CROWN EMPLOYEES (SHERIFF'S OFFICERS) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notification under section 130 New South Wales Attorney
General's Department and another of a dispute with the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales re imposed work bans by Sheriff's officers.
(No. IRC 1456 of 2001)
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Before The Honourable Justice Schmidt
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14 June 2001
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AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Salary
5. Crown Employees (Public Service Conditions of
Employment 1997) Award to Apply
6. Meal Allowance For Staff Who Are Required to
Travel
7. Uniforms Laundering and Grooming
8. Vehicle Maintenance
9. Skill Development, Training and Promotion
10. Grievance and Dispute Settling Procedures
11. Anti-Discrimination
12. Work Practice Reform
13. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages Rates
Table 2 - Meal
Allowance
2. Title
This Award shall be known as the Crown Employees (Sheriff’s
Officers) Award 2001.
3. DEFINITIONS
"Act" means the NSW Industrial Relations Act 1996 and its Regulations.
"Department" means the Attorney General’s
Department.
"Association" means the Public Service Association
and Professional Officers Association Amalgamated Union of New South Wales.
"Industrial Authority" means the Public Employment
Office constituted under the Public
Sector Management Act, 1988.
"Officer" means and includes all persons
permanently or temporarily employed under the provisions of the Public Sector
Management Act, 1988, and who as at the operative date of this award were
occupying one of the positions covered by this Award or who, after that date,
are appointed to one of such positions.
4. Salary
The weekly wage payable to weekly employees shall be as set
out in Table 1 - Wages, of Part B, Monetary Rates.
The rates in Table 1 shall take effect from the first full
pay period to commence on or after the making of this Award.
5. Crown
Employees (Public Service Conditions Of Employment 1997) Award To Apply
The provisions of the Crown Employees (Public Service
Conditions of Employment 1997) Award (as amended pursuant to s.19 of the Act
effective from 28 February 2001) apply to this award except Clause 28 - Meal
Expenses on One Day Journeys, Clause 48 - Uniforms Protective Clothing and
Their Maintenance and Clause 49 - Payment of Laundry Allowance.
6. Meal
Allowance For Staff Who Are Required To Travel
(i) For the
purposes of this clause "region" means the sheriff’s office region to
which an officer is from time to time attached.
(ii) A staff
member who is required to travel to perform duty outside the officer’s region
and who is not required to obtain overnight accommodation at a place other than
the staff member’s residence shall be paid the following allowances as set out
in Table 2 of Part B Monetary Rates for:
(a) breakfast when
required to commence travel at or before 6.00am and at least 1 hour before the
prescribed starting time;
(b) an evening
meal when required to travel until or beyond 6.30pm; and
(c) lunch when
unable to take lunch within the officer’s region and, as a result, incurs
additional expense for lunch. In such
instances, the staff member shall be paid the amount equivalent to the
additional expense or the allowance specified for lunch in Table 2 of Part B
Monetary Rates, whichever is the lesser.
7. Uniforms,
Laundering And Grooming
The uniform requirements of Sheriff’s officers are
determined by the Sheriff. Officers who
are required to wear complete uniform in accordance with those determinations
are responsible at their own cost for the care and laundering of all uniform
items provided to them. Officers are
required to be personally well‑groomed, neat and tidy at all times when
on duty.
8. Vehicle
Maintenance
Sheriff’s officers are responsible for the care, maintenance
and cleaning of official vehicles and suitable equipment and materials are to
be supplied for those purposes.
9. Skill
Development, Training And Promotion
To be eligible to be appointed to any promotional positions
an officer will be required to satisfactorily complete the minimum training
courses determined by the Sheriff from time to time to become eligible to apply
for promotion on a competitive merit basis.
The Sheriff may from time to time prescribe those courses to
be satisfactorily completed by all applicants at each promotional rank, and the
frequency of continuing refresher training.
Without limiting the foregoing a course or courses may be prescribed in
the areas of:
(i) ethical
practice skills;
(ii) client
service skills;
(iii) tactical and
self defence competencies;
(iv) conflict
management and resolution;
(v) information
technology skills;
(vi) operational
management;
(vii) leadership and
management.
10. 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
the appropriate department, 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) The immediate
manager shall convene a meeting in order to resolve the grievance, dispute or
difficulty within two working days, or as soon as practicable, of the matter
being brought to attention.
(iv) 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. This sequence of reference to successive
levels of management may be pursued by the staff member until the matter is
referred to the Department Head.
(v) The Department
Head may refer the matter to the PEO for consideration.
(vi) If the matter
remains unresolved, the Department head 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.
(vii) A staff
member, at any stage, may request to be represented by their union.
(viii) The staff
member or the union on their behalf, or the Department head may refer the
matter to the new South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
(ix) The staff
member, union, department and PEO shall agree to be bound by any order or
determination by the new South Wales Industrial Relations Commission in
relation to the dispute.
(x) Whilst the
procedures outlined in subclauses (i) to (ix) 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.
(xi) No industrial
action will be taken by officers of the Department whilst the grievance and
dispute settling procedures are being followed.
11. Anti-Discrimination
11.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
11.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have an obligation 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.
11.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
11.4 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.
5. this clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
12. Work Practice
Reform
The parties are to work diligently, cooperatively and in
good faith to achieve ongoing work practice reforms to improve the efficiency
and effectiveness of Sheriff’s Office operations.
13. Area Incidence
And Duration
This award will apply to Sheriff’s Officers of the Attorney
General’s Department. The Crown
Employees (Public Service Conditions of Employment 1997) Award is varied in
respect of Sheriff’s Officers to delete clause 28, Meal Expenses on One Day
Journeys; clause 48, Uniforms and Protective Clothing and Their Maintenance and
clause 49, Payment of Laundry Allowance.
This award shall operate from 14 June 2001 and shall continue in force
for three years.
PART B - MONETARY RATES
TABLE 1 - WAGE RATES - SHERIFF’S OFFICERS
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Position
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Salary:
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Chief Inspector
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Year 2
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$51260
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Year 1
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$49800
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Inspector
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Year 2
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$47922
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Year 1
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$46456
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Sergeant
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Year 4
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$43092
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Year 3
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$41808
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Year 2
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$40541
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Year 1
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$39355
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Sheriff’s officer
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Year 4
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$38269
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Year 3
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$37248
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Year 2
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$36238
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Year 1
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$35203
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Probationary
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$32175
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Sheriffs officer
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TABLE 2 - MEAL ALLOWANCE
Capital cities and the following country centres:
Broken Hill
Newcastle
Wagga Wagga
Wollongong
Breakfast $16.05
Lunch $17.90
Dinner $30.80
All other NSW Country Centres
Breakfast $14.30
Lunch $16.40
Dinner $28.25
M. SCHIMDT J.
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Printed by the authority of the Industrial Registrar.