Crown
Employees (Senior Assistant Superintendents and Assistant Superintendents,
Department of Corrective Services) Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1536 of 2008)
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Before Commissioner
Bishop
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9 July 2009
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REVIEWED
AWARD
Part A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Title
3. Definitions
4. Conditions
Fixed by other Instruments of Employment
5. Principles
of Understanding
6. Hours of
Work
7. Public
Holidays
8. Rostered
Day Off
9. Additional
Hours
10. Ranking
Structure
11. Annualised
Salary Package and Allowances
12. Recreation
Leave
13. Annual
Leave Loading
14. Leave
Entitlements
15. Higher
Duties
16. Performance
Agreement
17. Permanent
Part-time
18. Professional
Conduct
19. Equality of
Employment and Elimination of Discrimination
20. Harassment
Free Workplace
21. Anti-Discrimination
22. Occupational
Health and Safety
23. Flexible
Working and Operational Arrangements
24. Deduction
of Association Membership Fees
25. Grievance
and Dispute Resolution Procedures
26. No Further
Claims
27. Savings of
Rights
28. Transitional
Arrangements
29. Area,
Incidence and Duration
PART B
Schedule 1 - Annualised Salary Package
Schedule 2 - Other Allowances
2. Title
This Award shall be known as the Crown Employees (Senior
Assistant Superintendents and Assistant Superintendents, Department of
Corrective Services) Award 2009.
3. Definitions
In this Award, unless the content or subject matter
otherwise indicates, the following definitions apply:
"Act" means the Public Sector Employment
and Management Act 2002.
"Assistant Commissioner" means the person
occupying or acting in the position of Assistant Commissioner.
"Association" means the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
"Assistant Superintendent" means a commissioned
officer occupying a position at the rank of Assistant Superintendent.
"Award" means this Award.
"Commissioner" means the Chief Executive
Officer of the Department as listed in Column 2 of Schedule 1 of the Act.
"Department" means the Department of
Corrective Services, as specified in Schedule 1 of the Act.
"Deputy Commissioner, Offender Management and
Operations" means the person occupying or acting in the position of Deputy
Commissioner, Offender Management and Operations.
"General Manager" means a commissioned
officer occupying a position at the rank of General Manager in charge of
Correctional Centres or other positions so designated by the Commissioner.
"Manager Business Unit" means a commissioned
officer occupying a position of Manager Business Unit within Corrective
Services Industries.
"Manager Centre Services and Employment"
means a commissioned officer occupying a position of Manager Centre Services
and Employment within Corrective Services Industries.
"Manager of Industries Levels 1 and 2" means
a commissioned officer occupying a position of Manager of Industries Level 1 or
Level 2 within Corrective Services Industries.
"Manager Security" means a commissioned
officer occupying a position of Manager Security.
"Officer" means and includes all persons
substantively or temporarily appointed to a position within the Department
pursuant to the provisions of the Act, of: Senior Assistant Superintendent,
Assistant Superintendent, Manager of Industries Levels 1 and 2, Manager Centre
Services and Employment, Manager Business Unit, Regional Business Manager and
Operations Manager and who are occupying one of the positions covered by this
Award at its operative date, or are appointed to or employed in one of these
positions after that date.
"Operations Manager" means a commissioned
officer occupying a position of Operations Manager within Corrective Services
Industries.
"Permanent Part-time Officer" means an
officer who is engaged under the Act for set and regular hours that are less
than the full 38 hour week contained in this Award.
"Personnel Handbook" means the New South
Wales Government Personnel Handbook published by the Department of Premier and
Cabinet on-line at www.dpc.nsw.gov.au, as updated from time to time.
"Regional Business Manager" means a
commissioned officer occupying a position of Regional Business Manager within
Corrective Services Industries.
"Regulation" means the Public Sector
Employment and Management (General) Regulation 1996.
"Senior Assistant Superintendent" means a
commissioned officer occupying a position at the rank of Senior Assistant
Superintendent.
4. Conditions Fixed
By Other Instruments of Employment
4.1 The following
Awards, or their replacements, insofar as they fix conditions of employment
applying to officers covered by this Award, which are not fixed by this Award,
shall continue to apply:
4.1.1 Crown
Employees (Public Service Conditions of Employment) Award 2009.
4.1.2 Crown
Employees (Transferred Employees Compensation) Award.
4.2 The following
Agreement made pursuant to Section 131 of the Act, or its replacement, insofar
as it fixes conditions of employment applying to officers covered by the Award,
which are not fixed by this Award, shall continue to apply:
4.2.2 Crown Employees
(Transferred Officers' Excess Rent Assistance) Agreement No. 2354 of 1981.
4.3 Except as
expressly provided by this Award, and except where conditions are covered by
the Awards and the Agreement referred to in subclauses 4.1 and 4.2 of this
clause, the conditions of employment for officers shall be determined by the
provisions of the Act, the Regulation and the Personnel Handbook.
5. Principles of
Understanding
5.1 The parties
acknowledge that the former Crown Employees (Senior Assistant Superintendents
and Assistant Superintendents, Department of Corrective Services) Award 2005,
published 10 March 2006 (357 I.G. 1068) was entered into on the basis of a
mutual commitment to operate cost efficient and commercially competitive
Correctional Centre administration based on modern correctional practices and
the initiatives contained in the "Way Forward" Reform package. In
meeting this commitment, the Award provides the terms and conditions of
employment for officers which are aimed at increasing productivity and
flexibility in the conduct of the Department’s operations.
5.2 The parties
agreed to the introduction of an annualised salary package which includes all
incidents of employment except as otherwise expressly contained in this Award.
5.3 The parties
agreed to implement changes to rostering practices and procedures through the
promulgation of a twelve week roster comprising three roster cycles, with the
preparation of rosters to be undertaken by the Operations Scheduling Unit under
the control of the Deputy Commissioner, Offender Management and Operations or
delegate.
5.4 The parties
acknowledge that the changes to rostering practices and the annualisation of
salaries are not intended to disadvantage officers engaged under this Award.
6. Hours of Work
6.1 The ordinary
full time hours of work for officers on a 5 day working arrangement employed
under this Award shall be an average of 38 hours per week, to be worked Monday
to Friday inclusive. In exceptional circumstances work can be undertaken
outside of Monday to Friday by agreement with the officer and his/her
supervisor.
6.2 The ordinary
full time hours of work for officers on a 7 day or 5 of 7 day working
arrangement employed under this Award shall be an average of 38 hours per week
over a 28 day period, to be worked Monday to Sunday inclusive.
6.3 Weekend work for
7 day and 5 of 7 day workers shall be equitably distributed over a 12 month
period and displayed on the 28 day roster.
Such 5 of 7 or 7 day workers shall not be rostered for work for more
than an average of 2 weekends per 19 day roster period worked.
6.4 Officers shall
have the opportunity to swap shifts as agreed by their Manager Security or
officer in charge.
6.5 Officers may,
with the approval of the Operations Scheduling Unit, request to vary the 12
week roster as promulgated, in liaison with the Manager Security of the
Correctional Centre.
7. Public Holidays
7.1 Officers engaged
under this Award and who regularly perform rostered duty on Sundays and Public
Holidays shall receive the following compensation and are subject to the
following conditions:
7.2 When rostered
off on a public holiday - no additional compensation or payment.
7.3 When rostered on
a public holiday and work performed - no additional payment.
7.4 Additional
payment on the following basis:
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Number of ordinary
shifts worked on Sundays and/or
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Additional Payment
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public holidays
during a qualifying period of twelve(12)
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|
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months from 1st
December one year to 30th November
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|
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the next year.
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|
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4 to 10
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1/5th of one week’s
ordinary salary
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11 to 17
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2/5ths of one
week’s ordinary salary
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18 to 24
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3/5ths of one
week’s ordinary salary
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25 to 31
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4/5ths of one
week’s ordinary salary
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32 or more
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One week’s ordinary
salary
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7.5 The additional
payment shall be made after the 1st December in each year for the preceding
twelve months, provided that:
7.5.1 Where employment
of an officer is terminated or the officer resigns or retires, the officer shall
be entitled to be paid the additional payment that may have accrued under
subclause 7.4 of this clause from the preceding 1st December until the date of
termination, resignation or retirement.
7.5.2 Payment shall be
made at the rate applying as at 1st December each year, or at the date of
termination, resignation or retirement.
7.6 Officers who are
directed to work on the Public Service Holiday as determined by the
Commissioner within the Christmas/New Year period are, in lieu of work on this
day, entitled to be absent from duty on one of the two days preceding the New
Years Day Public Holiday.
8. Rostered Day Off
8.1 The hours of
work prescribed in subclauses 6.1 and 6.2 of clause 6, Hours of Work shall be
worked on the basis of one rostered day off per month in each 20 working days
of a 28 day roster cycle. Officers shall accrue 0.4 of an hour each 8 hour day
towards having the 20th day off with pay, subject to subclauses 8.3 and 8.4 of
this clause.
8.2 An officer’s rostered
day off shall be determined by the Department having regard to the needs of the
establishment or sections thereof.
Where practicable, a rostered day off shall be consecutive with other
days off. The rostered day off shall be shown as a crossed day off on the
roster.
8.3 Once set, the
rostered day off may not be changed in a current 28 day roster cycle without
agreement between the officer and his/her supervisor. When the rostered day off is changed by mutual agreement, another
day shall be substituted in the current roster cycle. Should this not be
practicable, the rostered day must be given and taken in the next roster cycle.
8.4 The maximum
number of rostered days off prescribed in subclause 8.1 of this clause shall be
12 days per annum. There shall be no accrual towards a rostered day off during
the first four weeks of recreation leave.
8.5 All other paid
leave shall contribute towards the accrual of a rostered day off except where
paid workers compensation and extended leave are current throughout the roster
cycle. Where an officer’s rostered day off falls during a period of sick leave,
the officer’s available sick leave shall not be debited for that day.
8.6 As an
alternative to the provisions contained in the above subclauses, officers may
elect to receive:
8.6.1 payment in lieu
of rostered days off; and/or
8.6.2 payment in lieu
of recreation leave accrued above 4 weeks per annum up to a maximum of 10 days
on an annual basis. Officers entitled to make this election must be 5 of 7 or 7
day workers.
This additional payment shall be made on the first pay
period after 1st December each year.
9. Additional Hours
9.1 No payment for
additional hours to the ordinary hours of work shall be paid to officers under
this Award. The only exception is in cases of emergency.
9.2 Officers who are
authorised by the General Manager for operational purposes to remain on duty
for a period in excess of 15 minutes beyond a standard 8 hour shift shall be
entitled to time off in lieu on the basis of an hour off for each additional
hour worked as outlined in the Procedures for the Management of Time Off in
Lieu, Senior Assistant Superintendents and Assistant Superintendents issued 24
January 2006.
9.3 Time off in lieu
shall be granted at a mutually agreeable time between the officer and the
General Manager, but must account for the operational needs of the workplace
and shall be taken within 28 days of the date such additional hours are
performed.
9.4 Should it not be
possible for this time off in lieu referred to in subclause 9.3 of this clause
to be granted within 28 days of the date the additional hours are performed,
time off in lieu shall be taken within a further 28 day period.
9.5 Should it not be
possible for the time off in lieu to be taken within the time frames nominated
in subclauses 9.3 and 9.4 of this clause, such time shall be paid at the rate
of single time for all hours worked.
9.6 The Manager
Security is responsible to the General Manager to ensure that all time off in lieu
is administered in accordance with subclauses 9.3 to 9.5 of this clause and
with the Procedures referred to in subclause 9.2 of this clause.
9.7 Officers who are
recalled to duty on account of an emergency shall be entitled to the payment of
overtime for all time worked. A minimum of 3 hours shall be paid for each
recall to duty on account of an emergency.
9.8 Work undertaken
on account of an emergency outside of ordinary hours of work shall be
compensated at the rate of time and one-half for the first two hours and at the
rate of double time thereafter, Monday to Saturday inclusive; at the rate of
double time on Sunday; and at the rate of double time and one-half on a public holiday. The rate of payment for
this work shall be the maximum rate for Clerk, Grade 8 plus $1.
9.9 For the purposes
of this Award, emergency situations include but are not limited to situations
such as: riot, death in custody, fire or hostage. Hours worked in relation to
any such incidents must be submitted for the approval of the officer’s Manager
Security or General Manager.
9.10 The annualised
salary payable under this Award recognises that additional work time may be
involved in briefing incoming officers at the time of shift handover. There
shall be no additional payment for this work time.
10. Ranking Structure
10.1 The following
ranking structure shall apply:
Senior Assistant Superintendent (commissioned officer)
Assistant Superintendent (commissioned officer)
Operations Manager (commissioned officer)
Manager of Industries Levels 1 and 2 (commissioned
officer)
Manager Centre Services and Employment (commissioned
officer)
Manager Business Unit (commissioned officer)
10.2 The Commissioner
reserves the right to transfer officers in accordance with Section 87 of the
Act, if such action is considered to be in the best interests of the
Department.
10.3 Wherever possible
transfers between locations or positions covered by this Award will be agreed between
the officer and the Commissioner or delegated officer. Such agreement does not
apply to transfers which are directed as a result of disciplinary or
performance issues or where there is a rotation between positions at the same
rank in the same Correctional Centre or Correctional Complex as defined in the Crimes
(Administration of Sentences) Act 1999. Nothing in this subclause
diminishes the right of the Commissioner to direct transfers in accordance with
Section 87 of the Act.
11. Annualised Salary
Package and Allowances
11.1 The annualised
salaries payable in this Award are as shown in Part B, Schedule 1, and shall
include all incidents of employment, including an Incidental Allowance, except
as otherwise expressly contained in this Award.
11.2 Hosiery
Allowance: An allowance shall be paid to female officers to compensate for the
purchase of hosiery (which is not provided as part of the standard issue of
clothing) as shown in Part B, Schedule 2, Other Allowances.
11.3 Meal Allowances:
Officers covered by this Award are not entitled to meal allowances except when
work is being performed in accordance with the provisions of subclauses 9.6 to
9.8 of clause 9, Additional Hours of this award. In such circumstances, a meal
allowance will be paid in accordance with Item 19 of Table 1 - Allowances of
Part B Monetary rates of the Crown Employees (Public Service Conditions of
Employment) Award 2009 as follows:
11.3.1 The rate
equivalent to the Dinner rate when working a double shift;
11.3.2 The rate equivalent
to the Breakfast rate when called in one hour prior to the rostered shift start
time and this work commences prior to 6.00am;
11.3.3 The rate
equivalent to the Dinner rate when work continues a minimum of 1½ hours beyond
the rostered finish time and continues beyond 6.00 pm.
11.3.4 Actual expenses
for meals when travelling on official business may be claimed in accordance
with the provisions of clause 26 and 29 of the Crown Employees (Public Service
Conditions of Employment) Award 2009.
11.4 Salary Packaging,
including Salary Sacrifice: An employee may elect, subject to the agreement of
the Department, to enter into a Salary Packaging Arrangement in accordance with
the provisions of clause 5 of the Crown Employees (Public Sector - Salaries
2008) Award, published 15 May 2009 (367 I.G. 1580) or any variation or
replacement award.
12. Recreation Leave
12.1 Officers under
this Award engaged as 5 day workers, Monday to Friday, shall be entitled to
recreation leave in accordance with the provisions of the Regulation and the
Crown Employees (Public Service Conditions of Employment) Award 2009, that is,
four weeks paid leave for each completed year of service.
12.2 Officers under
this Award engaged as 5 of 7 or 7 day workers and who are regularly required to
perform rostered duty on Sundays and Public Holidays shall receive, in addition
to four weeks recreation leave in subclause 12.1 of this clause, an additional
two weeks recreation leave.
12.3 Limits on
accumulation and direction to take recreation leave shall be in accordance with
subclause 77.2 of the Crown Employees (Public Service Conditions of Employment)
Award 2009.
12.4 At least two
consecutive weeks of recreation leave shall be taken every 12 months, as specified
by subclause 77.2 of the Crown Employees (Public Service Conditions of
Employment) Award 2009, except by written agreement with the Commissioner in
special circumstances.
12.5 Permanent
part-time officers shall be entitled to pro rata recreation leave calculated in
accordance with the proportion of full time officers' hours they work.
13. Annual Leave
Loading
13.1 Annual Leave
loading payable to officers under this Award shall be paid in accordance with
the provisions of the Crown Employees (Public Service Conditions of Employment)
Award 2009 or its replacement.
14. Leave
Entitlements
14.1 All leave (sick,
recreation etc.) except for extended leave shall be granted and administered in
accordance with Part 6 of the Regulation and the Crown Employees (Public
Service Conditions of Employment) Award 2009 or its replacement.
14.2 Extended leave
entitlements shall be granted and administered in accordance with Section 55
and Schedule 3 of the Act and the Personnel Handbook.
14.3 All leave will be
debited in actual time, replacing the system of debiting multiplies of 1/4
days.
15. Higher Duties
15.1 Subject to this
clause, an officer who is required to perform duties in a higher position
covered by this Award from time to time (provided the officer performs the
whole of the duties and assumes the whole of the responsibilities of the higher
position) shall be paid an allowance at the difference between the officer’s
present salary and the salary prescribed for the higher position covered by
this Award.
15.2 This higher
duties allowance shall be paid on a daily basis.
15.3 A Senior
Assistant Superintendent or Assistant Superintendent who is required to perform
duties and exercise delegations of a higher position under the Crown Employees
(General Managers, Superintendents, Managers Security and Deputy
Superintendents, Department of Corrective Services) Award 2009 shall be paid a
higher duties allowance to the higher position on a daily basis when such work
is performed.
16. Performance
Agreement
16.1 All officers
shall enter into a performance agreement with the Department.
16.2 Performance
agreements will be reviewed every 6 months by the General Manager. Officers who
have not met the targets in a performance agreement shall be counselled by the
General Manager with the aim of developing a detailed developmental program to
enable the officer to satisfactorily participate in planning of workplace
performance and self-development. An appeal may be made to the Assistant
Commissioner should an officer disagree with a review.
16.3 The parties
recognise that the Commissioner, as part of a developmental program, may
transfer an officer. The purpose of such a transfer is to assist an officer in his
or her work performance and self-development and shall be arranged in
consultation with the officer.
17. Permanent
Part-Time
17.1 The Department is
committed to providing permanent part-time work opportunities where
practicable. Such arrangements should provide flexibility for effective use of
resources and be of benefit to staff.
17.2 Part-time work
arrangements shall be acceptable to both the Department and the officer and
shall be in accordance with the provisions of the Industrial Relations Act
1996 and the Flexible Work Practices Policy and Guidelines issues by the Public
Employment Office in October 1995.
18. Professional
Conduct
18.1 Corporate Plan:
Officers shall be committed to personal conduct and service delivery in
accordance with the principles, mission and corporate objectives expressed in
the departmental Corporate Plan.
18.2 Conduct of
duties: Officers shall perform their duties diligently, impartially and
conscientiously to the best of their ability by complying with the departmental
Guide to Conduct and Ethics in the performance of their duties. All officers
shall be professional in their conduct with the public, other staff and
inmates.
18.3 Dress Policy:
Officers shall comply with the requirements of the departmental Dress Policy,
shall ensure their dress and grooming is of the highest standard and shall wear
and display departmental name tags. Officers are responsible for ensuring that
all staff under their supervision comply with the departmental Dress Policy.
18.4 Case Management:
Officers shall have a thorough knowledge of and practice of the management of
Case Management Principles, as defined by departmental policy and procedures,
and shall diligently perform the duties required to implement them. All
officers shall participate in the oversight and implementation of Case
Management.
19. Equality of
Employment and Elimination of Discrimination
19.1 The parties are
committed to providing a work environment which promotes the achievement of
equality and elimination of discrimination in employment.
20. Harassment Free
Workplace
20.1 The Department is
committed to ensuring that officers work in an environment free of harassment.
Harassment is any repeated uninvited or unwelcome behaviour directed at another
person. Harassing behaviour is unacceptable and disruptive to the well-being of
individuals and workplace productivity.
20.2 Harassment is any
repeated uninvited or unwelcome behaviour directed at another person. The effect of harassment is to offend, annoy
or intimidate another person and to make the workplace uncomfortable and
unpleasant.
20.3 Harassment on any
grounds including, but not limited to, sex, race, marital status, physical
impairment, sexual preference, HIV/AIDS or age shall not be condoned by the Department
or the Association.
20.4 Officers at all
levels shall prevent all forms of harassment by setting personal examples, by
ensuring proper standards of conduct are maintained in the workplace and by
taking immediate and appropriate measures to stop any form of harassment of
which they may be aware.
20.5 All officers are
required to refrain from perpetuating, or being party to, any form of
harassment.
20.6 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the relevant legislation.
21.
Anti-Discrimination
21.1 It is the
intention of the parties bound by this Award to seek to achieve the objective
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.
21.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the parties have an obligation 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.
21.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimize an officer because the officer has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
21.4 Nothing in this
clause is to be taken to affect:
21.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation;
21.4.2 Offering or
providing junior rates of pay to persons under 21 years of age;
21.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
21.4.4 A party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
21.5 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.
22. Occupational
Health and Safety
22.1 At all times
officers shall comply with the Occupational Health and Safety Act 2000
and Regulations.
22.2 The parties are
committed to maintaining an accident-free and healthy workplace through:
22.2.1 Implementation of
appropriate health and safety procedures;
22.2.2 Appropriate
management and risk assessment practices;
22.2.3 The active and
constructive involvement of all officers in promoting improvements to
occupational health, safety and officer welfare;
22.2.4 Management and
officer participation on Safety Committees.
22.3 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the Occupational Health and Safety Act 2000 and Regulations.
23. Flexible Working
and Operational Arrangements
23.1 The parties to
this Award are committed to introducing greater flexibility in working
arrangements, wherever practicable. This includes part-time work, job sharing,
part-time leave without pay, career break scheme, part year employment and
variable leave employment as contained in the Flexible Work Practices Policy
and Guidelines issues by the Public Employment Office in October 1995.
23.2 Community
Consultative Committee: A Community Consultative Committee shall be established
at each correctional centre. This committee shall meet on a regular basis and
shall comprise representatives from all appropriate groups.
23.3 Local Management
Board: A Local Management Board shall be established at each correctional
centre covered by this Award to provide advice regarding the operation and
routines of each correctional centre. Elected representatives of the Vocational
Branches of the Association, including the Commissioned Officers Vocational
Branch where represented, and representatives from Community Offender Services
shall be allocated positions on Local Management Boards.
23.4 Directed duties:
The parties recognise that the nature of the correctional environment may
present emergent situations or that unforeseen circumstances may alter the
usual operation of a correctional centre on a short-term basis. In these
circumstances, an officer may be directed to carry out such duties as are
reasonably within the limits of the officer's skill, competence and training.
23.5 Any direction
made pursuant to this clause shall be consistent with the Centre's security
requirements, as assessed by the General Manager or most senior officer
available at that time, and the Department's obligation to provide a safe and
healthy work environment.
24. Deduction of
Association Membership Fees
24.1 The Association
shall provide the Department with a schedule setting out the Association’s
fortnightly membership fees payable by members of the Association in accordance
with the Association rules.
24.2 The Association
shall advise the Department of any change to the amount of fortnightly
membership fees made under its rules. Any variation to the schedule of the
Association fortnightly membership fees payable shall be provided to the
Department at least 28 days in advance of the variation taking effect.
24.3 Subject to
subclauses 24.1 and 24.2 of this clause, the Department shall deduct the
Association’s fortnightly membership fees from the salary of any officer who is
an Association member in accordance with the Association’s rules, provided the
officer has authorised the Department to make such deduction.
24.4 Monies so
deducted from the officer’s salary shall be forwarded regularly to the
Association together with all necessary information to enable the Association
to reconcile and credit subscriptions to officer’s membership accounts.
24.5 Unless other
arrangements are agreed to by the Department and the Association, all
Association membership fees shall be deducted by the Department on a
fortnightly basis.
25. Grievance and
Dispute Resolution Procedures
25.1 The aim of this
procedure is to ensure that industrial and officer grievances or disputes are
prevented, or resolved as quickly as possible, at the lowest level in the
workplace.
25.2 Grievances shall
be handled in accordance with the departmental Grievance Management Policy and
Guidelines. A grievance may be defined
as:
A statement or approach by an officer to a supervisor
on a work related problem, concern or complaint which may relate to:
(a) harassment
and/or discrimination on the basis of sex, race, marital status, disability,
sexual preference or age; or
(b) interpersonal
conflict at work, including supervisor, officer and co-worker conflicts; or
(c) unfair
allocation of development opportunities; or
(d) lack of
communication of work-related information; or
(e) a difficulty
concerning the interpretation or application of a departmental policy or
procedure.
25.3 Where a matter does
not fall within the definition of a grievance it shall be regarded as a
dispute. A dispute may be defined as:
An issue in relation to any matter contemplated by this
Award and related to its application, operation or interpretation.
25.4 The parties to
this Award are committed to following the steps set out below and shall
continue to work normally as these procedures are being followed. No party shall be prejudiced as to final
settlement by the continuance of work in accordance with these procedures.
25.5 A dispute shall
be dealt with in accordance with the following procedures:
Step 1: The dispute is discussed between the officer(s)
and the relevant supervisor. If the dispute remains unresolved, follow Step 2.
Step 2: The dispute is discussed between the
officer(s), the Association’s delegate or officer's nominated representative
and the officer’s supervisor. If the
dispute remains unresolved, follow Step 3.
Step 3: The dispute is discussed between the
officer(s), the Association’s delegate or officer's nominated representative,
the supervisor and the General Manager. If the dispute remains unresolved,
follow Step 4.
Step 4: The dispute is discussed between the Assistant
Commissioner and representatives from the Industrial Relations Unit, and the
Association delegate and/or an Association official or officer's nominated
representative. If the dispute remains unresolved, follow Step 5.
Step 5:: The dispute is discussed between senior
representatives of the Department and the relevant Association officials and/or
officer's nominated representative.
The parties agree to exhaust the conciliation process
before considering Step 6. The parties agree not to deliberately frustrate or
delay these procedures.
Step 6: The dispute may be referred by either party to
the Industrial Relations Commission to exercise its functions under the Industrial
Relations Act, 1996, provided the dispute is not a claim for general
increases in salary or conditions of employment contained in this Award.
25.6 Each of the steps
will be followed within a reasonable time frame having regard for the nature of
the dispute.
26. No Further Claims
26.1 It is a condition
of this Award that the Association undertakes for the duration of the life of this
Award not to pursue any extra claims, award or over award, with respect to the
officers covered by this Award.
27. Savings of Rights
27.1. Should there be a
variation to the Crown Employees (Public Sector Salaries - 2008) Award, or to
an award replacing it, during the term of this award, by way of a general
salary increase, this Award shall be varied to give effect to any such
increase.
28. Transitional
Arrangements
28.1 As at the
operative date of the former Crown Employees (Senior Assistant Superintendents
and Assistant Superintendents, Department of Corrective Services) Award 2005,
published 10 March 2006 (357 I.G. 1068), officers substantively appointed to
positions which were previously covered by the Crown Employees (Commissioned
Officers, Department of Corrective Services) Interim Award 2003 published 5
September 2003 (341 I.G. 386) received the annualised salary package as set out
in clause 11, Annualised Salary Package and Allowances of this Award and the
conditions of employment as set out in this Award on commencing duties in a
position covered by this Award on or after 9 January 2006.
29. Area, Incidence
and Duration
29.1 This Award shall
apply to all officers as defined in clause 3, Definitions of this Award.
29.2 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Senior Assistant
Superintendents and Assistant Superintendents, Department of Corrective
Services) Award 2005, published 10 March 2006 (357 I.G. 1068) and all
variations thereof.
29.3 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 9 July 2009.
29.4 The award remains
in force until varied or rescinded, the period for which it was made having
already expired.
Part B
Schedule 1 -
Annualised Salary Package
1.1 Remuneration:
Commissioned Correctional Officers
|
Title
|
Annualised Salary
|
Annualised Salary
|
Annualised Salary
|
|
|
from the first full
|
from the first full
|
from the first full
|
|
|
pay period on or
|
pay period on or
|
pay period on or
|
|
|
after1 July 2008
|
after 1 July2009
|
after1 July 2010
|
|
|
$
|
$
|
$
|
|
Senior Assistant Superintendent
|
|
|
|
|
7 day or any 5/7 days
|
96,204
|
100,052
|
104,054
|
|
Assistant Superintendent
|
|
|
|
|
7 day or any 5/7 days
|
90,050
|
93,652
|
97,398
|
|
Senior Assistant Superintendent 5 day
|
90,940
|
94,578
|
98,361
|
|
Assistant Superintendent 5 day
|
84,787
|
88,178
|
91,705
|
1.2 Remuneration:
Commissioned Industries Officers
|
|
Annualised Salary
|
Annualised Salary
|
Annualised Salary
|
|
|
first full pay
period
|
first full pay
period
|
first full pay
period
|
|
Title
|
on or after
|
on or after
|
on or after
|
|
|
1 July 2008
|
1 July 2009
|
1 July 2010
|
|
|
$
|
$
|
$
|
|
Regional Business
|
Yr 1
|
102,165
|
Yr 1
|
106,252
|
Yr 1
|
110,502
|
|
Manager
|
Yr 2
|
104,791
|
Yr 2
|
108,983
|
Yr 2
|
113,342
|
|
5 day
|
Yr 3
|
109,290
|
Yr 3
|
113,662
|
Yr 3
|
118,208
|
|
|
|
Yr 4
|
113,329
|
Yr 4
|
117,862
|
Yr 4
|
122,576
|
|
|
Operations Manager
|
108,721
|
113,070
|
117,593
|
|
Manager of Industries
|
|
|
|
|
|
Level 1 - 5 day
|
100,320
|
104,333
|
108,506
|
|
|
Manager of Industries
|
|
|
|
|
|
Level 2 - Any 5 of 7 days
|
100,741
|
104,771
|
108,962
|
|
|
Manager Centre Services
|
|
|
|
|
|
& Employment Manager
|
|
|
|
|
|
of Industries level 2
5 day
|
95,476
|
99,295
|
103,267
|
|
|
Manager Business Unit
|
|
|
|
|
|
any 5/7days
|
96,204
|
100,052
|
104,054
|
|
|
Manager Business
|
|
|
|
|
|
Unit 5 day
|
90,940
|
94,578
|
98,361
|
|
|
|
|
|
|
|
|
|
|
1.3 The salaries in
clause 1.1 and 1.2 above are annualised.
All incidents of employment except as otherwise expressly contained in
this Award are included within the annualised salary.
Schedule 2 - Other
Allowances
|
2.1
|
Hosiery
|
$240.00 per annum
|
subclause 11.2
|
E.
A. R. BISHOP, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.