New south wales industrial gazette

PART B
MONETARY RATES
Table 1 - Salary Rates - Sheriff’s Officers
The salary rates are set in accordance with the Crown Employees (Public Sector – Salaries 2007) Award effective from the beginning of the first pay period to commence on or after 1 July 2007

Position	Salary
	$
Chief Inspector
Year 2	67,448
Year 1	65,527
Inspector
Year 2	63,056
Year 1	61,128
Sergeant
Year 4	56,701
Year 3	55,010
Year 2	53,344
Year 1	51,784
Sheriff’s officer
Year 4	50,356
Year 3	49,012
Year 2	47,682
Year 1	46,320
Probationary Sheriffs officer	42,338

Table 2 - Meal Allowance
Capital cities and the following country centres:
Maitland

Newcastle

Port Macquarie

Wagga Wagga

Wollongong

Breakfast	$20.20
Lunch	$22.65
Dinner	$38.95

All other NSW Country Centres

Breakfast	$18.05
Lunch	$20.65
Dinner	$35.60

D. W. RITCHIE, Commissioner.

____________________
Printed by the authority of the Industrial Registrar.

(110)

SERIAL C6389

Crown Employees (State Library Security Staff) Award 2007
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1696 of 2007)

Before Commissioner Ritchie

18 December 2007

REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions

2. Title

3. Parties to the Award

4. Salaries

5. Conditions of Employment

6. Hours of Work

7. Shift Loadings

8. Incremental Progression

9. Local Arrangements

10. Deduction of Union Membership Fees

11. Grievance and Dispute Settling Procedures

12. Anti Discrimination

13. Savings of Rights

14. Area Incidence and Duration

PART B
MONETARY RATES
Table 1 - Rates of Pay
Part A
1. Definitions
"The Crown Award" means the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.
"DPE" means Director of Public Employment which has the same meaning as in the Public Sector Employment and Management Act 2002.
"PSA" means Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales.
"The State Library" means the State Library of New South Wales.

2. Title
This Award shall be called the Crown Employees (State Library Security Staff) Award 2007.
3. Parties to the Award
The parties to the Award are the DPE and the PSA.
4. Salaries
(a) Salaries have been annualised to include shift penalties except those for Public Holidays. Shift loadings for Public Holidays will be paid in the next available pay after working on a public holiday at the rate provided in the "Shift Work and Overtime" provisions of the Crown Award. The annualised salary rate will be the salary rate for all purposes including calculating overtime, holidays, leave loading, superannuation and long service leave.
(b) The annualised salaries provided for in this award are calculated by using the shift loadings contained in the "Shift Work and Overtime" provisions of the Crown Award.
(c) Staff employed under this award shall be eligible to receive the more favourable of leave loading or shift penalties when proceeding on recreation leave in accordance with the "Leave" provisions of the Crown Award.
(d) Salaries paid to staff employed as Security Officers at the State Library will be as per Part B.
5. Conditions of Employment
(a) Except as where varied by this Award conditions of employment shall be as provided for in the Crown Award.
(b) Security staff will be granted five (5) Rostered Days Off in each twenty (20) week shift cycle. Accrual of hours will be as locally arranged. Rostered days off will be taken as per the roster. Up to three (3) rostered days off may be banked.
(c) Security staff will work the weekends rostered to qualify them for the five (5) additional days leave provided for in the "Shift Work and Overtime" provisions of the Crown Award.
(d) There will not be a separate payment for a Computer Allowance as computer skills and responsibilities have been taken into account in the job evaluation process.
(e) First aid allowances in line with the Crown Award will be paid to staff that acquire a first aid certificate.
(f) An approved uniform and accessories will be issued to each Security Officer and must be worn when on duty. Uniforms and accessories will be replaced on a needs basis as approved by the Security Co-ordinators.
(g) Staffing levels will be determined to meet the security needs of the Library. The State Library will have in place recruitment strategies so that all vacant positions are filled as expeditiously as possible.
6. Hours of Work
(a) Hours of work shall continue to be thirty five (35) hours per week worked over a seven (7) day roster.
(b) The State Library may require a Security Officer to perform duty beyond the hours determined above but only if it is reasonable for the Security Officer to be required to do so. A Security Officer may refuse to work additional hours in circumstances where the working of such hours would result in them working unreasonable hours. In determining what is unreasonable the following factors shall be taken into account:
(1) the Officer’s prior commitments outside the workplace, particularly the Officer’s family and carer responsibilities, community obligations or study arrangements,
(2) any risk to Security Officer health and safety,
(3) the urgency of the work required to be performed during additional hours, the impact on the operational commitments of the organisation and the effect on client services,
(4) the notice (if any) given by the State Library regarding the working of the additional hours, and by the Security Officer of their intention to refuse the working of additional hours, or
(5) any other relevant matter.
7. Shift Loadings
The annualised salaries provided for in this Award are based on the current rosters and are calculated by using the penalties contained in the "Shift Work and Overtime" provisions of the Crown Award.
8. Incremental Progression
Security Officers will be entitled to the next increment, up to the 4th year increment, after 12 months service, subject to satisfactory attendance, conduct and performance of duties.
9. Local Arrangements
(a) Payment of Security Licence fees will be as agreed between the State Library and Security Staff.
(b) To accrue time for rostered days off staff will take a forty five (45) minute meal break and commence shifts at a time seven (7) minutes before the listed starting time.
10. Deduction of Union Membership Fees
(a) The Association shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the Association's rules.
(b) The Association shall advise the employer of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.
(c) Subject to (a) and (b) above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union's rules, provided that the employee has authorised the employer to make such deductions.
(d) Monies so deducted from employee's pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees' union membership accounts.
(e) Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.
(f) Where an employee has already authorised the deduction of union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.
11. Grievance and Dispute Settling Procedures
(a) 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 State Library, if required.

(b) 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.

(c) 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.
(d) Where the grievance or dispute resolution involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes it impractical for the staff member to advise their immediate manager, the notification may occur to the next appropriate level of management, including where required, to the State Librarian & Chief Executive or delegate.
(e) 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) 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 State Librarian & Chief Executive.
(f) The State Librarian and Chief Executive may refer the matter to the DPE for consideration.
(g) If the matter remains unresolved the State Librarian & Chief Executive shall provide a written response to the staff member and any party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in regard to the matter.
(h) A staff member, at any stage, may request to be represented by their union.
(i) The staff member or the union on their behalf, or the State Librarian & Chief Executive may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.
(j) The staff member, the union, the State Library and the DPE shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.
(k) Whilst the procedures outlined in subclauses (i) to (ix) 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.
12. Anti-Discrimination
(a) 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.
(b) 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.
(c) 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.
(d) Nothing in this clause is to be taken to affect:
(1) any conduct or act which is specifically exempted from anti-discrimination legislation;

(2) offering or providing junior rates of pay to persons under 21 years of age;

(3) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 19 77;
(4) a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.
(e) 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.
Notes:
Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
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."
13. Savings of Rights
Should there be a variation to the Crown Employees (Public Sector Salaries - January 2002) Award or an Award replacing that Award, employees of the State Library covered by this Award will maintain the same salary relationship to the rest of the public service. Any such increase will be reflected in this Award either by a variation to it or by the making of a new Award.
14. Area, Incidence and Duration
This Award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the previous reviewed Crown Employees (State Library Security Staff) Award published 12 November 2004 (347 I.G. 282).
The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 18 December 2007.
The award remains in force until varied or rescinded, the period for which it was made having already expired.

Part B
MONETARY RATES
The annualised salary rates as at 1 July 2007 as listed in Table 1 below.
The annualised salary rates incorporate shift penalties as per clause 4, Salaries.


Table 1 - Rates of Pay

Year	Annualised Salary Rate per year as at 1/7/07
	$
1st year	41,502
2nd year	50,230
3rd year	51,655
4th year	53,211

D. W. RITCHIE, Commissioner.

____________________
Printed by the authority of the Industrial Registrar.

(269)

SERIAL C6384

Crown Employees (Tipstaves to Justices) Award 2007
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1698 of 2007)

Before Commissioner Ritchie

18 December 2007

REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title

2. Definitions

3. Salaries

4. Recreation Leave

5. Long Service Leave

6. Sick Leave

7. Public Holidays

8. Leave for Special Purposes

9. Military Leave

10. Study Time

11. Parental Leave

12. Absence Whilst on Compensation to Count as Service for Leave Purposes

13. Absences caused by Adverse Weather Conditions

14. Continuity of Service

15. Uniforms

16. Grievance and Dispute Settling Procedures

17. Anti-Discrimination

18. Secure Employment

19. Leave Reserved

20. Area, Incidence and Duration

PART B
MONETARY RATES
Table 1
Appendix A

Appendix B

PART A
1. Title
This award shall be known as Crown Employees (Tipstaves to Justices) Award 2007.


2. Definitions
2.1 “Association” means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.
2.2 "Employee" means a person employed as a tipstaff.
2.3 "Department" means the Attorney General’s Department
2.4 "Service" means continuous service both before and after the commencement of this award as a tipstaff to any Justice of the Supreme Court of New South Wales or the Industrial Relations Commission of New South Wales, or the Land and Environment Court of New South Wales, or as a tipstaff to any Judge of the District Court of New South Wales or the Compensation Court of New South Wales; provided that future entrants shall be deemed to have the years of service indicated by the salary at which they enter.
2.5 "Uniform" means a frock coat for court work as provided.
3. Salaries
The rates of pay of employees shall be as set out in Table 1 of Part B, Monetary Rates.
4. Recreation Leave
4.1 Accrual and Calculation of Leave -
(a) Recreation leave accrues at one and two third days per completed month of service, up to a maximum of 20 days per year. Recreation leave does not accrue in respect of unauthorised absences or in respect of authorised periods of leave without pay which, when aggregated, exceed five working days in a leave year unless such leave is taken during Law Vacation - see clause 4.4 Law Vacation below.
(b) The minimum unit of leave is a quarter of a day and leave may be taken in multiples of a quarter day. Recreation leave entitlements should be balanced at least once per year. When calculating recreation leave, fractions other than an exact quarter day should be rounded off to the nearest quarter day or multiple thereof.
(c) When calculating the proportionate deduction to be made in respect of leave without pay, fractions other than a quarter day or multiple thereof, should be rounded off to the next lower quarter day or multiple thereof.
4.2 Taking of Leave -
(a) Recreation leave is to be taken in one consecutive period not later than six months after the completion of each 12 months service, except where the employer and employee agree otherwise.
(a) An employee may be required by the employer to take accrued recreation leave at a time convenient to the employer but, as far as practicable, the wishes of the employee should be taken into account when fixing the time for the taking of leave, particularly where employees have special needs due to family responsibilities. For example, where employees have school aged children, leave rosters should be arranged in such a way as to allow each person to take leave at some time during school holidays.
4.3 Conservation of Leave - Conservation of leave up to a maximum of 40 working days may be permitted by the employer in exceptional circumstances and on the understanding that the leave will be reduced to an acceptable level as soon as possible.

4.4 Law Vacation -

(a) Where a court or tribunal or other judicial body is temporarily closed or reduced to a nucleus for the purposes of annual holidays (law vacation), an employee who has not accrued sufficient recreation leave to cover the whole period of such closure or reduction of staff, will be required to take recreation leave to credit followed by leave without pay for the balance of the period.
(b) Employees who are required to take leave without pay during law vacation are to be paid for all public holidays occurring during such leave. This period of leave without pay is also to count for the accrual of recreation leave in the following year.
4.5 Payment on Termination of Employment -
(a) On termination of employment, an employee is entitled to be paid the monetary value of recreation leave to credit.
(b) For the purposes of calculation of leave on termination, credit is to be allowed for periods of employment of less than a month. Leave due is to be calculated to an exact quarter day. Where applicable, fractions other than an exact quarter day are to be taken to the next higher quarter day.
(c) Where an employee has been granted recreation leave in advance, the employer may deduct the value of such leave from any remuneration due to the employee on termination of employment.
4.6 Payment of Monetary Value of Accrued Recreation Leave On Death -
(a) If an employee dies, the monetary value of accrued leave for which payment has not already been made, may be applied towards the payment of funeral expenses or may be paid to the employee's next of kin or to the Estate.
(b) Where the funeral expenses have not been paid or have been paid by a person other than the person making the claim for payment of untaken recreation leave, approval may be sought from the Minister to direct that the funeral expenses form the first charge on the monetary value of leave. Payment may be made directly to the funeral director or to the person who paid the funeral expenses, subject to production of receipts.
(c) Any balance of the monetary value of recreation leave should then be paid to the employee's next of kin or to the Estate as specified in the next clause.
(d) If no claim for payment of funeral expenses is made, the monetary value of leave is to be paid in the following order (each class taking to the exclusion of the others):
(1) to the widow or widower of the employee; or
(2) to the children of the employee; or
(3) to the dependent relatives of the employee; or
(4) to the personal representative of the employee (that is the Estate)
4.7 Recreation Leave Loading -
(a) Employees are to be granted a recreation leave loading equivalent to 17.5 per cent of four weeks' ordinary salary or wages, provided that the loading payable does not, in any case, exceed the loading calculated in accordance with the foregoing on the maximum salary applicable from time to time to Grade 12, Clerk under the Public Sector Employment and Management Act 2002.
(b) There shall be a leave loading year ending 30 November, in every year. The full entitlement to the loading on recreation leave that the employee has accrued over the previous leave year is to be paid to the employee on the first occasion when he or she takes sufficient recreation leave to enable the employee to be absent from duty for at least two consecutive weeks after 1 December in any year. The loading will apply only to leave accrued in the year ending on the preceding 30 November.
(c) Leave and salary records need to be endorsed to indicate that the leave loading for the previous leave loading year has been paid.
(d) In the event of no such absence occurring by 30 November of the following year, the employee is to be paid the monetary value of the recreation leave loading payable on leave accrued as at 30 November of the previous leave year, notwithstanding that the employee has not entered on leave. Leave and salary records need to be endorsed to indicate that the payment has been made.
(e) On retirement or termination of services by the employer for any reason other than misconduct an employee, who has not already taken a period of recreation leave since the preceding 1 December and who has not been paid the recreation leave loading in respect of such leave, is to be paid the recreation leave loading which would have been payable had such leave been taken.
(f) The recreation leave loading is not to be paid when an employee is granted recreation leave to credit or the monetary value of recreation leave to credit on resignation or dismissal for misconduct.
(g) Broken service during the year does not attract the recreation leave loading. If an employee resigns and is subsequently re-employed during the same year, only the service from the date of re-employment is to be taken into account for annual leave loading purposes.
(h) Rate of Payment -
(1) The recreation leave loading is to be calculated on the salary or wage rate paid for the leave when taken.
(2) If an increase in the salary or wage rate occurs during a period of leave, retrospective adjustment of the recreation leave loading is to be made. Where payment is made as at 30 November, because no period of two weeks' leave has been taken during the year, the payment is to be calculated at the rate which would have been paid had the leave been taken at 30 November.
(3) Provided adequate notice is given, the recreation leave loading is to be paid prior to entry on leave, generally at the same time as the salary or wages in respect of the period of leave.
(4) The recreation leave loading may be calculated in the following manner:
(i) Annual Salaries; loading on 4 weeks leave; divide the annual salary by 74.54.
(ii) Weekly Rates; loading on 4 weeks leave; divide the weekly rate by 1.4286.