Crown Employees (NSW Police Force Police Band)
Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Commissioner of Police.
(Case No. 2018/144141)
Before Chief
Commissioner Kite
|
10 May 2018
|
AWARD
PART A
Clause No. Subject
Matter
SECTION 1 - FRAMEWORK
1. Title
2. Definitions
3. Disputes/Grievance
Settlement Procedure
4. Introduction
of New Technology
5. Introduction
of Change
SECTION 2 - SALARIES
6. Salaries
7. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
8. Future
Adjustments
SECTION 3 - ATTENDANCE/HOURS OF WORK
9. Hours
10. Flexible
Rosters
11. Meals
12. Lactation
Breaks
13. Public
Holidays
SECTION 4 - ALLOWANCES AND
OVERTIME
14. Higher
Duties Allowance
15. Doubling
Allowance
16. Shift Work
Allowance
17. Overtime
18. Recall to
Duty
19. Penalty
Provisions Not Cumulative
SECTION 5 - TRAVEL ARRANGEMENTS
20. Travelling
Time
21. Travelling
Allowance
22. Travelling
to Distant Work
SECTION 6 - LEAVE
23. Leave - General
Provisions
24. Absence
from Work
25. Applying
for Leave
26. Recreation
Leave
27. Additional
Annual Leave
28. Extended
Leave
29. Family and
Community Service Leave
30. Sick Leave
31. Sick Leave
- Requirements for Evidence of Illness
32. Sick Leave
to Care for a Family Member
33. Sick leave
- Workers Compensation
34. Sick Leave
- Claims other than Workers Compensation
35. Parental
Leave
36. Military
Leave
37. Observance
of Essential Religious or Cultural Obligations
38. Special
Leave
39. Leave for
Matters Arising from Domestic Violence
40. Leave Without Pay
SECTION 7 - MISCELLANEOUS
41. Trade
Union Training Courses
42. Deduction
of Union Membership Fees
43. Anti-Discrimination
44. Progression
45. Study
Assistance
46. Public
Interest
47. NSW Police
Force Police Band Consultative Committee
48. Secure
Employment
49. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
PART A
SECTION 1 - FRAMEWORK
1. Title
This award shall be known as the Crown Employees (NSW Police
Force Police Band) Award 2018.
2. Definitions
(a) "Officer"
means and includes all persons employed as Musicians within the Police Band by
the NSW Police Force who, as at 28 July 1997, were occupying one of such
positions or who, after that date, are appointed to such a position.
(b) "Commissioner"
means the Commissioner of Police in New South Wales or any person acting in
such position from time to time.
(c) "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.
(d) "Promotional
position" means the positions of Senior Musician (Police Band).
(e) "the Police Band" when used in the appropriate context
may refer to all positions within the Police Band including promotional
positions.
(f) "Association"
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
(g) "Award"
means the Crown Employees (NSW Police Force Police Band) Award 2018.
(h) "Domestic
Violence" means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.
3. Disputes/Grievance
Settlement Procedure
3.1 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:
3.1.1 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.
3.1.2 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 or delegate.
3.1.3 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
delegate or workplace representative and the Commander, NSW Police Force Band
or nominee.
3.1.4 If the
dispute/grievance remains unresolved the employee/s, local delegate or
workplace representative or Commander, NSW Police Force Band may refer the
matter to the Director, Public Affairs for discussion between the Director or
delegate and the Association. Those discussions should take place as soon as
possible and in any event within two working days of such referral.
3.1.5 If the dispute
is not resolved at that stage the matter is to be referred to the Employee
Relations Unit of the NSW Police Force who will assume responsibility for
liaising with members of the Senior Executive Service of the NSW Police Force
and the Association and advise of the final position of the Commissioner of
Police, including reasons for not implementing the remedy sought if such is the
case.
3.1.6 The matter will
only be referred to the Industrial Relations Commission of NSW if:
(i) The
final decision of the Commissioner of Police does not resolve the
dispute/grievance; or
(ii) 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.
3.1.7 At no stage during a dispute that specifically relates to
any industrial agreement in force may any stoppage of work occur or any form of
ban or limitation be imposed.
3.1.8 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.
3.1.9 The whole
concept of a dispute settlement procedure is to resolve disputation at the
level as close as possible to the source of disputation.
3.1.10 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.
3.1.11 Throughout
each stage parties involved should ensure that the relevant facts are clearly
identified and documented. Parties
should also be committed to following the procedure with as much timeliness as
possible.
4. 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 assist in the
provision of band services.
5. Introduction of
Change
The parties agree to co-operate fully through the Police
Band Consultative Committee in the implementation and/or trialling of change in
respect of the employment or organisation of the Police Band with the objective
of ensuring the most efficient, effective and productive use of resources.
SECTION 2 - SALARIES
6. Salaries
An officer shall, according to the position held and years
of service, be paid an annual salary of not less than the amounts as set out in
Table 1 - Salaries, of Part B, Monetary Rates.
7. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
7.1 The entitlement
to salary package in accordance with this clause is available to all officers
covered by this award.
7.2 For the purpose
of this clause:
(a) "salary" means the salary or rate of pay prescribed for
the officer’s classification by clause 6, Salaries, or 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-HELP payments,
child support payments, and judgement debtor/garnishee orders.
7.3 By mutual
agreement with the Commissioner, an officer 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 officer’s salary, and the amount specified
by the Commissioner for the benefit provided to or in respect of the officer in
accordance with such agreement.
7.4 An election to salary
package must be made prior to the commencement of the period of service to
which the earnings relate.
7.5 The agreement
shall be known as a Salary Packaging Agreement.
7.6 Except in
accordance with subclause 7.7, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
officer and the Commissioner at the time of signing the Salary Packaging
Agreement.
7.7 Where an
officer makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
officer 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 NSW Police Force agreement, paid into another
complying superannuation fund.
7.8 Where the
officer makes an election to salary sacrifice, the employer shall pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
7.9 Where the
officer makes an election to salary package and where the officer 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 officer’s superable salary for the purposes of the above Acts,
as notified to the SAS Trustee Corporation, is calculated as if the Salary
Packaging Agreement had not been entered into.
7.10 Where the officer
makes an election to salary package, and where the officer is a member of a
superannuation fund other than a fund established legislation listed in
subclause 7.9 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 salary packaging is implemented.
7.11 Where the
officer makes an election to salary 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
(a) 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 officer is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
officer’s rate of pay, shall be calculated by reference to the rate which would
have applied to the officer under clause 6, Salaries, or Part B of this Award
if the Salary Packaging Agreement had not been entered into.
7.12 The NSW Police
Force 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.
7.13 The NSW Police
Force will determine from time to time the value of the benefits provided
following discussions 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 officer may elect to terminate the Salary
Packaging Agreement.
8. Future Adjustments
Should there be a variation to the Crown Employees (Public
Sector - Salaries 2017) Award, or an award replacing it during the term of this
award by way of salary increase, this award shall be varied to give effect to
any such salary increase, from the operative date of the variation of the
former award or replacement award.
SECTION 3 - ATTENDANCE/HOURS OF WORK
9. Hours
9.1 General
9.1.1 Except as
provided in clause 10, Flexible Rosters of this award, the ordinary hours of
duty for officers shall be an average of 38 per week or 76 per fortnight and
shall be worked from Sunday to Saturday inclusive.
The hourly rate for officers shall be calculated on the basis
of 1/38th.
9.1.2 Ordinary hours
shall not exceed 8 per day and shall be worked continuously from starting time
except as provided in clause 11, Meals of this award. Officers shall not be rostered
to work broken shifts except in the public interest or on reasonable request by
the Commander, NSW Police Force Band.
9.1.3 Rostered shifts
of 8 hours may be arranged on the basis of 5 rostered shifts and 2 rest days in
any period of a week or 10 rostered shifts and 4 rest days in any period of 2
weeks. An officer's roster shall be
arranged, as far as practicable, to allow 1 rest day on each alternate Sunday
with 2 rest days comprising 1 weekend in 4.
9.1.4 The parties
agree that changes may be made in a roster in emergent circumstances with
reasonable notice and in any event with notice of at least 24 hours.
9.2 38 Hour Week
Operation
9.2.1 The hours of
duty shall be an average of 38 per week on the basis of accruing 1 day off per
20 day cycle to be taken as a block of days except where a rostered day off may
be taken at the discretion of the Commissioner of Police.
9.2.2 The maximum
accrual of days off shall be 12 working days per annum on the basis of no
accrual of the 13th day during the first 4 weeks of annual leave. In order to meet NSW Police Force
requirements and in the event of unforeseen circumstances arising, the day off
may be deferred and taken at a suitable later time.
9.2.3 All paid
ordinary working time and paid leave of absence goes towards the accrual of
time for the rostered day off. However, where extended long service, sick leave
or workers' compensation paid absences occur accrual only applies to the extent
necessary to enable the rostered day off immediately following resumption to be
allowed.
9.2.4 There will be
mutual co-operation at all levels to ensure that the efficiency of the Band is
maintained at the pre-existing standards without additional overtime being
worked.
9.2.5 There shall be
no payment of higher duties allowances arising from the rostered day off. There
shall be no eligibility for sick leave when on rostered leave arising from the
38 hour week.
9.2.6 Wages and
salaries will be paid into banking or other accounts.
9.2.7 All restrictive
work practices are to be eliminated.
10. Flexible Rosters
10.1 Notwithstanding
clause 9, Hours of this award the parties agree that where the majority of
officers agree and the Commander, NSW Police Force Band agrees, a trial of a
flexible roster system may be implemented.
Such a trial shall be for a period of up to 6 months in the first
instance, following which the parties may agree to the adoption of the flexible
roster as an ongoing arrangement.
10.2 The conditions
of any such trial shall be in accordance with the Parameters for Flexible
Rostering, Administrative Officers and Ministerial Employees, etc.
11. Meals
11.1 An officer shall
be allowed an unbroken period of not less than 30 minutes in the aggregate each
shift for meals. Such time shall not be counted
as time worked.
11.2 An officer shall
not normally be required to work for more than 5 hours without a meal break.
11.3 An officer who
actually incurs expense in purchasing a meal and has worked more than one half
hour beyond the completion of a rostered shift shall be entitled to be
compensated at the rates for the payment of meal allowances prescribed from
time to time by the NSW Police Force.
Provided that where actual expenditure exceeds the rates prescribed an
officer shall be entitled to a refund of amounts actually and reasonably
incurred upon production of receipts.
12. Lactation Breaks
12.1 This clause
applies to officers who are lactating mothers. A lactation break is provided
for breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this award.
12.2 A full time
officer or a part time officer working more than 4 hours per day is entitled to
a maximum of two paid lactation breaks of up to 30 minutes each per day.
12.3 A part time
officer working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
12.4 A flexible
approach to lactation breaks can be taken by mutual agreement between a officer and their manager
provided the total lactation break time entitlement is not exceeded. When
giving consideration to any such requests for flexibility, a manager needs to
balance the operational requirements of the organisation with the lactating
needs of the officer.
12.5 The Commissioner
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
12.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable to provide these facilities,
discussions between the manager and officer will take place to attempt to
identify reasonable alternative arrangements for the officer’s lactation needs.
12.7 Officers
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the Australian
Breastfeeding Association’s Breastfeeding Helpline Service or the Public Health
System.
12.8 Officers needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise sick leave in accordance with clause 30, or access to flexible
working hours provided in clauses 9, Hours and 10, Flexible Rosters of this
award, where applicable.
13. Public Holidays
13.1 An officer
required to work on the days on which New Year's Day, Anniversary Day, Good
Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen's
Birthday, Labour Day, Christmas Day and Boxing Day are observed and special
days appointed by proclamation as public holidays throughout the State, shall
be paid at the rate of time and one half (i.e., half time in addition to the
ordinary rate).
13.2 An officer
rostered to take a public holiday as a rest day who is subsequently required to
work a shift on that public holiday and who is not notified of such change of
rostered duty at least 24 hours before the commencement of the altered shift,
shall be paid for the performance of duty on that shift in lieu of being
granted an alternate rest day at the overtime rate specified in subclause 17.1
of clause 17, Overtime.
13.3 For the purposes
of this clause the ordinary rate excludes the 10% loading as defined in Table 1
- Salaries, of Part B, Monetary Rates.
SECTION 4 - ALLOWANCES AND OVERTIME
14. Higher Duties
Allowance
14.1 Officers who
provide relief in positions which attract a higher rate of pay will receive
payment of an allowance in compensation for the period of relief provided,
subject to the following conditions:
14.1.1 the
relieving officer performs all of the duties and assumes all of the
responsibilities of the higher position.
14.1.2 the
period of relief is not less than 5 consecutive working days in duration.
14.1.3 where
an officer performing higher duties is required to work overtime, payment will
be made at the higher rate.
14.1.4 the
supervising officer will be responsible for substantiating that payment of the
allowance is justified.
14.1.5 there
shall be no payment of higher duties allowances arising from the operation of
the 38 hour week.
15. Doubling Allowance
15.1 Officers
required to "double" on any musical instrument shall be paid an
allowance per annum as set out in Item 1 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
From 1 July 2008, the allowance shall be adjusted in accordance with the
percentage increase applying to salary rates.
15.2 The doubling
allowance shall be disregarded in computing the 10% loading prescribed in Table
1 - Salaries, of Part B, Monetary Rates, and payments for overtime worked.
16. Shift Work
Allowance
16.1 An officer who
works the full shift of not less than 8 hours shall be paid, in addition for
each shift actually worked, a shift allowance as set out in Item 2 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
16.2 It is agreed
that shift allowances shall be subject to variation only to the extent of any
variation in the same rate prescribed by the Crown Employees (Police Officers -
2017) Award from time to time.
17. Overtime
17.1 Subject to
subclause 18.2 of clause 18, Recall to Duty, the NSW Police Force may require
an officer to work reasonable overtime at overtime rates.
17.2 An officer may
refuse to work overtime in circumstances where the working of such overtime
would result in the officer working hours which are unreasonable. What is unreasonable or otherwise will be
determined having regard to:
(i) any risk to officer health and safety;
(ii) the officer’s personal circumstances including any family
responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the Commander, NSW Police Force
Band of the overtime and by the officer of his or her intention to refuse it;
and
(v) any other relevant matter.
17.3 All time worked outside the ordinary hours of work
prescribed by clause 10, Hours of this award, shall be paid at the rate of time
and one half for the first two hours and double time thereafter, such double
time to continue until the completion of the overtime work. Provided that an
officer who works overtime on a public holiday as prescribed in clause 24,
Public Holidays, shall be paid for such time at the rate of double time for the
first two hours and double time and one half thereafter. Except as provided in
this subclause, in computing overtime, each days work
shall stand-alone.
17.4 Overtime shall
be calculated to the nearest quarter hour provided that periods of less than a
quarter hour shall not be counted.
17.5 Overtime shall
be calculated on an hourly rate of pay of the annual salary. In this regard the 10% loading is not part of
annual salary and shall not be taken into account when calculating payment of
overtime.
17.6 Time spent
travelling shall not be calculated as overtime.
17.7 Approval to work
overtime shall be obtained from the Commander, NSW Police Force Band.
17.8 Where two or
more periods of overtime are worked on one day, then only the time actually
worked shall count for the determination of the commencement of the payment of
double time.
17.9 An officer may
elect, subject to the convenience of the employer, to take time off in lieu of
the payment of overtime.
18. Recall to Duty
18.1 "Recall to
duty" is the interference with the period of time off work between the arrival of an officer at home after the conclusion of one
shift and the commencement of the next rostered shift caused by the necessity
for an officer to perform duty.
A recall to duty commences when the officer commences
duty (excluding travel from home) and terminates when the duty is completed
(excluding travel to home) or the commencement of the next rostered shift
whichever is the sooner.
18.2 An officer
recalled to duty shall be paid, subject to subclause 17.8 of clause 17,
Overtime of this award, for the time worked on such recall to duty between
normal rostered shifts a minimum of 3 hours at the overtime rate specified in
subclause 17.3 for each time so recalled, except where such duty is continuous
with the commencement of the next rostered shift.
18.3 An officer
recalled to duty within 3 hours of the commencement of the next rostered shift
shall be paid at the appropriate overtime rate from the time of recall to the
time of the commencement of such shift.
18.4 The minimum
period for the payment of overtime worked specified in subclause 17.4 shall not
apply to entitlements under this clause.
18.5 An officer who
performs the duty for which recalled within the minimum period of 3 hours shall
not be required to undertake any additional duty for the remainder of the 3
hour period.
18.6 An officer
recalled to duty whose period of duty and travel to and from the place where
the duty is performed exceeds 3 hours shall, in addition to payment for the
recall to duty, be compensated at the rate specified hereafter for travelling
time in clause 20, for any period of travel exceeding 2 hours.
18.7 An officer
recalled to duty during any period of annual or long service leave may elect to
be re credited with a full day's leave for each day or part thereof involved in
the recall to duty or to be paid a minimum of 8 hours at the rate of time and
one half for each such day or part thereof.
18.8 Time worked in
excess of 8 hours on any recall to duty during annual or long service leave
shall be compensated at the rate of double time.
18.9 Travelling time
incurred in any recall to duty from annual or long service leave which exceed
the minimum 8 hours granted under subclause 20.7 of this clause shall be
compensated at the rate of ordinary time.
18.10 An officer recalled
to duty on a public holiday shall be paid in accordance with subclause 18.2 of
this clause.
19. Penalty Provisions
Not Cumulative
Where two or more penalty and/or overtime provisions could
apply in a particular situation, NSW Police Force shall pay only one of such
provisions. Where the provisions are not
identical, the higher or highest, as the case may be, shall apply.
SECTION 5 - TRAVEL ARRANGEMENTS
20. Travelling Time
20.1 Travelling time
shall be compensated by the payment of ordinary time rates on an hour for hour
basis up to a maximum of 8 hours in any period of 24 hours.
20.2 Travelling time
shall mean a period spent in the movement of an officer from one locality to
another where the primary objective of the journey is the movement of that
officer to the latter locality and no specific task other than travelling is
directed in advance to be performed by such officer during that period.
Provided that travelling time will not apply in respect
of:
20.2.1 Any period of
travel during the rostered shift of an officer or any period during which
overtime accrues.
20.2.2 Any period of
travel between the home of an officer and place of attachment - provided
further that when an officer is directed to perform duty at a location other
than at the normal place of attachment, the travelling time to and from that
locality which exceeds that taken in travelling between home and the place of
attachment shall be compensated in terms of subclause 20.1 of this clause.
20.2.3 Any period when an
officer is travelling by train between the hours of 11 pm and 8 am when
sleeping accommodation is provided.
20.2.4 Any period of
travel by an officer recalled to duty in terms of subclause 18.1 of clause 18,
Recall to Duty of this award. Provided
that any officer so recalled to duty who resides at such a distance from the
place to which recalled that the officer cannot reasonably travel from the
place of residence, perform the duty for which recalled and return to the place
of residence within the minimum of 3 hours shall be paid at ordinary time rates
for all time spent travelling in connection with such recall in excess of 2
hours.
20.2.5 Any period between
arrival of an officer at the destination or a place en route to the destination
where accommodation is provided and departure from the destination or the place
en route for the purpose of travelling to the destination or returning to the
place of residence or the normal place of attachment.
Provided further that on the day of arrival of an
officer at the destination and on the day of departure from the destination for
the journey to the place of residence or normal place of attachment the officer
will be compensated in terms of subclause 20.1 of this clause for one third of
the period:
(a) Between the time
of arrival and commencement of duty or rostered shift;
(b) Between the
time of completion of duty or rostered shift and time of departure.
20.2.6 For the purpose of
this subclause, any period between the hours of 6 pm and 8 am during which an
officer is provided with accommodation at the destination will be disregarded.
21. Travelling
Allowance
Travelling allowance provisions shall be the same as those
applying to non-commissioned police officers from time to time.
22. Travelling to
Distant Work
22.1 Where an officer
performs duty at a place other than the normal place of attachment, the time
taken travelling to and from such place in excess of normal travelling time
between home and the place of attachment shall be compensated by payment at the
rate of ordinary time.
22.2 An officer so
employed shall be entitled to recover from the employer the cost of any fares
in excess of those normally incurred in travelling between home and the place
of attachment.
SECTION 6 - LEAVE
23. Leave - General Provisions
23.1 The leave
provisions contained in this Award apply to all staff members other than those
to whom arrangements apply under another industrial instrument or under a local
arrangement negotiated between the Commissioner and the Association.
23.2 Unless otherwise
specified, part-time staff members will receive the paid leave provisions of
this award on a pro rata basis, calculated according to the number of hours
worked per week.
23.3 Unless otherwise
specified in this award a temporary employee employed under Part 6A of the Police Act 1990 is eligible to take a
period of approved leave during the current period of employment and may
continue such leave during a subsequent period or periods of employment in the
NSW Police Force Service, if such period or periods of employment commence
immediately on termination of a previous period or periods of employment.
23.4 Where paid and
unpaid leave is available to be granted in terms of this award, paid leave
shall be taken before unpaid leave.
24. Absence from Work
24.1 A staff member
must not be absent from work unless reasonable cause is shown.
24.2 If a staff
member is to be absent from duty because of illness or other emergency, the
staff member shall notify or arrange for another person to notify the
supervisor as soon as possible of the staff member's absence and the reason for
the absence.
24.3 If a
satisfactory explanation for the absence, is not provided, the staff member
will be regarded as absent from duty without authorised leave and the
Commissioner shall deduct from the pay of the staff member the amount
equivalent to the period of the absence.
24.4 The minimum
period of leave available to be granted shall be one hour, unless local
arrangements negotiated in the workplace allow for a lesser period to be taken.
24.5 Nothing in this
clause affects any proceedings for a breach of discipline against a staff
member who is absent from duty without authorised leave.
25. Applying for Leave
25.1 An application
by a staff member for leave under this award shall be made to and dealt with by
the Commissioner.
25.2 The Commissioner
shall deal with the application for leave according to the wishes of the staff
member, if the operational requirements of the NSW Police Force permit this to
be done.
26. Recreation Leave
26.1 Full time
officers shall be entitled to 6 weeks (228 hours) recreation leave per annum.
26.2 As a general
principal recreation leave including additional leave (if applicable) will be
applied for in advance and be taken in periods of a full week only. Whilst this general principle will apply,
officers may in emergency circumstances 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.
26.3 Consistent with
the Crown Employees (NSW Police Force Administrative Officers and Temporary
Employees) Award 2009, the parties agree that a block of two weeks recreation
leave shall be taken each leave year unless insufficient paid leave is
available.
26.4 Limits on
Accumulation and Direction to take leave
26.4.1 Where the
operational requirements permit, the application for leave shall be dealt with
by the Commissioner according to the wishes of the staff member.
26.4.2 The Commissioner shall
notify the staff member in writing when accrued recreation leave reaches 6
weeks or its hourly equivalent and at the same time may direct a staff member
to take at least 2 weeks recreation leave within 3 months of the notification
at a time convenient to the NSW Police Force.
26.4.3 The Commissioner
shall notify the staff member in writing when accrued recreation leave reaches
8 weeks or its hourly equivalent and direct the staff member to take at least 2
weeks recreation leave within 6 weeks of the notification. Such leave is to be
taken at a time convenient to the NSW Police Force.
26.4.4 A staff member
must take their recreation leave to reduce their accrual below 8 weeks or its
hourly equivalent, and the NSW Police Force must cooperate in this process.
26.5 Conservation of
Leave - If the Commissioner is satisfied that a staff member is prevented by
operational or personal reasons from taking sufficient recreation leave to
reduce the accrued leave below an acceptable level of between 4 and 6 weeks or
its hourly equivalent, the Commissioner shall:-
26.5.1 Specify in writing
the period of time during which the excess shall be conserved; and
26.5.2 On the expiration
of the period during which conservation of leave applies, grant sufficient
leave to the staff member at a mutually convenient time to enable the accrued
leave to be reduced to an acceptable level below the 8 week limit.
26.5.3 The Commissioner
will inform a staff member in writing on a regular basis of the staff member’s
recreation leave accrual.
26.6 Miscellaneous
26.6.1 Unless a local
arrangement has been negotiated between the Commissioner and the Association,
recreation leave is not to be granted for a period less than one (1) hour or in
other than multiples of one (1) hour.
26.6.2 Recreation leave
for which a staff member is eligible on cessation of employment is to be
calculated to one (1) hour (fractions less than one (1) hour being rounded up).
26.6.3 Recreation leave
does not accrue to a staff member in respect of any period of absence from duty
without leave or without pay, except as specified in paragraph 26.6.4 of this
subclause.
26.6.4 Recreation leave
accrues during any period of leave without pay granted on account of incapacity
for which compensation has been authorised to be paid under the Workers Compensation Act 1987; or any
period of sick leave without pay or any other approved leave without pay, not
exceeding 5 full time working days, or their part time equivalent, in any
period of 12 months.
26.6.5 The proportionate
deduction to be made in respect of the accrual of recreation leave on account
of any period of absence referred to in paragraph 25.6.4 of this subclause
shall be calculated to an exact one (1) hour (fractions less than one (1) hour
being rounded down).
26.6.6 Recreation leave
accrues at half its normal accrual rate during periods of extended leave on
half pay or recreation leave taken on half pay.
26.6.7 Recreation leave
may be taken on half pay in conjunction with and subject to the provisions applying
to adoption, maternity or parental leave - see clause 35, Parental Leave of
this award.
26.6.8 On cessation of
employment, a staff member is entitled to be paid the money value of accrued
recreation leave which remains untaken.
26.6.9 A staff member to
whom paragraph 25.6.8 of this subclause applies may elect to take all or part
of accrued recreation leave which remains untaken at cessation of active duty
as leave or as a lump sum payment; or as a combination of leave and lump sum
payment.
26.7 Death - Where a
staff member dies, the monetary value of recreation leave accrued and remaining
untaken as at the date of death, shall be paid to the staff member's nominated
beneficiary.
26.8 Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows:
26.8.1 To the widow or
widower of the staff member; or
26.8.2 If there is no
widow or widower, to the children of the staff member or, if there is a
guardian of any children entitled under this subclause, to that guardian for
the children's maintenance, education and advancement; or
26.8.3 If there is no
such widow, widower or children, to the person who, in the opinion of the
Commissioner was, at the time of the staff member's death, a dependent relative
of the staff member; or
26.8.4 If there is no
person entitled under paragraph 26.8.1, 26.8.2 or 26.8.3 of this subclause to
receive the money value of any leave not taken or not completed by a staff
member or which would have accrued to the staff member, the payment shall be
made to the personal representative of the staff member.
26.9 Additional
compensation for rostered work performed by shift workers on Sundays and Public
Holidays - Shift workers who are rostered to work their ordinary hours on
Sundays and/or Public Holidays during the period 1 December of one year to 30
November, of the following year, or part thereof, shall be entitled to receive
additional annual leave or payment as provided for in subclause 27.1 of clause
27, Additional Annual Leave of this award.
26.10 Recreation leave
does not accrue during leave without pay other than
26.8.1 military
leave taken without pay when paid military leave entitlements are exhausted;
26.8.2 absences
due to natural emergencies or major transport disruptions, when all other paid
leave is exhausted;
26.8.3 any
continuous period of sick leave taken without pay when paid sick leave is
exhausted;
26.8.4 incapacity
for which compensation has been authorised under the Workplace Injury Management and Workers Compensation Act 1998; or
26.8.5 periods
which when aggregated, do not exceed 5 working days in any period of 12 months.
26.9 A staff member
entitled to additional annual leave under subclause 27.1 of clause 27, Additional
Annual Leave of this award, can elect at any time to cash out the additional
recreation leave.
27. Additional Annual
Leave
27.1 Officers shall
be entitled to additional annual leave on the following basis:
Number of ordinary
shifts worked on Sundays and/or
|
Additional Leave
|
Public Holidays
during a qualifying period
|
|
4 - 10
|
1 additional
working day
|
11 - 17
|
2 additional
working days
|
18 - 24
|
3 additional
working days
|
25 - 31
|
4 additional
working days
|
32 or more
|
5 additional
working days
|
27.2 A qualifying
period shall mean the period commencing 12 months from 1 December each year.
28. Extended Leave
Extended leave shall accrue and shall be granted to staff
members in accordance with the provisions of Part 6 of the Police Regulation
2015.
29. Family and
Community Service Leave
29.1 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 as described in
subclause 29.2 of this clause. The
Commissioner may also grant leave for the purposes in subclause 29.3 of this
clause. 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.
29.2 Such unplanned
and emergency situations may include, but not be limited to, the following:-
29.2.1 Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
29.2.2 Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove furniture and effects;
29.2.3 Emergency or
weather conditions; such as when flood, fire, snow or disruption to utility
services etc, threatens a staff member’s property
and/or prevents a staff member from reporting for duty;
29.2.4 Attending to unplanned
or unforeseen family responsibilities, such as attending child's school for an
emergency reason or emergency cancellations by child care providers;
29.2.5 Attendance at
court by a staff member to answer a charge for a criminal offence, only if the
Commissioner considers the granting of family and community service leave to be
appropriate in a particular case.
29.3 Family and
community service leave may also be granted for:
29.3.1 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
29.3.2 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.
29.4 The definition
of "family or "relative" in this clause is the same as that
provided in paragraph 32.4.2 of clause 32, Sick Leave to Care for Family Member
of this award.
29.5 Existing staff
members employed on and from 1 May 2018, will accrue
FACS leave on full pay as follows:
29.5.1 2 ½ days on 1 May
2018;
29.5.2 2 ½ days on 1 May
2019; and
29.5.3 1 day per year (1
May) thereafter.
29.6 Any staff member
appointed from 1 May 2018, will accrue FACS leave on
full pay as follows.
29.6.1 2 ½ days in the staff
member’s first year of service;
29.6.2 2 ½ days in the
staff member’s second year of service; and
29.6.3 1 day per year
thereafter.
29.7 If available
family and community service leave is exhausted as a result of natural
disasters, the Commissioner shall consider applications for additional family
and community service leave, if some other emergency arises.
29.8 If available
family and community service leave is exhausted, on the death of a family
member or relative, additional paid family and community service leave of up to
2 days may be granted on a discrete, per occasion basis to a staff member.
29.9 In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with clause 32, Sick Leave to Care
for a Sick Family Member of this award shall be granted when paid family and
community service leave has been exhausted or is unavailable.
29.10 The Commissioner
may also grant staff members other forms of leave such as accrued recreation
leave, time off in lieu, and so on for family and community service leave
purposes.
30. Sick Leave
30.1 Illness in this
clause and in clauses 31 and 32 of this award means physical or psychological
illness or injury, medical treatment and the period of recovery or
rehabilitation from an illness or injury.
30.2 Payment for sick
leave is subject to the staff member:
30.2.1 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
30.2.2 Providing evidence
of illness as soon as practicable if required by clause 31, Sick Leave -
Requirements for Evidence of Illness of this award.
30.3 If the Commissioner
is satisfied that a staff member is unable to perform duty because of the staff
member's illness or the illness of his/her family member, the Commissioner:
30.3.1 Shall grant to the
staff member sick leave on full pay; and
30.3.2 May grant to the
staff member, sick leave without pay if the absence of the staff member exceeds
the entitlement of the staff member under this award to sick leave on full pay.
30.4 The Commissioner
may direct a staff member to take sick leave if they are satisfied that, due to
the staff member’s illness, the staff member:
30.4.1 is unable to carry
out their duties without distress; or
30.4.2 risks
further impairment of their health by reporting for duty; or
30.4.3 is
a risk to the health, wellbeing or safety of other staff members, NSW Police
Force clients or members of the public
30.5 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.
30.6 Entitlements -
Any staff member appointed on or from 1 May 2018 will commence accruing sick
leave in accordance with this clause immediately. Existing staff members employed as at 1 May
2018 will accrue sick leave in accordance with this clause from 1 May 2018
onwards.
30.6.1 At the
commencement of employment with the NSW Police Force, a full-time staff member
is granted an accrual of 5 days sick leave.
30.6.2 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.
30.6.3 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.
30.6.4 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.
30.6.5 Notwithstanding
the provisions of paragraph 30.6.4 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.
30.6.6 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.
30.6.7 When determining
the amount of sick leave accrued, sick leave granted on less than full pay,
shall be converted to its full pay equivalent.
30.6.8 Paid sick leave
shall not be granted during a period of unpaid leave.
30.7 Payment during
the initial 3 months of service - Paid sick leave which may be granted to a
staff member, other than a seasonal or relief staff member, in the first 3
months of service shall be limited to 5 days paid sick leave, unless the
Commissioner approves otherwise. Paid sick leave in excess of 5 days granted in
the first 3 months of service shall be supported by a satisfactory medical
certificate.
30.8 Seasonal or
relief staff - No paid sick leave shall be granted to temporary employees who
are employed as seasonal or relief staff for a period of less than 3 months.
31. Sick Leave -
Requirements for Evidence of Illness
31.1 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.
31.2 In addition to
the requirements under subclause 30.2 of clause 30, Sick Leave of this award, 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.
31.3 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.
31.4 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.
31.5 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 the NSWPF nominated medical assessor or its successor for advice.
31.5.1 The type of leave
granted to the staff member will be determined by the Commissioner based on the
NSWPF nominated medical assessor or its successor’s advice.
31.5.2 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.
31.6 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.
31.7 The reference in
this clause to evidence of illness shall apply, as appropriate:
31.7.1 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,
31.7.2 where the absence
exceeds one week, and unless the health provider listed in paragraph 31.7.1 of
this subclause 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
31.7.3 at
the Commissioner’s discretion, other forms of evidence that satisfy that the
staff member had a genuine illness.
31.8 If a staff
member who is absent on recreation leave or extended leave, furnishes to the
Commissioner satisfactory evidence of illness 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:
31.8.1 In respect of
recreation leave, the period set out in the evidence of illness;
31.8.2 In respect of
extended leave, the period set out in the evidence of illness if such period is
5 working days or more.
31.9 Subclause 31.8
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.
32. Sick Leave to Care
for a Family Member
32.1 Where family and
community service leave provided for in clause 29, Family and Community Service
Leave of this award is exhausted or unavailable, a staff member with
responsibilities in relation to a category of person set out in subclause 32.4
of this clause who needs the staff member's care and support, may elect to use
available paid sick leave, subject to the conditions specified in this clause,
to provide such care and support when a family member is ill.
32.2 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.
32.3 If required by
the Commissioner to establish the illness of the person concerned, the staff
member must provide evidence consistent with subclause 31.6 of clause 31, Sick
Leave - Requirements for Evidence of Illness of this award.
32.4 The entitlement
to use sick leave in accordance with this clause is subject to:
32.4.1 The staff member
being responsible for the care and support of the person concerned; and
32.4.2 The person
concerned being:-
(a) a spouse of the staff member; or
(b) a de facto spouse
being a person of the opposite sex to the staff member who lives with the staff
member as her husband or his wife on a bona fide domestic basis although not
legally married to that staff member; or
(c) 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 or legal guardian), grandparent, grandchild or sibling of the staff
member or of the spouse or de facto spouse of the staff member; or
(d) a same sex partner who lives with the staff member 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, where 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.
33. Sick Leave -
Workers Compensation
33.1 The Commissioner
shall advise each staff member of their rights under the Workers Compensation Act 1987, as amended from time to time, and
shall give such assistance and advice, as necessary, in the lodging of any
claim.
33.2 A staff member
who is or becomes unable to attend for duty or to continue on duty in
circumstances which may give the staff member a right to claim compensation
under the Workers Compensation Act
1987, shall be required to lodge a claim for any such compensation.
33.3 Where, due to
the illness or injury, the staff member is unable to lodge such a claim in
person, the Commissioner shall assist the staff member or the representative of
the staff member, as required, to lodge a claim for any such compensation.
33.4 The Commissioner
will ensure that, once received by the NSW Police Force, a staff member’s
workers compensation claim is lodged by the NSW Police Force with the workers
compensation insurer within the statutory period prescribed in the Workers Compensation Act 1987.
33.5 Pending the
determination of that claim and on production of an acceptable medical
certificate, the Commissioner shall grant sick leave on full pay for which the
staff member is eligible followed, if necessary, by sick leave without pay or,
at the staff member's election by accrued recreation leave or extended leave.
33.6 If liability for
the workers compensation claim is accepted, then an equivalent period of any sick
leave taken by the staff member pending acceptance of the claim shall be
restored to the credit of the staff member.
33.8 If a staff
member notifies the Commissioner that he or she does not intend to make a claim
for any such compensation, the Commissioner shall consider the reasons for the
staff member's decision and shall determine whether, in the circumstances, it
is appropriate to grant sick leave in respect of any such absence.
33.9 A staff member
may be required to submit to a medical examination under the Workers Compensation Act 1987 in
relation to a claim for compensation under that Act. If a staff member refuses
to submit to a medical examination without an acceptable reason, the staff
member shall not be granted available sick leave on full pay until the
examination has occurred and a medical certificate is issued indicating that
the staff member is not fit to resume employment.
33.10 If the
Commissioner provides the staff member with employment which meets the terms
and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers
Compensation Act 1998 and, without good reason, the staff member fails, to resume
or perform such duties, the staff member shall be ineligible for all payments
in accordance with this clause from the date of the refusal or failure.
33.11 No further sick
leave shall be granted on full pay if there is a commutation of weekly payments
of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.
33.12 Nothing in this
clause prevents a staff member from appealing a decision or taking action under
other legislation made in respect of:
33.12.1 The
staff member's claim for workers compensation;
33.12.2 The
conduct of a medical examination by a Government or other Medical Officer;
33.12.3 A
medical certificate issued by the examining Government or other Medical
Officer; or
33.12.4 Action
taken by the Commissioner either under the Workers
Compensation Act 1987 or any other relevant legislation in relation to a
claim for workers compensation, medical examination or medical certificate.
34. Sick Leave -
Claims other than Workers Compensation
34.1 If the
circumstances of any injury to or illness of a staff member give rise to a
claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987 sick leave
on full pay may, subject to and in accordance with this clause, be granted to
the staff member on completion of an acceptable undertaking that:-
34.1.1 Any such claim, if
made, will include a claim for the value of any period of paid sick leave
granted by the NSW Police Force to the staff member; and
34.1.2 In the event that
the staff member receives or recovers damages or compensation pursuant to that
claim for loss of salary or wages during any such period of sick leave, the
staff member will repay to the NSW Police Force the monetary value of any such
period of sick leave.
34.2 Sick leave on
full pay shall not be granted to a staff member who refuses or fails to
complete an undertaking, except in cases where the Commissioner is satisfied
that the refusal or failure is unavoidable.
34.3 On repayment to the
NSW Police Force of the monetary value of sick leave granted to the staff
member, sick leave equivalent to that repayment and calculated at the staff
member’s ordinary rate of pay, shall be restored to the credit of the staff
member.
35. Parental Leave
35.1 Parental leave
includes maternity, adoption and "other parent" leave.
35.2 Maternity leave
shall apply to a staff member who is pregnant and, subject to this clause the
staff member shall be entitled to be granted maternity leave as follows:
35.2.1 For a period up to
9 weeks prior to the expected date of birth; and
35.2.2 For
a further period of up to 12 months after the actual date of birth.
35.2.3 A staff member who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
35.3 Adoption leave
shall apply to a staff member adopting a child and who will be the primary care
giver, the staff member shall be granted adoption leave as follows:
35.3.1 For a period of up
to 12 months if the child has not commenced school at the date of the taking of
custody; or
35.3.2 For such period,
not exceeding 12 months on a full-time basis, as the Commissioner may
determine, if the child has commenced school at the date of the taking of custody.
35.3.3 Special Adoption
Leave - A staff member shall be entitled to special adoption leave (without
pay) for up to 2 days to attend interviews or examinations for the purposes of
adoption. Special adoption leave may be taken as a charge against recreation
leave, extended leave, time off in lieu or family and
community service leave.
35.4 Where maternity
or adoption leave does not apply, "other parent" leave is available
to male and female staff who apply for leave to look
after his/her child or children. Other parent leave applies as follows:
35.4.1 Short other parent
leave - an unbroken period of up to 8 weeks at the time of the birth of the
child or other termination of the spouse's or partner's pregnancy or, in the
case of adoption, from the date of taking custody of the child or children;
35.4.2 Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the staff member as provided for in paragraph
35.4.1 of this subclause. Extended other parental leave may commence at any
time up to 2 years from the date of birth of the child or the taking of custody
of the child.
35.5 A staff member
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of up to14 weeks, a staff member entitled to short other
parent leave is entitled to payment at the ordinary rate of pay for a period of
up to 1 week, provided the staff member:
35.5.1 Applied for
parental leave within the time and in the manner determined set out in
subclause 35.10 of this clause; and
35.5.2 Prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
35.5.3 Payment for the
maternity, adoption or short other parent leave may be made as follows:
(a) in advance as a lump sum; or
(b) fortnightly as normal; or
(c) fortnightly at half pay; or
(d) a combination of full‑pay and half pay.
35.6 Payment for
parental leave is at the rate applicable when the leave is taken. A member of
staff holding a full time position who is on part time leave without pay when
they start parental leave is paid:
35.6.1 at
the full time rate if they began part time leave 40 weeks or less before
starting parental leave;
35.6.2 at the part time
rate if they began part time leave more than 40 weeks before starting parental
leave and have not changed their part time work arrangements for the 40 weeks;
35.6.3 at
the rate based on the average number of weekly hours worked during the 40 week
period if they have been on part time leave for more than 40 weeks but have
changed their part time work arrangements during that period.
35.7 A staff member
who commences a subsequent period of maternity or adoption leave for another
child within 24 months of commencing an initial period of maternity or adoption
leave will be paid:
35.7.1 at the rate (full
time or part time) they were paid before commencing the initial leave if they
have not returned to work; or
35.7.2 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
35.7.3 at
a rate based on the hours worked prior to the subsequent period of leave where
the staff member has not reduced their hours.
35.8 Except as
provided in subclauses 35.5, 35.6 and 35.7 of this clause, parental leave shall
be granted without pay.
35.9 Right to request
35.9.1 A staff member who
has been granted parental leave in accordance with subclause 35.2, 35.3 or 35.4
of this clause may make a request to the Commissioner to:
(a) extend the period of unpaid parental leave for a further
continuous period of leave not exceeding 12 months;
(b) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the staff member in
reconciling work and parental responsibilities.
35.9.2 The Commissioner
shall consider the request having regard to the staff member’s circumstances
and, provided the request is genuinely based on the staff member’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the Commissioner’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
35.10 Notification
Requirements
35.10.1 When
the NSW Police Force is made aware that a staff member or their spouse is
pregnant or is adopting a child, the NSW Police Force must inform the staff
member of their entitlements and their obligations under the Award.
35.10.2 A staff
member who wishes to take parental leave must notify the Commissioner in
writing at least 8 weeks (or as soon as practicable) before the expected
commencement of parental leave:
(a) that she/he intends to take parental leave, and
(b) the expected date of birth or the expected date of
placement, and
(c) if she/he is likely to make a request under subclause 35.9
of this clause.
35.10.3 At
least 4 weeks before a staff member's expected date of commencing parental
leave they must advise:
(a) the date on which the parental leave is intended to start,
and
(b) the period of leave to be taken.
35.10.4 Staff
member’s request and the Commissioner’s decision to be in writing
The staff member’s request under paragraph 35.9.1 and
the Commissioner’s decision made under paragraph 35.9.2 must be recorded in
writing.
35.10.5 A staff
member intending to request to return from parental leave on a part time basis
or seek an additional period of leave of up to 12 months must notify the
Commissioner in writing as soon as practicable and preferably before beginning
maternity, adoption or other parental leave. If the notification is not given
before commencing such leave, it may be given at any time up to 4 weeks before
the proposed return on a part time basis, or later if the Commissioner agrees.
35.10.6 A staff
member on maternity leave is to notify the NSW Police Force of the date on
which she gave birth as soon as she can conveniently do so.
35.10.7 A staff
member must notify the NSW Police Force as soon as practicable of any change in
her intentions as a result of premature delivery or miscarriage.
35.10.8 A staff
member on maternity or adoption leave may change the period of leave or
arrangement, once without the consent of the Commissioner and any number of
times with the consent of the Commissioner.
In each case she/he must give the NSW Police Force at least 14 days’
notice of the change unless the Commissioner decides otherwise.
35.11 A staff member has
the right to her/his former position if she/he has taken approved leave or part
time work in accordance with subclause 35.9 of this clause, and she/he resumes
duty immediately after the approved leave or work on a part time basis.
35.12 If the position
occupied by the staff member immediately prior to the taking of parental leave
has ceased to exist, but there are other positions available that the staff
member is qualified for and is capable of performing, the staff member shall be
appointed to a position of the same grade and classification as the staff
member’s former position.
35.13 A staff member
does not have a right to her/his former position during a period of return to
work on a part time basis. If the Commissioner approves a return to work on a
part time basis then the position occupied is to be at the same classification
and grade as the former position.
35.14 A staff member who
has returned to full time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert back to such leave. This may
be done once only, and a minimum of 4 weeks’ notice (or less if acceptable to
the NSW Police Force) must be given.
35.15 A staff member who
is sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. A staff member may
apply for accrued recreation leave, extended leave or leave without pay before
taking maternity leave. Any leave taken
before maternity leave ceases at the end of the working day immediately
preceding the day she starts her nominated period of maternity leave or on the
working day immediately preceding the date of birth of the child, whichever is
sooner.
35.16 A staff member may
elect to take available recreation leave or extended leave within the period of
parental leave provided this does not extend the total period of such leave.
35.17 A staff member may
elect to take available recreation leave at half pay in conjunction with
parental leave provided that:
35.17.1 accrued recreation leave at the date leave commences is
exhausted within the period of parental leave;
35.17.2 the
total period of maternity, adoption or other parent leave, is not extended by
the taking of recreation leave at half pay; and
35.17.3 when calculating other leave accruing during the period of
recreation leave at half pay, the recreation leave at half pay shall be
converted to the full time equivalent and treated as full pay leave for accrual
of further recreation, extended and other leave at the full time rate
35.18 If, for any
reason, a pregnant staff member is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Commissioner, should, in consultation with the staff member, take all
reasonable measures to arrange for safer alternative duties. This may include, but is not limited to
greater flexibility in when and where duties are carried out, a temporary
change in duties, retraining, multi-skilling, teleworking and job redesign.
35.19 If such
adjustments cannot reasonably be made, the Commissioner must grant the staff
member maternity leave, or any available sick leave, for as long as it is
necessary to avoid exposure to that risk as certified by a medical
practitioner, or until the child is born whichever is the earlier.
35.20 Communication
during parental leave
35.20.1 Where a
staff member is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the NSW Police Force shall take
reasonable steps to:
(a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the staff member
held before commencing parental leave; and
(b) provide an opportunity for the staff member to discuss any
significant effect the change will have on the status or responsibility level
of the position the staff member held before commencing parental leave.
35.20.2 The
staff member shall take reasonable steps to inform the Commissioner about any
significant matter that will affect the staff member’s decision regarding the
duration of parental leave to be taken, whether the staff member intends to
return to work and whether the staff member intends to request to return to
work on a part time basis.
35.20.3 The staff
member shall also notify the Commissioner of changes of address or other
contact details which might affect the NSW Police Force capacity to comply with
paragraph 35.20.1 of this subclause.
36. Military Leave
36.1 During the
period of 12 months commencing on 1 July each year, the Commissioner may grant
to a staff member who is a volunteer part-time member of the Defence Forces,
military leave on full pay to undertake compulsory annual training and to
attend schools, classes or courses of instruction or compulsory parades
conducted by the staff member’s unit.
36.2 In accordance
with the Defence Reserve Service
(Protection) Act 2001 (Cth), it is unlawful to
prevent a staff member from rendering or volunteering to render, ordinary
defence Reserve service.
36.3 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 36.1 of this clause.
36.4 The Commissioner
may grant a staff member special leave of up to 1 day to attend medical
examinations and tests required for acceptance as volunteer part time members
of the Australian Defence Forces.
36.5 A staff member
who is requested by the Australian Defence Forces to provide additional
military services requiring leave in excess of the entitlement specified in
subclause 36.3 of this clause may be granted Military Leave Top up Pay by the
Commissioner.
36.6 Military Leave
Top up Pay is calculated as the difference between a staff member’s ordinary
pay as if they had been at work, and the Reservist’s pay which they receive
from the Commonwealth Department of Defence.
36.7 During a period
of Military Leave Top up Pay, a staff member will continue to accrue sick
leave, recreation and extended leave entitlements, and the NSW Police Force is
to continue to make superannuation contributions at the normal rate.
36.8 At the
expiration of military leave in accordance with subclause 36.3 or 36.4 of this
clause, the staff member shall furnish to the Commissioner a certificate of
attendance and details of the staff members reservist pay signed by the
commanding officer or other responsible officer.
37. Observance of Essential
Religious or Cultural Obligations
37.1 A staff member
of:
37.1.1 Any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
37.1.2 Any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations, may be granted recreation/extended leave to credit, time
off in lieu or leave without pay to do so.
37.2 Provided
adequate notice as to the need for leave is given by the staff member to the NSW
Police Force and it is operationally convenient to release the staff member
from duty, the Commissioner must grant the leave applied for by the staff
member in terms of this clause.
37.3 A staff member
of any religious faith who seeks time off during daily working hours to attend
to essential religious obligations of that faith, shall be granted such time
off by the Commissioner subject to:
37.3.1 Adequate notice
being given by the staff member;
37.3.2 Prior approval
being obtained by the staff member; and
37.3.3 The time off being
made up in the manner approved by the Commissioner.
37.4 Notwithstanding
the provisions of subclauses 37.1, 37.2 and 37.3 of this clause, local
arrangements may be negotiated between the NSW Police Force and the Association
to provide greater flexibility for staff members for the observance of
essential religious or cultural obligations.
38. Special Leave
38.1 Special Leave -
Jury Service
38.1.1 A staff member
shall, as soon as possible, notify the Commissioner of the details of any jury
summons served on the staff member.
38.1.2 A staff member
who, during any period when required to be on duty, attends a court in answer
to a jury summons shall, upon return to duty after discharge from jury service,
furnish to the Commissioner a certificate of attendance issued by the Sheriff
or by the Registrar of the court giving particulars of attendances by the staff
member during any such period and the details of any payment or payments made
to the staff member under section 72 of the Jury
Act 1977 in respect of any such period.
38.1.3 When a certificate
of attendance on jury service is received in respect of any period during which
a staff member was required to be on duty, the Commissioner shall grant, in
respect of any such period for which the staff member has been paid
out-of-pocket expenses only, special leave on full pay. In any other case, the
Commissioner shall grant, at the sole election of the staff member, available
recreation leave on full pay, flex leave or leave without pay.
38.2 Witness at Court
- Official Capacity - When a staff member is subpoenaed or called as a witness
in an official capacity, the staff member shall be regarded as being on duty.
Salary and any expenses properly and reasonably incurred by the staff member in
connection with the staff member’s appearance at Court as a witness in an
official capacity shall be paid by the NSW Police Force.
38.3 Witness at Court
- Other than in Official Capacity - Crown Witness - A staff member who is
subpoenaed or called as a witness by the Crown (whether in right of the
Commonwealth or in right of any State or Territory of the Commonwealth) shall:
38.3.1 Be granted, for
the whole of the period necessary to attend as such a witness, special leave on
full pay; and
38.3.2 Pay into the
Treasury of the State of New South Wales all money paid to the staff member
under or in respect of any such subpoena or call other than any such money so
paid in respect of reimbursement of necessary expenses properly incurred in
answer to that subpoena or call.
38.3.3 Association
Witness - a staff member called by the Association to give evidence before an
Industrial Tribunal or in another jurisdiction shall be granted special leave
by the NSW Police Force for the required period.
38.4 Called as a
witness in a private capacity - A staff member who is subpoenaed or called as a
witness in a private capacity shall, for the whole of the period necessary to
attend as such a witness, be granted at the staff member's election, available
recreation leave on full pay or leave without pay.
38.5 Special Leave -
Examinations -
38.5.1 Special leave on
full pay up to a maximum of 5 days in any one year shall be granted to staff
members for the purpose of attending at any examination approved by the
Commissioner.
38.5.2 Special leave
granted to attend examinations shall include leave for any necessary travel to
or from the place at which the examination is held.
38.5.3 If an examination
for a course of study is held during term or semester within the normal class
timetable and study time has been granted to the staff member, no further leave
is granted for any examination.
38.6 Return Home When
Temporarily Living Away from Home - Sufficient special leave shall be granted
to a staff member who is temporarily living away from home as a result of work
requirements. Such staff member shall be
granted sufficient special leave once a month before or after a weekend or a
long weekend or, in the case of a shift worker before or after rostered days
off to return home to spend two days and two nights with the family. If the
staff member wishes to return home more often, such staff member may be granted
recreation leave, extended leave or flex leave to credit or leave without pay,
if the operational requirements allow.
38.7 Return Home When
Transferred to New Location - Special leave shall be granted to a staff member
who has moved to the new location ahead of dependants, to visit such
dependants, subject to the conditions specified in the Crown Employees (Transferred
Employees Compensation) Award.
38.8 A staff member
who identifies as an Indigenous Australian shall be granted up to one day
special leave per year to enable the staff member to participate in the
National Aboriginal and Islander Day of Commemoration Celebrations. Leave can
be taken at any time during NAIDOC week, or in the weeks leading up to and
after NAIDOC week as negotiated between the supervisor and staff member.
38.9 Special Leave -
Other Purposes - Special leave on full pay may be granted to staff members by
the Commissioner for such other purposes, subject to the conditions specified
in the New South Wales Public Service Commission Personnel Handbook published
by the Public Service Commission on-line www.psc.nsw.gov.au. at
the time the leave is taken.
38.10 Matters arising
from domestic violence situations.
When the leave entitlements referred to in clause 40,
Leave for Matters Arising from Domestic Violence, have been exhausted, the
Commissioner shall grant up to five days per calendar year to be used for
absences from the workplace to attend to matters arising from domestic violence
situations.
39. Leave for Matters
Arising from Domestic Violence
39.1 The definition of
domestic violence is found in clause 2(h), of clause 2 Definitions, of this
award.
39.2 Leave
entitlements provided for in clause 29, Family and Community Service Leave,
clause 30, Sick Leave and clause 32, Sick Leave to Care for a Family Member,
may be used by staff members experiencing domestic violence.
39.3 Where the leave
entitlements referred to in subclause 39.2 are exhausted, the Commissioner
shall grant up to five days Special Leave, per calendar year, to be used for
absences from the workplace to attend to matters arising from domestic violence
situations.
39.4 The Commissioner
will need to be satisfied, on reasonable grounds, that domestic violence has
occurred and may require proof presented in the form of an agreed document
issued by the Police Force, a Court, a Doctor, a Domestic Violence Support
Service or Lawyer.
39.5 Personal
Information concerning domestic violence will be kept confidential by the NSW
Police Force.
39.6 An application
for leave for matters arising from domestic violence under this clause will
trigger the NSW Police Force response to domestic and family violence with
respect to the immediate and long term protection of victims, including
specific police obligations for the investigation and management of such
matters. Such actions are in line with obligations under the Crimes (Domestic and Personal Violence) Act 2007.
39.7 The
Commissioner, where appropriate, may facilitate flexible working arrangements
subject to operational requirements, including changes to working times and
changes to work location, telephone number and email address.
40. Leave Without Pay
40.1 The Commissioner
may grant leave without pay to a staff member if good and sufficient reason is
shown.
40.2 Leave without
pay may be granted on a full-time or a part-time basis.
40.3 Where a staff
member is granted leave without pay for a period not exceeding 10 consecutive
working days, the staff member shall be paid for any proclaimed public holidays
falling during such leave without pay.
40.4 Where a staff
member is granted leave without pay which, when aggregated, does not exceed 5
working days in a period of twelve (12) months, such leave shall count as
service for incremental progression and accrual of recreation leave.
40.5 A staff member
who has been granted leave without pay, shall not
engage in employment of any kind during the period of leave without pay, unless
prior approval has been obtained from the Commissioner.
40.6 A staff member
shall not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the staff member elects to combine all or part of accrued
paid leave with leave without pay, the paid leave shall be taken before leave
without pay.
40.7 No paid leave shall
be granted during a period of leave without pay.
40.8 A permanent
appointment may be made to the staff member’s position if:
40.8.1 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
40.8.2 the
staff member is advised of the Commissioner’s proposal to permanently backfill
their position; and
40.8.3 the
staff member is given a reasonable opportunity to end the leave without pay and
return to their position; and
40.8.4 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.
40.9 The position
cannot be filled permanently unless the above criteria are satisfied.
40.10 The staff member
does not cease to be employed by the NSW Police Force if their position is
permanently backfilled.
40.11 Subclause 40.8 of
this clause does not apply to full-time unpaid parental leave granted in accordance
with subparagraph 35.9.1(a) of clause 35, Parental Leave or to military leave.
SECTION 7 - MISCELLANEOUS
41. Trade Union
Training Courses
41.1 The following
training courses will attract the grant of special leave as specified below:-
41.1.1 Accredited Work
Health and Safety (WH&S) courses and any other accredited WH&S training
for WH&S Committee members. The provider(s) of accredited OH&S training
courses and the conditions, on which special leave for such courses will be granted,
shall be negotiated between the Commissioner and the Association under a local
arrangement.
41.1.2 Courses organised
and conducted by the Trade Union Education Foundation or by the Association or
a training provider nominated by the Association. A maximum of 12 working days
in any period of 2 years applies to this training and is subject to:
(a) The operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(b) Payment being at
the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc.;
(c) All travelling
and associated expenses being met by the staff member or the Association;
(d) Attendance
being confirmed in writing by the Association or a nominated training provider.
42. Deduction of Union
Membership Fees
At the staff member’s election, the Commissioner shall
provide for the staff member’s Association membership fees to be deducted from
the staff member’s pay and ensure that such fees are transmitted to the staff
member’s Association at regular intervals. Alternative arrangements for the
deduction of Association membership fees may be negotiated between the
Commissioner and the Association as a local arrangement.
43. Anti-Discrimination
43.1 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.
43.2 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.
43.3 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.
43.4 Nothing in this
clause is to be taken to affect:
(i) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(ii) offering or providing junior rates of pay to persons under
21 years of age;
(iii) any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to this award from pursuing matters of unlawful
discrimination in any State or federal jurisdiction.
43.5 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.
44. Progression
Progression through the incremental range is dependent upon
completion of 12 months satisfactory conduct and service on each step of the
scale.
Provided that the first year of service shall be a
probationary period and the officer’s conduct and performance shall be subject
to review and report at 3 monthly intervals.
Promotional positions within the Police Band will be filled
by way of open competitive selection upon the occurrence of a vacancy. The following procedure stipulates the method
by which officers will be appointed to promotional positions and ensures that
such appointments are based on merit selection principles.
44.1 Advertisement
Action
All promotional positions will be advertised in the
Police Monthly. The advertisement will provide the criteria by which culling
and selection will be determined.
Advertisements will clearly state the requirements of
the positions and will detail essential and desirable qualifications in line
with the Position Overview (formerly known as a Statement of Duties and
Accountabilities). The content of the
advertisement will inform applicants of the skills and abilities necessary to
perform the duties of the position. The
closing date for applications will be not less than three weeks following the
date of publication.
44.2 Selection
Committee
A selection committee of identical composition to that
required for any vacant Administrative Officer position in the NSW Police Force
will be established and will assume responsibility for assessing the
comparative merit of each applicant and recommending the candidate with the
greatest merit.
Merit is decided by reference to the abilities,
qualifications, experience, standard of performance and personal qualities of
an applicant relative to the position.
44.3 Convenor
A convenor of the selection committee will be
nominated. The role of the convenor will include ensuring that no member of the
committee has any bias toward any of the applicants, and that the selection
process does not involve any unfair questioning or assessment of applicants.
The convenor will also undertake the administrative
work associated with the selection process.
44.4 Culling of
Applications
A cull will be conducted by the Committee based on the content
of the advertisement and the Position Overview.
The purpose of the cull is to exclude applicants who on
the basis of the application do not demonstrate that they satisfy the essential
requirements of the advertisement or who show evidence that their
qualifications and experience are not as competitive as other applicants.
44.5 Notice of
Interview
Applicants will be given at least 3 clear working days notice of interview. Interviews should be held within 10 working
days of the closing date of applications.
44.6 Attendance at
Interview
Where an officer is rostered for work at the time of
interview they shall be granted special leave without loss of pay to
attend. Provided however that where an
officer is rostered off duty at the time of the interview then attendance at
interview shall be without pay. Every effort shall be made to roster officers
on duty to facilitate their attendance at interview.
44.7 Selection
Committee Report
The Selection Committee will be required to produce a
written report on the selection process specifically detailing reasons for
selection and non-selection.
44.8 Approving
Officer
The Assistant Commissioner, Human Resources shall under
delegation from the Commissioner be the Approving Officer. Notification of
successful applicants to promotional positions shall be published at the
earliest possible opportunity in the Police Monthly.
44.9 Services Check
A check of the conduct and services of the recommended
officer will be made with their supervising officer.
45. Study Assistance
45.1 The Commissioner
shall have the power to grant or refuse study time.
45.2 Where the
Commissioner approves the grant of study time, the grant shall be subject to:
45.2.1 The course being a
course relevant to the NSW Police Force and/or the public service;
45.2.2 The time being
taken at the convenience of the NSW Police Force; and
45.2.3 Paid study time
not exceeding a maximum of 4 hours per week, to accrue on the basis of half an
hour for each hour of class attendance.
45.3 Study time may
be granted to both full and part-time staff members. Part-time staff members however shall be
entitled to a pro-rata allocation of study time to that of a full-time staff
member.
45.4 Study time may be
used for:
45.4.1 Attending
compulsory lectures, tutorials, residential schools, field days etc., where
these are held during working hours; and/or
45.4.2 Necessary travel
during working hours to attend lectures, tutorials etc., held during or outside
working hours; and/or
45.4.3 Private study;
and/or
45.4.4 Accumulation,
subject to the conditions specified in subclauses 45.6 to 45.10 of this clause.
45.5 Staff members
requiring study time must nominate the type(s) of study time preferred at the
time of application and prior to the proposed commencement of the academic
period. The types of study time are as follows:-
45.5.1 Face-to-Face -
Staff members may elect to take weekly and/or accrued study time, subject to
the provisions for its grant.
45.5.2 Correspondence -
Staff members may elect to take weekly and/or accrued study time, or time off
to attend compulsory residential schools.
45.5.3 Accumulation -
Staff members may choose to accumulate part or all of their
study time as provided in subclauses 45.6 to 45.10 of this clause.
45.6 Accumulated
study time may be taken in any manner or at any time, subject to operational
requirements of the NSW Police Force.
45.7 Staff members on
rotating shifts may accumulate study time so that they can take leave for a
full shift, where this would be more convenient to both the staff member and
the NSW Police Force.
45.8 Where at the
commencement of an academic year/semester a staff member elects to accrue study
time and that staff member has consequently foregone the opportunity of taking
weekly study time, the accrued period of time off must be granted even if
changed work circumstances mean absence from duty would be inconvenient.
45.9 Staff members
attempting courses which provide for annual examinations, may vary the election
as to accrual, made at the commencement of an academic year, effective from 1st
July in that year.
45.10 Where a staff
member is employed after the commencement of the academic year, weekly study
time may be granted with the option of electing to accrue study time from 1st
July in the year of entry on duty or from the next academic year, whichever is
the sooner.
45.11 Staff members
studying in semester based courses may vary their election as to accrual or
otherwise from semester to semester.
45.12 Correspondence
Courses - Study time for staff members studying by correspondence accrues on
the basis of half an hour for each hour of lecture/tutorial attendance involved
in the corresponding face-to-face course, up to a maximum grant of 4 hours per
week. Where there is no corresponding face-to-face course, the training
institution should be asked to indicate what the attendance requirements would
be if such a course existed.
45.13 Correspondence students
may elect to take weekly study time and/or may accrue study time and take such
accrued time when required to attend compulsory residential schools.
45.14 Repeated subjects
- Study time shall not be granted for repeated subjects.
45.15 Expendable grant -
Study time if not taken at the nominated time shall be forfeited. If the
inability to take study time occurs as a result of a genuine emergency at work,
study time for that week may be granted on another day during the same week.
45.16 Examination Leave
- Examination leave shall be granted as special leave for all courses of study
approved in accordance with this clause.
45.17 The period granted
as examination leave shall include:
45.17.1 Time
actually involved in the examination;
45.17.2 Necessary
travelling time, in addition to examination leave,
but is limited to a maximum of
5 days in any one year. Examination leave is not available where an examination
is conducted within the normal class timetable during the term/semester and
study time has been granted to the staff member.
45.18 The examination
leave shall be granted for deferred examinations and in respect of repeat
studies.
46. Public Interest
46.1 The parties
agree that any provision of this Award may be suspended by the Commissioner of
Police where emergency circumstances or the public interest require that they
be varied temporarily.
46.2 The Commissioner
of Police reserves the right to apply to vary, after first consulting with the
Association, any of the provisions of the Award which the Commissioner
considers are no longer appropriate when regard is had to similar provisions
then applying to non-commissioned police officers.
47. NSW Police Force
Police Band Consultative Committee
47.1 It is intended
for the purpose of this agreement to establish a forum within which matters
concerning the formation of policy and procedures may be addressed.
47.2 The parties
agree that members of the Committee should include 3 representatives from the
NSW Police Force (one being the Commander, NSW Police Force Band or nominee,
the second being a further nominee of the Commander, NSW Police Force Band, and
the third being a nominee of the Director, Public Affairs Branch); a
representative of the Association and 2 delegates.
47.3 This Committee
shall meet on a needs basis within one week at the request of either party, or
other agreed time frame.
48. Secure Employment
48.1 Work Health and
Safety
48.1.1 For the purpose 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.
48.1.2 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.
48.1.3 Nothing in this
subclause 49.1 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.
48.2 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
disputes settlement procedure of this award.
48.3 This clause has
no application in respect of organisations which are properly registered as
Group 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.
49. Area, Incidence
and Duration
49.1 This Award
applies to all officers defined herein.
49.2 It shall take
effect on and from 1 May 2018 with the exception of the rates of pay and
allowances prescribed under PART B, Monetary Rates, which shall take effect
from the dates specified in that Part, or where otherwise stated in the Award.
49.3 This Award
rescinds and replaces the Crown Employees (NSW Police Force Police Band) Award
published 21 October 2016 (380 I.G. 1219) as varied.
This Award remains in force until varied or rescinded, the
period for which it was made having already expired.
49.3 Except where
inconsistent with this Award, the provisions of any other existing Agreement or
Determination will continue to apply.
PART B
MONETARY RATES
Table 1 - Salaries
Effective from the first full pay period
to commence on or after 1 July 2017.
In addition to the salaries prescribed in Column 1, officers
shall be paid a loading in accordance with Column 2 for work performed on
weekends and other incidents of employment not otherwise provided for elsewhere
in this award.
(a) Musicians
(Police Band)
Musicians (Police
Band)
|
$ per annum
|
$ per annum
|
$ per annum
|
|
Column 1 Base
|
Column 2 Loading
|
Column 3 Total
|
|
|
(10%)
|
|
1st year of service
|
59,097
|
5,910
|
65,007
|
2nd year of service
|
60,151
|
6,015
|
66,166
|
3rd year of service
|
61,187
|
6,119
|
67,306
|
4th year of service
|
62,305
|
6,231
|
68,536
|
5th year of service
|
65,240
|
6,524
|
71,764
|
6th year of service and thereafter
|
66,373
|
6,637
|
73,010
|
(b) Senior
Musicians (Police Band)
Senior Musicians (Police Band)
|
$ per annum
|
$ per annum
|
$per annum
|
|
Column 1 Base
|
Column 2 Loading
|
Column 3 Total
|
|
|
(10%)
|
|
1st year of service and thereafter
|
68,870
|
6,887
|
75,757
|
Table 2 - Other Rates and Allowances
Item
No.
|
Clause
No.
|
Subject Matter
|
Amount $
|
|
|
|
Effective from the
first full pay period on or after
|
|
|
|
1.7.2017
|
1
|
9
|
Doubling Allowance
|
1096 per annum
|
2
|
13
|
Shift Work Allowance -
|
Effective from the
first full pay period on or after
|
|
|
|
1.7.2017
|
|
Shift
|
Shift Commencing Time
|
|
|
A
|
At or after 1 pm and before 4 pm
|
41.38
|
|
B
|
At or after 4pm and before 4am
|
48.28
|
|
C
|
At or after 10am and before 1pm
|
27.59
|
|
C
|
At or after 4am and before 6am
|
27.59
|
P.
KITE, Chief Commissioner.
____________________
Printed by the authority of the Industrial Registrar.