practitioner, manager, or specialist at this level:

a) Undertakes projects and other professional work of a policy or specialist nature, or manages a substantial service, project or team, or a range of smaller projects/ services/teams. May manage an archives/records unit in an agency and/or provide specialised advice to senior agency management or staff.

b) Requires substantial knowledge of archival/recordkeeping concepts, principles and theory. Has a high level of proficiency and expertise in specific system/s, collection/s, service/s, function/s or policy area/s. Requires either management expertise or standing as a recognised internal authority in an area of the discipline of significance to the organisation or the sector.

c) Exercises judgement and initiative in dealing with a range of complex and detailed operational, conceptual or policy-related problems and tasks that may extend beyond the immediate work area. May develop or introduce enhancements to practices, systems, procedures and services with limited reference to suitable precedent. Demonstrates a sound understanding and ability to interpret professional standards, practices and theory.

d) Works under guidance of a senior specialist or professional manager. Work may be reviewed periodically or at key stages for soundness of judgement and adherence to organisational or sector-wide objectives and policies.

e) The outcome of work, including decisions, is usually intermediate to long-term and may have considerable effect and impact on the objectives and performance of service delivery for clients, collections or co-workers, or on sector-wide policy or performance/compliance. Work may contribute to the body of professional, subject or policy area knowledge.

ARCHIVIST GRADE 4
A professional manager or senior specialist at this level:

a) Leads and manages significant organisational service/s, project/s or program/s, and/or provides authoritative highly specialised advice to senior management, the organisation as a whole or external parties. May initiate and implement a major archives/records project or program, or oversee the operations and systems of a substantial archives/records program in an agency.

b) Requires significant knowledge of archival/recordkeeping concepts, principles and theory extending across multiple aspects of the discipline. Also requires either significant management expertise or standing as a recognised internal or external authority on system/s, collection/s, service/s or policy area/s of significance to the organisation, industry or profession.

c) Exercises independent or interpretive judgement and initiative in dealing with a range of highly complex and detailed operational or conceptual problems and tasks. Is able to create new systems, standards or approaches and interpret information where there is little or no precedent. Demonstrates an extensive understanding of professional standards and multiple aspects of archives/recordkeeping that require new and unique solutions.

d) Works with occasional managerial or professional review or independently as a recognised specialist. Work is primarily reviewed for effectiveness and progress towards agreed objectives.

e) The outcome of work, including decisions, has significant long-term effect, and usually contributes substantially to organisational performance and/or to the body of professional, subject or policy area knowledge. Work has significant legal, policy or service delivery implications at an organisational or sector-wide level.

ARCHIVIST GRADE 5
A senior professional manager or principal specialist at this level:

a) Leads and directs a branch or program of strategic significance to the organisation, and/or provides authoritative advice of the highest order on an area of specialist or policy expertise or significance to the organisation, industry, profession or sector.

b) Requires extensive knowledge of archives/recordkeeping concepts, principles and theory extending across multiple aspects of the discipline. Requires extensive management expertise and detailed knowledge of policy and/or service delivery and development issues, and/or standing as a recognised authority of the highest level on system/s, collection/s, service/s or policy area/s, or an area of the discipline of significance to the organisation, industry, profession or sector.

c) Exercises critical or managerial judgement and initiative of the highest order to anticipate, conceptualise and resolve sophisticated problems that have strategic organisational impact. Is able to independently conceive of and implement program objectives and strategies, or new systems or approaches in the absence of precedent.

d) Work is primarily guided by organisational policies and administrative controls.

e) The impact of decisions and actions is strategic. Work contributes substantially to organisational performance and/or the body or professional, subject or policy area knowledge and has significant legal, policy or service delivery implications at an organisational or sector-wide level.

LIBRARY ASSISTANT
A practitioner at this level:

a) Performs routine activities to gain practical experience required for the operation of information systems and services to clients.

b) Requires ability to develop skills in, and knowledge of library and information standards, procedures, practices and operations, and specific library collections obtained from formal course work and/or workplace training.

c) Exercises judgment, where a choice of action is available within the application of clearly established standards, practices and procedures.

d) Works under direct supervision of a senior paraprofessional or a professional, but exercises increasing autonomy in prioritising and completing tasks. This may involve working co-operatively in the organisation of work.

e) The outcome of work undertaken is usually of direct, but short-term effect on clients, collections and co-workers.

LIBRARY TECHNICIAN GRADE 1
A paraprofessional practitioner at this level:

a) Performs and/or assists in co-ordinating activities required for the operation and maintenance of library and information services and systems.

b) Requires sound knowledge and skill and the ability to develop expertise in library and information management concepts necessary to undertake a varied range of tasks in library procedures and operations.

c) Exercises judgment in dealing with a range of general or specialist tasks and problems, with reference to established standards, practices and procedures. Some adaptation of systems, standards or practices may be undertaken.

d) Works under general supervision of a senior paraprofessional or a professional or manager. Works either individually or co-operatively as a member of a team, or as the leader of a small non-hierarchical team.

e) The outcome of work is usually direct or short-term to intermediate, but may be long term in its effect on clients, collections and co-workers. Work may assist in the formulation of procedures or policies.

LIBRARY TECHNICIAN GRADE 2
An experienced paraprofessional practitioner or specialist at this level:

a) Performs and co-ordinates activities required for the operation and maintenance of information services and systems at a comprehensive level. May manage discrete library and information management projects or coordinate the operations and systems of a unit or team.

b) Requires substantial knowledge and skill, as well as a high level of proficiency and expertise in library and information principles and theory necessary to undertake a wide range of tasks in library procedures and operations.

c) Exercises judgment in dealing with a range of complex or specialist tasks and problems, and in the application of principles and theory. Is able to adapt systems, standards or priorities, and deviate substantially from precedent.

d) Works under minimal direction of a senior professional or manager, and is reviewed occasionally or at key stages. Work may be undertaken individually as a specialist or co-operatively as a member of a non-hierarchical team, or as a leader or supervisor of a team.

e) The outcome of work may have a long-term effect on clients, collections, co-workers or other agencies. Develops or applies work practices, procedures or policies in their area of responsibility. Work may contribute to the body of knowledge in library and information services, or area of specialisation.

LIBRARIAN GRADE 1
A professional practitioner at this level:

a) Provides professional library and information services and/or assists in the development of library and information services and systems. May co-ordinate discrete library and information management projects or assist in the operations and systems of a unit, team or library service.

b) Requires sound knowledge of library and information service concepts, principles and theory, and a sound understanding of library systems, practices and procedures.

c) Exercises judgment in dealing with a range of operational and/or conceptual tasks and problems with reference to established standards, practices and procedures. Is able to adapt systems, standards or priorities and deviate to a limited extent from precedent. With experience may solve non-routine problems by applying principle and theory with reference to precedent.

d) Works under general supervision of a senior professional or manager. Works either individually or co-operatively as a member of a team or as the leader of a small non-hierarchical team.

e) The outcome of work is usually direct or short-term to intermediate, but may be long term in its effect on clients, collections and co-workers. Work may assist in the formulation of procedures or policies and contribute to the body of professional knowledge.

LIBRARIAN GRADE 2
An experienced professional practitioner and/or developing specialist at this level:

a) Provides complex or specialist library and information services. May co-ordinate/supervise a discrete library and information management project, or the operations and systems of a unit, team or library service.

b) Requires a well-developed knowledge of library and information management concepts, principles and theory, and well-developed skills in the application of library and information systems, collections, services or subject knowledge.

c) Exercises judgment and initiative in dealing with a wide range of complex tasks and problems, with reference to established standards, practices and procedures. Is able to adapt systems, standards or priorities and deviate substantially from precedent.

d) Works under general direction of a senior professional or manager. Works either individually as a specialist or co-operatively as a member of a non-hierarchical team, or as a leader or supervisor of a team or discrete project.

e) The outcome of work including decisions is direct, but may be long term in its effect on clients, collections and co-workers. May assist in the formulation of policy and advice to senior management. Work often contributes to the body of professional knowledge.

LIBRARIAN GRADE 3
A senior professional practitioner, manager and/or specialist at this level:

a) Manages and/or provides complex or specialist library and information services. May manage substantial library and information management projects, or the operations and systems of a unit, team or library service.

b) Requires substantial knowledge of library and information management concepts, principles and theory. Has a high-level of proficiency and expertise in specific systems, collections, services or subject knowledge. Requires either management expertise or standing as a recognised internal authority in an area of the discipline of significance to the organisation.

c) Exercises judgment and initiative in dealing with a range of complex and detailed operational or conceptual problems and tasks that may extend beyond the immediate work area. May develop and/or introduce enhancements to practices, systems and procedures with limited reference to precedent. Demonstrates a sound understanding and ability to interpret professional standards, practices and theory.

d) Works under guidance of a senior professional or manager. Work may be reviewed periodically or at key stages for soundness of judgment and adherence to organisational objectives and policies.

e) The outcome of work including decisions is usually intermediate to long term, and may have considerable effect and impact on the objectives and performance of service delivery for clients, collections and co-workers within the legal, library and information management context. May formulate policy and advice to senior management. Work often contributes to the body of professional, subject or policy area of knowledge.

LIBRARIAN GRADE 4
A principal professional practitioner and/or senior manager and/or senior specialist at this level:

a) Leads and manages significant organisational service/s, project/s or program/s, and/or provides authoritative highly specialised advice to senior management, the organisation as a whole, or external parties. May initiate and implement a major library and information management project or program, or oversee the operations and systems of a significant unit, team or library service.

b) Requires and applies significant knowledge of library and information management concepts, principles and theory extending across multiple aspects of the profession. Also requires either significant management expertise or standing as a recognised internal or external authority on systems, collections, services or subject knowledge, or an area of the discipline of significance to the organisation, industry or profession.

c) Exercises independent or interpretive judgment and initiative in dealing with a range of highly complex and detailed operational or conceptual problems and tasks. Is able to create new systems, standards or approaches and interprets information where there is little or no precedent. Demonstrates an extensive understanding of professional standards and multiple aspects of library and information services that may require new or unique solutions.

d) Works with occasional managerial or professional review or independently as a recognised specialist. Work is primarily reviewed for effectiveness and progress towards agreed organisational objectives.

e) The outcome of work including decisions has significant long-term effect, and usually contributes substantially to organisational performance, and/or to the body of professional or subject knowledge. Work is expected to have significant policy, legal or service delivery implications at the organisational level and may also have an impact at the State or National level.

LIBRARIAN GRADE 5
A principal professional manager and/or principal specialist at this level:

a) Leads and directs a branch or program or library service of strategic significance to the organisation and/or provides authoritative advice of the highest order in an area of specialist expertise of significance to the organisation, industry or profession.

b) Requires extensive knowledge of library and information management concepts, principles and theory extending across multiple aspects of the profession. Requires extensive management expertise and detailed knowledge of service delivery and development issues, and/or standing as a recognised authority on systems, collections, services, or subject knowledge, or an area of the discipline of significance to the organisation, industry or profession.

c) Exercises critical or managerial judgment and initiative to anticipate, conceptualise and resolve sophisticated problems that have strategic organisational impact. Is able to independently conceive of, and implement program objectives and strategies, or new systems or approaches in the absence of precedent.

d) Work is primarily guided by organisational policies and administrative controls.

e) The outcome of work, including decisions is strategic, and contributes substantially to organisational performance, or to the body of professional or subject knowledge. Work has significant legal, policy or service delivery implications at the organisational, State or National level.

5. COMMENCING RATES OF PAY

5.1 An employee appointed as a Librarian or Archivist Grade 1 who has a qualification acceptable for appointment that required three years full-time study (or equivalent for part-time) shall have a commencing salary of not less than the rate prescribed for the first year of service as set out in Schedule 1.

5.2 An employee appointed as a Librarian or Archivist Grade 1 who has a qualification acceptable for appointment that required a minimum of four years full-time study (or equivalent for part-time) shall have a commencing salary of not less than the rate prescribed for the second year of service as set out in Schedule 1.

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

6.1 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 employee 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.

6.2 Family & Community Service Leave

6.2.1 The Department Head/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 Service Leave replaces Short leave.

6.2.2 The maximum amount of family and community service 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.

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

6.2.4 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 6.1.

6.3 Use of Sick Leave to care for a sick family member - general

When Family and Community service leave, as outlined in clause 6.2.3 is exhausted, the sick leave provisions under clause 6.4 may be used by an employee to care for a sick family member.

6.4 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 6.1. 

(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 Department Head/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 6.4 (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 Department Head/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 employee is unable to notify the Department Head/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.

7. ANTI-DISCRIMINATION

7.1 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.

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.

7.2 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.

7.3 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.

7.4 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."

8. GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES

8.1 All grievances and dispute resolution 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.

8.2 A employee 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.

8.3 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.

8.4 If the matter remains unresolved with the immediate manager, the employee 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 employee until the matter is referred to the Department Head/Managing Director.

8.5 The Department Head/Managing Director may refer the matter to the PEO for consideration.

8.6 If the matter remains unresolved, the Department Head/Managing Director shall provide a written response to the employee 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.

8.7 An employee, at any stage, may request to be represented by their union.

8.8 The employee or the union on their behalf, or the Department Head/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.

8.9 The employee, 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.

8.10 Whilst the procedures outlined in subclauses 8.1 to 8.9 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. In a case involving occupational health and safety, if practicable, normal work shall proceed in a manner that avoids any risk to the health and safety of any employee or member of the public.

9. AREA, INCIDENCE AND DURATION
This 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 (Library Assistants, Library Technicians, Librarians and Archivists) Interim Award (published 16 August 2002 (335 IG 915).

The award shall take effect from the first full pay period on or after 12 November 2002 and shall remain in force until 30 June, 2004.

 

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Dec 2, 2002
Review Date
Dec 31, 2014
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet