AN120505 – Social and Community Services Employees (State) Award

23. REGRADING AND CLASSIFICATION COMMITTEE

23.1 Where an employee and their employer are unable to resolve a dispute relevant to the appropriate grading of the employee the dispute is to be referred to the Regrading and Classification Committee.

23.2 Function of Committee

The function of the Regrading and Classification Committee is to deal with disputes arising out of the translation of individual employees from the classification structure under the Social and Community Service (State) (Interim) Award 1991 to this Award, as well as to resolve disputes over classifications and grading that arise under this Award.

(a) The translation for Grades 1 - 4 is operative from 28 November 2001.

(b) The translation for Grades 5 - 6 is operative from 28 May 2002.

23.3 Process for Regrading and Classification Exercise

(a) Where the employee(s) disputes the grading, in the first instance the employee(s) shall seek a review by using Clause 48 - Grievance and Dispute Settling Procedure (a) (b) (c) (d).

(b) In the event of failure to resolve the grading dispute in this manner, the employee(s) can lodge an appeal with the Regrading and Classification Committee.

(c) The employee(s) must lodge an appeal in writing within one month (28 days) of the employee(s) being graded. The appeal must set out grounds in support of a regrading.

(d) The appeal in (c) shall then be considered within 2 weeks (14 days) and the evaluation of that job reassessed.

(e) The Committee shall consist of:

One union or employee representative, and two employer representatives. (see 23.4)

(f) The Committee shall interview the applicant(s) and the employer as part of the process.

(g) Final decision on the appeal should be reached by consensus if possible.

(h) In the absence of consensus, the Committee shall determine the matter.

(i) If either party is not satisfied with the determination of the Committee, either party may refer the matter to the NSW Industrial Relations Commission for resolution. Such application shall be made within (three weeks) 21 days from the date that the Committee determined the matter.

23.4 Composition of Committee

(a) 1 union representative nominated by the Union, or other representative nominated by the employee.

(b) 1 employer representative from an industry wide panel established by employers. This person would not be nominated or employed by the employer involved in the appeal before the Committee.

(c) 1 employer representative of the applicant'(s) employer but not a person previously directly involved in the appeal. This person may be any nominee of the relevant employer internal or external.

23.5 All classification issues other than those referred to in 23.2 shall be dealt with in accordance with Clause 48 - Grievance and Dispute Settling Procedure.