Crown
Employees (NSW Police Force (Nurses')) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1710 of 2008)
Before Commissioner
Stanton
|
3 February 2009
|
REVIEWED
AWARD
1. Delete the
Award title "CROWN EMPLOYEES (NSW POLICE (NURSES')) AWARD of the award
published 3 March 2006 (357 I.G. 698) and insert in lieu thereof the following:
Crown Employees (NSW Police Force (Nurses')) Award
2. Delete the
words "NSW Police" throughout the award and insert in lieu thereof
the following:
"NSW POLICE FORCE"
3. Delete clause
5, Wages Sacrifice to Superannuation, and insert in lieu thereof the following:
5. Salary Packaging
Arrangements, including Salary Sacrifice to Superannuation
(i) The entitlement
to salary package in accordance with this clause is available to:
(a) permanent
full-time and part-time employees;
(b) temporary
employees, subject to the NSW Police Force’s convenience; and
(c) casual
employees, subject to the NSW Police Force’s convenience, and limited to salary
sacrifice to superannuation in accordance with subclause (vii).
(ii) For the
purposes of this clause:
(a) "salary"
means the salary or rate of pay prescribed for the employee's classification by
clause 3, Salaries, Part B of this Award, and any other payment that can be
salary packaged in accordance with Australian taxation law.
(b) "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
(iii) By mutual
agreement with the Commissioner, an employee may elect to package a part or all
of their post compulsory deduction salary in order to obtain:
(a) a benefit or
benefits selected from those approved by the Commissioner; and
(b) an amount equal
to the difference between the employee’s salary, and the amount specified by
the Commissioner for the benefit provided to or in respect of the employee in
accordance with such agreement.
(iv) An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
(v) The agreement
shall be known as a Wage Packaging Agreement.
(vi) Except in
accordance with subclause (vii), a Wage Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
employee and the Commissioner at the time of signing the Salary Packaging
Agreement.
(vii) When an
employee makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
employee may elect to have the amount sacrificed:
(a) paid into the
superannuation fund established under the First State Superannuation Act 1992;
or
(b) where the
employer is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
(c) subject to the
Department or agency's agreement, paid into another complying superannuation
fund.
(viii) Where the
employee makes an election to salary sacrifice, the NSW Police Force shall pay
the amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
(ix) Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
(a) Police
Regulation (Superannuation) Act 1906;
(b) Superannuation
Act 1916;
(c) State
Authorities Superannuation Act 1987; or
(d) State
Authorities Non-contributory Superannuation Act 1987,
the NSW Police Force must ensure that the employee’s
superable salary for the purposes of the above Acts, as notified to the SAS
Trustee Corporation, is calculated as if the Wage Packaging Agreement had not
been entered into.
(x) Where the
employee makes an election to salary package, and where the employee is a
member of a superannuation fund other than a fund established under legislation
listed in subclause (ix) of this clause, the NSW Police Force must continue to
base contributions to that fund on the salary payable as if the Salary
Packaging Agreement had not been entered into. This clause applies even though
the superannuation contributions made by the NSW Police Force may be in excess
of superannuation guarantee requirements after the wage packaging is
implemented.
(xi) Where the
employee makes an election to wage package:
(a) subject to
Australian Taxation law, the amount of salary packaged will reduce the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
(b) any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee’s rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the employee under clause 3, Salaries, or Part B of
this Award if the Salary Packaging Agreement had not been entered into.
(xii) The
Commissioner may vary the range and type of benefits available from time to
time following discussion with the Association. Such variations shall apply to any existing or future Salary
Packaging Agreement from date of such variation.
(xiii) The
Commissioner will determine from time to time the value of the benefits
provided following discussion with the Association. Such variations shall apply
to any existing or future Salary Packaging Agreement from the date of such
variation. In this circumstance, the
employee may elect to terminate the Wage Packaging Agreement.
4. Delete the last
two paragraphs in clause 23, Area, Incidence and Duration, and insert in lieu
thereof the following:
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 3 February 2009.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
J.D.
STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.