Crown Employees (NSW Police Force Police Band)
Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Commissioner of Police.
(Case No. 309230 of 2018)
Before Chief Commissioner Kite
|
18 October 2018
|
VARIATION
1. Delete clause
8, Future Adjustments, of the award published 22 June 2018 (383 I.G. 26) and
insert in lieu thereof the following:
8. Future Adjustments
Should there be a variation to the Crown Employees (Public
Sector - Salaries 2018) 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.
2. Insert after clause
26, Recreation Leave, the following new clause 27, Annual Leave Loading and
renumber existing clauses accordingly.
27. Annual Leave
Loading
27.1 General - Unless
more favourable conditions apply to a staff member under another industrial
instrument, a staff member, other than a trainee who is paid by allowance, is
entitled to be paid an annual leave loading as set out in this subclause.
Subject to the provisions set out in subclauses 27.2 to 27.6 of this clause,
the annual leave loading shall be 17½% on the monetary value of up to 4 weeks
recreation leave accrued in a leave year.
27.2 Loading on additional leave accrued - Where
additional leave is accrued by a staff member:-
27.2.1 As compensation
for work performed regularly on Sundays and/or Public Holidays, the annual
leave loading shall be calculated on the actual leave accrued or on five weeks,
whichever is the lower.
27.2.2 If stationed in an
area of the State of New South Wales which attracts a higher rate of annual
leave accrual, the annual leave loading shall continue to be paid on a maximum
of 4 weeks leave.
27.3 Shift
workers - Shift workers proceeding on recreation leave are eligible to receive
the more favourable of:
27.3.1 The shift premiums
and penalty rates, or any other allowances paid on a regular basis in lieu
thereof, which they would have received had they not been on recreation leave;
or
27.3.2 17½% annual leave
loading.
27.4 Maximum Loading -
Unless otherwise provided in an Award or Agreement under which the staff member
is paid, the annual leave loading payable shall not exceed the amount which
would have been payable to a staff member in receipt of salary equivalent to
the maximum salary for a Grade 12 Clerk.
27.5 Leave year - For
the calculation of the annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
27.6 Payment of annual
leave loading - Payment of the annual leave loading shall be made on the
recreation leave accrued during the previous leave year and shall be subject to
the following conditions:
27.6.1 Annual leave
loading for the previous leave year shall be paid in the first pay on or after
1 December in the subsequent leave year.
27.6.2 Notwithstanding
paragraph 27.6.1 above a staff member may, with appropriate notice, elect to
defer the payment of annual leave loading to a subsequent pay period. Provided
further that such deferral shall be limited to the last pay on or before 31
December in the same leave year.
27.6.3 While annual leave
loading shall not be paid in the first leave year of employment it shall be
paid in the subsequent leave year in accordance with paragraphs 27.6.1 and
27.6.2 of this subclause.
27.6.4 A staff member who
has not been paid annual leave loading for the previous leave year, shall be
paid annual leave loading on resignation, retirement or termination by the NSW
Police Force for any reason other than the staff member’s serious and
intentional misconduct.
27.6.5 Except in cases of
voluntary redundancy, proportionate leave loading is not payable on cessation
of employment.
3. Delete
subclause 50.2 of clause 50, Area, Incidence and Duration, and insert in lieu
thereof the following:
50.2 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 and shall remain in force until 30 April 2019.
4. Delete Part B,
Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Salaries
Effective from the first full pay period
to commence on or after 1 July 2018.
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
|
60,574
|
6,057
|
66,631
|
2nd year of service
|
61,655
|
6,166
|
67,821
|
3rd year of service
|
62,717
|
6,272
|
68,989
|
4th year of service
|
63,863
|
6,386
|
70,249
|
5th year of service
|
66,871
|
6,687
|
73,558
|
6th year of service and thereafter
|
68,032
|
6,803
|
74,835
|
(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
|
70,592
|
7,059
|
77,651
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Subject Matter
|
Amount $
|
|
|
|
Effective from the
first full pay period on or after 1.7.2018
|
1
|
15
|
Doubling Allowance
|
1123 per
annum
|
2
|
16
|
Shift Work Allowance -
|
Effective from the
first full pay period on or after 1.7.2018
|
|
|
|
|
|
Shift
|
Shift Commencing Time
|
|
|
A
|
At or after 1 pm and before 4 pm
|
43.48
|
|
B
|
At or after 4pm and before 4am
|
50.73
|
|
C
|
At or after 10am and before 1pm
|
28.99
|
|
C
|
At or after 4am and before 6am
|
28.99
|
5. This variation
shall operate on and from 1 May 2018 and have a nominal term expiring on 30
April 2019.
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.