Crown Employees (NSW Police Force Special
Constables) (Security) Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Commissioner of Police.
(Case No. 2018/144129)
Before Chief
Commissioner Kite
|
17 May 2018
|
AWARD
Arrangement
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 - WAGES
6. Wages
7. Wages Packaging
Arrangements, Including Wages Sacrifice to Superannuation
8. Future
Adjustments
SECTION 3 - ATTENDANCE/HOURS OF WORK
9. Hours
10. Flexible
Rosters
11. Saturday
and Sunday Work During Ordinary Hours
12. Night
Shifts
13. Commencing
Times
14. Lactation
Breaks
15. Part Time
Employment
16. Casual
Employment
17. Volunteer
Duty
SECTION 4 - ALLOWANCES AND OVERTIME
18. Shift Work
Allowance
19. Shift
Allowances - Part Time and Casual Officers
20. Overtime
21. Mixed
Functions
22. Public
Holidays
SECTION 5 - LEAVE
23. Leave -
General Provisions
24. Absence
from Work
25. Applying
for Leave
26. Recreation
Leave
27. Extended
Leave
28. Family and
Community Service Leave
29. Sick Leave
30. Sick Leave
- Requirements for Evidence of Illness
31. Sick Leave
to Care for a Family Member
32. Sick Leave
- Workers Compensation
33. Sick Leave
- Claims other than Workers Compensation
34. Parental
Leave
35. Military
Leave
36. Observance
of Essential Religious or Cultural Obligations
37. Special
Leave
38. Leave for
Matters Arising from Domestic Violence
39. Leave Without Pay
SECTION 6 - MISCELLANEOUS
40. Trade
Union Training Courses
41. Deduction
of Union Membership Fees
42. Anti-Discrimination
43. Progression
44. Training
and Development
45. Study
Assistance
46. Special
Constable (Security) Consultative Committee
47. Uniforms
48. Secure
Employment
49. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
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 Special Constables) (Security) Award 2018.
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 15, Part-time Employment, of this award.
(g) "Casual
Special Constable (Security)" means an officer employed under the
provisions of clause 16, 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 2018.
(j) "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 Association delegate or
workplace representative and the Commander, Security Management Group or
nominee.
3.1.4 If the
dispute/grievance remains unresolved the officer/s, local delegate or workplace
representative or Commander, Security Management Group may refer the matter to
Operational Communications & Information Command 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.
3.1.5 If the
dispute/grievance 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 if:
(a) The final
decision of the Commissioner of Police does not resolve the dispute/grievance;
or
(b) The final
position of the Commissioner of Police is not given within five working days
from the date of referral of the matter to the Employee Relations Unit, or
other agreed time frame.
3.1.7 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.
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 security services.
5. Introduction of
Change
The parties agree to co-operate fully through the Special
Constables (Security) Consultative Committee in the implementation and/or
trialling 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.
SECTION 2 - WAGES
6. 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.
7. Wage Packaging
Arrangements, Including Wages Sacrifice to Superannuation
7.1 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 7.7.
7.2 For the purposes
of this clause:
7.2.1 "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.
7.2.2 "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-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 wage in order to obtain:
7.3.1 a benefit or benefits selected from those approved by the
Commissioner, and
7.3.2 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.
7.4 An election to
wage 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 Wage Packaging Agreement.
7.6 Except in
accordance with subclause 7.7, 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.
7.7 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.
7.8 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.
7.9 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.
7.10 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 7.9 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.
7.11 Where the
officer makes an election to wage package:
7.11 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
7.11 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 6, Wages, or Part B of
this Award if the Wage Packaging Agreement had not been entered into.
7.12 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.
7.13 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.
8. 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 2017) 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.
SECTION 3 - ATTENDANCE/HOURS OF WORK
9. Hours
9.1 General
9.1.1 Except as
provided in clause 15, Part Time Employment, and clause 16, 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.
9.1.2 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.
9.2 38 Hour Week
Operation
9.2.1 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.
9.2.2 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.
9.2.3 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 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.
9.2.4 Starting and
finishing times are to be strictly observed with no afternoon tea break.
9.2.5 Wages and
salaries will be paid into banking or other accounts.
9.2.6 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.
9.2.7 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.
9.3 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
Special Constables (Security) in a given location or locations agree and the Commander,
Security Management Group 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., and the
Guidelines for the Taking and Recording of Leave, Etc., Administrative Officers
and Ministerial Employees, Etc.
11. Saturday and
Sunday Work During Ordinary Hours
Except as provided for under clause 19 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 20,
Overtime of this award, such additional sum shall be part of the ordinary rate
of pay for all purposes of the employment.
12. Night Shifts
12.1. 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.
12.2 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.
13. 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.
14. Lactation Breaks
14.1 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.
14.2 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.
14.3 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.
14.4 A flexible
approach on 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.
14.5 The Commissioner
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
14.6 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.
14.7 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.
14.8 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 29 Sick Leave, or access to
flexible working hours provided in clause 10, Flexible Rosters of this award,
where applicable.
15. Part Time
Employment
15.1 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.
15.2
15.2.1 Part time Special
Constables (Security) shall be paid an hourly rate calculated on the following
basis:
15.2.2 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.
15.2.3 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.
15.3 Shift times for
part time officers and the days on which such shifts shall be worked will be
set and regular.
15.4 Notwithstanding
the provisions of subclause 15.3 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.
15.5 Where a Public
Holiday falls on a day on which a part time officer is normally rostered for
duty they may be:
15.5.1 Rostered on duty -
and paid at the rate of time and one half (150%) in addition to the rate
prescribed in subclause 15.2 of this clause.
15.5.2 Granted the shift
free of work - such a shift shall count as one day’s work for that week but no
additional compensation shall apply.
15.6 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 20 of this award
shall apply.
15.6.1 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.
15.6.2 Provided however
that where the parties have agreed to the working of a flexible roster system
in line with clause 10 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.
15.7 Entitlements for
part time officers shall be calculated on a pro rata basis.
15.8 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).
16. Casual Employment
16.1 The parties
agree that Special Constables (Security) may be employed on a casual basis.
16.2 A Casual Special
Constable (Security) shall mean an officer who is engaged and paid as such.
16.2.1 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%.
16.2.2 A casual officer
shall in addition be paid a loading of 1/12th for all ordinary hours worked in
lieu of Annual Leave.
16.2.3 A minimum payment
of 3 hours at the appropriate rate shall be made for each engagement.
16.2.4 Overtime - In the
unusual event that overtime is worked by a casual officer the overtime rates
prescribed in clause 20 of this award shall apply. Such rates shall be
calculated on the rate prescribed in paragraph 16.2.1 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 10, 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.
16.2.5 A casual officer
shall be paid for all hours worked and shall not with the exception of
paragraph 16.2.2 of this subclause, accrue an entitlement to any form of leave.
16.3 The employment
of existing Special Constables (Security) shall not be prejudiced by the
employment of any Casual Special Constable (Security).
16.4 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 Group 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.
16.5 Casual officers
are entitled to unpaid parental leave under 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.
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.
16.6 Personal Carer’s
entitlement for casual officers
16.6.1 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
16.6.4 of this subclause, and the notice requirements set out in paragraph
16.6.2 of this subclause.
16.6.2 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.
16.6.3 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.
16.6.4 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.
16.7 Bereavement
entitlements for casual officers
16.7.1 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.
16.7.2 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.
16.7.3 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.
17. Volunteer Duty
17.1 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:
17.2 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.
17.3 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.
17.4 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.
17.5 An officer
performing additional duty under the provisions of this clause shall not be
entitled to the provisions of clauses 11, 18, 20 and 22 of this award for any
work so performed.
17.6 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.
17.7 The parties
further agree that the provisions of this clause are an innovative arrangement,
which is implemented for the life of this award.
SECTION 4 - ALLOWANCES AND OVERTIME
18. Shift Work
Allowance
Except as provided for under clause 19, 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 20, Overtime
of this award, such additional sum shall be part of the ordinary rate of pay
for all purposes of the employment.
19. Shift Allowances,
Part Time and Casual Officers
19.1 Part time and
Casual officers engaged under clause 15, Part Time Employment, and clause 16,
Casual Employment of this award, shall in lieu of the allowances prescribed in
clauses 11 and 18 of this award, be paid the following shift loadings for the
ordinary hours so worked.
19.2 Shifts Monday to
Friday
10% loading
|
(i)
|
A shift commencing at or after 4.00 am and before 6.00 am;
or
|
|
|
|
|
(ii)
|
A shift commencing at or after 10.00 am and before 1.00
pm.
|
|
|
|
12½% loading
|
A shift commencing at or after 1.00 pm and before 4.00 pm.
|
|
|
15% loading
|
A shift commencing at or after 4.00 pm and before 4.00 am.
|
19.3 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.
|
19.4 Shift, weekend and
public holiday loadings are not cumulative.
19.5 The above
loadings shall be disregarded in computing payments for overtime under clause
20 of this Award.
20. Overtime
20.1 Subject to
subclause 20.2 of this clause, the NSW Police Force may require an officer to
work reasonable overtime at overtime rates.
20.2 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.
20.3 With the
exception of work performed under the provisions of clause 17, 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 11, 18 and 19 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.
21. Mixed Functions
21.1 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.
21.2 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.
22. Public Holidays
Full time Special Constables (Security) shall be paid for
Public Holidays as follows:
22.1 Where a Public
Holiday occurs on an officer’s rest day off duty and -
22.1.1 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;
22.1.2 they
are required to work on that day such officer shall be paid double time and one
half for such overtime.
22.2 Where a Public
Holiday occurs on an officers rostered day on duty
they may be -
22.2.1 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;
22.2.2 granted
the shift free of work - such a shift will count as one day’s work for that
week but no additional compensation shall apply.
SECTION 5 - 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, 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 five (5) weeks recreation leave per annum.
26.2 Part time
officers engaged under clause 15 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.
26.3 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.
26.4 Consistent with
the Crown Employees (NSW Police 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.
26.5 Limits on
Accumulation and Direction to take leave
26.5.1 Where the operational
requirements permit, the application for leave shall be dealt with by the
Commissioner according to the wishes of the staff member.
26.5.2 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.
26.5.3 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.
26.5.4 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.
26.6 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:-
26.6.1 Specify in writing
the period of time during which the excess shall be conserved; and
26.6.2 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.
26.6.2 The Commissioner
will inform a staff member in writing on a regular basis of the staff member’s
recreation leave accrual.
26.7 Miscellaneous
26.7.1 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.
26.7.2 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).
26.7.3 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 26.7.4 of this
subclause.
26.7.4 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.
26.7.5 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 26.7.4 of this subclause shall
be calculated to an exact one (1) hour (fractions less than one (1) hour being
rounded down).
26.7.6 Recreation leave
accrues at half its normal accrual rate during periods of extended leave on
half pay or recreation leave taken on half pay.
26.7.7 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 34, Parental
Leave of this award.
26.7.8 On cessation of
employment, a staff member is entitled to be paid the money value of accrued
recreation leave which remains untaken.
26.7.9 A staff member to
whom paragraph 26.7.8 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.
26.8 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.
26.9 Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows:
26.9.1 To the widow or
widower of the staff member; or
26.9.2 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
26.9.3 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
26.9.4 If there is no
person entitled under paragraph 26.9.1, 26.9.2 or 26.9.3 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.
26.11 Recreation leave
does not accrue during leave without pay other than
26.11.1 military leave taken without pay when paid military leave
entitlements are exhausted;
26.11.2 absences due to natural emergencies or major transport
disruptions, when all other paid leave is exhausted;
26.11.3 any continuous period of sick leave taken without pay when
paid sick leave is exhausted;
26.11.4 incapacity for which compensation has been authorised under
the Workplace Injury Management and
Workers Compensation Act 1998; or
26.11.5 periods which when aggregated, do not exceed 5 working days
in any period of 12 months.
27. 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.
28.
Family and Community Service Leave
28.1 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 28.2 of this clause. The
Commissioner may also grant leave for the purposes in subclause 28.3 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.
28.2 Such unplanned and emergency situations may
include, but not be limited to, the following:-
28.2.1 Compassionate grounds - such as the death or
illness of a close member of the family or a member of the staff member's
household;
28.2.2 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;
28.2.3 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;
28.2.4 Attending to unplanned or unforeseen family
responsibilities, such as attending child's school for an emergency reason or
emergency cancellations by child care providers;
28.2.5 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.
28.3 Family and community service leave may also
be granted for:
28.3.1 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
28.3.2 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.
28.4 The definition of "family or
"relative" in this clause is the same as that provided in paragraph
31.4.2 of clause 31, Sick Leave to Care for Family Member of this award.
28.5 Existing staff members employed on and from
1 May 2018, will accrue FACS leave on full pay as
follows:
28.5.1 2 ½ days on 1 May 2018;
28.5.2 2 ½ days on 1 May 2019; and
28.5.3 1 day per year (1 May) thereafter.
28.6 Any staff member appointed from 1 May 2018, will accrue FACS leave on full pay as follows.
28.6.1 2 ½ days in the staff member’s
first year of service;
28.6.2 2 ½ days in the staff member’s
second year of service; and
28.6.3 1 day per year thereafter.
28.7 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.
28.8 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.
28.9 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 31, 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.
28.10 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.
29. Sick Leave
29.1 Illness in this
clause and in clauses 30 and 31 of this award means physical or psychological
illness or injury, medical treatment and the period of recovery or
rehabilitation from an illness or injury.
29.2 Payment for sick
leave is subject to the staff member:
29.2.1 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
29.2.2 Providing evidence
of illness as soon as practicable if required by clause 30, Sick Leave -
Requirements for Evidence of Illness of this award.
29.3 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:
29.3.1 Shall grant to the
staff member sick leave on full pay; and
29.3.2 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.
29.4 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:
29.4.1 is unable to carry
out their duties without distress; or
29.4.2 risks
further impairment of their health by reporting for duty; or
29.4.3 is
a risk to the health, wellbeing or safety of other staff members, NSW Police
Force clients or members of the public
29.5 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.
29.6 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.
29.6.1 At the
commencement of employment with the NSW Police Force, a full-time staff member
is granted an accrual of 5 days sick leave.
29.6.2 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.
29.6.3 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.
29.6.4 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.
29.6.5 Notwithstanding
the provisions of paragraph 29.6.4 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.
29.6.6 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.
29.6.7 When determining
the amount of sick leave accrued, sick leave granted on less than full pay,
shall be converted to its full pay equivalent.
29.6.8 Paid sick leave
shall not be granted during a period of unpaid leave.
29.7 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.
29.8 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.
30. Sick Leave -
Requirements for Evidence of Illness
30.1 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.
30.2 In addition to
the requirements under subclause 29.2 of clause 29, 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.
30.3 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.
30.4 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.
30.5 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.
30.5.1 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.
30.5.2 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.
30.6 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.
30.7 The reference in
this clause to evidence of illness shall apply, as appropriate:
30.7.1 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,
30.7.2 where the absence
exceeds one week, and unless the health provider listed in paragraph 30.7.1 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
30.7.3 at
the Commissioner’s discretion, other forms of evidence that satisfy that the
staff member had a genuine illness.
30.8 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:
30.8.1 In respect of
recreation leave, the period set out in the evidence of illness;
30.8.2 In respect of
extended leave, the period set out in the evidence of illness if such period is
5 working days or more.
30.9 Subclause 30.8
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.
31. Sick Leave to Care
for a Family Member
31.1 Where family and
community service leave provided for in clause 28, 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 31.4 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.
31.2 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.
31.3 If required by
the Commissioner to establish the illness of the person concerned, the staff
member must provide evidence consistent with subclause 30.6 of clause 30, Sick
Leave - Requirements for Evidence of Illness of this award.
31.4 The entitlement
to use sick leave in accordance with this clause is subject to:
31.4.1 The staff member
being responsible for the care and support of the person concerned; and
31.4.2 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.
32.
Sick Leave - Workers Compensation
32.1 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.
32.2 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.
32.3 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.
32.4 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.
32.5 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.
32.6 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.
32.8 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.
32.9 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.
32.10 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.
32.11 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.
32.12 Nothing in this clause prevents a staff member
from appealing a decision or taking action under other legislation made in
respect of:
32.12.1 The staff member's claim for workers
compensation;
32.12.2 The conduct of a medical examination
by a Government or other Medical Officer;
32.12.3 A medical certificate issued by the
examining Government or other Medical Officer; or
32.12.4 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.
33. Sick Leave -
Claims other than Workers Compensation
33.1 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:-
33.1.1 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
33.1.2 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.
33.2 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.
33.3 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.
34.
Parental Leave
34.1 Parental leave includes maternity, adoption
and "other parent" leave.
34.2 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:
34.2.1 For a period up to 9 weeks prior to the
expected date of birth; and
34.2.2 For a further period
of up to 12 months after the actual date of birth.
34.2.3 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.
34.3 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:
34.3.1 For a period of up to 12 months if the child has
not commenced school at the date of the taking of custody; or
34.3.2 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.
34.3.3 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.
34.4 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:
34.4.1 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;
34.4.2 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 34.4.1 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.
34.5 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:
34.5.1 Applied for parental leave within the time and
in the manner determined set out in subclause 34.10 of this clause; and
34.5.2 Prior to the commencement of parental leave,
completed not less than 40 weeks' continuous service.
34.5.3 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.
34.6 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:
34.6.1 at the full time rate
if they began part time leave 40 weeks or less before starting parental leave;
34.6.2 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;
34.6.3 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.
34.7 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:
34.7.1 at the rate (full time or part time) they were
paid before commencing the initial leave if they have not returned to work; or
34.7.2 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
34.7.3 at a rate based on the
hours worked prior to the subsequent period of leave where the staff member has
not reduced their hours.
34.8 Except as provided in subclauses 34.5, 34.6
and 34.7 of this clause, parental leave shall be granted without pay.
34.9 Right to request
34.9.1 A staff member who has been granted parental
leave in accordance with subclause 34.2, 34.3 or 34.4 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.
34.9.2 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.
34.10 Notification Requirements
34.10.1 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.
34.10.2 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 34.9 of this clause.
34.10.3 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.
34.10.4 Staff member’s request and the
Commissioner’s decision to be in writing
The staff
member’s request under paragraph 34.9.1 and the Commissioner’s decision made
under paragraph 34.9.2 must be recorded in writing.
34.10.5 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.
34.10.6 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.
34.10.7 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.
34.10.8 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.
34.11 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 34.9 of this clause, and she/he resumes duty immediately after the
approved leave or work on a part time basis.
34.12 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.
34.13 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.
34.14 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.
34.15 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.
34.16 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.
34.17 A staff member may elect to take available
recreation leave at half pay in conjunction with parental leave provided that:
34.17.1 accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave;
34.17.2 the total period of maternity,
adoption or other parent leave, is not extended by the taking of recreation
leave at half pay; and
34.17.3 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
34.18 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.
34.19 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.
34.20 Communication during parental leave
34.20.1 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.
34.20.2 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.
34.20.3 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 34.20.1 of this
subclause.
35. Military Leave
35.1 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.
35.2 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.
35.3 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 35.1 of this
clause.
35.4 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.
35.5 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 35.3 of this clause
may be granted Military Leave Top up Pay by the Commissioner.
35.6 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.
35.7 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.
35.8 At the expiration of military leave in accordance
with subclause 35.3 or 35.4 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.
36. Observance of
Essential Religious or Cultural Obligations
36.1 A staff member
of:
36.1.1 Any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
36.1.2 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.
36.2 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.
36.3 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:
36.3.1 Adequate notice
being given by the staff member;
36.3.2 Prior approval
being obtained by the staff member; and
36.3.3 The time off being
made up in the manner approved by the Commissioner.
36.4 Notwithstanding
the provisions of subclauses 36.1, 36.2 and 36.3 of this clause, 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.
37.
Special Leave
37.1 Special Leave - Jury Service
37.1.1 A staff member shall, as soon as possible, notify
the Commissioner of the details of any jury summons served on the staff member.
37.1.2 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.
37.1.3 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.
37.2 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.
37.3 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:
37.3.1 Be granted, for the whole of the period
necessary to attend as such a witness, special leave on full pay; and
37.3.2 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.
37.3.3 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.
37.4 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.
37.5 Special Leave - Examinations -
37.5.1 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.
37.5.2 Special leave granted to attend examinations
shall include leave for any necessary travel to or from the place at which the
examination is held.
37.5.3 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.
37.6 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.
37.7 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.
37.8 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.
37.9 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.
37.10 Matters arising from domestic violence
situations.
When the leave
entitlements referred to in clause 38, 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.
38. Leave for Matters
Arising from Domestic Violence
38.1 The definition
of domestic violence is found in clause 2(j), of clause 2 Definitions, of this
award.
38.2 Leave
entitlements provided for in clause 28, Family and Community Service Leave,
clause 29, Sick Leave and clause 31, Sick Leave to Care for a Family Member,
may be used by staff members experiencing domestic violence.
38.3 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.
38.4 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.
38.5 Personal
information concerning domestic violence will be kept confidential by the NSW
Police Force.
38.6 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.
38.7 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.
39. Leave Without Pay
39.1 The Commissioner
may grant leave without pay to a staff member if good and sufficient reason is
shown.
39.2 Leave without pay
may be granted on a full-time or a part-time basis.
39.3 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.
39.4 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.
39.5 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.
39.6 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.
39.7 No paid leave
shall be granted during a period of leave without pay.
39.8 A permanent
appointment may be made to the staff member’s position if:
39.8.1 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
39.8.2 the
staff member is advised of the Commissioner’s proposal to permanently backfill
their position; and
39.8.3 the
staff member is given a reasonable opportunity to end the leave without pay and
return to their position; and
39.8.4 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.
39.9 The position
cannot be filled permanently unless the above criteria are satisfied.
39.10 The staff member
does not cease to be employed by the NSW Police Force if their position is
permanently backfilled.
39.11 Subclause 39.8 of
this clause does not apply to full-time unpaid parental leave granted in
accordance with subparagraph 34.9.1(a) of clause 34, Parental Leave or to
military leave.
SECTION 6 - MISCELLANEOUS
40. Trade Union
Training Courses
40.1 The following
training courses will attract the grant of special leave as specified below:-
40.1.1 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.
40.1.2 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.
41. 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.
42.
Anti-Discrimination
42.1 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.
42.2 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.
42.3 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.
42.4 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.
42.5 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.
43. 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.
43.1 Advertisement
Action
All promotional positions will be advertised on
iworkfor.nsw.gov.au. 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 Role Description (formerly known as a Position Overview). 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.
43.2 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.
43.3 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.
43.4 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.
43.5 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.
43.6 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.
43.7 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.
43.8 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.
43.9 Services Check
A check of the conduct and services of the recommended
officer will be made with their supervising officer.
44. Training and
Development
44.1 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.
44.2 All officers
will be actively encouraged to participate in other staff development courses
to improve their own development and individual competencies.
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. Special Constable
(Security) Consultative Committee
46.1 It is intended
for the purpose of this award to establish a forum within which matters
concerning the formation of policy and procedures may be addressed.
46.2 The parties
agree that members of the Committee should include a representative from the
Security Management Group; Operational Communications & Information
Command, a representative of the Association and one delegate.
46.3 This Committee
shall meet on a needs basis within one week at the request of either party, or
other agreed time frame.
47. 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:
47.1 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 65.8 of the Crown
Employees (Police Officers - 2017) Award.
47.2 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 65.8 of the Crown Employees (Police Officers - 2017)
Award.
47.3 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 65.8 of the Crown Employees (Police Officers - 2017) Award.
47.4 Condemnation
Except for the annual issue of socks, all items of
uniform will be replaced on condemnation only.
47.5 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 65.9 of the Crown
Employees (Police Officers - 2017) Award.
Provided that such an allowance shall not be payable
prior to the officer receiving the initial issue of clothing provided for in
subclauses 47.1, 47.2 and 47.3 of this clause.
48. Secure Employment
48.1 Work Health and Safety
48.1.1 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.
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):
(i) consult with employees of the labour hire business and/or
contract business regarding the workplace health and safety consultative
arrangements;
(ii) 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;
(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.
48.1.3 Nothing in this
subclause 48.1 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 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.
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 Special Constables) (Security) Award 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 - Wages
Effective from the first full pay period
to commence on or after 1 July 2017.
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
|
987.90
|
2nd year of service
|
1,004.90
|
3rd year of service and thereafter
|
1,024.30
|
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
|
$
|
|
1,042.30
|
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
|
$
|
|
1,115.60
|
2nd year of service and thereafter
|
$
|
|
1,140.20
|
(d) Special
Constable (Security), Field Supervisor
1st year of service
|
$
|
|
1,275.80
|
2nd year of service and thereafter
|
$
|
|
1,303.30
|
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
No.
|
Clause
No.
|
Subject
Matter
|
Amount
|
|
|
|
$
|
|
|
|
Effective from the
first full pay period on or after
|
|
|
|
1.7.2017
|
1
|
10
|
Full time Special Constables
(Security),
|
67.40 per week
|
|
|
Monday to Friday Shift
Allowance
|
|
2
|
11
|
Full time Special Constables
(Security),
|
190.40 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
|
5.50 per meal
|
|
|
further 4 hours overtime
|
|
P.
KITE, Chief Commissioner.
____________________
Printed by the authority of the Industrial Registrar.