Crown
Employees (NSW Police Administrative Officers and Temporary Employees
CondItions of Employment) Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales, Industrial Organisation of Employees.
(No. IRC 3182 of 2006)
Before The Honourable
Justice Schmidt
|
9 October 2006
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Application
5. Conditions
of Employment
6. Coverage
7. Statement
of Intent
8. Work
Environment
9. Grievance
and Dispute Settling Procedures
10. Local
Arrangements
11. Working
Hours
12. Part-time
Employment
13. Morning
and Afternoon Breaks
14. Meal
Breaks
15. Variation
of Hours
16. Natural
Emergencies and Major Transport Disruptions
17. Notification
of Absence from Duty
18. Public
Holidays
19. Standard
Working Hours
20. Flexible
Working Hours
21. Rostered
Days Off for 38 Hour Week Workers
22. Non-Compliance
23. Flexible
Work Practices
24. Existing
Hours of Work Determinations
25. Travelling
Compensation - General
26. Excess
Travelling Time
27. Waiting
Time
28. Meal
Expenses on One day Journeys
29. Travelling
Allowances when staying in Non Government Accommodation
30. Travelling
Allowances when Staying in Government Accommodation
31. Restrictions
on payment of Travelling Allowances
32. Increase
or Reduction in Payment of Travelling Allowances
33. Production
of Receipts
34. Travelling
Distance
35. Camping
Allowances
36. Composite
Allowance
37. Allowance
Payable for Use of Private Motor Vehicle
38. Damage to
Private Motor Vehicle Used for Work
39. Camping
Equipment Allowance
40. Allowance
for Living in a Remote Area
41. Assistance
to Staff Members Stationed in a Remote Area When Travelling on Recreation Leave
42. Overseas
Travel
43. Exchanges
44. Room at
Home used as Office
45. Semi-official
Telephones
46. Flying
Allowance
47. Uniforms,
Protective Clothing and Laundry Allowance
48. Compensation
for Damage to or Loss of Staff Member’s Personal Property
49. Garage and
Carport Allowance
50. Community
Language Allowance Scheme
51. First Aid
Allowance
52. Review of
Allowances Payable in Terms of This Award
53. Trade
Union Activities Regarded as on Duty
54. Trade
Union Activities Regarded as Special Leave
55. Trade
Union Training Courses
56. Conditions
applying to On-Loan Arrangements
57. Period of
Notice for Trade Union Activities
58. Access To
Facilities by Trade Union Delegates
59. Responsibilities
of the Trade Union Delegate
60. Responsibilities
of the Trade Union
61. Responsibilities
of Workplace Management
62. Right of
Entry Provisions
63. Travelling
and Other Costs of Trade Union Delegates
64. Industrial
Action
65. Consultation
and Technological Change
66. Deduction
of Trade Union Membership Fees
67. Leave -
General Provisions
68. Absence
from Work
69. Applying
for Leave
70. Parental
Leave
71. Extended
Leave
72. Family and
Community Service Leave
73. Leave
Without Pay
74. Military
Leave
75. Observance
of Essential Religious or Cultural Obligations
76. Recreation
Leave
77. Annual
Leave Loading
78. Sick Leave
79. Sick Leave
- Requirements for Medical Certificate
80. Sick Leave
to Care for a Family Member
81. Sick Leave
- Workers Compensation
82. Sick leave
- Claims Other Than Workers Compensation
83. Special
Leave
84. Staff
Development and Training Activities
85. Study
Assistance
86. Shift Work
87. Overtime -
General
88. Overtime
Worked by Shift Workers
89. Overtime
Worked by Day Workers
90. Recall to
Duty
91. On Call
(Stand-by) and On Call Allowance
92. Overtime
Meal Breaks
93. Overtime
Meal Allowances
94. Rate of
Payment for Overtime
95. Payment
for Overtime or Leave in Lieu
96. Compensation
for Additional Hours Worked by Duty Officer, State Emergency Services
97. Calculation
of Overtime
98. Provision
of Transport in Conjunction with Working of Overtime
99. Anti-Discrimination
99A. Secure
Employment
100. Existing Entitlements
101. Leave
Reserved
102. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Allowances
2. Title
This award shall be known as the Crown Employees (NSW Police
Administrative Officers and Temporary Employees Conditions of Employment) Award
2006.
3. Definitions
Act means the NSW Police Act 1990.
Accumulation means the accrual of leave or time. In respect
of weekly study time accumulation means the aggregation of short periods of
weekly study time which is granted for private study purposes.
Administrative Officer means a person employed as an
Administrative Officer under the NSW Police Act 1990.
Agreement means an agreement referred to in section 86 of
the Act or an agreement as defined in the Industrial Relations Act 1996.
Approved Course means a course relevant to the employment of
the staff member in NSW Police or the Public Service approved by the
Commissioner.
Association means the Public Service Association and
Professional Officers Association Amalgamated Union of New South Wales.
At the convenience of means the operational requirements
permit the staff member's release from duty or that satisfactory arrangements
are able to be made for the performance of the staff member's duties during the
absence.
Award means an award as defined in the Industrial
Relations Act 1996.
Birth means the birth of a child and includes stillbirth.
Capital City means the area set out as the area for the
Sydney Telephone District Directory coded N00 in the Sydney White Pages or
within a corresponding area in the Capital City of another State or Territory.
Commissioner means the Commissioner of NSW Police.
Contract hours for the day for a full time staff member,
means one fifth of the full time contract hours, as defined in this award. For a part time staff member, contract hours
for the day means the hours usually worked on the day.
Daily rate or Rate per day means the rate payable for 24
hours, unless otherwise specified.
Daily span of hours means, for a staff member required to
work standard hours, the full time standard hours defined in this award. For a
staff member required to work flexible hours, the "daily span of
hours" means the hours which normally fall within the bandwidth of the
scheme applicable to the staff member and which do not attract payment for
overtime, unless otherwise prescribed in this award.
Day worker means a staff member, other than a shift worker,
who works the ordinary hours from Monday to Friday inclusive between the hours
of 7.00 a.m. and 7.00 p.m. or as negotiated under a local arrangement.
Expected date of birth, in relation to a staff member who is
pregnant, means a date specified by her medical practitioner to be the date on
which the medical practitioner expects the staff member to give birth as a
result of the pregnancy.
Extended leave means extended (long service) leave to which
a staff member is entitled under the provisions of Part 6 of the Police
Regulation 2000, as amended from time to time.
Flexible Working Hours Agreement means the agreement outlined
in clause 20, Flexible Working Hours, applicable to staff members other than a
shift worker.
Flexible working hours credit means the time exceeding the
contract hours for a settlement period and includes any time carried over from
a previous settlement period or periods.
Flexible working hours debit means the contract hours not
worked by a staff member and not covered by approved leave during the
settlement period, as well as any debit carried over from the previous
settlement period or periods.
Flexible Work Practices, Policy and Guidelines means the
document negotiated between the Public Employment Office, the Labor Council of
New South Wales and affiliated unions which enables staff members to rearrange
their work pattern.
Flex leave means a period of leave available to be taken by
a staff member working under the Flexible Working Hours Agreement outlined in
clause 20 of this award.
Full day means the standard full time contract hours for the
day, i.e., seven or eight hours depending on the classification of the staff
member.
Full pay or half pay means the staff member's ordinary rate
of pay or half the ordinary rate of pay respectively.
Full-time contract hours means the standard weekly hours,
that is, 35 or 38 hours per week, depending on the classification, required to
be worked as at the date of this award.
Full-time position means a position which is occupied, or if
not for being vacant, would be occupied, by a full-time staff member.
Full-time staff member means a staff member whose ordinary
hours of duty are specified as such in a formal industrial instrument or whose
contract hours are equivalent to the full-time contract hours for the job
classification.
Government accommodation means accommodation owned, leased
or arranged by the Government where a staff member may be directed to reside
for a specified period of time.
Half day means half the standard contract hours for the day.
Headquarters means the centre(s) to which a staff member is
attached or from which a staff member is required to operate on a long-term
basis.
Industrial action means industrial action as defined in the Industrial
Relations Act 1996.
Local Arrangement means an agreement reached at the
organisational level between the Commissioner and the Association in terms of
clause 10, Local Arrangements of this award.
Local holiday means a holiday which applies to a particular
township or district of the State and which is not a public holiday throughout
the State.
NSW Police means NSW Police as established by the Act.
Normal hours of duty means:
for a staff member working standard hours - the fixed
hours of duty, with an hour for lunch, worked in the absence of flexible
working hours;
for a staff member working under a flexible working
hours scheme or local arrangement negotiated under clause 10, Local
Arrangements - the hours of duty the Commissioner requires a staff member to
work within the bandwidth specified under the flexible working hours scheme or
local arrangement.
Normal work means, for the purposes of subclause (xi) of
clause 9 Grievance and Dispute Settling Procedures of this award, the work
carried out in accordance with the staff member’s position or job description
at the location where the staff member was employed, at the time the grievance
or dispute was notified by the staff member.
Official overseas travel means authorised travel out of
Australia by a staff member where the staff member proceeds overseas on
official business.
On duty means the time required to be worked for NSW
Police. For the purposes of clause 53,
Trade Union Activities Regarded as on Duty of this award, on duty means the
time off with pay given by NSW Police to the accredited Association delegate to
enable the Association delegate to carry out legitimate Association activities
during ordinary work hours without being required to lodge an application for
leave.
On loan means an arrangement between NSW Police and the
Association where a staff member is given leave of absence from the workplace
to take up employment with the staff member’s Association for a specified
period of time during which the Association is required to reimburse NSW Police
for the staff member's salary and associated on-costs.
On special leave means the staff member is required to apply
for special leave in order to engage in an activity which attracts the grant of
special leave in the terms of this award.
Ordinary hourly rate of pay means the hourly equivalent of
the annual rate of pay of the classification as set out in the Crown Employees
(NSW Police Administrative Officers and Temporary Employees - Salaries 2006)
Award.
Overtime means all time worked, whether before or after the
ordinary daily hours of duty, at the direction of the Commissioner, which, due
to its character or special circumstances, cannot be performed during the staff
members ordinary hours of duty.
Part-time entitlement, unless specified otherwise in this
award, means pro rata of the full-time entitlements calculated according to the
number of hours a staff member works in a part-time position or under a
part-time arrangement.
Part-time hours means hours which are less than the hours
which constitute full-time work under the relevant industrial instrument.
Part-time position means a designated part-time position
and, unless otherwise specified, includes any position which is filled on a
part-time basis.
Part-time staff member means a staff member whose ordinary
hours of duty are specified as part-time in a formal industrial instrument or
whose contract hours are less than the full-time hours.
Prescribed ceasing time means, for a staff member working
standard hours or rostered shifts the conclusion of daily standard hours or
rostered shift for that staff member.
For a staff member working under a flexible working hours scheme, prescribed
ceasing time means the conclusion of bandwidth of the scheme applying to that
staff member.
Prescribed starting time means, for a staff member not
working under a flexible working hours scheme, the commencement of standard
daily hours or rostered shift of that staff member. For a staff member working
under a flexible working hours scheme, prescribed starting time means the
commencement of bandwidth of the scheme applying to that staff member.
Public Employment Office or PEO means the Public Employment
Office established under Chapter 6 of the Public Sector Employment and
Management Act 2002.
Public holiday means a day proclaimed under the Banks and Bank
Holidays Act 1912, as a bank or a public holiday. This definition does not
include a Saturday which is such a holiday by virtue of section 15A of that
Act, and 1 August or such other day that is a bank holiday instead of 1 August.
Recall to duty means those occasions when a staff member is
directed to return to duty outside the staff member’s ordinary hours or outside
the bandwidth in the case of a staff member working under a flexible working
hours scheme.
Regulation means the Police Regulation 2000
Relief staff means staff employed on a temporary basis to
provide relief in a position until the return from authorised leave of the
substantive occupant or in a vacant position until it is filled substantively.
Residence, in relation to a staff member, means the ordinary
and permanent place of abode of the staff member.
Rostered Day Off means, for the purposes of clause 21
Rostered Days Off for 38 Hour week Workers, a day off in a regular cycle at a
time operationally convenient.
Seasonal staff means staff employed on a temporary basis for
less than three months to meet seasonal demands which cannot be met by staff
already employed in NSW Police and which, because of their seasonal nature, do
not justify employment of staff on a long-term basis.
Secondment means an arrangement agreed to by the
Commissioner, the staff member and another public service Department, a public
sector organisation or a private sector organisation which enables the staff
member to work in such other organisation for an agreed period of time and
under conditions agreed to prior to the commencement of the period of secondment.
Secondments under sections 95 & 95A
of the Police Act will comply with the provisions of staff mobility
(section 87 of the Act) and align with the provisions of Sections 86, 88 and
100 of the Public Sector Employment and Management Act 2002.
Shift worker - Continuous Shifts means a staff member
engaged in work carried out in continuous shifts throughout the 24 hours of
each of at least six consecutive days without interruption except during
breakdown or meal breaks or due to unavoidable causes beyond the control of the
Commissioner.
Shift worker - Non-continuous Shifts means a staff member
who is not a day worker or a shift worker - continuous shifts, as defined
above.
Short leave means the leave which was available to be
granted to staff in the case of pressing necessity and which was replaced by
family and community service leave from 20 September 1994.
Staff member means an officer or temporary employee as
defined in the Act and that unless otherwise specified in this award, includes
both full-time and part-time staff. For the purposes of maternity leave, as set
out in clause 70. Parental Leave of this award, staff member means a female
staff member.
Standard hours are set and regular hours of operation as
determined by the Commissioner in accordance with any direction of the PEO.
Standard hours are generally the hours which were in operation prior to the
introduction of flexible working hours or have been determined as standard
hours for the organisation since the introduction of flexible working hours.
Standby means an instruction given by the Commissioner to a
staff member to be available for immediate contact in case of an authorised
call-out requiring the performance of duties.
Study leave means leave without pay granted for courses at
any level or for study tours during which financial assistance may be approved
by the Commissioner, if the activities to be undertaken are considered to be of
relevance or value to NSW Police and/or the public service.
Study Time means the time allowed off from normal duties on
full pay to a staff member who is studying in a part-time course which is of
relevance to NSW Police and/or the public service, as defined in the Public
Sector Employment and Management Act 2002.
Supervisor means the immediate supervisor or manager of the
area in which a staff member is employed or any other staff member authorised
by the Commissioner to fulfil the role of a supervisor or manager, other than a
person engaged as a consultant or contractor.
Temporary Employee means a person employed as a Temporary
Employee under the Act to carry out work for a specified period.
Temporary work location means the place at or from which a
staff member temporarily performs official duty if required to work away from
their usual place of work.
Trade Union or Union means a registered trade union, as
defined in the Industrial Relations Act 1996.
Trade Union Delegate means an accredited Association
delegate responsible for his/her workplace; and/or a person who is elected by
the Association as its representative, an executive member or a member of the
Association's Council.
Trade Union Official means a person who is employed by the
Association to carry out duties of an official in a permanent or temporary
capacity, including elected full-time officials and/or staff members placed on
loan to the Association for an agreed period of time.
Use of Private Motor Vehicle - Casual rate means the
appropriate rate payable in respect of a motor vehicle maintained by the staff
member for private purposes but which the staff member may elect to use with
the approval of the Commissioner for occasional travel on official business,
subject to the allowance paid for such travel not exceeding the cost of travel
by public or other available transport.
Use of Private Motor Vehicle - Official business rate means
the appropriate rate of allowance payable for the use of a private motor
vehicle where such vehicle use is a requirement of the position and where no
other transport is available and such use is directed by the Commissioner and
agreed to by the staff member or where the staff member is unable to use other
transport due to a disability. The official business rate includes a component
to compensate a staff member for the necessity of owning and maintaining a car.
Workplace means the whole of the organisation or, as the
case may be, a branch or section of the organisation in which the staff member
is employed.
Workplace Management means the Commissioner or any other
person authorised by the Commissioner to assume responsibility for the conduct
and effective, efficient and economical management of the functions and
activities of the organisation or part of the organisation.
4. Application
This award was negotiated between NSW Police and the
Association.
5. Conditions of
Employment
This award contains the current common conditions of
employment as negotiated by NSW Police and the Association.
6. Coverage
The provisions of this award shall apply to Administrative
Officers and temporary employees (as specified in the award) as defined in the
Act.
7. Statement of
Intent
This award aims to consolidate, in the one document, all
common conditions of employment of staff employed in NSW Police, to encourage
the consultative processes to facilitate, as appropriate, greater flexibility
in the workplace and to help ensure that the excess hours, accumulated as a
result of NSW Police work requirements, are not forfeited.
8. Work Environment
(i) Occupational
Health and Safety - The parties to this award are committed to achieving and
maintaining accident-free and healthy workplaces within NSW Police by:
(a) the
development of policies and guidelines for NSW Police and, as and when
appropriate on Occupational Health, Safety and Rehabilitation;
(b) assisting to
achieve the objectives of the Occupational Health and Safety Act 2000
and the Occupational Health and Safety Regulation 2001 by establishing agreed
Occupational Health and Safety consultative arrangements within NSW Police work
premises; to identify and implement safe systems of work, safe work practices,
working environments and appropriate risk management strategies; and to
determine the level of responsibility within NSW Police to achieve these
objectives;
(c) identifying
training strategies for staff members, as appropriate, to assist in the
recognition, elimination or control of workplace hazards and the prevention of
work related injury and illness;
(d) developing
strategies to assist the rehabilitation of injured staff members;
(e) directly
involving the Commissioner in the provisions of paragraphs (a) to (d) inclusive
of this subclause.
(ii) Equality in
employment - NSW Police is committed to the achievement of equality in
employment and the award has been drafted to reflect this commitment.
(iii) Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age or responsibilities as a
carer is unlawful in terms of the Anti-Discrimination Act 1977.
Management and staff of NSW Police are required to refrain from, or being party
to, any form of harassment in the workplace.
9. Grievance and
Dispute Settling Procedures
(i) All
grievances and disputes relating to the provisions of this award shall
initially be dealt with as close to the source as possible, with graduated
steps for further attempts at resolution at higher levels of authority within
NSW Police, if required.
(ii) A staff
member is required to notify in writing their immediate manager, as to the
substance of the grievance, dispute or difficulty, request a meeting to discuss
the matter, and if possible, state the remedy sought.
(iii) 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 staff member to
advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Commissioner
or delegate.
(iv) The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(v) If the matter remains
unresolved with the immediate manager, the staff member may request to meet the
appropriate person at the next level of management in order to resolve the
matter. This manager shall respond within two (2) working days, or as soon as
practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the
Commissioner.
(vi) The
Commissioner may refer the matter to the PEO for consideration.
(vii) If the matter
remains unresolved, the Commissioner shall provide a written response to the
staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
(viii) A staff
member, at any stage, may request to be represented by the Association.
(ix) The staff
member or the Association on their behalf, or the Commissioner may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
(x) The staff
member, Association, and NSW Police shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public.
10. Local
Arrangements
(i) Local
arrangements may be negotiated between the Commissioner and the Association in respect
of the whole of NSW Police or part of NSW Police in relation to any matter
contained in the award.
(ii) All local
arrangements negotiated between the Commissioner and the Association must be:
(a) approved in
writing by the General Secretary of the Association; and
(b) contained in a
formal document, such as a co-lateral agreement, a memorandum of understanding,
an award, an enterprise agreement or other industrial instrument.
(iii) Subject to
the provisions of subclause (ii) of this clause, nothing in this clause shall
prevent the negotiation of local arrangements between the Commissioner and the
Association in respect of the provisions contained in clause 23. Flexible Work
Practices of this award, where the conditions of employment of any group are
such that the application of the standard flex time provisions would not be
practicable.
11. Working Hours
(a) The working
hours of staff and the manner of their recording, shall be as determined from
time to time by the Commissioner in accordance with any direction of the PEO.
Such direction will include the definition of full time contract hours as
contained in clause 3, Definitions of this award.
(b) The staff
member in charge of a Command/division or branch of NSW Police will be
responsible to the Commissioner for the proper observance of hours of work and
for the proper recording of such attendance.
(c) The
Commissioner may require a staff member to perform duty beyond the hours
determined under subclause (a) of this clause but only if it is reasonable for
the staff member to be required to do so. A staff member may refuse to work
additional hours in circumstances where the working of such hours would result
in the staff member working unreasonable hours. In determining what is unreasonable the following factors shall
be taken into account:
(1) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,
(2) any risk to
staff member’s health and safety
(3) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
(4) the notice (if
any) given by the Commissioner regarding the working of the additional hours,
and by the staff member of their intention to refuse the working of additional
hours, or
(5) any other
relevant matter.
(d) The
application of hours of work is subject to the provisions of this clause.
(e) The ordinary
hours may be standard or flexible and may be worked on a full time or part-time
basis.
(f) The
Commissioner shall ensure that all staff members employed in NSW Police are
informed of the hours of duty required to be worked and of their rights and responsibilities
in respect of such hours of duty.
12. Part-Time
Employment
(i) General
(a) This clause
shall only apply to part-time staff members whose conditions of employment are
not otherwise provided for in another industrial instrument.
(b) Part-time work
may be undertaken with the agreement of the Commissioner. Part-time work may be
undertaken in a part-time position or under a part-time arrangement.
(c) A part-time
staff member is to work contract hours less than full-time hours.
(d) Unless otherwise
specified in the award, part-time staff members receive full time entitlements
on a pro rata basis calculated according to the number of hours a staff member
works in a part-time position or under a part-time arrangement. Entitlements to
paid leave will accrue on the equivalent hourly basis.
(e) Before
commencing part-time work, the Commissioner and the staff member must agree
upon:
(1) the hours to
be worked by the staff member, the days upon which they will be worked,
commencing and ceasing times for the work, and whether hours may be rostered
flexibly;
(2) whether
flexible working hours provisions or standard hours provisions will apply to
the part-time staff member; and
(3) the
classification applying to the work to be performed;
(f) The terms of
the agreement must be in writing and may only be varied with the consent of
both parties.
(g) Incremental
progression for part-time staff members is the same as for permanent staff
members, that is, part-time staff members receive an increment annually.
(ii) Additional
hours
(a) An employer
may request, but not require, a part-time staff member to work additional
hours. For the time worked in excess of the staff member’s usual hours and up
to the normal full-time hours for the classification, part-time staff members
may elect to:
(1) be paid for
additional hours at their hourly rate plus a loading of 4/48ths in lieu of
recreation leave; or
(2) if working
under a Flexible Working Hours scheme under clause 20 of the Award, or a Local Agreement made in accordance with
clause 10 of the Award, have the time worked credited as flex time.
(b) For time
worked in excess of the full-time hours of the classification, or outside the
bandwidth payment shall be made at the appropriate overtime rate in accordance
with clause 94. Rate of Payment for Overtime of the Award.
13. Morning and
Afternoon Breaks
Staff members may take a 10 minute morning break, provided
that the discharge of public business is not affected and, where practicable,
they do so out of the view of the public contact areas. Staff members, other
than the 38 hour week workers, may also take a 10 minute afternoon break,
subject to the same conditions as apply to the morning break.
14. Meal Breaks
Meal breaks must be given to and taken by staff members. No
staff member shall be required to work continuously for more than 5 hours
without a meal break, provided that:-
(1) where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the staff member agrees. If the staff member requests to
reduce the break to not less than 30 minutes, the reduction must be
operationally convenient; and
(2) where the
nature of the work of a staff member or a group of staff members is such that
it is not possible for a meal break to be taken after not more than 5 hours,
local arrangements may be negotiated between the Commissioner and the
Association to provide for payment of a penalty.
15. Variation of
Hours
If the Commissioner is satisfied that a staff member is
unable to comply with the general hours operating in NSW Police because of
limited transport facilities, urgent personal reasons, community or family
reasons, the Commissioner may vary the staff member's hours of attendance on a
one off, short or long-term basis, subject to the following:
(1) the variation
does not adversely affect the operational requirements;
(2) there is no
reduction in the total number of daily hours to be worked;
(3) the variation
is not more than an hour from the commencement or finish of the span of usual
commencing and finishing time;
(4) a lunch break
of one hour is available to the staff member, unless the staff member elects to
reduce the break to not less than 30 minutes;
(5) no overtime or
meal allowance payments are made to the staff member, as a result of an
agreement to vary the hours;
(6) ongoing
arrangements are documented; and
(7) the
Association is consulted, as appropriate, on any implications of the proposed
variation of hours for the work area.
16. Natural Emergencies
and Major Transport Disruptions
(a) A staff member
prevented from attending work at a normal work location by a natural emergency
or by a major transport disruption may:
(1) apply to vary
the working hours as provided in clause 16. Variation of Hours of this award
and/or
(2) negotiate an
alternative working location with NSW Police; and/or
(3) take available
family and community service leave and/or flex leave, recreation or extended
leave or leave without pay to cover the period concerned.
(b) In the case of
major transport disruptions, provision may be made for a staff member to
provide motor vehicle transport in accordance with Clause 37.
17. Notification of
Absence from Duty
(a) If a staff
member is to be absent from duty, other than on authorised leave, the staff
member must notify the supervisor, or must arrange for the supervisor to be
notified, as soon as possible, of the reason for the absence.
(b) If a staff
member is absent from duty without authorised leave and does not provide an
explanation of the absence to the satisfaction of the Commissioner, the amount
representing the period of absence shall be deducted from the staff member's
pay.
18. Public Holidays
(a) Unless
directed to attend for duty by the Commissioner, a staff member is entitled to
be absent from duty on any day which is:
(1) a public
holiday throughout the State; or
(2) a local
holiday in that part of the State at or from which the staff member performs
duty; or
(3) a day between
Boxing Day and New Year's Day determined by the Commissioner as a public
service holiday.
(b) A staff
member, who is required by the Commissioner to work on a local holiday may be
granted time off in lieu on an hour for hour basis for the time worked on a
local holiday.
(c) If a local
holiday falls during a staff member's absence on leave, the staff member is not
to be credited with the holiday.
19. Standard Working
Hours
(a) Standard hours
are set and regular with an hour for lunch and, if worked by the staff member
under a flexible working hours scheme, would equal the contract hours required
to be worked under the scheme. Standard hours could be full time or part-time.
(b) Urgent
Personal Business - Where a staff member requires to undertake urgent personal
business, appropriate leave or time off may be granted by the
Commissioner. Where time off has been
granted, such time shall be made up as set out in subclause (d) of this clause.
(c) Late
Attendance - If a staff member is late for work, such staff member must either take
appropriate leave or, if the Commissioner approves, make the time up in
accordance with subclause (d) of this clause.
(d) Making up of
Time - The time taken off in circumstances outlined in subclauses (b) and (c)
of this clause must be made up at the
earliest opportunity. The time may be
made up on the same day or on a day or days agreed to between the staff member
and the Commissioner.
20. Flexible Working
Hours
1. Exclusions
Flexible working hours shall not apply to staff members
who work shift work.
2. Statement of
Intent
The Association, Staff members and management are
committed to fostering flexible work practices under Flexible Working Hours for
the benefit of Staff members and the achievement of the organisation’s goals.
The Association, Staff members and management will work co-operatively to
ensure the successful implementation of Flexible Working Hours.
All parties are committed to managing time worked to
avoid forfeiture of hours.
3. Statement of
Agreed Principles
Decisions regarding working hours and patterns of work
will be made by taking into account the following factors:
(a) The
convenience of the Service in terms of:
(1) the
requirements of a particular work unit
(2) the
operational requirements of the Service
(3) the availability
of work
(b) The personal
commitments and needs of the staff members.
4. General
(a) The contract
hours for the twelve week settlement period of Flexible Working Hours are 420.
The maximum debit hours that can be carried forwarded from one settlement
period to the next is 10 hours, except as otherwise specifically provided
within Clause 20.17 of this award.
Therefore, the minimum adjusted total of Accrued Work Time (AWT) at the
end of any settlement period is 410 hours.
(b) All absences
due to leave will be credited to an employees AWT. Such absences may be for periods as short as 15 minutes, with the
appropriate amount of time for the absence being recorded as AWT on the
employees record of attendance and debited to the employees leave records
maintained by the Service. A full day
absence is equivalent to 7 hours.
(c) Absences due
to industrial action will be managed in accordance with the provision of 6-21.7
of the Personnel Handbook, August 1999.
(d) Absences using
Flexitime or Banked time may be taken in conjunction with recreation leave and
may occur on more than one occasion during a settlement period within the
limits of Flexible Working Hours.
5. Definitions
"Staff member" for the purpose of Flexible
Working Hours means all persons permanently or temporarily employed by the NSW
Police Service under the Police Service Act 1990.
"Accrued Work Time" is all time worked by the
employee (except paid overtime) during the settlement period, on any day of the
week.
"Bandwidth" is the period during the day when
all employees may work and may record and accrue credit for time worked.
"Banked Time" is the terminology given to
those hours/days nominated by an employee to be banked at the end of a
settlement period. "Core time" is the period during the day when all
employees are required to be on duty, unless on authorised leave. The lunch
period is not part of core time.
"Flex time" is the terminology given to those
periods of time that an employee may absent themselves from work with the approval
of their supervisor under Flexible Working Hours during which no time is
credited towards the employees Accrued Work Time.
"Joint Consultative Committee" is a forum
established under the consultative arrangements agreed upon by the New South
Wales Government, the Public Service Association of NSW and the Labour Council
of NSW to promote, encourage and facilitate harmonious industrial relations
between employers and employees at the workplace or enterprise level.
6. Settlement
Period and Ordinary Hours.
(a) The settlement
period is twelve weeks. (Previously 4 weeks).
(b) Ordinary Hours
for full time Staff members are 35 hours per week, Monday to Friday. Standard hours are 35 hours per week between
8.30 am and 4.30 pm Monday to Friday.
(c) Ordinary hours
for part-time Staff members are less than 35 hours per week, Monday to Friday.
7. Bandwidth
(a) The standard
bandwidth is 7.00 am to 7.00 pm (previously 7.30 am to 6.00 pm), Monday to
Friday, during which time normal work can be undertaken.
(b) By mutual
agreement between an employee and their supervisor, the standard bandwidth may
be varied to an agreed bandwidth. Prior
to the agreement being reached the employee may consult with the Association. The variation to the bandwidth must be in
the form of a signed written agreement between both parties. In no case shall
the agreed bandwidth exceed 12 hours.
(c) If approval to
work outside the bandwidth is neither sought nor given, then time worked
outside the standard or agreed bandwidth is not to be counted towards AWT.
8. Core Time
(a) The standard
core time is 9.30 am to 3.00pm (previously 9.30 am to 3.30 pm).
(b) By mutual
agreement between an employee and their supervisor, an employee may work an
alternative core time of a minimum 5 -1/2 hour span within the standard or
agreed bandwidth, inclusive of a meal break of up to 2 -1/2 hours.
(c) As outlined at
20.9 (f) below, where employees are directed as to commencing or concluding
times, core time will be adjusted accordingly.
9. Hours Worked
(a) An employee
may select commencing and concluding times from day to day, subject to the
provisions of this Flexible Working Hours Clause.
(b) Where it
appears work is not available, an employee may be directed not to commence duty
prior to a specified time, not being a time later than the commencement of
standard hours.
(c) An employee
may only accumulate credit hours in excess of the minimum daily contract hours
where their supervisor is satisfied that work is available and it is convenient
to the Service for the employee to so work.
(d) All employees
are entitled to work a minimum 7 hours on any day. An employee cannot be directed to work less than 7 hours on any
day. An employee may be directed to
work 7 hours on any day, Monday to Friday.
(e) An employee
may elect to work standard hours.
Standard hours will be 7 hours work per day with a 1 hour lunch break,
Monday to Friday. The employee, in agreement with the supervisor, may nominate
commencing and concluding times for the standard hours.
(f) Flexible
Working Hours recognises the need to provide satisfactory levels of customer
service to clients. This includes
internal and external clients. In order
that a satisfactory level of customer service is provided to clients, where a
business unit within the Service can demonstrate a need to provide a level of
service between certain hours, employees may be directed to commence work at a
time earlier than the standard hours commencing time or to conclude work later
than the standard hours finishing time within the standard or agreed bandwidth.
(g) Employees
cannot be directed as to commencing or concluding times in accordance with 20.9
(f) until approval is granted to the business unit by the Manager, Industrial
Relations Branch following advice to the Association, and reasonable notice as
to commencement. The reasonableness of
any direction as to commencing or concluding times under 20.9 (f) above, may be
raised with the Joint Consultative Committee.
(h) Nothing in
this agreement shall prevent the Service from requiring an employee to revert
to working standard hours where it is evident that the employee is not
observing the conditions of Flexible Working Hours.
(i) Employees may
not be directed as to both commencing and concluding times except by way of a
direction to work standard hours.
10. Weekend Work
(a) The purpose of
this clause is to facilitate at the employees request only, and then only with
the approval of the supervisor, the working of ordinary hours on a weekend as a
substitute for a weekday or days. Any
such arrangement is subject to the provisions of this clause and is not to be
used to circumvent the provisions of Clause 20.14. All work directed on weekends is to be paid in accordance with
the provisions of Clause 20.14.
(b) At the request
of an employee, and with the approval of their supervisor, an employee may
undertake ordinary work on Saturdays and/or Sundays (without the payment of
overtime) within the limitations of the standard or agreed bandwidth. The time worked is to be counted towards
Accrued Work Time (AWT).
(c) With the
approval of the supervisor, an employee undertaking work on Saturdays and/or
Sundays may disregard the core time provisions of this Agreement.
(d) Where an
employee undertakes work on Saturdays and/or Sundays they may, with the
approval of their supervisor, absent themselves from duty on a one day for one
day basis, on any day or days between Monday and Friday. If a Saturday or
Sunday is worked, an employee may absent themselves from duty for one day. If
both Saturday and Sunday are worked, an employee may absent themselves from
duty for two days, which may be consecutive.
(e) Absences under
the Clause are always subject to the prior approval of the supervisor. Any such
day or days taken off under this arrangement will not affect the availability
of the number of Flex time days or "Banked" days otherwise available
within Flexible Working Hours.
(f) Employees who with the approval of their supervisor,
are desirous of utilising the provisions of this Clause are expected to agree
on the application of all of the provisions of this Clause before commencing
work on a Saturday and/or Sunday.
11. Lunch Breaks
and Meal Breaks Lunch
(a) Time taken for
lunch breaks and meal breaks does not count toward Accrued Work Time.
(b) No employee
shall be required to work more than five (5) consecutive hours without a meal
break of at least 30 minutes
(c) Lunch breaks
must be of at least 30 minutes duration with an entitlement of up to one and a
half hours (previously 1 hour)
(d) With the
supervisor’s prior approval, a longer lunch break may be taken, up to a maximum
of 2-1/2 hours. Lunch breaks within the standard bandwidth and core time may be
taken between 11.00am and 2.30 pm (previously 11.30 am - 2.30 pm)
12. Flexitime and
Banked Time Entitlements
(a) All staff may
take up to 6 Flex time days off in any settlement period. This time may be
taken off with other forms of authorised leave including Banked Time. The issue
of when Flex time days are taken is subject to the supervisor’s approval,
consistent with the provisions of Subclause 20.3 of this Agreement. The 6 Flex time days may be taken as either
full days or half days or combinations thereof. An employee does not receive credit towards their Accrued Work
Time (AWT) when taking Flex time. It is
not necessary for an employee to have a credit balance when taking a Flex time
day or days.
(b) All staff may
Bank time as "Banked" days subject to the provisions of 20.12
(c). A "Banked" day is
equivalent to 7 hours, and the employees AWT will be reduced by this amount for
each day banked. A "Banked" day or days may only be banked using
hours in excess of 420 for the settlement period. "Banked" days may
only be taken as full days. Seven (7)
hours will be credited to an employee’s AWT when a "Banked" day is
utilised for leave.
(c) An employee
may Bank time each settlement period on the following basis:
(1) where the
Staff member takes up to 6 Flex time days the bank is zero;
(2) where the
Staff member takes up to 5 Flex time days the possible bank is 1 day;
(3) where the
Staff member takes up to 4 Flex time days the possible bank is 2 days;
(4) where the
Staff member takes up to 3 Flex time days the possible bank is 3 days;
(5) where the
Staff member takes less than 3 Flex time days the possible bank is 3 days.
(d) Over four or
more settlement periods a maximum or equivalent of 12 days may be banked. Employees cannot accumulate more than 12
"Banked" days.
(e) "Banked"
days may be taken with other forms of authorised leave including Flex time and
can be taken in quantities ranging from 1 to 12 days. The issue of when "Banked" days are taken is subject to
the supervisor’s approval.
(f) Subject to
20.12 (c) above, relevant employees and supervisors will make every effort to
ensure that a situation does not arise where an employee who has accumulated
the maximum 12 "Banked" days, forfeits hours at the end of any
settlement period.
13. Accrual of
Accrued Work Time (AWT)
(a) All time
worked during the settlement period in accordance with Flexible Working Hours
(except paid overtime) will count towards an employees Accrued Work Time (AWT).
(b) An employee
should have a total AWT of at least 410 hours at the conclusion of a settlement
period. The minimum of 410 hours includes all credited AWT and all approved
leave, but does not include unused Banked Time.
(c) Where AWT is
less than 410 hours at the end of a settlement period, an employee will be
required to submit a recreation leave form for the amount of shortfall or
alternatively they may, subject to 20.13 (d) below, use up 3 "Banked"
days to pay off debit hours. Where an employee has no recreation leave
available, leave without pay for the amount of time below 410 hours will apply
and the LWOP is credited to the AWT total. Where an employee consistently
totals 410 hours AWT or less at the end of settlement periods, the Service may
require the employee to revert to standard hours.
(d) An employee
with "Banked" days, and a debit balance in excess of 10 hours at the
end of a settlement period, may use 1,2 or 3 "Banked" days to pay off
debit hours. Where an employee uses up to 3 "Banked" days to pay off
debit hours and accumulated AWT is still less than 410 hours, the provisions of
20.13 (c) will apply.
(e) An employee is
entitled to accumulate and/or carry forward hours in excess of 420 ordinary
hours at the end of a settlement period up to and including 42 hours.
(f) Where an
employee exceeds 462 hours at the end of a settlement period, and the excess
hours are not converted into "Banked" day or days in accordance with
20.13 (g) below, the hours in excess of 462 will be forfeited.
(g) Subject to the
provisions of 20.12 (b) and 20.12 (c) above, at the end of a settlement period,
an employee may convert the hours in excess of 420 into a "Banked"
day or days.
(h) An employee
with AWT at the conclusion of a settlement period that amounts to less than 420
and greater than 410 hours must carry the appropriate debit hours forward to
the next settlement period.
14. Work Outside
the Standard or Agreed Bandwidth (Overtime)
(a) The provisions
of the Crown Employees (NSW Police Administrative Officers and Temporary
Employees Conditions of Employment) Award 2006 will apply and overtime rates
will be payable in accordance with this Award.
(b) Application of
overtime under Flexible Working Hours will be as follows:
(1) If at the
direction of the supervisor, an employee works outside the standard or agreed
bandwidth, overtime provisions will apply
(2) At the
direction of the supervisor, an employee may be required to work overtime on a
Monday to Friday, provided that the employee has worked a minimum of 7 hours
within the standard or agreed bandwidth on that day.
15. Higher Duties
Allowance
(a) The parties
agree that the implementation of Flexible Working Hours should not result in
additional costs to the Service with regard to the payment of Higher Duties
Allowance (HDA).
(b) Where an
employee performs relief in another position as a result of a
"Banked" day or "Banked" days being taken by the incumbent,
the relief performed will not attract HDA, nor will it be recognised for the
purposes of accruing an entitlement to HDA.
(c) Where an
employee performs relief in another position as a result of a Flex time day or
Flex time days being taken by the incumbent, the relief performed will not
attract HDA, nor will it be recognised for the purposes of accruing an
entitlement to HDA.
(d) Where
"Banked" days and/or Flex time days are combined with other absences
(ie recreation leave, sick leave, etc), the other absences must be taken as a
continuous block. This continuous block will determine an employee’s
eligibility to claim an HDA.
16. Travelling on
Official Business
(a) Any travel on
official business during the standard or agreed bandwidth on a working day
shall be treated as time worked for the purposes of Flexible Working Hours.
(b) Employees
shall be compensated for travelling time outside the standard or agreed
bandwidth in accordance with the provisions of Clause 25 of this Award.
17. Disruption of
Transport
(a) Where an
employee is delayed or prevented from attending the work place as a result of a
transport strike or a major transport delay, the following conditions will
apply.
(1) The employee
may commence or cease duty at any time. Time worked on such days will
accumulate in the normal way.
(2) Where an
employee is unable to attend the work place due to a transport disruption and
is unable to work from home or attend another place of work, the employee may
take the full day off as an additional Flex time day in the period and may
carry the additional hours forward into the following settlement period.
(3) An employee
affected by transport disruption will not be debited recreation leave or leave
without pay if the employee has, as a consequence of the transport delay,
accrued less than 410 hours in the settlement period coinciding with the
transport disruption. However, the employee must ensure that their adjusted
total of AWT is at least 410 hours at the end of the following settlement
period.
18. Separation
from the Service
(a) Where a Staff
member gives notice or resignation, retirement or transfer to another
government department, the supervisor and employee will, during the period of
notice, take all reasonable steps to eliminate any accumulated credit or debit
hours, including "Banked Time".
(b) Supervisors
will take all reasonable steps to facilitate the elimination of accumulated
credit or debit hours by such employees. The provisions relating to Core time
may be varied by the supervisor if necessary.
(c) Officers may
be directed by the supervisor, in relation to their hours of attendance, to
ensure that AWT is balanced to neither credit nor debit, at the conclusion of
their last day of service. Such direction may include the taking of
"Banked" or Flex time days.
(c) Where an
employee has an accumulation of debit hours at the completion of the last day
of service, the accumulated recreation leave or moneys owing to that employee
will be adjusted accordingly.
(d) Where despite
the provisions of this Clause, an employee has an accumulation of credit hours
at the completion of the last day of service, then the accumulated credit hours
are to be paid to the employee at the current salary rate. However, if requested by the employee and
agreed by the new agency, some or all such credit hours may be carried forward
to the new agency.
19. Part-Time
Staff Members
(a) Part-time
employees may accumulate Accrued Work Time (AWT) and have the same rights to
flexible working hours as full-time employees but calculated on a pro-rata
hours basis. They may not be required to work more than their contract hours.
(b) An employee
who is employed under a part-time work arrangement which does not require fixed
starting or finishing times on all the normal working days may accrue up to the
maximum pro-rata accumulated credit and debit entitlements under Flexible
Working Hours.
(c) Contract hours
for an employee working under a part-time arrangement shall be calculated on
the total number of agreed hours to be worked in a settlement period.
(d) Pro-rata Flex
time entitlements shall be calculated to the nearest half hour on a pro-rata
basis. Pro-rata Banked time entitlement shall be calculated to the nearest
"Banked" day. When taking either a half or full Flex time day, the
additional time to cover the absence could be made up over the settlement
period with the supervisor’s approval or by taking either recreation or
extended leave.
(e) An employee
who elects to change from full-time to part-time work by agreement, may be
permitted to exhaust accumulated Flex time entitlements prior to commencing
part-time work, or have any existing accumulated credit balance carried over.
Future entitlements for Flex time from this accumulated credit hour balance
carry over shall be calculated on the basis of fulltime work until exhausted.
(f) An employee
who changes from part-time to full time employment by agreement, may be
permitted to exhaust accumulated Flex time entitlements prior to commencing
fulltime work, or carry over the entitlement, which until exhausted shall be
calculated in accordance with sub-clause 20.19 (d) above.
20. Grievances
The parties shall co-operate in the monitoring of the
operation of Flexible Working Hours.
Identified operational and administrative problems may be raised either
at workplace level through the applicable grievance procedures or through the
Joint Consultative Committee.
21. Rostered Days Off
for 38 Hour Week Workers
(a) The provisions
of this clause apply only to those staff members who work a 38 hour week and
are entitled to a rostered day off in a regular cycle.
(b) Time for a
rostered day off accrues at 0.4 of an hour each 8 hour day.
(1) Except as
provided in paragraph (2) of this subclause, all paid ordinary working time and
paid leave count towards accrual of time for the rostered day off.
(2) Limit - When a
long period of approved leave is taken, accrual towards a rostered day off
applies only in respect of the 4 weeks’ period during which the staff member
resumes duty.
(3) Exception -
Notwithstanding the provisions of paragraph (2) of this subclause, where more
generous provisions apply to the accrual of rostered days off, such provisions
shall continue to apply until renegotiated.
(c) In the event
of unforeseen circumstances or NSW Police operational requirements, the
rostered day off may be deferred and taken at a later more suitable time.
(d) Where seasonal
or school vacation considerations affect NSW Police operations, rostered days
off may be accrued and taken during a less active period.
(e) A rostered day
off is not to be re-credited if the staff member is ill or incapacitated on a
rostered day off.
(f) Payment of
higher duties is not to be made to another staff member for undertaking some or
all of the duties of the staff member who is absent on a rostered day off.
22. Non-Compliance
In the event of any persistent failure by a staff member to
comply with the hours of duty required to be worked, the Commissioner, shall
investigate such non compliance as soon as it comes to notice and shall take
appropriate remedial action according to the Commentary and Guidelines on
Conduct and Performance Provisions - Part 2.7 of the Public Sector
Employment and Management Act 2002.
23. Flexible Work
Practices
(a) Nothing in
this award shall affect the hours of duty of a staff member who is covered by a
written flexible working hours agreement negotiated under the Flexible Work
Practices, Policy and Guidelines.
(b) Flexible
working hours agreements negotiated in terms of the NSW Government Flexible
Work Practices, Policy and Guidelines after 28 October 1997 shall be subject to
the conditions specified in this award and in consultation with the
Association.
24. Existing Hours of
Work Determinations
Any existing Determinations/Agreements, pursuant to sections
85 and 86 of the Act on local arrangements in respect of the hours of work
which operated in NSW Police as at the effective date of this award, shall
continue to apply until renegotiated.
25. Travelling
Compensation - General
(a) Any authorised
official travel and associated expenses, properly and reasonably incurred by a
staff member required to perform duty at a location other than their normal
headquarters shall be met by NSW Police.
(b) The
Commissioner shall require staff members to obtain an authorisation for all
official travel prior to incurring any travel expense.
(c) Where
available at a particular centre or location, the overnight accommodation to be
occupied by staff members who travel on official business shall be the middle
of the range standard, referred to generally as three star or three diamond
standard of accommodation.
(d) Where payment
of a proportionate amount of an allowance applies in terms of this clause, the
amount payable shall be the appropriate proportion of the daily rate. Any
fraction of an hour shall be rounded off to the nearest half-hour.
26. Excess Travelling
Time
(a) Excess
Travelling Time - A staff member directed by the Commissioner to travel on
official business outside the usual hours of duty to perform duty at a location
other than normal headquarters is entitled to apply and to be compensated for
such time either by:
(1) Payment
calculated in accordance with the provisions contained in this clause; or
(2) If it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business.
(b) Compensation
under paragraphs (1) or (2) of subclause (a) of this clause, shall be subject
to the following conditions:
(1) On a
non-working day - subject to the provisions of subclauses (c)(4), (5), (6) and
(7) all time spent travelling on official business;
(2) On a working
day - subject to the provisions of subclause (c) of this clause, all time spent
travelling on official business outside the usual hours of duty,
provided the period for which compensation is being
sought is more than a half an hour on any one day.
(c) Compensation
for excess travelling time shall exclude the following:
(1) Time normally
taken for the periodic journey from home to headquarters and return;
(2) Any periods of
excess travel of less than 30 minutes on any one day;
(3) Travel to new
headquarters on permanent transfer, if special leave has been granted for the
day or days on which travel is to undertaken;
(4) Time from
11.00p.m. on one day to 7.30a m. on the following day if sleeping facilities
have been provided.
(5) Travel not
undertaken by the most practical available route and by the most practical and
economic means of transport;
(6) Working on
board ship where meals and accommodation are provided;
(7) Any travel
undertaken by a member of staff whose salary includes an all incidents of
employment component;
(8) Travel
overseas.
(9) For staff members
under Flexible Working Hours any travel on official business during the
standard or agreed bandwidth on a working day shall be treated as time worked.
(d) Payment -
Payment for travelling time calculated in terms of this clause shall be at the
staff member’s ordinary rate of pay on an hourly basis calculated as follows:
Annual salary
|
X
|
5
|
X
|
1
|
1
|
260.89
|
Normal hours of
work
|
(e) The rate of
payment for travel or waiting time on a non-working day shall be the same as
that applying to a working day.
(f) Staff members
whose salary is in excess of the maximum rate for Clerk, Grade 5 shall be paid
travelling time or waiting time calculated at the maximum rate for Clerk, Grade
5 plus $1.00 per annum, as adjusted from time to time.
(g) Time off in
lieu or payment for excess travelling time or waiting time will not be granted
or made for more than eight hours in any period of 24 consecutive hours.
27. Waiting Time
When a staff member travelling on official business is
required to wait for transport in order to commence a journey to another
location or to return home or headquarters and such time is outside the normal
hours of duty, the waiting time shall be treated and compensated for in the
same manner as excess travelling time pursuant to clause 26. Excess Travelling Time.
28. Meal Expenses on
One-Day Journeys
(a) A staff member
who is authorised by the Commissioner to undertake a one-day journey on
official business which does not require the staff member to obtain overnight
accommodation, shall be paid the appropriate rate of allowance set out in Item
1 - Allowances of Table 1 of Part B Monetary Rates for:-
(1) Breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
(2) An evening
meal when required to travel until or beyond 6.30 p.m.; and
(3) Lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the staff
member’s normal headquarters at the time of taking the normal lunch break.
29. Travelling
Allowances When Staying in Non-Government Accommodation
(1) Subject to
subclause (8), a staff member who is required by the Commissioner to work from
a temporary work location shall be compensated for accommodation, meal and
incidental expenses properly and reasonably incurred during the time actually
spent away from the staff member's residence in order to perform the work.
(2) For the first
35 days, the payment shall be either:
(a) The
appropriate rate of allowance specified in Item 2 of Table 1 -Allowances of
Part B Monetary Rates for every period of 24 hours absence by the staff member
from their residence; and actual meal expenses properly and reasonably incurred
(excluding morning and afternoon teas) for any residual part day travel; OR
(b) If the staff
member elects, actual expenses, properly and reasonably incurred for the whole
trip on official business (excluding morning and afternoon teas) together with
an incidental expenses allowance set out in Item 2 of Table 1 - Allowances of
Part B Monetary Rates.
(3) Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the staff member satisfies the Commissioner that, despite the period of absence
being of less than 24 hours duration, expenditure for accommodation and three
meals has been incurred.
(4) Where a staff
member is unable to so satisfy the Commissioner, the allowance payable for part
days of travel shall be limited to the expenses incurred during such part day
travel.
(5) After the
first 35 days - If a staff member is required by the Commissioner to work in
the same temporary work location for more than 35 days, such staff member shall
be paid the appropriate rate of allowance as specified in Item 2 of Table 1 -
Allowances of Part B Monetary Rates.
(6) Long term
arrangements - As an alternative to the provisions after the first 35 days set
out in subclause (5) of this clause, NSW Police could make alternative
arrangements for meeting the additional living expenses, properly and
reasonably incurred by a staff member working from a temporary work location.
(7) The return of
a staff member to their home at weekends, on rostered days off or during short
periods of leave while working from a temporary work location shall not
constitute a break in the temporary work arrangement.
(8) This clause
does not apply to staff members who are on an employee initiated secondment
arrangement in accordance with section 95 and/or 95A of the Act.
30. Travelling
Allowances When Staying in Government Accommodation
When a staff member working from a temporary work location
is provided with accommodation by the Government, the staff member shall be
entitled to claim the incidental expenses allowance set out in Item 3 of Table
1 of Part B Monetary Rates for the same period. If meals are not provided by
the Government at the temporary work location, the staff member shall be
entitled to claim also the reimbursement of any meal expenses properly and reasonably
incurred during the time spent at the temporary work location.
31. Restrictions on
Payment of Travelling Allowances
(a) An allowance
under clause 29. Travelling Allowance when Staying in Non Government
Accommodation or clause 30. Travelling Allowances when staying in Government
Accommodation is not payable in respect of:
(1) Any period
during which the staff member returns to their residence at weekends or public
holidays, commencing with the time of arrival at that residence and ending at
the time of departure from the residence;
(2) Any period of
leave, except with the approval of the Commissioner or as otherwise provided by
this clause; or
(3) Any other
period during which the staff member is absent from the staff member's
temporary work location otherwise than on official duty.
(b) A staff member
who is in receipt of an allowance under clause 29. Travelling Allowance when
Staying in Non Government Accommodation or clause 30. Travelling Allowances
when staying in Government Accommodation, shall be entitled to an allowance
under clause 29, in the following circumstances:
(1) When granted
special leave to return to their residence at a weekend, for the necessary
period of travel for the journey from the temporary work location to the staff
member's residence; and for the return journey from the staff member's
residence to the temporary work location, or
(2) When leaving a
temporary work location on ceasing to perform duty at or from a temporary work
location, for the necessary period of travel to return to the staff member's
residence or to take up duty at another temporary work location;
but is not entitled to any other allowance in respect
of the same period.
32. Increase Or
Reduction in Payment of Travelling Allowances
Where the Commissioner is satisfied that a travelling
allowance is:
(1) Insufficient
to adequately reimburse the staff member for expenses properly and reasonably
incurred, a further amount may be paid to reimburse the staff member for the
additional expenses incurred; or
(2) In excess of
the amount which would adequately reimburse the staff member for expenses
properly and reasonably incurred, the allowance may be reduced to an amount
which would reimburse the staff member for expenses incurred properly and
reasonably.
33. Production of
Receipts
Payment of any actual expenses shall be subject to the
production of receipts, unless the Commissioner is prepared to accept other
evidence from the staff member.
34. Travelling
Distance
The need to obtain overnight accommodation shall be
determined by the Commissioner having regard to the safety of the staff member
or members travelling on official business and local conditions applicable in
the area. Where staff members are required to attend conferences or seminars
which involve evening sessions or staff members are required to make an early
start at work in a location away from their normal workplace, overnight
accommodation shall be appropriately granted by the Commissioner.
35. Camping
Allowances
(a) Except as
provided in an Award, Agreement or Determination, payment of the camping
allowance applies to a staff member who is:-
(1) In receipt of
a camping equipment allowance under clause 39, Camping Equipment Allowance; or
(2) Provided with
camping equipment by NSW Police; or
(3) Reimbursed by
NSW Police for the cost of hiring camping equipment.
(b) When required
to camp in connection with the performance of official duties, a staff member
shall be paid an allowance for the expenses incurred in camping as follows:-
(1) The daily rate
specified in Item 4 of Table 1 of Part B Monetary Rates for all expenses; and
(2) Where required
to camp for more than 40 nights in any calendar year - that daily rate plus the
additional rate for that year as specified in Item 4 of Table 1 - Allowances of
Part B of Monetary Rates.
(c) Where the
Commissioner is satisfied that it was not reasonable in the circumstances for
the staff member to camp, a staff member who is entitled to camping allowance
shall be paid a travelling allowance under either Clause 29 or Clause 30,
whichever is appropriate, instead of the camping allowance.
(d) A staff member
who is paid a remote areas allowance under clause 40 Allowance for Living in a
Remote Area of this award is entitled to continue to receive that allowance
while receiving a camping allowance.
36. Composite
Allowance
(a) The rate of
the allowance under this clause shall be the daily rate for all expenses as
shown in Item 5 of Table 1 - Allowances of Part B Monetary Rates.
(b) In order to be
paid the composite allowance under this clause, the staff member shall submit
to the Commissioner an election each 12 months. If the election is not made by
the staff member or not approved by the Commissioner, travelling or camping
allowances under Clauses 29, 30 or 35, whichever is appropriate, shall apply.
(c) An election
under subclause (b) of this clause is revocable 12 months after it is made,
unless the staff member changes classification.
(d) A staff member
who elects to receive the composite allowance is entitled to payment of the
allowance, regardless of whether they are required to camp, or are residing
temporarily in hotels, motels or other fixed establishments in order to perform
official duties in the field (except as provided in subclause (e).
(e) On occasions
when a staff member receiving a composite allowance is provided with
accommodation by the Government, the allowance ceases. The incidental expenses allowances and
reimbursement for any meal expenses properly and reasonably incurred and not
provided by the Government are to be paid in accordance with clause 30,
Travelling Allowances when staying in Government Accommodation
(f) The amount of
composite allowance payable per hour for a portion of a day is in all cases
1/24th of the appropriate daily rate. When the time taken is a fraction of an
hour, periods of less than a half hour are disregarded while periods between a
half hour and 1 hour are counted as 1 hour (that is, the time is rounded to the
nearest hour).
(g) A staff member
who receives a composite allowance is entitled to the camping equipment
allowance if the Commissioner certifies that it is necessary for the staff
member to provide camping equipment at personal expense.
37. Allowance Payable
for Use of Private Motor Vehicle
(a) The
Commissioner may authorise a staff member to use a private motor vehicle for
work where:
(1) Such use will
result in greater efficiency or involve NSW Police in less expense than if
travel were undertaken by other means; or
(2) Where the
staff member is unable to use other means of transport due to a disability.
(b) There shall be
different classes of allowance payable for the use of a private motor vehicle
for work. The appropriate rate of the Motor vehicle allowance - casual rate of
allowance or the Motor vehicle allowance - official business rate of allowance,
as defined in clause 3, Definitions of this award, shall be paid depending on
the circumstances and the purpose for which the vehicle is used.
(c) A staff member
who, with the approval of the Commissioner, uses a private motor vehicle for
work shall be paid an appropriate rate of allowance specified in Item 6 of
Table 1 of Part B Monetary Rates for the use of such private motor vehicle. A
deduction from the allowance payable is to be made for travel as described in
subclause (d) of this clause.
(d) Deduction from
allowance
(1) Except as
otherwise specified in this award, a staff member shall bear the cost of
ordinary daily travel by private motor vehicle between the staff member's residence
and headquarters and for any distance travelled in a private capacity. A
deduction will be made from any motor vehicle allowance paid, in respect of
such travel.
(2) In this
subclause "headquarters" means the administrative headquarters to
which the staff member is attached or from which the employee is required to
operate on a long term basis or the designated headquarters per (3) below.
(3) Designated
headquarters
(i) Where the
administrative headquarters of the staff member to which they are attached is
not within the typical work area in which the staff member is required to use
the private vehicle on official business, the distance to and from a point
designated within the typical work area is to be adopted as the distance to and
from the headquarters for the purpose of calculating the daily deduction.
(ii) A staff
member's residence may be designated as their headquarters provided that such
recognition does not result in a further amount of allowance being incurred
than would otherwise be the case.
(4) On days when a
staff member uses a private vehicle for official business and travels to and
from home, whether or not the staff member during that day visits headquarters,
a deduction is to be made from the total distance travelled on the day. The deduction is to equal the distance from
the staff member's residence to their headquarters and return or 20 kilometres
(whichever is the lesser) and any distance that is travelled in a private
capacity.
(5) Where a
headquarters has been designated per 3 (i) above and the staff member is
required to attend the administrative headquarters, the distance for
calculating the daily deduction is to be the actual distance to and from the
administrative headquarters, or, to and from the designated headquarters,
whichever is the lesser.
(6) Deductions are
not to be applied in respect of days characterised as follows.
(i) When staying
away from home overnight, including the day of return from any itinerary.
(ii) When the
employee uses the vehicle on official business and returns it to home prior to
travelling to the headquarters by other means of transport at their own
expense.
(iii) When the
employee uses the vehicle for official business after normal working hours.
(iv) When the
monthly claim voucher shows official use of the vehicle has occurred on one day
only in any week. Exemption from the deduction under this sub-paragraph is
exclusive of, and not in addition to, days referred to in (i), (ii) and (iii)
above.
(v) When the
employee buys a weekly or other periodical rail or bus ticket, provided NSW
Police is satisfied that:
at the time of purchasing the periodical ticket the
employee did not envisage the use of their private motor vehicle on approved
official business;
the periodical ticket was in fact purchased; and
in regard to train travellers, no allowance is to be
paid in respect of distance between the staff member’s home and the railway
station or other intermediate transport stopping place.
(e) The staff
member must have in force in respect of a motor vehicle used for work, in
addition to any policy required to be affected or maintained under the Motor
Vehicles (Third Party Insurance) Act, 1942, a comprehensive motor vehicle
insurance policy to an amount and in a form approved by the Commissioner.
(f) Expenses such
as tolls etc. shall be refunded to staff members where the charge was incurred
during approved work related travel.
(g) Where a staff
member tows a trailer or horse-float during travel resulting from approved work
activities while using a private vehicle, the staff member shall be entitled to
an additional allowance as prescribed in Item 6 of Table 1 - Allowances of Part
B Monetary Rates.
(h) Use of private
motor vehicle during a public transport disruption
(1) A staff member
who, during a public transport disruption, provides private motor vehicle
transport to two or more other staff members (preferably from NSW Police) is,
with the Commissioner’s approval, entitled to a motor vehicle allowance at the
casual rate minus an amount for any travel as described in subclause (d) of
this clause
(i) if the staff
member is designated essential by NSW Police and has to use their own private
motor vehicle to get to and from work, or
(ii) if one or
more of the other staff members carried is designated essential, and if the
vehicle approved for use is comprehensively insured in accordance with
subclause (e).
(2) In the case of
a motorcycle or motor scooter, half the normal motorcycle and scooter allowance
may be paid, as long as the vehicle transports one other staff member and is
comprehensively insured in accordance with subclause (e).
(3) In respect of
staff members who are ordinarily authorised to use their private vehicle on
official business, the Commissioner should assess authorisations in the light
of the disruption to transport.
(i) If the
Commissioner authorises use of the vehicle on the day, the normal allowance is
to be paid, minus an amount for any travel as described in subclause (d) of
this clause.
(ii) If the
Commissioner authorises the use of the vehicle on the day and requires the
transport to and from work of at least one other essential staff member from
NSW Police, then the normal allowance and travel between the staff member’s
residence and headquarters is to be paid.
38. Damage to Private
Motor Vehicle Used for Work
(a) Where a
private vehicle is damaged while being used for work, any normal excess
insurance charges prescribed by the insurer shall be reimbursed by NSW Police,
provided:
(1) The damage is
not due to gross negligence by the staff member; and
(2) The charges
claimed by the staff member are not the charges prescribed by the insurer as
punitive excess charges.
(b) Provided the
damage is not the fault of the staff member, NSW Police shall reimburse to a
staff member the costs of repairs to a broken windscreen, if the staff member
can demonstrate that:
(1) The damage was
sustained on approved work activities; and
(2) The costs
cannot be met under the insurance policy due to excess clauses.
39. Camping Equipment
Allowance
(a) In this
clause, "camping equipment" includes instrument and travelling
equipment.
(b) A staff member
who provides camping equipment required for the performance of official duties
shall be paid a camping equipment allowance at the rate specified in Item 7 of
Table 1 - Allowances of Part B Monetary Rates for the expense of providing the
equipment.
(c) A staff member
who provides own bedding and sleeping bag while camping on official business,
shall be paid an additional allowance at the rate specified in Item 7 of Table
1- Allowances of Part B Monetary Rates.
40. Allowance for
Living in a Remote Area
(a) A staff member
shall be paid an allowance for the increased cost of living and the climatic
conditions in a remote area, if:
(1) Indefinitely
stationed and living in a remote area as defined in subclause (b); or
(2) Not
indefinitely stationed in a remote area but because of the difficulty in
obtaining suitable accommodation compelled to live in a remote area as defined
in subclause (b).
(b) Grade of
appropriate allowance payable under this clause shall be determined as follows:
(1) Grade A
allowances - the appropriate rate shown as Grade A in Item 8 of Table 1 -
Allowances of Part B Monetary Rates in respect of all locations in an area of
the State situated on or to the west of a line starting from the right bank of
the Murray River opposite Swan Hill and then passing through the following
towns or localities in the following order, namely: Conargo, Coleambally, Hay,
Rankins Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone,
Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, and includes a
place situated in any such town or locality, except as specified in paragraphs
(2) and (3) of this subclause;
(2) Grade B
allowances - the appropriate rate shown as Grade B in Item 8 of Table 1 -
Allowances of Part B Monetary Rates; in respect of the towns and localities of
Angledool, Barringun, Bourke, Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe,
Lake Mungo, Lightning Ridge, Louth, Mungindi, Pooncarie, Redbank, Walgett,
Wanaaring, Weilmoringle, White Cliffs, Wilcannia and Willandra;
(3) Grade C
allowances - the appropriate rate shown as Grade C in Item 8 of Table 1 -
Allowances of Part B Monetary Rates in respect of the localities of Fort Grey,
Mutawintji, Mount Wood, Nocoleche, Olive Downs, Tibooburra and Yathong.
(c) The dependant
rate for each grade is payable where
(1) the staff
member has a dependant as defined; and
(2) the staff
member’s dependant(s) resides within the area that attracts the remote area
allowance; and
(3) the staff
member’s spouse, if also employed in the service of the Crown, is not in
receipt of an allowance under this clause, unless each spouse resides at a
separate location within the remote area.
(d) For the
purposes of this clause dependant is defined as
(1) the spouse of
the staff member (including a de facto spouse);
(2) each child of
the staff member aged eighteen years or under;
(3) each son and
daughter of the staff member aged more than eighteen years but less than
twenty-six years who remains a student in full time education or training at a
recognised educational institution, or who is an apprentice; and
(4) any other
person who is part of the staff member’s household and who is, in the opinion
of the Public Employment Office, substantially financially dependent on the
staff member.
(e) NSW Police
temporary employees, such as relief staff, who are employed for short periods
are not eligible to receive a remote areas allowance.
(f) A staff
member who is a volunteer part-time member of the Defence Force and receives
the remote area allowance at the non-dependant rate is not paid the allowance
while on military leave
(g) A staff member
who is a volunteer part-time member of the Defence Forces and receives the
remote area allowance at the dependant rate may continue to receive the
allowance at the normal rate for the duration of the military leave provided
that:
(1) the staff
member continues in employment; and
(2) the dependants
continue to reside in the area specified; and
(3) military pay
does not exceed NSW Police salary plus the remote areas allowance.
If the military salary exceeds NSW Police salary plus
the allowance at the dependant rate, the allowance is to be reduced to the
non-dependant rate.
41. Assistance to
Staff Members Stationed in a Remote Area When Travelling on Recreation Leave
(a) A staff member
who:
(1) Is
indefinitely stationed in a remote area of the State of New South Wales
situated to the west of the 144th meridian of longitude or such other area to
the west of the 145th meridian of longitude as determined by the Public
Employment Office; and
(2) Proceeds on
recreation leave to any place which is at least 480 kilometres by the nearest practicable
route from the staff member's work location in that area,
shall be paid an allowance once in any period of 12
months at the appropriate rate shown in Item 9 of Table 1 - Allowance of Part B
Monetary Rates for the additional costs of travel.
(b) Dependant in
this clause has the same meaning as clause 40(d).
(c) Allowances
under this clause do not apply to staff members who have less than three years
service and who, at the date of engagement, were resident in the defined area.
42. Overseas Travel
Unless the Commissioner determines that a staff member shall
be paid travelling rates especially determined for the occasion, a staff member
required by NSW Police to travel overseas on official business, shall be paid
the appropriate overseas travelling allowance rates as specified in the
relevant Premier’s Department Circular as issued from time to time.
43. Exchanges
(a) The
Commissioner may arrange two way or one way exchanges with other organisations
both public and private, if NSW Police or the staff member will benefit from
additional training and development which is intended to be used in the
carrying out of NSW Police business.
(b) The conditions
applicable to those staff members who participate in exchanges will be
determined by the Commissioner according to the individual circumstances in
each case (Item 11 of Table 1 - Allowances of Part B Monetary Rates).
(c) The provisions
of this subclause do not apply to the loan of services of staff members to the
Association. The provisions of clause
56 Conditions Applying to On Loan Arrangements of this award apply to staff
members who are loaned to the Association.
44. Room at Home Used
as Office
(a) Where no NSW
Police office is provided in a particular location - Where it is impractical to
provide an office in a particular location, staff members stationed in such a
location may be required to use a spare room at their home as an office. In
such cases, NSW Police will be responsible for providing furniture, telephone
and other equipment, as required. In addition, an allowance as specified in
Item 12 of Table 1 - Allowances of Part B Monetary Rates is payable for the use
of a room at home as an office.
(b) Where an
office exists in a particular location - Where a NSW Police office or offices
already exist in a particular location but the staff member and the manager
agree that the staff member could work from home on a short term or longer term
basis, the arrangement shall be negotiated in accordance with the provisions of
Flexible Work Practices, Policy and Guidelines. The allowance set out in subclause (a) shall not apply in these
circumstances.
(c) Requirements -
Arrangements under subclause (a) or (b) of this clause shall be subject to:
(1) A formal
agreement being reached in respect of the hours to be worked; and
(2) The
occupational health and safety, provision of equipment requirements and any
other relevant conditions
Specified in Part 2, Section 7 Working from Home in the
Flexible Work Practices, Policy and Guidelines.
45. Semi-Official
Telephones
(a) Reimbursement
of expenses associated with a private telephone service installed at the
residence of a staff member shall be made as specified in this clause if the
staff member is required to be contacted or is required to contact others in
connection with the duties of his/her position in NSW Police, as and when
required.
(b) The service
must be located in the staff member's principal place of residence and its
telephone number communicated to all persons entitled to have out of hours
contact with the staff member.
(c) The
semi-official telephone allowance applies to staff who are required, as part of
their duties to:
(1) Give
decisions, supply information or provide emergency services; and/or
(2) Be available
for reasons of safety or security for contact by the public outside of normal
office hours.
(d) Unless better
provisions already apply to a staff member or a staff member has been provided
with an official telephone, reimbursement of expenses under this clause shall
be limited to the following:
(1) The connection
fee for a telephone service, if the service is not already available at the
staff member's principal place of residence;
(2) The full
annual base rental charged for the telephone service regardless of whether any
official calls have been made during the period; and
(3) The full cost
of official local, STD and ISD calls.
(e) To be eligible
for reimbursement, staff must submit their telephone account and a statement
showing details of all official calls, including:
(1) Date, time,
length of call and estimated cost;
(2) Name and phone
number of the person to whom call was made; and
(3) Reason for the
call.
46. Flying Allowance
Staff members, other than those employed to fly aircraft,
shall be paid an allowance as specified in Item 14 of Table 1 - Allowances of
Part B Monetary Rates when required to work from an in flight situation. The
flying allowance payable under this clause shall be paid in addition to any
other entitlement for the time actually spent working in the aircraft.
47. Uniforms,
Protective Clothing and Laundry Allowance
(a) Uniform, etc.
provided by NSW Police - A staff member who is required or authorised by the
Commissioner to wear a uniform, protective clothing or other specialised clothing
in connection with the performance of official duties shall be provided by NSW
Police with such clothing and shall be paid an allowance at the rate specified
in Item 15 of Table 1 - Allowances of Part B Monetary Rates for laundering the
uniform or protective clothing, unless the staff member is entitled to receive
a laundry allowance under another industrial instrument.
(b) Where payment
of the laundry allowance is not appropriate because of the specialised nature
of the clothing, the cost of maintaining such clothing shall be met by NSW
Police.
(c) Uniform, etc.
provided by the staff member - Where the uniform, protective clothing or other
specialised clothing is provided by the staff member, such staff member shall
be reimbursed the cost of the uniform, protective clothing or other specialised
clothing.
48. Compensation for
Damage to Or Loss of Staff Member’s Personal Property
(a) Where damage
to or loss of the staff member's personal property occurs in the course of
employment, a claim may be lodged under the Workers Compensation Act
1987 and/or under any insurance policy of NSW Police covering the damage to or
loss of the personal property of the staff member.
(b) If a claim
under subclause (a) of this clause is rejected by the insurer, the Commissioner
may compensate a staff member for the damage to or loss of personal property,
if such damage or loss:
(1) Is due to the
negligence of NSW Police, another staff member, or both, in the performance of
their duties; or
(2) Is caused by a
defect in a staff member's material or equipment; or
(3) Results from a
staff member’s protection of or attempt to protect NSW Police property from
loss or damage.
(c) Compensation
in terms of subclause (b) of this clause shall be limited to the amount
necessary to repair the damaged item. Where the item cannot be repaired or is
lost, the Commissioner may pay the cost of a replacement item, provided the
item is identical to or only marginally different from the damaged or lost item
and the claim is supported by satisfactory evidence as to the price of the
replacement item.
(d) For the
purpose of this clause, personal property means a staff member's clothes,
spectacles, hearing-aid, tools of trade or similar items which are ordinarily
required for the performance of the staff member’s duties.
(e) Compensation
for the damage sustained shall be made by NSW Police where, in the course of
work, clothing or items such as spectacles, hearing aids, etc, are damaged or
destroyed by natural disasters or by theft or vandalism.
49. Garage and
Carport Allowance
(a) Where a staff
member garages a NSW Police vehicle in their own garage or carport and the use
of the garage or carport is considered essential by the Commissioner, such
staff member shall be paid an appropriate rate of allowance as specified in
Item 16 of Table 1 - Allowances of Part B, Monetary Rates.
(b) Payment of the
garage or carport allowance shall continue during periods when the staff member
is absent from headquarters.
50. Community
Language Allowance Scheme
(a) Staff members
who possess a basic level of competence in a community language and who work in
locations where their community language is utilised at work to assist clients
and such staff members are not:
(1) Employed as
interpreters and translators; and
(2) Employed in
those positions where particular language skills are an integral part of
essential requirements of the position,
shall be paid an allowance as specified in Item 17 of
Table 1 - Allowances of Part B Monetary Rates, subject to subclauses (b) and
(c).
(b) The base level
of the CLAS is paid to staff members who:
(1) are required
to meet occasional demands for language assistance (there is no regular pattern
of demand for their skill); and
(2) have passed an
examination administered by the Community Relations Commission.
(c) The higher
level of CLAS is paid to staff members who meet the requirements for the base
level of payment and:
(1) are regularly
required to meet high levels of customer demand involving a regular pattern of
usage of the staff member’s language skills, as determined by the Commissioner;
or
(2) have achieved
qualifications of NAATI interpreter level or above. This recognises that staff
with higher levels of language skill will communicate with an enhanced degree of
efficiency and effectiveness.
51. First Aid
Allowance
(a) A staff member
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such staff member as specified
in Item 18 of Table 1 - Allowances of Part B Monetary Rates.
(b) The First Aid
Allowance - Basic Qualifications rate will apply to a staff member appointed as
a First Aid Officer who holds a St John’s Ambulance Certificate or equivalent
qualifications (such as the Civil Defence or the Red Cross Society’s First Aid
Certificates) issued within the previous three years,
(c) The Holders of
current Occupational First Aid Certificate Allowance rate will apply to a staff
member appointed as a First Aid Officer who:
(1) is appointed to
be in charge of a First-Aid room in a workplace of 200 or more staff members
(100 for construction sites); and
(2) holds an
Occupational First-Aid Certificate issued within the previous three years.
(d) The First Aid
Allowance shall not be paid during extended leave or any other continuous
period of leave which exceeds four weeks.
(e) When the First
Aid Officer is absent on leave for one week or more and another qualified staff
member is selected to relieve in the First Aid Officer's position, such staff
member shall be paid a pro rata first aid allowance for assuming the duties of
a First Aid Officer.
(f) First Aid
Officers may be permitted to attend training and retraining courses conducted
during normal hours of duty. The cost of training staff members who do not
already possess qualifications and who need to be trained to meet NSW Police
needs, and the cost of retraining First Aid Officers, are to be met by NSW
Police.
52. Review of
Allowances Payable in Terms of This Award
Adjustment of Allowances - Allowances contained in this
award shall be reviewed as follows:
(a) Allowances
listed in this paragraph will be determined at a level consistent with the
reasonable allowances amounts for the appropriate income year as published by
the Australian Taxation Office (ATO).
(1) Clause 28.
Meal Expenses on one day journeys;
(2) Clause 29.
Travelling Allowances when staying in Non Government Accommodation;
(3) Clause 30.
Travelling Allowances when staying in Government Accommodation;
(4) Clause 93.
Overtime meal allowances.
(b) Allowances
payable in terms of clauses listed in this paragraph shall be adjusted on 1
July each year in line with the increases in the Consumer Price Index for
Sydney during the preceding year (March quarter figures):
(1) Clause 35.
Camping Allowances;
(2) Clause 36.
Composite Allowance;
(3) Clause 37.
Allowances payable for use of private motor vehicle;
(4) Clause 39.
Camping Equipment Allowance;
(5) Clause 40.
Allowance for living in a remote area;
(6) Clause 41.
Assistance to staff members stationed in a remote area when travelling on
recreation leave;
(7) Clause 44.
Room at Home used as Office;
(8) Clause 47
Uniforms, protective clothing and Laundry Allowance
(9) Clause 49.
Garage and Carport Allowance.
(c) Allowances
payable in terms of clauses listed in this paragraph shall continue to be
subject to a percentage increase under an Award, Agreement or Determination and
shall be adjusted on and from the date or pay period the percentage increase
takes effect:
(1) Clause 91. On call
(Stand-by) and On call Allowance ;
(2) Clause 46.
Flying Allowance;
(3) Clause 50.
Community Language Allowance Scheme;
(4) Clause 51.
First Aid Allowance.
53. Trade Union
Activities Regarded as on Duty
An Association delegate will be released from the
performance of normal duty with NSW Police when required to undertake any of
the activities specified below. While
undertaking such activities the Association delegate will be regarded as being
on duty and will not be required to apply for leave:
(a) Attendance at
meetings of the workplace's Occupational Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Occupational Health and Safety Committee members at
a place of work as provided for in the Occupational Health and Safety Act,
2000 and the Occupational Health and Safety Regulation 2001.
(b) Attendance at
meetings with workplace management or workplace management representatives;
(c) A reasonable
period of preparation time, before-
(1) Meetings with
management;
(2) Disciplinary
or grievance meetings when an Association member requires the presence of an
Association delegate; and
(3) Any other
meeting with management,
by agreement with management, where operational requirements
allow the taking of such time;
(d) Giving
evidence in court on behalf of the employer;
(e) Appearing as a
witness before the Government and Related Employees Appeal Tribunal;
(f) Representing
the Association at the Government and Related Employees Appeal Tribunal as an
advocate or as a Tribunal Member;
(g) Presenting
information on the Association and Association activities at induction sessions
for new staff of NSW Police; and
(h) Distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is to be kept to a minimum
and is to be undertaken at a time convenient to the workplace.
54. Trade Union
Activities Regarded as Special Leave
The granting of special leave with pay will apply to the
following activities undertaken by an Association delegate, as specified
below:-
(a) Annual or
biennial conferences of the Association;
(b) Meetings of
the Association 's Executive, Committee of Management or Councils;
(c) Annual
conference of the Unions NSW and the biennial Congress of the Australian
Council of Trade Unions;
(d) Attendance at
meetings called by the Unions NSW and or PEO involving the Association which
requires attendance of a delegate;
(e) Attendance at
meetings called by the Commissioner, as the employer for industrial purposes,
as and when required;
(f) Giving
evidence before an Industrial Tribunal as a witness for the Association;
(g) Reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 54, 55 and 56 apply.
55. Trade Union
Training Courses
The following training courses will attract the grant of
special leave as specified below:-
(a) Accredited
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&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 pursuant to clause 10, Local Arrangements
of this award.
(b) 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:
(1) The operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(2) Payment being
at the base rate, ie excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(3) All travelling
and associated expenses being met by the staff member or the Association;
(4) Attendance
being confirmed in writing by the Association or a nominated training provider.
56. Conditions
Applying to on Loan Arrangements
Subject to the operational requirements of the workplace, on
loan arrangements will apply to the following activities:
(a) Meetings
interstate or in NSW of a Federal nature to which an Association member has
been nominated or elected by the Association:-
(1) As an
Executive Member; or
(2) A member of a
Federal Council; or
(3) Vocational or
industry committee.
(b) Briefing
counsel on behalf of the Association;
(c) Assisting
Association officials with preparation of cases or any other activity outside
their normal workplace at which the delegate is required to represent the
interests of the Association;
(d) Country tours
undertaken by a member of the executive or Council of the Association;
(e) Taking up of
full time duties with the Association if elected to the office of President,
General Secretary or to another full time position with the Association.
(f) Financial
Arrangements - The following financial arrangements apply to the occasions when
a staff member is placed "on loan" to the Association:-
(1) The NSW Police
will continue to pay the delegate or an authorised Association representative
whose services are on loan to the Association;
(2) The NSW Police
will seek reimbursement from the Association at regular intervals of all salary
and associated on costs, including superannuation, as specified by the NSW
Treasury from time to time.
(3) Agreement with
the Association on the financial arrangements must be reached before the on
loan arrangement commences and must be documented in a manner negotiated
between the Commissioner and the Association.
(g) Recognition of
"on loan" arrangement as service - On loan arrangements negotiated in
terms of this clause are to be regarded as service for the accrual of all leave
and for incremental progression.
(h) Limitation -
On loan arrangements may apply to full-time or part-time staff and are to be
kept to the minimum time required. Where the Association needs to extend an on
loan arrangement, the Association shall approach the Commissioner in writing
for an extension of time well in advance of the expiration of the current
period of on loan arrangement.
(i) Where the
Commissioner and the Association cannot agree on the on loan arrangement, the
matter is to be referred to the PEO for determination after consultation with
the Commissioner and the Association.
57. Period of Notice
for Trade Union Activities
The Commissioner must be notified in writing by the
Association or, where appropriate, by the accredited delegate as soon as the
date and/or time of the meeting, conference or other accredited activity is
known.
58. Access to
Facilities By Trade Union Delegates
The workplace shall provide accredited delegates with
reasonable access to the following facilities for authorised Association
activities:
(a) Telephone,
facsimile and, where available, E-mail facilities;
(b) A notice board
for material authorised by the Association or access to staff notice boards for
material authorised by the Association;
(c) Workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
59. Responsibilities
of the Trade Union Delegate
Responsibilities of the Association delegate are to:
(a) Establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
(b) Participate in
the workplace consultative processes, as appropriate;
(c) Follow the
dispute settling procedure applicable in the workplace;
(d) Provide
sufficient notice to the immediate supervisor of any proposed absence on
authorised Association business;
(e) Account for
all time spent on authorised Association business;
(f) When special
leave is required, to apply for special leave in advance;
(g) Distribute
Association literature/membership forms, under local arrangements negotiated
between the Commissioner and the Association; and
(h) Use any
facilities provided by the workplace properly and reasonably as negotiated at
organisational level.
60. Responsibilities
of the Trade Union
Responsibilities of the Association are to:
(a) Provide
written advice to the Commissioner about an Association activity to be
undertaken by an accredited delegate and, if requested, to provide written
confirmation to the workplace management of the delegate's
attendance/participation in the activity;
(b) Meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in subclause (c) of clause 61, Responsibilities of
Workplace Management;
(c) Pay promptly
any monies owing to the workplace under a negotiated on loan arrangement;
(d) Provide proof
of identity when visiting a workplace in an official capacity, if requested to
do so by management;
(e) Apply to the
Commissioner well in advance of any proposed extension to the "on
loan" arrangement;
(f) Assist the
workplace management in ensuring that time taken by the Association delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly; and
(g) Advise
employer of any leave taken by the Association delegate during the on loan
arrangement.
61. Responsibilities
of Workplace Management
Where time is required for Association activities in
accordance with this clause the responsibilities of the workplace management
are to:
(a) Release the
accredited delegate from duty for the duration of the Association activity, as
appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
(b) Advise the
workplace delegate of the date of the next induction session for new staff
members in sufficient time to enable the Association to arrange representation
at the session;
(c) Meet the
travel and/or accommodation costs properly and reasonably incurred in respect
of meetings called by the workplace management;
(d) Where
possible, to provide relief in the position occupied by the delegate in the
workplace, while the delegate is undertaking Association responsibilities to
assist with the business of workplace management;
(e) Re-credit any
other leave applied for on the day to which special leave or release from duty
subsequently applies;
(f) Where an
Association activity provided under this clause needs to be undertaken on the
Association delegate's rostered day off or during an approved period of flex
leave, to apply the provisions of subclause (e) of this clause;
(g) To continue to
pay salary during an "on loan" arrangement negotiated with the
Association and to obtain reimbursement of salary and on-costs from the
Association at regular intervals, or as otherwise agreed between the parties if
long term arrangements apply;
(h) To verify with
the Association the time spent by an Association delegate or delegates on
Association business, if required; and
(i) If the time
and/or the facilities allowed for Association activities are thought to be used
unreasonably and/or improperly, to consult with the Association before taking
any remedial action.
62. Right of Entry
Provisions
The right of entry provisions shall be as prescribed under
the Occupational Health and Safety Act 2000 and the Industrial
Relations Act 1996.
63. Travelling and
Other Costs of Trade Union Delegates
(a) Except as
specified in subclause (c) of clause 61. Responsibilities of Workplace
Management of this award, all travel and other costs incurred by accredited
Association delegates in the course of Association activities will be paid by
the Association.
(b) In respect of
meetings called by the workplace management in terms of subclause (c) of clause
61. Responsibilities of Workplace Management of this award, the payment of
travel and/or accommodation costs, properly and reasonably incurred, is to be
made, as appropriate, on the same conditions as apply under clauses 25, 28, 29,
30 or 31 of this award.
(c) No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by a staff member from NSW Police or the PEO, in respect of Association
activities covered by special leave or on duty activities provided for in this
clause.
(d) The on loan
arrangements shall apply strictly as negotiated and no extra claims in respect
of the period of on loan shall be made on NSW Police by the Association or the
staff member.
64. Industrial Action
(a) Provisions of
the Industrial Relations Act 1996 shall apply to the right of
Association members to take lawful industrial action (Note the obligations of
the parties under Clause 9, Grievance and Dispute Settling procedures).
(b) There will be
no victimisation of staff members prior to, during or following such industrial
action.
65. Consultation and
Technological Change
(a) There shall be
effective means of consultation, as set out in the Consultative Arrangements
Policy and Guidelines document, on matters of mutual interest and concern, both
formal and informal, between management and Association.
(b) The NSW Police
management shall consult with the Association prior to the introduction of any
technological change.
66. Deduction of
Trade Union Membership Fees
(a) 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
in accordance with clause 10, Local Arrangements of this award.
67. Leave - General
Provisions
(a) 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 in terms of
clause 10, Local Arrangements of this award.
(b) 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.
(c) Unless
otherwise specified in this award a temporary employee employed under Sections
90 and 91 of the Act 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 Public Service, if such period or
periods of employment commence immediately on termination of a previous period
or periods of employment.
(d) Where paid and
unpaid leave is available to be granted in terms of this award, paid leave
shall be taken before unpaid leave.
68. Absence from Work
(a) A staff member
must not be absent from work unless reasonable cause is shown.
(b) 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.
(c) 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.
(d) 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.
(e) Nothing in
this clause affects any proceedings for a breach of discipline against a staff
member who is absent from duty without authorised leave.
69. Applying for
Leave
(a) An application
by a staff member for leave under this Award shall be made to and dealt with by
the Commissioner.
(b) The
Commissioner, shall deal with the application for leave according to the wishes
of the staff member, if the operational requirements of NSW Police permit this
to be done.
70. Parental Leave
Parental leave includes maternity, adoption leave and
"other parent" leave.
(a) 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:
(1) For a period
up to 9 weeks prior to the expected date of birth; and
(2) For a further
period of up to 12 months after the actual date of birth.
(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.
(b) 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:
(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
(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.
(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, flex time or family and community service
leave.
(c) 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:
(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;
(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
(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.
(d) A staff member
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of 14 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:
(1) Applied for
parental leave within the time and in the manner determined set out in
subclause (i) of this clause; and
(2) Prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
(3) Payment for
the maternity, adoption or short other parent leave may be made as follows:
(i) in advance as
a lump sum; or
(ii) fortnightly
as normal; or
(iii) fortnightly
at half pay; or
(iv) a combination
of full‑pay and half pay.
(e) Payment for
maternity, adoption or other parent 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:
(1) at the full
time rate if they began part time leave 40 weeks or less before starting
maternity, adoption or other parent leave;
(2) at the part
time rate if they began part time leave more than 40 weeks before starting
maternity, adoption or other parent leave and have not changed their part time
work arrangements for the 40 weeks;
(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.
(f) A staff
member who has taken no more than 12 months full time maternity, adoption or
other parent leave or its part time equivalent is entitled to be paid at their
normal rate (i.e. the rate at which they were paid before proceeding on
parental leave) for another period of such leave regardless of whether they
resume their normal hours of work before proceeding on leave for another
pregnancy or adoption.
(g) Except as
provided in subclauses (d), (e) and (f) of this clause, maternity, adoption or
other parent leave shall be granted without pay.
(h) Right to
request
(1) A staff member
who has been granted maternity, adoption or other parent leave in accordance
with subclause (a), (b) or (c) may make a request to the Commissioner to:
(i) extend the
period of unpaid maternity, adoption or other parent leave for a further
continuous period of leave not exceeding 12 months;
(ii) return from a
period of full time maternity, adoption or other parent 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.
(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.
(i) Notification
Requirements
(1) When NSW
Police is made aware that a staff member or their spouse is pregnant, or a
staff member’s spouse is pregnant or is adopting a child, NSW Police must
inform the staff member of their entitlements and their obligations under the
Award.
(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:
(i) that she/he
intends to take maternity, adoption or other parent leave, and
(ii) the expected
date of birth or the expected date of placement, and
(iii) if she/he is
likely to make a request under subclause (h).
(3) At least 4
weeks before a staff member's expected date of commencing maternity, adoption
or other parent leave they must advise:
(i) the date on
which the maternity, adoption or other parent leave is intended to start, and
(ii) the period of
leave to be taken.
(4) Staff member’s
request and the Commissioner’s decision to be in writing
The staff member’s request and the Commissioner’s
decision made under 70(h)(1)(i) and 70(h)(1)(ii) must be recorded in writing.
(5) A staff member
intending to request to return from maternity, adoption or other parent 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.
(6) A staff member
on maternity leave is to notify NSW Police of the date on which she gave birth
as soon as she can conveniently do so.
(7) A staff member
must notify NSW Police as soon as practicable of any change in her intentions
as a result of premature delivery or miscarriage.
(8) A staff member
on maternity or adoption leave may change the period of leave or arrangement,
once without the consent of NSW Police and any number of times with the consent
of NSW Police. In each case she/he must
give NSW Police at least 14 days notice of the change unless the Commissioner
decides otherwise.
(j) A staff
member has the right to his/her former position
(1) if she/he has
taken approved leave or part time work in accordance with subclause (h), and
she resumes duty immediately after the approved leave or work on a part time
basis.
(k) If the
position occupied by the staff member immediately prior to the taking of
maternity, adoption or other parent 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.
(l) 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.
(m) A staff member
who has returned to full time duty without exhausting their entitlement to 12
months unpaid maternity, adoption or other parent 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 NSW Police) must be given.
(n) 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.
(o) A staff member
may elect to take available recreation leave or extended leave within the
period of maternity, adoption or other parent leave provided this does not
extend the total period of such leave.
(p) A staff member
may elect to take available recreation leave at half pay in conjunction with
maternity, adoption or other parent leave subject to:
(i) accrued
recreation leave at the date leave commences is exhausted within the period of
maternity, adoption or other parent leave
(ii) the total
period of maternity, adoption or other parent
leave, is not extended by the taking of recreation leave at half pay
(iii) 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
(q) 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 member of staff, 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.
(r) 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 which ever is the earlier.
(s) Communication
during maternity, adoption or other parent leave
(1) Where a staff
member is on maternity, adoption or other parent leave and a definite decision
has been made to introduce significant change at the workplace, NSW Police
shall take reasonable steps to:
(i) 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 maternity, adoption or other parent leave; and
(ii) 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 maternity, adoption or other parent leave.
(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 maternity, adoption or other parent 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.
(3) The staff
member shall also notify the Commissioner of changes of address or other
contact details which might affect NSW Police capacity to comply with paragraph
(1).
71. Extended Leave
(a) Extended leave
shall accrue and shall be granted to staff members in accordance with the
provisions of Part 6 of the Police Regulation, 2000.
72. Family and
Community Service Leave
(a) 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 family
responsibilities, performance of community service or emergencies. Where possible, non-emergency appointments
or duties should be scheduled or performed outside of normal working hours.
(b) Such cases may
include but not be limited to the following:-
(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;
(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;
(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;
(4) Attending to
family responsibilities such as - citizenship ceremonies, parent/teacher
interviews or attending child's school for other reasons;
(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;
(6) 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; and
(7) 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.
(c) The definition
of "family" or "relative" in this clause is the same as
that provided in subclause 80 (c) (2) of this award.
(d) The maximum
amount of family and community service leave on full pay which may, subject to
this award, be granted to a staff member shall be in accordance with paragraph
(1) or in accordance with paragraph (2)
whichever is the greater:.
(1) 2½ of the
staff member’s working days in the first year of service and; on completion of
the first year’s service, 5 of the staff member’s working days in any period of
2 years.; or
(2) After the
completion of 2 years continuous service, the available family and community
service leave is determined by allowing 1 days leave for each completed year of
service less the total amount of short leave or family and community service
leave previously granted to the staff member.
(e) 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.
(f) 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.
(g) In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with subclause (c) of clause 80.
Sick Leave to Care for a Sick Family Member shall be granted when paid family
and community service leave has been exhausted.
(h) The
Commissioner may also grant staff members other forms of leave such as accrued
recreation leave, time off in lieu, flex leave and so on for family and
community service leave purposes.
73. Leave Without Pay
(a) The
Commissioner may grant leave without pay to a staff member if good and
sufficient reason is shown.
(b) Leave without
pay may be granted on a full-time or a part-time basis.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) No paid leave
shall be granted during a period of leave without pay.
74. Military Leave
(a) 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.
(b) 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.
(c) Up to 24
working days military leave per year may be granted by the Commissioner to
members of the Naval and Military Reserves and up to 28 working days per year
to members of the Air Force Reserve for the activities specified in subclause
(a) of this clause.
(d) 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.
(e) 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
sub-clause (c) may be granted Military Leave Top up Pay by the Commissioner.
(f) 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.
(g) During a
period of Military Leave Top up Pay, a staff member will continue to accrue
sick leave, recreation and extended leave entitlements, and NSW Police is to
continue to make superannuation contributions at the normal rate.
(h) At the
expiration of military leave in accordance with sub-clause (b) or (d), 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.
75. Observance of
Essential Religious Or Cultural Obligations
(a) A staff member
of:
(1) Any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
(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,
flex leave or leave without pay to do so.
(b) Provided
adequate notice as to the need for leave is given by the staff member to NSW
Police 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.
(c) 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:
(1) Adequate
notice being given by the staff member;
(2) Prior approval
being obtained by the staff member; and
(3) The time off
being made up in the manner approved by the Commissioner.
(d) Notwithstanding
the provisions of subclause (a), (b) and (c) of this clause, arrangements may
be negotiated between NSW Police and the Association in terms of clause 10,
Local Arrangements of this award to provide greater flexibility for staff
members for the observance of essential religious or cultural obligations.
76. Recreation Leave
(a) Accrual
(1) Except where
stated otherwise in this award, paid recreation leave for full time staff
members and recreation leave for staff members working part time, accrues at
the rate of 20 working days per year. Staff members working part time shall
accrue paid recreation leave on a pro rata basis, which will be determined on
the average weekly hours worked per leave year.
(2) Additional
recreation leave, at the rate of 5 days per year, accrues to a staff member,
employed in terms of the Police Regulation 2000, who is stationed indefinitely
in a remote area of the State, being the Western and Central Division of the State
described as such in the Second Schedule to the Crown Lands Consolidation
Act 1913 before its repeal.
(3) Recreation
leave accrues from day to day.
(b) Limits on
Accumulation and Direction to take leave
(1) At least two
(2) consecutive weeks of recreation leave shall be taken by a staff member
every 12 months, except by agreement with the Commissioner in special
circumstances.
(2) Where the
operational requirements permit, the application for leave shall be dealt with
by the Commissioner in according to the wishes of the staff member.
(3) 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 NSW Police.
(4) 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 NSW Police.
(c) 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:-
(1) Specify in
writing the period of time during which the excess shall be conserved; and
(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 weeks'
limit.
(3) The Commissioner
will inform a staff member in writing on a regular basis of the staff member’s
recreation leave accrual.
(d) Miscellaneous
(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.
(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).
(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 (4) of
this subclause.
(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.
(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 (4) of this
subclause shall be calculated to an exact one (1) hour (fractions less than one
(1) hour being rounded down).
(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.
(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 70,
Parental Leave.
(8) On cessation
of employment, a staff member is entitled to be paid, the money value of
accrued recreation leave which remains untaken.
(9) A staff member
to whom paragraph (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.
(e) 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.
(f) Where no beneficiary
has been nominated, the monetary value of recreation leave is to be paid as
follows:-
(1) To the widow
or widower of the staff member; or
(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
(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
(4) If there is no
person entitled under paragraph (1), (2) or (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.
(g) Additional
compensation for rostered work performed by shift workers on Sundays and Public
Holidays - Shift workers who are rostered to work their ordinary hours on
Sundays and/or Public Holidays during the period 1 December of one year to 30
November, of the following year, or part thereof, shall be entitled to receive
additional annual leave or payment as provided for in subclauses (g) or (h)
respectively of clause 86. Shift Work.
(h) Recreation
leave does not accrue during leave without pay other than
(1) military leave
taken without pay when paid military leave entitlements are exhausted;
(2) absences due
to natural emergencies or major transport disruptions, when all other paid
leave is exhausted;
(3) any continuous
period of sick leave taken without pay when paid sick leave is exhausted;
(4) incapacity for
which compensation has been authorised under the Workplace Injury Management
and Workers' Compensation Act 1998; or
(5) periods which
when aggregated, do not exceed 5 working days in any period of 12 months.
77. Annual Leave
Loading
(a) General -
Unless more favourable conditions apply to a staff member under another
industrial instrument, a staff member, other than a trainee who is paid by
allowance, is entitled to be paid an annual leave loading as set out in this
subclause. Subject to the provisions set out in subclauses (b) to (f) of this
clause, the annual leave loading shall be 17½% on the monetary value of up to 4
weeks recreation leave accrued in a
leave year.
(b) Loading on
additional leave accrued - Where additional leave is accrued by a staff
member:-
(1) As
compensation for work performed regularly on Sundays and/or Public Holidays,
the annual leave loading shall be calculated on the actual leave accrued or on
five weeks, whichever is the lower.
(2) If stationed
in an area of the State of New South Wales which attracts a higher rate of
annual leave accrual, the annual leave loading shall continue to be paid on a
maximum of 4 weeks leave.
(c) Shift workers
- Shift workers proceeding on recreation leave are eligible to receive the more
favourable of:
(1) The shift
premiums and penalty rates, or any other allowances paid on a regular basis in
lieu thereof, which they would have received had they not been on recreation
leave; or
(2) 17½% annual
leave loading.
(d) Maximum
Loading - Unless otherwise provided in an Award or Agreement under which the
staff member is paid, the annual leave loading payable shall not exceed the
amount which would have been payable to a staff member in receipt of salary
equivalent to the maximum salary for a Grade 12 Clerk.
(e) Leave year -
For the calculation of the annual leave loading, the leave year shall commence
on 1 December each year and shall end on 30 November of the following year.
(f) Payment of
annual leave loading - Payment of the annual leave loading shall be made on the
recreation leave accrued during the previous leave year and shall be subject to
the following conditions:
(1) Annual leave
loading shall be paid on the first occasion in a leave year, other than the
first leave year of employment, when a staff member takes at least two (2)
consecutive weeks recreation leave. Where a staff member does not have at least
2 weeks recreation leave available, the staff member may use a combination of
recreation leave and any of the following: public holidays, flex leave,
extended leave, leave without pay, time off in lieu, rostered day off. The
staff member shall be paid the annual leave loading for such period, provided
the absence is at least 2 weeks.
(2) If at least
two weeks’ leave, as set out in paragraph (1) of this subclause, is not taken
in a leave year, then the payment of the annual leave loading entitlement for
the previous leave year shall be made to the staff member as at 30 November of
the current year.
(3) While annual
leave loading shall not be paid in the first leave year of employment, it shall
be paid on the first occasion in the second leave year of employment when at
least two weeks leave, as specified in paragraph (1) of this subclause, is
taken.
(4) A staff member
who has not been paid the annual leave loading for the previous leave year,
shall be paid such annual leave loading on resignation, retirement or
termination by the employer for any reason other than the staff member's
serious and intentional misconduct.
(5) Except in
cases of voluntary redundancy, proportionate leave loading is not payable on
cessation of employment.
78. Sick Leave
(a) Illness in
this clause and in clauses 80 and 81 means physical or psychological illness or
injury, medical treatment and the period of recovery or rehabilitation from an
illness or injury.
(b) 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:
(1) Shall grant to
the staff member sick leave on full pay; and
(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.
(c) 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:
(1) is unable to
carry out their duties without distress; or
(2) risks further
impairment of their health by reporting for duty; or
(3) is a risk to
the health, wellbeing or safety of other staff members, NSW Police clients or
members of the public
(d) Entitlements
(1) Sick leave on
full pay accrues to a staff member at the rate of 15 days each calendar year.
Any leave accrued and not utilised accumulates.
(2) Sick leave on
full pay accrues at the beginning of the calendar year. If a staff member is
appointed after 1 January, sick leave on full pay accrues on a proportionate
basis for the year in which employment commences.
(3) A staff
member’s sick leave entitlement is to be reduced when an aggregate period of 1
months leave without pay is taken during a calendar year. A month is 22 working
days.
(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.
(5) Notwithstanding
the provisions of paragraph (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.
(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.
(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.
(8) Paid sick
leave shall not be granted during a period of unpaid leave, except where a
staff member is on sick leave without pay extending past 1 January when a new
annual grant accrues.
(e) 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.
(f) 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.
79. Sick Leave -
Requirements for Medical Certificate
(a) A staff member
absent from duty for more than 3 consecutive working days because of illness
must furnish a medical certificate to the Commissioner in respect of the
absence.
(b) A staff member
who furnishes a medical certificate covering the latter part of the absence
only, may be granted sick leave for the entire period if the Commissioner is
satisfied that the reason for the absence is genuine.
(c) A staff member
shall be put on notice in advance if required by the Commissioner to furnish a
medical certificate in respect of an absence from duty for 3 consecutive
working days or less because of illness.
(d) If there is
any concern about the reason shown on the medical certificate, the Commissioner,
after discussion with the staff member, may refer the medical certificate and
the staff member's application for leave to the Government Medical Officer for
advice.
(e) The nature of
the leave to be granted to a staff member shall be determined by the
Commissioner on the advice of the Government Medical Officer.
(f) If sick leave
applied for is not granted, the Commissioner must, as far as practicable, take
into account the wishes of the staff member when determining the nature of the
leave to be granted.
(g) A staff member
may elect to have an application for sick leave dealt with confidentially by
the Government Medical Officer in accordance with the general public service
policy on confidentiality, as applies from time to time.
(h) If a staff
member who is absent on recreation leave or extended leave, furnishes to the
Commissioner a satisfactory medical certificate 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:-
(1) In respect of
recreation leave, the period set out in the medical certificate;
(2) In respect of
extended leave, the period set out in the medical certificate if such period is
5 working days or more.
(i) Subclause (h)
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.
(j) The reference
in this clause to a medical certificate shall apply, as appropriate, to the
certificates of up to one week 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.
Where the absence exceeds one week, and unless the health provider listed above
is also a registered medical practitioner, applications for any further sick
leave must be supported by a medical certificate from a registered medical
practitioner.
80. Sick Leave to
Care for a Family Member
When family and community service leave provided for in
clause 72 is exhausted, a staff member with responsibilities in relation to a
category of person set out in subclause (c) 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.
(a) The sick leave
shall initially be taken from the current leave year’s entitlement followed, if
necessary, by 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.
(b) If required by
the Commissioner, the staff member must establish by production of a medical
certificate or statutory declaration, the illness of the person concerned.
(c) The
entitlement to use sick leave in accordance with this clause is subject to:
(1) The staff
member being responsible for the care and support of the person concerned; and
(2) The person
concerned being:-
(i) a spouse of
the staff member; or
(ii) 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
(iii) 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 and legal guardian),
grandparent, grandchild or sibling of the staff member or of spouse or of de
facto spouse of the staff member; or
(iv) 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.
81. Sick Leave -
Workers' Compensation
(a) The
Commissioner shall advise each staff member of the 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.
(b) 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.
(c) 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.
(d) The
Commissioner will ensure that, once received by NSW Police, a staff member’s
workers compensation claim is lodged by NSW Police with the workers
compensation insurer within the statutory period prescribed in the Workers
Compensation Act 1987.
(e) 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.
(f) 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.
(g) A staff member
who continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers Compensation Act 1987 may
use any accrued and untaken sick leave to make up the difference between the
amount of compensation payable under that Act and the staff member's ordinary
rate of pay. Sick leave utilised in this way shall be debited against the staff
member.
(h) 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.
(i) 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.
(j) 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.
(k) 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.
(l) Nothing in
this clause prevents a staff member from appealing a decision or taking action
under other legislation made in respect of:
(1) The staff
member's claim for workers' compensation;
(2) The conduct of
a medical examination by a Government or other Medical Officer;
(3) A medical
certificate issued by the examining Government or other Medical Officer; or
(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.
82. Sick Leave -
Claims Other Than Workers' Compensation
(a) 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 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:-
(1) Any such
claim, if made, will include a claim for the value of any period of paid sick
leave granted by NSW Police to the staff member; and
(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 the monetary value of any such
period of sick leave.
(b) 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.
(c) On repayment
to NSW Police 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.
83. Special Leave
(a) Special Leave
- Jury Service
(1) A staff member
shall, as soon as possible, notify the Commissioner of the details of any jury
summons served on the staff member.
(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.
(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.
(b) 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 NSW Police.
(c) 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:
(1) Be granted,
for the whole of the period necessary to attend as such a witness, special
leave on full pay; and
(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.
(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 NSW Police for the required period.
(d) 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.
(e) Special Leave
- Examinations -
(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.
(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.
(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.
(f) Special Leave
- Union Activities - Special leave on full pay may be granted to staff members
who are accredited Association delegates to undertake Association activities as
provided for in clause 54. Trade Union Activities Regarded as Special Leave of
this award.
(g) 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.
(h) 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.
(i) 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 Aborigines 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.
(j) 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 Personnel Handbook at the time the leave is taken.
84. Staff Development
and Training Activities
(a) For the
purpose of this clause, the following shall be regarded as staff development
and training activities:
(1) All staff
development courses conducted by a NSW Public Sector organisation;
(2) Short
educational and training courses conducted by generally recognised public or
private educational bodies; and
(3) Conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies.
(b) For the
purposes of this clause, the following shall not be regarded as staff
development and training activities:
(1) Activities for
which study assistance is appropriate;
(2) Activities to
which other provisions of this award apply (e.g. courses conducted by the
Association); and
(3) Activities
which are of no specific relevance to the NSW Public Sector.
(c) Attendance of
a staff member at activities considered by the Commissioner to be:
(1) Essential for
the efficient operation of NSW Police; or
(2) Developmental
and of benefit to NSW public sector
shall be regarded as on duty for the purpose of payment
of salary if a staff member attends such an activity during normal working
hours.
(d) The following
provisions shall apply, as appropriate, to the activities considered to be
essential for the efficient operation of NSW Police:
(1) Recognition
that the staff members are performing normal duties during the course;
(2) Adjustment for
the hours so worked under flexible working hours;
(3) Payment of
course fees:
(4) Payment of all
actual necessary expenses or payment of allowances in accordance with this
award, provided that the expenses involved do not form part of the course and
have not been included in the course fees; and
(5) Payment of
overtime where the activity could not be conducted during the staff member's
normal hours and the Commissioner is satisfied that the approval to attend
constitutes a direction to work overtime under clause 87, Overtime - General of
this award.
(e) The following
provisions shall apply, as appropriate, to the activities considered to be
developmental and of benefit to NSW Police:
(1) Recognition of
the staff member as being on duty during normal working hours whilst attending
the activity;
(2) Payment of
course fees;
(3) Reimbursement
of any actual necessary expenses incurred by the staff member for travel costs,
meals and accommodation, provided that the expenses have not been paid as part
of the course fee; and
(4) Such other
conditions as may be considered appropriate by the Commissioner given the
circumstances of attending at the activity, such as compensatory leave for
excess travel or payment of travelling expenses.
(f) Where the
training activities are considered to be principally of benefit to the staff
member and of indirect benefit to the public service, special leave of up to 10
days per year shall be granted to a staff member. If additional leave is
required and the Commissioner is able to release the staff member, such leave
shall be granted as a charge against available flex leave, recreation/extended
leave or as leave without pay.
(g) Higher Duties
Allowance - Payment of a higher duties allowance is to continue where the staff
member attends a training or developmental activity whilst on duty in
accordance with this clause.
85. Study Assistance
(a) The
Commissioner shall have the power to grant or refuse study time.
(b) Where the
Commissioner approves the grant of study time, the grant shall be subject to:
(1) The course
being a course relevant to NSW Police and/or the public service;
(2) The time being
taken at the convenience of NSW Police; and
(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.
(c) 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.
(d) Study time may
be used for:
(1) Attending
compulsory lectures, tutorials, residential schools, field days etc., where
these are held during working hours; and/or
(2) Necessary
travel during working hours to attend lectures, tutorials etc., held during or
outside working hours; and/or
(3) Private study;
and/or
(4) Accumulation,
subject to the conditions specified in subclauses (f) to (j) of this clause.
(e) 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:-
(1) Face-to-Face -
Staff members may elect to take weekly and/or accrued study time, subject to
the provisions for its grant.
(2) Correspondence
- Staff members may elect to take weekly and/or accrued study time, or time off
to attend compulsory residential schools.
(3) Accumulation -
Staff members may choose to accumulate part or all of their study time as
provided in subclauses (f) to (j) of this clause.
(f) Accumulated
study time may be taken in any manner or at any time, subject to operational
requirements of NSW Police.
(g) 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
NSW Police.
(h) 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.
(i) 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.
(j) 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.
(k) Staff members
studying in semester based courses may vary their election as to accrual or
otherwise from semester to semester.
(l) 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.
(m) 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.
(n) Repeated
subjects - Study time shall not be granted for repeated subjects.
(o) 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.
(p) Examination
Leave - Examination leave shall be granted as special leave for all courses of
study approved in accordance with this clause.
(q) The period
granted as examination leave shall include:
(1) Time actually
involved in the examination;
(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.
(r) The
examination leave shall be granted for deferred examinations and in respect of
repeat studies.
(s) Study Leave -
Study leave for full-time study is granted to assist those staff members who
win scholarships/fellowships/awards or who wish to undertake full-time study
and/or study tours. Study leave may be granted for studies at any level,
including undergraduate study.
(t) All staff
members are eligible to apply and no prior service requirements are necessary.
(u) Study leave
shall be granted without pay, except where the Commissioner approves financial
assistance. The extent of financial assistance to be provided shall be
determined by the Commissioner according to the relevance of the study to the
workplace and may be granted up to the amount equal to full salary.
(v) Where
financial assistance is approved by the Commissioner for all or part of the
study leave period, the period shall count as service for all purposes in the
same proportion as the quantum of financial assistance bears to full salary of
the staff member.
(w) Scholarships
for Part-Time Study - In addition to the study time/study leave provisions
under this clause, the NSW Police may choose to identify courses or educational
programmes of particular relevance or value and establish a NSW Police
scholarship to encourage participation in these courses or programmes. The
conditions under which such scholarships are provided should be consistent with
the provisions of this clause.
86. Shift Work
(a) Shift Loadings
- A shift worker employed on a shift shall be paid, for work performed during
the ordinary hours of any such shift, ordinary rates plus the following
additional shift loadings depending on the commencing times of shifts:
Day - at or after 6am and before 10 am
|
Nil
|
Afternoon - at or after 10am and before 1 pm
|
10.0%
|
Afternoon - at or after 1pm and before 4 pm
|
12.5%
|
Night - at or after 4pm and before 4 am
|
15.0%
|
Night - at or after 4am and before 6 am
|
10.0%
|
(b) The loadings
specified in subclause (a) of this clause shall only apply to shifts worked
from Monday to Friday.
(c) Weekends and
Public Holidays - For the purpose of this clause where a shift is worked past
midnight into or on a Saturday, Sunday or Public Holiday, payment is to be made
at the rate applicable to the day on which the particular hours are worked.
(d) Saturday
Shifts - Shift workers working on an ordinary rostered shift between midnight
on Friday and midnight on Saturday which is not a public holiday, shall be paid
for such shifts at ordinary time and one half.
(e) Sunday Shifts
- Shift workers working on an ordinary rostered shift between midnight on
Saturday and midnight on Sunday which is not a public holiday, shall be paid
for such shifts at ordinary time and three quarters.
(f) Public
Holidays; The following shall apply:
(1) Where a shift
worker is required to and does work on a Public Holiday, the shift worker shall
be paid at two and a half times the rate for time worked. Such payment shall be in lieu of weekend or
shift allowances which would have been payable if the day had not been a Public
Holiday;
(2) A shift worker
rostered off duty on a Public Holiday shall elect to be paid one day’s pay for
that Public Holiday or to have one day added to his/her annual holidays for
each such day;
(g) In addition
shift workers shall receive the following:
(1) For ordinary
rostered time worked on a Saturday - ordinary salary and an additional payment
at the rate of half time.
(2) For ordinary
rostered time worked on a Sunday - ordinary salary and an additional payment at
the rate of three quarter time.
(3) When rostered
off on a public holiday - ordinary salary and an additional day’s pay.
(4) When rostered
on and works on a public holiday --- ordinary salary and an additional payment
at the rate of time and a half.
(5) Annual leave
at the rate of four weeks per year, that is 20 working days plus 8 rest days.
(6) Additional
leave on the following basis:
Number of ordinary
shifts worked on Sunday and/or public
|
Additional leave
|
holiday during a
qualifying period of 12 months from 1
|
|
December one year
to 30 November the next year
|
|
4-10
|
1 additional day
|
11-17
|
2 additional days
|
18-24
|
3 additional days
|
25-31
|
4 additional days
|
32 or more
|
5 additional days
|
(7) Where the
shift worker retires or the employment of a shift worker is terminated by the
employer, any payment that has accrued from the preceding 1 December until the
last day of service shall be paid to the shift worker.
(8) Payment shall
be made at the rate applicable as at 1 December each year or at the salary rate
applicable at the date of retirement or termination.
(h) Rosters -
Rosters covering a minimum period of 28 days, where practicable, shall be
prepared and issued at least 7 days prior to the commencement of the rosters.
Each roster shall indicate the starting and finishing time of each shift. Where
current or proposed shift arrangements are incompatible with the shift worker’s
family, religious or community responsibilities, every effort to negotiate
individual alternative arrangements shall be made by the Commissioner.
(i) Notice of
Change of Shift - A shift worker who is required to change from one shift to
another shift shall, where practicable, be given forty eight (48) hours notice
of the proposed change.
(j) Breaks
between Shifts - A minimum break of eight (8) consecutive hours between
ordinary rostered shifts shall be given.
(k) If a shift
worker resumes or continues to work without having had eight (8) consecutive
hours off duty, the shift worker shall be paid overtime in accordance with
clause 88, Overtime Worked by Shift Workers, until released from duty for eight
(8) consecutive hours. The shift worker will then be entitled to be off duty
for at least eight (8) consecutive hours without loss of pay for ordinary
working time which falls during such absence.
(l) Time spent
off duty may be calculated by determining the amount of time elapsed after:
(1) The completion
of an ordinary rostered shift; or
(2) The completion
of authorised overtime; or
(3) The completion
of additional travelling time, if travelling on duty, but shall not include
time spent travelling to and from the workplace.
87. Overtime -
General
(a) A staff member
may be directed by the Commissioner to work overtime, provided it is reasonable
for the staff member to be required to do so. A staff member may refuse to work
overtime in circumstances where the working of such overtime would result in
the staff member working unreasonable hours. In determining what is unreasonable,
the following factors shall be taken into account:
(1) The staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,
(2) Any risk to
staff member health and safety,
(3) The urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(4) The notice (if
any) given by the Commissioner regarding the working of the overtime, and by
the staff member of their intention to refuse overtime, or
(5) Any other
relevant matter.
(b) Payment for
overtime shall be made only where the staff member works directed overtime.
(c) Where a
flexible working hours scheme is in operation, overtime shall be deemed as the
hours directed to be worked before or after bandwidth or before or after the
time specified in a local arrangement made pursuant to the provisions of clause
10, Local Arrangements of this award provided that, on the day when overtime is
required to be performed, the staff member shall not be required by the
Commissioner to work more than 7 hours after finishing overtime or before
commencing overtime.
(d) Payment for
overtime worked and/or on-call (standby) allowance shall not be made under this
clause if the staff member is eligible, under any other industrial instrument,
to:
(1) Compensation
specifically provided for overtime and/or on-call (standby) allowance; or
(2) Be paid an
allowance for overtime and/or on-call (standby) allowance; or
(3) A rate of
salary which has been determined as inclusive of overtime and/or on-call
(standby) allowance.
88. Overtime Worked
By Shift Workers
(a) The following
rates are payable for any overtime worked by shift workers and shall be in
substitution of and not cumulative upon the rates payable for shift work
performed on Monday to Friday, Saturday, Sunday or Public Holiday.
(1) Monday-Friday
- All overtime worked by shift workers Monday to Friday inclusive, shall be
paid for at the rate of time and one half for the first two hours and double
time thereafter.
(2) Saturday - All
overtime worked by shift workers on Saturday, shall be paid for at the rate of
time and one half for the first two hours and double time thereafter.
(3) Sunday - All
overtime worked by shift workers on a Sunday shall be paid for at the rate of
double time.
(4) Public
Holidays - All overtime worked on a public holiday shall be paid for at the
rate of double time and one half.
(b) Eight
Consecutive Hours Break on Overtime - When overtime is necessary, wherever
reasonably practicable, it shall be arranged so that shift workers have at
least eight (8) consecutive hours off duty.
(c) The rest
period off duty shall be not less than eight (8) consecutive hours when the
overtime is worked for the purpose of changing shift rosters except where an
arrangement between shift workers alters the ordinary rostered shift and such
alteration results in a rest period of less than eight (8) hours.
(d) Daylight
Saving - In all cases where a shift worker works during the period of
changeover to and from daylight saving time, the shift worker shall be paid the
normal rate for the shift.
89. Overtime Worked
By Day Workers
(a) The provisions
of this clause shall not apply to:
(1) Shift workers
as defined in clause 3 Definitions of this award and to whom provisions of
clause 86 Shift Work and clause 88 Overtime Worked by Shift Workers of this
award apply;
(2) Staff members
covered by formal local arrangements in respect of overtime negotiated between
the Commissioner and the Association;
(3) Staff members
to who overtime provisions apply under another industrial instrument;
(4) Staff members
whose salary includes compensation for overtime;
(5) Staff members
who receive an allowance in lieu of overtime; and
(6) Duty Officers,
State Emergency Services during flood alerts on weekends and public holidays
except as provided in clause 96. Compensation for Additional Hours worked by
Duty Officer, State Emergency Services of this clause.
(b) Rates -
Overtime shall be paid at the following rates:
(1) Weekdays
(Monday to Friday inclusive) - at the rate of time and one-half for the first
two hours and at the rate of double time thereafter for all directed overtime
worked outside the staff member’s ordinary hours of duty, if working standard
hours, or outside the bandwidth, if working under a flexible working hours
scheme, unless local arrangements negotiated in terms of clause 10, Local
Arrangements of this award apply;
(2) Saturday - All
overtime worked on a Saturday at the rate of time and one-half for the first
two hours and at the rate of double time thereafter;
(3) Sundays - All
overtime worked on a Sunday at the rate of double time;
(4) Public Holidays
- All overtime worked on a public holiday at the rate of double time and one
half.
(c) If a staff
member is absent from duty on any working day during any week in which overtime
has been worked the time so lost may be deducted from the total amount of
overtime worked during the week unless the staff member has been granted leave
of absence or the absence has been caused by circumstances beyond the staff
member’s control.
(d) A staff member
who works overtime on a Saturday, Sunday or public holiday, shall be paid a
minimum payment as for three (3) hours work at the appropriate rate.
(e) Rest Periods
(1) A staff member
who works overtime shall be entitled to be absent until eight (8) consecutive
hours have elapsed.
(2) Where a staff
member, at the direction of the supervisor, resumes or continues work without
having had eight (8) consecutive hours off duty then such staff member shall be
paid at the appropriate overtime rate until released from duty. The staff
member shall then be entitled to eight (8) consecutive hours off duty and shall
be paid for the ordinary working time occurring during the absence.
90. Recall to Duty
(1) A staff member
recalled to work overtime after leaving the employer’s premises shall be paid
for a minimum of three (3) hours work at the appropriate overtime rates.
(2) The staff
member shall not be required to work the full three (3) hours if the job can be
completed within a shorter period.
(3) When a staff
member returns to the place of work on a number of occasions in the same day
and the first or subsequent minimum pay period overlap into the next call out
period, payment shall be calculated from the commencement of the first recall
until either the end of duty or three (3) hours from the commencement of the
last recall, whichever is the greater. Such time shall be calculated as one
continuous period.
(4) When a staff
member returns to the place of work on a second or subsequent occasion and a
period of three (3) hours has elapsed since the staff member was last recalled,
overtime shall only be paid for the actual time worked in the first and
subsequent periods with the minimum payment provision only being applied to the
last recall on the day.
(5) A recall to
duty commences when the staff member starts work and terminates when the work
is completed. A recall to duty does not include time spent travelling to and
from the place at which work is to be undertaken.
(6) A staff member
recalled to duty within three (3) hours of the commencement of usual hours of
duty shall be paid at the appropriate overtime rate from the time of recall to
the time of commencement of such normal work.
(7) This clause
shall not apply in cases where it is customary for a staff member to return to
NSW Police premises to perform a specific job outside the staff member’s
ordinary hours of duty, or where overtime is continuous with the completion or
commencement of ordinary hours of duty. Overtime worked in these circumstances
shall not attract the minimum payment of three (3) hours unless the actual time
worked is three (3) or more hours.
91. On-Call
(Stand-By) and on-Call Allowance
Unless already eligible for an on-call allowance under
another industrial instrument, a staff member shall be:
(a) Entitled to be
paid the on call allowance set out in Item 13 of Table 1 - Allowances of Part B
Monetary Rates when directed by NSW Police to be on call or on standby for a
possible recall to duty outside the staff member's working hours;
(b) If a staff
member who is on call and is called out by NSW Police, the overtime provisions
as set out in clause 88. Overtime worked by Shift Workers or clause 89.
Overtime worked by Day Workers of this award, whichever is appropriate, shall
apply to the time worked;
(c) Where work
problems are resolved without travel to the place of work whether on a weekday,
weekend or public holiday, work performed shall be compensated at ordinary time
for the time actually worked, calculated to the next 15 minutes.
92. Overtime Meal
Breaks
(a) Staff members
not working flexible hours - A staff member required to work overtime on
weekdays for an hour and a half or more after the staff member’s ordinary hours
of duty on weekdays, shall be allowed 30 minutes for a meal and thereafter, 30
minutes for a meal after every five hours of overtime worked.
(b) Staff member
working flexible hours - A staff member required to work overtime on weekdays
beyond 6.00 p.m. and until or beyond eight and a half hours after commencing
duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and
thereafter, 30 minutes for a meal after every five hours of overtime worked.
(c) Staff Members
Generally - A staff member required to work overtime on a Saturday, Sunday or
Public Holiday, shall be allowed 30 minutes for a meal after every five hours
of overtime worked. A staff member who is unable to take a meal break and who
works for more than five hours shall be given a meal break at the earliest
opportunity.
93. Overtime Meal
Allowances
(a) If an adequate
meal is not provided by NSW Police, a meal allowance shall be paid by NSW
Police at the appropriate rate specified in Item 19 of Table 1 - Allowances of
Part B, Monetary Rates, provided the Commissioner is satisfied that:
(1) the time
worked is directed overtime;
(2) the staff
member properly and reasonably incurred expenditure in obtaining the meal in
respect of which the allowance is sought;
(3) where the
staff member was able to cease duty for at least 30 minutes before or during
the working of overtime to take the meal, the staff member did so; and
(4) overtime is
not being paid in respect of the time taken for a meal break.
(b) Where an
allowance payable under this clause is insufficient to reimburse the staff
member the cost of a meal, properly and reasonably incurred, the Commissioner
shall approve payment of actual expenses.
(c) Where a meal
was not purchased, payment of a meal allowance shall not be made.
(d) Receipts shall
be provided to the Commissioner or delegate in support of any claims for
additional expenses or when the staff member is required to substantiate the
claim.
(e) Notwithstanding
the above provisions, nothing in this clause shall prevent the Commissioner and
the Association from negotiating different meal provisions under a local
arrangement.
94. Rate of Payment
for Overtime
A staff member whose salary, or salary and allowance in the
nature of salary, exceeds the maximum rate for Clerk Grade 8, as varied from
time to time, shall be paid for working directed overtime at the maximum rate
for Clerk, Grade 8 plus $1.00, unless the Commissioner approves payment for
directed overtime at the staff member’s salary or, where applicable, salary and
allowance in the nature of salary.
95. Payment for
Overtime Or Leave in Lieu
(a) The
Commissioner shall grant compensation for directed overtime worked either by
payment at the appropriate rate or, if the staff member so elects, by the grant
of leave in lieu in accordance with subclause (b) of this clause.
(b) The following
provisions shall apply to the leave in lieu:
(1) The staff
member shall advise the supervisor before the overtime is worked or as soon as
practicable on completion of overtime, that the staff member intends to take
leave in lieu of payment;
(2) The leave
shall be calculated at the same rate as would have applied to the payment of
overtime in terms of this clause.
(3) The leave must
be taken at the convenience of NSW Police, except when leave in lieu is being
taken to look after a sick family member. In such cases, the conditions set out
in clause 80. Sick Leave to Care for a Sick Family Member apply.
(4) The leave
shall be taken in multiples of one (1) hour, unless debiting of leave in hours
or in fractions of an hour has been approved in the staff member’s section;
(5) Leave in lieu
accrued in respect of overtime worked on days other than public holidays, shall
be given by NSW Police and taken by the staff member within three months of
accrual unless alternate local arrangements have been negotiated between the
Commissioner and the Association;
(6) At the staff
member’s election, leave in lieu accrued in respect of overtime worked on a
public holiday may be added to the staff member’s annual leave credits and may
be taken in conjunction with annual leave; and
(7) A staff member
shall be paid for the balance of any overtime entitlement not taken as leave in
lieu.
96. Compensation for
Additional Hours Worked By Duty Officer, State Emergency Services
The time spent at home as Duty Officer, State Emergency
Services during flood alerts on weekends and public holidays, shall be
compensated by:
(a) Payment at the
rate of one third of one day’s pay for each tour of duty; or
(b) If so desired
by the staff member concerned, the granting of time off in lieu of payment
calculated in accordance with clause 95.
Payment for Overtime or Leave in Lieu.
97. Calculation of
Overtime
(a) Unless a
minimum payment in terms of subclause (d) of clause 89, Overtime Worked by Day
Workers applies, overtime shall not be paid if the total period of overtime
worked is less than a quarter of an hour.
(b) The formula
for the calculation of overtime at ordinary rates for staff members employed on
a five (5) day basis shall be:
Annual salary
|
X
|
5
|
X
|
1
|
1
|
260.89
|
No of ordinary
hours of work per week
|
(c) The formula for
the calculation of overtime at ordinary rates for staff members employed on a
seven (7) day basis shall be:
Annual salary
|
X
|
7
|
X
|
1
|
1
|
365.25
|
No of ordinary
hours of work per week
|
(d) To determine
time and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated
to the nearest cent.
(e) Overtime is
not payable for time spent travelling.
98. Provision of
Transport in Conjunction With Working of Overtime
(a) For the
purpose of this clause, departure or arrival after 8.00p.m will determine
whether the provisions of this clause apply.
Departure or arrival after 8.00p.m of a staff member on
overtime or a regular or rotating shift roster, does not in itself warrant the
provision of transport. It needs to be demonstrated that the normal means of
transport, public or otherwise, is not reasonably available and/or that travel
by such means of transport places the safety of the staff member at risk.
The responsibility of deciding whether the provision of
assistance with transport is warranted in the circumstances set out above,
rests with administrative units of NSW Police where knowledge of each
particular situation will enable appropriate judgements to be made.
(b) Arrangement of
Overtime
Where overtime is required to be performed, it should
be arranged, as far as is reasonably possible, so that the staff member can use
public transport or other normal means of transport to and from work.
(c) Provision of
Taxis
Where a staff member:
ceases overtime duty after 8.00p.m., or
ceases or commences duty performed as part of a regular
or rotating roster of shift duty after 8.00p.m.,
and public transport or other normal means of transport is
not reasonably available, arrangements may be made for transport home or to be
provided by way of taxi.
99.
Anti-Discrimination
(a) 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.
(b) 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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(1) Any conduct or
act which is specifically exempted from anti‑ discrimination legislation;
(2) Offering or
providing junior rates of pay to persons under 21 years of age;
(3) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti‑Discrimination Act 1977;
(4) A party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) 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.
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(2) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
99A. Secure
Employment
(a) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) 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.
(2) 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.
(ii) 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):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) 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
(4) 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.
(iii) Nothing in
this subclause (a) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(b) 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.
(c) 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.
100. Existing
Entitlements
The provisions of this award shall not affect any
entitlements existing in NSW Police or a section of NSW Police at the time this
award is made, if such provisions are better than the provisions contained in
this award. Such entitlements are hereby expressly preserved until renegotiated
with the Association.
101. Leave Reserved
Leave is reserved for NSW Police to make application to the
Industrial Relations Commission of New South Wales during the nominal term of
this Award, to seek the future inclusion of casual employment provisions within
this Instrument, similar to those provisions applying within the NSW Public
Sector.
102. Area, Incidence
and Duration
(a) This award
shall apply to Staff Members as defined in the NSW Police Act 1990.
(b) This award
will be operative from 9 October 2006 and will remain in place for a period of
(3) three years.
PART B
MONETARY RATES
Table 1 -
Allowances
Effective 1 July
2006
Item No
|
Clause No
|
Description
|
Amount
|
1
|
|
Meal Expenses on One Day Journeys
|
|
|
|
Capital cities and high cost country centres
|
|
|
|
(see list in item 2)
|
|
|
28(1)
|
Breakfast
|
$19.60
|
|
28(2)
|
Dinner
|
$37.80
|
|
28(3)
|
Lunch
|
$21.95
|
|
|
Tier 2 and other country centres (see list in item 2)
|
|
|
28(1)
|
Breakfast
|
$17.50
|
|
28(2)
|
Dinner
|
$34.55
|
|
28(3)
|
Lunch
|
$20.05
|
|
|
Travelling Allowances When Staying in
|
|
|
|
Non-Govt Accommodation
|
|
2
|
29(2)(a)
|
Capital Cities
|
Per day
|
|
|
Adelaide
|
$230.30
|
|
|
Brisbane
|
$235.30
|
|
|
Canberra
|
$208.30
|
|
|
Darwin
|
$222.30
|
|
|
Hobart
|
$198.30
|
|
|
Melbourne
|
$244.30
|
|
|
Perth
|
$220.30
|
|
|
Sydney
|
$252.30
|
|
29(2)(a)
|
High cost country centres
|
Per day
|
|
|
Ballarat (Vic)
|
$194.30
|
|
|
Bendigo (Vic)
|
$189.30
|
|
|
Broome (WA)
|
$228.30
|
|
|
Burnie (Tas)
|
$194.30
|
|
|
Carnarvon (WA)
|
$191.30
|
|
|
Christmas Island (WA)
|
$214.30
|
|
|
Dampier (WA)
|
$199.30
|
|
|
Devonport (Tas)
|
$197.80
|
|
|
Exmouth
|
$190.30
|
|
|
Gold Coast (Qld)
|
$206.30
|
|
|
Halls Creek
|
$206.30
|
|
|
Horn Island (QLD)
|
$213.30
|
|
|
Jabiru (NT)
|
$284.30
|
|
|
Kalgoorlie (WA)
|
$196.30
|
|
|
Karratha (WA)
|
$260.30
|
|
|
Kununurra (WA)
|
$207.30
|
|
|
Launceston (TAS)
|
$190.30
|
|
|
Newcastle (NSW)
|
$195.80
|
|
|
Newman (WA)
|
$213.80
|
|
|
Norfolk Island
|
$194.30
|
|
|
Pt Hedland (WA)
|
$218.30
|
|
|
Thursday Island (Qld)
|
$234.30
|
|
|
Warnambool (VIC)
|
$189.30
|
|
|
Weipa (Qld)
|
$219.30
|
|
|
Wilpena (SA)
|
$200.80
|
|
|
Wollongong (NSW)
|
$198.30
|
|
|
Yulara (NT)
|
$401.30
|
|
29(2)(a)
|
Tier 2 country centres
|
Per day
|
|
|
Alice Springs (NT)
|
$176.05
|
|
|
Bordertown (SA)
|
$176.05
|
|
|
Bright (VIC)
|
$176.05
|
|
|
Bunbury (WA)
|
$176.05
|
|
|
Cairns (Qld)
|
$176.05
|
|
|
Castlemaine (VIC)
|
$176.05
|
|
|
Cocos (Keeling) Islands
|
$176.05
|
|
|
Derby (WA)
|
$176.05
|
|
|
Geelong (VIC)
|
$176.05
|
|
|
Katherine (NT)
|
$176.05
|
|
|
Maitland (NSW)
|
$176.05
|
|
|
Mount Gambier (SA)
|
$176.05
|
|
|
Mount Isa (QLD)
|
$176.05
|
|
|
Mudgee (NSW)
|
$176.05
|
|
|
Northam (WA)
|
$176.05
|
|
|
Orange (NSW)
|
$176.05
|
|
|
Port Lincoln (SA)
|
$176.05
|
|
|
Port Macquarie (NSW)
|
$176.05
|
|
|
Portland (VIC)
|
$176.05
|
|
|
Queenstown (TAS)
|
$176.05
|
|
|
Wagga Wagga (NSW)
|
$176.05
|
|
|
|
Per Day
|
|
29(2)(a)
|
Other country centres
|
$165.05
|
|
29(2)(b)
|
Incidental expenses when claiming actual
|
|
|
|
expenses - all locations
|
$14.95
|
|
29(5)
|
Daily allowance payable after 35 days and up to
|
50% of the
|
|
|
6 months in the same location - all locations
|
appropriate
|
|
|
|
location rate
|
3
|
30
|
Government accommodation- incidental expenses
|
$14.95 per day
|
4
|
35(b)
|
Camping Allowance
|
Per night
|
|
|
Established camp
|
$24.65
|
|
|
Non established camp
|
$32.65
|
|
|
Additional allowance for staff who camp in excess of 40
|
|
|
|
nights per year
|
$7.80
|
5
|
36(b)
|
Composite allowance (per day)
|
$117.70
|
6
|
37(d)
|
Use of private motor vehicle
|
Cents per kilometre
|
|
|
Official business
|
|
|
|
Engine capacity-
|
|
|
|
over 2700cc
|
81.20
|
|
|
1600cc to 2700cc
|
75.6
|
|
|
under 1600cc
|
54.1
|
|
|
Casual rate
|
|
|
|
Engine capacity-
|
|
|
|
Over 2700cc
|
28.9
|
|
|
1600cc-2700cc
|
26.8
|
|
|
under 1600cc
|
22.6
|
|
|
Motor cycle allowance
|
|
|
|
Normal business
|
35.6
|
|
|
During transport disruptions
|
17.9
|
|
|
Towing trailer or horse float
|
10.5
|
|
|
Transport allowance
|
|
|
|
Engine capacity-
|
|
|
|
Over 1600cc
|
34.6
|
|
|
1600cc and under
|
29.0
|
|
|
Camping Equipment Allowance
|
Per night
|
|
39(b)
|
Camping Equipment Allowance
|
$24.35
|
|
39(c)
|
Bedding and sleeping bag
|
$4.05
|
|
|
Remote Areas Allowance With dependants
|
Per annum
|
|
40(b)(1)
|
- Grade A
|
$1,563 pa
|
|
40(b)(2)
|
- Grade B
|
$2,072 pa
|
|
40(b)(3)
|
- Grade C
|
$2,768 pa
|
|
|
Without dependants
|
|
|
40(b)(1)
|
- Grade A
|
$1,090 pa
|
|
40(b)(2)
|
- Grade B
|
$1,453 pa
|
|
40(b)(3)
|
- Grade C
|
$1,939 pa
|
9
|
41
|
Assistance to staff members stationed in a remote area
|
|
|
|
when travelling on recreation leave
|
|
|
|
|
|
|
|
By private motor vehicle
|
Appropriate casual
|
|
|
|
rate up to a
|
|
|
|
maximum of
|
|
|
|
2850 kms less
|
|
|
|
$38.50
|
|
|
Other transport - with dependants
|
Actual reasonable
|
|
|
|
expenses in excess
|
|
|
|
$38.50 and up to
|
|
|
|
$258.00
|
|
|
Other transport - without dependants
|
Actual reasonable
|
|
|
|
expenses in excess
|
|
|
|
of $38.50 and up to
|
|
|
|
$127.40
|
|
|
Rail travel
|
Actual rail fare less
|
|
|
|
$38.50
|
10
|
42
|
Insurance cover
|
Up to $A 1,173.00
|
11
|
43
|
Exchanges
|
Actual cost
|
12
|
44(a)
|
Room at home used as office (Effective 1 July 2005)
|
$712 pa
|
13
|
91(a)
|
On-call allowance (Effective 1 July 2005)
|
0.70 per hour
|
14
|
46
|
Flying allowance (Effective 1 July 2005)
|
$15.00 per hour
|
15
|
47(a)
|
Laundry allowance (Effective 1 July 2005)
|
$3.75 per week
|
16
|
49(a)
|
Garage and carport allowance
|
Per annum
|
|
|
- Garage allowance
|
$504 pa
|
|
|
- Carport allowance
|
$112 pa
|
17
|
50
|
Community Language Allowance Scheme
|
Per annum
|
|
|
- Base Level Rate
|
$996 pa
|
|
|
- Higher Level Rate
|
$1,496 pa
|
18
|
51 (a)
|
First aid allowance
|
Per annum
|
|
|
- Holders of basic qualifications
|
$640 pa
|
|
|
- Holders of current occupational first aid certificate
|
$963 pa
|
19
|
93(a)
|
Overtime meal allowances
|
Effective 1 July
|
|
|
|
2005
|
|
|
|
|
|
|
Breakfast
|
$21.90
|
|
|
Lunch
|
$21.90
|
|
|
Dinner
|
$21.90
|
M.
SCHMIDT J
____________________
Printed by
the authority of the Industrial Registrar.