Crown Employees (Sheriff's Officers) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Industrial Relations Secretary.
(Case No. 422232 of 2024)
|
Before The Honourable Justice Chin, Vice President
|
18 November 2024
|
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Salary
5. Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 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
14. No Extra
Claims
PART B
MONETARY RATES
Table 1 - Salary Rates
Table 2 - Meal Allowance
2.
Title
This Award will be known as the Crown Employees (Sheriff’s
Officers) Award 2024.
3. Definitions
"Act" means the Government Sector Employment
Act 2013 and its Regulations and Rules.
"Department" means the Department of Communities and
Justice (Courts, Tribunals and Service Delivery Division)
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Public Service Commissioner" has the same meaning
as in the Government Sector Employment Act 2013.
"Officer" means and includes all persons
permanently or temporarily employed under the provisions of the Government
Sector Employment Act 2013, 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
Salaries payable to officers under this award are set by the
Crown Employees (Public Sector - Salaries 2022) Award or any replacement award.
They are reproduced for convenience at Table 1 - Salaries, of Part B, Monetary
Rates of this award.
The salaries prescribed in Table 1 - Salaries, of Part B,
Monetary Rates of this award reflect an agreement between the parties and
includes a 3% increase to salaries payable with effect from the first full pay
periods to commence on or after 1 July 2024, 1 July 2025 and 1 July 2026.
The reclassification of Officers effective from the first
full pay period to commence on or after 1 July 2024 resolves the work value of
Officers up to and including 1 July 2024.
5. Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 to Apply
The provisions of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009 apply to this award except for
clause 29, Meal Expenses on One Day Journeys, and clause 46, Uniforms,
Protective Clothing and Laundry Allowance.
6. Meal Allowance for Staff Who Are Required to
Travel
(i) For the
purposes of this clause "region" means the Department regions which
an officer is from time to time assigned. The 5 Regions are:
a. Metro
b Greater Metro
c. Hunter/North
d. Illawarra/South
e. West/South West
(ii) An officer 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 officer’s residence will 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 officer will 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 will 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
Department, if required.
(ii) An officer is required to notify in
writing their immediate supervisor, 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 officer to advise their immediate manager the notification
may occur to the next appropriate level of management, including where
required, to the Agency Head or delegate
(iv) The immediate supervisor, or other
appropriate officer, will 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 supervisor, the officer may request to meet the appropriate person at
the next level of management in order to resolve the
matter. This manager will 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 officer until the matter is referred to the Agency Head.
(vi) The Agency Head may refer the matter to the
Industrial Relations Secretary for consideration.
(vii) If the matter remains unresolved, the Agency
Head will provide a written response to the officer 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) An officer, at any stage, may request to be
represented by their union.
(ix) The officer, or the Association on their
behalf, or the Agency Head 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 officer, Association, Department and
the Industrial Relations Secretary will 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 will continue unless otherwise agreed between the parties, or, in
the case involving health and safety, if practicable, normal work will proceed
in a manner which avoids any risk to the health and safety of any officer or
member of the public.
11. Anti-Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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
(i) This award
will apply to Sheriff’s Officers of the Department of Communities and Justice
(Courts, Tribunals and Service Delivery).
(ii) This award is
made following an application for a new award pursuant to section 10 of the Industrial
Relations Act 1996 and rescinds and replaces the Crown Employees (Sheriff's
Officers) Award published on 10 September 2021 (390 I.G.372).
(iii) This award has effect from the beginning of
the first full pay period on or after 1 July 2024 and will remain in force
until 30 June 2027.
(iv) This award remains in force until varied or
rescinded.
14. No Extra Claims
(i) The
Industrial Relations Commission recognises that the parties have provided an
undertaking that other than as provided for in the Industrial Relations Act
1996, there will be no further claims/demands or proceedings instituted before
the NSW Industrial Relations Commission for extra or reduced wages, salaries,
rates of pay, allowances or conditions of employment with respect to the
Employees covered by the Award that take effect prior to the nominal expiry of
the Award unilaterally made by a party to this Award unless otherwise agreed by
the parties.
(ii) This
undertaking does not prevent the parties from continuing collaborative
discussions during the life of the Award to deliver additional enhancements to
remuneration and/or conditions of employment, and to achieve additional
industry wide and systemic efficiencies and productivity improvements in the
delivery of Government services to the public. Changes to conditions or
salaries may be jointly progressed and, if agreed, an application to vary the
Award may be made by consent prior to the nominal expiry of the Award.
PART B
MONETARY RATES
Table 1 - Salary Rates - Sheriff’s Officers
The salary rates are set by with the Crown Employees (Public
Sector - Salaries 2022) Award and all variations thereof and are effective from
the beginning of the first pay period to commence on or after 1 July 2024. They
are reproduced below for convenience.
|
Position
|
1
July 2023
Per
annum
4%
|
Reclassification
Uplift
1
July 2024
|
1
July 2024
Per
annum
3%
|
1
July 2025
Per
annum
3%
|
1
July 2026
Per
annum
3%
|
|
|
$
|
$
|
$
|
$
|
$
|
|
Chief Superintendent
|
|
|
|
|
|
|
Year 2
|
124,258
|
133,183
|
137,178
|
141,293
|
145,532
|
|
Year 1
|
120,859
|
129,331
|
133,211
|
137,207
|
141,323
|
|
Superintendent
|
|
|
|
|
|
|
Year 2
|
109,194
|
124,258
|
127,986
|
131,826
|
135,781
|
|
Year 1
|
106,025
|
120,859
|
124,485
|
128,220
|
132,067
|
|
Chief Inspector
|
|
|
|
|
|
|
Year 2
|
102,941
|
117,363
|
120,884
|
124,511
|
128,246
|
|
Year 1
|
100,011
|
113,746
|
117,158
|
120,673
|
124,293
|
|
Inspector
|
|
|
|
|
|
|
Year 2
|
96,237
|
109,194
|
112,470
|
115,844
|
119,319
|
|
Year 1
|
93,295
|
106,025
|
109,206
|
112,482
|
115,856
|
|
Senior Sergeant
|
86,539
|
103,863
|
106,979
|
110,188
|
113,494
|
|
Sergeant
|
|
|
|
|
|
|
Year 4
|
86,539
|
102,941
|
106,029
|
109,210
|
112,486
|
|
Year 3
|
83,957
|
100,011
|
103,011
|
106,101
|
109,284
|
|
Year 2
|
81,416
|
96,237
|
99,124
|
102,098
|
105,161
|
|
Year 1
|
79,032
|
93,295
|
96,094
|
98,977
|
101,946
|
|
Sheriff’s Officer
|
|
|
|
|
|
|
Year 4
|
76,857
|
86,539
|
89,135
|
91,809
|
94,563
|
|
Year 3
|
74,803
|
83,957
|
86,476
|
89,070
|
91,742
|
|
Year 2
|
72,772
|
81,416
|
83,858
|
86,374
|
88,965
|
|
Year 1
|
70,694
|
79,032
|
81,403
|
83,845
|
86,360
|
|
Probationary Sheriffs Officer
|
64,619
|
76,857
|
79,163
|
81,538
|
83,984
|
Table 2 - Meal Allowance
Capital cities and the following country centres:
Maitland
Newcastle
Port Macquarie
Wagga Wagga
Wollongong
|
|
1 July 2024
|
1 July 2025
|
1 July 2026
|
|
Breakfast
|
$ 33.90
|
As per ATO
|
As per ATO
|
|
Lunch
|
$ 38.10
|
As per ATO
|
As per ATO
|
|
Dinner
|
$ 64.95
|
As per ATO
|
As per ATO
|
All other NSW Country Centres
|
|
1 July 2024
|
1 July 2025
|
1 July 2026
|
|
Breakfast
|
$ 30.35
|
As per ATO
|
As per ATO
|
|
Lunch
|
$ 34.65
|
As per ATO
|
As per ATO
|
|
Dinner
|
$ 59.75
|
As per ATO
|
As per ATO
|
D. CHIN J, Vice President
____________________
Printed by
the authority of the Industrial Registrar.