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. IRC4681 of 2001)

 

 

VARIATION

 

1.          Delete subclause (a) of clause 3, Payment, of the award published 12 January 2001, (321 I.G. 506), and insert in lieu thereof the following

 

(a)       

 

(i)         All employees shall be paid a minimum annual salary of $20,700

(ii)        In addition, employees may elect to:

 

*          receive additional salary, or

 

*          receive additional superannuation or other fringe benefits in lieu of a portion or all of additional salary,

 

provided that the total amount of the minimum annual salary referred to in paragraph (i) above and the additional salary and/or the value of additional superannuation and/or other fringe benefits for each employee (hereinafter referred to as the "total remuneration amount") shall not exceed the amount of the rate of pay assignable to the employee's classification as set out in Table 1 and as calculated in Table 2.

 

(iii)       The total remuneration amount for each employee above shall increase to the next level each year upon the anniversary of the employee's date of employment.

 

(iv)      Any allowance, penalty rate, payment for unused entitlements, weekly workers' 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 award rate of pay, shall be calculated be reference to the total remuneration amount for the employee under this award.

 

2.          Delete paragraph (i) of subclause (b) of the said clause 3, and insert in lieu thereof the following:

 

(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 salary range determined by reference to an agreed and independent job evaluation.  The TCE shall be inclusive of any fringe benefits tax liability upon the employer.

 

3.          Delete subclause (a) of clause 14, Sacrifice Pay to Superannuation, and insert in lieu thereof the following:

 

(a)        An employee may elect to sacrifice a portion or all of the additional salary under clause 3(a)(ii) 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.

 

4.          Delete paragraph (ii) of subclause (b) of the said clause 14, and insert in lieu thereof the following:

 

(ii)        Any allowance, penalty rate, payment for unused entitlements, weekly workers' 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 award rate of pay, shall be calculated by reference to the total remuneration amount for the employee.

 

5.          Delete subclause (e) of the said clause 14, and insert in lieu thereof the following:

 

(e)        Where, prior to electing to sacrifice a portion of additional salary 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 total remuneration amount for the employee to the same extent as applied before the employee sacrificed a portion of the additional salary 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.

 

6.          Delete clause 15, Sacrifice Pay for Other Benefits, and insert in lieu thereof the following:

 

15.  Sacrifice Pay for Other Benefits

 

(a)        Pursuant to clause 3(a)(ii), an employee may elect to receive additional fringe benefits in lieu of additional salary, provided that the employee's total remuneration amount shall be reduced by an amount equivalent to any fringe benefits tax liability incurred by the employer as a result.  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 or all of his/her additional salary to additional fringe benefits.

 

(i)         the sacrifice portion of additional salary will reduce the amount of salary subject to appropriate PAYE taxation deductions by the amount of the sacrificed portion; and

 

(ii)        any allowance, penalty rate, payment for unused entitlements, weekly workers' 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 award rate of pay, shall be calculated by reference to the total remuneration amount for the employee.

 

7.          Delete the following words numbers and figures appearing in clause 44, Monetary Rates.

 

Adult Basic Wage:                              $121.40 per week

Annual Equivalent:                             $6,334.

 

8.          This variation shall take effect on and from 23 July 2001.

 

 

J. P. GRAYSON  D.P.

 

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Printed by the authority of the Industrial Registrar.