Crown Employees (Police Officers - 2008) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1306 of 2009)

 

 

VARIATION

 

1.        Delete the words " or returning from suspension" from subclause (xii) of clause 56, Competency Based Incremental Progression, and from subclause (ix) of clause 65, Competency Based Incremental Progression, and delete the comma before "Workers" of the award published 29 August 2008 (366 I.G. 502) and insert in lieu thereof the following:

 

"and"

 

2.        Insert after subclause (xii) of clause 56, the following new subclause (xiii) and renumber existing subclauses accordingly:

 

(xiii)    Effect of suspension

 

(a)      When suspended with pay, a Non-Commissioned Officer will be paid at the rate of pay for the officer's, level as at the commencement of the suspension.

 

(b)      A suspended Non Commissioned Officer is not entitled to incremental progression.

 

(c)      Where a non Commissioned Officer who was suspended without pay ceases to be suspended and continues as a Police Officer, the officer will be paid for the period of suspension at the officer's rate of pay for the officer's level as at the commencement of the suspension, less any hardship payments that have been paid to the officer.

 

(d)      Where a non Commissioned Officer ceases to be suspended and continues as a Police Officer, the officer has six months in which to comply with the requirements of this clause 56 to achieve increment progression for which the officer would have been eligible if not suspended.  Where the requirements are met, the officer will be paid increment entitlements effective from the officer's incremental date, or, dates and the officer will be eligible for the next increment on the officer's next increment date.

 

(e)      Where an officer does not achieve incremental progression in accordance with subclause (xiii) (d), the officer will remain at the officer will remain at the officer's then level until they achieve the requirements for incremental progression.  On achieving the requirements for incremental progression the officer will move to the next level and the date of that change will become the officer's new incremental date for all future progression.  An officer progressing in accordance with this subclause will not be entitled to any incremental back pay.

 

(f)       An officer will be given appropriate training in order to achieve increment progression.  Any subsequent failure to meet incremental progression requirements will require the officer to undergo appropriate remedial training.

 

3.        Insert after subclause (ix) of clause 65, the following new subclause (x) and renumber existing subclauses accordingly:

 

(x)      Effect of suspension

 

(a)      When suspended with pay, a Commissioned Officer will be paid at the rate of pay for the officer's level as at the commencement of the suspension.

 

(b)      A suspended Commissioned Officer is not entitled to incremental progression

 

(c)      Where a Commissioned Officer who was suspended without pay ceases to be suspended and continues as a Police Officer, the officer will be paid for the period of suspension at the officer's rate of pay for the officer's level as at the commencement of the suspension, less any hardship payments that have been paid to the officer.

 

(d)      Where a Commissioned Officer ceases to be suspended and continues as a Police Officer, the officer has six months in which to comply with the requirements of this clause 65 to achieve increment progression for which the officer would have been eligible if not suspended.  Where the requirements are met, the officer will be paid increment entitlements effective from the officer's incremental date, or, dates and the officer will be eligible for the next increment on the officer's next increment date.

 

(e)      Where an officer does not achieve incremental progression in accordance with subclause (x) (d), the officer will remain at the officer's then level until they achieve the requirements for incremental progression.  On achieving the requirements for incremental progression the officer will move to the next level and the date of that change will become the officer's new incremental date for all future progression.  An officer progressing in accordance with this subclause will not be entitled to any incremental back pay.

 

(f)       An officer will be given appropriate training in order to achieve increment progression.  Any subsequent failure to meet incremental progression requirements will require the officer to undergo appropriate remedial training.

 

4.        This variation shall take effect on and from 9 September 2009.

 

 

 

 

F. MARKS J

 

 

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