Police
Association Salaried Officers (State) Award 2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Police Association
of New South Wales, Industrial Organisation of Employees.
(No. IRC 3633 of 2006)
Before The Honourable
Justice Boland
|
18 December 2006
|
VARIATION
1. Delete the
"CONTENTS" of the award published 12 January 2001 (321 I.G. 506) and insert
in lieu thereof the following new arrangement, and renumber the clauses in the
body of the award accordingly:
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Area, Incidence and Duration
4. Payment
5. Hours
6. Overtime
7. Recall
8. Meal Break
9. Meal Allowance
10. Amenities
11. Provision of Telephones &
Vehicles
12. Exceptions
13. Other Conditions of Employment
14. Staff Superannuation Scheme
15. Sacrifice Pay to Superannuation
16. Sacrifice Pay for Other Benefits
17. Evaluation of a New Position
18. Re-Evaluation of Positions
19. Redundancy
20. Public Holidays
21. Annual Leave
22. Long Service Leave
23. Sick Leave
24. Maternity Leave
25. Parental Leave
26. Adoption Leave
27. Maternity,
Parental and Adoption Leave for Casual Employees
28. Right to
Request further Maternity, Parental or Adoption Leave
29. Communication
During Maternity, Parental or Adoption Leave
30. Family and Community Service Leave
31. Bereavement Leave
32. Sick Leave to Care for a Family
Member
33. Use of Unpaid Leave As Personal
Carer’s Leave
34. Use of Annual Leave as Personal
Carer’s Leave
35. Time off In Lieu of the Payment of
Overtime
36. Make Up Time
37. Anti – Discrimination
38. Part Time
39. Casual Employees
40. Temporary Employees
41. Job Sharing
42. Workers Compensation
43. Entitlement to Higher Duties
Allowance when Relieving in Other Positions
44. Payment of Allowance when
Relieving in Other Positions
45. Grievance Settlement Procedures
46. Existing Privileges
47. No Further Claims
48. Monetary Rates
49. Pay Link
2. Insert after
subclause (a) of Clause 21, Annual
Leave, the following new subclause:
(b) An employee
may elect with the employers agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due.
3. Insert a new
subclause (a) in Clause 24, Maternity Leave and renumber existing subclauses to
read as (b) to (h) respectively:
(a) Refer to the Industrial
Relations Act 1996 (NSW). The following
provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
4. Insert in
subclause (b) of clause 24, Maternity Leave, after the words "An
employee", the following:
"as defined in Section 53 of the Industrial
Relations Act 1996 (NSW),"
5. Insert a new
subclause (a) in Clause 25, Parental Leave, and renumber existing clauses (a)
to (e) to read as (b) to (f) respectively:
(a) Refer to the Industrial
Relations Act 1996 (NSW). The following provisions shall also apply in
addition to those set out in the Industrial Relations Act 1996 (NSW).
6. Insert in
subclause (b) of clause 25, Parental
Leave after the words "An employee", the following:
"as defined in Section 53 of the Industrial
Relations Act 1996 (NSW),"
7. Delete the
words appearing in paragraph (i) of subclause (b) of clause 25, Parental Leave
the following:
"with pay"
8. Insert after
subclause (e) of clause 25, Parental Leave, the following new subclause (f):
(f) An employee
who has applied for parental leave and prior to the expected date of birth or
adoption, completed not less than 40 weeks' continuous service, shall be paid
at the ordinary rate of pay for a period not exceeding 1 week or the period of
parental leave taken, whichever is the lesser period.
9. Renumber
subclause (f) of clause 25, Parental Leave, to read as subclause (g), and
delete the word "Extended" and substitute the following:
"Except as provided in subclause (f) of this
clause, "
10. Insert the
following new subclause (a) in clause 26, Adoption Leave, and renumber existing
subclauses (a) to (g) to read as (b) to (h) respectively:
(a) Refer to the Industrial
Relations Act 1996 (NSW). The following provisions shall also apply in
addition to those set out in the Industrial Relations Act 1996 (NSW).
11. Delete
subclause (b) of clause 26, Adoption Leave and insert in lieu thereof the
following:
(b) An employee,
as defined in Section 53 of the Industrial Relations Act 1996 (NSW),
adopting a child, as defined in clause 55 (4) of the Industrial Relations
Act 1996 (NSW), shall be entitled to be granted adoption leave.
12. Delete
paragraphs (i) and (ii) of subclause (b) of clause 26, Adoption Leave and insert the following:
(i) an unbroken
period of up to 3 weeks at the time of the placement of the child with the
employee (short adoption leave), and
(ii) a further
unbroken period in order to be the primary care-giver of the child (extended
adoption leave).
13. Insert after
clause 26, Adoption Leave, the following
new clauses 27, 28 and 29 as follows:
27. Maternity,
Parental and Adoption Leave for Casual Employees
(a) An employer
must not fail to re-engage a regular casual employee, as defined in Section 53
of the Industrial Relations Act 1996 (NSW), because:
(i) the employee
or employee's spouse is pregnant; or
(ii) the employee
is or has been immediately absent on Maternity, Parental or Adoption leave.
(iii) The rights of
an employer in relation to engagement and re-engagement of casual employees are
not affected, other than in accordance with this clause.
28. Right to Request
Further Maternity, Parental Or Adoption Leave
(a) An employee
entitled to Maternity, Parental or Adoption leave may request the employer to
allow the employee:
(i) to extend the
period of simultaneous unpaid Maternity, Parental or Adoption leave use up to a
maximum of eight weeks;
(ii) to extend the
period of unpaid Maternity, Parental or Adoption leave for a further continuous
period of leave not exceeding 12 months;
(iii) to return
from a period of Maternity or Parental leave on a part-time basis until the
child reaches school age;
(iv) if the child
is not yet of school age, to return from a period of adoption leave on a
part-time basis until the child reaches school age
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental responsibilities,
may only refuse the request on reasonable grounds related to the effect on the
workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer service.
(c) The employee's
request and the employer's decision made under (28)(a)(ii), 28 (a)(iii) or
28(a)(iv) must be recorded in writing.
(d) Where an
employee wishes to make a request under 28(a)(iii) or 28(a)(iv), such a request
must be made as soon as possible but no less than seven weeks prior to the date
upon which the employee is due to return to work from maternity leave.
29. Communication
During Maternity, Parental Or Adoption Leave
(a) Where an
employee is on Maternity, Parental or Adoption leave and a definite decision
has been made to introduce significant change at the workplace, the employer
shall take reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing Maternity, Parental or Adoption leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing Maternity, Parental or Adoption leave.
(iii) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of maternity leave
to be taken, whether the employee intends to return to work and whether the
employee intends to request to return to work on a part-time basis.
(iv) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (i) above.
14. Delete
subclause (a) of clause 30, Family and Community Service Leave and insert in
lieu thereof the following:
(a) The Employer
shall, in the case of emergencies or in personal or domestic circumstances,
grant to an employee, other than a casual employee, some or all of the
available family and community service leave on full pay.
15. Insert after
subclause (e) of clause 31, Bereavement Leave, the following new subclause:
(f) Bereavement
entitlements for casual employees
(i) Subject to
the evidentiary and notice requirements in subclause 31(b) above, casual
employees are entitled to not be available to attend work, or to leave work
upon the death in Australia of a person prescribed in subclause 32 (d) Sick
Leave to Care For a Family Member.
(ii) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance
(iii) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
16. Delete clause
32, Sick Leave to Care for a Family Member, and insert in lieu thereof the
following:
32. Sick Leave to
Care for a Family Member
(a) When family
and community service leave provided for in clause 30 above is exhausted, an
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in subclause (31)(b) who needs the employee’s care and
support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement, provided for at Clause 23 of the
award, for absences to provide care and support for such persons when they are
ill, or who require care due to an unexpected emergency. Such leave may be
taken for part of a single day.
(b) The sick leave
shall initially be taken from the current leave year’s entitlement followed, if
necessary, by the sick leave accumulated over the previous 3 years. In special circumstances, the President may
grant additional sick leave from the sick leave accumulated during the staff
member’s eligible service.
(c) The employee
shall, if required,
(i) Establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(ii) Establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
(iii) In normal
circumstances, an employee must not take carer's leave under this subclause
where another person had taken leave to care for the same person.
(d) the
entitlement to use sick leave in accordance with this clause is subject to:
(i) the employee
being responsible for the care and support of the person concerned; and
(ii) the person
concerned being:
(1) a spouse of the staff member; or
(2) a de facto spouse being a person of the opposite sex to the
staff member who lives with the employee as her husband or his wife on a bona
fide domestic basis although not legally married to that employee; or
(3) 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 and legal guardian), grandparent, grandchild or sibling of the staff
member or a de facto spouse of the employee; or – a same sex partner who lives with employee 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.
(e) 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.
(f) Personal
Carers Entitlement for casual employees
(i) Subject to
the evidentiary and notice requirements in 32(c) casual employees are entitled
to not be available to attend work, or to leave work if they need to care for a
person prescribed in subclause 32(d) who are sick and require care and support,
or who require care due to an unexpected emergency, or the birth of a child.
(ii) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(iii) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
17. Delete the
paragraph appearing in clause 33, Use of Unpaid Leave as Personal Carer’s
Leave, and insert in lieu thereof the following:
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a class of person set out in 32 (d)
above who is ill or who requires care due to an unexpected emergency.
18. Delete
subclause (a) of Clause 34, Use of Annual Leave as Personal Carer’s Leave, and insert in lieu thereof the following:
(a) An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
19. Delete
subclause (g) of clause 24, Maternity
Leave, and insert in lieu thereof the following:
(g) An employee
who, prior to the expected date of birth, completed not less than 40 weeks
continuous service, shall be paid at her ordinary rate of pay for a period not
exceeding 14 weeks or the period of maternity leave taken, whichever is the
lesser period. The employee may elect to take this period at half of her
ordinary rate of pay over a period not exceeding 28 weeks or the period of
maternity leave, whichever is the lesser period.
20. Delete the
number "3" appearing in subclause (f) of clause 26, Adoption Leave,
and substitute the number "14".
21. In Table 1 -
Classifications of clause 48, Monetary
Rates, under the heading "Legal Services" delete the classification
"Advisory Officer" and insert in lieu thereof the following:
Classification
|
Rate of Pay
|
|
|
Advisory Officer
|
A rate not less
than Level 6, Year 1 to Level 8, Year 2
|
22. In Table 1 -
Classifications of clause 48, Monetary Rates, underneath the words
"Advisory Officer" insert the following note:
NOTE: Any Advisory Officer who’s most recent date of
employment with the employer is on or before 30 April 2006, their Rate of Pay
will continue to be as originally agreed, being Level 5 Year 1 to Level 9 Year
2.
23. In Table 1 -
Classifications of clause 48, Monetary Rates, under the heading
"Industrial Services", delete the classification "Industrial
Officer" and insert in lieu thereof the following:
Classification
|
Rate of Pay
|
|
|
Industrial
Officer
|
A rate not less
than Level 6, Year 1 to Level 8, Year 2
|
24. In Table 1 -
Classifications of clause 48, Monetary Rates, underneath the words
"Industrial Officer" insert the following note
NOTE: Any Industrial Officer who’s most recent date of
employment with the employer is on or before 30 April 2006, their Rate of Pay
will continue to be as originally agreed, being Level 5 Year 1 to Level 9 Year
2.
25. In Table 1 - Classifications,
of clause 48, under the heading Field Services, delete the classifications
"OHS Co-ordinator" and "Commissioned Police Officers
Co-ordinator" and insert in lieu thereof the following:
Classification
|
Rate of Pay
|
|
|
Field Officer
|
A
rate not less than Level 7, Year 1 to Level 9, Year 2
|
|
|
Coordinator,
Senior Officers and
|
A rate not less than Level 9,
Year 1 to Level 10, Year 2
|
Workplace Safety
|
|
26. In Table 1 -
Classifications, of clause 48, Monetary
Rates, under the heading "Industrial Services", insert after the
classification "Industrial Officer" the following new classification
"Information Officer":
Classification
|
Rate of Pay
|
|
|
Information Officer
|
A rate not less than Level 2,
Year 1 to Level 3, Year 2
|
27. Delete
subclause (d) of clause 2, Definitions, and insert in lieu thereof the
following:
(d) "Evaluation
Committee" means a committee comprising of persons nominated by the
employer, persons nominated by the union and persons appropriately qualified in
the evaluation method being applied (if available).
28. Delete clause
17, Evaluation of New Positions, and insert in lieu thereof the following:
17. Evaluation of New
Positions
(a) All Positions
held by all employees are indicated in Table 1 Classifications. All employees shall be provided with a
written "Job Description" which will include a title, description and
list of duties and responsibilities together with the minimum and range of
payment applicable to that position and at what level the employee is on at the
time of notification.
(b) If a new
position is created that is not in Table 1 Classifications, the employer agrees
to form an "evaluation committee" for the purposes of developing a
Job Description in consultation with the union. The Job Description will be
evaluated by an agreed, independent consultant to establish the minimum pay
grade for the position and the range in accordance with Table 2 Rates of
Pay. The evaluation committee may also
make any other recommendations it determines.
(c) Nothing in
this clause prevents the employer from seeking an external evaluation at any
time; however, any such evaluation will require consultation in accordance with
subclause (b) above of this clause prior to any implementation.
(d) Any agreed implementation
of an evaluation done in accordance with subclause (b) above of this clause
will have effect immediately upon the written notification by the employer to
the union and any effected employee pending any variation to this award. If
implementation is disputed, Clause 49 - Grievance Settlement Procedures will be
followed and implementation of the evaluation will be deferred pending the
resolution of the dispute.
29. Insert after
subclause (c) of clause 18, Re-Evaluation of Positions, the following new
subclauses:
(d) If it is
proposed to re-evaluate an existing position in Table 1 Classifications, the
employer agrees to form an "evaluation committee" for the purposes of
reviewing a Job Description in consultation with the union. The Job Description
will be re-evaluated by an agreed, independent consultant to establish the
minimum pay grade for the position and the range in accordance with Table 2
Rates of Pay. The evaluation committee
may also make any other recommendations it determines.
(e) Nothing in
this clause prevents the employer from seeking an external re-evaluation at any
time; however, any such re-evaluation will require consultation in accordance
with this clause prior to any implementation.
(f) Any agreed
implementation of a re-evaluation done in accordance with this clause will have
effect immediately upon the written notification by the employer to the union
and any effected employee pending any variation to this award. If
implementation is disputed, Clause 45 - Grievance Settlement Procedures will be
followed and implementation of the evaluation will be deferred pending the
resolution of the dispute.
30. Delete clause
39, Casuals, and insert in lieu thereof the following:
39. Casual Employees
(a) The objective
of this clause is for the employer to take all reasonable steps to provide its
employees with secure employment by maximising the number of permanent
positions in the employer’s workforce, in particular by ensuring that casual
employees have an opportunity to elect to become full-time or part-time
employees.
(b) A casual
employee is an employee who may be engaged intermittently in work of an
irregular, occasional and/or unexpected nature, and who is engaged and paid by
the hour or may be employed on a regular and systematic basis. Full time, part time and temporary employees
are not casual employees.
(c) A casual
employee shall be paid the equivalent of the hourly rate of pay for the
appropriate classification plus a loading of 20 per cent with a minimum payment
of three hours pay for each start. The 20 per cent loading in not included in
the calculation of overtime.
(d) The casual
loading prescribed is in lieu of the entitlements arising under this award of
annual leave, sick leave and any day specified in Clause 20 (Public Holidays).
(e) Casual
Conversion
(i) A casual
employee engaged by the employer on a regular and systematic basis for a
sequence of periods of employment under this Award during a calendar period of
twelve months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) The employer
shall give the casual employee notice in writing of the provisions of this
sub-clause within four weeks of the employee having attained such period of
twelve months. However, the employee retains his or her right of election under
this subclause if the employer fails to comply with this notice requirement.
(iii) Any casual
employee who has a right to elect under paragraph (e)(i), upon receiving notice
under paragraph (e)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
Grievance Settlement Procedures.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to full-time
or part-time employment in accordance with paragraph (e)(iii), the employer and
employee shall, in accordance with this paragraph, and subject to paragraph
(e)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award or pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act
1996 (NSW).
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the grievance settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(f) Occupational
Health and Safety -
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) 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.
(2) 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.
(ii) If the
employer 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):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) 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;
(3) 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
(4) 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.
(iii) Nothing in
this subclause (f) 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.
(g) 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
Grievance Settlement Procedure of this award.
(h) 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.
31. The variations
set out in instructions numbered 1 to 18 shall take effect on and from 19
December 2005.
32. The variations
set out in instructions numbered 19 and 20 shall take effect on and from 1
September 2006.
33. The variations
set out in instructions numbered 21 to 24 shall take effect on and from 1 May
2006.
34. The variations
set out in instructions numbered 25 to 30 shall take effect on and from 18
December 2006.
R.
P. BOLAND J
____________________
Printed by
the authority of the Industrial Registrar.