Crown Employees (NSW Police Force Administrative
Officers and Temporary Employees Conditions of Employment) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Commissioner
of Police.
(No. IRC 2427 of 2008)
|
Before Commissioner
Bishop
|
10 March 2009
|
VARIATION
1. Delete the
title "Crown Employees (NSW Police Administrative Officers and Temporary
Employees Conditions of Employment) Award 2006" of the award published 1 December
2006 (361 I.G. 977) and insert in lieu thereof the following:
Crown Employees (NSW Police Force Administrative
Officers and Temporary Employees Conditions of Employment) Award 2008
2. In clause 1, Arrangement
delete clause 25, Travelling Compensation - General and insert in lieu thereof the following:
25. Travelling
Compensation
3. In clause 1,
delete clause 29, Travelling Allowances when staying in Non Government
Accommodation, and clause 30, Travelling Allowances when Staying in Government
Accommodation and insert in lieu thereof the following:
29. (Deleted)
30. (Deleted)
4. In clause 1,
delete clause 79, Sick Leave - Requirements for Medical Certificate, and insert
in lieu thereof the following:
79. Sick Leave
- Requirements for Evidence of Illness
5. Delete
"NSW Police" and insert "NSW Police Force" wherever
appearing in the award.
6. Delete
"the Service" and insert "NSW Police Force" wherever
appearing in the award.
7. Delete
"the Department Head" and insert "the Commissioner"
wherever appearing in the award.
8. Delete
"PEO" and insert "DPE" wherever appearing in the award.
9. In clause 3
Definitions, delete the following definitions:
Government accommodation
Use of Private Motor Vehicle - Casual Rate
Use of Private Motor Vehicle - Official Business Rate
10. Insert in clause
3, the following new definition:
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.
11. In clause 3,
delete the definition "Ordinary hourly rate of pay" and insert in
lieu thereof the following:
Ordinary hourly rate of pay means the hourly equivalent
of the annual rate of pay of the classification as set out in the Crown
Employees (NSW Police Force Administrative Officers and Temporary Employees -
Salaries 2008) Award.
12. Delete clause
10, Local Arrangement and insert in lieu thereof the following:
10. Local
Arrangements
(i) Local arrangements
may be negotiated between the Commissioner and the Association in respect of
the whole of NSW Police Force or part of NSW Police Force in relation to any
matter contained in the award.
(ii) All local
arrangements negotiated between the Commissioner and the Association must be:
(a) approved in
writing by the Commissioner, and
(b) approved in
writing by the General Secretary of the Association, and
(c) contained in a
formal document, such as a co-lateral agreement, a memorandum of understanding,
an award, an enterprise agreement or other industrial agreement, and
(d) include a clause
allowing either party to terminate the arrangement by giving 12 months’ notice.
(iii) Subject to the
provisions of subclause (ii) 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 23. 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 20. Flexible Working Hours of this award shall apply.
(iv) 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.
(v) 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. Delete the title
clause 25, Travelling Compensation - General and insert in lieu thereof the
following:
25. Travelling
Compensation
14. Insert after
subclause (d) of clause 25, Travelling Compensation the following new
subclauses:
(e) The NSW Police
Force will elect whether to pay the accommodation directly or whether a staff
member should pay the accommodation and be reimbursed in accordance with this
clause. Where practicable, staff
members shall obtain prior approval when making their own arrangements for
overnight accommodation.
(f) Subject to
subclause (n), 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.
(g) If meals are
provided by the Government at the temporary work location, the staff member
shall not be entitled to claim the meal allowance.
(h) For the first 35
days, the payment shall be either:
(1) where the NSW
Police Force elects to pay the accommodation provider the staff member shall
receive the appropriate meal allowance in accordance with Item 1 of Table 1 -
Allowances of Part B Monetary Rates and incidentals as set out in Item 2 of
Table 1 - 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
(2) where the NSW
Police Force elects not to pay the accommodation provider the staff member
shall receive the appropriate rate of allowance specified in Item 2 of Table 1
- Allowances of Part B Monetary Rates for every period of 24 hours absence by
the staff member from their residence, and actual meal expenses properly and
reasonably incurred (excluding morning and afternoon teas) for any residual
part day travel; OR
(3) in lieu of (2)
above, the staff member electing to be paid 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 1 - Allowances of Part B Monetary Rates.
(i) 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.
(j) 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.
(k) 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 1 - Allowances of
Part B Monetary Rates.
(l) Long term
arrangements - As an alternative to the provisions after the first 35 days set
out in subclause (k) 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.
(m) 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.
(n) 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.
15. Delete subclause
(a) in clause 26 Excess Travelling Time, and insert in lieu thereof the
following:
(a) 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:
(1) Payment
calculated in accordance with the provisions contained in this clause; or
(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.
16. Renumber
paragraphs (8) and (9) of subclause (c) of clause 26, to read as paragraphs (9)
and (10).
17. Insert a new
paragraph (8) in subclause (c) of clause 26.
(8) Time within the
flex time bandwidth
18. Delete clause
29, Travelling Allowances When Staying in Non-Government Accommodation and
insert in lieu thereof the following:
29. (Deleted)
19. Delete clause 30
Travelling Allowances when staying in Government Accommodation and insert in
lieu thereof the following:
30. (Deleted)
20. In subclauses
(a) and (b) of clause 31, Restrictions on Payment of Travelling Allowances,
delete the references to "clause 29, Travelling Allowances when Staying in
Non Government Accommodation or clause 30, Travelling Allowances when Staying
in Government Accommodation", and insert in lieu thereof the following:
25. Travelling
Compensation
21. In subclause (c)
of clause 35, Camping Allowance, delete the reference to clauses 29, and 30 and
insert in lieu thereof the following:
25. Travelling
Compensation
22. In subclause (b)
of clause 36, Composite Allowance, delete the reference to "under clauses
29, 30, or 35", and insert in lieu thereof “under clauses 25 or 35”.
23. In subclause (e)
of clause 36, delete the reference to clause 30, Travelling Allowances when
staying in Government Accommodation, and insert in lieu thereof the following:
25. Travelling
Compensation
24. Delete subclause
(b) and subclause (h) of clause 37, Allowance Payable for Use of Private Motor
Vehicle, and renumber existing subclause (c) to read as subclause (b).
25. Insert a new
subclause (c) in clause 37:
(c) 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.
(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.
(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.
26. Delete subclause
(d) of clause 51, First Aid Allowance and insert in lieu thereof the following:
(d) The First Aid
Allowance shall not be paid during extended leave or any other continuous
period of leave which exceeds one week.
27. Delete
paragraphs (1) to (4) in subclause (a) of clause 52, Review of Allowances
Payable in Terms of This Award, and insert in lieu thereof the following:
(1) Clause 25.
Travelling Compensation
(2) Clause 28. Meal
Expenses on One Day journeys
(3) Clause 37.
Allowance Payable for Use of Private Motor Vehicle
(4) Clause 93.
Overtime meal allowances
28. Delete paragraph
(3) of subclause (b) of clause 52, and renumber the existing paragraphs (3) to
(8).
29. Delete subclause
(f) of clause 70, Parental Leave and insert in lieu thereof the following:
(f) A staff member
who commences a subsequent period of maternity or adoption leave within 24
months of commencing an initial period of maternity or adoption leave will be
paid:
(1) at the rate they
were paid before commencing the initial leave if they have not returned to
work; or
(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
(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.
30. Delete subclause
(a) of clause 72, Family and Community Service Leave, and insert in lieu
thereof the following:
(a) 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 in subclause (b). The Commissioner may also grant leave for
the purposes in subclause (c).
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.
31. Delete subclause
(b) of clause 72, and insert in lieu thereof the following:
(b) Such unplanned and
emergency situations may include, but not be limited to, the following:
32. Delete paragraph
(4) of subclause (b) of clause 72, and insert in lieu thereof the following:
(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;
33. Delete
paragraphs (6) and (7) of subclause (b) of clause 72.
34. Delete
subclauses (c) and (d) of clause 72, and insert in lieu thereof the following:
(c) Family and
community service leave may also be granted for:
(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
(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.
(d) The definition
of "family or "relative" in this clause is the same as that
provided in subclause 80(c)(2) of this award.
35. Insert new
subclause (e) in clause 72, and renumber following subclauses as (f) to (i):
(e) Family and
community service leave shall accrue as follows:
(1) 2 ½ days in the
staff member’s first year of service;
(2) 2 ½ days in the
staff member’s second year of service; and
(3) one day per year
thereafter.
36. Insert after
subclause (g) of clause 73, Leave Without Pay the following new subclauses:
(h) A permanent
appointment may be made to the staff member’s position if:
(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
(2) the staff member
is advised of the Commissioner’s proposal to permanently backfill their
position; and
(3) the staff member
is given a reasonable opportunity to end the leave without pay and return to
their position; and
(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.
(i) The position
cannot be filled permanently unless the above criteria are satisfied.
(j) The staff
member does not cease to be employed by the NSW Police Force if their position
is permanently backfilled.
(k) Subclause (h)
above does not apply to full-time unpaid parental leave granted in accordance
with paragraph (h)(i) of clause 70. Parental Leave or to military leave.
37. Delete subclause
(c) of clause 74, Military Service and insert in lieu thereof the following:
(c) 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 (a) of this clause.
38. Insert after
paragraph (4) of subclause (b) of clause 76, Recreation Leave, the following
new paragraph:
(5) A staff member
must take their recreation leave to reduce all balance below 8 weeks, 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.
39. Insert after
subclause (h) of clause 76, the following new subclause:
(i) A staff member
entitled to additional recreation leave under 76(a)(2) Recreation Leave,
86(g)(6), Shiftwork, can elect at any time to cash out the additional
recreation leave.
40. Delete subclause
(d) of clause 78, Sick Leave and renumber existing subclauses (b) and (c) as
subclauses (c) and (d). Renumber
existing subclauses (e) and (f) as subclauses (g) and (h).
41. Insert after
subclause (a) of clause 78, the following new subclause (b).
(b) Payment for sick
leave is subject to the staff member:
(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
(2) Providing
evidence of illness as soon as practicable if required by clause 79.
42. Insert after
subclause (d) of clause 78, the following new subclause (e):
(e) 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.
43. Insert after
subclause (e) of clause 78, the following new subclause (f):
(f) Accrued
Entitlements. Any staff member
appointed from the date of this award variation (1 January 2009) will commence
accruing sick leave in accordance with this clause immediately. Staff members at the time of the award
variation (1 January 2009) will accrue sick leave in accordance with this
clause from 1 January 2009 onwards.
(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.
(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.
(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.
(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.
(5) Notwithstanding
the provisions of paragraph (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.
(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.
(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.
(8) Paid sick leave
shall not be granted during a period of unpaid leave.
44. Delete clause
79, Sick Leave - Requirements for Medical Certificate and insert in lieu thereof
the following:
79. Sick Leave -
Requirements for Evidence of Illness
(a) 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.
(b) In addition to
the requirements under subclause 78(b), a staff member may absent themselves
for a total of 5 working days 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 calendar year
may be required to furnish evidence of illness to the Commissioner for each
occasion absent for the balance of the calendar year.
(c) 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.
(d) 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.
(e) 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 for advice.
(1) The type of
leave granted to the staff member will be determined by the Commissioner based
on HealthQuest’s advice.
(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.
(f) 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.
(g) If a staff
member who is absent on recreation leave or extended leave, furnishes to the Commissioner
a satisfactory medical certificate 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:
(1) In respect of
recreation leave, the period set out in the medical certificate;
(2) In respect of
extended leave, the period set out in the medical certificate if such period is
5 working days or more.
(h) Subclause (g) 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.
(i) The reference
in this clause to evidence of illness shall apply, as appropriate:
(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,
(2) where the
absence exceeds one week, and unless the health provider listed above 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
(3) at the
Commissioner’s discretion, other forms of evidence that satisfy that the staff
member had a genuine illness.
45. Delete
subclauses (a) and (b) of clause 80, Sick Leave to Care for a Family Member,
and insert in lieu thereof the following:
(a) 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.
(b) If required by
the Commissioner to establish the illness of the person concerned, the staff
member must provide evidence consistent with subclause 79(f).
46. Delete paragraph
(6) of subclause (b) of clause 95, Payment for Overtime or Leave in Lieu, and
insert in lieu thereof the following:
(6) Leave in lieu
accrued in respect of overtime worked on a public holiday shall be compensated
for and taken in the same manner as other leave in lieu accrued in respect of
overtime.
47. Delete clause
101, Leave Reserved, and insert in lieu thereof the following:
101. 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 2nd October 2008 arising out
of matter IRC 445 of 2008).
48. Delete subclause
(b) of clause 102, Area, Incidence and Duration and insert in lieu thereof the
following:
(b) This award was
made on 9 October 2006 and will remain in place for a period of three
years. The variations in this award
will apply from 1 January 2009.
49. Delete Item 6 of
Table 1, Allowances of Part B, Monetary Rates and insert in lieu thereof the
following:
|
6
|
|
Use of private motor vehicle
|
Cents per kilometre
|
|
|
37(c)
|
Official business
|
|
|
|
|
Engine capacity-
|
|
|
|
|
2601cc and over
|
70.0
|
|
|
|
1601cc-2600cc
|
69.0
|
|
|
|
1600cc or less
|
58.0
|
|
|
37(c)
|
Casual rate (40% of official business rate)
|
|
|
|
|
Engine capacity-
|
|
|
|
|
2601cc and over
|
28.0
|
|
|
|
1601cc-2600cc
|
27.6
|
|
|
|
1600cc or less
|
23.2
|
|
|
|
Motor cycle allowance (50% of the 1600cc or less
|
|
|
|
|
official business rate)
|
29.0
|
|
|
37(g)
|
Towing trailer or horse float (13% of the
|
|
|
|
|
2601cc and over official business rate)
|
9.1
|
50. This variation
shall take effect from 1 January 2009.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.