Crown
Employees (NSW Police Force Special Constables) (Security) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1663 of 2007)
Before Commissioner
Murphy
|
17 March 2008
|
REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Wages
4. Wages
Packaging Arrangements, Including Wages Sacrifice to Superannuation
5. Anti-Discrimination
6. Progression
7. Future
Adjustments
8. Mixed
Functions
9. Hours
10. Shift Work
Allowance
11. Saturday
and Sunday Work During Ordinary Hours
12. Flexible
Rosters
13. Night
Shifts
14. Commencing
Times
15. Overtime
16. Part-time
Employment
17. Casual
Employment
18. Shift
Allowances - Part Time and Casual Officers
19. Volunteer
Duty
20. Leave
21. Public
Holidays
22. Training
and Development
23. Introduction
of New Technology
24. Introduction
of Change
25. Disputes/Grievance
Settlement Procedure
26. Special
Constable (Security) Consultative Committee
27. Uniforms
28. Disciplinary
Guidelines
29. Deduction
of Union Membership Fees
30. Secure
Employment
31. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
1. Title
This award shall be known as the Crown Employees (NSW Police
Force Special Constables) (Security) Award.
2. Definitions
(a) "Officer"
means and includes all persons employed as Special Constables (Security) by the
NSW Police Force who, as at 30 July 1997, were occupying one of such positions
or who, after that date, were 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 Special Constable (Security).
(e) "Special
Constable (Security)" when used in the appropriate context may refer to
all positions of Special Constables (Security) including promotional positions.
(f) "Part Time
Special Constable (Security)" means an officer employed under the
provisions of clause 16, Part-time Employment, of this award.
(g) "Casual
Special Constable (Security)" means an officer employed under the
provisions of clause 17, Casual Employment, of this award.
(h) "Association"
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
(i) "Award"
means the Crown Employees (NSW Police Force Special Constables) (Security)
Award.
3. Wages
An officer shall, according to the position held and years
of service, be paid a weekly wage of not less than the amounts as set out in
Table 1 - Wages, of Part B, Monetary Rates.
4. Wage Packaging
Arrangements, Including Wages Sacrifice to Superannuation
4.1 The entitlement
to wage package in accordance with this clause is available to:
(a) full-time and
part-time officers; and
(b) casual officers,
subject to New South Wales Police Force convenience, and limited to wage
sacrifice to superannuation in accordance with subclause 4.7.
4.2 For the purposes
of this clause:
(a) "wage"
means the rate of pay prescribed for the officer’s classification by clause 3,
Wages, of this Award, and any other payment that can be salary packaged in
accordance with Australian taxation law.
(b) "post
compulsory deduction wage" means the amount of wage available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll
deductions may include, but are not limited to, taxes, compulsory
superannuation payments, HECS payments, child support payments, and judgement debtor/garnishee
orders.
4.3 By mutual agreement
with the Commissioner, an officer may elect to package a part or all of their
post compulsory deduction wage 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 wage, and the amount specified by the
Commissioner for the benefit provided to or in respect of the officer in
accordance with such agreement.
4.4 An election to
wage package must be made prior to the commencement of the period of service to
which the earnings relate.
4.5 The agreement
shall be known as a Wage Packaging Agreement.
4.6 Except in
accordance with subclause 4.7, a Wage 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 Wage Packaging
Agreement.
4.7 Where an officer
makes an election to sacrifice a part or all of their post compulsory deduction
wage 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 New
South Wales Police Force agreement, paid into another complying superannuation
fund.
4.8 Where the
officer makes an election to wage sacrifice, the employer shall pay the amount
of post compulsory deduction salary, the subject of election, to the relevant
superannuation fund.
4.9 Where the
officer makes an election to wage 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 New South Wales Police Force must ensure that the
officer’s superable wage for the purposes of the above Acts, as notified to the
SAS Trustee Corporation, is calculated as if the Wage Packaging Agreement had
not been entered into.
4.10 Where the officer
makes an election to wage package, and where the officer is a member of a
superannuation fund other than a fund established under legislation listed in
subclause 4.9 of this clause, the New South Wales Police Force must continue to
base contributions to that fund on the wage payable as if the Wage Packaging
Agreement had not been entered into. This clause applies even though the
superannuation contributions made by the New South Wales Police Force may be in
excess of superannuation guarantee requirements after the wage packaging is
implemented.
4.11 Where the officer
makes an election to wage package:
(a) subject to
Australian Taxation law, the amount of wage packaged will reduce the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
(b) any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an 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 of pay
which would have applied to the officer under clause 3, Wages, or Part B of
this Award if the Wage Packaging Agreement had not been entered into.
4.12 The New South
Wales 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 Wage
Packaging Agreement from date of such variation.
4.13 The New South
Wales Police Force will determine from time to time the value of the benefits
provided following discussion with the Association. Such variations shall apply to any existing or future Wage
Packaging Agreement from the date of such variation. In this circumstance, the
officer may elect to terminate the Wage Packaging Agreement.
5.
Anti-Discrimination
5.1 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.
5.2 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.
5.3 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.
5.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
5.5 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.
6. 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 for Special
Constables (Security) shall be a probationary period and the officer's conduct
and performance shall be subject to review and report at 3 monthly intervals.
The positions of Senior Special Constable (Security) are
promotional positions, which will be filled by way of open competitive
selection upon the occurrence of a vacancy. The following procedure stipulates
the method by which Special Constables (Security) will be appointed to
promotional positions and ensures that such appointments are based on merit
selection principles.
6.1 Advertisement
Action
All promotional positions will be advertised in the
Police Weekly. 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.
6.2 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.
6.3 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.
6.4 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.
6.5 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.
6.6 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.
6.7 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.
6.8 Approving
Officer
The Director, 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 Weekly.
6.9 Services Check
A check of the conduct and services of the recommended
officer will be made with their supervising officer.
6.10 Right of Appeal
The Parties acknowledge that a right of appeal in
relation to promotional positions lies to the Government and Related Employees
Appeal Tribunal (GREAT).
7. Future Adjustments
The parties recognise that the wages prescribed in Table 1 -
Wages, of Part B, Monetary Rates, establish a wages structure for Special
Constables (Security). Should there be
a variation to the Crown Employees (Public Sector - Salaries 2007) Award, or
any 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.
8. Mixed Functions
Where a Special Constable (Security) is directed to and
performs the duties of a promotional position which attracts a higher rate of
pay for at least two hours on any day or shift they shall be paid the higher
rate for such day or shift; provided that where an officer is engaged in the
performance of higher duties for less than two hours on any one day or shift,
payment shall be at the higher rate for the time so worked. The higher rate
applicable shall be that which applies at the first year rate of pay for such promotional
positions.
Any officer who is required to perform work temporarily for
which a lower rate is paid, shall not suffer any reduction in wages whilst so
employed. There shall be no payment of higher duties allowances arising from
the operation of the 38 hour week.
9. Hours
(a) General
9.1 Except as
provided in clause 16, Part Time Employment, and clause 17, Casual Employment
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.
9.2 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.
(b) 38 Hour Week
Operation
9.3 The 38 hour week
is to be worked on the basis of a rostered day off per month in each 20 working
days. This means that the officer
accrues 0.4 of an hour each 8 hour shift towards having the 20th day off with
pay.
9.4 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. Where there are seasonal or other
considerations affecting NSW Police Force activities, rostered days off may be
accrued in order to be taken in some normally less active period related to
those considerations.
9.5 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 leave, 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.
9.6 Starting and
finishing times are to be strictly observed with no afternoon tea break.
9.7 Wages and
salaries will be paid into banking or other accounts.
9.8 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.
9.9 Where loadings
are included as part of salary in respect of hours of work no increase in the
quantum or percentage of the loading shall occur as a result of the reduction
in working hours.
9.10 All restrictive
work practices are to be eliminated.
10. Shift Work
Allowance
Except as provided for under clause 18, Shift Allowances -
Part Time and Casual Officers of this award, full time Special Constables
(Security) who are required from time to time to work their ordinary hours of
employment from 3.00 pm to 7.00 am Monday to Friday, shall be paid an allowance
per week in addition to their ordinary rate of pay in accordance with the rates
set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates. Provided that where an officer is absent on Sick Leave for a Monday to
Friday shift, the above allowance shall be reduced by 1/5th for each shift or
part of a shift so absent. Except as provided above and in clause 15, Overtime
of this award, such additional sum shall be part of the ordinary rate of pay
for all purposes of the employment.
11. Saturday and
Sunday Work During Ordinary Hours
Except as provided for under clause 18 Shift Allowances -
Part Time and Casual Officers of this award, full time Special Constables
(Security) who are required from time to time to work their ordinary hours of
employment on both Saturday and Sunday shall be paid an allowance per week as
set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, which shall be in addition to their ordinary rate of pay in accordance
with the rates contained in this clause. Provided that where an officer is
absent on Sick Leave for a Saturday or Sunday shift, the above allowance shall
be reduced by one half for each shift or part of a shift so absent. Except as provided above and in clause 15,
Overtime of this award, such additional sum shall be part of the ordinary rate
of pay for all purposes of the employment.
12. Flexible Rosters
Notwithstanding clause 9, Hours of this award, the parties
agree that where the majority of Special Constables (Security) in a given
location or locations agree and the Commander, Security Management Unit 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.
The conditions of any such trial shall be in accordance with
the Parameters for Flexible Rostering, Administrative Officers and Ministerial
Employees, Etc., and the Guidelines for the Taking and Recording of Leave,
Etc., Administrative Officers and Ministerial Employees, Etc.
13. Night Shifts
Under normal rostering practices Special Constables
(Security) shall not be rostered to work more than seven (7) night shifts,
(i.e., a full shift commencing at or after 4.00 pm and before 4.00 am), in any
period of twenty-one (21) days, except in emergent circumstances as the roster
progresses.
Where in emergent circumstances a Special Constable
(Security) is required to work more than seven (7) night shifts in any period
of twenty-one (21) days, no additional payment will follow.
14. Commencing Times
On the basis of long standing concession and practice,
whilst ever standard 8 hour shifts are worked, the commencing times of rostered
shifts will generally be 6.30 am, 2.30 pm and 10.30 pm. Provided that no
additional penalties shall apply and no overtime is to accrue unless a Special
Constable (Security) coming off shift is requested to remain past the usual
commencing times of 7.00 am, 3.00 pm and 11.00 pm, respectively. Provided
further that where the needs of the work so require, commencing times as
appropriate may be required.
15. Overtime
15.1 Subject to
subclause 15.2 of this clause, the NSW Police Force may require an officer to
work reasonable overtime at overtime rates.
15.2 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:
(a) any risk to
officer health and safety;
(b) the officer’s
personal circumstances including any family responsibilities;
(c) the needs of the
workplace or enterprise;
(d) the notice (if
any) given by the Commander, Security Management Unit of the overtime and by
the officer of his or her intention to refuse it; and
(e) any other
relevant matter.
15.3 With the
exception of work performed under the provisions of clause 19, Volunteer Duty
of this award, all work performed outside the ordinary rostered hours of duty
shall be paid as follows:
(a) For all work
performed outside the ordinary rostered hours the rate of pay shall be time and
one half for the first two hours and double time thereafter. Provided that in computing overtime each
days work shall stand alone.
(b) All overtime
worked on Sundays shall be paid for at the rate of double time.
(c) All overtime
worked on a Public Holiday shall be paid for at the rate of double time and one
half.
(d) Provided that
the allowances prescribed in clauses 10, 11 and 18 of this award shall be
disregarded in computing payments for overtime worked.
(e) Meal Allowance -
after working ordinary hours an officer required to work overtime in excess of
one hour shall be paid an amount as set out in Item 3 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates, for a meal as set out in the said
Item 3 for a subsequent meal after the officer has worked a further 4 hours
overtime, unless notice of work has been given to such officer on or before the
termination of the previous shift or day worked as the case may be.
16. Part Time
Employment
16.1 The parties agree
that Special Constables (Security) may be employed on a part time basis for a
period less than 38 hours in any one week.
16.2
(a) Part time
Special Constables (Security) shall be paid an hourly rate calculated on the
following basis:
(b) Provided that
the weekly rate on engagement shall be that applying to a First Year Special
Constable (Security) as set out in Table 1 - Salaries, of Part B, Monetary
Rates.
(c) Provided further
that a part time Special Constable (Security) shall be eligible to receive a
pro rata (based on hours worked) of the appropriate increment as set out in
Table 1 - Salaries, of Part B, Monetary Rates, subject to the completion of
each 12 months of satisfactory service.
16.3 Shift times for
part time officers and the days on which such shifts shall be worked will be
set and regular.
16.4 Notwithstanding
the provisions of subclause 16.3 of this clause, the times and days on which
part time officers shall work their hours and shifts may be altered by providing
24 hours notice to facilitate the attendance of Special Constables (Security)
where required.
16.5 Where a Public
Holiday falls on a day on which a part time officer is normally rostered for
duty they may be:
(a) Rostered on duty
- and paid at the rate of time and one half (150%) in addition to the rate
prescribed in subclause 16.2 of this clause.
(b) Granted the
shift free of work - such a shift shall count as one days work for that week
but no additional compensation shall apply.
16.6 Overtime for part
time officers. In the unusual event that overtime is to be worked by a part
time officer, the overtime rates prescribed in clause 15 of this award shall
apply.
(a) Overtime shall
only apply to those hours worked in excess of the daily rostered hours but
shall only apply in any event after 8 hours has been worked on any one day. For
work on days other than the days on which the part time officer was rostered to
work their usual hours, the standard hourly rate shall apply to all hours up to
8 per day, after which time overtime rates shall apply. Overtime rates shall
also apply for all hours worked in excess of 38 in any rostered week.
(b) Provided however
that where the parties have agreed to the working of a flexible roster system
in line with clause 12 of this award then overtime shall only be payable after
the agreed standard shift hours applying to full time officers under the
flexible roster have been worked.
16.7 Entitlements for
part time officers shall be calculated on a pro rata basis.
16.8 Part time Special
Constables (Security) are remunerated on the basis of a 38 hour per week
divisor and thus will not accrue time towards the provision of a rostered day
off in every 20 working day cycle in accordance with the 38 hour week agreement
applying to full time Special Constables (Security).
17. Casual Employment
The parties agree that Special Constables (Security) may be
employed on a casual basis.
17.1 A Casual Special
Constable (Security) shall mean an officer who is engaged and paid as such.
(a) Casual Special
Constables (Security) shall be paid for each hour worked an hourly rate equal
to one 38th of the rate applicable to a Special Constable (Security), 1st year
of service as set out in Table 1 - Salaries, of Part B, Monetary Rates, plus a loading
of 10%.
(b) A casual officer
shall in addition be paid a loading of 1/12th for all ordinary hours worked in
lieu of Annual Leave.
(c) A minimum
payment of 3 hours at the appropriate rate shall be made for each engagement.
(d) Overtime - In
the unusual event that overtime is worked by a casual officer the overtime
rates prescribed in clause 15 of this award shall apply. Such rates shall be
calculated on the rate prescribed in paragraph (a) of this subclause. Provided
that overtime shall only apply to those hours worked in excess of 8 in any one
day.
Provided however that where the parties have agreed to
the working of a flexible roster system in line with clause 12, Flexible
Rosters, of this award then overtime rates shall only be payable after the
agreed standard shift hours applying to full time officers under the flexible
roster have been worked.
(e) A casual officer
shall be paid for all hours worked and shall not with the exception of
paragraph (b) of this subclause, accrue an entitlement to any form of leave.
17.2 The employment of
existing Special Constables (Security) shall not be prejudiced by the
employment of any Casual Special Constable (Security).
17.3 The parties agree
that casuals will only be utilised in situations where a commitment to the
provision of security services is in place, but the day to day requirements for
such services can fluctuate or change at the instigation of the management of
any such place where the security is provided, and any such change is beyond
the control of the management of the Security Management Unit of the NSW Police
Force or the Special Constables (Security) themselves.
Provided that in any other situation where Special
Constables (Security) are generally not available to work required overtime, the
services of casuals may be utilised in such circumstances.
17.4 Casual officers
are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial
Relations Act 1996. The following
provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
The Commissioner must not fail to re-engage a regular
casual officer (see section 53(2) of the Act) because:
(a) the officer or
officer’s spouse is pregnant; or
(b) the officer is
or has been immediately absent on parental leave.
The rights of the Commissioner in relation to
engagement and re-engagement of casual officers are not affected, other than in
accordance with this clause.
17.5 Personal Carers
entitlement for casual officers
(a) Casual officers
are entitled to not be available to attend work, or to leave work if they need
to care for a family member who is sick and requires care and support, or who
requires care due to an unexpected emergency, or the birth of a child. This
entitlement is subject to the evidentiary requirements set out in paragraph (d)
of this subclause, and the notice requirements set out in paragraph (e) of this
subclause.
(b) The Commissioner
and the casual officer shall agree on the period for which the officer will be
entitled to not be available to attend work. In the absence of agreement, the
officer is entitled to not be available to attend work for up to 48 hours (i.e.
two days) per occasion. The casual officer is not entitled to any payment for
the period of non-attendance.
(c) The Commissioner
of Police must not fail to re-engage a casual officer because the officer
accessed the entitlements provided for in this clause. The rights of the
Commissioner to engage or not to engage a casual officer are otherwise not
affected.
(d) The casual
officer shall, if required,
(i) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(ii) establish by
production of documentation acceptable to the Commissioner or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the officer.
In normal circumstances, a casual officer must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
17.6 Bereavement
entitlements for casual officers
(a) Casual officers
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence.
(b) The Commissioner
and the casual officer shall agree on the period for which the officer will be
entitled to not be available to attend work. In the absence of agreement, the
officer is entitled to not be available to attend work for up to 48 hours (i.e.
two days) per occasion. The casual officer is not entitled to any payment for
the period of non-attendance.
(c) The Commissioner
must not fail to re-engage a casual officer because the officer accessed the
entitlements provided for in this clause. The rights of the Commissioner to
engage or not engage a casual officer are otherwise not affected.
18. Shift Allowances,
Part Time and Casual Officers
Part time and Casual officers engaged under clause 16, Part
Time Employment, and clause 17, Casual Employment of this award, shall in lieu
of the allowances prescribed in clauses 10 and 11 of this award, be paid the
following shift loadings for the ordinary hours so worked.
18.1 Shifts Monday to
Friday
10% loading
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(i)
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A shift commencing at or after 4.00 am and before 6.00 am;
or
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(ii)
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A shift commencing at or after 10.00 am and before 1.00
pm.
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12½% loading
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A shift commencing at or after 1.00 pm and before 4.00 pm.
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15% loading
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A shift commencing at or after 4.00 pm and before 4.00 am.
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18.2 Weekends and
Public Holidays
Irrespective of the time a shift commences on a
Saturday, Sunday or Public Holiday, the hours worked on an ordinary shift on
such days will attract loadings as follows:
50% loading
|
For all time worked between midnight Friday and midnight
Saturday
|
|
|
75% loading
|
For all time worked between midnight Saturday and midnight
Sunday.
|
|
|
150% loading
|
For all time worked on a Public Holiday.
|
18.3 Shift, weekend
and public holiday loadings are not cumulative.
18.4 The above
loadings shall be disregarded in computing payments for overtime under clause
15 of this Award.
19. Volunteer Duty
The parties agree that in situations where casual officers
would otherwise be used to meet staffing requirements, full time officers may
volunteer to perform additional duty in lieu of such casual engagements. Provided that:
19.1 Officers at or
below the rank of Special Constable (Security) First Class who are on rest days
or who are available to work extra duty at the completion of a shift or prior
to the commencement of a shift may volunteer to perform additional duty as
required.
Provided that an officer shall not be eligible to
perform additional duty under the terms of this clause, where the performance
of such work would prevent them from having a full 8 hours free of duty between
their normal rostered shifts.
19.2 When an officer
performs additional duty under the provisions of this clause they shall be paid
for all hours worked on such duty at the rate of single time.
19.3 An officer
performing additional duty under the provisions of this clause shall not be
entitled to the provisions of clauses 10, 11, 15 and 21 of this award for any
work so performed.
19.4 Where full time
officers volunteer and are available to perform additional duty within the
terms of this clause the parties agree that they shall be utilised in
preference to casual officers.
The parties further agree that the provisions of this
clause are an innovative arrangement, which is implemented for the life of this
award.
20. Leave
The Uniform Leave Conditions for Ministerial Employees shall
apply provided that full time officers shall be entitled to five (5) weeks
recreation leave per annum.
Part time officers engaged under clause 16 of this award and
who normally work Monday to Saturday shall receive a pro rata of four (4) weeks
recreation leave per annum based on hours worked. Those part time officers who
normally work Monday to Sunday and whose services are normally required on
public holidays shall receive a pro rata of five (5) weeks recreation leave per
annum based on hours worked. Any change
to the part time arrangement will result in a change of entitlement.
As a general principle recreation leave 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.
Consistent with the Personnel Handbook of the NSW Public
Service, the parties agree that a block of two weeks recreation leave shall be
taken each leave year unless insufficient paid leave is available.
The NSW Industrial Relations Commission’s Family Provisions
Case 2005 applies to officers in relation to Carers Leave and Parental Leave.
The Enhanced Conditions relating to Maternity, Adoption,
Parental and Extended Leave from the settlement of the Association’s 2004 Pay
Case apply to officers (refer Premiers
Department Circular 2004 - 45).
21. Public Holidays
Full time Special Constables (Security) shall be paid for
Public Holidays as follows:
21.1 Where a Public
Holiday occurs on an officers rest day off duty and -
(a) they are not
required to work on that day, one day extra shall be added to the annual leave
of the officer or at the officer’s election they shall be paid 8 hours ordinary
pay in respect of such day;
(b) they are
required to work on that day such officer shall be paid double time and one
half for such overtime.
21.2 Where a Public
Holiday occurs on an officers rostered day on duty they may be -
(a) required to work
- in which case they shall be paid at the rate of time and a half extra
calculated on the ordinary base rate of pay or half time extra and be granted
one day extra to be added to their annual leave;
(b) granted the
shift free of work - such a shift will count as one days work for that week but
no additional compensation shall apply.
22. Training and
Development
The parties recognise the professional obligations of all
Special Constables (Security) to ensure that they remain abreast of changes and
developments in the security field as they relate to their duties. To this end the NSW Police Force will
provide a comprehensive training program for Special Constables (Security)
generally and for those occupying promotional positions.
All officers will be actively encouraged to participate in
other staff development courses to improve their own development and individual
competencies.
23. Introduction of
New Technology
The parties agree to co-operate fully in the implementation
and/or trialing of new technology, which may become available to assist in the
provision of security services.
24. Introduction of
Change
The parties agree to co-operate fully through the Special
Constables (Security) Consultative Committee in the implementation and/or trialing
of change in respect of the employment or organisation of Special Constables
(Security) with the objective of ensuring the most efficient, effective and
productive use of resources.
25.
Disputes/Grievance Settlement Procedure
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:
25.1 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.
25.2 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.
25.3 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 Association delegate or
workplace representative and the Commander, Security Management Unit or
nominee.
25.4 If the
dispute/grievance remains unresolved the officer/s, local delegate or workplace
representative or Commander, Security Management Unit may refer the matter to
Anti Terrorism and Security Group for discussion between the Commander 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.
25.5 If the
dispute/grievance is not resolved at that stage the matter is to be referred to
the Industrial Relations Branch 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.
The matter will only be referred to the Industrial
Relations Commission if:
(a) The final
decision of the Commissioner of Police does not resolve the dispute/grievance;
or
(b) The final
position of the Commissioner of Police is not given within five working days
from the date of referral of the matter to the Industrial Relations Branch, or
other agreed time frame.
At no stage during a dispute that specifically relates
to this award may any stoppage of work occur or any form of ban or limitation
be imposed.
In cases where a dispute is premised on an issue of
safety, consultation between the Association and the Industrial Relations
Branch should be expedited. The status quo shall remain until such matter is
resolved.
The whole concept of a dispute settlement procedure is
to resolve disputation at the level as close as possible to the source of
disputation.
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.
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.
26. Special Constable
(Security) Consultative Committee
It is intended for the purpose of this award to establish a
forum within which matters concerning the formation of policy and procedures
may be addressed.
The parties agree that members of the Committee should
include a representative from the Security Management Unit; Anti Terrorism and
Security Group, a representative of the Association and one delegate.
This Committee shall meet on a needs basis within one week
at the request of either party, or other agreed time frame.
27. Uniforms
Suitable uniforms of good quality as approved by the
Commissioner of Police shall be provided to all Special Constables (Security)
on the following basis:
27.1 Initial Issue
Full Time Officers
All full time Special Constables (Security) recruited
to the NSW Police Force shall be issued with the following items of uniform:
MALE OFFICERS
|
FEMALE OFFICERS
|
|
|
One (1) set of Basket Weave
|
One (1) Set of Basket Weave
|
Leather Gear
|
Leather Gear
|
One (1) Leather Duty Jacket
|
One (1) Leather Duty Jacket
|
Two (2) Jumpers
|
Two (2) Jumpers
|
Four (4) Pairs of Trousers
|
One (1) Raincoat
|
Eight (8) Shirts
|
Four (4) Pairs of Culottes
|
Two (2) Ties
|
Two (2) Pairs of Slacks
|
Two (2) Pairs of Boots
|
Eight (8) Blouses
|
One (1) Wide-brimmed Hat
|
One (1) Wide-brimmed Hat
|
One (1) Wide-brimmed Hat
|
One (1) Wide-brimmed Hat
|
Cover
|
Cover
|
One (1) Antron Cap
|
Two (2) Pairs of Boots
|
One (1) Raincoat
|
One (1) Dress Hat
|
One (1) Cap Cover
|
One (1) Dress Hat Cover
|
Seven (7) Pairs of Socks
|
Two (2) Ties
|
|
Three (3) Pairs of Socks
|
(a) Annual Issue
All full time male Special Constables (Security) shall
be issued in their second and subsequent years of service, with seven (7) pairs
of socks. All full time female Special Constables (Security) shall be issued,
in their second and subsequent years of service, with three (3) pairs of socks.
(b) Stocking
Allowance
All full time female Special Constables (Security)
shall, in addition to the uniform issued above, be paid a stocking allowance
equal to that paid to female Police Officers under clause 56 of the Crown
Employees (Police Officers - 2005) Award.
27.2 Initial Issue
Part Time Officers
All part time Special Constables (Security) recruited
to the NSW Police Force shall be issued with the following items of uniform:
MALE OFFICERS
|
FEMALE OFFICERS
|
|
|
One (1) set of Basket Weave
|
One (1) Set of Basket Weave
|
Leather Gear
|
Leather Gear
|
One (1) Leather Duty Jacket
|
One (1) Leather Duty Jacket
|
One (1) Jumper
|
One (1) Jumper
|
Two (2) Pairs of Trousers
|
One (1) Raincoat
|
Four (4) Shirts
|
Two (2) Pairs of Culottes
|
Two (2) Ties
|
One (1) Pair of Slacks
|
Two (2) Pairs of Boots
|
Four (4) Blouses
|
One (1) Wide-brimmed Hat
|
One (1) Wide-brimmed Hat
|
One (1) Wide-brimmed Hat cover
|
One (1) Wide-brimmed Hat cover
|
One (1) Antron Cap
|
Two (2) Pairs of Boots
|
One (1) Raincoat
|
One (1) Dress Hat
|
One (1) Cap Cover
|
One (1) Dress Hat Cover
|
Five (5) Pairs of Socks
|
Two (2) Ties
|
|
Two (2) Pairs of Socks
|
(a) Annual Issue
All part time male Special Constables (Security) shall
be issued in their second and subsequent years of service, with five (5) pairs
of socks. All part time female Special Constables (Security) shall be issued,
in their second and subsequent years of service, with two (2) pairs of socks.
(b) Stocking
Allowance
All part time female Special Constables (Security)
shall, in addition to the uniform issued above, be paid a stocking allowance
equal to a pro rata (based on days worked) of that paid to female Police
Officers under clause 56 of the Crown Employees (Police Officers - 2005) Award.
27.3 Initial Issue
Casual Officers
All casual Special Constables (Security) recruited to
the NSW Police Force shall be issued with the following items of uniform:
MALE OFFICERS
|
FEMALE OFFICERS
|
|
|
One (1) set of Basket Weave
|
One (1) Set of Basket Weave
|
Leather Gear
|
Leather Gear
|
One (1) Leather Duty Jacket
|
One (1) Leather Duty Jacket
|
One (1) Jumper
|
One (1) Jumper
|
Two (2) Pairs of Trousers
|
Two (2) Pairs of Culottes
|
Three (3) Shirts
|
One (1) Pair of Slacks
|
One (1) Tie
|
Three (3) Blouses
|
One (1) Pair of Boots
|
One (1) Pair of Boots
|
One (1) Antron Cap
|
One (1) Dress Hat
|
Three (3) Pairs of Socks
|
One (1) Ties
|
|
Two (2) Pairs of Socks
|
(a) Annual Issue
All casual male Special Constables (Security) shall be
issued in their second and subsequent years of service, with three (3) pairs of
socks. All casual female Special Constables (Security) shall be issued, in
their second and subsequent years of service, with two (2) pairs of socks.
(b) Stocking
Allowance
All casual female Special Constables (Security) shall,
in addition to the uniform issued above, be paid a stocking allowance equal to
a pro rata (based on days worked) of that paid to female Police Officers under
clause 56 of the Crown Employees (Police Officers - 2005) Award.
27.4 Condemnation
Except for the annual issue of socks, all items of
uniform will be replaced on condemnation only.
27.5 Plain Clothes
Allowance
Officers who are required to work in plain clothes as a
result of the unavailability of uniforms or pregnancy, shall be paid while so
required to work an allowance equal to a pro rata (based on days/hours worked
in plain clothes) of the allowance prescribed in clause 56 of the Crown
Employees (Police Officers - 2005) Award.
Provided that such an allowance shall not be payable
prior to the officer receiving the initial issue of clothing provided for in
subclauses 27.1, 27.2 and 27.3 of this clause.
28. Disciplinary
Guidelines
A similar and consistent approach to that outlined in the
NSW Police Administrative Officer Discipline Policy Guidelines and Procedures,
and the NSW Police Administrative Officer Remedial Performance Program Policy
and Procedures, will be applied to Special Constables (Security) employed by
the NSW Police Force.
29. Deduction of
Union Membership Fees
29.1 The Association
shall provide the NSW Police Force with a schedule setting out Association
fortnightly membership fees payable by members of the Association in accordance
with the Association’s rules.
29.2 The Association
shall advise the NSW Police Force of any change to the amount of fortnightly
membership fees made under its rules. Any variation to the schedule of
Association fortnightly membership fees payable shall be provided to the NSW
Police Force at least one month in advance of the variation taking effect.
29.3 Subject to
subclauses 29.1 and 29.2 of this clause, the NSW Police Force shall deduct
Association fortnightly membership fees from the pay of any officer who is a
member of the Association in accordance with the Association’s rules, provided
that the officer has authorised the NSW Police Force to make such deductions.
29.4 Monies so
deducted from the officer’s pay shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to officer’s Association membership accounts.
29.5 Unless other
arrangements are agreed to by the NSW Police Force and the Association, all
Association membership fees shall be deducted on a fortnightly basis.
29.6 Where an officer
has already authorised the deduction of Association membership fees from his or
her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the officer to make a fresh authorisation in order for such
deductions to continue.
30. Secure Employment
30.1 Occupational
Health and Safety
(a) For the purposes
of this subclause, the following definitions shall apply:
(i) 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.
(ii) 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.
(b) 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):
(i) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(ii) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(iii) 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
(iv) 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.
(c) Nothing in this
subclause30.1 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
30.2 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.
30.3 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
31. Area, Incidence
and Duration
31.1 This award shall
apply to Special Constables (Security) who are employed by the NSW Police Force
as at 30 July 1997 or who are subsequently employed. Except where inconsistent
with this award, the provisions of any other existing Determination or Award
will continue to apply.
31.2 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (NSW Police Special
Constables (Security)) Award published 15 April 2005 (350 I.G. 37) and all
variations thereof.
31.3 The changes made
to the award pursuant to section 19(6) of the Industrial Relations Act
1996 and Principle 26 of the Principles for Review of Awards made by the
Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G.
359) take effect on and from 17 March 2008.
31.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Wages
Effective from the first full pay period to commence on or
after 1 July 2007
An officer shall according to rank held and years of service
be paid a weekly wage of not less than the following:
(a) Special
Constable (Security)
|
Per Week
|
|
$
|
1st year of service
|
742.10
|
2nd year of service
|
754.90
|
3rd year of service and thereafter
|
769.50
|
Progression to the 2nd and 3rd year rate shall be dependent
upon completion of 12 months satisfactory service at the previous year's rate
of pay and satisfactory conduct.
(b) Special
Constable (Security) First Class
1st year of service and thereafter
|
$783.00
|
Providing that for progression to the position of Special
Constable (Security) First Class the officer has completed 12 months
satisfactory service at the 3rd year Special Constable (Security) level and the
Commissioner is of the opinion that the value of the work performed, the
results achieved and the manner in which the duties are performed warrant such
progression.
(c) Senior Special
Constable (Security)
1st year of service
|
$838.00
|
2nd year of service and thereafter
|
$856.50
|
(d) Special
Constable (Security), Field Supervisor
1st year of service
|
$958.40
|
2nd year of service and thereafter
|
$979.00
|
The parties agree that the final numbers and locations of
promotional positions is recognised as a management prerogative of the
Commissioner of Police.
The parties agree that confirmation of appointment to the
rank of Senior Special Constable (Security) shall be subject to the successful
completion of an appropriate supervisory course.
Table 2 - Other
Rates and Allowances
Item
|
Clause
|
Subject Matter
|
Amount
|
No.
|
No.
|
|
$
|
|
|
|
Effective from the
first full
|
|
|
|
pay period on or
after 1.7.2007
|
1
|
10
|
Full time Special Constables (Security),
|
50.60 per week
|
|
|
Monday to Friday Shift Allowance
|
|
2
|
11
|
Full time Special Constables (Security),
|
143.20 per week
|
|
|
Saturday and Sunday Shift Allowance
|
|
|
|
|
Effective from the first full pay
|
|
|
|
period on or after 30.7.1997
|
3
|
15.3(e)
|
Meal Allowance
|
6.00 per meal
|
|
|
Subsequent Meal Allowance after further
|
5.50 per meal
|
|
|
4 hours overtime
|
|
J.
P. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.