POLICE ASSOCIATION SALARIED
OFFICERS (STATE) AWARD 2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the Police Association
Salaried Officers Union, industrial organisation of employees.
(No. IRC 3758 of 2000)
|
Before the Honourable Mr Deputy President Grayson
|
11 August 2000
|
AWARD
Clause Contents
1. Definitions
2. Area,
Incidence and Duration
3. Payment
4. Hours
5. Overtime
6. Recall
7. Meal
Break
8. Meal
Allowance
9. Amenities
10. Provision
of Telephones & Vehicles
11. Exceptions
12. Other
Conditions of Employment
13. Staff
Superannuation Scheme
14. Sacrifice
Pay to Superannuation
15. Sacrifice
Pay for Other Benefits
16. Evaluation
of a New Position
17. Re-Evaluation
of Positions
18. Redundancy
19. Public Holidays
20. Annual
Leave
21. Long
Service Leave
22. Sick Leave
23. Maternity
Leave
24. Parental
Leave
25. Adoption
Leave
26. Family and
Community Service Leave
27. Bereavement
Leave
28. Sick Leave
to Care for a Family Member
29. Use of
Unpaid Leave As Personal Carer’s Leave
30. Use of
Annual Leave as Personal Carer’s Leave
31. Time off
In Lieu of the Payment of Overtime
32. Make Up
Time
33. Anti -
Discrimination
34. Part Time
35. Casuals
36. Temporary
Employees
37. Job
Sharing
38. Workers
Compensation
39. Entitlement
to Higher Duties Allowance when Relieving in Other Positions
40. Payment of
Allowance when Relieving in Other Positions
41. Grievance
Settlement Procedures
42. Existing
Privileges
43. No Further
Claims
44. Monetary
Rates
45. Pay Link
1. Definitions
(a) "Employer"
means the Police Association of New South Wales.
(b) "Employee"
means any person employed by the Police Association of New South Wales whether
on a full time, part time, temporary or casual basis.
(c) "Union"
means the Police Association Salaried Officers’ Union.
(d) "Evaluation
Committee" means a committee comprising of one person nominated by the
employer, one person nominated by the union and one person appropriately
qualified in the evaluation method being applied.
(e) "Evaluation"
means evaluation using an established methodology agreed to by the employer and
the union.
2.
Area, Incidence and Duration
(a) This
Award shall apply to all employees defined herein. It shall take effect on and
from 11 August 2000 and will remain in force for a period of three years from
that date. It rescinds and replaces all
provisions of:
(i) the
Police Association Salaried Officers’ (State) Award published 22 May 1985 (237
I.G. 880)as varied as follows;
(ii) variation
published 2 September 1987 (245 I.G. 907);
(iii) variation
published 16 May 1997 (298 I.G. 594).
3. Payment
(a) All employees,
upon the registration of this award, shall be paid not less than the minimum
wage rate applicable to their classification as set out in Table 1 and as
calculated in Table 2. Each year on the anniversary of the employee’s date of
employment, their pay shall increase to the next level.
(b) "Executive
officers shall receive annual remuneration packages as agreed between the
employer and the employee and their representative if requested." "Executive
Officer" means Director Research/Resource, Manager Administrative
Services, Manager Field Services, Manager Industrial Services, Manager Legal
Services and Secretary Industrial/Integration.
(i) Employees covered
by this clause shall be paid a salary package based on a total cost of
employment (TCE) basis. The TCE shall
be based on a salary range determined by reference to an agreed and independent
job evaluation
(ii) The TCE shall
be varied biannually by reference to an assessment of market rate movements by
an agreed external consultant. Salary
packaging shall be permitted in accordance with Clauses 14 and 15 of this
agreement. Progression through the
salary range shall be determined annually on assessment of performance.
(iii) The TCE shall
include the following:
Employers Superannuation Contribution
Cost of Motor Vehicle including FBT (but excluding
servicing and running costs)
Cost of Car Parking, where applicable, including FBT
Clothing Allowance (where applicable) including FBT
(c) Wages,
overtime and allowances shall be paid during the working hours not later than
Thursday each week.
4.
Hours
(a) The ordinary
hours of work, exclusive of meal breaks shall not exceed thirty-five per week
and shall be worked between the hours of 7.00am and 7.00pm exclusive of
weekends and public holidays.
(b) The parties
may enter in flexible rostering agreements covering groups of staff which allow
the total hours of work to be averaged over an agreed roster period.
5. Overtime
(a) Payment shall be made at the rate of
time and one half for all time worked:
(i) For the first two hours before the
fixed starting time or after the fixed finishing time from Monday to Friday as
prescribed in Clause 4.
(ii) For the first two hours worked on a
Saturday morning.
(b) Payments shall be made at the rate of
double time for all time worked after the first two hours, also for all time
worked on Saturday after twelve noon, or for all time worked on Sunday.
(c) Ordinary time and a half in addition to
the weekly wage shall be paid for all time worked on a public holiday as
prescribed in Clause 19, if this Award except Christmas Day and Good Friday.
(d) Triple time in addition to the weekly
wage shall be paid for all time worked on Christmas Day and Good Friday.
(e) When overtime work is necessary it shall
wherever reasonably practicable, be so arranged that employees have at least
ten consecutive hours off duty between the work of successive days.
(f) An employee who works so much overtime
between the termination of their ordinary work on one day and the commencement
of their ordinary work on the next day that they did not have at least ten
consecutive hours off duty between those times, shall be released after completion
of such overtime until they have had ten consecutive hours off duty, without
loss of pay for ordinary working time occurring during such absence.
(g) If on the instructions of the employer
such an employee resumes or continues work without having had ten consecutive
hours off duty the employee shall be paid at double ordinary time rate until
released from duty for the period and then shall be entitled to be absent until
the employee has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during the absence.
6.
Recall
A staff member
recalled from extended or annual leave at the direction of the President shall
be paid a minimum of seven (7) hours at the rate of time and a half in addition
to the ordinary rate of pay or can elect to convert this payment to time off in
lieu.
7.
Meal Break
(a) An employee
shall not be required to work for more than five hours without being allowed a
meal break. An employee is entitled to
a one-hour meal break. An employee may
elect to take a minimum of a half-hour meal break.
8.
Meal Allowance
(a) Employees
required to continue work after 6.00pm on any day or after 12 noon Saturday,
Sunday or any Public Holiday shall be supplied with a meal by the employer or
be paid a meal allowance at rates and conditions applicable to members of the
New South Wales Police Service. If overtime continues beyond four hours Monday
to Friday and 6.00pm Saturday, Sunday and Public Holidays a further meal shall
be provided or meal allowances shall be paid on the aforementioned basis.
9.
Amenities
(a) Utensils and
ingredients (at least tea, coffee, milk and sugar) shall be provided for
employees by the organisation, for lunch, morning and afternoon tea. A break of
at least fifteen minutes shall be allowed on each occasion for morning and
afternoon tea.
10. Provision of Telephones & Vehicles
(a) The employer
shall provide Field Officers and Staff Executive Officers with:
(i) a fully
maintained air-conditioned vehicle which shall be provided for private use and
(ii) a fully
maintained telephone service.
11.
Exceptions
(a) The
following conditions of employment shall apply to those employees who are
former Police Officers of the Police Service of New South Wales and were in the
employment of the Police Association of New South Wales on or before 27 July
1995 and have been in continuous employment since that date:-
(i) Allowance in Lieu of Uniform
(ii) Annual Leave
(iii) Long Service Leave
(iv) Public Holidays
(v) Sick Leave
(vi) Overtime
(vii) Superannuation
(b) These conditions will continue to be
applied to the employees described in Clause 11 (a) as if they were still
Police Officers.
12.
Other Conditions of Employment
(a) Where this award is silent, the
provisions of the Crown Employees (Public Service Conditions of Employment)
Award 1997 published 24 April 1998 (304 I.G. 570) as amended from time to time
shall apply.
13.
Staff Superannuation Scheme
(a) All employees,
after successful completion of the probationary period of 3 months and
confirmation of their employment, may become members of the Police Association
Staff Superannuation Scheme.
14. Sacrifice Pay to Superannuation
(a) An
employee may elect to sacrifice a portion of the pay under Clause (b), to additional employer superannuation
contributions. Such election must be made prior to the commencement of the
calendar year to which the earnings relate and no later than 30 November. In the absence of exceptional circumstances,
such election shall be binding for a period of 12 months.
(b) Where the
employee has elected to sacrifice a portion of their pay to additional employer
superannuation contributions:
(i) subject to
Australian Taxation law, the sacrificed portion of pay will reduce the pay
subject to appropriate PAYE taxation deductions by the amount of the sacrificed
portion; and
(ii) any
allowance, penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this award or any applicable
award, act or statute which is expressed to be determined by reference to an
employee’s pay, shall be calculated by reference to the pay which would have
applied to the employee under Clause (b) of this award in the absence of any
pay sacrifice to superannuation made under this award.
(c) Where an
employee elects to pay sacrifice in terms of subclause 14(a) above, the
employer shall pay or will arrange to have paid the sacrificed amount into the
relevant superannuation fund.
(d) Where the employee is a member of a
superannuation scheme established under;
(i) the Police
Regulations (Superannuation) Act 1906
(ii) the Police
Association Employees (Superannuation) Act No 33 of 1969
(iii) the
Superannuation Act 1916
(iv) the State
Authorities Superannuation Act 1987
(v) the State
Authorities Non-contributory Superannuation Act 1987 or
(vi) the First
State Superannuation Act 1992
The employer must ensure that the amount of any additional
employer superannuation contributions are included in the employee’s
superannuable pay which is notified to the New South Wales public sector
superannuation trustee corporations.
(e) Where, prior
to electing to sacrifice a portion of their pay to superannuation, an employee had
entered into an agreement with the employer to have superannuation
contributions made to a superannuation fund other than a fund established under
legislation listed in subclause 14(d) the employer shall continue to base
contributions to the fund on the pay payable under Clause (b) to the same
extent as applied before the employee sacrificed a portion of that pay to
superannuation. This clause applies even though the superannuation
contributions made by the employer may be in excess of superannuation guarantee
requirements after the pay sacrifice.
15. Sacrifice Pay for Other Benefits
(a) An employee may elect to sacrifice a
portion of the pay under Clause (b) to additional fringe benefits inclusive of
any fringe benefits tax payable by the employer. Such election must be made prior to the commencement of the
calendar year to which the earnings relate and no later than 30 November. In the absence of exceptional circumstances,
such election shall be binding for a period of 12 months.
(b) Where the employee
has elected to sacrifice a portion of their pay to additional fringe benefits:
(i) subject to
Australian Taxation law, the sacrificed portion of pay will reduce the pay
subject to appropriate PAYE taxation deductions by the amount of the sacrificed
portion; and
(ii) any
allowance, penalty rate, payment for unused leave entitlements, weekly worker’s
compensation, payments for superannuation or other payment, other than any
payments for leave taken in service, to which an employee is entitled under this
award or any applicable award, act or statute which is expressed to be
determined by reference to an employee’s pay, shall be calculated by reference
to the pay which would have applied to the employee under Clause 2 of this
award in the absence of any pay sacrifice to fringe benefits made under this
award.
16. Evaluation of a New Position
(a) All Positions
held by all employees are indicated in Table 1 Classifications. All employees shall be provided in writing
with a job title, description and list of duties and responsibilities together
with the minimum and range of payment applicable to that position and at what level the employee is on at the time of notification.
(b) If a new
position is created that is not in Table 1 Classifications, the employer agrees
to form an "evaluation committee" for the purposes of evaluating the
position based on a job description provided by the employer. The evaluation
committee shall recommend to the employer the minimum pay grade for the
position and the range in accordance with Table 2 Rates of Pay. It may also make any other recommendations
the evaluation committee determines.
17. Re-Evaluation of Positions
(a) Any position
as it appears in Table 1 Classifications can be re-evaluated by the employer to
commence at a different grade and/or end at a different grade provided that: -
(i) The employer
can demonstrate to the union that the duties of the position have altered and,
(ii) The position
is vacant at the time of the re-evaluation.
(b) A position
that is not vacant can be re-evaluated only upon the request of the employee
who holds that position provided the employee can demonstrate that the duties
of the position have altered, or with the consent of the employee in the case
where the employer requests it. A
re-evaluation of a position under this paragraph does not take effect until the
employee who requested it, or consented to it, accepts the re-evaluation in
writing. Any re-evaluation under this paragraph shall have no effect on any
other occupied position without the consent of the employees occupying those
positions.
(c) For a position
to become vacant under this clause, the employee who formerly occupied the
position must have retired or resigned or terminates
their employment by means other than dismissal.
18. Redundancy
(a) Termination
of Employment due to retrenchment or redundancy
(i) Where
an employer has made a definite decision to introduce changes in production,
program, organisation, structure or technology that are likely to have significant
effects on employees, the employer shall notify the employees who may be
affected by the proposed changes and union to which they belong.
(ii) Significant
effects include termination of employment, major changes in the composition,
operation or size of the employers workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retaining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where the award makes
provision for alteration of any of the matters referred to herein an alteration
shall be deemed not to have significant effect.
(b) Employer’s
duty to discuss change:
(i) The
employer shall discuss with the employees affected and the union to which they
belong, inter alia, the introduction of the changes referred to in subclause
(a)(i), Employers duty to notify, of this clause, the effects the changes are
likely to have on employees and measures to avert or mitigate the adverse
effects of such changes on employees, and shall give prompt consideration to
matters raised by the employees and/or the union in relation to the changes.
(ii) The
discussion shall commence as early as practicable after a definite decision has
been made by the employer to make the changes referred to in subclause (a) of
this clause.
(iii) For
the purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes including the nature of the changes proposed, the expected effects of
the changes on employees and any other matter likely to affect employees
provided that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
(c) Discussions
before terminations:-
(i) Where
an employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to paragraph (i) of
subclause (a), Employers duty to notify, of this Clause, and that decision may
lead to the termination of employment, the employer shall hold discussions with
the employees directly affected and with the union to which they belong.
(ii) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of paragraph (i) of
this subclause and shall cover, inter alia, any reasons for the proposed
terminations, measure to avoid or minimise the terminations and measures to
mitigate adverse effects of any termination on the employees concerned.
(iii) For
the purposes of the discussion the employer shall, as soon as practicable,
provide to the employees concerned and the union to which they belong, all
relevant information about the proposed termination including the reasons for
the proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(iv) For
provisions relating to termination of employment refer to subclause (e)
Termination of Employment, of this clause.
(d) Transfer
to lower paid duties:-
Where an employee is transferred to lower
paid duties for reason set out in subclause (a) (i), Employers duty to notify,
of this clause, the employee shall be entitled to the same period of notice to
transfer as the employee would have been entitled to if the employee’s
employment had been terminated, and the employer may at the employer’s option
make payment in lieu thereof of an amount equal to the difference between the
former ordinary time rate of pay and the new ordinary time rates for the number
of weeks of notice still owing.
(e) Termination
of Employment:-
(i) Notice
of termination by employer.
Notwithstanding these provisions or Clause
12, Other Conditions of Employment this Award, where, as a result of the
employer’s definite decision to terminate employees as specified in subclause
(c), Discussions before terminations, of this clause, the employer terminates
the employment of an employee who has been employed by the employer for the
preceding twelve months, it shall give the employee three months notice of
termination of employment; provided that, if it fails to give such notice in
full -
(a) it
shall pay the employee at the rate specified for the employee’s ordinary
classification of this award for a period equal to the difference between three
months and the period of the notice given;
and
(b) the
period of notice required by this subclause to be given shall be deemed to be
service with the Association for the purposes of the Long Service Leave Act
1955, the Annual Holidays Act 1944, or any Act amending or replacing
either of these Acts; and provided
further that the right of the company summarily to dismiss an employee shall not
be prejudiced by the fact that the employee has been given notice pursuant to
this subclause of the termination of employment.
(ii) Notification
to the union and other bodies:
Where a decision has been made to terminate
employees in the circumstances outlined in subclause (c), Discussions before
terminations, of this clause, the employer shall notify, in addition to the
union as specified in the said subclause (c), the Industrial Registrar, the
Direction of Vocational Guidance, the Department of Technical and Further
Education and the Commonwealth Employment Service as soon as possible giving
the relevant information including the number and categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
(f) Time
off during the notice period:
During the period of notice of termination
given by the employer an employee shall be allowed up to one day’s time off
without loss of pay during each week of notice for the purpose of seeking other
employment.
If the employee has been allowed paid leave
for more than one day during the notice period for the purpose of seeking other
employment, the employee shall, at the request of the employer, be required to
produce proof of attendance at an interview or the employee shall not receive
payment for the time absent.
For this purpose, a statutory declaration
will be sufficient.
(g) Employee
leaving during the notice period:-
If the employment of an employee is
terminated for any reason (other than for misconduct) before the notice period
expires, the employee shall be entitled to the same benefits and payments under
this clause had the employee remained with the employer until the expiry of
such notice. Provision that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(h) Statement
of Employment:
The employer shall upon receipt of a request
from an employee whose employment has been terminated, provide to the employee
a written statement specifying the period of the employee employment and the
classification of or the type of work performed by the employee.
(i) Severance
Pay:
(i) Where
an employee is terminated pursuant to subclause (e), Termination of Employment,
of this clause, the employer shall pay the following severance payments:
(a) Severance
pay at the rate of three weeks per year of continuous service with a maximum of
52 weeks, with pro-rata payments for incomplete years of service to be on a
quarterly basis;
(b) Four
weeks’ notice or payment in lieu.
(c) An
additional one week’s notice or pay in lieu for employees for every year over
the age of 45 years and over with five or more years of completed service.
(d) Pro
rata annual leave loading in respect of leave accrued at the date of
termination.
(j) For
the purposes of calculating the entitlement to severance pay, periods of
service shall be taken into account as follows:
All years of service with the Police Service
of New South Wales and the Association.
19.
Public Holidays
(a) All employees shall receive the
following days as Public Holidays:-
(i) New
Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen’s Birthday, Labor Day, Christmas Day, Boxing Day, and any other day
gazetted as a public holiday for the state.
In
addition to the holidays mentioned in this paragraph, Bank Holiday shall be
regarded as an additional holiday.
(b) An
employee may elect to substitute any recognised day of religious or other
significance to them in lieu of any day mentioned in Clause19(a)(i) on a day
for day basis. To facilitate this clause the employee shall inform the employer
in writing before the intended day off or before the day it replaced from
Clause 19(a)(i), whichever is the earlier.
If the employer closes down on the day selected for replacement, the
employee shall avail themselves of leave or accrued time off on that day.
20. Annual Leave
(a) There shall be granted to each employee
four (4) weeks’ annual leave, exclusive of public holidays. In addition, the
employer shall grant time off between Boxing Day and New Year’s Day, or days
off in lieu for any time worked during this period. Any rostered day off that
falls in the month of December shall be taken to be one of the days off in
lieu. Such employee shall not be entitled
to an additional day where an RDO falls and is taken during the month of
December.
21.
Long Service Leave
(a) An employee is
entitled to Long Service Leave which accrues at the rate of:
(i) After five (5) years continuous service
an employee shall accrue 22 working days leave on full pay and will accrue
further leave at the rate of 0.0843 working days per week or 0.0169 working
days per day between five (5) and ten (10) years continuous service.
(ii) After ten (10) years continuous service
an employee shall accrue 44 working days leave on full pay and will accrue
further leave at the rate of 0.2108 working days per week or 0.0422 working
days per day of continuous service after ten (10) years.
(b) All leave
accrued under subclause 21(a)(i) and 21(a)(ii) of this clause may be taken at
half pay at the request of the employee.
(c) A reference to
a working day in this clause is a seven (7) hour day.
(d) Employees
shall be entitled to a pro-rata payment on termination of service between five
(5) and ten (10) years as provided for in the Long Service Leave Act
1955, as amended.
(e) Employees may
take accrued Long Service Leave after completing ten years continuous service
having regard to the needs of the employer.
(f) When calculating the accrual of Long
Service Leave, periods of service shall be taken into account as follows:
(i) All broken
periods of service with the Police Association of New South Wales or the NSW
Police Service.
(g) For the
purposes of subclause (f), if the employee has accrued 10 years or more
previous service and a payment has been made in lieu of taking long service
leave, the employee will be considered to have taken the leave for which they
have been paid in calculating their entitlement. In this case the previous
service will only be used to determine the rate by which the long service leave
accrues.
(h) For all
purposes other than the provisions mentioned in this award, continuous service
means continuous service as defined in the Long Service Leave Act 1955, as
amended.
(i) The
Association will take into account periods of relevant work experience.
22. Sick Leave
(a) If the
President is satisfied that an employee is unable to perform duty because of
illness, the President:
(i) Must, subject
to this clause, grant to the employee, sick leave on full pay, and
(ii) May, subject
to this clause, grant to the employee sick leave with or without pay, if the
absence of the employee exceeds the entitlement of the employee under this
clause to sick leave on full pay.
(b) An employee
may elect to take available recreation or extended leave instead of sick leave
without pay.
(c) Sick leave on
full pay accrues to an employee at the rate of 15 days each calendar year, and
any such accrued leave which is not taken is cumulative. Sick leave on full pay accrues at the
beginning of the calendar year, but if an employee is appointed during a
calendar year, sick leave on full pay accrues on the day the employee commences
duty at the rate of 1 and ¼ days for each complete month before the next 1
January.
(d) If an employee
who is on recreation leave or long service leave furnishes to the President a
satisfactory medical certificate in respect of illness occurring during that
leave, the President may, subject to the provisions of this subclause, grant
sick leave to the employee for the following period:
(i) In the case
of an employee on recreation leave, the period set out in the medical
certificate; in the case of the employee on long service leave, the period set
out in the medical certificate, except that if that period is less than five
ordinary working days.
(ii) This
subclause applies to all employees other than those on leave before resignation
or termination of services, unless the resignation or termination of services
amounts to a retirement.
(iii) Except as
otherwise provided by this clause, service with the Association is to be taken
into account for the purposes of calculating sick leave due.
(iv) Sick leave
without pay is not be counted as service for the accrual of sick leave.
(v) For the
purpose of determining the amount of sick leave accrued if sick leave is
granted on less than full pay, the amount of sick leave granted is to be
converted to its full pay equivalent.
(e) Not more than
five days sick leave on full pay is to be granted to any employee during the
first three months of service unless a satisfactory medical certificate in
respect of each absence is furnished.
(f) On completion
of the first 12 month’s service, payment may be made to an employee for such
portion of sick leave taken without pay during the first three months of that
service as, with the addition of all sick leave on full pay granted during that
period of 12 months, does not exceed a total of 15 working days.
23. Maternity Leave
(a) An employee
who is pregnant shall, subject to this clause, be entitled to be granted
maternity leave as follows:
(i) for a period
up to 9 weeks prior to the expected date of birth; and
(ii) for a further
period of up to 12 months after the actual date of birth.
(b) An employee
who has been granted maternity leave may, with the permission of the employer,
take leave after the actual date of birth:
(i) full-time for
a period of up to 12 months; or
(ii) part-time for
a period of up to 2 years; or
(iii) as a combination
of full-time and part-time over a proportionate period of up to 2 years.
(c) An employee
who has been granted maternity leave and whose child is stillborn may elect to
take available sick leave instead of maternity leave.
(d) An employee
who resumes duty after maternity leave either on full-time or part-time shall
be entitled to resume duty in the position occupied by her immediately before
the commencement of maternity leave, if the position still exists.
(e) If the
position occupied by the staff member immediately prior to maternity 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 classification as the staff member’s former
position.
(f) An employee who, prior to the expected
date of birth, completed not less than 40 weeks continuous service, shall be
paid at her ordinary rate of pay for a period not exceeding 9 weeks or the
period of maternity leave taken, whichever is the lesser period. The
employee may elect to take this period at half of her ordinary rate of pay over
a period not exceeding 18 weeks or the period of maternity leave, whichever is
the lesser period.
(g) Except as
provided in sub-clause (f), maternity leave shall be granted without pay.
24.
Parental Leave
(a) An employee is
entitled to take parental leave in respect of each pregnancy of the spouse or
partner as follows:
(i) Short
Parental Leave. Short parental leave is an unbroken period of up to one week,
with pay, at the time of the birth of the child or other termination of the
spouse’s or partner’s pregnancy;
(ii) Extended
Parental Leave. Extended parental leave is for a period not exceeding 12
months, less any short parental leave already taken by the staff member as
provided for in subparagraph (i) of paragraph (a) of this subclause in order to
assume the primary care giving responsibilities.
(b) Extended
parental leave may commence at any time up to 2 years from the date of birth of
the child.
(c) An employee
who has been granted parental leave may, take such leave:
(i) full-time for
a period not exceeding 12 months; or
(ii) part-time
over a period not exceeding 2 years; or
(iii) partly
full-time and partly part-time over a proportionate period of up to 2 years.
(d) A staff member
who resumes duty immediately on the expiration of parental leave shall:
(i) if the
position occupied by the staff member immediately before the commencement of
that leave still exists, be entitled to be placed in that position; or
(ii) if the
position occupied by the staff member 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
classification as the staff member’s former position.
(e) Extended
Parental leave shall be granted without pay.
25. Adoption Leave
(a) An employee
adopting a child and who will be the primary care giver shall be entitled to be
granted adoption leave:
(i) for a period
of up to 12 months if the child has not commenced school at the date of the
taking of custody; or
(ii) for such
period, not exceeding 12 months on a full-time basis, as the employer may
determine, if the child has commenced school at the date of the taking of
custody.
(b) A staff member
who has been granted adoption leave may, with the permission of the employer,
take leave:
(i) full-time for
a period not exceeding 12 months; or
(ii) part-time
over a period not exceeding 2 years; or
(iii) partly
full-time and partly part-time over a proportionate period of up to 2 years.
(c) Adoption leave
shall commence on the date that the staff member takes custody of the child
concerned, whether that date is before or after the date on which a court makes
an order for the adoption of the child by the staff member.
(d) A staff member
who resumes duty immediately on the expiration of adoption leave shall:
(i) if the
position occupied by the staff member immediately before the commencement of
that leave still exists, be entitled to be placed in that position; or
(ii) if the
position so occupied by the staff member 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
classification as the staff member’s former position.
(e) An employee who will be the primary care
giver from the date of taking custody of the adopted child shall be entitled to
payment at their ordinary rate of pay for a period of 3 weeks of adoption leave
or the period of adoption leave taken, whichever is the lesser period if the
staff member, prior to the commencement of adoption leave, completed not less
than 40 weeks continuous service.
(f) Except as
provided in paragraph (25)(e), adoption leave shall be granted without pay.
(g) Special
Adoption Leave. A staff member shall be
entitled to special adoption leave with pay for up to 2 days to attend
interviews or examinations for the purposes of adoption.
26. Family and Community Service Leave
(a) The
President shall, in the case of emergencies or in personal or domestic
circumstances, grant to an employee some or all of the available family and
community service leave on full pay.
(b) Such
cases may include but not be limited to the following:-
(i) compassionate
grounds - such as the death or illness of a close member of the employee’s
household (as defined in Clause 28);
(ii) 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;
(iii) emergency
or weather conditions - such as when flood, fire or snow etc. threaten property
and/or prevent an employee from reporting for duty;
(iv) other
personal circumstances - such as citizenship ceremonies, parent/teacher
interviews or attending child’s school for other reasons;
(c) attendance
at court by an employee to answer a charge for a criminal offence, if the
President considers the granting of family and community service leave to be
appropriate in a particular case;
(d) employees
who are selected to represent Australia or the State as competitors in major
amateur sport (other than Olympic or Commonwealth Games);
(e) employees
who hold office in Local Government other than as a Mayor of a Municipal
Council, President of a Shire Council or Chairperson of a County Council, to
attend meetings, conferences or other duties associated with that office where
those duties necessitate absence during normal working hours.
(f) 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 the greater of the
leave provided in subparagraphs (i) or (ii) of this paragraph.
(i) 2.5
working days in the first year of service and, on completion of the first
year’s service, 5 working days in any period of 2 years; or
(ii) After
the completion of 2 years’ continuous service, the available family and
community service leave is determined by allowing 1 day’s leave for each
completed year of service less the total amount of short leave or family and
community service leave previously granted.
(g) If
available family and community service leave is exhausted as a result of
natural disasters, the President shall consider applications for additional
family and community service leave, if some other emergency arises. On the death of a person defined in paragraph
(i) of subclause (b) of this clause, 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.
(h) 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 (f) of this
subclause shall be granted when paid family and community service leave has
been exhausted.
27. Bereavement Leave
(a) An employee other than a casual employee
shall be entitled to up to two days bereavement leave without deduction of pay,
on each occasion of the death of a person in Australia as prescribed in clause
28 this award. Where the death of a person as prescribed by the said clause 28
occurs outside Australia, the employee shall be entitled to two days bereavement
leave where the employee travels outside Australia to attend the funeral.
(b) The
employee must notify the employer as soon as practicable of the intention to
take bereavement leave and will provide to the satisfaction of the employer
proof of death.
(c) Bereavement leave shall be available to
the employee in respect of the death of a person prescribed for the purposes of
personal/carer’s leave as set out in clause 28 of this award, provided that for
the purpose of bereavement leave, the employee need not have been responsible
for the care of the person concerned.
(d) An employee shall not be entitled to
bereavement leave under this clause during any period in respect of which the
employee has been granted other leave.
(e) Bereavement leave may be taken in
conjunction with other leave available under clauses 30, 31 and 32. In determining such a request, the employer
will give consideration to the circumstances of the employee and the reasonable
operation requirements of the business.
28. Sick Leave to Care for a Family Member
When family and community service leave provided for in
clause 26 of this award is exhausted, an employee with responsibilities in
relation to a category of person set out in paragraph (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 subclause, 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 President may
grant additional sick leave from the sick leave accumulated during the staff
member’s eligible service.
(b) If required by
the President, 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:
(i) the employee
being responsible for the care and support of the person concerned; and
(ii) the person
concerned being:
a spouse of the staff member; or
a de facto spouse being a person of the opposite sex to
the staff member who lives with the employee as her husband or his wife on a
bona fide domestic basis although not legally married to that employee; or
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 a de facto spouse of the employee; or - a same sex partner who lives with employee 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.
A discretionary power lies with the employer on the
application of the employee.
29. Use of Unpaid Leave as Personal Carer’s Leave
An employee may elect, with the consent of the employer, to
take unpaid leave for the purpose of providing care and support to a member of
a class of person set out in clause 28 of this award, who is ill.
30.
Use of Annual Leave as Personal Carer’s Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part days, in any calendar year at a time agreed to by the parties.
(b) Access to annual
leave, as prescribed in paragraph (a) of this clause shall be exclusive of any
shutdown period provided for elsewhere in this award.
31. Time Off in Lieu of the Payment of Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time agreed with the employer within 12 months of the
overtime being worked.
(b) Overtime taken
as time off during ordinary time hours shall be taken off at the overtime rate,
that is, time and one half and/or double time for each hour worked.
(c) If, having
elected to take time as leave in accordance with subparagraph (a) of this
clause, the leave is not taken for whatever reason, payment for time accrued at
overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with subparagraph (a) of this clause, the
employee shall be paid overtime rates in accordance with the provisions of this
award.
32. Make Up Time
(a) An employee
may elect, with the consent of the employer, to work "make up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in clause 4 of
this award, Hours, at the ordinary rate of pay.
(b) An employee or
a group of employees may develop a regular flexible rostering arrangement which
provides for an increase in the spread of ordinary hours from 7 hours to allow
for one or more days off to accrued over a fixed roster period with the agreement
of the respective Manager or Director.
33. 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 and age.
(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:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) 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.
34.
Part Time
(a) A part time
employee is an employee who works less than the ordinary number of hours worked
by full time employees.
(b) Part time
employees shall be paid an hourly rate calculated by dividing the pay
appropriate to the classification of the employee by the number of hours worked
by full time employees in the same classification.
(c) Part time
employees shall be entitled to all award entitlements. All authorised paid leave will be accrued on
a proportional basis as the employee’s average hours of work relate to those
worked by full time employees.
(d) Overtime rates
will apply to any part time employee if they are requested to work for more hours
per day or more hours per week than a full time employee does.
35.
Casuals
(a) A casual
employee is an employee engaged intermittently in work of an irregular,
occasional and/or unexpected nature, and who is engaged and paid by the
hour. Full time part time and temporary
employees are not casual employees.
(b) A casual
employee shall be paid the equivalent of the hourly rate of pay for the
appropriate classification plus a loading of 20 per cent with a minimum payment
of three hours pay for each start. The 20 per cent loading in not included in
the calculation of overtime.
(c) The casual
loading prescribed is in lieu of the entitlements arising under this award, of
annual leave, sick leave and any day specified in Clause19 (Public Holidays).
36. Temporary Employees
(a) A temporary
employee is an employee employed temporarily for a period not exceeding twelve
months, and includes a temporary part time employee. A casual employee shall
not be employed as a temporary employee.
(b) A full time or
part time temporary employee shall be paid the rate of pay as is applicable for
the classification to which they have been appointed. Temporary employees shall not be used to replace a full time
position.
37. Job Sharing
(a) Where two or
more employees mutually agree to share the hours and duties of a position on a
job share basis and the employer agrees, each employee will be employed on a
part time basis.
(b) The employer
may advertise vacant position on a job share basis.
(c) Where a job
share employee leaves the Police Association, the position may revert to a full
time position if the remaining part time job share employee agrees.
38.
Workers Compensation
See Workers’
Compensation Act 1987, as amended.
39. Entitlement to Higher Duties Allowance When
Relieving in Other Positions
(a) This clause
applies when the President directs that the duties of a position which is
vacant, or the holder of which is suspended, sick or absent, are to be
performed by one or more employees.
(b) An employee
who, during a period of relief in another position, satisfactorily performs, in
the opinion of the President, the duties, and assumes the whole of the
responsibilities of that position is to be paid by allowance any difference
between the employee’s present salary or wage and a rate of pay set at the
minimum of the range of pay applicable to the position being relieved in, on a
‘total cost employment basis’, plus other allowances applicable to that
position that the person relieving is not already receiving. Such allowances to include motor vehicle,
parking and clothing where applicable.
(c) If the
employer can demonstrate that performance of all aspects of the position can
not undertaken or will not be required during the period of relief, he or she
may reduce the relieving allowance proportionately. The minimum relieving allowance payable is 50% of total possible
relieving allowance.
(d) In this
clause, a reference to the duties and responsibilities of a position is a
reference to those duties and responsibilities that, during the period of
relief, the employee appointed to the position would ordinarily have performed
or assumed.
40. Payment of Allowance When Relieving in Other
Positions
(a) Except where
the President otherwise determines, an allowance is not to be paid under clause
39 in respect of a single period of relief in another position of less than one
(1) ordinary working week.
(b) The allowance
provided for in clause 39 shall, subject to subclause d, be paid during any
unbroken period of leave taken by the employee during any period of relief in
another position. Such relieving
allowance shall only be paid on the first five (5) ordinary working days of
leave.
(c) If an employee
provides part time relief in a position on a continuing basis, an allowance is
to be paid under Clause 39 calculated as though the employee were relieving on
a full-time basis. The amount of the
allowance will be a proportionate amount calculated on the basis of the actual
hours worked by the relieving officer over 35 hours being the full-time
equivalent.
(d) If an employee
provides relief continually for more than six (6) months, he/she shall be paid
a relieving allowance on the employee’s sick leave or annual leave entitlements
accrued during such relief, providing such entitlements are taken within 12
months of the period of relief.
41. Grievance Settlement Procedures
(a) Where any
dispute or grievance arises, the employee or employees shall discuss the issue
with the Divisional Manager/Director and, if required, request a meeting to
resolve the issue and state any remedy sought.
If a meeting is requested, it will be held within 48 hours exclusive of
weekends. The employee may have another
person of their choice present at the meeting.
(b) If the matter
is not resolved, a meeting should be requested between the parties concerned,
an elected official of the Police Association Salaried Officers Union and the
President of the Police Association or the most senior elected official acting
in the capacity of Chief Executive Officer. The meeting should be held within
48 hours of the request exclusive of weekends.
(c) If the matter
is not resolved it shall be within 48 hours placed before a specially convened
meeting of a minimum of three (3) ‘senior’ elected officials of the Association
for discussion and resolution, as defined in the rules.
(d) Neither party
will initiate proceedings under Chapter 3 of the Industrial Relations Act
1996, until procedures under these clauses have failed to resolve the issue.
(e) In matters
where the safety of an employee is at risk, the union reserves the right to
refer the matter to the appropriate industrial tribunal or take whatever action
is necessary to protect the employee from any safety risk. The appropriate Manager shall be advised at
the first opportunity of the details of the safety issue.
42.
Existing Privileges
(a) Except so far
as altered expressly or by necessary implication the Award is made on the
understanding that all other existing privileges and conditions not specified
there in shall continue during the currency of this Award.
43. No Further Claims
(a) It is a
condition of this award that the Police Association Salaried Officers’ Union
undertakes for the duration of the life of this award not to pursue any extra
claims, award or over award, with respect to employees of the Police
Association of New South Wales
44. Monetary Rates
Adult Basic Wage: $121.40 per week
Annual Equivalent: $6,334.
Table
1 - Classifications
|
Classification
|
Rate of Pay
|
|
|
|
|
President
|
1001 Cullen Egan & Dell Assessment points (Feb 1998)
|
|
Secretary Industrial/Integration
|
867 Cullen Egan & Dell Assessment points (Feb 1998)
|
|
Manager - Administrative Services
|
711 Cullen Egan & Dell Assessment points (Feb 1998)
|
|
Manager - Legal Services
|
614 Cullen Egan & Dell Assessment Points (Feb 1998)
|
|
Manager - Industrial Services
|
614 Cullen Egan & Dell Assessment Points (Feb 1998)
|
|
Manager - Field Services
|
614 Cullen Egan & Dell Assessment Points (Feb 1998)
|
|
Director - Research/Resource
|
721 Cullen Egan & Dell Assessment Points (Feb 1998)
|
|
|
|
|
Administrative Services
|
|
|
|
|
|
Property/Finance Officer
|
A rate not less than level 3, Year 1 to level 6 Year 1
|
|
Local Area Network Administrator
|
A rate not less than level 2, Year 1 to level 6, Year 2
|
|
Administrator Membership/Branches
|
A rate not less than level 3, Year 2 to level 5, Year 2
|
|
Accounts Officer
|
A rate not less than level 1, Year 1 to level 4, Year 1
|
|
Managers Secretary
|
A rate not less than Grade A to level 1 Year 2
|
|
Data Entry Support Officer
|
A rate not less than Level F, year 1 to level 3, year 2
|
|
Receptionist
|
A rate not less than Level 1, Year 1 to Level 4, Year 2
|
|
Clerk /Support Officer
|
Grade K to F
|
|
|
|
|
Personal Assistant to the President
|
A rate not less than Level 2, Year 1 to Level 5, Year 2
|
|
|
|
|
Legal Services
|
|
|
|
|
|
Case Co-ordinator
|
A rate not less than Level 10, Year 1 to Level 12, Year 2
|
|
Advisory Officer
|
A rate not les than Level 5, Year 1 to level 9, Year 2
|
|
Legal Clerk (Substantive)
|
A rate not less than Level 2, Year 1 to Level 5, Year 2
|
|
Clerk
|
Grade A to K
|
|
|
|
|
Industrial Services
|
|
|
|
|
|
Industrial Officer
|
A rate not less than Level 5, Year 1 to Level 9, Year 2
|
|
Awards Clerk
|
A rate not less than Level 1, Year 1 to Level 4, Year 2
|
|
|
|
|
Field Services
|
|
|
|
|
|
Field Officer
|
A rate not less than Level 7, Year 1 to Level 9, Year 2
|
|
OHS Co-ordinator
|
A rate not less than Level 7, Year 1 to Level 9, Year 2
|
|
Commissioned Police Officers Co-ordinator
|
A rate not less than Level 7, Year 1 to Level 9, Year 2
|
|
|
|
|
Research/Resource
|
|
|
|
|
|
Research Officer
|
A rate not less than Level 5, Year 1 to Level 6 Year 2
|
|
Information Manager
|
A rate not less than Level 7, Year 1
|
|
Project/Publication Officer
|
A rate not less than Level 3, Year 1 to Level 6, Year 2
|
|
Clerk
|
Grade A to K
|
|
|
|
|
Training Co-ordinator
|
A rate not less than Level 7, Year 1 to Level 8 Year 2
|
45.
Pay Link
(a) The minimum
annual pay of any level mentioned in Table 1 Classifications, is the product of
the multiplier in Table 2 Rates of Pay appropriate to that grade and level and
the annual base pay of a Level 6 Senior Constable under the Crown Employees
(Non Commissioned Police Officers) Award as varied.
(b) As at the
first pay period after 1 January 2000 the annual base pay of a Level 6 Senior
Constable under the Crown Employees (Non Commissioned Police Officers) Award is
$49,249.00.
(c) As at the
first pay period after 1 July 2000 the annual base pay of a Level 6 Senior
Constable under the Crown Employees (Non Commissioned Police Officers) Award is
$50,726.00.
(d) Example
calculation of the pay of a given classification;
(i) An Industrial
Officer Classification requires a minimum starting pay of Level 5 First
Year. The Multiplier for Level 5 First
Year is 106.39%. The pay for a Level 6 Senior Constable is $49,249.00 with the
first pay period after 1 July 2000.
(ii) Therefore a
Level 5 First Year’s pay is $49,249.00 multiplied by 106.39 divided by 100
equals $52,396.00
Table
2 - Rates of Pay
|
Grade
|
Multiplier
|
|
A
|
47.09%
|
|
B
|
53.35%
|
|
C
|
56.95%
|
|
D
|
61.37%
|
|
E
|
63.05%
|
|
F
|
65.71%
|
|
G
|
66.91%
|
|
H
|
68.57%
|
|
I
|
71.11%
|
|
J
|
73.68%
|
|
K
|
76.40%
|
|
Level 1 First Year
|
80.62%
|
|
Level 1 Second Year
|
82.98%
|
|
Level 2 First Year
|
85.30%
|
|
Level 2 Second Year
|
87.64%
|
|
Level 3 First Year
|
90.12%
|
|
Level 3 Second Year
|
92.84%
|
|
Level 4 First Year
|
95.74%
|
|
Level 4 Second Year
|
98.68%
|
|
Level 5 First Year
|
106.39%
|
|
Level 5 Second Year
|
109.74%
|
|
Level 6 First Year
|
114.10%
|
|
Level 6 Second Year
|
117.38%
|
|
Level 7 First Year
|
120.90%
|
|
Level 7 Second Year
|
124.52%
|
|
Level 8 First Year
|
129.70%
|
|
Level 8 Second Year
|
133.83%
|
|
Level 9 First Year
|
137.81%
|
|
Level 9 Second Year
|
141.69%
|
|
Level 10 First Year
|
147.48%
|
|
Level 10 Second Year
|
151.87%
|
|
Level 11 First Year
|
159.40%
|
|
Level 11 Second Year
|
166.16%
|
|
Level 12 First Year
|
176.57%
|
|
Level 12 Second Year
|
184.34%
|
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.