Crown Employees (NSW Police Force Administrative Officers and Temporary Employees) Award 2009

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Commissioner of Police.

 

(Nos. IRC 1535 of 2008 and 1150 of 2009)

 

 

AWARD

 

PART A

 

SECTION 1 - FRAMEWORK

 

1.  Arrangement

 

Clause No.       Subject Matter

 

Section 1 - Framework

 

1.        Arrangement

2.        Title

3.        Definitions

4.        Parties to the Award

5.        Conditions of Employment

6.        Coverage

7.        Statement of Intent

8.        Work Environment

9.        Grievance and Dispute Settling Procedures

 

Section 2 - Salaries

 

10.      Salaries

11.      Salary Packaging Arrangements including Salary Sacrifice to Superannuation

 

Section 3 - Attendance/Hours of Work

 

12.      Local Arrangements

13.      Working Hours

14.      Part-time Employment

15.      Morning and Afternoon Breaks

16.      Meal Breaks

17.      Variation of Hours

18.      Natural Emergencies and Major Transport Disruptions

19.      Notification of Absence from Duty

20.      Public Holidays

21.      Standard Working Hours

22.      Flexible Working Hours

23.      Rostered Days Off for 38 Hour Week Workers

24.      Non-Compliance

25.      Flexible Work Practices

26.      Existing Hours of Work Determinations

 

Section 4 - Travel Arrangements

 

27.      Travelling Compensation

28.      Excess Travelling Time

29.      Waiting Time

30.      Meal Expenses on One Day Journeys

31.      Restrictions on Payment of Travelling Allowances

32.      Increase or Reduction in Payment of Travelling Allowances

33.      Production of Receipts

34.      Travelling Distance

 

Section 5 - Allowances and other matters

 

35.      Camping Allowances

36.      Composite Allowance

37.      Allowance Payable for Use of Private Motor Vehicle

38.      Damage to Private Motor Vehicle Used for Work

39.      Camping Equipment Allowance

40.      Allowance for Living in a Remote Area

41.      Assistance to Staff Members Stationed in a Remote Area When Travelling on Recreation Leave

42.      Overseas Travel

43.      Exchanges

44.      Room at Home used as Office

45.      Semi-Official Telephones

46.      Flying Allowance

47.      Uniforms, Protective Clothing and Laundry Allowance

48.      Compensation for Damage to or Loss of Staff Member’s Personal Property

49.      Garage and Carport Allowance

50.      Community Language Allowance Scheme (CLAS)

51.      First Aid Allowance

52.      Review of Allowances Payable in Terms of This Award

 

Section 6 - Union Consultation, Access and Activities

 

53.      Trade Union Activities Regarded as On Duty

54.      Trade Union Activities Regarded as Special Leave

55.      Trade Union Training Courses

56.      Conditions applying to On Loan Arrangements

57.      Period of Notice for Trade Union Activities

58.      Access to Facilities by Trade Union Delegates

59.      Responsibilities of the Trade Union Delegate

60.      Responsibilities of the Trade Union

61.      Responsibilities of Workplace Management

62.      Right of Entry Provisions

63.      Travelling and Other Costs of Trade Union Delegates

64.      Industrial Action

65.      Consultation and Technological Change

66.      Deduction of Trade Union Membership Fees

 

Section 7 - Leave

 

67.      Leave - General Provisions

68.      Absence from Work

69.      Applying for Leave

70.      Extended Leave

71.      Family and Community Service Leave

72.      Leave Without Pay

73.      Military Leave

74.      Observance of Essential Religious or Cultural Obligations

75.      Parental Leave

76.      Purchased Leave

77.      Recreation Leave

78.      Annual Leave Loading

79.      Sick Leave

80.      Sick Leave - Requirements for Evidence of Illness

81.      Sick Leave to Care for a Family Member

82.      Sick Leave - Workers Compensation

83.      Sick leave - Claims Other Than Workers Compensation

84.      Special Leave

 

Section 8 - Training and Professional Development

 

85.      Staff Development and Training Activities

86.      Study Assistance

 

Section 9 - Shift Work and Overtime

 

87.      Shift Work

88.      Overtime - General

89.      Overtime Worked by Shift Workers

90.      Overtime Worked by Day Workers

91.      Recall to Duty

92.      On-Call (Stand-by) and On-Call Allowance

93.      Overtime Meal Breaks

94.      Overtime Meal Allowances

95.      Rate of Payment for Overtime

96.      Payment for Overtime or Leave in Lieu

97.      Calculation of Overtime

98.      Provision of Transport in Conjunction with Working of Overtime

 

Section 10 - Miscellaneous

 

99.      Anti-Discrimination

100.    Secure Employment

101.    Existing Entitlements

102     No Extra Claims

103.    Leave Reserved

104.    Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Translation Table for Clerical Officer Classification

Table 3 - Allowances

 

2.  Title

 

This award shall be known as the Crown Employees (NSW Police Force Administrative Officers and Temporary Employees) Award 2009.

 

3.  Definitions

 

3.1      Act means the NSW Police Act 1990.

 

3.2      Accumulation means the accrual of leave or time. In respect of weekly study time accumulation means the aggregation of short periods of weekly study time which is granted for private study purposes.

 

3.3      Administrative Officer means a person employed as an Administrative Officer under the NSW Police Act 1990.

 

3.4      Agreement means an agreement referred to in section 86 of the Act or an agreement as defined in the Industrial Relations Act 1996.

 

3.5      Approved Course means a course relevant to the employment of the staff member in NSW Police Force or the Public Service approved by the Commissioner.

 

3.6      Association means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

3.7      At the convenience of means the operational requirements permit the staff member's release from duty or that satisfactory arrangements are able to be made for the performance of the staff member's duties during the absence.

 

3.8      Award means an award as defined in the Industrial Relations Act 1996.

 

3.9      Birth means the birth of a child and includes stillbirth.

 

3.10    Capital City means the area set out as the area for the Sydney Telephone District Directory coded N00 in the Sydney White Pages or within a corresponding area in the Capital City of another State or Territory.

 

3.11    Commissioner means the Commissioner of the NSW Police Force.

 

3.12    Contract hours for the day for a full time staff member, means one fifth of the full time contract hours, as defined in this award.  For a part time staff member, contract hours for the day means the hours usually worked on the day.

 

3.13    Daily rate or Rate per day means the rate payable for 24 hours, unless otherwise specified.

 

3.14    Daily span of hours means, for a staff member required to work standard hours, the full time standard hours defined in this award. For a staff member required to work flexible hours, the "daily span of hours" means the hours which normally fall within the bandwidth of the scheme applicable to the staff member and which do not attract payment for overtime, unless otherwise prescribed in this award.

 

3.15    Day worker means a staff member, other than a shift worker, who works the ordinary hours from Monday to Friday inclusive between the hours of 7.00 a.m. and 7.00 p.m. or as negotiated under a local arrangement.

 

3.16    Director of Public Employment or DPE means the position of Director of Public Employment established under Chapter 6 of the Public Sector Employment and Management Act 2002.

 

3.17    Expected date of birth, in relation to a staff member who is pregnant, means a date specified by her medical practitioner to be the date on which the medical practitioner expects the staff member to give birth as a result of the pregnancy.

 

3.18    Extended leave means extended (long service) leave to which a staff member is entitled under the provisions of Part 6 of the Police Regulation 2008, as amended from time to time.

 

3.19    Flexible Working Hours Agreement means the agreement outlined in clause 22, Flexible Working Hours of this award, applicable to staff members other than a shift worker.

 

3.20    Flexible working hours credit means the time exceeding the contract hours for a settlement period and includes any time carried over from a previous settlement period or periods.

 

3.21    Flexible working hours debit means the contract hours not worked by a staff member and not covered by approved leave during the settlement period, as well as any debit carried over from the previous settlement period or periods.

 

3.22    Flexible Work Practices, Policy and Guidelines means the document negotiated between the Director of Public Employment, Unions NSW and affiliated unions which enables staff members to rearrange their work pattern.

 

3.23    Flex leave means a period of leave available to be taken by a staff member working under the Flexible Working Hours Agreement outlined in clause 22 of this award.

 

3.24    Full day means the standard full time contract hours for the day, i.e., seven or eight hours depending on the classification of the staff member.

 

3.25    Full pay or half pay means the staff member's ordinary rate of pay or half the ordinary rate of pay respectively.

 

3.26    Full-time contract hours means the standard weekly hours, that is, 35 or 38 hours per week, depending on the classification, required to be worked as at the date of this award.

 

3.27    Full-time position means a position which is occupied, or if not for being vacant, would be occupied, by a full-time staff member.

 

3.28    Full-time staff member means a staff member whose ordinary hours of duty are specified as such in a formal industrial instrument or whose contract hours are equivalent to the full-time contract hours for the job classification.

 

3.29    Half day means half the standard contract hours for the day.

 

3.30    Headquarters means the centre(s) to which a staff member is attached or from which a staff member is required to operate on a long-term basis.

 

3.31    Industrial action means industrial action as defined in the Industrial Relations Act 1996.

 

3.32    Local Arrangement means an agreement reached at the organisational level between the Commissioner and the Association in terms of clause 12, Local Arrangements of this award.

 

3.33    Local holiday means a holiday which applies to a particular township or district of the State and which is not a public holiday throughout the State.

 

3.34    NSW Police Force means the NSW Police Force as established by the Act.

 

3.35    Normal hours of duty means:

 

for a staff member working standard hours - the fixed hours of duty, with an hour for lunch, worked in the absence of flexible working hours;

 

for a staff member working under a flexible working hours scheme or local arrangement negotiated under clause 12, Local Arrangements - the hours of duty the Commissioner requires a staff member to work within the bandwidth specified under the flexible working hours scheme or local arrangement.

 

3.36    Normal work means, for the purposes of subclause 9.11 of clause 9, Grievance and Dispute Settling Procedures of this award, the work carried out in accordance with the staff member’s position or job description at the location where the staff member was employed, at the time the grievance or dispute was notified by the staff member.

 

3.37    Official overseas travel means authorised travel out of Australia by a staff member where the staff member proceeds overseas on official business.

 

3.38    On duty means the time required to be worked for the NSW Police Force.  For the purposes of clause 53, Trade Union Activities Regarded as on Duty of this award, on duty means the time off with pay given by the NSW Police Force to the accredited Association delegate to enable the Association delegate to carry out legitimate Association activities during ordinary work hours without being required to lodge an application for leave.

 

3.39    On loan means an arrangement between the NSW Police Force and the Association where a staff member is given leave of absence from the workplace to take up employment with the staff member’s Association for a specified period of time during which the Association is required to reimburse the NSW Police Force for the staff member's salary and associated on-costs.

 

3.40    On special leave means the staff member is required to apply for special leave in order to engage in an activity which attracts the grant of special leave in the terms of this award.

 

3.41    Ordinary hourly rate of pay means the hourly equivalent of the annual rate of pay of the classification as set out in Table 1 - Rates of Part B, Monetary Rates of this award.

 

3.42    Overtime means all time worked, whether before or after the ordinary daily hours of duty, at the direction of the Commissioner, which, due to its character or special circumstances, cannot be performed during the staff members ordinary hours of duty.

 

3.43    Part-time entitlement, unless specified otherwise in this award, means pro rata of the full-time entitlements calculated according to the number of hours a staff member works in a part-time position or under a part-time arrangement.

 

3.44    Part-time hours means hours which are less than the hours which constitute full-time work under the relevant industrial instrument.

 

3.45    Part-time position means a designated part-time position and, unless otherwise specified, includes any position which is filled on a part-time basis.

 

3.46    Part-time staff member means a staff member whose ordinary hours of duty are specified as part-time in a formal industrial instrument or whose contract hours are less than the full-time hours.

 

3.47    Prescribed ceasing time means, for a staff member working standard hours or rostered shifts the conclusion of daily standard hours or rostered shift for that staff member.  For a staff member working under a flexible working hours scheme, prescribed ceasing time means the conclusion of bandwidth of the scheme applying to that staff member.

 

3.48    Prescribed starting time means, for a staff member not working under a flexible working hours scheme, the commencement of standard daily hours or rostered shift of that staff member. For a staff member working under a flexible working hours scheme, prescribed starting time means the commencement of bandwidth of the scheme applying to that staff member.

 

3.49    Public holiday means a day proclaimed under the Banks and Bank Holidays Act 1912, as a bank or a public holiday. This definition does not include a Saturday which is such a holiday by virtue of section 15A of that Act, and 1 August or such other day that is a bank holiday instead of 1 August.

 

3.50    Recall to duty means those occasions when a staff member is directed to return to duty outside the staff member’s ordinary hours or outside the bandwidth in the case of a staff member working under a flexible working hours scheme.

 

3.51    Regulation means the Police Regulation 2008.

 

3.52    Relief staff means staff employed on a temporary basis to provide relief in a position until the return from authorised leave of the substantive occupant or in a vacant position until it is filled substantively.

 

3.53    Residence, in relation to a staff member, means the ordinary and permanent place of abode of the staff member.

 

3.54    Rostered Day Off means, for the purposes of clause 23, Rostered Days Off for 38 Hour Week Workers of this award, a day off in a regular cycle at a time operationally convenient.

 

3.55    Seasonal staff means staff employed on a temporary basis for less than three months to meet seasonal demands which cannot be met by staff already employed in the NSW Police Force and which, because of their seasonal nature, do not justify employment of staff on a long-term basis.

 

3.56    Secondment means an arrangement agreed to by the Commissioner, the staff member and another public service Department, a public sector organisation or a private sector organisation which enables the staff member to work in such other organisation for an agreed period of time and under conditions agreed to prior to the commencement of the period of secondment. Secondments under sections 95 and 95A of the Police Act will comply with the provisions of Part 3.2 Staff Mobility of the Public Sector Employment and Management Act 2002.

 

3.57    Shift worker - Continuous Shifts means a staff member engaged in work carried out in continuous shifts throughout the 24 hours of each of at least six consecutive days without interruption except during breakdown or meal breaks or due to unavoidable causes beyond the control of the Commissioner.

 

3.58    Shift worker - Non-continuous Shifts means a staff member who is not a day worker or a shift worker - continuous shifts, as defined above.

 

3.59    Short leave means the leave which was available to be granted to staff in the case of pressing necessity and which was replaced by family and community service leave from 20 September 1994.

 

3.60    Staff member means an officer or temporary employee as defined in the Act and unless otherwise specified in this award, includes both full-time and part-time staff. For the purposes of maternity leave, as set out in clause 75, Parental Leave of this award, staff member means a female staff member.

 

3.61    Standard hours are set and regular hours of operation as determined by the Commissioner in accordance with any direction of the DPE. Standard hours are generally the hours which were in operation prior to the introduction of flexible working hours or have been determined as standard hours for the organisation since the introduction of flexible working hours.

 

3.62    Standby means an instruction given by the Commissioner to a staff member to be available for immediate contact in case of an authorised call-out requiring the performance of duties.

 

3.63    Study leave means leave without pay granted for courses at any level or for study tours during which financial assistance may be approved by the Commissioner, if the activities to be undertaken are considered to be of relevance or value to the NSW Police Force and/or the public service.

 

3.64    Study Time means the time allowed off from normal duties on full pay to a staff member who is studying in a part-time course which is of relevance to NSW Police Force and/or the public service, as defined in the Public Sector Employment and Management Act 2002.

 

3.65    Supervisor means the immediate supervisor or manager of the area in which a staff member is employed or any other staff member authorised by the Commissioner to fulfil the role of a supervisor or manager, other than a person engaged as a consultant or contractor.

 

3.66    Temporary Employee means a person employed as a Temporary Employee under the Act to carry out work for a specified period.

 

3.67    Temporary work location means the place at or from which a staff member temporarily performs official duty if required to work away from their usual place of work.

 

3.68    Trade Union or Union means a registered trade union, as defined in the Industrial Relations Act 1996.

 

3.69    Trade Union Delegate means an accredited Association delegate responsible for his/her workplace; and/or a person who is elected by the Association as its representative, an executive member or a member of the Association's Council.

 

3.70    Trade Union Official means a person who is employed by the Association to carry out duties of an official in a permanent or temporary capacity, including elected full-time officials and/or staff members placed on loan to the Association for an agreed period of time.

 

3.71    Workplace means the whole of the organisation or, as the case may be, a branch or section of the organisation in which the staff member is employed.

 

3.72    Workplace Management means the Commissioner or any other person authorised by the Commissioner to assume responsibility for the conduct and effective, efficient and economical management of the functions and activities of the organisation or part of the organisation.

 

4.  Parties to the Award

 

The parties to this award are:

 

The Commissioner of the NSW Police Force, and

 

Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

5.  Conditions of Employment

 

This award contains the current common conditions of employment as negotiated by the Commissioner and the Association.

 

6.  Coverage

 

The provisions of this award shall apply to Administrative Officers and Temporary Employees (as specified in the award) as defined in the Act.

 

7.  Statement of Intent

 

This award aims to consolidate, in the one document, all common conditions of employment of staff employed in the NSW Police Force, to encourage the consultative processes to facilitate, as appropriate, greater flexibility in the workplace and to help ensure that the excess hours, accumulated as a result of NSW Police Force work requirements, are not forfeited.

 

8.  Work Environment

 

8.1      Occupational Health and Safety - The parties to this award are committed to achieving and maintaining accident-free and healthy workplaces within the NSW Police Force by:

 

8.1.1   the development of policies and guidelines for the NSW Police Force and, as and when appropriate on Occupational Health, Safety and Rehabilitation;

 

8.1.2   assisting to achieve the objectives of the Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001 by establishing agreed Occupational Health and Safety consultative arrangements within NSW Police Force work premises; to identify and implement safe systems of work, safe work practices, working environments and appropriate risk management strategies; and to determine the level of responsibility within the NSW Police Force to achieve these objectives;

 

8.1.3   identifying training strategies for staff members, as appropriate, to assist in the recognition, elimination or control of workplace hazards and the prevention of work related injury and illness;

 

8.1.4   developing strategies to assist the rehabilitation of injured staff members;

 

8.1.5   directly involving the Commissioner in the provisions of paragraphs 8.1.1 to 8.1.4 inclusive of this subclause.

 

8.2      Equality in employment - The NSW Police Force is committed to the achievement of equality in employment and the award has been drafted to reflect this commitment.

 

8.3      Harassment-free Workplace - Harassment on the grounds of sex, race, marital status, physical or mental disability, sexual preference, transgender, age or responsibilities as a carer is unlawful in terms of the Anti-Discrimination Act 1977. Management and staff of the NSW Police Force are required to refrain from, or being party to, any form of harassment in the workplace.

 

9.  Grievance and Dispute Settling Procedures

 

9.1      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 NSW Police Force, if required.

 

9.2      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.

 

9.3      Where the grievance or dispute 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 Commissioner or delegate.

 

9.4      The immediate manager, or other appropriate officer, 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.

 

9.5      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) working days, or as soon as practicable. The staff member may pursue the sequence of reference to successive levels of management until the matter is referred to the Commissioner.

 

9.6      The Commissioner may refer the matter to the DPE for consideration.

 

9.7      If the matter remains unresolved, the Commissioner shall provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

9.8      A staff member, at any stage, may request to be represented by the Association.

 

9.9      The staff member or the Association on their behalf, or the Commissioner may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

9.10    The staff member, Association, and the NSW Police Force shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

9.11    Whilst the procedures outlined in subclauses 9.1 to 9.10 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.

 

SECTION 2 - SALARIES

 

10.  Salaries

 

10.1    The salaries under this award are payable to staff members appointed to or performing the duties of any of the positions or classifications listed in Table 1 - Rates of Pay of Part B, Monetary Rates, of this award.

 

10.2    The salaries payable are prescribed in Table 1 - Rates of Pay.

 

10.3    The salaries in this award are set in accordance with the Crown Employees (Public Sector - Salaries 2008) Award or any variation or any replacement award.

 

10.4    The salaries prescribed reflect increases of:

 

10.4.1 4% to salaries in Part B of this award, which are payable with effect from the first pay period to commence on or after 1 July 2008; and

 

10.4.2 a further 4% to salaries paid under paragraph 10.4.1 of this subclause, which are payable with effect from the first pay period to commence on or after 1 July 2009;

 

10.4.3 a further 4% to salaries paid under paragraph 10.4.2 of this subclause, which are payable with effect from the first pay period to commence on or after 1 July 2010.

 

10.5    The salary increases referred to in subclause 10.4 of this clause, in so far as they apply from the first full pay period on or after 1 July 2008, shall only be paid to those staff members who are employed as at the date of the making of the Crown Employees (Public Sector - Salaries 2008) Award.

 

10.6    The following allowances are subject to adjustment in line with the salary increases:

 

Community Language Allowance

 

First Aid Allowance

 

Flying Allowance

 

On-Call Allowance

 

Shift Allowances

 

10.7    In addition to the allowances listed in subclause 10.6 of this clause, any other allowance applying to classifications in Table 1 which is normally moved in accordance with salary increases is to be adjusted in line with the salary increases.

 

11.  Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

11.1    For the purposes of this clause "salary" means the salary or rate of pay prescribed for the staff member’s classification by clause 10, Salaries, and Part B, to this award.

 

11.2    By mutual agreement with the Commissioner, a staff member may elect to package part or all of their salary in order to obtain:

 

11.2.1 a benefit or benefits selected from those approved from time to time by the Commissioner; and

 

11.2.2 a salary equal to the difference between the salary prescribed for the staff member by clause 10, Salaries, and Part B to this award, and the amount specified by the Commissioner from time to time for the benefit provided to or in respect of the staff member in accordance with such agreement.

 

11.3    The amount packaged, including any salary sacrifice to superannuation arrangement under subclauses 11.10 to 11.14 of this clause, may be up to one hundred (100) percent of the staff member’s salary.

 

11.3.1 Any pre tax and post tax payroll deductions must be taken into account prior to determining the amount of salary available to be packaged.  Such payroll deductions may include, but are not limited to, compulsory superannuation payments, judgment debtor/garnishee orders, union fees, and health fund premiums.

 

11.4    An election to salary package must be made prior to the commencement of the period of service to which the earnings relate.

 

11.5    The agreement shall be known as the Salary Packaging Agreement.

 

11.6    Except in accordance with subclauses 11.10 to 11.14 of this clause, a Salary Packaging Agreement shall be recorded in writing and shall be for a period of time as mutually agreed between the staff member and the Commissioner at the time of signing the Salary Packaging Agreement.

 

11.7    Where the staff member has elected to package part or all of their salary:

 

11.7.1 subject to Australian Taxation law, the amount of salary packaged will reduce the salary subject to appropriate PAYG taxation deductions by the amount packaged; and

 

11.7.2 any allowance, penalty rate, payment for unused leave entitlements, weekly workers compensation or other payment, other than any payments for leave taken in service, to which a staff member is entitled under this award or any applicable award, Act or statute which is expressed to be determined by reference to the staff member’s salary, shall be calculated by reference to the salary which would have applied to the staff member under clause 10, Salaries, or Part B of this award in the absence of any Salary Packaging Agreement made under this award.

 

11.8    The Commissioner may vary the range and type of benefits available from time to time following discussion with the Association.  Such variations shall apply to any existing or future Salary Packaging Agreement from the date of such variation.

 

11.9    The Commissioner will determine from time to time the value of the benefits provided following discussion with the Association.  Such variations shall apply to any existing or future Salary Packaging Agreement from the date of such variation.  In this circumstance, the staff member may elect to terminate the Salary Packaging Agreement immediately.

 

11.10   A staff member may elect to sacrifice a part or all of their salary to additional employer superannuation contributions.

 

11.11   Where the staff member makes such an election, the staff member may elect to have the amount of salary sacrificed:

 

11.11.1          paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

 

11.11.2          subject to NSW Police Force agreement, paid into another complying superannuation scheme as employer superannuation contributions.

 

11.12   Where the staff member makes an election in terms of subclause 11.10 of this clause, the NSW Police Force shall pay the amount of salary, the subject of election, to the relevant superannuation fund.

 

11.13   Where the staff member makes an election in terms of subclause 11.10 of this clause, and where the staff member is a member of a superannuation scheme established under the:

 

11.13.1          Police Regulation (Superannuation) Act 1906;

 

11.13.2          Superannuation Act 1916;

 

11.13.3          State Authorities Superannuation Act 1987;

 

11.13.4          State Authorities Non-contributory Superannuation Act 1987; or

 

11.13.5          First State Superannuation Act 1992,

 

The NSW Police Force must ensure that the amount of any additional employer superannuation contributions specified in subclause 11.10 of this clause is included in the staff member’s superable salary which is notified to the SAS Trustee Corporations.

 

11.14   Where the staff member makes an election in terms of subclause 11.10 of this clause, and where, prior to electing to sacrifice a part or all of their salary to superannuation, a staff member had entered into an agreement with the NSW Police Force to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause 11.13 of this clause, the NSW Police Force will continue to base contributions to that fund on the salary payable to the same extent as applied before the staff member sacrificed that amount of salary to superannuation.  This clause applies even though the superannuation contributions made by the NSW Police Force may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

 

SECTION 3 - ATTENDANCE/HOURS OF WORK

 

12.  Local Arrangements

 

12.1    Local arrangements may be negotiated between the Commissioner and the Association in respect of the whole of the NSW Police Force or part of the NSW Police Force in relation to any matter contained in the award.

 

12.2    All local arrangements negotiated between the Commissioner and the Association must:

 

12.2.1 be approved in writing by the Commissioner, and

 

12.2.2 be approved in writing by the General Secretary of the Association, and

 

12.2.3 be contained in a formal document, such as a co-lateral agreement, a memorandum of understanding, an award, an enterprise agreement or other industrial instrument, and

 

12.2.4 include a clause allowing either party to terminate the arrangement by giving 12 months’ notice.

 

12.3    Subject to the provisions of subclause 12.2 of this clause, nothing in this clause shall prevent the negotiation of local arrangements between the Commissioner and the Association in respect of the provisions contained in clause 25, Flexible Work Practices of this award, where the conditions of employment of any group are such that the application of the standard flex time provisions would not be practicable.  Where such local arrangements do not include provisions in relation to core time, settlement periods, contract hours, flex credit, flex debit, or flex leave, the relevant provisions of clause 22, Flexible Working Hours of this award shall apply.

 

12.4    Attendance and the accrual of flexible working hours credit - A staff member may only work outside the hours of a standard day but within the bandwidth and accrue hours toward a flexible working hours credit if the work is available to be performed.

 

12.5    Where a staff member has accrued 8 weeks recreation leave, unless otherwise authorised by their manager, flex leave can only be taken where recreation leave has been applied for and approved.  If, however, recreation leave has been applied for and declined or not actioned by the manager, access to flex leave is still available.

 

13.  Working Hours

 

13.1    The working hours of staff and the manner of their recording, shall be as determined from time to time by the Commissioner in accordance with any direction of the DPE. Such direction will include the definition of full time contract hours as contained in clause 3, Definitions of this award.

 

13.2    The staff member in charge of a Command/division or branch of the NSW Police Force will be responsible to the Commissioner for the proper observance of hours of work and for the proper recording of such attendance.

 

13.3    The Commissioner may require a staff member to perform duty beyond the hours determined under subclause 13.1 of this clause but only if it is reasonable for the staff member to be required to do so. A staff member may refuse to work additional hours in circumstances where the working of such hours would result in the staff member working unreasonable hours.  In determining what is unreasonable the following factors shall be taken into account:

 

13.3.1 the staff member’s prior commitments outside the workplace, particularly the staff member’s family and carer responsibilities, community obligations or study arrangements,

 

13.3.2 any risk to staff member’s health and safety

 

13.3.3 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,

 

13.3.4 the notice (if any) given by the Commissioner regarding the working of the additional hours, and by the staff member of their intention to refuse the working of additional hours, or

 

13.3.5 any other relevant matter.

 

13.4    The application of hours of work is subject to the provisions of this clause.

 

13.5    The ordinary hours may be standard or flexible and may be worked on a full time or part-time basis.

 

13.6    The Commissioner shall ensure that all staff members employed in the NSW Police Force are informed of the hours of duty required to be worked and of their rights and responsibilities in respect of such hours of duty.

 

14.  Part-Time Employment

 

14.1    General

 

14.1.1 This clause shall only apply to part-time staff members whose conditions of employment are not otherwise provided for in another industrial instrument.

 

14.1.2 Part-time work may be undertaken with the agreement of the Commissioner. Part-time work may be undertaken in a part-time position or under a part-time arrangement.

 

14.1.3 A part-time staff member is to work contract hours less than full-time hours.

 

14.1.4 Unless otherwise specified in the award, part-time staff members receive full time entitlements on a pro rata basis calculated according to the number of hours a staff member works in a part-time position or under a part-time arrangement. Entitlements to paid leave will accrue on the equivalent hourly basis.

 

14.1.5 Before commencing part-time work, the Commissioner and the staff member must agree upon:

 

(a)      the hours to be worked by the staff member, the days upon which they will be worked, commencing and ceasing times for the work, and whether hours may be rostered flexibly;

 

(b)      whether flexible working hours provisions or standard hours provisions will apply to the part-time staff member; and

 

(c)      the classification applying to the work to be performed;

 

14.1.6 The terms of the agreement must be in writing and may only be varied with the consent of both parties.

 

14.1.7 Incremental progression for part-time staff members is the same as for full-time staff members, that is, part-time staff members receive an increment annually.

 

14.2    Additional hours

 

14.2.1 The NSW Police Force may request, but not require, a part-time staff member to work additional hours. For the time worked in excess of the staff member’s usual hours and up to the normal full-time hours for the classification, part-time staff members may elect to:

 

(a)      be paid for additional hours at their hourly rate plus a loading of 4/48ths in lieu of recreation leave; or

 

(b)      if working under a Flexible Working Hours scheme under clause 22 of this award, or a  Local Agreement made in accordance with clause 12 of this award, have the time worked credited as flex time.

 

14.2.2 For time worked in excess of the full-time hours of the classification, or outside the bandwidth payment shall be made at the appropriate overtime rate in accordance with clause 95, Rate of Payment for Overtime of this award.

 

15.  Morning and Afternoon Breaks

 

Staff members may take a 10 minute morning break, provided that the discharge of public business is not affected and, where practicable, they do so out of the view of the public contact areas. Staff members, other than the 38 hour week workers, may also take a 10 minute afternoon break, subject to the same conditions as apply to the morning break.

 

16.  Meal Breaks

 

16.1    Meal breaks must be given to and taken by staff members. No staff member shall be required to work continuously for more than 5 hours without a meal break, provided that:-

 

16.1.2 where the prescribed break is more than 30 minutes, the break may be reduced to not less than 30 minutes if the staff member agrees. If the staff member requests to reduce the break to not less than 30 minutes, the reduction must be operationally convenient; and

 

16.1.3 where the nature of the work of a staff member or a group of staff members is such that it is not possible for a meal break to be taken after not more than 5 hours, local arrangements may be negotiated between the Commissioner and the Association to provide for payment of a penalty.

 

17.  Variation of Hours

 

17.1    If the Commissioner is satisfied that a staff member is unable to comply with the general hours operating in the NSW Police Force because of limited transport facilities, urgent personal reasons, community or family reasons, the Commissioner may vary the staff member's hours of attendance on a one off, short or long-term basis, subject to the following:

 

17.1.1 the variation does not adversely affect the operational requirements;

 

17.1.2 there is no reduction in the total number of daily hours to be worked;

 

17.1.3 the variation is not more than an hour from the commencement or finish of the span of usual commencing and finishing time;

 

17.1.4 a lunch break of one hour is available to the staff member, unless the staff member elects to reduce the break to not less than 30 minutes;

 

17.1.5 no overtime or meal allowance payments are made to the staff member, as a result of an agreement to vary the hours;

 

17.1.6 ongoing arrangements are documented; and

 

17.1.7 the Association is consulted, as appropriate, on any implications of the proposed variation of hours for the work area.

 

18.  Natural Emergencies and Major Transport Disruptions

 

18.1    A staff member prevented from attending work at a normal work location by a natural emergency or by a major transport disruption may:

 

18.1.1 apply to vary the working hours as provided in clause 17, Variation of Hours of this award and/or

 

18.1.2 negotiate an alternative working location with the NSW Police Force; and/or

 

18.1.3 take available family and community service leave and/or flex leave, recreation or extended leave or leave without pay to cover the period concerned.

 

19.  Notification of Absence from Duty

 

19.1    If a staff member is to be absent from duty, other than on authorised leave, the staff member must notify the supervisor, or must arrange for the supervisor to be notified, as soon as possible, of the reason for the absence.

 

19.2    If a staff member is absent from duty without authorised leave and does not provide an explanation of the absence to the satisfaction of the Commissioner, the amount representing the period of absence shall be deducted from the staff member's pay.

 

20.  Public Holidays

 

20.1    Unless directed to attend for duty by the Commissioner, a staff member is entitled to be absent from duty without loss of pay on any day which is:

 

20.1.1 a public holiday throughout the State; or

 

20.1.2 a local holiday in that part of the State at or from which the staff member performs duty; or

 

20.1.3 a day between Boxing Day and New Year's Day determined by the Commissioner as a public service holiday.

 

20.2    A staff member, who is required by the Commissioner to work on a local holiday may be granted time off in lieu on an hour for hour basis for the time worked on a local holiday.

 

20.3    If a local holiday falls during a staff member's absence on leave, the staff member is not to be credited with the holiday.

 

21.  Standard Working Hours

 

21.1    Standard hours are set and regular with an hour for lunch and, if worked by the staff member under a flexible working hours scheme, would equal the contract hours required to be worked under the scheme. Standard hours could be full time or part-time.

 

21.2    Urgent Personal Business - Where a staff member requires to undertake urgent personal business, appropriate leave or time off may be granted by the Commissioner.  Where time off has been granted, such time shall be made up as set out in subclause 21.4 of this clause.

 

21.3    Late Attendance - If a staff member is late for work, such staff member must either take appropriate leave or, if the Commissioner approves, make the time up in accordance with subclause 21.4 of this clause.

 

21.4    Making up of Time - The time taken off in circumstances outlined in subclauses 21.2 and 21.3  of this clause must be made up at the earliest opportunity.  The time may be made up on the same day or on a day or days agreed to between the staff member and the Commissioner.

 

22.  Flexible Working Hours

 

22.1    Exclusions

 

Flexible working hours shall not apply to staff members who work shift work.

 

22.2    Statement of Intent

 

The Association, staff members and management are committed to fostering flexible work practices under Flexible Working Hours for the benefit of staff members and the achievement of the organisation’s goals. The Association, staff members and management will work co-operatively to ensure the successful implementation of Flexible Working Hours.

 

All parties are committed to managing time worked to avoid forfeiture of hours.

 

22.3    Statement of Agreed Principles

 

Decisions regarding working hours and patterns of work will be made by taking into account the following factors:

 

22.3.1 The convenience of the NSW Police Force in terms of:

 

(a)      the requirements of a particular work unit

 

(b)      the operational requirements of the NSW Police Force

 

(c)      the availability of work

 

22.3.2 The personal commitments and needs of the staff members.

 

22.4    General

 

22.4.1 The contract hours for the twelve week settlement period of Flexible Working Hours are 420. The maximum debit hours that can be carried forwarded from one settlement period to the next is 10 hours, except as otherwise specifically provided within subclause 22.17 of this clause.  Therefore, the minimum adjusted total of Accrued Work Time (AWT) at the end of any settlement period is 410 hours.

 

22.4.2 All absences due to leave will be credited to a staff member’s AWT.  Such absences may be for periods as short as 15 minutes, with the appropriate amount of time for the absence being recorded as AWT on the staff member’s record of attendance and debited to the staff member’s leave records maintained by the NSW Police Force.  A full day absence is equivalent to 7 hours.

 

22.4.3 Absences due to industrial action will be managed in accordance with the provision of 6-21.7 of the New South Wales Government Personnel Handbook published by the Department of Premier and Cabinet on-line at www.dpc.nsw.gov.au.

 

22.4.4 Absences using Flexitime or Banked time may be taken in conjunction with recreation leave and may occur on more than one occasion during a settlement period within the limits of Flexible Working Hours.

 

22.5    Definitions

 

"Accrued Work Time" is all time worked by the staff member (except paid overtime) during the settlement period, on any day of the week.

 

"Bandwidth" is the period during the day when all staff members may work and may record and accrue credit for time worked.

 

"Banked Time" is the terminology given to those hours/days nominated by a staff member to be banked at the end of a settlement period.

 

"Core time" is the period during the day when all staff members are required to be on duty, unless on authorised leave. The lunch period is not part of core time.

 

"Flex time" is the terminology given to those periods of time that a staff member may absent themselves from work with the approval of their supervisor under Flexible Working Hours during which no time is credited towards the staff member’s Accrued Work Time.

 

"Joint Consultative Committee" is a forum established under the consultative arrangements agreed upon by the New South Wales Government, the Association and Unions NSW to promote, encourage and facilitate harmonious industrial relations between employers and staff members at the workplace or enterprise level.

 

22.6    Settlement Period and Ordinary Hours.

 

22.6.1 The settlement period is twelve weeks. (Previously 4 weeks).

 

22.6.2 Ordinary Hours for full time Staff members are 35 hours per week, Monday to Friday.  Standard hours are 35 hours per week between 8.30 am and 4.30 pm Monday to Friday.

 

22.6.3 Ordinary hours for part-time Staff members are less than 35 hours per week, Monday to Friday.

 

22.7    Bandwidth

 

22.7.1 The standard bandwidth is 7.00 am to 7.00 pm (previously 7.30 am to 6.00 pm), Monday to Friday, during which time normal work can be undertaken.

 

22.7.2 By mutual agreement between a staff member and their supervisor, the standard bandwidth may be varied to an agreed bandwidth.  Prior to the agreement being reached the staff member may consult with the Association.  The variation to the bandwidth must be in the form of a signed written agreement between both parties. In no case shall the agreed bandwidth exceed 12 hours.

 

22.7.3 If approval to work outside the bandwidth is neither sought nor given, then time worked outside the standard or agreed bandwidth is not to be counted towards AWT.

 

22.8    Core Time

 

22.8.1 The standard core time is 9.30 am to 3.00pm (previously 9.30 am to 3.30 pm).

 

22.8.2 By mutual agreement between a staff member and their supervisor, a staff member may work an alternative core time of a minimum 5 -1/2 hour span within the standard or agreed bandwidth, inclusive of a meal break of up to 2 -1/2 hours.

 

22.8.3 As outlined at paragraph 22.9.6 of this clause, where staff members are directed as to commencing or concluding times, core time will be adjusted accordingly.

 

22.9    Hours Worked

 

22.9.1 A staff member may select commencing and concluding times from day to day, subject to the provisions of this Flexible Working Hours clause.

 

22.9.2 Where it appears work is not available, a staff member may be directed not to commence duty prior to a specified time, not being a time later than the commencement of standard hours.

 

22.9.3 A staff member may only accumulate credit hours in excess of the minimum daily contract hours where their supervisor is satisfied that work is available and it is convenient to the NSW Police Force for the staff member to so work.

 

22.9.4 All staff members are entitled to work a minimum 7 hours on any day.  A staff member cannot be directed to work less than 7 hours on any day.  A staff member may be directed to work 7 hours on any day, Monday to Friday.

 

22.9.5 A staff member may elect to work standard hours.  Standard hours will be 7 hours work per day with a 1 hour lunch break, Monday to Friday. The staff member, in agreement with the supervisor, may nominate commencing and concluding times for the standard hours.

 

22.9.6 Flexible Working Hours recognises the need to provide satisfactory levels of customer service to clients.  This includes internal and external clients.  In order that a satisfactory level of customer service is provided to clients, where a business unit within the NSW Police Force can demonstrate a need to provide a level of service between certain hours, staff members may be directed to commence work at a time earlier than the standard hours commencing time or to conclude work later than the standard hours finishing time within the standard or agreed bandwidth.

 

22.9.7 Staff members cannot be directed as to commencing or concluding times in accordance with paragraph 22.9.6 of this subclause until approval is granted to the business unit by the Manager, Industrial Relations Branch following advice to the Association, and reasonable notice as to commencement.  The reasonableness of any direction as to commencing or concluding times under paragraph 22.9.6 of this subclause may be raised with the Joint Consultative Committee.

 

22.9.8 Nothing in this clause shall prevent the NSW Police Force from requiring a staff member to revert to working standard hours where it is evident that the staff member is not observing the conditions of Flexible Working Hours.

 

22.9.9 Staff members may not be directed as to both commencing and concluding times except by way of a direction to work standard hours.

 

22.10   Weekend Work

 

22.10.1          The purpose of this clause is to facilitate at the staff member’s request only, and then only with the approval of the supervisor, the working of ordinary hours on a weekend as a substitute for a weekday or days.  Any such arrangement is subject to the provisions of this clause and is not to be used to circumvent the provisions of subclause 22.14 of this clause.  All work directed on weekends is to be paid in accordance with the provisions of subclause 22.14.

 

22.10.2          At the request of a staff member, and with the approval of their supervisor, a staff member may undertake ordinary work on Saturdays and/or Sundays (without the payment of overtime) within the limitations of the standard or agreed bandwidth.  The time worked is to be counted towards Accrued Work Time (AWT).

 

22.10.3          With the approval of the supervisor, a staff member undertaking work on Saturdays and/or Sundays may disregard the core time provisions of this clause.

 

22.10.4          Where a staff member undertakes work on Saturdays and/or Sundays they may, with the approval of their supervisor, absent themselves from duty on a one day for one day basis, on any day or days between Monday and Friday. If a Saturday or Sunday is worked, a staff member may absent themselves from duty for one day. If both Saturday and Sunday are worked, a staff member may absent themselves from duty for two days, which may be consecutive.

 

22.10.5          Absences under the clause are always subject to the prior approval of the supervisor. Any such day or days taken off under this arrangement will not affect the availability of the number of Flex time days or "Banked" days otherwise available within Flexible Working Hours.

 

22.10.6          Staff members who with the approval of their supervisor, are desirous of utilising the provisions of this clause are expected to agree on the application of all of the provisions of this clause before commencing work on a Saturday and/or Sunday.

 

22.11   Lunch Breaks and Meal Breaks

 

22.11.1          Time taken for lunch breaks and meal breaks does not count toward Accrued Work Time.

 

22.11.2          No staff member shall be required to work more than five (5) consecutive hours without a meal break of at least 30 minutes

 

22.11.3          Lunch breaks must be of at least 30 minutes duration with an entitlement of up to one and a half hours (previously 1 hour)

 

22.11.4          With the supervisor’s prior approval, a longer lunch break may be taken, up to a maximum of 2-1/2 hours. Lunch breaks within the standard bandwidth and core time may be taken between 11.00am and 2.30 pm (previously 11.30 am - 2.30 pm)

 

22.12   Flexitime and Banked Time Entitlements

 

22.12.1          All staff may take up to 6 Flex time days off in any settlement period. This time may be taken off with other forms of authorised leave including Banked Time. The issue of when Flex time days are taken is subject to the supervisor’s approval, consistent with the provisions of subclause 22.3 of this clause.  The 6 Flex time days may be taken as either full days or half days or combinations thereof.  A staff member does not receive credit towards their Accrued Work Time (AWT) when taking Flex time.  It is not necessary for a staff member to have a credit balance when taking a Flex time day or days.

 

22.12.2          All staff may Bank time as "Banked" days subject to the provisions of paragraph 22.12.3 of this subclause.  A "Banked" day is equivalent to 7 hours, and the staff member’s AWT will be reduced by this amount for each day banked. A "Banked" day or days may only be banked using hours in excess of 420 for the settlement period. "Banked" days may only be taken as full days.  Seven (7) hours will be credited to a staff member’s AWT when a "Banked" day is utilised for leave.

 

22.12.3          A staff member may Bank time each settlement period on the following basis:

 

(a)      where the Staff member takes up to 6 Flex time days the bank is zero;

 

(b)      where the Staff member takes up to 5 Flex time days the possible bank is 1 day;

 

(c)      where the Staff member takes up to 4 Flex time days the possible bank is 2 days;

 

(d)      where the Staff member takes up to 3 Flex time days the possible bank is 3 days;

 

(e)      where the Staff member takes less than 3 Flex time days the possible bank is 3 days.

 

22.12.4          Over four or more settlement periods a maximum or equivalent of 12 days may be banked.  Staff members cannot accumulate more than 12 "Banked" days.

 

22.12.5          "Banked" days may be taken with other forms of authorised leave including Flex time and can be taken in quantities ranging from 1 to 12 days.  The issue of when "Banked" days are taken is subject to the supervisor’s approval.

 

22.12.6          Subject to paragraph 22.12.3 of this subclause, relevant staff members and supervisors will make every effort to ensure that a situation does not arise where a staff member who has accumulated the maximum 12 "Banked" days, forfeits hours at the end of any settlement period.

 

22.13   Accrual of Accrued Work Time (AWT)

 

22.13.1          All time worked during the settlement period in accordance with Flexible Working Hours (except paid overtime) will count towards a staff member’s Accrued Work Time (AWT).

 

22.13.2          A staff member should have a total AWT of at least 410 hours at the conclusion of a settlement period. The minimum of 410 hours includes all credited AWT and all approved leave, but does not include unused Banked Time.

 

22.13.3          Where AWT is less than 410 hours at the end of a settlement period, a staff member will be required to submit a recreation leave form for the amount of shortfall or alternatively they may, subject to paragraph 22.13.4 of this subclause, use up 3 "Banked" days to pay off debit hours. Where a staff member has no recreation leave available, leave without pay for the amount of time below 410 hours will apply and the leave without pay is credited to the AWT total. Where a staff member consistently totals 410 hours AWT or less at the end of settlement periods, the NSW Police Force may require the staff member to revert to standard hours.

 

22.13.4          A staff member with "Banked" days, and a debit balance in excess of 10 hours at the end of a settlement period, may use 1, 2 or 3 "Banked" days to pay off debit hours. Where a staff member uses up to 3 "Banked" days to pay off debit hours and accumulated AWT is still less than 410 hours, the provisions of paragraph 22.13.3 of this subclause will apply.

 

22.13.5          A staff member is entitled to accumulate and/or carry forward hours in excess of 420 ordinary hours at the end of a settlement period up to and including 42 hours.

 

22.13.6          Where a staff member exceeds 462 hours at the end of a settlement period, and the excess hours are not converted into "Banked" day or days in accordance with paragraph 22.13.7 of this subclause, the hours in excess of 462 will be forfeited.

 

22.13.7          Subject to the provisions of paragraphs 22.12.2 and 22.12.3  of this clause, at the end of a settlement period, a  staff member may convert the hours in excess of 420 into a "Banked" day or days.

 

22.13.8          A staff member with AWT at the conclusion of a settlement period that amounts to less than 420 and greater than 410 hours must carry the appropriate debit hours forward to the next settlement period.

 

22.14   Work Outside the Standard or Agreed Bandwidth (Overtime)

 

22.14.1          The overtime provisions of this award will apply to work directed to be performed outside the standard or agreed bandwidth.

 

22.14.2          Application of overtime under Flexible Working Hours will be as follows:

 

(a)      If at the direction of the supervisor, a staff member works outside the standard or agreed bandwidth, overtime provisions will apply

 

(b)      At the direction of the supervisor, a staff member may be required to work overtime on a Monday to Friday, provided that the staff member has worked a minimum of 7 hours within the standard or agreed bandwidth on that day.

 

22.15   Higher Duties Allowance

 

22.15.1          The parties agree that the implementation of Flexible Working Hours should not result in additional costs to the NSW Police Force with regard to the payment of Higher Duties Allowance (HDA).

 

22.15.2          Where a staff member performs relief in another position as a result of a "Banked" day or "Banked" days being taken by the incumbent, the relief performed will not attract HDA, nor will it be recognised for the purposes of accruing an entitlement to HDA.

 

22.15.3          Where a staff member performs relief in another position as a result of a Flex time day or Flex time days being taken by the incumbent, the relief performed will not attract HDA, nor will it be recognised for the purposes of accruing an entitlement to HDA.

 

22.15.4          Where "Banked" days and/or Flex time days are combined with other absences (ie recreation leave, sick leave, etc), the other absences must be taken as a continuous block. This continuous block will determine a staff member’s eligibility to claim an HDA.

 

22.16   Travelling on Official Business

 

22.16.1          Any travel on official business during the standard or agreed bandwidth on a working day shall be treated as time worked for the purposes of Flexible Working Hours.

 

22.16.2          Staff members shall be compensated for travelling time outside the standard or agreed bandwidth in accordance with the provisions of clause 27, Travelling Compensation of this award.

 

22.17   Disruption of Transport

 

22.17.1          Where a staff member is delayed or prevented from attending the work place as a result of a transport strike or a major transport delay, the following conditions will apply.

 

(a)      The staff member may commence or cease duty at any time. Time worked on such days will accumulate in the normal way.

 

(b)      Where a staff member is unable to attend the work place due to a transport disruption and is unable to work from home or attend another place of work, the staff member may take the full day off as an additional Flex time day in the period and may carry the additional hours forward into the following settlement period.

 

(c)      A staff member affected by transport disruption will not be debited recreation leave or leave without pay if the staff member has, as a consequence of the transport delay, accrued less than 410 hours in the settlement period coinciding with the transport disruption. However, the staff member must ensure that their adjusted total of AWT is at least 410 hours at the end of the following settlement period.

 

22.18   Separation from the NSW Police Force

 

22.18.1          Where a staff member gives notice or resignation, retirement or transfer to another government department, the supervisor and staff member will, during the period of notice, take all reasonable steps to eliminate any accumulated credit or debit hours, including "Banked Time".

 

22.18.2          Supervisors will take all reasonable steps to facilitate the elimination of accumulated credit or debit hours by such staff members. The provisions relating to Core time may be varied by the supervisor if necessary.

 

22.18.3          Staff members may be directed by the supervisor, in relation to their hours of attendance, to ensure that AWT is balanced to neither credit nor debit, at the conclusion of their last day of service. Such direction may include the taking of "Banked" or Flex time days.

 

22.18.4          Where a staff member has an accumulation of debit hours at the completion of the last day of service, the accumulated recreation leave or moneys owing to that staff member will be adjusted accordingly.

 

22.18.5          Where despite the provisions of this clause, a staff member has an accumulation of credit hours at the completion of the last day of service, then the accumulated credit hours are to be paid to the staff member at the current salary rate.  However, if requested by the staff member and agreed by the new agency, some or all such credit hours may be carried forward to the new agency.

 

22.19   Part-Time Staff Members

 

22.19.1          Part-time staff members may accumulate Accrued Work Time (AWT) and have the same rights to flexible working hours as full-time staff members but calculated on a pro-rata hours basis. They may not be required to work more than their contract hours.

 

22.19.2          A staff member who is employed under a part-time work arrangement which does not require fixed starting or finishing times on all the normal working days may accrue up to the maximum pro-rata accumulated credit and debit entitlements under Flexible Working Hours.

 

22.19.3          Contract hours for a staff member working under a part-time arrangement shall be calculated on the total number of agreed hours to be worked in a settlement period.

 

22.19.4          Pro-rata Flex time entitlements shall be calculated to the nearest half hour on a pro-rata basis. Pro-rata Banked time entitlement shall be calculated to the nearest "Banked" day. When taking either a half or full Flex time day, the additional time to cover the absence could be made up over the settlement period with the supervisor’s approval or by taking either recreation or extended leave.

 

22.19.5          A staff member who elects to change from full-time to part-time work by agreement, may be permitted to exhaust accumulated Flex time entitlements prior to commencing part-time work, or have any existing accumulated credit balance carried over. Future entitlements for Flex time from this accumulated credit hour balance carry over shall be calculated on the basis of fulltime work until exhausted.

 

22.19.6          A staff member who changes from part-time to full time employment by agreement, may be permitted to exhaust accumulated Flex time entitlements prior to commencing fulltime work, or carry over the entitlement, which until exhausted shall be calculated in accordance with paragraph 22.19.4 of this subclause.

 

22.20   Grievances

 

The parties shall co-operate in the monitoring of the operation of Flexible Working Hours.  Identified operational and administrative problems may be raised either at workplace level through the applicable grievance procedures or through the Joint Consultative Committee.

 

23.  Rostered Days Off for 38 Hour Week Workers

 

23.1    The provisions of this clause apply only to those staff members who work a 38 hour week and are entitled to a rostered day off in a regular cycle.

 

23.2    Time for a rostered day off accrues at 0.4 of an hour each 8 hour day.

 

23.2.1 Except as provided in paragraph 23.2.2 of this subclause, all paid ordinary working time and paid leave count towards accrual of time for the rostered day off.

 

23.2.2 Limit - When a long period of approved leave is taken, accrual towards a rostered day off applies only in respect of the 4 weeks’ period during which the staff member resumes duty.

 

23.2.3 Exception - Notwithstanding the provisions of paragraph 23.2.2 of this subclause, where more generous provisions apply to the accrual of rostered days off, such provisions shall continue to apply until renegotiated.

 

23.3    In the event of unforeseen circumstances or NSW Police Force operational requirements, the rostered day off may be deferred and taken at a later more suitable time.

 

23.4    Where seasonal or school vacation considerations affect NSW Police Force operations, rostered days off may be accrued and taken during a less active period.

 

23.5    A rostered day off is not to be re-credited if the staff member is ill or incapacitated on a rostered day off.

 

23.6    Payment of higher duties is not to be made to another staff member for undertaking some or all of the duties of the staff member who is absent on a rostered day off.

 

24.  Non-Compliance

 

In the event of any persistent failure by a staff member to comply with the hours of duty required to be worked, the Commissioner, shall investigate such non compliance as soon as it comes to notice and shall take appropriate remedial action according to the Commentary and Guidelines on Conduct and Performance Provisions - Part 2.7 of the Public Sector Employment and Management Act 2002.

 

25.  Flexible Work Practices

 

25.1    Nothing in this award shall affect the hours of duty of a staff member who is covered by a written flexible working hours agreement negotiated under the Flexible Work Practices, Policy and Guidelines.

 

25.2    Flexible working hours agreements negotiated in terms of the NSW Government Flexible Work Practices, Policy and Guidelines after 28 October 1997 shall be subject to the conditions specified in this award and in consultation with the Association.

 

26.  Existing Hours of Work Determinations

 

Any existing Determinations/Agreements, pursuant to sections 86 and 87 of the Act on local arrangements in respect of the hours of work which operated in the NSW Police Force as at the effective date of 9 October 2006 of the Crown Employees (NSW Police Administrative Officers and Temporary Employees Conditions of Employment) Award 2006 published 1 December 2006 (361 I.G. 977), shall continue to apply until renegotiated.

 

SECTION 4 - TRAVEL ARRANGEMENTS

 

27.  Travelling Compensation

 

27.1    Any authorised official travel and associated expenses, properly and reasonably incurred by a staff member required to perform duty at a location other than their normal headquarters shall be met by the NSW Police Force.

 

27.2    The Commissioner shall require staff members to obtain an authorisation for all official travel prior to incurring any travel expense.

 

27.3    Where available at a particular centre or location, the overnight accommodation to be occupied by staff members who travel on official business shall be the middle of the range standard, referred to generally as three star or three diamond standard of accommodation.

 

27.4    Where payment of a proportionate amount of an allowance applies in terms of this clause, the amount payable shall be the appropriate proportion of the daily rate. Any fraction of an hour shall be rounded off to the nearest half-hour.

 

27.5    The NSW Police Force will elect whether to pay the accommodation directly or whether a staff member should pay the accommodation and be compensated in accordance with this clause.  Where practicable, staff members shall obtain prior approval when making their own arrangements for overnight accommodation.

 

27.6    Subject to subclause 27.14 of this clause, a staff member who is required by the Commissioner to work from a temporary work location shall be compensated for accommodation, meal and incidental expenses properly and reasonably incurred during the time actually spent away from the staff member's residence in order to perform the work.

 

27.7    If meals are provided by the Government at the temporary work location, the staff member shall not be entitled to claim the meal allowance.

 

27.8    For the first 35 days, the payment shall be:

 

27.8.1 where the NSW Police Force elects to pay the accommodation provider the staff member shall receive:

 

(a)      the appropriate meal allowance in accordance with Item 1 of Table 3 - Allowances of Part B Monetary Rates, and

 

(b)      incidentals as set out in Item 3 of Table 3 - Allowances of Part B Monetary Rates, and

 

(c)      actual meal expenses properly and reasonably incurred (excluding morning and afternoon teas) for any residual part day travel;

 

27.8.2 where the NSW Police Force elects not to pay the accommodation provider the staff member shall elect to receive either:

 

(a)      the appropriate rate of allowance specified in Item 2 of Table 3 - Allowances of Part B Monetary Rates and actual meal expenses properly and reasonably incurred (excluding morning and afternoon teas) for any residual part day travel; or

 

(b)      in lieu of subparagraph (a) of this paragraph, payment of the actual expenses properly and reasonably incurred for the whole trip on official business (excluding morning and afternoon teas) together with an incidental expenses allowance set out in Item 2 of Table 3 - Allowances of Part B Monetary Rates.

 

27.9    Payment of the appropriate allowance for an absence of less than 24 hours may be made only where the staff member satisfies the Commissioner that, despite the period of absence being of less than 24 hours duration, expenditure for accommodation and three meals has been incurred.

 

27.10   Where a staff member is unable to so satisfy the Commissioner, the allowance payable for part days of travel shall be limited to the expenses incurred during such part day travel.

 

27.11   After the first 35 days - If a staff member is required by the Commissioner to work in the same temporary work location for more than 35 days, such staff member shall be paid the appropriate rate of allowance as specified in Item 2 of Table 3 - Allowances of Part B Monetary Rates.

 

27.12   Long term arrangements - As an alternative to the provisions after the first 35 days set out in subclause 27.11 of this clause, the NSW Police Force could make alternative arrangements for meeting the additional living expenses, properly and reasonably incurred by a staff member working from a temporary work location.

 

27.13   The return of a staff member to their home at weekends, on rostered days off or during short periods of leave while working from a temporary work location shall not constitute a break in the temporary work arrangement.

 

27.14   This clause does not apply to staff members who are on an employee-initiated secondment in accordance with section 95 and or 95A of the Act.

 

28.  Excess Travelling Time

 

28.1    Excess Travelling Time - A staff member directed by the Commissioner to travel on official business outside the usual hours of duty to perform duty at a location other than normal headquarters will, at the Commissioner’s discretion, be compensated for such time either by:

 

28.1.1 Payment calculated in accordance with the provisions contained in this clause; or

 

28.1.2 If it is operationally convenient, by taking equivalent time off in lieu to be granted for excess time spent in travelling on official business.   Such time in lieu must be taken within 1 month of accrual unless otherwise authorised by the staff member’s manager.

 

28.2    Compensation under paragraphs 28.1.1 or 28.1.2 of this clause, shall be subject to the following conditions:

 

28.2.1 On a non-working day - subject to the provisions of paragraphs 28.3.4, 28.3.5, 28.3.6 and 28.3.7 of this clause all time spent travelling on official business;

 

28.2.2 On a working day - subject to the provisions of subclause 28.3 of this clause, all time spent travelling on official business outside the usual hours of duty,

 

provided the period for which compensation is being sought is more than a half an hour on any one day.

 

28.3    Compensation for excess travelling time shall exclude the following:

 

28.3.1            Time normally taken for the periodic journey from home to headquarters and return;

 

28.3.2            Any periods of excess travel of less than 30 minutes on any one day;

 

28.3.3            Travel to new headquarters on permanent transfer, if special leave has been granted for the day or days on which travel is to be undertaken;

 

28.3.4            Time from 11.00 p.m. on one day to 7.30 a.m. on the following day if sleeping facilities have been provided.

 

28.3.5            Travel not undertaken by the most practical available route and by the most practical and economic means of transport;

 

28.3.6            Working on board ship where meals and accommodation are provided;

 

28.3.7            Any travel undertaken by a member of staff whose salary includes an all incidents of employment component;

 

28.3.8            time within the flex time bandwidth;

 

28.3.9            Travel overseas;

 

28.3.10          For staff members under Flexible Working Hours any travel on official business during the standard or agreed bandwidth on a working day shall be treated as time worked.

 

28.4    Payment - Payment for travelling time calculated in terms of this clause shall be at the staff member’s ordinary rate of pay on an hourly basis calculated as follows:

 

Annual salary	X	5	X	1
1		260.89		Normal hours of work

 

28.5    The rate of payment for travel or waiting time on a non-working day shall be the same as that applying to a working day.

 

28.6    Staff members whose salary is in excess of the maximum rate for Clerk, Grade 5 shall be paid travelling time or waiting time calculated at the maximum rate for Clerk, Grade 5 plus $1.00 per annum, as adjusted from time to time.

 

28.7    Time off in lieu or payment for excess travelling time or waiting time will not be granted or made for more than eight hours in any period of 24 consecutive hours.

 

29.  Waiting Time

 

When a staff member travelling on official business is required to wait for transport in order to commence a journey to another location or to return home or headquarters and such time is outside the normal hours of duty, the waiting time shall be treated and compensated for in the same manner as excess travelling time pursuant to clause 28, Excess Travelling Time.

 

30.  Meal Expenses on One-Day Journeys

 

30.1    A staff member who is authorised by the Commissioner to undertake a one-day journey on official business which does not require the staff member to obtain overnight accommodation, shall be paid the appropriate rate of allowance set out in Item 1 - Allowances of Table 3 of Part B Monetary Rates for:-

 

30.1.1 Breakfast when required to commence travel at or before 6.00 a.m. and at least 1 hour before the prescribed starting time;

 

30.1.2 An evening meal when required to travel until or beyond 6.30 p.m.; and

 

30.1.3 Lunch when required to travel a total distance on the day of at least 100 kilometres and, as a result, is located at a distance of at least 50 kilometres from the staff member’s normal headquarters at the time of taking the normal lunch break.

 

31.  Restrictions on Payment of Travelling Allowances

 

31.1    An allowance under clause 27, Travelling Compensation is not payable in respect of:

 

31.1.1 Any period during which the staff member returns to their residence at weekends or public holidays, commencing with the time of arrival at that residence and ending at the time of departure from the residence;

 

31.1.2 Any period of leave, except with the approval of the Commissioner or as otherwise provided by this clause; or

 

31.1.3 Any other period during which the staff member is absent from the staff member's temporary work location otherwise than on official duty.

 

31.2    A staff member who is in receipt of an allowance under clause 27, Travelling Compensation shall be entitled to the allowance in the following circumstances:

 

31.2.1 When granted special leave to return to their residence at a weekend, for the necessary period of travel for the journey from the temporary work location to the staff member's residence; and for the return journey from the staff member's residence to the temporary work location, or

 

31.2.2 When leaving a temporary work location on ceasing to perform duty at or from a temporary work location, for the necessary period of travel to return to the staff member's residence or to take up duty at another temporary work location;

 

but is not entitled to any other allowance in respect of the same period.

 

32.  Increase or Reduction in Payment of Travelling Allowances

 

32.1    Where the Commissioner is satisfied that a travelling allowance is:

 

32.1.1 Insufficient to adequately reimburse the staff member for expenses properly and reasonably incurred, a further amount may be paid to reimburse the staff member for the additional expenses incurred; or

 

32.1.2 In excess of the amount which would adequately reimburse the staff member for expenses properly and reasonably incurred, the allowance may be reduced to an amount which would reimburse the staff member for expenses incurred properly and reasonably.

 

33.  Production of Receipts

 

Payment of any actual expenses shall be subject to the production of receipts, unless the Commissioner is prepared to accept other evidence from the staff member.

 

34.  Travelling Distance

 

The need to obtain overnight accommodation shall be determined by the Commissioner having regard to the safety of the staff member or members travelling on official business and local conditions applicable in the area. Where staff members are required to attend conferences or seminars which involve evening sessions or staff members are required to make an early start at work in a location away from their normal workplace, overnight accommodation shall be appropriately granted by the Commissioner.

 

SECTION 5 - ALLOWANCES AND OTHER MATTERS

 

35.  Camping Allowances

 

35.1    Except as provided in an Award, Agreement or Determination, payment of the camping allowance applies to a staff member who is:-

 

35.1.1 In receipt of a camping equipment allowance under clause 39, Camping Equipment Allowance of this award; or

 

35.1.2 Provided with camping equipment by the NSW Police Force; or

 

35.1.3 Reimbursed by the NSW Police Force for the cost of hiring camping equipment.

 

35.2    When required to camp in connection with the performance of official duties, a staff member shall be paid an allowance for the expenses incurred in camping as follows:

 

35.2.1 The daily rate specified in Item 4 of Table 3 of Part B Monetary Rates for all expenses; and

 

35.2.2 Where required to camp for more than 40 nights in any calendar year - that daily rate plus the additional rate for that year as specified in Item 4 of Table 3 - Allowances of Part B of Monetary Rates.

 

35.3    Where the Commissioner is satisfied that it was not reasonable in the circumstances for the staff member to camp, a staff member who is entitled to a camping allowance shall be paid a travelling allowance under clause 27, Travelling Compensation  of this award instead of the camping allowance.

 

35.4    A staff member who is paid a remote areas allowance under clause 40, Allowance for Living in a Remote Area of this award is entitled to continue to receive that allowance while receiving a camping allowance.

 

36.  Composite Allowance

 

36.1    The rate of the allowance under this clause shall be the daily rate for all expenses as shown in Item 5 of Table 3 - Allowances of Part B Monetary Rates.

 

36.2    In order to be paid the composite allowance under this clause, the staff member shall submit to the Commissioner an election each 12 months. If the election is not made by the staff member or not approved by the Commissioner, travelling or camping allowances under clauses 27 or 35 of this award, whichever is appropriate, shall apply.

 

36.3    An election under subclause 36.2 of this clause is revocable 12 months after it is made, unless the staff member changes classification.

 

36.4    A staff member who elects to receive the composite allowance is entitled to payment of the allowance, regardless of whether they are required to camp, or are residing temporarily in hotels, motels or other fixed establishments in order to perform official duties in the field (except as provided in subclause 36.5 of this clause).

 

36.5    On occasions when a staff member receiving a composite allowance is provided with accommodation by the Government, the allowance ceases.  The incidental expenses allowances and reimbursement for any meal expenses properly and reasonably incurred and not provided by the Government are to be paid in accordance with clause 27, Travelling Compensation of this award.

 

36.6    The amount of composite allowance payable per hour for a portion of a day is in all cases 1/24th of the appropriate daily rate. When the time taken is a fraction of an hour, periods of less than a half hour are disregarded while periods between a half hour and 1 hour are counted as 1 hour (that is, the time is rounded to the nearest hour).

 

36.7    A staff member who receives a composite allowance is entitled to the camping equipment allowance if the Commissioner certifies that it is necessary for the staff member to provide camping equipment at personal expense.

 

37.  Allowance Payable for Use of Private Motor Vehicle

 

37.1    The Commissioner may authorise a staff member to use a private motor vehicle for work where:

 

37.1.1 Such use will result in greater efficiency or involve the NSW Police Force in less expense than if travel were undertaken by other means; or

 

37.1.2 Where the staff member is unable to use other means of transport due to a disability.

 

37.2    A staff member who, with the approval of the Commissioner, uses a private motor vehicle for work shall be paid an appropriate rate of allowance specified in Item 6 of Table 3 of Part B Monetary Rates for the use of such private motor vehicle. A deduction from the allowance payable is to be made for travel as described in subclause 37.4 of this clause.

 

37.3    Different levels of allowance are payable for the use of a private motor vehicle for work depending on the circumstances and the purpose for which the vehicle is used.

 

37.3.1 The casual rate is payable if a staff member elects, with the approval of the Commissioner, to use their vehicle for occasional travel for work.  This is subject to the allowance paid for the travel not exceeding the cost of travel by public or other available transport.

 

37.3.2 The official business rate is payable if a staff member is directed, and agrees, to use the vehicle for official business and there is no other transport available.  It is also payable where the staff member is unable to use other transport due to a disability.  The official business rate includes a component to compensate a staff member for owning and maintaining the vehicle.

 

37.4    Deduction from allowance

 

37.4.1 Except as otherwise specified in this award, a staff member shall bear the cost of ordinary daily travel by private motor vehicle between the staff member's residence and headquarters and for any distance travelled in a private capacity. A deduction will be made from any motor vehicle allowance paid, in respect of such travel.

 

37.4.2 In this subclause "headquarters" means the administrative headquarters to which the staff member is attached or from which the staff member is required to operate on a long term basis or the designated headquarters per paragraph 37.4.3 of this subclause.

 

37.4.3 Designated headquarters

 

(a)      Where the administrative headquarters of the staff member to which they are attached is not within the typical work area in which the staff member is required to use the private vehicle on official business, the distance to and from a point designated within the typical work area is to be adopted as the distance to and from the headquarters for the purpose of calculating the daily deduction.

 

(b)      A staff member's residence may be designated as their headquarters provided that such recognition does not result in a further amount of allowance being incurred than would otherwise be the case.

 

37.4.4 On days when a staff member uses a private vehicle for official business and travels to and from home, whether or not the staff member during that day visits headquarters, a deduction is to be made from the total distance travelled on the day.  The deduction is to equal the distance from the staff member's residence to their headquarters and return or 20 kilometres (whichever is the lesser) and any distance that is travelled in a private capacity.

 

37.4.5 Where a headquarters has been designated per subparagraph 37.4.3(a) of this subclause and the staff member is required to attend the administrative headquarters, the distance for calculating the daily deduction is to be the actual distance to and from the administrative headquarters, or, to and from the designated headquarters, whichever is the lesser.

 

37.4.6 Deductions are not to be applied in respect of days characterised as follows.

 

(a)      When staying away from home overnight, including the day of return from any itinerary.

 

(b)      When the staff member uses the vehicle on official business and returns it to home prior to travelling to the headquarters by other means of transport at their own expense.

 

(c)      When the staff member uses the vehicle for official business after normal working hours.

 

(d)      When the monthly claim voucher shows official use of the vehicle has occurred on one day only in any week. Exemption from the deduction under this subparagraph is exclusive of, and not in addition to, days referred to in subparagraphs (a), (b) and (c) of this paragraph.

 

(e)      When the staff member buys a weekly or other periodical rail or bus ticket, provided the Commissioner  is satisfied that:

 

(i)       at the time of purchasing the periodical ticket the staff member did not envisage the use of their private motor vehicle on approved official business;

 

(ii)       the periodical ticket was in fact purchased; and

 

(iii)      in regard to train travellers, no allowance is to be paid in respect of distance between the staff member’s home and the railway station or other intermediate transport stopping place.

 

37.5    The staff member must have in force in respect of a motor vehicle used for work, in addition to any policy required to be affected or maintained under the Motor Vehicles (Third Party Insurance) Act 1942, a comprehensive motor vehicle insurance policy to an amount and in a form approved by the Commissioner.

 

37.6    Expenses such as tolls etc. shall be refunded to staff members where the charge was incurred during approved work related travel.

 

37.7    Where a staff member tows a trailer or horse-float during travel resulting from approved work activities while using a private vehicle, the staff member shall be entitled to an additional allowance as prescribed in Item 6 of Table 3 - Allowances of Part B Monetary Rates.

 

38.  Damage to Private Motor Vehicle Used for Work

 

38.1    Where a private vehicle is damaged while being used for work, any normal excess insurance charges prescribed by the insurer shall be reimbursed by the NSW Police Force, provided:

 

38.1.1 The damage is not due to gross negligence by the staff member; and

 

38.1.2 The charges claimed by the staff member are not the charges prescribed by the insurer as punitive excess charges.

 

38.2    Provided the damage is not the fault of the staff member, the NSW Police Force shall reimburse to a staff member the costs of repairs to a broken windscreen, if the staff member can demonstrate that:

 

38.2.1 The damage was sustained on approved work activities; and

 

38.2.2 The costs cannot be met under the insurance policy due to excess clauses.

 

39.  Camping Equipment Allowance

 

39.1    In this clause, "camping equipment" includes instrument and travelling equipment.

 

39.2    A staff member who provides camping equipment required for the performance of official duties shall be paid a camping equipment allowance at the rate specified in Item 7 of Table 3 - Allowances of Part B Monetary Rates for the expense of providing the equipment.

 

39.3    A staff member who provides own bedding and sleeping bag while camping on official business, shall be paid an additional allowance at the rate specified in Item 7 of Table 3 - Allowances of Part B Monetary Rates.

 

40.  Allowance for Living in a Remote Area

 

40.1    A staff member shall be paid an allowance for the increased cost of living and the climatic conditions in a remote area, if:

 

40.1.1 Indefinitely stationed and living in a remote area as defined in subclause 40.2 of this clause; or

 

40.1.2 Not indefinitely stationed in a remote area but because of the difficulty in obtaining suitable accommodation compelled to live in a remote area as defined in subclause 40.2 of this clause.

 

40.2    Grade of appropriate allowance payable under this clause shall be determined as follows:

 

40.2.1 Grade A allowances - the appropriate rate shown as Grade A in Item 8 of Table 3 - Allowances of Part B Monetary Rates in respect of all locations in an area of the State situated on or to the west of a line starting from the right bank of the Murray River opposite Swan Hill and then passing through the following towns or localities in the following order, namely: Conargo, Coleambally, Hay, Rankins Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, and includes a place situated in any such town or locality, except as specified in paragraphs 40.2.2 and 40.2.3 of this subclause;

 

40.2.2 Grade B allowances - the appropriate rate shown as Grade B in Item 8 of Table 3 - Allowances of Part B Monetary Rates; in respect of the towns and localities of Angledool, Barringun, Bourke, Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe, Lake Mungo, Lightning Ridge, Louth, Mungindi, Pooncarie, Redbank, Walgett, Wanaaring, Weilmoringle, White Cliffs, Wilcannia and Willandra;

 

40.2.3 Grade C allowances - the appropriate rate shown as Grade C in Item 8 of Table 3 - Allowances of Part B Monetary Rates in respect of the localities of Fort Grey, Mutawintji, Mount Wood, Nocoleche, Olive Downs, Tibooburra and Yathong.

 

40.3    The dependant rate for each grade is payable where

 

40.3.1 the staff member has a dependant as defined; and

 

40.3.2 the staff member’s dependant(s) resides within the area that attracts the remote area allowance; and

 

40.3.3 the staff member’s spouse, if also employed in the service of the Crown, is not in receipt of an allowance under this clause, unless each spouse resides at a separate location within the remote area.

 

40.4    For the purposes of this clause dependant is defined as

 

40.4.1 the spouse of the staff member (including a de facto spouse);

 

40.4.2 each child of the staff member aged eighteen years or under;

 

40.4.3 each son and daughter of the staff member aged more than eighteen years but less than twenty-six years who remains a student in full time education or training at a recognised educational institution, or who is an apprentice; and

 

40.4.4 any other person who is part of the staff member’s household and who is, in the opinion of the Commissioner, substantially financially dependent on the staff member.

 

40.5    NSW Police Force temporary employees, such as relief staff, who are employed for short periods are not eligible to receive a remote areas allowance.

 

40.6    A staff member who is a volunteer part-time member of the Defence Force and receives the remote area allowance at the non-dependant rate is not paid the allowance while on military leave

 

40.7    A staff member who is a volunteer part-time member of the Defence Forces and receives the remote area allowance at the dependant rate may continue to receive the allowance at the normal rate for the duration of the military leave provided that:

 

40.7.1 the staff member continues in employment; and

 

40.7.2 the dependants continue to reside in the area specified; and

 

40.7.3 military pay does not exceed the NSW Police Force salary plus the remote areas allowance.

 

If the military salary exceeds the NSW Police Force salary plus the allowance at the dependant rate, the allowance is to be reduced to the non-dependant rate.

 

41.  Assistance to Staff Members Stationed in a Remote Area When Travelling on Recreation Leave

 

41.1    A staff member who:

 

41.1.1 Is indefinitely stationed in a remote area of the State of New South Wales situated to the west of the 144th meridian of longitude or such other area to the west of the 145th meridian of longitude as determined by the Director of Public Employment; and

 

41.1.2 Proceeds on recreation leave to any place which is at least 480 kilometres by the nearest practicable route from the staff member's work location in that area,

 

shall be paid an allowance once in any period of 12 months at the appropriate rate shown in Item 9 of Table 3 - Allowances of Part B Monetary Rates for the additional costs of travel.

 

41.2    Dependant in this clause has the same meaning as subclause 40.4 of clause 40, Allowance for Living in a Remote Area of this award.

 

41.3    Allowances under this clause do not apply to staff members who have less than three years service and who, at the date of engagement, were resident in the defined area.

 

42.  Overseas Travel

 

Unless the Commissioner determines that a staff member shall be paid travelling rates especially determined for the occasion, a staff member required by the NSW Police Force to travel overseas on official business, shall be paid the appropriate overseas travelling allowance rates as specified in the relevant Department of Premier and Cabinet Circular as issued from time to time.

 

43.  Exchanges

 

43.1    The Commissioner may arrange two way or one way exchanges with other organisations both public and private, if the NSW Police Force or the staff member will benefit from additional training and development which is intended to be used in the carrying out of NSW Police Force business.

 

43.2    The conditions applicable to those staff members who participate in exchanges will be determined by the Commissioner according to the individual circumstances in each case (Item 11 of Table 3 - Allowances of Part B Monetary Rates).

 

43.3    The provisions of this subclause do not apply to the loan of services of staff members to the Association.  The provisions of clause 56, Conditions Applying to On Loan Arrangements of this award apply to staff members who are loaned to the Association.

 

44.  Room at Home Used as Office

 

44.1    Where no NSW Police Force office is provided in a particular location - Where it is impractical to provide an office in a particular location, staff members stationed in such a location may be required to use a spare room at their home as an office. In such cases, the NSW Police Force will be responsible for providing furniture, telephone and other equipment, as required. In addition, an allowance as specified in Item 12 of Table 3 - Allowances of Part B Monetary Rates is payable for the use of a room at home as an office.

 

44.2    Where an office exists in a particular location - Where a NSW Police Force office or offices already exist in a particular location but the staff member and the manager agree that the staff member could work from home on a short term or longer term basis, the arrangement shall be negotiated in accordance with the provisions of Flexible Work Practices, Policy and Guidelines.  The allowance set out in subclause 44.1 of this clause shall not apply in these circumstances.

 

44.3    Requirements - Arrangements under subclauses 44.1 or 44.2 of this clause shall be subject to:

 

44.3.1 A formal agreement being reached in respect of the hours to be worked; and

 

44.3.2 The occupational health and safety, provision of equipment requirements and any other relevant conditions specified in Part 2, Section 7 Working from Home in the Flexible Work Practices, Policy and Guidelines.

 

45.  Semi-Official Telephones

 

45.1    Reimbursement of expenses associated with a private telephone service installed at the residence of a staff member shall be made as specified in this clause if the staff member is required to be contacted or is required to contact others in connection with the duties of his/her position in the NSW Police Force, as and when required.

 

45.2    The service must be located in the staff member's principal place of residence and its telephone number communicated to all persons entitled to have out of hours contact with the staff member.

 

45.3    The semi-official telephone allowance applies to staff members who are required, as part of their duties to:

 

45.3.1 Give decisions, supply information or provide emergency services; and/or

 

45.3.2 Be available for reasons of safety or security for contact by the public outside of normal office hours.

 

45.4    Unless better provisions already apply to a staff member or a staff member has been provided with an official telephone, reimbursement of expenses under this clause shall be limited to the following:

 

45.4.1 The connection fee for a telephone service, if the service is not already available at the staff member's principal place of residence;

 

45.4.2 The full annual base rental charged for the telephone service regardless of whether any official calls have been made during the period; and

 

45.4.3 The full cost of official local, STD and ISD calls.

 

45.5    To be eligible for reimbursement, staff must submit their telephone account and a statement showing details of all official calls, including:

 

45.5.1 Date, time, length of call and estimated cost;

 

45.5.2 Name and phone number of the person to whom call was made; and

 

45.5.3 Reason for the call.

 

46.  Flying Allowance

 

Staff members, other than those employed to fly aircraft, shall be paid an allowance as specified in Item 14 of Table 3 - Allowances of Part B Monetary Rates when required to work from an in flight situation. The flying allowance payable under this clause shall be paid in addition to any other entitlement for the time actually spent working in the aircraft.

 

47.  Uniforms, Protective Clothing and Laundry Allowance

 

47.1    Uniform, etc. provided by NSW Police Force - A staff member who is required or authorised by the Commissioner to wear a uniform, protective clothing or other specialised clothing in connection with the performance of official duties shall be provided by the NSW Police Force with such clothing and shall be paid an allowance at the rate specified in Item 15 of Table 3 - Allowances of Part B Monetary Rates for laundering the uniform or protective clothing, unless the staff member is entitled to receive a laundry allowance under another industrial instrument.

 

47.2    Where payment of the laundry allowance is not appropriate because of the specialised nature of the clothing, the cost of maintaining such clothing shall be met by the NSW Police Force.

 

47.3    Uniform, etc. provided by the staff member - Where the uniform, protective clothing or other specialised clothing is provided by the staff member, such staff member shall be reimbursed the cost of the uniform, protective clothing or other specialised clothing.

 

48.  Compensation for Damage to or Loss of Staff Member’s Personal Property

 

48.1    Where damage to or loss of the staff member's personal property occurs in the course of employment, a claim may be lodged under the Workers Compensation Act 1987 and/or under any insurance policy of the NSW Police Force covering the damage to or loss of the personal property of the staff member.

 

48.2    If a claim under subclause 48.1 of this clause is rejected by the insurer, the Commissioner may compensate a staff member for the damage to or loss of personal property, if such damage or loss:

 

48.2.1 Is due to the negligence of the NSW Police Force, another staff member, or both, in the performance of their duties; or

 

48.2.2 Is caused by a defect in a staff member's material or equipment; or

 

48.2.3 Results from a staff member’s protection of or attempt to protect NSW Police Force property from loss or damage.

 

48.3    Compensation in terms of subclause 48.2 of this clause shall be limited to the amount necessary to repair the damaged item. Where the item cannot be repaired or is lost, the Commissioner may pay the cost of a replacement item, provided the item is identical to or only marginally different from the damaged or lost item and the claim is supported by satisfactory evidence as to the price of the replacement item.

 

48.4    For the purpose of this clause, personal property means a staff member's clothes, spectacles, hearing-aid, tools of trade or similar items which are ordinarily required for the performance of the staff member’s duties.

 

48.5    Compensation for the damage sustained shall be made by the NSW Police Force where, in the course of work, clothing or items such as spectacles, hearing aids, etc, are damaged or destroyed by natural disasters or by theft or vandalism.

 

49.  Garage and Carport Allowance

 

49.1    Where a staff member garages a NSW Police Force vehicle in their own garage or carport and the use of the garage or carport is considered essential by the Commissioner, such staff member shall be paid an appropriate rate of allowance as specified in Item 16 of Table 3 - Allowances of Part B, Monetary Rates.

 

49.2    Payment of the garage or carport allowance shall continue during periods when the staff member is absent from headquarters.

 

50.  Community Language Allowance Scheme (CLAS)

 

50.1    Staff members who possess a basic level of competence in a community language and who work in locations where their community language is utilised at work to assist clients and such staff members are not:

 

50.1.1 Employed as interpreters and translators; and

 

50.1.2 Employed in those positions where particular language skills are an integral part of essential requirements of the position,

 

shall be paid an allowance as specified in Item 17 of Table 3 - Allowances of Part B Monetary Rates, subject to subclauses 50.2 and 50.3 of this clause.

 

50.2    The base level of the CLAS is paid to staff members who:

 

50.2.1 are required to meet occasional demands for language assistance (there is no regular pattern of demand for their skill); and

 

50.2.2 have passed an examination administered by the Community Relations Commission or who have a National Accreditation Authority for Translators and Interpreters (NAATI) language Recognition award.

 

50.3    The higher level of CLAS is paid to staff members who meet the requirements for the base level of payment and:

 

50.3.1 are regularly required to meet high levels of customer demand involving a regular pattern of usage of the staff member’s language skills, as determined by the Commissioner; or

 

50.3.2 have achieved qualifications of NAATI interpreter level or above. This recognises that staff with higher levels of language skill will communicate with an enhanced degree of efficiency and effectiveness.

 

51.  First Aid Allowance

 

51.1    A staff member appointed as a First Aid Officer shall be paid a first aid allowance at the rate appropriate to the qualifications held by such staff member as specified in Item 18 of Table 3 - Allowances of Part B Monetary Rates.

 

51.2    The First Aid Allowance - Basic Qualifications rate will apply to a staff member appointed as a First Aid Officer who holds a St John’s Ambulance Certificate or equivalent qualifications (such as the Civil Defence or the Red Cross Society’s First Aid Certificates) issued within the previous three years.

 

51.3    The Holders of current Occupational First Aid Certificate Allowance rate will apply to a staff member appointed as a First Aid Officer who:

 

51.3.1 is appointed to be in charge of a First-Aid room in a workplace of 200 or more staff members (100 for construction sites); and

 

51.3.2 holds an Occupational First-Aid Certificate issued within the previous three years.

 

51.4    The First Aid Allowance shall not be paid during leave of one week or more.

 

51.5    When the First Aid Officer is absent on leave for one week or more and another qualified staff member is selected to relieve in the First Aid Officer's position, such staff member shall be paid a pro rata first aid allowance for assuming the duties of a First Aid Officer.

 

51.6    First Aid Officers may be permitted to attend training and retraining courses conducted during normal hours of duty. The cost of training staff members who do not already possess qualifications and who need to be trained to meet NSW Police Force needs, and the cost of retraining First Aid Officers, are to be met by the NSW Police Force.

 

52.  Review of Allowances Payable in Terms of This Award

 

52.1    Adjustment of Allowances - Allowances contained in this award shall be reviewed as follows:

 

52.1.1 Allowances listed in this paragraph will be determined at a level consistent with the reasonable allowances amounts for the appropriate income year as published by the Australian Taxation Office (ATO).

 

(a)      Clause 27, Travelling Compensation;

 

(b)      Clause 30, Meal Expenses on One Day Journeys;

 

(c)      Clause 94, Overtime Meal Allowances.

 

52.1.2 Allowances listed in this paragraph will be determined and become effective from 1 July each year at a level consistent with the reasonable allowances amounts as published at or before that time by the Australian Taxation Office (ATO):

 

(a)      Clause 37, Allowances Payable for the Use of Private Motor Vehicles.

 

52.1.3 Allowances payable in terms of clauses listed in this paragraph shall be adjusted on 1 July each year in line with the increases in the Consumer Price Index for Sydney during the preceding year (March quarter figures):

 

(a)      Clause 35, Camping Allowances;

 

(b)      Clause 36, Composite Allowance;

 

(c)      Clause 39, Camping Equipment Allowance;

 

(d)      Clause 40, Allowance for Living in a Remote Area;

 

(e)      Clause 41, Assistance to Staff Members Stationed in a Remote Area When Travelling on Recreation Leave;

 

(f)       Clause 44, Room at Home used as Office;

 

(g)      Clause 47, Uniforms, Protective Clothing and Laundry Allowance;

 

(h)      Clause 49, Garage and Carport Allowance.

 

52.1.4 Allowances payable in terms of clauses listed in this paragraph shall continue to be subject to a percentage increase under an Award, Agreement or Determination and shall be adjusted on and from the date or pay period the percentage increase takes effect:

 

(a)      Clause 46, Flying Allowance;

 

(b)      Clause 50, Community Language Allowance Scheme (CLAS);

 

(c)      Clause 51, First Aid Allowance;

 

(d)      Clause 92, On-Call (Stand-by) and On-Call Allowance.

 

SECTION 6 - UNION CONSULTATION, ACCESS AND ACTIVITIES

 

53.  Trade Union Activities Regarded as On Duty

 

53.1    An Association delegate will be released from the performance of normal duty with the NSW Police Force when required to undertake any of the activities specified below.  While undertaking such activities the Association delegate will be regarded as being on duty and will not be required to apply for leave:

 

53.1.1 Attendance at meetings of the workplace's Occupational Health and Safety Committee and participation in all official activities relating to the functions and responsibilities of elected Occupational Health and Safety Committee members at a place of work as provided for in the Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001.

 

53.1.2 Attendance at meetings with workplace management or workplace management representatives;

 

53.1.3 A reasonable period of preparation time, before:

 

(a)      Meetings with management;

 

(b)      Disciplinary or grievance meetings when an Association member requires the presence of an Association delegate; and

 

(c)      Any other meeting with management,

 

by agreement with management, where operational requirements allow the taking of such time;

 

53.1.4 Giving evidence in court on behalf of the employer;

 

53.1.5 Appearing as a witness before the Government and Related Employees Appeal Tribunal;

 

53.1.6 Representing the Association at the Government and Related Employees Appeal Tribunal as an advocate or as a Tribunal Member;

 

53.1.7 Presenting information on the Association and Association activities at induction sessions for new staff of the NSW Police Force; and

 

53.1.8 Distributing official Association publications or other authorised material at the workplace, provided that a minimum of 24 hours notice is given to workplace management, unless otherwise agreed between the parties.  Distribution time is to be kept to a minimum and is to be undertaken at a time convenient to the workplace.

 

54.  Trade Union Activities Regarded as Special Leave

 

54.1    The granting of special leave with pay will apply to the following activities undertaken by an Association delegate, as specified below:-

 

54.1.1 Annual or biennial conferences of the Association;

 

54.1.2 Meetings of the Association 's Executive, Committee of Management or Councils;

 

54.1.3 Annual conference of the Unions NSW and the biennial Congress of the Australian Council of Trade Unions;

 

54.1.4 Attendance at meetings called by Unions NSW and or the DPE involving the Association which requires attendance of a delegate;

 

54.1.5 Attendance at meetings called by the Commissioner, as the employer for industrial purposes, as and when required;

 

54.1.6 Giving evidence before an Industrial Tribunal as a witness for the Association;

 

54.1.7 Reasonable travelling time to and from conferences or meetings to which the provisions of clauses 53, 54 and 55 of this award apply.

 

55.  Trade Union Training Courses

 

55.1    The following training courses will attract the grant of special leave as specified below:-

 

55.1.1 Accredited Occupational Health and Safety (OH&S) courses and any other accredited OH&S training for OH&S Committee members. The provider(s) of accredited OH&S training courses and the conditions, on which special leave for such courses will be granted, shall be negotiated between the Commissioner and the Association under a local arrangement pursuant to clause 12, Local Arrangements of this award.

 

55.1.2 Courses organised and conducted by the Trade Union Education Foundation or by the Association or a training provider nominated by the Association. A maximum of 12 working days in any period of 2 years applies to this training and is subject to:

 

(a)      The operating requirements of the workplace permitting the grant of leave and the absence not requiring employment of relief staff;

 

(b)      Payment being at the base rate, ie excluding extraneous payments such as shift allowances/penalty rates, overtime, etc;

 

(c)      All travelling and associated expenses being met by the staff member or the Association;

 

(d)      Attendance being confirmed in writing by the Association or a nominated training provider.

 

56.  Conditions Applying to On Loan Arrangements

 

56.1    Subject to the operational requirements of the workplace, on loan arrangements will apply to the following activities:

 

56.1.1 Meetings interstate or in NSW of a Federal nature to which an Association member has been nominated or elected by the Association:-

 

(a)      As an Executive Member; or

 

(b)      A member of a Federal Council; or

 

(c)      Vocational or industry committee.

 

56.1.2 Briefing counsel on behalf of the Association;

 

56.1.3 Assisting Association officials with preparation of cases or any other activity outside their normal workplace at which the delegate is required to represent the interests of the Association;

 

56.1.4 Country tours undertaken by a member of the executive or Council of the Association;

 

56.1.5 Taking up of full time duties with the Association if elected to the office of President, General Secretary or to another full time position with the Association.

 

56.1.6 Financial Arrangements - The following financial arrangements apply to the occasions when a staff member is placed "on loan" to the Association:-

 

(a)      The NSW Police Force will continue to pay the delegate or an authorised Association representative whose services are on loan to the Association;

 

(b)      The NSW Police Force will seek reimbursement from the Association at regular intervals of all salary and associated on costs, including superannuation, as specified by the NSW Treasury from time to time.

 

(c)      Agreement with the Association on the financial arrangements must be reached before the on loan arrangement commences and must be documented in a manner negotiated between the Commissioner and the Association.

 

56.1.7 Recognition of "on loan" arrangement as service - On loan arrangements negotiated in terms of this clause are to be regarded as service for the accrual of all leave and for incremental progression.

 

56.1.8 Limitation - On loan arrangements may apply to full-time or part-time staff and are to be kept to the minimum time required. Where the Association needs to extend an on loan arrangement, the Association shall approach the Commissioner in writing for an extension of time well in advance of the expiration of the current period of on loan arrangement.

 

56.1.9 Where the Commissioner and the Association cannot agree on the on loan arrangement, the matter is to be referred to the DPE for determination after consultation with the Commissioner and the Association.

 

57.  Period of Notice for Trade Union Activities

 

The Commissioner must be notified in writing by the Association or, where appropriate, by the accredited delegate as soon as the date and/or time of the meeting, conference or other accredited activity is known.

 

58.  Access to Facilities by Trade Union Delegates

 

58.1    The workplace shall provide accredited delegates with reasonable access to the following facilities for authorised Association activities:

 

58.1.1 Telephone, facsimile and, where available, E-mail facilities;

 

58.1.2 A notice board for material authorised by the Association or access to staff notice boards for material authorised by the Association;

 

58.1.3 Workplace conference or meeting facilities, where available, for meetings with member(s), as negotiated between local management and the Association.

 

59.  Responsibilities of the Trade Union Delegate

 

59.1    Responsibilities of the Association delegate are to:

 

59.1.1 Establish accreditation as a delegate with the Association and provide proof of accreditation to the workplace;

 

59.1.2 Participate in the workplace consultative processes, as appropriate;

 

59.1.3 Follow the dispute settling procedure applicable in the workplace;

 

59.1.4 Provide sufficient notice to the immediate supervisor of any proposed absence on authorised Association business;

 

59.1.5 Account for all time spent on authorised Association business;

 

59.1.6 When special leave is required, to apply for special leave in advance;

 

59.1.7 Distribute Association literature/membership forms, under local arrangements negotiated between the Commissioner and the Association; and

 

59.1.8 Use any facilities provided by the workplace properly and reasonably as negotiated at organisational level.

 

60.  Responsibilities of the Trade Union

 

60.1    Responsibilities of the Association are to:

 

60.1.1 Provide written advice to the Commissioner about an Association activity to be undertaken by an accredited delegate and, if requested, to provide written confirmation to the workplace management of the delegate's attendance/participation in the activity;

 

60.1.2 Meet all travelling, accommodation and any other costs incurred by the accredited delegate, except as provided in paragraph 61.1.3 of clause 61, Responsibilities of Workplace Management;

 

60.1.3 Pay promptly any monies owing to the workplace under a negotiated on loan arrangement;

 

60.1.4 Provide proof of identity when visiting a workplace in an official capacity, if requested to do so by management;

 

60.1.5 Apply to the Commissioner well in advance of any proposed extension to the "on loan" arrangement;

 

60.1.6 Assist the workplace management in ensuring that time taken by the Association delegate is accounted for and any facilities provided by the employer are used reasonably and properly; and

 

60.1.7 Advise employer of any leave taken by the Association delegate during the on loan arrangement.

 

61.  Responsibilities of Workplace Management

 

61.1    Where time is required for Association activities in accordance with this clause the responsibilities of the workplace management are to:

 

61.1.1 Release the accredited delegate from duty for the duration of the Association activity, as appropriate, and, where necessary, to allow for sufficient travelling time during the ordinary working hours;

 

61.1.2 Advise the workplace delegate of the date of the next induction session for new staff members in sufficient time to enable the Association to arrange representation at the session;

 

61.1.3 Meet the travel and/or accommodation costs properly and reasonably incurred in respect of meetings called by the workplace management;

 

61.1.4 Where possible, to provide relief in the position occupied by the delegate in the workplace, while the delegate is undertaking Association responsibilities to assist with the business of workplace management;

 

61.1.5 Re-credit any other leave applied for on the day to which special leave or release from duty subsequently applies;

 

61.1.6 Where an Association activity provided under this clause needs to be undertaken on the Association delegate's rostered day off or during an approved period of flex leave, to apply the provisions of paragraph 61.1.5 of this clause;

 

61.1.7 To continue to pay salary during an "on loan" arrangement negotiated with the Association and to obtain reimbursement of salary and on-costs from the Association at regular intervals, or as otherwise agreed between the parties if long term arrangements apply;

 

61.1.8 To verify with the Association the time spent by an Association delegate or delegates on Association business, if required; and

 

61.1.9 If the time and/or the facilities allowed for Association activities are thought to be used unreasonably and/or improperly, to consult with the Association before taking any remedial action.

 

62.  Right of Entry Provisions

 

The right of entry provisions shall be as prescribed under the Occupational Health and Safety Act 2000 and the Industrial Relations Act 1996.

 

63.  Travelling and Other Costs of Trade Union Delegates

 

63.1    Except as specified in paragraph 61.1.3 of clause 61, Responsibilities of Workplace Management of this award, all travel and other costs incurred by accredited Association delegates in the course of Association activities will be paid by the Association.

 

63.2    In respect of meetings called by the workplace management in terms of paragraph 61.1.3 of clause 61, Responsibilities of Workplace Management of this award, the payment of travel and/or accommodation costs, properly and reasonably incurred, is to be made, as appropriate, on the same conditions as apply under clauses 27, Travelling Compensation, 30, Meal Expenses on One Day Journeys or 31, Restrictions on Payment of Travelling Allowances of this award.

 

63.3    No overtime, leave in lieu, shift penalties or any other additional costs will be claimable by a staff member from the NSW Police Force or the DPE, in respect of Association activities covered by special leave or on duty activities provided for in this clause.

 

63.4    The on loan arrangements shall apply strictly as negotiated and no extra claims in respect of the period of on loan shall be made on the NSW Police Force by the Association or the staff member.

 

64.  Industrial Action

 

64.1    Provisions of the Industrial Relations Act 1996 shall apply to the right of Association members to take lawful industrial action (Note the obligations of the parties under clause 9, Grievance and Dispute Settling Procedures).

 

64.2    There will be no victimisation of staff members prior to, during or following such industrial action.

 

65.  Consultation and Technological Change

 

65.1    There shall be effective means of consultation, as set out in the Consultative Arrangements Policy and Guidelines document, on matters of mutual interest and concern, both formal and informal, between management and  the Association.

 

65.2    The NSW Police Force management shall consult with the Association prior to the introduction of any technological change.

 

66.  Deduction of Trade Union Membership Fees

 

At the staff member’s election, the Commissioner shall provide for the staff member’s Association membership fees to be deducted from the staff member’s pay and ensure that such fees are transmitted to the staff member’s Association at regular intervals. Alternative arrangements for the deduction of Association membership fees may be negotiated between the Commissioner and the Association in accordance with clause 12, Local Arrangements of this award.

 

SECTION 7 - LEAVE

 

67.  Leave - General Provisions

 

67.1    The leave provisions contained in this Award apply to all staff members other than those to whom arrangements apply under another industrial instrument or under a local arrangement negotiated between the Commissioner and the Association in terms of clause 12, Local Arrangements of this award.

 

67.2    Unless otherwise specified, part-time staff members will receive the paid leave provisions of this award on a pro rata basis, calculated according to the number of hours worked per week.

 

67.3    Unless otherwise specified in this award a temporary employee employed under Sections 90 and 91 of the Act is eligible to take a period of approved leave during the current period of employment and may continue such leave during a subsequent period or periods of employment in the NSW Police Force Service, if such period or periods of employment commence immediately on termination of a previous period or periods of employment.

 

67.4    Where paid and unpaid leave is available to be granted in terms of this award, paid leave shall be taken before unpaid leave.

 

68.  Absence from Work

 

68.1    A staff member must not be absent from work unless reasonable cause is shown.

 

68.2    If a staff member is to be absent from duty because of illness or other emergency, the staff member shall notify or arrange for another person to notify the supervisor as soon as possible of the staff member's absence and the reason for the absence.

 

68.3    If a satisfactory explanation for the absence, is not provided, the staff member will be regarded as absent from duty without authorised leave and the Commissioner shall deduct from the pay of the staff member the amount equivalent to the period of the absence.

 

68.4    The minimum period of leave available to be granted shall be one hour, unless local arrangements negotiated in the workplace allow for a lesser period to be taken.

 

68.5    Nothing in this clause affects any proceedings for a breach of discipline against a staff member who is absent from duty without authorised leave.

 

69.  Applying for Leave

 

69.1    An application by a staff member for leave under this award shall be made to and dealt with by the Commissioner.

 

69.2    The Commissioner shall deal with the application for leave according to the wishes of the staff member, if the operational requirements of the NSW Police Force permit this to be done.

 

70.  Extended Leave

 

Extended leave shall accrue and shall be granted to staff members in accordance with the provisions of Part 6 of the Police Regulation 2008.

 

71.  Family and Community Service Leave

 

71.1    The Commissioner shall grant to a staff member some, or all of their accrued family and community service leave on full pay, for reasons relating to unplanned and emergency family responsibilities or other emergencies  as described in subclause 71.2 of this clause.  The Commissioner may also grant leave for the purposes in subclause 71.3 of this clause.  Non-emergency appointments or duties shall be scheduled or performed outside of normal working hours or through approved use of flexible working arrangements or other appropriate leave.

 

71.2    Such unplanned and emergency situations may include, but not be limited to, the following:-

 

71.2.1 Compassionate grounds - such as the death or illness of a close member of the family or a member of the staff member's household;

 

71.2.2 Emergency accommodation matters up to one day, such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

71.2.3 Emergency or weather conditions; such as when flood, fire, snow or disruption to utility services etc, threatens a staff member’s property and/or prevents a staff member from reporting for duty;

 

71.2.4 Attending to unplanned or unforeseen family responsibilities, such as attending child's school for an emergency reason or emergency cancellations by child care providers;

 

71.2.5 Attendance at court by a staff member to answer a charge for a criminal offence, only if the Commissioner considers the granting of family and community service leave to be appropriate in a particular case.

 

71.3    Family and community service leave may also be granted for:

 

71.3.1 An absence during normal working hours to attend meetings, conferences or to perform other duties, for staff members holding office in Local Government, and whose duties necessitate absence during normal working hours for these purposes, provided that the staff member does not hold a position of Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council; and

 

71.3.2 Attendance as a competitor in major amateur sport (other than Olympic or Commonwealth Games) for staff members who are selected to represent Australia or the State.

 

71.4    The definition of "family or "relative" in this clause is the same as that provided in paragraph 81.4.2 of clause 81, Sick Leave to Care for Family Member of this award.

 

71.5    Family and community service leave shall accrue as follows:

 

71.5.1 2 ½ days in the staff member’s first year of service;

 

71.5.2 2 ½ days in the staff member’s second year of service; and

 

71.5.3 one day per year thereafter.

 

71.6    If available family and community service leave is exhausted as a result of natural disasters, the Commissioner shall consider applications for additional family and community service leave, if some other emergency arises.

 

71.7    If available family and community service leave is exhausted, on the death of a family member or relative, additional paid family and community service leave of up to 2 days may be granted on a discrete, per occasion basis to a staff member.

 

71.8    In cases of illness of a family member for whose care and support the staff member is responsible, paid sick leave in accordance with clause 81, Sick Leave to Care for a Sick Family Member of this award shall be granted when paid family and community service leave has been exhausted or is unavailable.

 

71.9    The Commissioner may also grant staff members other forms of leave such as accrued recreation leave, time off in lieu, flex leave and so on for family and community service leave purposes.

 

72.  Leave Without Pay

 

72.1    The Commissioner may grant leave without pay to a staff member if good and sufficient reason is shown.

 

72.2    Leave without pay may be granted on a full-time or a part-time basis.

 

72.3    Where a staff member is granted leave without pay for a period not exceeding 10 consecutive working days, the staff member shall be paid for any proclaimed public holidays falling during such leave without pay.

 

72.4    Where a staff member is granted leave without pay which, when aggregated, does not exceed 5 working days in a period of twelve (12) months, such leave shall count as service for incremental progression and accrual of recreation leave.

 

72.5    A staff member who has been granted leave without pay, shall not engage in employment of any kind during the period of leave without pay, unless prior approval has been obtained from the Commissioner.

 

72.6    A staff member shall not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the staff member elects to combine all or part of accrued paid leave with leave without pay, the paid leave shall be taken before leave without pay.

 

72.7    No paid leave shall be granted during a period of leave without pay.

 

72.8    A permanent appointment may be made to the staff member’s position if:

 

72.8.1 the leave without pay has continued or is likely to continue beyond the original period of approval and is for a total period of more than 12 months; and

 

72.8.2 the staff member is advised of the Commissioner’s proposal to permanently backfill their position; and

 

72.8.3 the staff member is given a reasonable opportunity to end the leave without pay and return to their position; and

 

72.8.4 the Commissioner advised the staff member at the time of the subsequent approval that the position will be filled on a permanent basis during the period of leave without pay.

 

72.9    The position cannot be filled permanently unless the above criteria are satisfied.

 

72.10   The staff member does not cease to be employed by the NSW Police Force if their position is permanently backfilled.

 

72.11   Subclause 72.8 of this clause does not apply to full-time unpaid parental leave granted in accordance with subparagraph 75.9.1(a) of clause 75, Parental Leave or to military leave.

 

73.  Military Leave

 

73.1    During the period of 12 months commencing on 1 July each year, the Commissioner may grant to a staff member who is a volunteer part-time member of the Defence Forces, military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction or compulsory parades conducted by the staff member’s unit.

 

73.2    In accordance with the Defence Reserve Service (Protection) Act 2001 (Cth), it is unlawful to prevent a staff member from rendering or volunteering to render, ordinary defence Reserve service.

 

73.3    Up to 24 working days military leave per financial year may be granted by the Commissioner to members of the Naval and Military Reserve and up to 28 working days per financial year to members of the Air Force Reserve for the activities specified in subclause 73.1 of this clause.

 

73.4    The Commissioner may grant a staff member special leave of up to 1 day to attend medical examinations and tests required for acceptance as volunteer part time members of the Australian Defence Forces.

 

73.5    A staff member who is requested by the Australian Defence Forces to provide additional military services requiring leave in excess of the entitlement specified in subclause 73.3of this clause may be granted Military Leave Top up Pay by the Commissioner.

 

73.6    Military Leave Top up Pay is calculated as the difference between a staff member’s ordinary pay as if they had been at work, and the Reservist’s pay which they receive from the Commonwealth Department of Defence.

 

73.7    During a period of Military Leave Top up Pay, a staff member will continue to accrue sick leave, recreation and extended leave entitlements, and the NSW Police Force is to continue to make superannuation contributions at the normal rate.

 

73.8    At the expiration of military leave in accordance with subclause 73.3 or 73.4 of this clause, the staff member shall furnish to the Commissioner a certificate of attendance and details of the staff members reservist pay signed by the commanding officer or other responsible officer.

 

74.  Observance of Essential Religious or Cultural Obligations

 

74.1    A staff member of:

 

74.1.1 Any religious faith who seeks leave for the purpose of observing essential religious obligations of that faith; or

 

74.1.2 Any ethnic or cultural background who seeks leave for the purpose of observing any essential cultural obligations,

 

may be granted recreation/extended leave to credit, flex leave or leave without pay to do so.

 

74.2    Provided adequate notice as to the need for leave is given by the staff member to the NSW Police Force and it is operationally convenient to release the staff member from duty, the Commissioner must grant the leave applied for by the staff member in terms of this clause.

 

74.3    A staff member of any religious faith who seeks time off during daily working hours to attend to essential religious obligations of that faith, shall be granted such time off by the Commissioner subject to:

 

74.3.1 Adequate notice being given by the staff member;

 

74.3.2 Prior approval being obtained by the staff member; and

 

74.3.3 The time off being made up in the manner approved by the Commissioner.

 

74.4    Notwithstanding the provisions of subclauses 74.1, 74.2 and 74.3 of this clause, arrangements may be negotiated between the NSW Police Force and the Association in terms of clause 12, Local Arrangements of this award to provide greater flexibility for staff members for the observance of essential religious or cultural obligations.

 

75.  Parental Leave

 

75.1    Parental leave includes maternity, adoption and "other parent" leave.

 

75.2    Maternity leave shall apply to a staff member who is pregnant and, subject to this clause the staff member shall be entitled to be granted maternity leave as follows:

 

75.2.1 For a period up to 9 weeks prior to the expected date of birth; and

 

75.2.2 For a further period of up to 12 months after the actual date of birth.

 

75.2.3 A staff member who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

75.3    Adoption leave shall apply to a staff member adopting a child and who will be the primary care giver, the staff member shall be granted adoption leave as follows:

 

75.3.1 For a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or

 

75.3.2 For such period, not exceeding 12 months on a full-time basis, as the Commissioner may determine, if the child has commenced school at the date of the taking of custody.

 

75.3.3 Special Adoption Leave - A staff member shall be entitled to special adoption leave (without pay) for up to 2 days to attend interviews or examinations for the purposes of adoption. Special adoption leave may be taken as a charge against recreation leave, extended leave, flex time or family and community service leave.

 

75.4    Where maternity or adoption leave does not apply, "other parent" leave is available to male and female staff who apply for leave to look after his/her child or children. Other parent leave applies as follows:

 

75.4.1 Short other parent leave - an unbroken period of up to 8 weeks at the time of the birth of the child or other termination of the spouse's or partner's pregnancy or, in the case of adoption, from the date of taking custody of the child or children;

 

75.4.2 Extended other parent leave - for a period not exceeding 12 months, less any short other parental leave already taken by the staff member as provided for in paragraph 75.4.1 of this subclause. Extended other parental leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.

 

75.5    A staff member taking maternity or adoption leave is entitled to payment at the ordinary rate of pay for a period of up to14 weeks, a staff member entitled to short other parent leave is entitled to payment at the ordinary rate of pay for a period of up to 1 week, provided the staff member:

 

75.5.1 Applied for parental leave within the time and in the manner determined set out in subclause 75.10 of this clause; and

 

75.5.2 Prior to the commencement of parental leave, completed not less than 40 weeks' continuous service.

 

75.5.3 Payment for the maternity, adoption or short other parent leave may be made as follows:

 

(a)      in advance as a lump sum; or

 

(b)      fortnightly as normal; or

 

(c)      fortnightly at half pay; or

 

(d)      a combination of full‑pay and half pay.

 

75.6    Payment for parental leave is at the rate applicable when the leave is taken. A member of staff holding a full time position who is on part time leave without pay when they start parental leave is paid:

 

75.6.1 at the full time rate if they began part time leave 40 weeks or less before starting parental leave;

 

75.6.2 at the part time rate if they began part time leave more than 40 weeks before starting parental leave and have not changed their part time work arrangements for the 40 weeks;

 

75.6.3 at the rate based on the average number of weekly hours worked during the 40 week period if they have been on part time leave for more than 40 weeks but have changed their part time work arrangements during that period.

 

75.7    A staff member who commences a subsequent period of maternity or adoption leave for another child within 24 months of commencing an initial period of maternity or adoption leave will be paid:

 

75.7.1 at the rate (full time or part time) they were paid before commencing the initial leave if they have not returned to work; or

 

75.7.2 at a rate based on the hours worked before the initial leave was taken, where the staff member has returned to work and reduced their hours during the 24 month period; or

 

75.7.3 at a rate based on the hours worked prior to the subsequent period of leave where the staff member has not reduced their hours.

 

75.8    Except as provided in subclauses 75.5, 75.6 and 75.7 of this clause, parental leave shall be granted without pay.

 

75.9    Right to request

 

75.9.1 A staff member who has been granted parental leave in accordance with subclause 75.2, 75.3 or 75.4 of this clause may make a request to the Commissioner to:

 

(a)      extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(b)      return from a period of full time parental leave on a part time basis until the child reaches school age (Note: returning to work from parental leave on a part time basis includes the option of returning to work on part time leave without pay);

 

to assist the staff member in reconciling work and parental responsibilities.

 

75.9.2 The Commissioner shall consider the request having regard to the staff member’s circumstances and, provided the request is genuinely based on the staff member’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the Commissioner’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

75.10   Notification Requirements

 

75.10.1          When  the NSW Police Force is made aware that a staff member or their spouse is pregnant or is adopting a child, the NSW Police Force must inform the staff member of their entitlements and their obligations under the Award.

 

75.10.2          A staff member who wishes to take parental leave must notify the Commissioner in writing at least 8 weeks (or as soon as practicable) before the expected commencement of parental leave:

 

(a)      that she/he intends to take parental leave, and

 

(b)      the expected date of birth or the expected date of placement, and

 

(c)      if she/he is likely to make a request under subclause 75.9 of this clause.

 

75.10.3          At least 4 weeks before a staff member's expected date of commencing parental leave they must advise:

 

(a)      the date on which the parental leave is intended to start, and

 

(b)      the period of leave to be taken.

 

75.10.4          Staff member’s request and the Commissioner’s decision to be in writing

 

The staff member’s request under paragraph 75.9.1 and the Commissioner’s decision made under  paragraph 75.9.2 must be recorded in writing.

 

75.10.5          A staff member intending to request to return from parental leave on a part time basis or seek an additional period of leave of up to 12 months  must notify the Commissioner in writing as soon as practicable and preferably before beginning maternity, adoption or other parental leave. If the notification is not given before commencing such leave, it may be given at any time up to 4 weeks before the proposed return on a part time basis, or later if the Commissioner agrees.

 

75.10.6          A staff member on maternity leave is to notify the NSW Police Force of the date on which she gave birth as soon as she can conveniently do so.

 

75.10.7          A staff member must notify the NSW Police Force as soon as practicable of any change in her intentions as a result of premature delivery or miscarriage.

 

75.10.8          A staff member on maternity or adoption leave may change the period of leave or arrangement, once without the consent of the Commissioner and any number of times with the consent of the Commissioner.  In each case she/he must give the NSW Police Force at least 14 days notice of the change unless the Commissioner decides otherwise.

 

75.11   A staff member has the right to her/his former position if she/he has taken approved leave or part time work in accordance with subclause 75.9 of this clause, and she/he resumes duty immediately after the approved leave or work on a part time basis.

 

75.12   If the position occupied by the staff member immediately prior to the taking of parental leave has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed to a position of the same grade and classification as the staff member’s former position.

 

75.13   A staff member does not have a right to her/his former position during a period of return to work on a part time basis. If the Commissioner approves a return to work on a part time basis then the position occupied is to be at the same classification and grade as the former position.

 

75.14   A staff member who has returned to full time duty without exhausting their entitlement to 12 months unpaid parental leave is entitled to revert back to such leave. This may be done once only, and a minimum of 4 weeks notice (or less if acceptable to the NSW Police Force) must be given.

 

75.15   A staff member who is sick during her pregnancy may take available paid sick leave or accrued recreation or extended leave or sick leave without pay. A staff member may apply for accrued recreation leave, extended leave or leave without pay before taking maternity leave.  Any leave taken before maternity leave ceases at the end of the working day immediately preceding the day she starts her nominated period of maternity leave or on the working day immediately preceding the date of birth of the child, whichever is sooner.

 

75.16   A staff member may elect to take available recreation leave or extended leave within the period of parental leave provided this does not extend the total period of such leave.

 

75.17   A staff member may elect to take available recreation leave at half pay in conjunction with parental leave provided that:

 

75.17.1          accrued recreation leave at the date leave commences is exhausted within the period of parental leave;

 

75.17.2          the total period of maternity, adoption or other parent  leave, is not extended by the taking of recreation leave at half pay; and

 

75.17.3          when calculating other leave accruing during the period of recreation leave at half pay, the recreation leave at half pay shall be converted to the full time equivalent and treated as full pay leave for accrual of further recreation, extended and other leave at the full time rate

 

75.18   If, for any reason, a pregnant staff member is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child the Commissioner, should, in consultation with the  staff member , take all reasonable measures to arrange for safer alternative duties.  This may include, but is not limited to greater flexibility in when and where duties are carried out, a temporary change in duties, retraining, multi-skilling, teleworking and job redesign.

 

75.19   If such adjustments cannot reasonably be made, the Commissioner must grant the staff member maternity leave, or any available sick leave, for as long as it is necessary to avoid exposure to that risk as certified by a medical practitioner, or until the child is born which ever is the earlier.

 

75.20   Communication during parental leave

 

75.20.1          Where a staff member is on parental leave and a definite decision has been made to introduce significant change at the workplace, the NSW Police Force shall take reasonable steps to:

 

(a)      make information available in relation to any significant effect the change will have on the status or responsibility level of the position the staff member held before commencing parental leave; and

 

(b)      provide an opportunity for the staff member to discuss any significant effect the change will have on the status or responsibility level of the position the staff member held before commencing parental leave.

 

75.20.2          The staff member shall take reasonable steps to inform the Commissioner about any significant matter that will affect the staff member’s decision regarding the duration of parental leave to be taken, whether the staff member intends to return to work and whether the staff member intends to request to return to work on a part time basis.

 

75.20.3          The staff member shall also notify the Commissioner of changes of address or other contact details which might affect the NSW Police Force capacity to comply with paragraph 75.20.1 of this subclause..

 

76.  Purchased Leave

 

76.1    A staff member may apply to enter into an agreement with the Commissioner to purchase either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.

 

76.1.1 Each application will be considered subject to operational requirements and personal needs and will take into account NSW Police Force  business needs and work demands.

 

76.1.2 The leave must be taken in the 12 month period specified in the Purchased Leave Agreement and will not attract any leave loading.

 

76.1.3 The leave will count as service for all purposes.

 

76.2    The purchased leave will be funded through the reduction in the staff member’s ordinary rate of pay. 

 

76.2.1 Purchased leave rate of pay means the rate of pay a staff member receives when their ordinary salary rate has been reduced to cover the cost of purchased leave. 

 

76.2.2 To calculate the purchased leave rate of pay, the staff member’s ordinary salary rate will  be reduced by the number of weeks of purchased leave and then annualised at a pro rata rate over the  12 month period.

 

76.3    Purchased leave is subject to the following provisions:

 

76.3.1 The purchased leave cannot be accrued and will be refunded where it has not been taken in the 12 month period.

 

76.3.2 Other leave taken during the 12 month purchased leave agreement period i.e. sick leave, recreation leave, extended leave or leave in lieu will be paid at the purchased leave rate of pay.

 

76.3.3 Sick leave cannot be taken during a period of purchased leave.

 

76.3.4 The purchased leave rate of pay will be the salary for all purposes including superannuation and shift loadings.

 

76.3.5 Overtime and salary related allowances not paid during periods of recreation leave will be calculated using the staff member’s hourly rate based on the ordinary rate of pay.

 

76.3.6 Higher Duties Allowance will not be paid when a period of purchased leave is taken.

 

76.4    Specific conditions governing purchased leave may be amended from time to time by the DPE in consultation with the Association.  The NSW Police Force may make adjustments relating to its salary administration arrangements.

 

77.  Recreation Leave

 

77.1    Accrual

 

77.1.1 Except where stated otherwise in this award, paid recreation leave for full time staff members and recreation leave for staff members working part time, accrues at the rate of 20 working days per year. Staff members working part time shall accrue paid recreation leave on a pro rata basis, which will be determined on the average weekly hours worked per leave year.

 

77.1.2 Additional recreation leave, at the rate of 5 days per year, accrues to a staff member, employed in terms of the Police Regulation 2008, who is stationed indefinitely in a remote area of the State, being the Western and Central Division of the State described as such in the Second Schedule to the Crown Lands Consolidation Act 1913 before its repeal.

 

77.1.3 Recreation leave accrues from day to day.

 

77.2    Limits on Accumulation and Direction to take leave

 

77.2.1 At least two (2) consecutive weeks of recreation leave shall be taken by a staff member every 12 months, except by agreement with the Commissioner in special circumstances.

 

77.2.2 Where the operational requirements permit, the application for leave shall be dealt with by the Commissioner according to the wishes of the staff member.

 

77.2.3 The Commissioner shall notify the staff member in writing when accrued recreation leave reaches 6 weeks or its hourly equivalent and at the same time may direct a staff member to take at least 2 weeks recreation leave within 3 months of the notification at a time convenient to the NSW Police Force.

 

77.2.4 The Commissioner shall notify the staff member in writing when accrued recreation leave reaches 8 weeks or its hourly equivalent and direct the staff member to take at least 2 weeks recreation leave within 6 weeks of the notification. Such leave is to be taken at a time convenient to the NSW Police Force.

 

77.2.5 A staff member must take their recreation leave to reduce all balance below 8 weeks or its hourly equivalent, and the NSW Police Force must cooperate in this process.  The NSW Police Force may direct a staff member with more than 8 weeks to take their recreation leave so that it is reduced to below 8 weeks by school term one 2010.

 

77.3    Conservation of Leave - If the Commissioner is satisfied that a staff member is prevented by operational or personal reasons from taking sufficient recreation leave to reduce the accrued leave below an acceptable level of between 4 and 6 weeks or its hourly equivalent, the Commissioner shall:-

 

77.3.1 Specify in writing the period of time during which the excess shall be conserved; and

 

77.3.2 On the expiration of the period during which conservation of leave applies, grant sufficient leave to the staff member at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 8 week limit.

 

77.3.3 The Commissioner will inform a staff member in writing on a regular basis of the staff member’s recreation leave accrual.

 

77.4    Miscellaneous

 

77.4.1 Unless a local arrangement has been negotiated between the Commissioner and the Association, recreation leave is not to be granted for a period less than one (1) hour or in other than multiples of one (1) hour.

 

77.4.2 Recreation leave for which a staff member is eligible on cessation of employment is to be calculated to one (1) hour (fractions less than one (1) hour being rounded up).

 

77.4.3 Recreation leave does not accrue to a staff member in respect of any period of absence from duty without leave or without pay, except as specified in paragraph 77.4.4 of this subclause.

 

77.4.4 Recreation leave accrues during any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the Workers Compensation Act 1987; or any period of sick leave without pay or any other approved leave without pay, not exceeding 5 full time working days, or their part time equivalent, in any period of 12 months.

 

77.4.5 The proportionate deduction to be made in respect of the accrual of recreation leave on account of any period of absence referred to in paragraph 77.4.4 of this subclause shall be calculated to an exact one (1) hour (fractions less than one (1) hour being rounded down).

 

77.4.6 Recreation leave accrues at half its normal accrual rate during periods of extended leave on half pay or recreation leave taken on half pay.

 

77.4.7 Recreation leave may be taken on half pay in conjunction with and subject to the provisions applying to adoption, maternity or parental leave - see clause 75, Parental Leave of this award.

 

77.4.8 On cessation of employment, a staff member is entitled to be paid the money value of accrued recreation leave which remains untaken.

 

77.4.9 A staff member to whom paragraph 77.4.8 of this subclause applies may elect to take all or part of accrued recreation leave which remains untaken at cessation of active duty as leave or as a lump sum payment; or as a combination of leave and lump sum payment.

 

77.5    Death - Where a staff member dies, the monetary value of recreation leave accrued and remaining untaken as at the date of death, shall be paid to the staff member's nominated beneficiary.

 

77.6    Where no beneficiary has been nominated, the monetary value of recreation leave is to be paid as follows:

 

77.6.1 To the widow or widower of the staff member; or

 

77.6.2 If there is no widow or widower, to the children of the staff member or, if there is a guardian of any children entitled under this subclause, to that guardian for the children's maintenance, education and advancement; or

 

77.6.3 If there is no such widow, widower or children, to the person who, in the opinion of the Commissioner was, at the time of the staff member's death, a dependent relative of the staff member; or

 

77.6.4 If there is no person entitled under paragraph 77.6.1, 77.6.2 or 77.6.3 of this subclause to receive the money value of any leave not taken or not completed by a staff member or which would have accrued to the staff member, the payment shall be made to the personal representative of the staff member.

 

77.7    Additional compensation for rostered work performed by shift workers on Sundays and Public Holidays - Shift workers who are rostered to work their ordinary hours on Sundays and/or Public Holidays during the period 1 December of one year to 30 November, of the following year, or part thereof, shall be entitled to receive additional annual leave or payment as provided for in subclause 87.7 of clause 87, Shift Work of this award.

 

77.8    Recreation leave does not accrue during leave without pay other than

 

77.8.1 military leave taken without pay when paid military leave entitlements are exhausted;

 

77.8.2 absences due to natural emergencies or major transport disruptions, when all other paid leave is exhausted;

 

77.8.3 any continuous period of sick leave taken without pay when paid sick leave is exhausted;

 

77.8.4 incapacity for which compensation has been authorised under the Workplace Injury Management and Workers Compensation Act 1998; or

 

77.8.5 periods which when aggregated, do not exceed 5 working days in any period of 12 months.

 

77.8    A staff member entitled to additional recreation leave under paragraph 77.1.2 of this clause, or under paragraph 87.7.6 of clause 87, Shift Work of this award, can elect at any time to cash out the additional recreation leave.

 

78.  Annual Leave Loading

 

78.1    General - Unless more favourable conditions apply to a staff member under another industrial instrument, a staff member, other than a trainee who is paid by allowance, is entitled to be paid an annual leave loading as set out in this subclause. Subject to the provisions set out in subclauses 78.2 to 78.6 of this clause, the annual leave loading shall be 17½% on the monetary value of up to 4 weeks  recreation leave accrued in a leave year.

 

78.2    Loading on additional leave accrued - Where additional leave is accrued by a staff member:-

 

78.2.1 As compensation for work performed regularly on Sundays and/or Public Holidays, the annual leave loading shall be calculated on the actual leave accrued or on five weeks, whichever is the lower.

 

78.2.2 If stationed in an area of the State of New South Wales which attracts a higher rate of annual leave accrual, the annual leave loading shall continue to be paid on a maximum of 4 weeks leave.

 

78.3    Shift workers - Shift workers proceeding on recreation leave are eligible to receive the more favourable of:

 

78.3.1 The shift premiums and penalty rates, or any other allowances paid on a regular basis in lieu thereof, which they would have received had they not been on recreation leave; or

 

78.3.2 17½% annual leave loading.

 

78.4    Maximum Loading - Unless otherwise provided in an Award or Agreement under which the staff member is paid, the annual leave loading payable shall not exceed the amount which would have been payable to a staff member in receipt of salary equivalent to the maximum salary for a Grade 12 Clerk.

 

78.5    Leave year - For the calculation of the annual leave loading, the leave year shall commence on 1 December each year and shall end on 30 November of the following year.

 

78.6    Payment of annual leave loading - Payment of the annual leave loading shall be made on the recreation leave accrued during the previous leave year and shall be subject to the following conditions:

 

78.6.1 Annual leave loading shall be paid on the first occasion in a leave year, other than the first leave year of employment, when a staff member takes at least two (2) consecutive weeks recreation leave. Where a staff member does not have at least 2 weeks recreation leave available, the staff member may use a combination of recreation leave and any of the following: public holidays, flex leave, extended leave, leave without pay, time off in lieu, rostered day off. The staff member shall be paid the annual leave loading for such period, provided the absence is at least 2 weeks.

 

78.6.2 If at least two weeks’ leave, as set out in paragraph 78.6.1 of this subclause, is not taken in a leave year, then the payment of the annual leave loading entitlement for the previous leave year shall be made to the staff member as at 30 November of the current year.

 

78.6.3 While annual leave loading shall not be paid in the first leave year of employment, it shall be paid on the first occasion in the second leave year of employment when at least two weeks leave, as specified in paragraph 78.6.1 of this subclause, is taken.

 

78.6.4 A staff member who has not been paid the annual leave loading for the previous leave year, shall be paid such annual leave loading on resignation, retirement or termination by the NSW Police Force employer for any reason other than the staff member's serious and intentional misconduct.

 

78.6.5 Except in cases of voluntary redundancy, proportionate leave loading is not payable on cessation of employment.

 

79.  Sick Leave

 

79.1    Illness in this clause and in clauses 80 and 81 of this award means physical or psychological illness or injury, medical treatment and the period of recovery or rehabilitation from an illness or injury.

 

79.2    Payment for sick leave is subject to the staff member:

 

79.2.1 Informing their manager as soon as reasonably practicable that they are unable to perform duty because of illness.  This must be done as close to the staff member’s starting time as possible; and

 

79.2.2 Providing evidence of illness as soon as practicable if required by clause 80, Sick Leave - Requirements for Evidence of Illness of this award.

 

79.3    If the Commissioner is satisfied that a staff member is unable to perform duty because of the staff member's illness or the illness of his/her family member, the Commissioner:

 

79.3.1 Shall grant to the staff member sick leave on full pay; and

 

79.3.2 May grant to the staff member, sick leave without pay if the absence of the staff member exceeds the entitlement of the staff member under this award to sick leave on full pay.

 

79.4    The Commissioner may direct a staff member to take sick leave if they are satisfied that, due to the staff member’s illness, the staff member:

 

79.4.1 is unable to carry out their duties without distress; or

 

79.4.2 risks further impairment of their health by reporting for duty; or

 

79.4.3 is a risk to the health, wellbeing or safety of other staff members, NSW Police Force clients or members of the public

 

79.5    The Commissioner may direct a staff member to participate in a return to work program if the staff member has been absent on a long period of sick leave.

 

79.6    Entitlements - Any staff member appointed from 1 January 2009 will commence accruing sick leave in accordance with this clause immediately.  Existing staff members at 1 January 2009 will accrue sick leave in accordance with this clause from 1 January 2009 onwards.

 

79.6.1 At the commencement of employment with the NSW Police Force, a full-time staff member is granted an accrual of 5 days sick leave.

 

79.6.2 After the first four months of employment, the staff member shall accrue sick leave at the rate of 10 working days per year for the balance of the first year of service.

 

79.6.3 After the first year of service, the staff member shall accrue sick leave day to day at the rate of 15 working days per year of service.

 

79.6.4 All continuous service as a staff member in the NSW public service shall be taken into account for the purpose of calculating sick leave due. Where the service in the NSW public service is not continuous, previous periods of public service shall be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

 

79.6.5 Notwithstanding the provisions of paragraph 79.6.4 of this subclause, sick leave accrued and not taken in the service of a public sector employer may be accessed in terms of the Public Sector Staff Mobility Policy.

 

79.6.6 Sick leave without pay shall count as service for the accrual of recreation leave and paid sick leave.  In all other respects sick leave without pay shall be treated in the same manner as leave without pay.

 

79.6.7 When determining the amount of sick leave accrued, sick leave granted on less than full pay, shall be converted to its full pay equivalent.

 

79.6.8 Paid sick leave shall not be granted during a period of unpaid leave.

 

79.7    Payment during the initial 3 months of service - Paid sick leave which may be granted to a staff member, other than a seasonal or relief staff member, in the first 3 months of service shall be limited to 5 days paid sick leave, unless the Commissioner approves otherwise. Paid sick leave in excess of 5 days granted in the first 3 months of service shall be supported by a satisfactory medical certificate.

 

79.8    Seasonal or relief staff - No paid sick leave shall be granted to temporary employees who are employed as seasonal or relief staff for a period of less than 3 months.

 

80.  Sick Leave - Requirements for Evidence of Illness

 

80.1    A staff member absent from duty for more than 2 consecutive working days because of illness must furnish evidence of illness to the Commissioner in respect of the absence.

 

80.2    In addition to the requirements under subclause 79.2 of clause 79, Sick Leave of this award, a staff member may absent themselves for a total of 5 working days per annum due to illness without the provision of evidence of illness to the Commissioner.  Staff members who absent themselves in excess of 5 working days in a year may be required to furnish evidence of illness to the Commissioner for each occasion absent for the balance of the calendar year.

 

80.3    As a general practice backdated medical certificates will not be accepted.  However if a staff member provides evidence of illness that only covers the latter part of the absence, they can be granted sick leave for the whole period if the Commissioner is satisfied that the reason for the absence is genuine.

 

80.4    If a staff member is required to provide evidence of illness for an absence of 2 consecutive working days or less, the Commissioner will advise them in advance.

 

80.5    If the Commissioner is concerned about the diagnosis described in the evidence of illness produced by the staff member, after discussion with the staff member, the evidence provided and the staff member's application for leave can be referred to HealthQuest  or its successor for advice.

 

80.5.1 The type of leave granted to the staff member will be determined by the Commissioner based on HealthQuest’s or its successor’s advice.

 

80.5.2 If sick leave is not granted, the Commissioner will, as far as practicable, take into account the wishes of the staff member when determining the type of leave granted.

 

80.6    The granting of paid sick leave shall be subject to the staff member providing evidence which indicates the nature of illness or injury and the estimated duration of the absence.  If a staff member is concerned about disclosing the nature of the illness to their manager they may elect to have the application for sick leave dealt with confidentially by an alternate manager or the human resources section of the NSW Police Force.

 

80.7    The reference in this clause to evidence of illness shall apply, as appropriate:

 

80.7.1 up to one week may be provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Commissioner's discretion, another registered health services provider,

 

80.7.2 where the absence exceeds one week, and unless the health provider listed in paragraph 80.7.1 of this subclause is also a registered medical practitioner, applications for any further sick leave must be supported by evidence of illness from a registered medical practitioner, or

 

80.7.3 at the Commissioner’s discretion, other forms of evidence that satisfy that the staff member had a genuine illness.

 

80.8    If a staff member who is absent on recreation leave or extended leave, furnishes to the Commissioner satisfactory evidence of illness in respect of an illness which occurred during the leave, the Commissioner may, subject to the provisions of this clause, grant sick leave to the staff member as follows:

 

80.8.1 In respect of recreation leave, the period set out in the evidence of illness;

 

80.8.2 In respect of extended leave, the period set out in the evidence of illness if such period is 5 working days or more.

 

80.9    Subclause 80.8 of this clause applies to all staff members other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

 

81.  Sick Leave to Care for a Family Member

 

81.1    Where family and community service leave provided for in clause 71, Family and Community Service Leave of this award is exhausted or unavailable, a staff member with responsibilities in relation to a category of person set out in subclause 81.4 of this clause who needs the staff member's care and support, may elect to use available paid sick leave, subject to the conditions specified in this clause, to provide such care and support when a family member is ill.

 

81.2    The sick leave shall initially be taken from the sick leave accumulated over the previous 3 years.  In special circumstances, the Commissioner may grant additional sick leave from the sick leave accumulated during the staff member’s eligible service.

 

81.3    If required by the Commissioner to establish the illness of the person concerned, the staff member must provide evidence consistent with subclause 80.6 of clause 80, Sick Leave - Requirements for Evidence of Illness of this award.

 

81.4    The entitlement to use sick leave in accordance with this clause is subject to:

 

81.4.1 The staff member being responsible for the care and support of the person concerned; and

 

81.4.2 The person concerned being:-

 

(a)      a spouse of the staff member; or

 

(b)      a de facto spouse being a person of the opposite sex to the staff member who lives with the staff member as her husband or his wife on a bona fide domestic basis although not legally married to that staff member; 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 or legal guardian), grandparent, grandchild or sibling of the staff member or of the spouse or de facto spouse of the staff member; or

 

(d)      a same sex partner who lives with the staff member as the de facto partner of that staff member on a bona fide domestic basis; or a relative of the staff member who is a member of the same household, where for the purposes of this definition:

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

82.  Sick Leave - Workers Compensation

 

82.1    The Commissioner shall advise each staff member of their rights under the Workers Compensation Act 1987, as amended from time to time, and shall give such assistance and advice, as necessary, in the lodging of any claim.

 

82.2    A staff member who is or becomes unable to attend for duty or to continue on duty in circumstances which may give the staff member a right to claim compensation under the Workers Compensation Act 1987, shall be required to lodge a claim for any such compensation.

 

82.3    Where, due to the illness or injury, the staff member is unable to lodge such a claim in person, the Commissioner shall assist the staff member or the representative of the staff member, as required, to lodge a claim for any such compensation.

 

82.4    The Commissioner will ensure that, once received by the NSW Police Force, a staff member’s workers compensation claim is lodged by the NSW Police Force with the workers compensation insurer within the statutory period prescribed in the Workers Compensation Act 1987.

 

82.5    Pending the determination of that claim and on production of an acceptable medical certificate, the Commissioner shall grant sick leave on full pay for which the staff member is eligible followed, if necessary, by sick leave without pay or, at the staff member's election by accrued recreation leave or extended leave.

 

82.6    If liability for the workers compensation claim is accepted, then an equivalent period of any sick leave taken by the staff member pending acceptance of the claim shall be restored to the credit of the staff member.

 

82.7    A staff member who continues to receive compensation after the completion of the period of 26 weeks referred to in section 36 of the Workers Compensation Act 1987 may use any accrued and untaken sick leave to make up the difference between the amount of compensation payable under that Act and the staff member's ordinary rate of pay. Sick leave utilised in this way shall be debited against the staff member.

 

82.8    If a staff member notifies the Commissioner that he or she does not intend to make a claim for any such compensation, the Commissioner shall consider the reasons for the staff member's decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.

 

82.9    A staff member may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act. If a staff member refuses to submit to a medical examination without an acceptable reason, the staff member shall not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the staff member is not fit to resume employment.

 

82.10   If the Commissioner provides the staff member with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 and, without good reason, the staff member fails, to resume or perform such duties, the staff member shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.

 

82.11   No further sick leave shall be granted on full pay if there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.

 

82.12   Nothing in this clause prevents a staff member from appealing a decision or taking action under other legislation made in respect of:

 

82.12.1          The staff member's claim for workers compensation;

 

82.12.2          The conduct of a medical examination by a Government or other Medical Officer;

 

82.12.3          A medical certificate issued by the examining Government or other Medical Officer; or

 

82.12.4          Action taken by the Commissioner either under the Workers Compensation Act 1987 or any other relevant legislation in relation to a claim for workers compensation, medical examination or medical certificate.

 

83.  Sick Leave - Claims Other Than Workers Compensation

 

83.1    If the circumstances of any injury to or illness of a staff member give rise to a claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987 sick leave on full pay may, subject to and in accordance with this clause, be granted to the staff member on completion of an acceptable undertaking that:-

 

83.1.1 Any such claim, if made, will include a claim for the value of any period of paid sick leave granted by the NSW Police Force to the staff member; and

 

83.1.2 In the event that the staff member receives or recovers damages or compensation pursuant to that claim for loss of salary or wages during any such period of sick leave, the staff member will repay to the NSW Police Force the monetary value of any such period of sick leave.

 

83.2    Sick leave on full pay shall not be granted to a staff member who refuses or fails to complete an undertaking, except in cases where the Commissioner is satisfied that the refusal or failure is unavoidable.

 

83.3    On repayment to the NSW Police Force of the monetary value of sick leave granted to the staff member, sick leave equivalent to that repayment and calculated at the staff member’s ordinary rate of pay, shall be restored to the credit of the staff member.

 

84.  Special Leave

 

84.1    Special Leave - Jury Service

 

84.1.1 A staff member shall, as soon as possible, notify the Commissioner of the details of any jury summons served on the staff member.

 

84.1.2 A staff member who, during any period when required to be on duty, attends a court in answer to a jury summons shall, upon return to duty after discharge from jury service, furnish to the Commissioner a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the staff member during any such period and the details of any payment or payments made to the staff member under section 72 of the Jury Act 1977 in respect of any such period.

 

84.1.3 When a certificate of attendance on jury service is received in respect of any period during which a staff member was required to be on duty, the Commissioner shall grant, in respect of any such period for which the staff member has been paid out-of-pocket expenses only, special leave on full pay. In any other case, the Commissioner shall grant, at the sole election of the staff member, available recreation leave on full pay, flex leave or leave without pay.

 

84.2    Witness at Court - Official Capacity - When a staff member is subpoenaed or called as a witness in an official capacity, the staff member shall be regarded as being on duty. Salary and any expenses properly and reasonably incurred by the staff member in connection with the staff member’s appearance at Court as a witness in an official capacity shall be paid by the NSW Police Force.

 

84.3    Witness at Court - Other than in Official Capacity - Crown Witness - A staff member who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) shall:

 

84.3.1 Be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and

 

84.3.2 Pay into the Treasury of the State of New South Wales all money paid to the staff member under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.

 

84.3.3 Association Witness - a staff member called by the Association to give evidence before an Industrial Tribunal or in another jurisdiction shall be granted special leave by the NSW Police Force for the required period.

 

84.4    Called as a witness in a private capacity - A staff member who is subpoenaed or called as a witness in a private capacity shall, for the whole of the period necessary to attend as such a witness, be granted at the staff member's election, available recreation leave on full pay or leave without pay.

 

84.5    Special Leave - Examinations -

 

84.5.1 Special leave on full pay up to a maximum of 5 days in any one year shall be granted to staff members for the purpose of attending at any examination approved by the Commissioner.

 

84.5.2 Special leave granted to attend examinations shall include leave for any necessary travel to or from the place at which the examination is held.

 

84.5.3 If an examination for a course of study is held during term or semester within the normal class timetable and study time has been granted to the staff member, no further leave is granted for any examination.

 

84.6    Special Leave - Union Activities - Special leave on full pay may be granted to staff members who are accredited Association delegates to undertake Association activities as provided for in clause 54, Trade Union Activities Regarded as Special Leave of this award.

 

84.7    Return Home When Temporarily Living Away from Home - Sufficient special leave shall be granted to a staff member who is temporarily living away from home as a result of work requirements.  Such staff member shall be granted sufficient special leave once a month before or after a weekend or a long weekend or, in the case of a shift worker before or after rostered days off to return home to spend two days and two nights with the family. If the staff member wishes to return home more often, such staff member may be granted recreation leave, extended leave or flex leave to credit or leave without pay, if the operational requirements allow.

 

84.8    Return Home When Transferred to New Location - Special leave shall be granted to a staff member who has moved to the new location ahead of dependants, to visit such dependants, subject to the conditions specified in the Crown Employees (Transferred Employees Compensation) Award.

 

84.9    A staff member who identifies as an Indigenous Australian shall be granted up to one day special leave per year to enable the staff member to participate in the National Aborigines and Islander Day of Commemoration Celebrations. Leave can be taken at any time during NAIDOC week, or in the weeks leading up to and after NAIDOC week as negotiated between the supervisor and staff member.

 

84.10   Special Leave - Other Purposes - Special leave on full pay may be granted to staff members by the Commissioner for such other purposes, subject to the conditions specified in the New South Wales Government Personnel Handbook published by the Department of Premier and Cabinet on-line www.dpc.nsw.gov.au. at the time the leave is taken.

 

SECTION 8 - TRAINING AND PROFESSIONAL DEVELOPMENT

 

85.  Staff Development and Training Activities

 

85.1    For the purpose of this clause, the following shall be regarded as staff development and training activities:

 

85.1.1 All staff development courses conducted by a NSW Public Sector organisation;

 

85.1.2 Short educational and training courses conducted by generally recognised public or private educational bodies; and

 

85.1.3 Conferences, conventions, seminars, or similar activities conducted by professional, learned or other generally recognised societies, including Federal or State Government bodies.

 

85.2    For the purposes of this clause, the following shall not be regarded as staff development and training activities:

 

85.2.1 Activities for which study assistance is appropriate;

 

85.2.2 Activities to which other provisions of this award apply (e.g. courses conducted by the Association); and

 

85.2.3 Activities which are of no specific relevance to the NSW Public Sector.

 

85.3    Attendance of a staff member at activities considered by the Commissioner to be:

 

85.3.1 Essential for the efficient operation of the NSW Police Force; or

 

85.3.2 Developmental and of benefit to NSW public sector

 

shall be regarded as on duty for the purpose of payment of salary if a staff member attends such an activity during normal working hours.

 

85.4    The following provisions shall apply, as appropriate, to the activities considered to be essential for the efficient operation of the NSW Police Force:

 

85.4.1 Recognition that the staff members are performing normal duties during the course;

 

85.4.2 Adjustment for the hours so worked under flexible working hours;

 

85.4.3 Payment of course fees:

 

85.4.4 Payment of all actual necessary expenses or payment of allowances in accordance with this award, provided that the expenses involved do not form part of the course and have not been included in the course fees; and

 

85.4.5 Payment of overtime where the activity could not be conducted during the staff member's normal hours and the Commissioner is satisfied that the approval to attend constitutes a direction to work overtime under clause 88, Overtime - General of this award.

 

85.5    The following provisions shall apply, as appropriate, to the activities considered to be developmental and of benefit to the NSW Police Force:

 

85.5.1 Recognition of the staff member as being on duty during normal working hours whilst attending the activity;

 

85.5.2 Payment of course fees;

 

85.5.3 Reimbursement of any actual necessary expenses incurred by the staff member for travel costs, meals and accommodation, provided that the expenses have not been paid as part of the course fee; and

 

85.5.4 Such other conditions as may be considered appropriate by the Commissioner given the circumstances of attending at the activity, such as compensatory leave for excess travel or payment of travelling expenses.

 

85.6    Where the training activities are considered to be principally of benefit to the staff member and of indirect benefit to the public service, special leave of up to 10 days per year shall be granted to a staff member. If additional leave is required and the Commissioner is able to release the staff member, such leave shall be granted as a charge against available flex leave, recreation/extended leave or as leave without pay.

 

85.7    Higher Duties Allowance - Payment of a higher duties allowance is to continue where the staff member attends a training or developmental activity whilst on duty in accordance with this clause.

 

86.  Study Assistance

 

86.1    The Commissioner shall have the power to grant or refuse study time.

 

86.2    Where the Commissioner approves the grant of study time, the grant shall be subject to:

 

86.2.1 The course being a course relevant to the NSW Police Force and/or the public service;

 

86.2.2 The time being taken at the convenience of the NSW Police Force; and

 

86.2.3 Paid study time not exceeding a maximum of 4 hours per week, to accrue on the basis of half an hour for each hour of class attendance.

 

86.3    Study time may be granted to both full and part-time staff members.  Part-time staff members however shall be entitled to a pro-rata allocation of study time to that of a full-time staff member.

 

86.4    Study time may be used for:

 

86.4.1 Attending compulsory lectures, tutorials, residential schools, field days etc., where these are held during working hours; and/or

 

86.4.2 Necessary travel during working hours to attend lectures, tutorials etc., held during or outside working hours; and/or

 

86.4.3 Private study; and/or

 

86.4.4 Accumulation, subject to the conditions specified in subclauses 86.6 to 86.10 of this clause.

 

86.5    Staff members requiring study time must nominate the type(s) of study time preferred at the time of application and prior to the proposed commencement of the academic period. The types of study time are as follows:-

 

86.5.1 Face-to-Face - Staff members may elect to take weekly and/or accrued study time, subject to the provisions for its grant.

 

86.5.2 Correspondence - Staff members may elect to take weekly and/or accrued study time, or time off to attend compulsory residential schools.

 

86.5.3 Accumulation - Staff members may choose to accumulate part or all of their study time as provided in subclauses 86.6 to 86.10 of this clause.

 

86.6    Accumulated study time may be taken in any manner or at any time, subject to operational requirements of the NSW Police Force.

 

86.7    Staff members on rotating shifts may accumulate study time so that they can take leave for a full shift, where this would be more convenient to both the staff member and the NSW Police Force.

 

86.8    Where at the commencement of an academic year/semester a staff member elects to accrue study time and that staff member has consequently foregone the opportunity of taking weekly study time, the accrued period of time off must be granted even if changed work circumstances mean absence from duty would be inconvenient.

 

86.9    Staff members attempting courses which provide for annual examinations, may vary the election as to accrual, made at the commencement of an academic year, effective from 1st July in that year.

 

86.10   Where a staff member is employed after the commencement of the academic year, weekly study time may be granted with the option of electing to accrue study time from 1st July in the year of entry on duty or from the next academic year, whichever is the sooner.

 

86.11   Staff members studying in semester based courses may vary their election as to accrual or otherwise from semester to semester.

 

86.12   Correspondence Courses - Study time for staff members studying by correspondence accrues on the basis of half an hour for each hour of lecture/tutorial attendance involved in the corresponding face-to-face course, up to a maximum grant of 4 hours per week. Where there is no corresponding face-to-face course, the training institution should be asked to indicate what the attendance requirements would be if such a course existed.

 

86.13   Correspondence students may elect to take weekly study time and/or may accrue study time and take such accrued time when required to attend compulsory residential schools.

 

86.14   Repeated subjects - Study time shall not be granted for repeated subjects.

 

86.15   Expendable grant - Study time if not taken at the nominated time shall be forfeited. If the inability to take study time occurs as a result of a genuine emergency at work, study time for that week may be granted on another day during the same week.

 

86.16   Examination Leave - Examination leave shall be granted as special leave for all courses of study approved in accordance with this clause.

 

86.17   The period granted as examination leave shall include:

 

86.17.1          Time actually involved in the examination;

 

86.17.2          Necessary travelling time, in addition to examination leave,

 

but is limited to a maximum of 5 days in any one year. Examination leave is not available where an examination is conducted within the normal class timetable during the term/semester and study time has been granted to the staff member.

 

86.18   The examination leave shall be granted for deferred examinations and in respect of repeat studies.

 

86.19   Study Leave - Study leave for full-time study is granted to assist those staff members who win scholarships/fellowships/awards or who wish to undertake full-time study and/or study tours. Study leave may be granted for studies at any level, including undergraduate study.

 

86.20   All staff members are eligible to apply and no prior service requirements are necessary.

 

86.21   Study leave shall be granted without pay, except where the Commissioner approves financial assistance. The extent of financial assistance to be provided shall be determined by the Commissioner according to the relevance of the study to the workplace and may be granted up to the amount equal to full salary.

 

86.22   Where financial assistance is approved by the Commissioner for all or part of the study leave period, the period shall count as service for all purposes in the same proportion as the quantum of financial assistance bears to full salary of the staff member.

 

86.23   Scholarships for Part-Time Study - In addition to the study time/study leave provisions under this clause, the NSW Police Force may choose to identify courses or educational programmes of particular relevance or value and establish a NSW Police Force scholarship to encourage participation in these courses or programmes. The conditions under which such scholarships are provided should be consistent with the provisions of this clause.

 

SECTION 9 - SHIFT WORK AND OVERTIME

 

87.  Shift Work

 

87.1    Shift Loadings - A shift worker employed on a shift shall be paid, for work performed during the ordinary hours of any such shift, ordinary rates plus the following additional shift loadings depending on the commencing times of shifts:

 

Day - at or after 6am and before 10 am	Nil
Afternoon - at or after 10am and before 1 pm	10.0%
Afternoon - at or after 1pm and before 4 pm	12.5%
Night - at or after 4pm and before 4 am	15.0%
Night - at or after 4am and before 6 am	10.0%

 

87.2    The loadings specified in subclause 87.1 of this clause shall only apply to shifts worked from Monday to Friday.

 

87.3    Weekends and Public Holidays - For the purpose of this clause where a shift is worked past midnight into or on a Saturday, Sunday or Public Holiday, payment is to be made at the rate applicable to the day on which the particular hours are worked.

 

87.4    Saturday Shifts - Shift workers working on an ordinary rostered shift between midnight on Friday and midnight on Saturday which is not a public holiday, shall be paid for such shifts at ordinary time and one half.

 

87.5    Sunday Shifts - Shift workers working on an ordinary rostered shift between midnight on Saturday and midnight on Sunday which is not a public holiday, shall be paid for such shifts at ordinary time and three quarters.

 

87.6    Public Holidays: The following shall apply:

 

87.6.1 Where a shift worker is required to and does work on a Public Holiday, the shift worker shall be paid at two and a half times the rate for time worked.  Such payment shall be in lieu of weekend or shift allowances which would have been payable if the day had not been a Public Holiday;

 

87.6.2 A shift worker rostered off duty on a Public Holiday shall elect to be paid one day’s pay for that Public Holiday or to have one day added to his/her annual holidays for each such day;

 

87.7    Annual leave shall accrue at the rate of four weeks per year, that is 20 working days plus 8 rest days.

 

87.8    Additional leave shall accrue on the following basis:

 

87.8.1

 

Number of ordinary shifts worked on Sunday and/or public	Additional leave
holiday during a qualifying period of 12 months from
1 December one year to 30 November the next year
4-10	1 additional day
11-17	2 additional days
18-24	3 additional days
25-31	4 additional days
32 or more	5 additional days

 

87.8.2 Where the shift worker retires or resigns or the employment of a shift worker is terminated by the employer, any payment that has accrued from the preceding 1 December until the last day of service shall be paid to the shift worker.

 

87.8.3 Payment shall be made at the rate applicable as at 1 December each year or at the salary rate applicable at the date of retirement, resignation or termination.

 

87.9    Rosters - Rosters covering a minimum period of 28 days, where practicable, shall be prepared and issued at least 7 days prior to the commencement of the rosters. Each roster shall indicate the starting and finishing time of each shift. Where current or proposed shift arrangements are incompatible with the shift worker’s family, religious or community responsibilities, every effort to negotiate individual alternative arrangements shall be made by the Commissioner.

 

87.10   Notice of Change of Shift - A shift worker who is required to change from one shift to another shift shall, where practicable, be given forty eight (48) hours notice of the proposed change.

 

87.11   Breaks between Shifts - A minimum break of eight (8) consecutive hours between ordinary rostered shifts shall be given.

 

87.12   If a shift worker resumes or continues to work without having had eight (8) consecutive hours off duty, the shift worker shall be paid overtime in accordance with clause 89, Overtime Worked by Shift Workers of this award, until released from duty for eight (8) consecutive hours. The shift worker will then be entitled to be off duty for at least eight (8) consecutive hours without loss of pay for ordinary working time which falls during such absence.

 

87.13   Time spent off duty may be calculated by determining the amount of time elapsed after:

 

87.13.1          The completion of an ordinary rostered shift; or

 

87.13.2          The completion of authorised overtime; or

 

87.13.3          The completion of additional travelling time, if travelling on duty, but shall not include time spent travelling to and from the workplace.

 

87.14   Daylight Saving - In all cases where a shift worker works during the period of changeover to and from daylight saving time, the shift worker shall be paid the normal rate for the shift.

 

88.  Overtime - General

 

88.1    A staff member may be directed by the Commissioner to work overtime, provided it is reasonable for the staff member to be required to do so. A staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

88.1.1 The staff member’s prior commitments outside the workplace, particularly the staff member’s family and carer responsibilities, community obligations or study arrangements,

 

88.1.2 Any risk to staff member health and safety,

 

88.1.3 The urgency of the work required to be performed during overtime, the impact on the operational commitments of the NSW Police Force and the effect on client services,

 

88.1.4 The notice (if any) given by the Commissioner regarding the working of the overtime, and by the staff member of their intention to refuse overtime, or

 

88.1.5 Any other relevant matter.

 

88.2    Payment for overtime shall be made only where the staff member works directed overtime.

 

88.3    Where a flexible working hours scheme is in operation, overtime shall be deemed as the hours directed to be worked before or after bandwidth or before or after the time specified in a local arrangement made pursuant to the provisions of clause 12, Local Arrangements of this award provided that, on the day when overtime is required to be performed, the staff member shall not be required by the Commissioner to work more than 7 hours after finishing overtime or before commencing overtime.

 

88.4    Payment for overtime worked and/or on-call (standby) allowance shall not be made under this clause if the staff member is eligible, under any other industrial instrument, to:

 

88.4.1 Compensation specifically provided for overtime and/or on-call (standby) allowance; or

 

88.4.2 Be paid an allowance for overtime and/or on-call (standby) allowance; or

 

88.4.3 A rate of salary which has been determined as inclusive of overtime and/or on-call (standby) allowance.

 

89.  Overtime Worked By Shift Workers

 

89.1    The following rates are payable for any overtime worked by shift workers and shall be in substitution of and not cumulative upon the rates payable for shift work performed on Monday to Friday, Saturday, Sunday or Public Holiday.

 

89.1.1 Monday-Friday - All overtime worked by shift workers Monday to Friday inclusive, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

 

89.1.2 Saturday - All overtime worked by shift workers on Saturday, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

 

89.1.3 Sunday - All overtime worked by shift workers on a Sunday shall be paid for at the rate of double time.

 

89.1.4 Public Holidays - All overtime worked on a public holiday shall be paid for at the rate of double time and one half.

 

89.2    Eight Consecutive Hours Break on Overtime - When overtime is necessary, wherever reasonably practicable, it shall be arranged so that shift workers have at least eight (8) consecutive hours off duty.

 

89.3    The rest period off duty shall be not less than eight (8) consecutive hours when the overtime is worked for the purpose of changing shift rosters except where an arrangement between shift workers alters the ordinary rostered shift and such alteration results in a rest period of less than eight (8) hours.

 

90.  Overtime Worked By Day Workers

 

90.1    The provisions of this clause shall not apply to:

 

90.1.1 Shift workers as defined in clause 3, Definitions of this award and to whom provisions of clause 87, Shift Work and clause 89, Overtime Worked by Shift Workers of this award apply;

 

90.1.2 Staff members covered by formal local arrangements in respect of overtime negotiated between the Commissioner and the Association;

 

90.1.3 Staff members to who overtime provisions apply under another industrial instrument;

 

90.1.4 Staff members whose salary includes compensation for overtime;

 

90.1.5 Staff members who receive an allowance in lieu of overtime; and

 

90.2    Rates - Overtime shall be paid at the following rates:

 

90.2.1 Weekdays (Monday to Friday inclusive) - at the rate of time and one-half for the first two hours and at the rate of double time thereafter for all directed overtime worked outside the staff member’s ordinary hours of duty, if working standard hours, or outside the bandwidth, if working under a flexible working hours scheme, unless local arrangements negotiated in terms of clause 12, Local Arrangements of this award apply;

 

90.2.2 Saturday - All overtime worked on a Saturday at the rate of time and one-half for the first two hours and at the rate of double time thereafter;

 

90.2.3 Sundays - All overtime worked on a Sunday at the rate of double time;

 

90.2.4 Public Holidays - All overtime worked on a public holiday at the rate of double time and one half.

 

90.3    If a staff member is absent from duty on any working day during any week in which overtime has been worked the time so lost may be deducted from the total amount of overtime worked during the week unless the staff member has been granted leave of absence or the absence has been caused by circumstances beyond the staff member’s control.

 

90.4    A staff member who works overtime on a Saturday, Sunday or public holiday shall be paid a minimum payment as for three (3) hours work at the appropriate rate.

 

90.5    Rest Periods

 

90.5.1 A staff member who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.

 

90.5.2 Where a staff member, at the direction of the supervisor, resumes or continues work without having had eight (8) consecutive hours off duty then such staff member shall be paid at the appropriate overtime rate until released from duty. The staff member shall then be entitled to eight (8) consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

 

91.  Recall to Duty

 

91.1    A staff member recalled to work overtime after leaving NSW Police Force  premises shall be paid for a minimum of three (3) hours work at the appropriate overtime rates.

 

91.2    The staff member shall not be required to work the full three (3) hours if the job can be completed within a shorter period.

 

91.3    When a staff member returns to the place of work on a number of occasions in the same day and the first or subsequent minimum pay period overlap into the next call out period, payment shall be calculated from the commencement of the first recall until either the end of duty or three (3) hours from the commencement of the last recall, whichever is the greater. Such time shall be calculated as one continuous period.

 

91.4    When a staff member returns to the place of work on a second or subsequent occasion and a period of three (3) hours has elapsed since the staff member was last recalled, overtime shall only be paid for the actual time worked in the first and subsequent periods with the minimum payment provision only being applied to the last recall on the day.

 

91.5    A recall to duty commences when the staff member starts work and terminates when the work is completed. A recall to duty does not include time spent travelling to and from the place at which work is to be undertaken.

 

91.6    A staff member recalled to duty within three (3) hours of the commencement of usual hours of duty shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such normal work.

 

91.7    This clause shall not apply in cases where it is customary for a staff member to return to NSW Police Force premises to perform a specific job outside the staff member’s ordinary hours of duty, or where overtime is continuous with the completion or commencement of ordinary hours of duty. Overtime worked in these circumstances shall not attract the minimum payment of three (3) hours unless the actual time worked is three (3) or more hours.

 

92.  On-Call (Stand-By) and On-Call Allowance

 

92.1    Unless already eligible for an on-call allowance under another industrial instrument, a staff member shall be:

 

92.1.1 Entitled to be paid the on call allowance set out in Item 13 of Table 3 - Allowances of Part B Monetary Rates when directed by the NSW Police Force to be on call or on standby for a possible recall to duty outside the staff member's working hours;

 

92.1.2 If a staff member who is on call and is called out by the NSW Police Force, the overtime provisions as set out in clause 89, Overtime Worked by Shift Workers or clause 90, Overtime Worked by Day Workers of this award, whichever is appropriate, shall apply to the time worked;

 

92.1.3 Where work problems are resolved without travel to the place of work whether on a weekday, weekend or public holiday, work performed shall be compensated at ordinary time for the time actually worked, calculated to the next 15 minutes.

 

93.  Overtime Meal Breaks

 

93.1    Staff members not working flexible working hours - A staff member required to work overtime on weekdays for an hour and a half or more after the staff member’s ordinary hours of duty on weekdays, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every five hours of overtime worked.

 

93.2    Staff member working flexible working hours - A staff member required to work overtime on weekdays beyond 6.00 p.m. and until or beyond eight and a half hours after commencing duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every five hours of overtime worked.

 

93.3    Staff Members Generally - A staff member required to work overtime on a Saturday, Sunday or Public Holiday, shall be allowed 30 minutes for a meal after every five hours of overtime worked. A staff member who is unable to take a meal break and who works for more than five hours shall be given a meal break at the earliest opportunity.

 

94.  Overtime Meal Allowances

 

94.1    If an adequate meal is not provided by the NSW Police Force, a meal allowance shall be paid by the NSW Police Force at the appropriate rate specified in Item 19 of Table 3 - Allowances of Part B, Monetary Rates, provided the Commissioner is satisfied that:

 

94.1.1 the time worked is directed overtime;

 

94.1.2 the staff member properly and reasonably incurred expenditure in obtaining the meal in respect of which the allowance is sought;

 

94.1.3 where the staff member was able to cease duty for at least 30 minutes before or during the working of overtime to take the meal, the staff member did so; and

 

94.1.4 overtime is not being paid in respect of the time taken for a meal break.

 

94.2    Where an allowance payable under this clause is insufficient to reimburse the staff member the cost of a meal, properly and reasonably incurred, the Commissioner shall approve payment of actual expenses.

 

94.3    Where a meal was not purchased, payment of a meal allowance shall not be made.

 

94.4    Receipts shall be provided to the Commissioner or delegate in support of any claims for additional expenses or when the staff member is required to substantiate the claim.

 

94.5    Notwithstanding the above provisions, nothing in this clause shall prevent the Commissioner and the Association from negotiating different meal provisions under a local arrangement.

 

95.  Rate of Payment for Overtime

 

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 Commissioner approves payment for directed overtime at the staff member’s salary or, where applicable, salary and allowance in the nature of salary.

 

96.  Payment for Overtime or Leave in Lieu

 

96.1    The Commissioner shall grant compensation for directed overtime worked either by payment at the appropriate rate or, if the staff member so elects, by the grant of leave in lieu in accordance with subclause 96.2 of this clause.

 

96.2    The following provisions shall apply to the leave in lieu:

 

96.2.1 The staff member shall advise the supervisor before the overtime is worked or as soon as practicable on completion of overtime, that the staff member intends to take leave in lieu of payment;

 

96.2.2 The leave shall be calculated at the same rate as would have applied to the payment of overtime in terms of this clause.

 

96.2.3 The leave must be taken at the convenience of the NSW Police Force, except when leave in lieu is being taken to look after a sick family member. In such cases, the conditions set out in clause 81, Sick Leave to Care for a Sick Family Member of this award apply.

 

96.2.4 The leave shall be taken in multiples of one (1) hour, unless debiting of leave in hours or in fractions of an hour has been approved in the staff member’s section;

 

96.2.5 Leave in lieu accrued in respect of overtime shall be given by the NSW Police Force and taken by the staff member within three months of accrual unless alternate local arrangements have been negotiated between the Commissioner and the Association;

 

96.2.6 A staff member shall be paid for the balance of any overtime entitlement not taken as leave in lieu.

 

97.  Calculation of Overtime

 

97.1    Unless a minimum payment in terms of subclause 90.4 of clause 90, Overtime Worked by Day Workers of this award applies, overtime shall not be paid if the total period of overtime worked is less than a quarter of an hour.

 

97.2    The formula for the calculation of overtime at ordinary rates for staff members employed on a five (5) day basis shall be:

 

Annual salary	X	5	X	1
1		260.89		No of ordinary hours of work per week

 

97.3    The formula for the calculation of overtime at ordinary rates for staff members employed on a seven (7) day basis shall be:

 

Annual salary	X	7	X	1
1		365.25		No of ordinary hours of work per week

 

97.4    To determine time and one half, double time or double time and one half, the hourly rate at ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated to the nearest cent.

 

97.5    Overtime is not payable for time spent travelling.

 

98.  Provision of Transport in Conjunction with Working of Overtime

 

98.1    For the purpose of this clause, departure or arrival after 8.00 p.m will determine whether the provisions of this clause apply.

 

Departure or arrival after 8.00p.m of a staff member on overtime or a regular or rotating shift roster, does not in itself warrant the provision of transport. It needs to be demonstrated that the normal means of transport, public or otherwise, is not reasonably available and/or that travel by such means of transport places the safety of the staff member at risk.

 

The responsibility of deciding whether the provision of assistance with transport is warranted in the circumstances set out above, rests with administrative units of the NSW Police Force where knowledge of each particular situation will enable appropriate judgements to be made.

 

98.2    Arrangement of Overtime

 

Where overtime is required to be performed, it should be arranged, as far as is reasonably possible, so that the staff member can use public transport or other normal means of transport to and from work.

 

98.3    Provision of Taxis

 

Where a staff member:

 

98.3.1 ceases overtime duty after 8.00 p.m., or

 

98.3.2 ceases or commences duty performed as part of a regular or rotating roster of shift duty after 8.00 p.m.,

 

and public transport or other normal means of transport is not reasonably available, arrangements may be made for transport home or to be provided by way of taxi.

 

SECTION 10 - MISCELLANEOUS

 

99.  Anti-Discrimination

 

99.1    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.

 

99.2    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.

 

99.3    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.

 

99.4    Nothing in this clause is to be taken to affect:

 

99.4.1 Any conduct or act which is specifically exempted from anti‑ discrimination legislation;

 

99.4.2 Offering or providing junior rates of pay to persons under 21 years of age;

 

99.4.3 Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti‑Discrimination Act 1977;

 

99.4.4 A party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

99.5    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.

 

99.5.1 Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

99.5.2 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."

 

100.  Secure Employment

 

100.1   Occupational Health and Safety

 

100.1.1          For the purposes of this subclause, the following definitions shall apply:

 

(a)      A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(b)      A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

100.1.2          Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(a)      consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

(b)      provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(c)      provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(d)      ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those  risks.

 

100.1.3          Nothing in this subclause is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

100.2   Disputes regarding the application of this clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

100.3   This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

101.  Existing Entitlements

 

The provisions of this award shall not affect any entitlements existing in the NSW Police Force or a section of the NSW Police Force at the time this award is made, if such provisions are better than the provisions contained in this award. Such entitlements are hereby expressly preserved until renegotiated with the Association.

 

102.  No Extra Claims

 

102.1   This award provides pay increases of 4% with effect from the first pay period to commence on or after 1 July 2008, a further increase of 4% with effect from the first pay period to commence on or after 1 July 2009, and a further increase of 4% with effect from the first pay period to commence on or after 1 July 2010.

 

102.2   The salary increases in subclause 102.1 of this clause arise from the agreement of the parties to the Crown Employees (Public Sector - Salaries 2008) Award contained in the Memorandum of Understanding  between the NSW Government and the Association for the period 1 July 2008 to 30 June 2011 entered into on 2 October 2008.

 

102.3   The Memorandum of Understanding referred in subclause 102.2 of this clause contains a "no extra claims" commitment, provided that this shall not prevent the parties to this award from applying for award changes in accordance with clause 103, Leave Reserved of this award.

 

103.  Leave Reserved

 

Leave is reserved for the NSW Police Force to make application to the Industrial Relations Commission of New South Wales during the nominal term of this Award, to seek the future inclusion of casual employment provisions within this instrument, similar to those provisions applying within the NSW Public Sector.

 

Leave is also reserved for either party to make application to the Industrial Relations Commission of New South Wales during the nominal term of this award, to seek the future inclusion of terms to give effect to the Memorandum of Understanding between the NSW Government and the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales (1 July 2008 - 30 June 2011, made on 2 October 2008 arising out of matter IRC 445 of 2008).

 

104.  Area, Incidence and Duration

 

104.1   This award shall apply to Administrative Officers and Temporary Employees as defined in the NSW Police Act 1990.

 

104.2   This award rescinds and replaces the Crown Employees (NSW Police Force Administrative Officers and Temporary Employees Conditions of Employment) Award 2008, published 1 December 2006 (361 I.G. 977) and the variation published 29 May 2009 (368 I.G. 37); and the Crown Employees (NSW Police Force Administrative Officers and Temporary Employees - Salaries 2009) Award published 29 May 2009 (368 I.G. 20).

 

104.3   This award will be operative from 11 August 2009 and will remain in place until 30 June 2011.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Administrative Officer and Temporary Employee Classifications
Classification and Grades	FPP	FPP	FPP	FPP
	1.7.07	1.7.08	1.7.09	1.7.10
	Per annum	Per annum	Per annum	Per annum
		+4%	+4%	+4%
	$	$	$	$
Armourer, Police
1st year of service	54,480	56,659	58,925	61,282
2nd year of service	55,472	57,691	59,999	62,399
3rd year of service	56,701	58,969	61,328	63,781
4th year of service and thereafter	57,772	60,083	62,486	64,985

 

Senior Armourer, Police
1st year of service	60,518	62,939	65,457	68,075
2nd year of service	61,801	64,273	66,844	69,518
3rd year of service and thereafter	63,561	66,103	68,747	71,497
Administrative and Clerical Clerks General
Scale
Clerks General Scale step 1	22,429	23,326	24,259	25,229
Clerks General Scale step 2	25,452	26,470	27,529	28,630
Clerks General Scale step 3	27,055	28,137	29,262	30,432
- 1st year of service or 18 years
Clerks General Scale step 4	30,656	31,882	33,157	34,483
Minimum for:
- employee with Business Administration
Certificate III, Government Certificate III or
equivalent at 18 years of age
- employee with Higher School Certificate
Qualification at 19 years of age
Clerks General Scale step 5	32,723	34,032	35,393	36,809
Minimum for:
- employee qualified at Business Administration
Certificate III, Government Certificate III or
equivalent and is qualified at HSC standard at
17 years of age
- employee 20 years of age
Clerks General Scale step 6	35,266	36,677	38,144	39,670
Minimum for employee 21 years of age
Clerks General Scale step 7	36,229	37,678	39,185	40,752
Clerks General Scale step 8	37,762	39,272	40,843	42,477
Clerks General Scale step 9	38,448	39,986	41,585	43,248
Clerks General Scale step 10	39,400	40,976	42,615	44,320
Clerks General Scale step 11	40,857	42,491	44,191	45,959
Clerks General Scale step 12	42,338	44,032	45,793	47,625
Clerks General Scale step 13	43,903	45,659	47,485	49,384
Provided that officers who on 6th December	45,781	47,612	49,516	51,497
1979 were on 14th year of General Scale and
paid a personal allowance of $417.00 p.a. in
terms of Circular No. 202 of 1979 shall be paid
by way of allowance above step 13 of the
General Scale
Grade 1
1st year of service	46,320	48,173	50,100	52,104
Thereafter	47,682	49,589	51,573	53,636
Grade 2
1st year of service	49,012	50,972	53,011	55,131
Thereafter	50,356	52,370	54,465	56,644
Grade 3
1st year of service	51,784	53,855	56,009	58,249
Thereafter	53,344	55,478	57,697	60,005
Grade 4
1st year of service	55,010	57,210	59,498	61,878
Thereafter	56,701	58,969	61,328	63,781
Grade 5
1st year of service	61,128	63,573	66,116	68,761
Thereafter	63,056	65,578	68,201	70,929
Grade 6
1st year of service	65,527	68,148	70,874	73,709
Thereafter	67,448	70,146	72,952	75,870

 

Grade 7
1st year of service	69,468	72,247	75,137	78,142
Thereafter	71,546	74,408	77,384	80,479
Grade 8
1st year of service	74,527	77,508	80,608	83,832
Thereafter	76,896	79,972	83,171	86,498
Grade 9
1st year of service	79,188	82,356	85,650	89,076
Thereafter	81,414	84,671	88,058	91,580
Grade 10
1st year of service	84,738	88,128	91,653	95,319
Thereafter	87,263	90,754	94,384	98,159
Grade 11
1st year of service	91,589	95,253	99,063	103,026
Thereafter	95,472	99,291	103,263	107,394
Grade 12
1st year of service	101,454	105,512	109,732	114,121
Thereafter	105,923	110,160	114,566	119,149
Bar Manager, Police College
1st year of service	45,967	47,806	49,718	51,707
Thereafter	46,807	48,679	50,626	52,651
Building Manager (Sydney Police Centre)
1st year of service	58,341	60,675	63,102	65,626
2nd year of service	58,925	61,282	63,733	66,282
PT Building Manager Allowance	1,066	1,109	1,153	1,199
Clerical Officer - translated to Administrative
and Clerical Clerks classification - see
Table 2 of this award
Clinical Pharmacologist	114,995	119,595	124,379	129,354
Computer Systems Officer (CSO)
CSO Level 1 - Non Graduate
Year 1A	27,055	28,137	29,262	30,432
Year 1B	32,723	34,032	35,393	36,809
Year 1C	35,266	36,677	38,144	39,670
Year 1D	36,229	37,678	39,185	40,752
Year 1E	37,762	39,272	40,843	42,477
Year 1F	38,448	39,986	41,585	43,248
Year 2	40,857	42,491	44,191	45,959
Year 3	47,682	49,589	51,573	53,636
Year 4	50,356	52,370	54,465	56,644
CSO Level 1 - Graduate
Year 1A (Any degree)	40,857	42,491	44,191	45,959
Year 1B (Degree - Computer	42,338	44,032	45,793	47,625
Sciences)
Year 2	56,701	58,969	61,328	63,781
Year 3	63,056	65,578	68,201	70,929
CSO Level 2
Year 1	53,344	55,478	57,697	60,005
Year 2	56,701	58,969	61,328	63,781
Year 3	63,056	65,578	68,201	70,929
CSO Level 3
Year 1	65,527	68,148	70,874	73,709
Year 2	67,448	70,146	72,952	75,870
Year 3	69,468	72,247	75,137	78,142
Year 4	71,546	74,408	77,384	80,479
Year 5	74,527	77,508	80,608	83,832
Year 6	76,896	79,972	83,171	86,498

 

CSO Level 4
Year 1	79,188	82,356	85,650		89,076
Year 2	81,414	84,671	88,058		91,580
Year 3	84,738	88,128	91,653		95,319
Year 4	87,263	90,754	94,384		98,159
CSO Level 5
Year 1	91,589	95,253	99,063		103,026
Year 2	95,472	99,291	103,263		107,394
CSO Level 6
Year 1	101,454	105,512	109,732		114,121
Year 2	105,923	110,160	114,566		119,149
Departmental Professional Officer
Grade 1 -
1st year of service	46,320	48,173	50,100		52,104
2nd year of service	48,143	50,069	52,072		54,155
3rd year of service	50,829	52,862	54,976		57,175
4th year of service	54,480	56,659	58,925		61,282
5th year of service	58,341	60,675	63,102		65,626
6th year of service and thereafter	61,801	64,273	66,844		69,518
Grade II -
1st year of service	64,827	67,420	70,117		72,922
2nd year of service	66,749	69,419	72,196		75,084
3rd year of service	68,784	71,535	74,396		77,372
4th year of service and thereafter	71,546	74,408	77,384		80,479
Grade III -
1st year of service	74,527	77,508	80,608		83,832
2nd year of service	76,896	79,972	83,171		86,498
3rd year of service	78,427	81,564	84,827		88,220
4th year of service and thereafter	81,414	84,671	88,058		91,580
Grade IV -
1st year of service	84,738	88,128	91,653		95,319
2nd year of service and thereafter	86,419	89,876	93,471		97,210
Grade V -
1st year of service	89,810	93,402	97,138		101,024
2nd year of service and thereafter	91,589	95,253	99,063		103,026
Grade VI -
1st year of service	94,443	98,221	102,150		106,236
2nd year of service and thereafter	96,293	100,145	104,151		108,317
1st year of service	99,269	103,240	107,370		111,665
2nd year of service and thereafter	101,454	105,512	109,732		114,121
Grade VIII -
1st year of service	104,754	108,944	113,302		117,834
2nd year of service and thereafter	105,923	110,160	114,566		119,149
Director of Music (Police Band)
1st year	63,506	65,578	68,201		70,929
2nd year	64,827	67,420	70,117		72,922
3rd year	66,749	69,419	72,196		75,084
4th year	68,784	71,535	74,396		77,372
5th year and thereafter	70,862	73,696	76,644		79,170
Loading
1st year	6,306	6,558	6,820		7,093
2nd year	6,482	6,741	7,011		7,291
3rd year	6,675	6,942	7,220		7,509
4th year	6,879	7,154	7,440		7,738
5th year and thereafter	7,087	7,370	7,665		7,972
Car Drivers
Driver/General Assistant	41,189	42,837	44,550		46,332
Departmental - Driver/Assistant	43,543	45,285	47,096		48,980
Police Executive Driver/Assistant
1st year and thereafter	43,519	45,260	47,070		48,953
All incidence of employment allowance	40,270	41,881	43,556		45,298
Clothing Allowance $600 per annum
Driving Instructor
1st year	57,177	59,402	61,778		64,249
2nd year	57,772	60,083	62,486		64,985
3rd year and thereafter	59,428	61,805	64,277		66,848
Engineer
Grade I Diplomate Experience Since Qualifying
In first year	46,320	48,173	50,100		52,104
After one year	48,143	50,069	52,072		54,155
After two years	50,829	52,862	54,976		57,175
After three years	54,480	56,659	58,925		61,282
After four years	58,341	60,675	63,102		65,626
After five years	61,801	64,273	66,844		69,518
Grade I Graduate Experience Since
Qualifying
In first year	48,143	50,069	52,072		54,155
After one year	50,829	52,862	54,976		57,175
After two years	54,480	56,659	58,925		61,282
After three years	58,341	60,675	63,102		65,626
After four years	61,801	64,273	66,844		69,518
Grade II
1st year of service	65,527	68,148	70,874		73,709
2nd year of service	68,051	70,773	73,604		76,548
3rd year of service	70,167	72,974	75,893		78,929
4th year of service and thereafter	72,208	75,096	78,100		81,224
Grade III
1st year of service	76,064	79,107	82,271		85,562
2nd year of service	78,427	81,564	84,827		88,220
3rd year of service	81,414	84,671	88,058		91,580
4th year of service and thereafter	83,906	87,262	90,752		94,382
Grade IV
1st year of service	88,113	91,638	95,304		99,116
2nd year of service	90,699	94,327	98,100		102,024
3rd year of service and thereafter	92,500	96,200	100,048		104,050
Grade V
1st year of service	96,293	100,145	104,151		108,317
2nd year of service and thereafter	98,190	102,118	106,203		110,451
Grade VI
1st year of service	100,364	104,379	108,554		112,896
2nd year of service and thereafter	102,516	106,617	110,882		115,317
General Assistant (NSW Police Academy)
1st year	35,925	37,362	38,856		40,410
2nd year	36,229	37,678	39,185		40,752
3rd year	36,915	38,392	39,928		41,525
4th year	37,762	39,272	40,843		42,477
5th year and thereafter	38,448	39,986	41,585		43,248
Groom, Mounted Police
1st year	34,401	35,777	37,208		38,696
2nd year and there after	35,613	37,038	38,520		40,061
Imaging Technician
1st year	51,784	53,855	56,009		58,249
2nd year	53,344	55,478	57,697		60,005
3rd year	55,010	57,210	59,498		61,878
4th year and thereafter	56,701	58,969	61,328		63,781
Interpreters and Translators
Interpreter/Translator	50,829	52,862	54,976		57,175
Year 1	54,480	56,659	58,925		61,282
Year 2	58,341	60,675	63,102		65,626
Year 3	61,801	64,273	66,844		69,518
Year 4	64,827	67,420	70,117		72,922
Year 5
Senior Interpreter/Translator
Year 1	66,749	69,419	72,196		75,084
Year 2	68,784	71,535	74,396		77,372
Year 3	71,546	74,408	77,384		80,479
Legal Officers
Grade I
1st year of service	48,518	50,459	52,477		54,576
2nd year of service	50,356	52,370	54,465		56,644
3rd year of service	51,784	53,855	56,009		58,249
4th year of service	53,344	55,478	57,697		60,005
5th year of service	55,472	57,691	59,999		62,399
Grade II
1st year of service	60,041	62,443	64,941		67,539
2nd year of service	63,056	65,578	68,201		70,929
3rd year of service	66,749	69,419	72,196		75,084
4th year of service	70,167	72,974	75,893		78,929
5th year of service	72,966	75,885	78,920		82,077
Grade III
1st year of service	76,896	79,972	83,171		86,498
2nd year of service	79,188	82,356	85,650		89,076
3rd year of service	82,244	85,534	88,955		92,513
Grade IV
1st year of service	88,113	91,638	95,304		99,116
2nd year of service	89,810	93,402	97,138		101,024
Grade V
1st year of service	94,443	98,221	102,150		106,236
2nd year of service	96,293	100,145	104,151		108,317
Grade VI
1st year of service	101,454	105,512	109,732		114,121
2nd year of service	103,591	107,735	112,044		116,526
Librarians and Archivists
Grade 1
Year 1	46,320	48,173	50,100		52,104
Year 2	49,012	50,972	53,011		55,131
Year 3	51,784	53,855	56,009		58,249
Year 4	55,010	57,210	59,498		61,878
Year 5	57,772	60,083	62,486		64,985
Year 6	60,518	62,939	65,457		68,075
Grade 2
Year 1	63,056	65,578	68,201		70,929
Year 2	65,527	68,148	70,874		73,709
Year 3	68,784	71,535	74,396		77,372
Year 4	71,546	74,408	77,384		80,479
Grade 3
Year 1	75,308	78,320		81,453	84,711
Year 2	77,634	80,739		83,969	87,328
Year 3	80,683	83,910		87,266	90,757
Year 4	83,906	87,262		90,752	94,382
Grade 4
Year 1	86,419	89,876		93,471	97,210

 

Year 2	88,962	92,520	96,221	100,070
Year 3	91,589	95,253	99,063	103,026
Year 4	94,443	98,221	102,150	106,236
Grade 5
Year 1	97,109	100,993	105,033	109,234
Year 2	100,364	104,379	108,554	112,896
Year 3	103,591	107,735	112,044	116,526
Year 4	107,105	111,389	115,845	120,479
Library Assistant
Year 1	36,229	37,678	39,185	40,752
Year 2	38,448	39,986	41,585	43,248
Year 3	40,857	42,491	44,191	45,959
Year 4	43,903	45,659	47,485	49,384
Year 5	45,524	47,345	49,239	51,209
Library Technician
Grade 1
Year 1	46,320	48,173	50,100	52,104
Year 2	49,012	50,972	53,011	55,131
Year 3	51,784	53,855	56,009	58,249
Year 4	55,010	57,210	59,498	61,878
Grade 2
Year 1	61,128	63,573	66,116	68,761
Year 2	63,056	65,578	68,201	70,929
Year 3	65,527	68,148	70,874	73,709
Year 4	68,784	71,535	74,396	77,372
Maintenance Attendant, Police Academy	36,915	38,392	39,928	41,525
Maintenance Officer Trades	55,010	57,210	59,498	61,878
Manager Trades
1st year	76,896	79,972	83,171	86,498
2nd year and there after	77,634	80,739	83,969	87,328
On call Allowance (per hour)	0.73 p/h	0.76 p/h	0.79 p/h	0.82
				p/h
Assistant Manager Trades
1st year	63,056	65,578	68,201	70,929
2nd year and there after	64,250	66,820	69,493	72,273
On call Allowance	0.73 p/h	0.76 p/h	0.79 p/h	0.82
				p/h
Pathology Exhibit Courier	42,338	44,032	45,793	47,625
Photogrammetrist
General Scale
1st year	27,055	28,137	29,262	30,432
2nd year	32,723	34,032	35,393	36,809
3rd year	35,266	36,677	38,144	39,670
4th year	36,229	37,678	39,185	40,752
5th year	37,762	39,272	40,843	42,477
6th year	38,448	39,986	41,585	43,248
7th year	39,400	40,976	42,615	44,320
8th year	40,857	42,491	44,191	45,959
9th year	42,338	44,032	45,793	47,625
10th year	43,903	45,659	47,485	49,384
11th year	46,320	48,173	50,100	52,104
12th year	47,682	49,589	51,573	53,636
13th year	49,012	50,972	53,011	55,131
14th year	50,356	52,370	54,465	56,644
Officer with HSC aged 19 and over paid not
less than	30,656	31,882	33,157	34,483

 

Class 1
1st year	51,784	53,855	56,009	58,249
2nd year	53,344	55,478	57,697	60,005
3rd year	55,010	57,210	59,498	61,878
4th year	56,701	58,969	61,328	63,781
Class 2
1st year	61,128	63,573	66,116	68,761
2nd year	63,056	65,578	68,201	70,929
Class 3
1st year	65,527	68,148	70,874	73,709
2nd year	67,448	70,146	72,952	75,870
Class 4
1st year	69,468	72,247	75,137	78,142
2nd year	71,546	74,408	77,384	80,479
Class 5
1st year	74,527	77,508	80,608	83,832
2nd year	76,896	79,972	83,171	86,498
Class 6
1st year	79,188	82,356	85,650	89,076
2nd year	81,414	84,671	88,058	91,580
Class 7
1st year	84,738	88,128	91,653	95,319
2nd year	87,263	90,754	94,384	98,159
Public Relations Officer
Assistant Publicity Officers
1st year of service	52,324	54,417	56,594	58,858
2nd year of service	53,847	56,001	58,241	60,571
Publicity Officers
1st year of service	57,772	60,083	62,486	64,985
2nd year of service	59,428	61,805	64,277	66,848
3rd year of service and thereafter	60,518	62,939	65,457	68,075
Public Relations Officer
Grade II
1st year of service	68,784	71,535	74,396	77,372
2nd year of service	70,167	72,974	75,893	78,929
3rd year of service and thereafter	71,546	74,408	77,384	80,479
Grade I
1st year of service	80,683	83,910	87,266	90,757
2nd year of service	82,244	85,534	88,955	92,513
3rd year of service and thereafter	83,906	87,262	90,752	94,382
Allowance in lieu of overtime (per annum)	10,182	10,589	11,013	11,454
Radio Technician,
1st year of service	46,807	48,679	50,626	52,651
2nd year of service	47,196	49,084	51,047	53,089
3rd year of service and thereafter	48,143	50,069	52,072	54,155
Radio Technician, Senior
1st year of service	51,277	53,328	55,461	57,679
2nd year of service and thereafter	51,784	53,855	56,009	58,249
Scientific Officer
Grade I
1st year of service	46,320	48,173	50,100	52,104
2nd year of service	48,143	50,069	52,072	54,155
3rd year of service	50,829	52,862	54,976	57,175
4th year of service	54,480	56,659	58,925	61,282
5th year of service	58,341	60,675	63,102	65,626
6th year of service and thereafter	61,801	64,273	66,844	69,518

 

Grade II
1st year of service	64,827	67,420	70,177	72,922
2nd year of service	66,749	69,419	72,196	75,084
3rd year of service	68,784	71,535	74,396	77,372
4th year of service and thereafter	71,546	74,408	77,384	80,479
Grade III
1st year of service	74,527	77,508	80,608	83,832
2nd year of service	76,896	79,972	83,171	86,498
3rd year of service and thereafter	78,427	81,564	84,827	88,220
Grade IV
1st year of service	82,244	85,534	88,955	92,513
2nd year of service	84,738	88,128	91,653	95,319
3rd year of service and thereafter	86,419	89,876	93,471	97,210
Grade V
1st year of service	89,810	93,402	97,138	101,024
2nd year of service and thereafter	92,500	96,200	100,048	104,050
Grade VI
1st year of service	95,472	99,291	103,263	107,394
2nd year of service	98,190	102,118	106,203	110,451
Senior Basement Attendant, Police Headquarters
1st year of service	39,807	41,399	43,055	44,777
2nd year of service	40,466	42,085	43,768	45,519
3rd year of service	40,857	42,491	44,191	45,959
4th year of service and thereafter	41,575	43,238	44,968	46,767
Senior Officers
Grade 1
Year 1	118,519	123,260	128,190	133,318
Year 2	127,708	132,816	138,129	143,654
Grade 2
Year 1	129,868	135,063	140,466	146,085
Year 2	139,025	144,586	150,369	156,384
Grade 3
Year 1	143,678	149,425	155,402	161,618
Year 2	157,716	164,025	170,586	177,409
Stenographers and Machine Operators
(Present Occupants Only)
1st year (up to 17 years)	20,095	20,899	21,735	22,604
2nd year (or 17 years)	23,852	24,806	25,798	26,830
3rd year (or 18 years)	27,055	28,137	29,262	30,432
4th year (or 19 years)	30,656	31,882	33,157	34,483
5th year (or 20 years)	32,424	33,721	35,070	36,473
6th year (or 21 years)	35,925	37,362	38,856	40,410
7th year	36,915	38,392	39,928	41,525
8th year	38,134	39,659	41,245	42,895
9th year	41,189	42,837	44,550	46,332
10th year	41,912	43,588	45,332	47,145
11th year	43,099	44,823	46,616	48,481
12th year	43,903	45,659	47,485	49,384
Grade 1 -
1st year	46,320	48,173	50,100	52,104
2nd year	47,682	49,589	51,573	53,636
Grade 2 -
1st year	49,012	50,972	53,011	55,131
2nd year	50,356	52,370	54,465	56,644
Grade 3 -
1st year	51,784	53,855	56,009	58,249
2nd year	53,344	55,478	57,697	60,005

 

Storeman Attendant	35,266	36,677	38,144	39,670
Stores Officers
Grade 1
1st year of service	40,466	42,085	43,768	45,519
2nd year of service and thereafter	41,189	42,837	44,550	46,332
Grade 2
1st year of service	41,575	43,238	44,968	46,767
2nd year of service and thereafter	41,912	43,588	45,332	47,145
Grade 3
1st year of service	42,338	44,032	45,793	47,625
2nd year of service and thereafter	42,743	44,453	46,231	48,080
Grade 4
1st year of service	43,543	45,285	47,096	48,980
2nd year of service	44,396	46,172	48,019	49,940
3rd year of service and thereafter	44,396	46,172	48,019	49,940
Technical Officer
Grade 1
1st year of service	47,196	49,084	51,047	53,089
2nd year of service	48,518	50,459	52,477	54,576
3rd year of service	49,863	51,858	53,932	56,089
4th year of service	50,829	52,862	54,976	57,175
5th year of service	52,324	54,417	56,594	58,858
Grade 2
1st year of service	55,010	57,210	59,498	61,878
2nd year of service	56,128	58,373	60,708	63,136
3rd year of service	57,117	59,402	61,778	64,249
4th year of service	58,341	60,675	63,102	65,626
Grade 3
1st year of service and thereafter	62,330	64,823	67,416	70,113
Senior Technical Officer
Grade 1
1st year of service	61,128	63,573	66,116	68,761
2nd year of service	62,330	64,823	67,416	70,113
3rd year of service	64,250	66,820	69,493	72,273
Grade 2
1st year of service	66,166	68,813	71,566	74,429
2nd year of service	68,051	70,773	73,604	76,548
Grade 3	70,862	73,696	76,644	79,710
Technical Officer, Maintenance Services	64,827	67,420	70,117	72,922
Technician
Class 1
1st year of service	43,903	45,659	47,485	49,384
2nd year of service	45,188	46,996	48,876	50,831
Class 2
1st year of service	47,682	49,589	51,573	53,636
2nd year of service	49,012	50,972	53,011	55,131
Class 3
1st year of service	51,784	53,855	56,009	58,249
2nd year of service	52,810	54,922	57,119	59,404
Class 4
1st year of service	53,847	56,001	58,241	60,571
2nd year of service	54,480	56,659	58,925	61,282
Transport Officer	44,396	46,172	48,019	49,940

 

Transport Officer, Mechanical
Year 1	51,784	53,855	56,009	58,249
Year 2	52,324	54,417	56,594	58,858
Year 3	52,810	54,922	57,119	59,404
Year 4	53,344	55,478	57,697	60,005
Uniform Fitter and Advisory Officer	42,743	44,453	46,231	48,080

 

Table 2 - Translation Table for Clerical Officer Classification

 

Clerical Officer classification was translated to the Administrative and Clerical Clerks General Scale and Grades from 1 January 2009

 

Classification & Grades	1.7.07	1.7.08	Administrative and clerical	From
	Per	Per	officer classification on	1/1/09
	annum	annum	translation	Per
		+4%	effective from1/1/09	annum
	$	$		$
Grade 1
Group A
1st year of service under 17	18,832	19,585	Clerks General Scale step 1	23,326
2nd year of service or 17	22,429	23,326	Clerks General Scale step 1	23,326
3rd year of service or 18	25,452	26,470	Clerks General Scale step 2	26,470
4th year of service or 19	30,656	31,882	Clerks General Scale step 4	31,882
5th year of service or 20	32,723	34,032	Clerks General Scale step 5	34,032
6th year of service	35,266	36,677	Clerks General Scale step 6	36,677
7th year of service	36,229	37,678	Clerks General Scale step 7	37,678
8th year of service	37,762	39,272	Clerks General Scale step 8	39,272
9th year of service	38,448	39,986	Clerks General Scale step 9	39,986
10th year of service	39,400	40,976	Clerks General Scale step 10	40,976
Group B
1st year of service under 17	20,095	20,899	Clerks General Scale step 1	23,326
2nd year of service or 17	22,429	23,326	Clerks General Scale step 1	23,326
3rd year of service or 18	25,452	26,470	Clerks General Scale step 3	28,137
4th year of service or 19	30,656	31,882	Clerks General Scale step 4	31,882
5th year of service or 20	32,723	34,032	Clerks General Scale step 5	34,032
6th year of service	35,266	36,677	Clerks General Scale step 6	36,677
7th year of service	36,229	37,678	Clerks General Scale step 7	37,678
8th year of service	37,762	39,272	Clerks General Scale step 8	39,272
9th year of service	38,448	39,986	Clerks General Scale step 9	39,986
10th year of service	39,400	40,976	Clerks General Scale step 10	40,976
Minimum rate at 21	35,266	36,677	Clerks General Scale step 6	36,677
Grade 1/2
Group C
1st year of service under 17	21,154	22,000	Clerks General Scale step 1	23,326
2nd year of service or 17	25,452	26,470	Clerks General Scale step 2	26,470
3rd year of service or 18	30,656	31,882	Clerks General Scale step 4	31,882
4th year of service or 19	32,723	34,032	Clerks General Scale step 5	34,032
5th year of service or 20	35,266	36,677	Clerks General Scale step 6	36,677
6th year of service	36,229	37,678	Clerks General Scale step 7	37,678
7th year of service	37,762	39,272	Clerks General Scale step 8	39,272
8th year of service	38,448	39,986	Clerks General Scale step 9	39,986
9th year of service	39,400	40,976	Clerks General Scale step 10	40,976
10th year of service	40,857	42,491	Clerks General Scale step 11	42,491
11th year of service	42,338	44,032	Clerks General Scale step 12	44,032
12th year of service	43,903	45,659	Clerks General Scale step 13	45,659

 

Group D only
1st year of service or 17	30,656	31,882	Clerks General Scale step 4	31,882
2nd year of service or 17	32,723	34,032	Clerks General Scale step 5	34,032
3rd year of service or 18	35,266	36,677	Clerks General Scale step 6	36,677
4th year of service or 19	36,229	37,678	Clerks General Scale step 7	37,678
5th year of service or 20	37,762	39,272	Clerks General Scale step 8	39,272
6th year of service	38,448	39,986	Clerks General Scale step 9	39,986
7th year of service	39,400	40,976	Clerks General Scale step 10	40,976
8th year of service	40,857	42,491	Clerks General Scale step 11	42,491
9th year of service	42,338	44,032	Clerks General Scale step 12	44,032
10th year of service	43,903	45,659	Clerks General Scale step 13	45,659
*Minimum rate for HSC at	30,656	31,882	Clerks General Scale step 4	31,882
19 years of age
Minimum rate at 21	36,229	37,678	Clerks General Scale step 7	37,678
Grade 3
1st year of service	46,320	48,173	Clerk Grade 1 1st year of service	48,173
2nd year of service	47,682	49,589	Clerk grade 1 thereafter	49,589
Grade 3/4
1st year of service	46,320	48,173	Clerk Grade 1 1st year of service	48,173
2nd year of service	47,682	49,589	Clerk grade 1 thereafter	49,589
3rd year of service	49,012	50,972	Clerk Grade 2 1st year of service	50,972
4th year of service	50,356	52,370	Clerk grade 2 thereafter	52,370
Grade 4
1st year of service	49,012	50,972	Clerk Grade 2 1st year of service	50,972
2nd year of service	50,356	52,370	Clerk grade 2 thereafter	52,370
Grade 5
1st year of service	51,784	53,855	Clerk Grade 3 1st year of service	53,855
2nd year of service	53,344	55,478	Clerk grade 3 thereafter	55,478
Grade 6
1st year of service	55,010	57,210	Clerk Grade 4 1st year of service	57,210
2nd year of service	56,701	58,969	Clerk grade 4 thereafter	58,969
Grade 7
1st year of service	61,128	63,573	Clerk Grade 5 1st year of service	63,573
2nd year of service	63,056	65,578	Clerk grade 5 thereafter	65,578
Grade 8
1st year of service	65,527	68,148	Clerk Grade 6 1st year of service	68,148
2nd year of service	67,448	70,146	Clerk grade 6 thereafter	70,146

 

Table 3 - Allowances

 

Effective 1 July 2009

 

Item	Clause	Description	Amount
No.	No.
1		Meal expenses on one day journeys
		Capital cities and high cost country centres (see
		list in item 2)
	30.1.1	Breakfast	$22.30
	30.1.2	Dinner	$43.00
	30.1.3	Lunch	$25.00
		Tier 2 and other country centres (see list in item
		2)
	30.1.1	Breakfast	$19.95
	30.1.2	Dinner	$39.30
	30.1.3	Lunch	$22.80

 

2		Travelling allowances
	27.8.2	Capital cities	Per day
		Adelaide	$263.80
		Brisbane	$307.80
		Canberra	$251.80
		Darwin	$265.80
		Hobart	$223.80
		Melbourne	$279.80
		Perth	$270.80
		Sydney	$289.80
	27.8.2	High cost country centres	Per day
		Ballarat (VIC)	$225.30
		Bendigo (VIC)	$228.80
		Bright (VIC)	$217.30
		Broome (WA)	$313.80
		Bunbury (WA)	$226.80
		Burnie (TAS)	$231.80
		Cairns (QLD)	$229.80
		Carnarvon (WA)	$253.10
		Christmas Island (WA)	$229.30
		Cocos (Keeling) Island	$216.80
		Dampier (WA)	$281.20
		Derby (WA)	$288.30
		Devonport (TAS)	$235.30
		Emerald (QLD)	$219.80
		Esperance (WA)	$221.80
		Exmouth (WA)	$296.80
		Geelong (VIC)	$227.80
		Geraldton (WA)	$236.30
		Gladstone (QLD)	$225.30
		Gold Coast (QLD)	$241.80
		Halls Creek (WA)	$254.30
		Hervey Bay (QLD)	$225.80
		Horn Island (QLD)	$265.80
		Horsham (VIC)	$219.80
		Jabiru (NT)	$304.80
		Kalgoorlie (WA)	$237.30
		Karratha (WA)	$391.80
		Kununurra (WA)	$264.30
		Launceston (TAS)	$222.30
		Mackay (QLD)	$239.30
		Maitland (NSW)	$214.80
		Mount Isa (QLD)	$265.30
		Newcastle (NSW)	$234.30
		Newman (WA)	$276.80
		Norfolk Island	$226.30
		Port Hedland (WA)	$376.80
		Port Macquarie (NSW)	$221.80
		Thursday Island (QLD)	$286.80
		Townsville (QLD)	$230.80
		Wagga Wagga (NSW)	$224.30
		Warrnambool (VIC)	$219.80
		Weipa (QLD)	$244.80
		Wilpena-Pound (SA)	$241.80
		Wonthaggi (VIC)	$228.80
		Yulara (NT)	$437.80

 

	27.8.2	Tier 2 country centres	Per day
		Albany (WA)	$205.55
		Alice Springs (NT)	$205.55
		Bairnsdale (VIC)	$205.55
		Bathurst (NSW)	$205.55
		Bordertown (SA)	$205.55
		Broken Hill (NSW)	$205.55
		Castlemaine (VIC)	$205.55
		Ceduna (SA)	$205.55
		Dalby (QLD)	$205.55
		Dubbo (NSW)	$205.55
		Echuca (VIC)	$205.55
		Innisfail (QLD)	$205.55
		Kadina (SA)	$205.55
		Mount Gambier (SA)	$205.55
		Naracoorte (SA)	$205.55
		Orange (NSW)	$205.55
		Port Augusta (SA)	$205.55
		Port Lincoln (SA)	$205.55
		Portland (VIC)	$205.55
		Renmark (SA)	$205.55
		Roma (QLD)	$205.55
		Seymour (VIC)	$205.55
		Swan Hill (VIC)	$205.55
		Whyalla (SA)	$205.55
		Wollongong (NSW)	$205.55
			Per Day
	27.8.2	Other country centres	$190.55
	27.8.2	Incidental expenses when claiming actual
		expenses - all locations	$16.50
	27.11	Daily allowance payable after 35 days and up to 6	50% of the appropriate
		months in the same location - all locations	location rate
3	27.8.1	Incidental expenses	$16.50
4		Camping allowance	Per night
	35.2.1	Established camp	$26.85
	35.2.1	Non established camp	$35.50
	35.2.2	Additional allowance for staff who camp in	$8.45
		excess of 40 nights per year
5	36.2	Composite allowance (per day)	$128.00
6		Use of private motor vehicle	Cents per kilometre
	37.3	Official business
		Engine capacity-
		2601cc and over	75.0
		1601cc-2600cc	74.0
		1600cc or less	63.0
	37.3	Casual rate (40% of official business rate)
		Engine capacity-
		2601cc and over	30.0
		1601cc-2600cc	29.6
		1600cc or less	25.2
		Motor cycle allowance (50% of the 1600cc or less
		official business rate)	31.5
	37.7	Towing trailer or horse float (13% of the
		2601cc and over official business rate)	9.75
7		Camping equipment allowance	Per night
	39.2	Camping equipment allowance	$26.50
	39.3	Bedding and sleeping bag	$4.40

 

8		Remote areas allowance	Per annum
		With dependants
	40.2.1	- Grade A	$1699 pa
	40.2.2	- Grade B	$2254 pa
	40.2.3	- Grade C	$3010 pa
		Without dependants
	40.2.1	- Grade A	$1185 pa
	40.2.2	- Grade B	$1580 pa
	40.2.3	- Grade C	$2108 pa
9	41.1	Assistance to staff members stationed in a remote
		area when travelling on recreation leave
		By private motor vehicle	Appropriate casual
			rate up to a maximum
			of 2850 kms less
			$41.90
		Other transport - with dependants	Actual reasonable
			expenses in excess of
			$41.90 and up to
			$280.60
		Other transport - without dependants	Actual reasonable
			expenses in excess of
			$41.90 and up to
			$138.55
		Rail travel	Actual rail fare less
			$41.90
10	42	Insurance cover	Up to $A 1,173
11	43.2	Exchanges	Actual cost
12	44.1	Room at home used as office	$774 pa
13	92.1.1	On-call (stand-by) and on-call allowance	0.79 per hour
		(effective ffpp on or after 1 July 2009)
14	46	Flying allowance (effective ffpp on or after 1 July 2009)	$16.80 per hour
15	47.1	Uniforms, protective clothing and laundry allowance	$4.10 per week
16	49.1	Garage and carport allowance	Per annum
		- Garage allowance	$548 pa
		- Carport allowance	$121 pa
17	50.1	Community language allowance scheme	Per annum
		(effective ffpp on or after 1 July 2009)
		- Base Level Rate	$1120 pa
		- Higher Level Rate	$1683 pa
18	51.1	First aid allowance (effective ffpp on or after 1	Per annum
		July 2009)
		- Holders of basic qualifications	$721 pa
		- Holders of current occupational first aid	$1084 pa
		certificate
19	94.1	Overtime meal allowances	Effective 1 July 2009
		Breakfast	$24.95
		Lunch	$24.95
		Dinner	$24.95

 

NB: In adjusting expense related and salary related allowances, annual rates are adjusted to the nearest dollar, weekly and daily rates are rounded to the nearest 5 cents, and hourly rates are moved to the nearest cent (except for the flying allowance which is moved to the nearest 10 cents).

 

 

 

 

E. A. R. BISHOP, Commissioner

 

 

 

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Printed by the authority of the Industrial Registrar.