C2008-36 Crown Employees (Public Sector Salaries - 2008) Award - Settlement of Claim with the Public Service Association

Status: not-current

1. INTRODUCTION

The purpose of this Circular is to advise Department and Agency Heads of arrangements related to the settlement of the Crown Employees (Public Sector Salaries –2008) Award.

The settlement provides for three 4% wage increases over the life of the Award. The increases will be funded pursuant to the NSW Government wages policy with 2.5% per annum funded and 1.5% per annum funded from the implementation of central and agency based reform measures as outlined in the agreed Memorandum of Understanding (MOU) (Attachment A).

The MOU provides for a range of important central reform measures (including management of excess employees, modernising human resources and recruitment practices, sick leave, workers compensation rehabilitation and annual leave liability reduction) supplemented by agency level measures (Clause 6 of the MOU). The New South Wales Industrial Relations Commission (NSWIRC) made a commitment to assist agencies to achieve the required reform outcomes that will provide relevant savings by implementing an expedited process to resolve any disputes over the reform measures. There will be a coordinated approach to this process of agency reforms through the Public Sector Workforce Office (PSWO).

2. SALARY INCREASES

The terms of the agreement are:

  • 4% increase from the first full pay period on or after 1 July 2008
  • 4% increase from the first full pay period on or after 1 July 2009
  • 4% increase from the first full pay period on or after 1 July 2010

The new Crown Employees (Public Sector – Salaries 2008) Award was made by the Industrial Relations Commission on 2 October 2008 and agencies are now authorised to pay the first 4% increase retrospectively from 1 July 2008.

Only rates of pay contained in the attached schedule of Awards, Determinations and Agreements are to be increased (Attachment B).

These increases shall only be paid to those employees who are employed as at the date of the making of the Award except for former staff members that retired between 1 July 2008 and 2 October 2008 inclusive, will be entitled to be paid the dollar amount of the increase for the period between 1 July 2008 and their respective retirement date. Please note: this provision is for retired staff members only and payment is not to be made to any other former staff member that left the Public Service between 1 July 2008 and 2 October 2008.

3. METHODS OF ADJUSTMENT – SALARIES, WAGES AND ALLOWANCES

3.1 Salaries - annual rates

All annual rates are to be rounded off to the nearest dollar, with figures less than 50 cents going to the lower amount, and with figures 50 cents or more going to the higher amount.

Junior rates are calculated as a percentage of an adult rate
These rates are to be adjusted in accordance with their percentage relative to the adult rate.

Junior rates other than those calculated on a percentage basis
These rates are to be adjusted as specified in the usual way.

3.2 Wages - weekly rates

All weekly rates are to be rounded off to the nearest 10 cents, with figures less than 5 cents going to the lower amount, and with figures 5 cents or more going to the higher amount.

Junior rates are calculated as a percentage of an adult rate
These rates are to be adjusted in accordance with their percentage relative to the adult rate.

Junior rates other than those calculated on a percentage basis
The rates are to be adjusted as specified in the usual way.


3.3 Adjustment of Allowances

Allowances subject to adjustment listed at Attachment C shall be adjusted by an increase of 4%, with effect from the beginning of the first pay period to commence on or after 1 July 2008.

Those allowances listed in Attachment D are not to be adjusted.

3.4 Shift Allowances

Shift allowances expressed as a percentage of a salary or wage shall continue to be calculated as a percentage of such salary or wage.

Annual shift allowances shall be rounded off to the nearest dollar, with figures less than 50 cents to go to the lower amount and with figures 50 cents or more to go to the higher amount.

Weekly shift allowances shall be rounded off to the nearest 10 cents, with figures less than 5 cents to go to the lower amount and with figures 5 cents or more to go to the higher amount.

In the case of sums expressed as payable per shift or per hour, they are to be converted to a weekly equivalent and adjusted in the manner indicated above. The resultant figure is to be divided by five or the appropriate number of weekly hours normally worked.

3.5 Other Allowances

Allowances expressed as a percentage of a salary or wage shall continue to be calculated as a percentage of such salary or wage.

Allowances expressed as a formula or by reference to a salary or wage shall continue to be calculated as specified in the relevant Award, Agreement or Determination.

Annual allowances shall be rounded off to the nearest dollar, less than 50 cents to go to the lower amount and 50 cents or more to go to the higher amount.

Weekly allowances shall be rounded off to the nearest 10 cents, less than 5 cents to go to the lower amount and 5 cents or more to go to the higher amount.

In the case of sums expressed as payable per shift or per hour, such sums shall be converted to a weekly equivalent and adjusted in the same manner indicated above for weekly rates. The resultant figure is to be divided by 5 or the appropriate number of weekly hours normally worked by that classification.

4. OVERTIME

In accordance with Clause 96 of the “Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006”, the maximum salary rate on which overtime payment may be calculated is set out below:

A staff member whose salary, or salary and allowance in the nature of salary, exceeds the maximum rate for Clerk Grade 8, as varied from time to time, shall be paid for working directed overtime at the maximum rate for Clerk, Grade 8 plus $1.00, unless the Department Head approves payment for directed overtime at the staff member’s salary or, where applicable, salary and allowance in the nature of salary.

5. PART-TIME AND CASUAL EMPLOYEES

Where an industrial instrument, including a determination of the Director of Public Employment has specified the method or formula for calculating part-time or casual rates, agencies should now adjust the part-time or casual rate according to the formula.

All other part-time and casual rates will be considered separately upon application to the PSWO.

6. EMPLOYEES RECEIVING SALARY MAINTENANCE

Employees who are receiving salary maintenance to a salary rate subject to adjustment, are to have their salaries adjusted in line with the above instructions.

7. CENTRAL AND AGENCY REFORMS

Please note variations will be made to relevant industrial instruments pursuant to the MOU.

The MOU is at Attachment A and the NSWIRC Recommendation is at Attachment E.

ENQUIRIES

If you have any Agency specific enquiries about the information in the Circular please contact your PSWO client contact officer or if you have a general enquiry about the information in the Circular (including if you are unsure how this applies to your Agency) contact Mark Whybrow on 9228 3531.

Director-General        
Robyn Kruk

Issued: 7 October 2008
Contact: Mark Whybrow
Email: mark.whybrow@dpc.nsw.gov.au
Telephone no: 9228 3531
Facsimile: 9228 4056
File no: PSM/10615
Date: 7 October 2008
This circular supersedes Circular 2007-02.

ATTACHMENT B

SCHEDULE A - LIST OF AWARDS, AGREEMENTS AND DETERMINATIONS

The wages, salaries and relevant allowances under this Award are payable to employees appointed to or performing the duties of any of the positions covered by the following Awards, Agreements and Determinations

Awards

Crown Employees (Administrative and Clerical Officers - Salaries) Award 2007

Crown Employees (Aboriginal Housing Office) Award 2007

Crown Employees Casino Control Authority - Casino Inspectors (Transferred from the Department of Gaming and Racing) Award 2007

Crown Employees (Correctional Officers, Department of Corrective Services) Award

Crown Employees (Correctional Officers, Department of Corrective Services) Award 2007 for Kempsey, Dillwynia and Wellington Correctional Centres

Crown Employees (Court Officers Attorney General’s Department) Award

Crown Employees (Department of Commerce) Award 2008

Crown Employees (Department of Environment and Climate Change) General Award

Crown Employees (Department of Environment and Climate Change - Parks and Wildlife Group) Conditions of Employment Award

Crown Employees (Department of Juvenile Justice - Detention Centres 2005) Award

Crown Employees (Department of the Arts, Sport and Recreation - Catering Officers) Award

Crown Employees (Department of the Arts, Sport and Recreation – Centre Managers) Award 2008

Crown Employees (Department of the Arts, Sport and Recreation - Program Officers) Award

Crown Employees (Department of the Arts, Sport and Recreation - Services Officers) Award

Crown Employees (Exhibition Project Managers and Officers) Australian Museum Award

Crown Employees (General Assistants in Schools - Department of Education and Training) Award

Crown Employees (General Managers, Superintendents, Managers Security and Deputy Superintendents, Department of Corrective Services) Award 2005

Crown Employees (General Staff - Salaries) Award 2007

Crown Employees (Greyhound and Harness Racing Regulatory Authority – Greyhound Racing Employees) Award 2007

Crown Employees (Greyhound and Harness Racing Regulatory Authority – Harness Racing Staff) Conditions of Employment Award 2007

Crown Employees Historic Houses Trust (Gardens - Horticulture and Trades Staff) Award 2007

Crown Employees (Home Care Service of New South Wales - Administrative Staff) Award 2007

Crown Employees (Interpreters and Translators, Community Relations Commission) Award

Crown Employees (Jenolan Caves Reserve Trust Division) Salaries Award

Crown Employees - Legal Officers (Crown Solicitor’s Office, Office of the Legal Aid Commission, Office of the Director of Public Prosecutions and Parliamentary Counsel's Office) Award

Crown Employees (Librarians, Library Assistants, Library Technicians and Archivists) Award 2005

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

Crown Employees (Museum of Applied Arts and Sciences - Casual Guide Lecturers) Award 2007

Crown Employees (NSW Attorney General’s Department - Reporting Services Branch) Sound Reporters Award 2007

Crown Employees (New South Wales Department of Ageing, Disability and Home Care) Community Living and Residential Award

Crown Employees (New South Wales Department of Ageing, Disability and Home Care) Residential Centre Support Services Staff Award

Crown Employees (NSW Department of Commerce, Government Chief Information Office and OICT Projects, Office of Public Works and Services) Award 2005

Crown Employees (NSW Department of Community Services) After Hours Service Award

Crown Employees (NSW Department of Lands – Departmental Officers) Award

Crown Employees (NSW Department of Lands – Graphic Service Operators) Award

Crown Employees (NSW Department of Primary Industries) Domestic Services Officers Award

Crown Employees (NSW Department of Primary Industries) Fisheries Staff Award

Crown Employees (NSW Department of Primary Industries – Forests NSW) Forestry Field Officers Award

Crown Employees (NSW Department of Primary Industries – Forests NSW) Senior Staff Award

Crown Employees (NSW Department of Primary Industries) Geoscientists Award

Crown Employees (NSW Department of Primary Industries) Land Information Officers Award

Crown Employees (NSW Department of Primary Industries) Local Coordinator Allowance Award

Crown Employees (NSW Department of Primary Industries) Mine Safety and Environment Officers Award

Crown Employees (NSW Department of Primary Industries) Operational Staff Award

Crown Employees (NSW Department of Primary Industries) Professional Officers Award

Crown Employees (NSW Department of Primary Industries) Regulatory Officers Award

Crown Employees (NSW Department of Primary Industries) Technical Staff Award

Crown Employees (NSW Police Administrative Officers and Temporary Employees Conditions of Employment) Award 2006

Crown Employees (NSW Police Administrative Officers and Temporary Employees - Salaries 2006) Award

Crown Employees (NSW Police Force Communications Officers) Award

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

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

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

Crown Employees (Office of the NSW Food Authority - Food Safety Officers) Award

Crown Employees (Office of the Sydney Harbour Foreshore Authority 2007) Award

Crown Employees (Office of the WorkCover Authority – Inspectors 2007) Award

Crown Employees (Parks and Gardens - Horticulture and Rangers Staff)  Consent Award 2007

Crown Employees (Parliamentary Electorate Officers) Award

Crown Employees (Parliament House Conditions of Employment) Award 2007

Crown Employees (Physiotherapists, Occupational Therapists, Speech Pathologists and Music Therapists) Award

Crown Employees (Planning Officers) Award 2008

Crown Employees (Psychologists) Award

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006

Crown Employees (Research Scientists) Award 2007

Crown Employees (Resource NSW) Award 2005

Crown Employees (Rural Fire Service Salaries and Conditions of Employment 2003) Award

Crown Employees (School Administrative and Support Staff) Award

Crown Employees (Senior Assistant Superintendents and Assistant Superintendents, Department of Corrective Services) Award 2005

Crown Employees (Senior Officers Salaries) Award 2007

Crown Employees (Sheriff’s Officers) Award 2007

Crown Employees (State Emergency Service Communication Centre - Continuous Shift Workers) Award 2006

Crown Employees (State Emergency Service) Learning and Development Officers Award 2007

Crown Employees (State Emergency Service) Region Controllers Award 2008

Crown Employees (State Library Security Staff) Award 2007

Crown Employees (Technical Officers - Treasury) Award 2007

Crown Employees (Tipstaves to Justices) Award 2007

Crown Employees (Trades Assistants) Award

Zoological Parks Board of New South Wales Salaried Employees Award

Agreements and Determinations

Architects etc. Agreement No. 1733 of 1971

Artists, etc., Australian Museum; Designers and Senior Designer, National Parks & Wildlife Service; Artist, Chief, Exhibitions Department and Keeper of Exhibits, Museum of Applied Arts and Sciences Agreement No. 2196 of 1975

Bandmaster, Department of Corrective Services, Determination No. 936 of 2004

Cadet Conditions and Rates of Pay, Various Departments Determination No. 938 of 2004

Cartographers, Engineering Survey Drafting Officers, Survey Drafting Officers, Photogrammetrists, Computers All Departments Agreement No. 2439 of 1982

Casual Drug Counsellors - Department of Corrective Services Determination No. 935 of 2004

Clerical Officers Agreement No. 2515 of 1988 and Determination No. 877 of 1989

Community Offender Support Program Centres, Department of Corrective Services Determination No. 960 of 2008

Computer Operators - Salaries - Public Service Board Determination No. 642 of 1981 and Determination No.801 of 1983

Computer Systems Officers -TAFE - Public Service Board Determination

Conservators, Cultural Institutions Agreement No. 2504 of 1987

Co-ordinators and Directors Community Justice Centres, Department of the Attorney General Determination No. 808 of 1983

Coordinator, Visual Arts, Long Bay Correctional Complex - Department of Corrective Services Determination No. 929 of 2002

Curators and Registrars Cultural Institutions Agreement No. 2508 of 1987

Dental Auxiliaries (TAFE) - Public Service Board Advice 77/4514 of 14.7.82

Departmental Professional Officers Determination No. 866 of 1987

Department of Transport Officers Employment Conditions Agreement No. 2548 of 1998

Education Officers, etc., Department of Culture, Sport and Recreation, Public Service Board Determination No. 473 of 1975

Education Officer Department of Training and Education Co-ordination Determination No. 912 of 1996

Engineers Agreement No. 1734 of 1971

Escorts and Travelling Attendants Agreement No. 2270 of 1980

Gardening, Parks and Horticultural and Landscape Staff Amending Agreement No. 2320 of 1982; Gardening, Parks and Horticultural and Landscape Staff Agreement No. 2266 of 1980; Determination No. 767 of 1982

General Division Driver/Assistant etc Various Departments Agreement No. 2478 of 1985

General Division (Trade Based Groups) Agreement No. 2301 of 1980; Amending Agreement No. 2317 of 1981; Determination No. 764 of 1982

Glenfield Park School Staff, Department of Education, Determination No. 787 of 1983

Guidance Officer, Department of Industrial Relations; Research Officers, Division of Vocational Guidance Services, Department of Industrial Relations, Department of Corrective Services, Department of Family and Community Services, Department of Health NSW; Research Officers (Non‑Legally Qualified) Law Reform Commission, Department of Attorney General; Psychologists, Department of Health NSW, Department of Corrective Services, Department of Family and Community Services; Research Anthropologists, Department of Health NSW; Rehabilitation Counsellor Workers Compensation Commission Agreement No. 2405 of 1982; Amending Agreement No. 2520 of 1989

Interpretive Assistants, National Parks and Wildlife Service, Industrial Authority Determination

Laboratory Attendants, Trainee Technical Officers (Scientific), Technical Officers (Scientific) and Senior Technical Officer (Scientific), Various Departments Agreement No. 2369 of 1982

Legal Officers, Various Departments Agreement No. 2375 of 1982

Maintenance Officer State Library of NSW, Determination No 939 of 2004

Media Monitoring Unit, Premier’s Department Agreement No. 2546 of 1997

Miscellaneous Professional Officers, Department of Water Resources Agreement No. 2535 of 1991

Parliament House, Administrative and Clerical Officers, Determinations of the Presiding Officers

Parliament House, Other Clerical Officers, Determinations of the Presiding Officers

Parliamentary Attendant Staff, Determinations of the Presiding Officers

Parliamentary Staff (Security Officers, Attendants/Gatekeepers, Joint Services Staff, Food and Beverages Staff) Agreement No. 2379 of 1981, Agreement No. 2381 of 1981, Agreement No. 2382 of 1981

Parole Officers, Department of Corrective Services Industrial Authority Determination

Petty Sessions Officers ‑ Local Courts Administration Determination No. 741 of 1982

Pharmacists Agreement No. 2441 of 1982

Pilots Forestry Commission Determination No. 843 of 1985

Program Support Officers, Tabulam, Department of Corrective Services Determination No. 959 of 2008

Psychologists, Community Offender Services, Department of Corrective Services Determination No. 958 of 2008

Publicity Officers and Public Relations Officers Agreement No. 2126 of 1975

Scientific Officers Various Departments Agreement No. 2433 of 1982

Security Officers and Senior Security Officers, Various Departments Determination No. 768 of 1982

Social Workers, Various Departments Agreement No. 2374 of 1982

Stores Officers Various Departments; Agreement No. 2038 of 1973; Determination 534 of 1978; Determination 747 of 1982

Student Association Officer, Department of Technical and Further Education Determination No. 5 of 2001

Surveyors, Trigonometrical Surveyors and Cartographic Surveyors, Various Departments Agreement No. 2449 of 1982

Technical Officers (Engineering) Determination No. 803 of 1983

Technical Surveyors, All Departments Agreement No. 2494 of 1986

Technician (Security Services), Department of Education and Training, Public Service Board Determination dated 4 February 1988

Timekeepers and/or Storekeepers, Various Departments (other than State Dockyards) Salaries Agreement No. 2418 of 1982

Tracers, Various Departments, Agreement No.2192 of 1975

Visual Aids Officers Agreement No.1810 of 1971

ATTACHMENT C - ALLOWANCES SUBJECT TO ADJUSTMENT

Additional Responsibilities Allowance
All Incidents of Employment Allowance
Charge Hand Allowance
Community Language Allowance
Diving Allowance
Environmental Allowance
Extraneous Duties Allowance
First Aid Allowance
Flying Allowance
In-Lieu of Overtime Allowance
Leading Hand Allowance
Licence Allowances covered in Trade Based Groups Agreement No. 2301 of 1981 and the Crown Employees (General Staff Salaries) Award 2003
Officer-in-Charge Allowance
On-Call Allowance
Part-Time Building Managers/House Officers Allowance
Any Wage Related Allowances applicable to the Crown Employees (General Staff Salaries) Award 2003
Qualifications Allowances – where the qualification is deemed to be a requisite for the position in question
Resident Officers Allowance
Shift Allowances
Special Rates Allowance
Supervision Allowance
Service Increments expressed as a separate sum
Word Processing Allowance

In addition to the allowances listed above, any other allowances in the Awards, Agreements and Determinations listed in Schedule A of this attachment that are normally moved in accordance with salary increases are to be adjusted in line with the salary increases of the 2008 award.

ATTACHMENT D - ALLOWANCES NOT SUBJECT TO ADJUSTMENT

Allowances for Board and Lodging
Clothing Allowance
Efficiency Allowances (typing, shorthand etc.)
Examination Allowance
Expense Related Allowances including
Tool Allowance
Meal Allowances
Excess Fares and Travelling Time
Garage or Office Allowance
Insurance of Tools Allowance
Project Management Allowance
Special or Skill Shortage Allowance