Crown Employees (NSW Police Force Police Band)
Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00006990)
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
5. Anti-Discrimination
6. Progression
7. Future
Adjustments
8. Higher
Duties Allowance
9. Doubling
Allowance
10. Hours
11. Meals
12. Lactation
Breaks
13. Shift Work
Allowance
14. Flexible
Rosters
15. Overtime
16. Recall to
Duty
17. Penalty Provisions
Not Cumulative
18. Travelling
Time
19. Travelling
Allowance
20. Travelling
to Distant Work
21. Leave
22. Leave for
Matters Arising from Domestic Violence
23. Additional
Annual Leave
24. Public
Holidays
25. Introduction
of New Technology
26. Introduction
of Change
27. Disputes/Grievance
Settlement Procedure
28. Police
Band Consultative Committee
29. Public
Interest
30. Disciplinary
Guidelines
31. Deduction
of Association Membership Fees
32. Secure
Employment
33. Area,
Incidence and Duration
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
PART A
1. Title
This award shall be known as the Crown Employees (NSW Police Force Police Band) Award.
2. Definitions
(a) "Officer"
means and includes all persons employed as Musicians within the Police Band by
the NSW Police Force who, as at 28 July 1997, were occupying one of such
positions or who, after that date, are appointed to such a position.
(b) "Commissioner"
means the Commissioner of Police in New South Wales or any person acting in
such position from time to time.
(c) "Service"
means continuous service. Future
appointees shall be deemed to have the years of service indicated by the rates
of pay at which they are appointed.
(d) "Promotional
position" means the positions of Senior Musician (Police Band).
(e) "the
Police Band" when used in the appropriate context may refer to all
positions within the Police Band including promotional positions.
(f) "Association"
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
(g) "Award"
means the Crown Employees (NSW Police
Force Police Band) Award.
(h) “Domestic
Violence” means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.
3. Salaries
An officer shall, according to the position held and
years of service, be paid an annual salary of not less than the amounts as set
out in Table 1 - Salaries, of Part B, Monetary Rates.
4. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
4.1 The entitlement
to salary package in accordance with this clause is available to all officers
covered by this award.
4.2 For the purpose
of this clause:
(i) "salary"
means the salary or rate of pay prescribed for the officer’s classification by
clause 3, Salaries, or Part B of this Award, and any other payment that can be
salary packaged in accordance with Australian taxation law.
(ii) "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-HELP payments, child support payments, and judgement
debtor/garnishee orders.
4.3 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:
(i) a benefit or
benefits selected from those approved by the Commissioner, and
(ii) 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.
4.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
4.5 The agreement
shall be known as a Salary Packaging Agreement.
4.6 Except in
accordance with subclause 4.7, 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.
4.7 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:
(i) paid into the
superannuation fund established under the First
State Superannuation Act 1992; or
(ii) where the
employer is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
(iii) subject to
NSW Police Force agreement, paid into another complying superannuation fund.
4.8 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.
4.9 Where the
officer makes an election to salary package and where the officer is a member of
a superannuation scheme established under the:
(i) Police Regulation (Superannuation) Act 1906;
(ii) Superannuation Act 1916;
(iii) State Authorities Superannuation Act 1987;
or
(iv) State Authorities Non-contributory
Superannuation Act 1987,
the NSW 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.
4.10 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 legislation listed in
subclause 4.9 of this clause, the NSW 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
the NSW Police Force may be in excess of superannuation guarantee requirements
after the salary packaging is implemented.
4.11 Where the
officer makes an election to salary package:
(i) 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
(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 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 which would
have applied to the officer under clause 3, Salaries, or Part B of this Award
if the Salary Packaging Agreement had not been entered into.
4.12 The NSW Police
Force may vary the range and type of benefits available from time to time
following discussion with the Association.
Such variations shall apply to any existing or future Salary Packaging
Agreement from date of such variation.
4.13 The NSW Police
Force will determine from time to time the value of the benefits provided
following discussions with the Association.
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.
5. Anti-Discrimination
5.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
5.2 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.
5.3 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.
5.4 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) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(iv) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
5.5 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.
6. Progression
Progression through the incremental range is dependent
upon completion of 12 months satisfactory conduct and service on each step of
the scale.
Provided that the first year of service shall be a
probationary period and the officer’s conduct and performance shall be subject
to review and report at 3 monthly intervals.
Promotional positions within the Police Band will be
filled by way of open competitive selection upon the occurrence of a
vacancy. The following procedure
stipulates the method by which officers will be appointed to promotional
positions and ensures that such appointments are based on merit selection
principles.
6.1 Advertisement
Action
All promotional positions will be advertised in the
Police Monthly. The advertisement will
provide the criteria by which culling and selection will be determined.
Advertisements will clearly state the requirements of
the positions and will detail essential and desirable qualifications in line
with the Position Overview (formerly known as a Statement of Duties and
Accountabilities). The content of the
advertisement will inform applicants of the skills and abilities necessary to
perform the duties of the position. The
closing date for applications will be not less than three weeks following the
date of publication.
6.2 Selection
Committee
A selection committee of identical composition to that
required for any vacant Administrative Officer position in the NSW Police Force
will be established and will assume responsibility for assessing the
comparative merit of each applicant and recommending the candidate with the
greatest merit.
Merit is decided by reference to the abilities,
qualifications, experience, standard of performance and personal qualities of
an applicant relative to the position.
6.3 Convenor
A convenor of the selection committee will be
nominated. The role of the convenor will include ensuring that no member of the
committee has any bias toward any of the applicants, and that the selection
process does not involve any unfair questioning or assessment of applicants.
The convenor will also undertake the administrative
work associated with the selection process.
6.4 Culling of
Applications
A cull will be conducted by the Committee based on the
content of the advertisement and the Position Overview.
The purpose of the cull is to exclude applicants who on
the basis of the application do not demonstrate that they satisfy the essential
requirements of the advertisement or who show evidence that their
qualifications and experience are not as competitive as other applicants.
6.5 Notice of Interview
Applicants will be given at least 3 clear working days
notice of interview. Interviews should
be held within 10 working days of the closing date of applications.
6.6 Attendance at
Interview
Where an officer is rostered for work at the time of
interview they shall be granted special leave without loss of pay to
attend. Provided however that where an
officer is rostered off duty at the time of the interview then attendance at
interview shall be without pay. Every effort
shall be made to roster officers on duty to facilitate their attendance at
interview.
6.7 Selection
Committee Report
The Selection Committee will be required to produce a
written report on the selection process specifically detailing reasons for
selection and non-selection.
6.8 Approving
Officer
The Assistant Commissioner, Human Resources shall under
delegation from the Commissioner be the Approving Officer. Notification of
successful applicants to promotional positions shall be published at the
earliest possible opportunity in the Police Monthly.
6.9 Services Check
A check of the conduct and services of the recommended
officer will be made with their supervising officer.
7. Future Adjustments
Should there be a variation to the Crown Employees (Public Sector - Salaries 2016) Award, or an award
replacing it during the term of this award by way of salary increase, this
award shall be varied to give effect to any such salary increase, from the
operative date of the variation of the former award or replacement award.
8. Higher Duties
Allowance
Officers who provide relief in positions which attract
a higher rate of pay will receive payment of an allowance in compensation for
the period of relief provided, subject to the following conditions:
8.1 the relieving
officer performs all of the duties and assumes all of the responsibilities of
the higher position.
8.2 the period of
relief is not less than 5 consecutive working days in duration.
8.3 where an
officer performing higher duties is required to work overtime, payment will be
made at the higher rate.
8.4 the supervising
officer will be responsible for substantiating that payment of the allowance is
justified.
8.5 there shall be
no payment of higher duties allowances arising from the operation of the 38
hour week.
9. Doubling Allowance
9.1 Officers
required to "double" on any musical instrument shall be paid an
allowance per annum as set out in Item 1 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
From 1 July 2008, the allowance shall be adjusted in accordance with the
percentage increase applying to salary rates.
9.2 The doubling
allowance shall be disregarded in computing the 10% loading prescribed in Table
1 - Salaries, of Part B, Monetary Rates, and payments for overtime worked.
10. Hours
(a) General
10.1 Except as
provided in clause 14, Flexible Rosters of this award, the ordinary hours of
duty for officers shall be an average of 38 per week or 76 per fortnight and
shall be worked from Sunday to Saturday inclusive.
The hourly rate for officers shall be calculated on the
basis of 1/38th.
10.2 Ordinary hours
shall not exceed 8 per day and shall be worked continuously from starting time
except as provided in clause 11, Meals of this award. Officers shall not be
rostered to work broken shifts except in the public interest or on reasonable
request by the Commander, NSW Police Force Band.
10.3 Rostered shifts
of 8 hours may be arranged on the basis of 5 rostered shifts and 2 rest days in
any period of a week or 10 rostered shifts and 4 rest days in any period of 2
weeks. An officer's roster shall be
arranged, as far as practicable, to allow 1 rest day on each alternate Sunday
with 2 rest days comprising 1 weekend in 4.
10.4 The parties
agree that changes may be made in a roster in emergent circumstances with
reasonable notice and in any event with notice of at least 24 hours.
(b) 38 Hour Week
Operation
10.5 The hours of
duty shall be an average of 38 per week on the basis of accruing 1 day off per
20 day cycle to be taken as a block of days except where a rostered day off may
be taken at the discretion of the Commissioner of Police.
10.6 The maximum
accrual of days off shall be 12 working days per annum on the basis of no
accrual of the 13th day during the first 4 weeks of annual leave. In order to meet NSW Police Force
requirements and in the event of unforeseen circumstances arising, the day off
may be deferred and taken at a suitable later time.
10.7 All paid
ordinary working time and paid leave of absence goes towards the accrual of
time for the rostered day off. However, where extended long service, sick leave
or workers' compensation paid absences occur accrual only applies to the extent
necessary to enable the rostered day off immediately following resumption to be
allowed.
10.8 There will be
mutual co-operation at all levels to ensure that the efficiency of the Band is
maintained at the pre-existing standards without additional overtime being
worked.
10.9 There shall be
no payment of higher duties allowances arising from the rostered day off. There
shall be no eligibility for sick leave when on rostered leave arising from the
38 hour week.
10.10 Wages and salaries
will be paid into banking or other accounts.
10.11 All restrictive
work practices are to be eliminated.
11. Meals
11.1 An officer shall
be allowed an unbroken period of not less than 30 minutes in the aggregate each
shift for meals. Such time shall not be
counted as time worked.
11.2 An officer shall
not normally be required to work for more than 5 hours without a meal break.
11.3 An officer who
actually incurs expense in purchasing a meal and has worked more than one half
hour beyond the completion of a rostered shift shall be entitled to be
compensated at the rates for the payment of meal allowances prescribed from
time to time by the NSW Police Force.
Provided that where actual expenditure exceeds the rates prescribed an
officer shall be entitled to a refund of amounts actually and reasonably
incurred upon production of receipts.
12. Lactation Breaks
12.1 This clause
applies to officers who are lactating mothers. A lactation break is provided
for breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this award.
12.2 A full time
officer or a part time officer working more than 4 hours per day is entitled to
a maximum of two paid lactation breaks of up to 30 minutes each per day.
12.3 A part time
officer working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
12.4 A flexible
approach to lactation breaks can be taken by mutual agreement between a officer
and their manager provided the total lactation break time entitlement is not
exceeded. When giving consideration to any such requests for flexibility, a
manager needs to balance the operational requirements of the organisation with
the lactating needs of the officer.
12.5 The Commissioner
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
12.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable to provide these facilities,
discussions between the manager and officer will take place to attempt to
identify reasonable alternative arrangements for the officer’s lactation needs.
12.7 Officers
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
12.8 Officers needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise sick leave in accordance with clause 3 Sick Leave of Uniform Leave
Conditions for Ministerial Employees in Government Departments and Equivalent
Employees in Corporate Bodies, or access to flexible working hours provided in
clauses 10, Hours and 14, Flexible Rosters of this award, where applicable.
13. Shift Work
Allowance
13.1 An officer who
works the full shift of not less than 8 hours shall be paid, in addition for
each shift actually worked, a shift allowance as set out in Item 2 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
13.2 It is agreed
that shift allowances shall be subject to variation only to the extent of any
variation in the same rate prescribed by the Crown Employees (Police Officers - 2014) Award from time to time.
14. Flexible Rosters
14.1 Notwithstanding clause 10,
Hours of this award the parties agree that where the majority of officers agree
and the Commander, NSW Police Force Band agrees, a trial of a flexible roster
system may be implemented. Such a trial
shall be for a period of up to 6 months in the first instance, following which
the parties may agree to the adoption of the flexible roster as an ongoing
arrangement.
14.2 The conditions of any such
trial shall be in accordance with the Parameters for Flexible Rostering,
Administrative Officers and Ministerial Employees, Etc., and the Guidelines for
the Taking and Recording of Leave, Etc., Administrative Officers and
Ministerial Employees, Etc.
15. Overtime
15.1 Subject to
subclause 16.2 of clause 16, Recall to Duty, the NSW Police Force may require
an officer to work reasonable overtime at overtime rates.
15.2 An officer may
refuse to work overtime in circumstances where the working of such overtime
would result in the officer working hours which are unreasonable. What is unreasonable or otherwise will be
determined having regard to:
(i) any risk to
officer health and safety;
(ii) the officer’s
personal circumstances including any family responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the Commander, NSW Police Force Band of the overtime and by the
officer of his or her intention to refuse it; and
(v) any other
relevant matter.
15.3 All time worked
outside the ordinary hours of work prescribed by clause 10, Hours of this
award, shall be paid at the rate of time and one half for the first two hours
and double time thereafter, such double time to continue until the completion
of the overtime work. Provided that an
officer who works overtime on a public holiday as prescribed in clause 24,
Public Holidays, shall be paid for such time at the rate of double time for the
first two hours and double time and one half thereafter. Except as provided in
this subclause, in computing overtime, each days work shall stand-alone.
15.4 Overtime shall
be calculated to the nearest quarter hour provided that periods of less than a
quarter hour shall not be counted.
15.5 Overtime shall
be calculated on an hourly rate of pay of the annual salary. In this regard the 10% loading is not part of
annual salary and shall not be taken into account when calculating payment of
overtime.
15.6 Time spent
travelling shall not be calculated as overtime.
15.7 Approval to work
overtime shall be obtained from the Commander, NSW Police Force Band.
15.8 Where two or
more periods of overtime are worked on one day, then only the time actually
worked shall count for the determination of the commencement of the payment of
double time.
15.9 An officer may
elect, subject to the convenience of the employer, to take time off in lieu of
the payment of overtime.
16. Recall to Duty
16.1 "Recall to
duty" is the interference with the period of time off work between the
arrival of an officer at home after the conclusion of one shift and the
commencement of the next rostered shift caused by the necessity for an officer
to perform duty.
A recall to duty commences when the officer commences
duty (excluding travel from home) and terminates when the duty is completed
(excluding travel to home) or the commencement of the next rostered shift
whichever is the sooner.
16.2 An officer
recalled to duty shall be paid, subject to subclause 15.8 of clause 15,
Overtime of this award, for the time worked on such recall to duty between
normal rostered shifts a minimum of 3 hours at the overtime rate specified in
subclause 15.3 for each time so recalled, except where such duty is continuous
with the commencement of the next rostered shift.
16.3 An officer
recalled to duty within 3 hours of the commencement of the next rostered shift
shall be paid at the appropriate overtime rate from the time of recall to the
time of the commencement of such shift.
16.4 The minimum
period for the payment of overtime worked specified in subclause 15.4 shall not
apply to entitlements under this clause.
16.5 An officer who
performs the duty for which recalled within the minimum period of 3 hours shall
not be required to undertake any additional duty for the remainder of the 3
hour period.
16.6 An officer
recalled to duty whose period of duty and travel to and from the place where
the duty is performed exceeds 3 hours shall, in addition to payment for the
recall to duty, be compensated at the rate specified hereafter for travelling
time in clause 18, for any period of travel exceeding 2 hours.
16.7 An officer
recalled to duty during any period of annual or long service leave may elect to
be re credited with a full day's leave for each day or part thereof involved in
the recall to duty or to be paid a minimum of 8 hours at the rate of time and
one half for each such day or part thereof.
16.8 Time worked in
excess of 8 hours on any recall to duty during annual or long service leave
shall be compensated at the rate of double time.
16.9 Travelling time
incurred in any recall to duty from annual or long service leave which exceed
the minimum 8 hours granted under subclause 16.7 of this clause shall be
compensated at the rate of ordinary time.
16.10 An officer
recalled to duty on a public holiday shall be paid in accordance with subclause
17.2 of this clause.
17. Penalty Provisions
Not Cumulative
Where two or more penalty and/or overtime provisions
could apply in a particular situation, NSW Police Force shall pay only one of
such provisions. Where the provisions
are not identical, the higher or highest, as the case may be, shall apply.
18. Travelling Time
18.1 Travelling time
shall be compensated by the payment of ordinary time rates on an hour for hour
basis up to a maximum of 8 hours in any period of 24 hours.
18.2 Travelling time
shall mean a period spent in the movement of an officer from one locality to
another where the primary objective of the journey is the movement of that
officer to the latter locality and no specific task other than travelling is
directed in advance to be performed by such officer during that period.
Provided that travelling time will
not apply in respect of:
(i) Any period of
travel during the rostered shift of an officer or any period during which
overtime accrues.
(ii) Any period of
travel between the home of an officer and place of attachment - provided
further that when an officer is directed to perform duty at a location other
than at the normal place of attachment, the travelling time to and from that
locality which exceeds that taken in travelling between home and the place of
attachment shall be compensated in terms of subclause 18.1 of this clause.
(iii) Any period
when an officer is travelling by train between the hours of 11 pm and 8 am when
sleeping accommodation is provided.
(iv) Any period of
travel by an officer recalled to duty in terms of subclause 16.1 of clause 16,
Recall to Duty of this award. Provided
that any officer so recalled to duty who resides at such a distance from the
place to which recalled that the officer cannot reasonably travel from the
place of residence, perform the duty for which recalled and return to the place
of residence within the minimum of 3 hours shall be paid at ordinary time rates
for all time spent travelling in connection with such recall in excess of 2
hours.
(v) Any period
between arrival of an officer at the destination or a place en route to the
destination where accommodation is provided and departure from the destination
or the place en route for the purpose of travelling to the destination or
returning to the place of residence or the normal place of attachment.
Provided further that on the day of arrival of an
officer at the destination and on the day of departure from the destination for
the journey to the place of residence or normal place of attachment the officer
will be compensated in terms of subclause 18.1 of this clause for one third of
the period:
(1) Between the
time of arrival and commencement of duty or rostered shift;
(2) Between the
time of completion of duty or rostered shift and time of departure.
(vi) For the purpose
of this subclause, any period between the hours of 6 pm and 8 am during which
an officer is provided with accommodation at the destination will be
disregarded.
19. Travelling
Allowance
Travelling allowance provisions shall be the same as
those applying to non-commissioned police officers from time to time.
20. Travelling to
Distant Work
20.1 Where an officer
performs duty at a place other than the normal place of attachment, the time
taken travelling to and from such place in excess of normal travelling time
between home and the place of attachment shall be compensated by payment at the
rate of ordinary time.
20.2 An officer so
employed shall be entitled to recover from the employer the cost of any fares
in excess of those normally incurred in travelling between home and the place
of attachment.
21. Leave
21.1 The Uniform Leave Conditions
for Ministerial Employees shall apply provided that full time officers shall be
entitled to 6 weeks (228 hours) recreation leave per annum.
21.2 As a general principal
recreation leave including additional leave (if applicable) will be applied for
in advance and be taken in periods of a full week only. Whilst this general principle will apply,
officers may in emergency circumstances apply in advance for leave of a lesser
period than a week. Such applications
may be approved at the discretion of the officer in charge.
21.3 Consistent with the Crown Employees (NSW Police Force
Administrative Officers and Temporary Employees) Award 2009, the parties
agree that a block of two weeks recreation leave shall be taken each leave year
unless insufficient paid leave is available.
21.4 The NSW Industrial Relations
Commission’s Family Provisions Case 2005 applies to officers in relation to
Carers Leave and Parental Leave.
21.5 The Enhanced Conditions
relating to Maternity, Adoption, Parental and Extended Leave from the
settlement of the Association’s 2004 Pay Case apply to officers (refer
Premier’s Department Circular No 2004 - 45).
22. Leave for Matters
Arising from Domestic Violence
22.1 The definition
of domestic violence is found in clause 2(h), of clause 2 Definitions, of this
award.
22.2 Leave for
Special Purposes and Sick Leave, provided for by the Uniform Leave Conditions
for Ministerial Employees, Leave, may be used by officers experiencing domestic
violence.
22.3 Where the leave
entitlements referred to in subclause 21.2 are exhausted, the Commissioner
shall grant up to five days Special Leave, per calendar year, to be used for absences
from the workplace to attend to matters arising from domestic violence
situations.
22.4 The Commissioner
will need to be satisfied, on reasonable grounds, that domestic violence has
occurred and may require proof presented in the form of an agreed document
issued by the Police Force, a Court, a Doctor, a Domestic Violence Support
Service or Lawyer.
22.5 Personal
Information concerning domestic violence will be kept confidential by the NSW
Police Force.
22.6 An application
for leave for matters arising from domestic violence under this clause will
trigger the NSW Police Force response to domestic and family violence with
respect to the immediate and long term protection of victims, including
specific police obligations for the investigation and management of such
matters. Such actions are in line with obligations under the Crimes (Domestic and Personal Violence) Act
2007.
22.7 The
Commissioner, where appropriate, may facilitate flexible working arrangements
subject to operational requirements, including changes to working times and
changes to work location, telephone number and email address.
23. Additional Annual
Leave
23.1 Officers
shall be entitled to additional annual leave on the following basis:
Number of ordinary
shifts worked on Sundays and/or
|
Additional Leave
|
Public Holidays
during a qualifying period
|
|
4 - 10
|
1 additional working day
|
11 - 17
|
2 additional working days
|
18 - 24
|
3 additional working days
|
25 - 31
|
4 additional working days
|
32 or more
|
5 additional working days
|
23.2 A
qualifying period shall mean the period commencing 12 months from 1 December
each year.
24. Public Holidays
24.1 An officer
required to work on the days on which New Year's Day, Anniversary Day, Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour
Day, Christmas Day and Boxing Day are observed and special days appointed by
proclamation as public holidays throughout the State, shall be paid at the rate
of time and one half (i.e., half time in addition to the ordinary rate).
24.2 An officer
rostered to take a public holiday as a rest day who is subsequently required to
work a shift on that public holiday and who is not notified of such change of
rostered duty at least 24 hours before the commencement of the altered shift,
shall be paid for the performance of duty on that shift in lieu of being
granted an alternate rest day at the overtime rate specified in subclause 15.1
of clause 15, Overtime.
24.3 For the purposes of this clause the
ordinary rate excludes the 10% loading as defined in Table 1 - Salaries, of
Part B, Monetary Rates.
25. Introduction of
New Technology
The parties agree to co-operate fully in the
implementation and/or trialling of new technology which may become available to
assist in the provision of band services.
26. Introduction of
Change
The parties agree to co-operate fully through the
Police Band Consultative Committee in the implementation and/or trialling of
change in respect of the employment or organisation of the Police Band with the
objective of ensuring the most efficient, effective and productive use of
resources.
27. Disputes/Grievance
Settlement Procedure
The resolution of or settlement of disputes and/or
individual grievances of officers arising throughout the life of this agreement
shall be dealt with in the manner prescribed hereunder:
27.1 Where a
dispute/grievance arises at a particular work location, 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.
27.2 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 supervising officer
the notification may occur to the next appropriate level of management,
including where required, to the Commissioner or delegate.
27.3 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 delegate or workplace representative
and the Commander, NSW Police Force Band or nominee.
27.4 If the
dispute/grievance remains unresolved the employee/s, local delegate or
workplace representative or Commander, NSW Police Force Band may refer the
matter to the Director, Public Affairs for discussion between the Director or
delegate and the Association. Those discussions should take place as soon as
possible and in any event within two working days of such referral.
27.5 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 members of the Senior Executive Service of the NSW Police Force
and the Association and advise of the final position of the Commissioner of
Police, including reasons for not implementing the remedy sought if such is the
case.
27.6 The matter will only be referred to the Industrial Relations
Commission of NSW if:
(i) The final
decision of the Commissioner of Police does not resolve the dispute/grievance;
or
(ii) 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.
27.7 At no stage during a dispute that specifically
relates to any industrial agreement in force may any stoppage of work occur or
any form of ban or limitation be imposed.
27.8 In cases where a dispute is premised on an
issue of safety, consultation between the Association and the Employee Relations
Unit should be expedited. The status quo
shall remain until such matter is resolved.
27.9 The whole concept of a dispute settlement
procedure is to resolve disputation at the level as close as possible to the
source of disputation.
27.10 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.
27.11 Throughout each stage parties involved should
ensure that the relevant facts are clearly identified and documented. Parties should also be committed to following
the procedure with as much timeliness as possible.
28. NSW Police Force
Police Band Consultative Committee
28.1 It is intended for the purpose
of this agreement to establish a forum within which matters concerning the
formation of policy and procedures may be addressed.
28.2 The parties agree that members
of the Committee should include 3 representatives from the NSW Police Force
(one being the Commander, NSW Police Force Band or nominee, the second being a
further nominee of the Commander, NSW Police Force Band, and the third being a
nominee of the Director, Public Affairs Branch); a representative of the
Association and 2 delegates.
28.3 This Committee shall meet on a
needs basis within one week at the request of either party, or other agreed
time frame.
29. Public Interest
29.1 The parties agree that any
provision of this Award may be suspended by the Commissioner of Police where
emergency circumstances or the public interest require that they be varied
temporarily.
29.2 The Commissioner of Police
reserves the right to apply to vary, after first consulting with the
Association, any of the provisions of the Award which the Commissioner
considers are no longer appropriate when regard is had to similar provisions
then applying to non commissioned police officers.
30. Disciplinary
Guidelines
A similar and consistent approach to that outlined in
the NSW Police Force Administrative Officer Discipline Policy Guidelines and
Procedures, and the NSW Police Force Administrative Officer Remedial
Performance Program Guidelines, will be applied to officers employed by the NSW
Police Force.
31. Deduction of
Association Membership Fees
31.1 The Association
shall provide the NSW Police Force with a schedule setting out Association
fortnightly membership fees payable by members of the Association in accordance
with the Association’s rules.
31.2 The Association
shall advise the NSW Police Force of any change to the amount of fortnightly
membership fees made under its rules. Any variation to the schedule of
Association fortnightly membership fees payable shall be provided to the NSW
Police Force at least one month in advance of the variation taking effect.
31.3 Subject to
subclauses 31.1 and 31.2 of this clause, the NSW Police Force shall deduct
Association fortnightly membership fees from the pay of any officer who is a
member of the Association in accordance with the Association’s rules, provided
that the officer has authorised the NSW Police Force to make such deductions.
31.4 Monies so
deducted from the officer’s pay shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to officer’s Association membership accounts.
31.5 Unless other
arrangements are agreed to by the NSW Police Force and the Association, all
Association membership fees shall be deducted on a fortnightly basis.
31.6 Where an officer
has already authorised the deduction of Association membership fees from his or
her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the officer to make a fresh authorisation in order for such
deductions to continue.
32. Secure Employment
32.1 Work Health and
Safety
(i) For the
purpose of this subclause, the following definitions shall apply:
(1) A ‘labour hire
business’ is a business (whether an organisation, business enterprise, company,
partnership, co-operative, sole trader, family trust or unit trust, corporation
and/or person) which has as its business function, or one of its business
functions, to supply staff employed or engaged by it to another employer for
the purpose of such staff performing work or services for that other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and /or person) which is contracted by another employer to provide
a specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace
health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
work health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause 32.1 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
32.2 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
32.3 This clause has
no application in respect of organisations which are properly registered as Group Organisations under the Apprenticeship
and Traineeship Act 2001 (or equivalent interstate legislation) and are
deemed by the relevant State Training Authority to comply with the national
standards for Group Training Organisations established by the ANTA Ministerial
Council.
33. Area, Incidence
and Duration
33.1 This award shall
apply to the Police Band who were employed by NSW Police Force as at 28 July
1997 or who are subsequently employed. Except where inconsistent with this
award, the provisions of any other existing Determination or Award will
continue to apply.
33.2 The changes made
to the award pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles
for Review of Awards made by the Industrial Relations Commission of New South
Wales on 28 April 1999 (310 I.G. 359) take effect on and from 2 August 2016.
33.3 Changes made to
this award subsequent to the Crown
Employees (NSW Police Force Special Constables) (Police Band) Award being
published on 31 August 2012 (374 I.G. 452) have been incorporated into this
award as part of the review.
33.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
Effective from the first full pay period to commence on
or after 1 July 2016.
In addition to the salaries prescribed in Column 1,
officers shall be paid a loading in accordance with Column 2 for work performed
on weekends and other incidents of employment not otherwise provided for
elsewhere in this award.
(a) Musicians
(Police Band)
Musicians (Police
Band)
|
$ per annum
|
$ per annum
|
$ per annum
|
|
|
|
|
|
Column 1 Base
|
Column 2 Loading
|
Column 3 Total
|
|
|
(10%)
|
|
1st year of service
|
57,656
|
5,766
|
63,422
|
2nd year of service
|
58,684
|
5,868
|
64,552
|
3rd year of service
|
59,695
|
5,970
|
65,665
|
4th year of service
|
60,785
|
6,079
|
66,864
|
5th year of service
|
63,649
|
6,365
|
70,014
|
6th year of service and thereafter
|
64,754
|
6,475
|
71,229
|
(b) Senior Musicians
(Police Band)
Senior Musicians
(Police Band)
|
$ per annum
|
$ per annum
|
$per annum
|
|
Column 1 Base
|
Column 2 Loading
|
Column 3 Total
|
|
|
(10%)
|
|
|
|
|
|
1st year of service and thereafter
|
67,190
|
6,719
|
73,909
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Subject Matter
|
Amount $
|
|
|
|
Effective from the
first full pay period
|
|
|
|
on or after
1.7.2016
|
1
|
9
|
Doubling Allowance
|
1069 per annum
|
2
|
13
|
Shift Work Allowance -
|
Effective from the
first full pay period
|
|
|
|
on or after
1.7.2016
|
|
Shift
|
Shift Commencing Time
|
|
|
A
|
At or after 1 pm and before 4 pm
|
40.38
|
|
B
|
At or after 4pm and before 4am
|
47.10
|
|
C
|
At or after 10am and before 1pm
|
26.92
|
|
C
|
At or after 4am and before 6am
|
26.92
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.