Premier & Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C2006-11
Status:
Archived

C2006-11 Secure Employment Test Case (SETC) Award variations

Description

Premier's Department Circular 2006 -07 issued on 8 March 2006 advised of the decision of the Full Bench of the Industrial Relations Commission in the Secure Employment Test Case. In that Circular agencies were advised the Bench granted the new Secure Employment Test Case standard comprising:

  1. an opportunity for casual employees to convert to permanent employment after six months continuous employment; and
  2. some provisions setting out Occupational Health and Safety obligations on an employer relating to labour hire workers.

Detailed Outline

Premier's Department Circular 2006 -07 issued on 8 March 2006 advised of the decision of the Full Bench of the Industrial Relations Commission in the Secure Employment Test Case. In that Circular agencies were advised the Bench granted the new Secure Employment Test Case standard comprising:

  1. an opportunity for casual employees to convert to permanent employment after six months continuous employment; and
  2. some provisions setting out Occupational Health and Safety obligations on an employer relating to labour hire workers.

At a hearing on Tuesday 14 March 2006 the Full Bench confirmed that except to the extent there is a genuine jurisdictional basis to preclude inserting the casual conversion clause, the intention of the decision was that the model clause would be capable of applying to Public Sector Awards.

The jurisdictional basis to prevent the inclusion of the casual conversion clause would be a legislative provision in similar terms to section 22 of thePublic Sector Employment and Management Act 2002 ("the Act") providing that appointment or failure to appoint to a vacant position in the Public Service is not an industrial matter for the purposes of the Act.

Additionally, for Public Service Departments, section 38 of the Act provides that casual employees are to be engaged on an irregular and intermittent basis. Therefore casual conversion was not pressed by UnionsNSW in the application to vary the Crown Employees (Public Service Conditions of Employment) Award, and the decision of the Full Bench did not vary that Award to insert the entire model clause.

Following the decision, a number of Public Sector unions made applications for variation of awards to insert the model clause. The applications took one of two forms, either to insert the:

  1. occupational health and safety aspect of the model clause - this aspect of the model clause was to be inserted into all awards; or
  2. entire model clause including casual conversion - in this case public sector unions sought to insert the clause into those public sector awards covering agencies outside the Public Service.

The public sector awards described in Table 1 to this circular have been varied to include occupational health and safety aspect of the model clause only. The list is not exhaustive, as there may be some applications for variation where a particular public sector agency appeared in the Commission directly. Please note the operative date for the variations may be either 1 March 2006 or 21 March 2006. In particular it should be noted the variation to the Crown Employees (Public Service Conditions of Employment) Award has an operative date of 1 March 2006.

A number of Public Sector awards, including awards of state owned corporations have also been varied to insert the entire model clause. The public sector awards described in Table 2 to this circular have been varied to include the entire model clause. The operative date of the variation for the listed awards was 21 March 2006. (The list may not be exhaustive, as there were some applications for variation where public sector agencies appeared in the Commission directly).

At a hearing on 9 March 2006 to settle the draft orders for the model clause the Full Bench also confirmed that the operative date represents the date on which an eligible casual employee may give written notice of an election to convert to full or part time permanent employment.

This means casual employees who have six months regular and systematic employment as at the operative date of the variation to insert the entire model clause in the relevant award may give written notice that they wish to be made permanent.

There are five public sector awards where the variation has not yet been inserted. These awards are the:

  • Public Health System Nurses' and Midwives (State) Award,
  • Crown Employees (Roads and Traffic Authority of NSW - School Crossing Supervisors) Award,
  • Crown Employees (School Administrative and Support Staff) Award,
  • Crown Employees (Saturday School of Community Languages) Award 2006, and
  • Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2006.

The parties to these awards are discussing issues and implications of the proposed variation and any other relevant amendments that may be required to accommodate the variation. The Commission has adjourned these applications for up to four weeks for parties to continue their discussions.

Should you have any enquiries please contact Cathy McInnes on 9228 3598.

C Gellatly
Director-General

Issued : Employee Relations & Workforce Planning Services (Public Employment Office)
File no: PSM/07766 PART 1
Date: 4 April 2006
This circular has not superseded any other Memorandum/Circular but relates to C2006-07

______________________________________

Table 1

Award varied for OHS Clause only

Operative Date of variation

 

Crown Employees (Public Service Conditions of Employment) Award

 

1 March 2006

Crown Employees NSW Adult Migrant English Service (Teachers and Related Employees)Award 2006

 

1 March 2006

Crown Employees (Teachers in TAFE Children's Centres) Salaries and Conditions Award 2005

 

1 March 2006

Crown Employees  (Office of the Board of Studies - Education Officers) Salaries and Conditions Award

 

1 March 2006

Crown Employees (Education Employees Department of Corrective Services) Consent Award

 

1 March 2006

Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award

 

1 March 2006

Higher School Certificate and School Certificate Marking and Related Casual Employees Rates of Pay and Conditions Award

 

1 March 2006

Crown Employees (National Arts School, Academic Staff) Salaries and Conditions Award 2006

 

1 March 2006

Crown Employees (NSW TAFE Commission -Administrative and Support Staff Conditions of Employment) Award 2005

 

21 March 2006

Technical and Further Education Commission of NSW Security Employees Wages and Conditions Award

 

21 March 2006

Miscellaneous Workers Kindergartens and Child Care Centres (State) Award - as relevant to TAFE employees only

 

21 March 2006

Independent Commission Against Corruption Award

 

21 March 2006

Casino Control Authority - Casino Inspectors (Transferred from Department of Gaming and Racing)Award 2004

 

21 March 2006

Crown Employees (Trades Assistants) Award

 

21 March 2006

Crown Employees (Lord Howe Island Board Salaries and Conditions 2004) Award

 

21 March 2006

Crown Employees (NSW Police Communications Officers) Award

 

21 March 2006

Crown Employees (NSW Police Special Constables)(Police Band) Award

 

21 March 2006

Crown Employees (NSW Police Special Constables)(Security) Award

 

21 March 2006

Bradfield College (Department of Education and Training Salaries and Conditions) 2004 Award

 

21 March 2006

Australian Music Examinations Board (New South Wales) examiners, Assessors and Advisors Employed by the Office of the Board of Studies Award

 

21 March 2006

Canteen, &c. Workers (State) Award  - as relevant to TAFE employees only

 

21 March 2006

 

 

Table 2

 

Award varied for entire model clause - casual conversion and OHS

 

Operative date of variation

Zoological Parks Board of NSW Wages Employees Award

 

21 March 2006

Public Health Service Employees Skilled Trades (State) Award (Incorporating the Ambulance Service of NSW Skilled Trades)

 

21 March 2006

Waterways Authority of New South Wakes Award 1999

 

21 March 2006

Sydney Catchment Authority Consolidated Award 2002

 

21 March 2006

Crown Employees (Harness Racing New South Wales) Conditions of Employment Award

 

21 March 2006

Greyhound Racing Authority (NSW) Award

 

21 March 2006

Crown Employees (Home Care Service of New South Wales - Administrative Staff) Award 2004

 

21 March 2006

Crown Employees (Roads and Traffic Authority of New South Wales - Salaried Staff Conditions of Employment) Award

 

21 March 2006

Zoological Parks Board of New South Wales Employees (State) Award

 

21 March 2006

Crown Employees (Tipstaves to Justices) Award

 

21 March 2006

Crown Employees (Audit Office) 2004 Award

 

21 March 2006

Rural Lands Protections Boards Salaries and Conditions Award 2002

 

21 March 2006

Crown Employees (Independent Pricing and Regulatory Tribunal 2004) Award

 

21 March 2006

Crown Employees (Parliamentary Electorate Officers) Award

 

21 March 2006

Crown Employees (Parliament House Conditions of Employment 2004) Award

 

21 March 2006

Ambulance Service of New South Wales Award (Ambulance Service of NSW Administrative and Clerical Employees (State) Award)

 

21 March 2006

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Apr 4, 2006
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