Crown Employees (Police Officers - 2005) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Police Association of New South Wales, Industrial Organisation of Employees.

 

(No. IRC 2010 of 2007)

 

 

VARIATION

 

1.          Delete clause 8, Salary Sacrifice to Superannuation and other Employee Benefits, of the award published 7 October 2005 (354 I.G. 175) and insert in lieu thereof the following:

 

8.  Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

(i)         For the purpose of this clause, "salary" means:

 

(a)        the "Loaded Salaries" prescribed by Table 1 - Non-Commissioned Officers (other than Detectives) Salaries of Part B, Monetary Rates

 

(b)        the "Loaded Salaries" prescribed by Table 2 - Detectives Salaries of Part B, Monetary Rates; or

 

(c)        the salaries prescribed by Table 3 - Commissioned Officers Salaries of Part B, Monetary Rates.

 

(ii)        By mutual agreement with the Commissioner, an officer may elect to package part or all of their salary in order to obtain:

 

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

 

(b)        a salary equal to the difference between the salary prescribed for the officer by subclause (i), and the amount specified by the Commissioner from time to time for the benefit provided to or in respect of the officer in accordance with such agreement.

 

(iii)       The amount packaged, including any salary sacrifice to superannuation arrangement under subclause (x) to (xiv), may be up to one hundred (100) percent of the officer's salary.

 

(a)        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 deduction may include, but not limited to, compulsory superannuation payment, HECS payments, child support payments, unions fees and health fund premiums.

 

(iv)       An election to salary package must be made prior to the commencement of the period of service to which the earnings relate

 

(v)        The agreement shall be known as a Salary Packaging Agreement

 

(vi)       Except in accordance with subclause (x) to (xiv), a Salary Packaging Agreement shall be recorded in writing and shall be for a period of time as mutually agreed between the officer and the Commissioner at the time of signing the Salary Packaging Agreement.

 

(vii)      Where the officer has elected to package a part or all of their salary:

 

(a)        subject to Australian Taxation Law, the amount of salary packaged will reduced the salary subject to appropriate PAYG taxation deductions by the amount packaged; and

 

(b)        any allowances, penalty rate, payment for unused leave entitlements, weekly worker's compensation or other payment, other than any payment for leave taken in service, to which an officer is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to the officer's salary shall be calculated by reference to the salary which would have applied to the officer in the absence of any Salary Packaging Agreement made under this Award.

 

(viii)     The Commissioner may vary the range and type of benefits available from time to time following discussions with the Association.  Such variations shall apply to any existing or future Salary Packaging Agreements from date of such variation.

 

(ix)       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 circumstances, the officer may elect to terminate the Salary Packaging Agreement immediately

 

(x)        An officer may elect to sacrifice a part or all of their salary additional to employer superannuation contributions.

 

(xi)       Where the officer makes an election in terms of subclause (x), the officer may elect to have the amount of salary sacrificed:

 

(a)        paid into the superannuation scheme established under the First State Superannuation Act 1992 as an optional employer contribution; or

 

(b)        subject to the Commissioner's agreement, paid into another complying superannuation scheme as employer superannuation contributions.

 

(xii)      Where an officer makes an election in terms of clause (x), the Commissioner shall pay the amount of salary, the subject of election to the relevant superannuation fund.

 

(xiii)     Where an officer makes an election in terms of subclause (x) and where the officer is a member of a superannuation established under the:

 

(a)        Police Regulation (Superannuation) Act 1906;

 

(b)        Superannuation Act 1916;

 

(c)        State Authorities Superannuation Act 1987;

 

(d)        State Authorities Non-Contributory Superannuation Act 1987; or

 

(e)        First State Superannuation Act First 1992

 

The Commissioner must ensure that the amount of any additional employer superannuation contributions specified in subclause (x) of this clause is included in the officer's superable salary which is notified to the SAS Trustee Corporations.

 

(xiv)     Where an officer makes an election in terms of subclause (x), and where, prior to electing to sacrifice a part or all of their salary to superannuation, an officer has entered into an agreement with the Commissioner to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause (xiii) of this clause, the Commissioner will continue to base contributions to that fund on the salary payable to the same extent as applied before the officer sacrificed that amount of salary to superannuation.  This clause applies even though the superannuation contributions made by the Commissioner may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

 

2.          Delete subclause (ii) of clause 38, Detectives Salary Structure and Transition and insert in lieu thereof the following:

 

(ii)        Detectives who are classified as:  Constable Level 2, Constable Level 3, Senior Constable Level 2 Step 1, Senior Constable Level 3 Step 1, Senior Constable Level 3 Step 2, Senior Constable Level 4 Step 1, Senior Constable Level 5 Step 1, Senior Constable with more than 1 years service on Level 6, Leading Senior Constable Level 1 Step 2, Sergeant Level 2 Step 2, Sergeant Level 2 Step 3, Sergeant Level 2 Step 4, Sergeant with more than 1 years service on Level 3; as at the date of the transitions, i.e. 12 months from the beginning of the first full pay period commencing on or after 1 July 2006.  All other Detectives shall retain their existing increment date.

 

3.          Delete Table 4 - Travelling Allowances, Table 5 - Remote Areas - Living Allowance and Table 10 - Meal Allowances of Part B, Monetary Rates and insert in lieu thereof the following:

 

Table 4 - Travelling Allowances

 

Item 1

 

 

Item 2

 

 

Item 3

 

 

Table 5 - Remote Areas - Living Allowance

 

Item 1

 

 

Item 2

 

 

Table 10 - Meal Allowances (Non-Commissioned Officers)

 

Where Non-Commissioned Officers incur expense in purchasing a meal:

 

(i)         when they have worked more than one half hour beyond the completion of a rostered shift or

 

(ii)        where they have performed duty at a place where no reasonable meal facilities were available for partaking of a meal or

 

(iii)       where they are performing escort duty and cannot carry a meal.

 

 

4.          This variation shall take effect on and from 1 July 2007.

 

 

 

R. P. BOLAND J

 

 

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Printed by the authority of the Industrial Registrar.