Crown
Employees (Police Medical Officers - Clinical Forensic Medicine) (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Salaried Medical Officers' Federation (New South Wales), Industrial
Organisation of Employees.
(No. IRC 727 of 2012)
Before Commissioner
Bishop
|
16 July 2012
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
and Progression
4. Other
Conditions of Employment
5. Salary
Packaging Arrangements, including Salary Sacrifice to Superannuation
6. Anti-Discrimination
7. No Further
Claims
8. Grievance
and Dispute Settlement Procedure
9. Redundancy
10. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Title
This award shall be known as the Crown Employees
(Police Medical Officers - Clinical Forensic Medicine) (State) Award.
2. Definitions
"Award" means the Crown Employees (Police
Medical Officers - Clinical Forensic Medicine) (State) Award.
"Commissioner" means the Commissioner of
Police in New South Wales, or any person duly appointed to act is such position
from time to time.
"Federation" means the Australian Salaried
Medical Officers' Federation (New South Wales).
"Head, Clinical Forensic Medicine Section"
shall be a person qualified to be a Police (Forensic) Medical Officer appointed
on the basis of merit selection on the occurrence of a vacancy as the clinical
and administrative Head of the Clinical Forensic Medicine Section.
"Higher Qualification" means any such
qualification obtained by a Police (Forensic) Medical Officer subsequent to
graduation which is recognised as a higher qualification by the employer for
the purposes of qualifying an employee for access to the higher qualification
allowance applicable under subclause 3.3 of clause 3, Salaries and Progression.
This may include:
(a) post-graduate
university degrees and diplomas recognised by the Medical Board of New South
Wales as qualification; or
(b) membership or
fellowship of the Royal College or Royal Australasian College of Physicians; or
(c) such other
post-graduate qualification obtained by examination and recognised by the
Medical Board of New South Wales, including fellowship of the Royal Australian
College of General Practitioners.
"NSW Police Force" means New South Wales
Police Force established by the Police Act 1990, (NSW).
"Police (Forensic) Medical Officer" means a
non-executive administrative officer within the terms of the Police Act 1990,
who is a person licensed or registered by the Medical Board of New South Wales
pursuant to the Medical Practice Act 1992 and employed in the Clinical
(Forensic) Medicine Section.
"Officer" means a Police (Forensic) Medical
Officer, as defined.
3. Salaries and
Progression
3.1 The salaries set
out in Table 1, of Part B of this award shall have effect from the date
contained therein.
Police (Forensic) Medical Officer, Grade 1 shall be a
medical practitioner with a minimum four years post-graduation experience. Such
officers shall undertake a training period supervised by a suitable experienced
and qualified Police (Forensic) Medical Officer, Grade 3 (or, in the event that
no such officers are employed, a Police (Forensic) Medical Officer, Grade 2)
until such time as the Police (Forensic) Medical Officer, Grade 1, is accepted
as an expert in the practice of Clinical Forensic Medicine. The period of
training and supervision will be not less than six months.
Police (Forensic) Medical Officer, Grade 2 shall be a
medical practitioner accepted as an expert in the practice of Clinical Forensic
Medicine.
Police (Forensic) Medical Officer, Grade 3 shall be a
medical practitioner who has served a minimum of three years as a Police
(Forensic) Medical Officer, Grade 2 and who is accepted as an expert in the
practice of Clinical Forensic Medicine, and who:
(a) has attained the
necessary experience and skills to supervise and train, as appropriate, Police
(Forensic) Medical Officer, Grade 1; and
(b) has attained the
necessary experience and skills to plan, review and implement training courses,
as appropriate, in relevant practice areas including, but not limited to, safe
custody care, breath analysis and drugs training.
3.2 Nature of
Salaries - The parties recognise that the rates of pay prescribed in subclause
3.1 of this clause contain a component which takes into account all the
incidents of employment, including the need to be on-call, call-outs, overtime,
travelling time and waiting time, and including the expenses incurred in taking
telephone calls at the Officer's residence.
3.3 Higher
Qualification Allowance - The salaries prescribed in subclause 3.1 of this
clause for the classifications only of Police (Forensic) Medical Officer, Grade
1, Grade 2 and Grade 3, shall be increased by the amount of $2500 per annum,
for any Officer who holds a higher qualification as defined which, in the
opinion of the Commissioner of Police, is an appropriate higher qualification
with respect to the practice of Clinical Forensic Medicine as carried out in
the NSW Police.
3.4 Progression -
Progression Between Grades- Progression between the grades of Police (Forensic)
Medical Officer will be determined by a representative committee comprised of
representatives from the following organisations, or their successors from time
to time, or class of persons:
Two persons representing the Commissioner of Police;
Head of the Clinical Forensic Medicine Section;
One person from the Institute of Forensic Medicine;
One person from the Office of the NSW Director of
Public Prosecutions;
A Police Prosecutor with a minimum of ten years
standing as a Police Prosecutor;
One person from the Federation;
One person from an Area Health Service.
Such progression shall also be subject to the Commissioner
certifying that the conduct and services of the officer are satisfactory.
3.5 The parties
agree that the productivity provisions contained within the document known as
the Cooperative Negotiation Agenda which was agreed between the Public Service Association
and the Public Employment Office and other employers to the Crown Employees
(Public Sector Salaries) Award, shall apply to the parties to this award to the
extent reasonably appropriate.
4. Other Conditions
of Employment
Where this award is silent, the provisions of the Crown
Employees (NSW Police Administrative Officers and Temporary Employees
Conditions of Employment) Award 2009 as amended from time to time will apply.
5. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
(i) The entitlement
to salary package in accordance with this clause is available to:
(a) permanent
full-time and part-time officers;
(b) temporary
officers, subject to New South Wales Police Force convenience; and
(c) casual officers,
subject to New South Wales Police Force convenience, and limited to salary
sacrifice to superannuation in accordance with subclause (vii).
(ii) For the
purposes of this clause:
(a) "salary"
means the salary or rate of pay prescribed for the officer's classification by
clause 3, Salaries and Progression, Part B of this Award, and any other payment
that can be salary packaged in accordance with Australian taxation law.
(b) "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
(iii) By mutual
agreement with the Commissioner, an officer may elect to package a part or all
of their post compulsory deduction salary in order to obtain:
(a) a benefit or
benefits selected from those approved by the Commissioner, and
(b) an amount equal
to the difference between the officer's salary, and the amount specified by the
Commissioner for the benefit provided to or in respect of the officer in
accordance with such agreement.
(iv) An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
(v) The agreement
shall be known as a Salary Packaging Agreement.
(vi) Except in
accordance with subclause (vii), a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
officer and the Commissioner at the time of signing the Salary Packaging
Agreement.
(vii) Where an
officer makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
officer may elect to have the amount sacrificed:
(a) paid into the
superannuation fund established under the First State Superannuation Act 1992;
or
(b) where the
employer is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
(c) subject to New
South Wales Police Force agreement, paid into another complying superannuation
fund.
(viii) Where the officer
makes an election to salary sacrifice, the employer shall pay the amount of
post compulsory deduction salary, the subject of election, to the relevant
superannuation fund.
(ix) Where the
officer makes an election to salary package and where the officer is a member
of a superannuation scheme established under the:
(a) Police
Regulation (Superannuation) Act 1906;
(b) Superannuation
Act 1916;
(c) State
Authorities Superannuation Act 1987; or
(d) State
Authorities Non-contributory Superannuation Act 1987,
New South Wales Police Force must ensure that the
officer's superable salary for the purposes of the above Acts, as notified to
the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement
had not been entered into.
(x) Where the officer
makes an election to salary package, and where the officer is a member of a
superannuation fund other than a fund established under legislation listed in
subclause (ix) of this clause, New South Wales Police Force must continue to
base contributions to that fund on the salary payable as if the Salary
Packaging Agreement had not been entered into.
This clause applies even though the superannuation contributions made by
New South Wales Police Force may be in excess of superannuation guarantee
requirements after the salary packaging is implemented.
(xi) Where the
officer makes an election to salary package:
(a) subject to
Australian Taxation law, the amount of salary packaged will reduce the salary subject
to appropriate PAYG taxation deductions by the amount packaged; and
(b) 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 officer is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
officer's rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the officer under clause 3, Salaries and
Progression, or Part B of this Award if the Salary Packaging Agreement had not
been entered into.
(xii) New South Wales
Police Force may vary the range and type of benefits available from time to
time following discussion with the Federation. Such variations shall apply to
any existing or future Salary Packaging Agreement from date of such variation.
(xiii) New South Wales
Police Force will determine from time to time the value of the benefits
provided following discussion with the Federation. Such variations shall apply
to any existing or future Salary Packaging Agreement from the date of such
variation. In this circumstance, the officer may elect to terminate the Salary
Packaging Agreement.
6.
Anti-Discrimination
6.1 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 responsibility as a carer.
6.2 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.
6.3 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.
6.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
6.5 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.
7. No Further Claims
During the term of this award, there will be no extra wage
claims, claims for improved conditions of employment or demands made with
respect to the employees covered by the award and, further, that no
proceedings, claims or demands concerning wages or conditions of employment
with respect to those employees will be instituted before the Industrial
Relations Commission or any other industrial tribunal.
The terms of the preceding paragraph do not prevent the
parties from taking any proceedings with respect to the interpretation,
application or enforcement of existing award provisions.
8. Grievance and
Dispute Settlement Procedure
The resolution of or settlement of disputes and/or
individual grievances of officers arising throughout the life of this award
shall be dealt with in the manner prescribed hereunder:
(i) Where a
dispute/grievance arises discussions, including the remedy sought, shall be
held as soon as possible, and in any event within two working days of such
notification, between the officer(s) concerned and the immediate supervising
officer, or other appropriate officer in the case of a grievance.
(ii) Failing
resolution of the issue, further discussions shall take place as soon as
possible and in any event within two working days of such failure, between the
individual officer(s) and, at their request, the local Federation delegate or
workplace representative and the relevant Commander.
(iii) If the
dispute/grievance remains unresolved the officer(s), local delegate or
workplace representative or the relevant Commander may refer the matter to the
HR Manager, Office of the Deputy Commissioner, Specialist Operations, for
discussion. Those discussions should take place as soon as possible and in any
event within two working days of such referral.
(iv) If the dispute
is not resolved at that stage, the matter is to be referred to the Employee
Relations Unit of the NSW Police Force who will assume responsibility for
liaising with Senior Executive Members of the Service and the Federation and
advise of the final position of the Commissioner of Police, including reasons
for not implementing the remedy sought.
(v) During the
process outlined above, the status quo will be maintained.
The matter will only be referred to the Industrial
Relations Commission of New South Wales if:
(a) the final
decision of the Commissioner of Police does not resolve the dispute/grievance;
or
(b) the final
position of the Commissioner of Police is not given within five working days
from the date of referral of the matter to the Employee Relations Unit, or
other agreed time frame.
At no stage during a dispute that specifically relates
to this award may any stoppage of work occur or any form of ban or limitation
be imposed.
Safety Issues - Procedures - In cases where a dispute is
premised on an issue of safety, consultation between the Federation and the
Industrial Relations Directorate should be expedited. The status quo shall
remain until such matter is resolved.
General - The whole concept of a dispute settlement
procedure is to resolve disputation at the level as close as possible to the
source of disputation.
This procedure has been adopted to promote full and
open consultation at each step of the process in an effort to promote and
preserve harmonious industrial relations.
Throughout each stage, parties involved should ensure
that the relevant facts are clearly identified and documented and that the
procedures are followed promptly.
9. Redundancy
The provisions of Premier’s Memorandum 2011/11, as
amended from time to time, shall apply.
10. Area, Incidence
and Duration
10.1 This award
rescinds and replaces the Crown Employees (Police Medical Officers - Clinical
Forensic Medicine) (State) Award published 18 November 2011 (371 I.G. 1008), as
varied on 14 March 2012 pursuant to the Award Review process under section 19
of the Industrial Relations Act 1996.
10.2 This award shall
continue to apply to officers employed within the Clinical Forensic Medicine
section of the NSW Police as at 5 August 1996 or to persons who are subsequently
employed within the Clinical Forensic Medicine Section. Except where
inconsistent with this award, the provisions of any other existing
determinations or awards will continue to apply.
10.3 This Award will
take effect from 1 July 2012. The Award will remain in force for the period to
30 June 2013 or until varied or rescinded in accordance with the provisions of Industrial
Relations Act 1996.
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
From the First Full
Pay Period on or
|
|
after 01/07/2012
|
|
$
|
Police (Forensic) Medical Officer, Grade 1 -
|
|
4 years, less than 5 years post-graduate experience
|
109,903
|
5 years, less than 6 years post-graduate experience
|
115,584
|
Police (Forensic) Medical Officer, Grade 2 -
|
|
1st year
|
126,959
|
2nd year
|
132,638
|
3rd year and thereafter
|
138,326
|
Police (Forensic) Medical Officer, Grade 3 -
|
|
1st year
|
149,696
|
2nd year
|
157,271
|
3rd year and thereafter
|
164,854
|
Head, Clinical (Forensic) Medicine Section -
|
|
1st year
|
176,220
|
2nd year
|
180,012
|
E.
A. R. BISHOP, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.