Crown Employees (NSW Police Force Communications
Officers) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 688 of 2015)
Before Commissioner Stanton
|
1 February 2016
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject
Matter
1. Arrangement
2. No Extra
Claims
3. Definitions
4. Salaries
and Incremental Scales
5. Appointments
6. Transitional
Arrangements
7. Future Adjustments
8. Hours
9. Shift
Rosters
10. Flexible
Rosters
11. Car
Parking - Sydney Police Centre Only
12. Provision
of Taxis
13. Part-time
Employment
14. Special
Operations
15. Recreation
Leave
16. Notice of
Absence
17. Training
and Development
18. Introduction
of New Technology
19. Introduction
of Change
20. Disputes/Grievance
Settlement Procedure
21. Communications
Officers Consultative Committee
22. Deduction
of Union Membership Fees
23. Anti-Discrimination
24. Secure
Employment
25. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
2. No Extra Claims
2.1 Other than as
provided for in the Industrial Relations
Act 1996 and the Industrial Relations
(Public Sector Conditions of Employment) Regulation 2014, there shall be no
further claims/demands or proceedings instituted before the NSW Industrial
Relations Commission for extra or reduced wages, salaries, rates of pay,
allowances or conditions of employment with respect to the Employees covered by
the Award that take effect prior to 30 June 2016 by a party to this Award.
2.2 The terms of
the preceding paragraph do not prevent the parties from taking any proceedings
with respect to the interpretation, application or enforcement of existing
award provisions.
3. Definitions
3.1 "Officer"
unless otherwise specified, means and includes all persons employed by the NSW
Police Force who, as of 1 January 1999, were occupying a position of
Communications Officer, Senior Communications Officer, Shift Co-ordinator and
Radio and Communications Operator (as defined) or who, after that date, were
appointed to such a position.
3.2 "Commissioner"
means the Commissioner of Police in New South Wales or any person acting in
such position from time to time.
3.3 "NSW
Police Force" or "the Force" means the NSW Police Force
established by the Police Act 1990.
3.4 "Communications
Officer" means all officers employed at dedicated communications centres
including those located at Sydney, Newcastle, Oak Flats, Tamworth and Penrith,
who provide telephone, radio and other communications services.
3.5 "Senior
Communications Officer" means any Communications Officer in receipt of (at
least) the fourth year increment of Communications Officer and who has been
selected and appointed to a vacant position of Senior Communications Officer in
accordance with the provisions of subclause 5.6 of clause 5, Appointments, of
this award.
3.6 "Shift
Co-ordinator" means a person who has been selected and appointed to a
position of Shift Co-ordinator.
3.7 "Trainee"
refers to those persons undergoing appropriate training leading to confirmation
of appointment as a Communications Officer.
3.8 "Radio and
Communications Operator" means those persons who, at 1 January 1999, were
classified as Radio and Communications Operators under the provisions of the Crown Employees (Police Service of New South
Wales Radio and Communications Operators) Award published 14 June 1996 (293
I.G. 233) and who do not meet the competency requirements for progression to
Communications Officer fourth and fifth year.
3.9 "Association"
means the Public Service Association and Professional Officers' Association
Amalgamated Union of New South Wales.
3.10 "Service"
means continuous service. Future
appointees shall be deemed to have the years of service indicated by the rates
of pay at which they are appointed.
4. Salaries and
Incremental Scales
For the life of this award, an officer shall be paid,
according to the position held, skills attained and satisfactory years of
service, an annual salary of not less than the amounts set out in Table 1 -
Salaries, of Part B, Monetary Rates, of this award.
5. Appointments
5.1 Officers and
persons applying for positions as Communications Officers shall be required to
successfully complete a Communications Officer training course. The length and content of the training course
shall be as determined from time to time by the Commissioner or delegate. Alternatively, an officer may be appointed
directly to the position of Communications Officer without having to complete a
Communications Officer training course or may only be required to complete an
abridged training course. In such cases
the Commissioner or delegate shall be satisfied that it is not necessary for an
officer to complete the full Communications Officer’s training course, having
regard to the officer’s prior experience, knowledge and skills.
5.2 Officers and
persons appointed as Trainee Communications Officers shall be paid the Trainee’s
salary rate, as set out in Table 1 - Salaries, of Part B, Monetary Rates, until
such time as they successfully complete the required Communications Officer
training course. The maximum period
allowed for the completion of the training course shall be three months unless
the Commissioner or delegate is satisfied that, due to unforeseen
circumstances, an extension of the training period beyond three months is
justified. Provided that officers
formerly classified as:
(a) members within the terms of the Police Act 1990; and/or
(b) officers within the terms of the Government Sector Employment Act 2013; and/or
(c) persons with appropriate communications experience, shall
receive the salary recommended by any selection committee and agreed to by the
Commissioner or his/her delegate until such time as they successfully complete
the required Communications Officer’s training course for the period and under
the conditions described earlier in this subclause. Provided further that where officers referred
to in paragraphs (a), (b) and (c) of this subclause were formerly in receipt of
a salary which is less than the Trainee’s salary rate, then those officers
shall receive the Trainee’s salary rate for the period and under the conditions
described earlier in this subclause.
5.3 Officers and
persons selected for a position of Communications Officer and who complete the
required Communications Officer course, and thus are eligible for actual
appointment to such a position, will upon such appointment progress to the
first year of the Communications Officer salary
scale. Provided that officers and
persons covered under paragraphs (a), (b) and (c) of subclause 5.2 shall be
permitted to incrementally progress to the next increment under the
Communications Officer salary scale at the completion
of 12 months service, provided they satisfy any such other criteria for such
progression.
5.4 For the purpose
of incremental progression the increment date for officers in receipt of the
Trainee rate of pay will be the date of progression from the position of
Trainee to a position as a Communications Officer.
5.5 Incremental
progression through each classification covered by this award shall be subject
to the completion of 12 months service on the previous increment and the
Commissioner or delegate being satisfied as to the conduct and service of the
officer. Provided that further incremental progression from Communications
Officer third year to Communications Officer fourth year shall be subject to
the officer:
(a) participating in the competency based training of newly
appointed Trainees and Communications Officers; and
(b) participating in any training required for personal
professional development and for the training of newly appointed Trainees and
Communications Officers; and
(c) being prepared to relieve in Senior Communications Officer
positions as required; and
(d) having completed a minimum of two years service as a
Communications Officer; and
(e) satisfying the Commissioner or his/her delegate that the
value of the work performed, the results achieved and the manner in which the
duties are performed warrant such progression.
5.6 Appointment of
persons to a position of Senior Communications Officer shall be subject to the
occurrence of a vacancy and selection under the principles of merit based
promotion. Persons eligible for
appointment as a Senior Communications Officer shall be limited to:
(a) Communications
Officers who have at least attained the fourth year increment and have
completed the Senior Communications Officer training course; or
(b) Officers
employed under the Police Act 1990 or
the Government Sector Employment Act 2013
who, in the opinion of the Commissioner or his/her delegate, possess skills and
qualifications equivalent to those in paragraph (a) of this subclause.
5.7 Promotion to
Shift Co-ordinator shall be by way of merit selection on the occurrence of a
vacancy.
6. Transitional
Arrangements
The following transitional arrangements shall apply to officers
employed as Radio and Communications Operators under the provisions of the former Crown Employees (Police Service of
New South Wales Radio and Communications Operators) Award as at 1 January
1999.
6.1 Officers
classified as Radio and Communications Operators first to third year shall be
reclassified as Communications Officers.
6.2 The officers
referred to in subclause 6.1 of this clause shall retain the same increment
level and date in the new salary/classification scale.
6.3 Officers
classified as Radio and Communications Operators fourth and fifth year shall be
reclassified as Communications Officers provided they meet the competency
requirements for progression to Communications Officer fourth and fifth year as
prescribed by subclause 5.5 of clause 5, Appointments.
6.4 The officers
referred to in subclause 6.3 shall retain the same increment date and level in
the new salary/classification scale.
6.5 Officers
classified as Radio and Communications Operators who do not meet the
competencies required for progression to Communications Officer fourth and
fifth year shall be entitled to receive the salaries, and progress
incrementally, in accordance with the salaries prescribed for Radio and
Communications Operator in Table 1 - Salaries, of Part B, Monetary Rates, of
this award.
6.6 Where officers
referred to in subclause 6.5 of this clause subsequently attain the
competencies required for progression to Communications Officer fourth and
fifth year, they shall be reclassified in accordance with the provisions of
subclauses 6.3 and 6.4. For the purpose
of this subclause the date of reclassification shall be the date of attainment
of the requisite competencies, as certified by the Commissioner or his/her
delegate.
7. Future Adjustments
7.1 The parties
recognise that the salaries prescribed in Table 1 - Salaries, of Part B,
Monetary Rates, establish a salary structure for Communications Officers.
7.2 The salary
rates in Table 1 - Salaries are set in accordance with the Crown Employees (Public Sector - Salaries 2015) Award and any
replacement award.
8. Hours
Hours of work shall be an average of 35 per week.
9. Shift Rosters
Except as provided in clause 10, Flexible Rosters, shifts
shall generally be of eight hours duration (seven hours duty plus one hour meal
break). Where agreement is reached
between the relevant Commander and officers at a particular location the meal
break may be reduced from one hour to a minimum of 30 minutes. Subject to proper consultation, the starting
and finishing times of shifts and the method of shift rostering may be varied.
10. Flexible Rosters
10.1 Notwithstanding
clause 9, Shift Rosters, the parties agree that where 65 per cent of officers at
a particular location and the relevant Centre Manager agree, flexible rosters
may be introduced. This may involve
changes to the current shift lengths, the starting and finishing times of
shifts and/or the current rosters.
10.2 The conditions
of flexible rostering shall be as agreed between the parties, but shall, to the
greatest extent possible, reflect the terms and conditions of the flexible
rostering provisions as applied to non-commissioned police officers.
10.3 Provided that
shifts shall not be less than five hours duty or greater than 12 hours duty
plus a meal break.
10.4 Provided further
that there shall be a minimum of eight hours free of duty between rostered
shifts. This requirement shall not apply
on shift changeover days. However, on such
days the maximum break possible will be granted.
11. Car Parking -
Sydney Police Centre Only
Every effort will be made to provide car parking
facilities for officers commencing a rostered shift at or after 6.00 p.m. and
before 11.00 p.m. and for employees finishing a rostered shift after 11.00 p.m.
and before 6.00 a.m.
12. Provision of Taxis
12.1 Cabcharge
dockets will be available to officers on the same basis as outlined in clause
100, Provision of Transport in Conjunction with Working of Overtime, of the Crown Employees (NSW Police Force
Administrative Officers and Temporary Employees )
Award 2009.
12.2 Additionally,
and to facilitate the progressive build-up and/or reduction of staffing levels
to meet workload variations, officers whose rostered shifts commence after
11.00 p.m. and before 7.00 a.m. or whose rostered shifts finish after 11.00
p.m. and before 7.00 a.m. may, where circumstances are such as to warrant such
provisions, be provided with a cabcharge docket for the journey to or from work
and their usual residence.
12.3 Subject to their
direction of travel, two or more officers may be required to share a taxicab
when travelling to and/or from work.
12.4 The provision of
taxi transport is only to apply to shift workers who normally use public
transport for travel to and from work.
Accordingly, at some locations where public transport is not normally
available, there will not be any scope for taxi transport to be provided and
officers will be fully responsible for transporting themselves to and from
work.
12.5 The parties
recognise that the purpose of the provision of taxi transport is to ensure the
safety of officers where public transport which is normally available for use is
either not available or is not reasonably available and to facilitate the
working of unusual shifts.
13. Part-Time
Employment
13.1 The parties
agree that permanent part-time work may be implemented under the guidelines
issued by the Secretary, Department of Premier and Cabinet.
13.2 The parties
further agree that part-time Communications Officers may be engaged on the
proviso that any officers so engaged are fully trained and accredited.
13.3 The employment
of existing full-time Communications Officers will not be prejudiced by the
employment of any part-time Communications Officer.
14. Special Operations
Communications Officers may be utilised on special
operations, mobile field radios, etc., as circumstances require.
15. Recreation Leave
As a general principle, recreation leave including
additional leave will be applied for in advance. Officers may apply in advance for leave of a
lesser period than a week. Such applications
may be approved at the discretion of the officer in charge.
16. Notice of Absence
16.1 The parties
recognise the inevitability of an officer’s occasional inability to attend for
duty at short notice. The parties recognise further that any such occurrence
will be beyond the control of the officer concerned.
16.2 In the interest
of efficiency and in recognition of the integrity of officers, as much notice
as possible will be given by officers of any inability to attend for duty,
consistent with clause 20, Notification of Absence from Duty, of the Crown
Employees (NSW Police Force Administrative Officers and Temporary Employees)
Award 2009.
17. Training and
Development
17.1 The NSW Police
Force will provide comprehensive training programs for Communications Officers
and for those occupying promotional positions.
17.2 All officers
will be actively encouraged to participate in other staff development courses
to enhance their own development and individual competencies.
18. Introduction of
New Technology
The parties agree to co-operate fully in the
implementation and/or trialling of new technology which may become available to
facilitate the work of Communications Officers.
19. Introduction of
Change
The parties agree to co-operate fully through the
Communications Officers’ Consultative Committee in the implementation and/or
trialling of change in respect of the employment or organisation of
Communications Officers with the objective of ensuring the most efficient,
effective and productive use of resources.
20. Disputes/Grievance
Settlement Procedure
20.1 The resolution
of or settlement of disputes and/or individual grievances of officers arising
throughout the life of this award shall be dealt with in the manner prescribed
hereunder:
20.1.1 Where
a dispute/grievance arises at a particular work location, discussions including
the remedy sought shall be held as soon as possible,
and in any event within two working days of such notification, between the
officer(s) concerned and the immediate supervising officer, or other
appropriate officer in the case of a grievance.
20.1.2 Failing
resolution of the issue, further discussions shall take place as soon as possible, and in any event within two working days of such
failure, between the individual officer(s) and at their request the local
Association delegate or workplace representative and the relevant Commander.
20.1.3 If
the dispute/grievance remains unresolved the officer(s) local delegate or
workplace representative or the relevant Commander may refer the matter to the
Commander, Operational Information and Communications Command for discussion
with the Association. Those discussions
should take place as soon as possible and in any event within two working days
of such referral.
20.1.4 If
the dispute is not resolved at that stage the matter is to be referred to the
NSW Police Force, Employee Relations Unit who will assume responsibility for
liaising with senior executive members of the Force and the Association and advise of the final position of the Commissioner of Police,
including reasons for not implementing the remedy sought.
20.1.5 During
the process outlined above, the status quo will be maintained.
Where the grievance or dispute involves confidential or
other sensitive material (including issues of harassment or discrimination
under the Anti Discrimination Act 1977)
that makes it impractical for the officer to advise their immediate supervising
officer the notification may occur to the next appropriate level of management,
including where required, to the Commissioner of Police or delegate.
The matter will only be referred to the Industrial
Relations Commission of New South Wales if -
(a) the final decision of the Commissioner of Police does not
resolve the dispute/grievance; or
(b) the final position of the Commissioner of Police is not given
within five working days from the date of referral of the matter to the
Employee Relations Unit, or other agreed time frame.
20.1.6 At no stage during a dispute that specifically relates to
this award may any stoppage of work occur or any form of ban or limitation be
imposed.
20.1.7 Safety
Issues - Procedure - In cases where a dispute is premised on an issue of
safety, consultation between the Association and the Employee Relations Unit
should be expedited. The status quo
shall remain until such matter is resolved.
20.1.8 General
- The whole concept of a dispute settlement procedure is to resolve disputation
at the level as close as possible to the source of disputation.
20.1.9 This
procedure has been adopted to promote full and open consultation at each step
of the process in an effort to promote and preserve harmonious industrial
relations.
20.1.10 Throughout each stage parties involved should ensure that
the relevant facts are clearly identified and documented and that the
procedures are followed promptly.
21. Communications
Officers Consultative Committee
21.1 It is intended
for the purpose of this award to establish a forum within which matters
concerning the formation of policy and procedures may be addressed.
21.2 The parties
agree that members of the Committee should include representatives from the
Communications Group Command, Country Communications Centre Management, a representative of the Association and up to four delegates
including two country delegates.
21.3 This Committee
shall meet on a needs basis within one week at the request of either party, or
other agreed time frame.
22. Deduction of Union
Membership Fees
22.1 The Association
shall provide the employer with a schedule setting out Association fortnightly
membership fees payable by members of the Association in accordance with the
Association’s rules.
22.2 The Association
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation
to the schedule of Association fortnightly membership fees payable shall be
provided to the employer at least one month in advance of the variation taking
effect.
22.3 Subject to
subclauses 22.1 and 22.2 above, the employer shall deduct Association fortnightly
membership fees from the pay of any employee who is a member of the Association
in accordance with the Association’s rules, provided that the employee has
authorised the employer to make such deductions.
22.4 Monies so
deducted from the employee’s pay shall be forwarded regularly to the
Association together with all necessary information to enable the Association
to reconcile and credit subscriptions to employees’ Association membership
accounts.
22.5 Unless other
arrangements are agreed to by the employer and the Association, all Association
membership fees shall be deducted on a fortnightly basis.
22.6 Where an
employee has already authorised the deduction of Association membership fees
from his or her pay prior to this clause taking effect, nothing in this clause
shall be read as requiring the employee to make a fresh authorisation in order
for such deduction to continue.
23.
Anti-Discrimination
23.1 It is the
intention of the parties bound by this award to seek to achieve the object 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.
23.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations 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.
23.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
23.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under
21 years of age;
(c) any act or practice of a body established to propagate religion
which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful
discrimination in any State or federal jurisdiction.
23.5 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.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
24. Secure Employment
24.1 Work Health and
Safety
24.1.1 For the purposes
of this subclause, the following definitions shall apply:
(a) 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.
(b) 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.
24.1.2 Any employer which
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):
(a) consult with employees of the labour hire business and/or
contract business regarding the
workplace health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
work health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(c) 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
(d) 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.
24.1.3 Nothing in this
subclause 24.1 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
24.2 Disputes
Regarding the Application of this Clause
24.2.1 Where a dispute
arises as to the application or implementation of this clause, the matter shall
be dealt with pursuant to the disputes settlement procedure of this award.
24.2.2 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.
25. Area, Incidence
and Duration
25.1 This award shall
apply to Communications Officers employed by the NSW Police Force. Except where inconsistent with this award the
provisions of the Crown Employees (NSW
Police Administrative Officers and Temporary Employees Conditions of
Employment) Award 2009 will apply.
25.2 Changes made to
this award subsequent to it being published on 31 August 2012 (374 IG 442) have
been incorporated into this award as part of the review.
25.3 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 1 February 2016.
25.4 This award remains
in force until varied or rescinded, the period for which it was made having
already expired.
PART B
MONETARY RATES
Table 1 - Salaries
Effective from the beginning of the
first full pay period to commence on or after 1 July 2015.
Classification
|
Per Annum
|
|
$
|
Communications Officer
|
|
Trainee
|
53,101
|
1st year
|
55,624
|
2nd year
|
58,687
|
3 rd year
|
60,411
|
4th year
|
63,801
|
5th year
|
65,608
|
|
|
Senior Communication Officer
|
|
1st year
|
69,696
|
2nd year
|
71,839
|
|
|
Shift Co-ordinators
|
|
1st year
|
77,448
|
2nd year
|
79,891
|
3rd year
|
83,022
|
4th year
|
85,455
|
|
|
Radio and Communications Operators
|
|
4th year
|
62,097
|
5th year
|
63,801
|
J. D. STANTON, Commissioner
____________________
Printed by the authority of the Industrial Registrar.