Crown Employees (NSW Police Force Special
Constables) (Security) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00007047)
|
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Wages
4. Wages
Packaging Arrangements, Including Wages Sacrifice to Superannuation
5. Anti-Discrimination
6. Progression
7. Future
Adjustments
8. Mixed
Functions
9. Hours
10. Shift Work
Allowance
11. Saturday
and Sunday Work During Ordinary Hours
12. Flexible
Rosters
13. Lactation
Breaks
14. Night
Shifts
15. Commencing
Times
16. Overtime
17. Part Time
Employment
18. Casual
Employment
19. Shift
Allowances - Part Time and Casual Officers
20. Volunteer
Duty
21. Leave
22. Leave for
Matters Arising from Domestic Violence
23. Public
Holidays
24. Training
and Development
25. Introduction
of New Technology
26. Introduction
of Change
27. Disputes/Grievance
Settlement Procedure
28. Special
Constable (Security) Consultative Committee
29. Uniforms
30. Disciplinary
Guidelines
321. Deduction of
Union Membership Fees
32. Secure
Employment
33. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART A
1. Title
This award shall be known as the Crown Employees (NSW Police Force Special Constables) (Security) Award.
2. Definitions
(a) "Officer"
means and includes all persons employed as Special Constables (Security) by the
NSW Police Force who, as at 30 July 1997, were occupying one of such positions
or who, after that date, were 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 Special Constable (Security).
(e) "Special
Constable (Security)" when used in the appropriate context may refer to
all positions of Special Constables (Security) including promotional positions.
(f) "Part
Time Special Constable (Security)" means an officer employed under the
provisions of clause 17, Part-time Employment, of this award.
(g) "Casual
Special Constable (Security)" means an officer employed under the
provisions of clause 18, Casual Employment, of this award.
(h) "Association"
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
(i) "Award"
means the Crown Employees (NSW Police
Force Special Constables) (Security) Award.
(j) Domestic
Violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.
3. Wages
An officer shall, according to the position held and
years of service, be paid a weekly wage of not less than the amounts as set out
in Table 1 - Wages, of Part B, Monetary Rates.
4. Wage Packaging
Arrangements, Including Wages Sacrifice to Superannuation
4.1 The entitlement
to wage package in accordance with this clause is available to:
(a) full-time and
part-time officers; and
(b) casual
officers, subject to New South Wales Police Force convenience, and limited to
wage sacrifice to superannuation in accordance with subclause 4.7.
4.2 For the
purposes of this clause:
(a) "wage"
means the rate of pay prescribed for the officer’s classification by clause 3,
Wages, of this Award, and any other payment that can be salary packaged in
accordance with Australian taxation law.
(b) "post
compulsory deduction wage" means the amount of wage 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 wage 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 wage, 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
wage 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 Wage Packaging Agreement.
4.6 Except in
accordance with subclause 4.7, a Wage 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 Wage Packaging
Agreement.
4.7 Where an
officer makes an election to sacrifice a part or all of their post compulsory
deduction wage 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.
4.8 Where the
officer makes an election to wage 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 wage 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,
the New South Wales Police Force must ensure that the
officer’s superable wage for the purposes of the above Acts, as notified to the
SAS Trustee Corporation, is calculated as if the Wage Packaging Agreement had not
been entered into.
4.10 Where the
officer makes an election to wage package, and where the officer is a member of
a superannuation fund other than a fund established under legislation listed in
subclause 5.9 of this clause, the New South Wales Police Force must continue to
base contributions to that fund on the wage payable as if the Wage Packaging
Agreement had not been entered into. This clause applies even though the
superannuation contributions made by the New South Wales Police Force may be in
excess of superannuation guarantee requirements after the wage packaging is
implemented.
4.11 Where the
officer makes an election to wage package:
(a) subject to
Australian Taxation law, the amount of wage 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, Wages, or Part B of
this Award if the Wage Packaging Agreement had not been entered into.
4.12 The New South
Wales 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 Wage Packaging Agreement from date of such variation.
4.13 The New South
Wales Police Force will determine from time to time the value of the benefits
provided following discussion with the Association. Such variations shall apply to any existing
or future Wage Packaging Agreement from the date of such variation. In this
circumstance, the officer may elect to terminate the Wage 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:
(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.
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 for Special
Constables (Security) shall be a probationary period and the officer's conduct
and performance shall be subject to review and report at 3 monthly intervals.
The positions of Senior Special Constable (Security)
are promotional positions, which will be filled by way of open competitive
selection upon the occurrence of a vacancy. The following procedure stipulates
the method by which Special Constables (Security) 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 on
iworkfor.nsw.gov.au. 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
The parties recognise that the wages prescribed in
Table 1 - Wages, of Part B, Monetary Rates, establish a wages structure for
Special Constables (Security). Should
there be a variation to the Crown
Employees (Public Sector - Salaries 2016) Award, or any 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. Mixed Functions
8.1 Where a Special Constable (Security) is
directed to and performs the duties of a promotional position which attracts a
higher rate of pay for at least two hours on any day or shift they shall be
paid the higher rate for such day or shift; provided that where an officer is
engaged in the performance of higher duties for less than two hours on any one
day or shift, payment shall be at the higher rate for the time so worked. The
higher rate applicable shall be that which applies at the first year rate of
pay for such promotional positions.
8.2 Any officer who is required to perform
work temporarily for which a lower rate is paid, shall not suffer any reduction
in wages whilst so employed. There shall be no payment of higher duties
allowances arising from the operation of the 38 hour week.
9. Hours
(a) General
9.1 Except as
provided in clause 17, Part Time Employment, and clause 18, Casual Employment
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.
9.2 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
9.3 The 38 hour
week is to be worked on the basis of a rostered day off per month in each 20
working days. This means that the
officer accrues 0.4 of an hour each 8 hour shift towards having the 20th day
off with pay.
9.4 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. Where there are seasonal or other
considerations affecting NSW Police Force activities, rostered days off may be
accrued in order to be taken in some normally less active period related to
those considerations.
9.5 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 leave, 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.
9.6 Starting and
finishing times are to be strictly observed with no afternoon tea break.
9.7 Wages and
salaries will be paid into banking or other accounts.
9.8 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.
9.9 Where loadings
are included as part of salary in respect of hours of work no increase in the
quantum or percentage of the loading shall occur as a result of the reduction
in working hours.
9.10 All restrictive
work practices are to be eliminated.
10. Shift Work
Allowance
Except as provided for under clause 19, Shift
Allowances - Part Time and Casual Officers of this award, full time Special
Constables (Security) who are required from time to time to work their ordinary
hours of employment from 3.00 pm to 7.00 am Monday to Friday, shall be paid an
allowance per week in addition to their ordinary rate of pay in accordance with
the rates set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates. Provided that where an officer is absent on Sick Leave for a
Monday to Friday shift, the above allowance shall be reduced by 1/5th for each
shift or part of a shift so absent. Except as provided above and in clause 16,
Overtime of this award, such additional sum shall be part of the ordinary rate
of pay for all purposes of the employment.
11. Saturday and
Sunday Work During Ordinary Hours
Except as provided for under clause 19 Shift Allowances
- Part Time and Casual Officers of this award, full time Special Constables
(Security) who are required from time to time to work their ordinary hours of
employment on both Saturday and Sunday shall be paid an allowance per week as
set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, which shall be in addition to their ordinary rate of pay in accordance
with the rates contained in this clause. Provided that where an officer is
absent on Sick Leave for a Saturday or Sunday shift, the above allowance shall
be reduced by one half for each shift or part of a shift so absent. Except as provided above and in clause 16,
Overtime of this award, such additional sum shall be part of the ordinary rate
of pay for all purposes of the employment.
12. Flexible Rosters
12.1 Notwithstanding clause 9, Hours of this
award, the parties agree that where the majority of Special Constables
(Security) in a given location or locations agree and the Commander, Security
Management Unit 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.
12.2 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.
13. Lactation Breaks
13.1 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.
13.2 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.
13.3 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.
13.4 A flexible
approach on 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.
13.5 The Commissioner
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
13.6 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.
13.7 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.
13.8 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 9, Hours and 12, Flexible Rosters of this award, where applicable.
14. Night Shifts
14. Under normal rostering practices Special
Constables (Security) shall not be rostered to work more than seven (7) night
shifts, (i.e., a full shift commencing at or after 4.00 pm and before 4.00 am),
in any period of twenty-one (21) days, except in emergent circumstances as the
roster progresses.
14.2 Where in emergent circumstances a Special
Constable (Security) is required to work more than seven (7) night shifts in
any period of twenty-one (21) days, no additional payment will follow.
15. Commencing Times
On the basis of long standing concession and practice,
whilst ever standard 8 hour shifts are worked, the commencing times of rostered
shifts will generally be 6.30 am, 2.30 pm and 10.30 pm. Provided that no
additional penalties shall apply and no overtime is to accrue unless a Special
Constable (Security) coming off shift is requested to remain past the usual
commencing times of 7.00 am, 3.00 pm and 11.00 pm, respectively. Provided
further that where the needs of the work so require, commencing times as
appropriate may be required.
16. Overtime
16.1 Subject to
subclause 16.2 of this clause, the NSW Police Force may require an officer to
work reasonable overtime at overtime rates.
16.2 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:
(a) any risk to
officer health and safety;
(b) the officer’s
personal circumstances including any family responsibilities;
(c) the needs of
the workplace or enterprise;
(d) the notice (if
any) given by the Commander, Security Management Unit of the overtime and by
the officer of his or her intention to refuse it; and
(e) any other
relevant matter.
16.3 With the
exception of work performed under the provisions of clause 20, Volunteer Duty
of this award, all work performed outside the ordinary rostered hours of duty
shall be paid as follows:
(a) For all work
performed outside the ordinary rostered hours the rate of pay shall be time and
one half for the first two hours and double time thereafter. Provided that in computing overtime each days
work shall stand alone.
(b) All overtime
worked on Sundays shall be paid for at the rate of double time.
(c) All overtime
worked on a Public Holiday shall be paid for at the rate of double time and one
half.
(d) Provided that
the allowances prescribed in clauses 10, 11 and 19 of this award shall be
disregarded in computing payments for overtime worked.
(e) Meal Allowance
- after working ordinary hours an officer required to work overtime in excess
of one hour shall be paid an amount as set out in Item 3 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates, for a meal as set out in the
said Item 3 for a subsequent meal after the officer has worked a further 4
hours overtime, unless notice of work has been given to such officer on or
before the termination of the previous shift or day worked as the case may be.
17. Part Time
Employment
17.1 The parties
agree that Special Constables (Security) may be employed on a part time basis
for a period less than 38 hours in any one week.
17.2
(a) Part time
Special Constables (Security) shall be paid an hourly rate calculated on the
following basis:
(b) Provided that
the weekly rate on engagement shall be that applying to a First Year Special
Constable (Security) as set out in Table 1 - Salaries, of Part B, Monetary
Rates.
(c) Provided
further that a part time Special Constable (Security) shall be eligible to
receive a pro rata (based on hours worked) of the appropriate increment as set
out in Table 1 - Salaries, of Part B, Monetary Rates, subject to the completion
of each 12 months of satisfactory service.
17.3 Shift times for
part time officers and the days on which such shifts shall be worked will be
set and regular.
17.4 Notwithstanding
the provisions of subclause 17.3 of this clause, the times and days on which
part time officers shall work their hours and shifts may be altered by providing
24 hours notice to facilitate the attendance of Special Constables (Security)
where required.
17.5 Where a Public
Holiday falls on a day on which a part time officer is normally rostered for
duty they may be:
(a) Rostered on
duty - and paid at the rate of time and one half (150%) in addition to the rate
prescribed in subclause 17.2 of this clause.
(b) Granted the
shift free of work - such a shift shall count as one days work for that week
but no additional compensation shall apply.
17.6 Overtime for
part time officers. In the unusual event that overtime is to be worked by a
part time officer, the overtime rates prescribed in clause 16 of this award
shall apply.
(a) Overtime shall
only apply to those hours worked in excess of the daily rostered hours but
shall only apply in any event after 8 hours has been worked on any one day. For
work on days other than the days on which the part time officer was rostered to
work their usual hours, the standard hourly rate shall apply to all hours up to
8 per day, after which time overtime rates shall apply. Overtime rates shall
also apply for all hours worked in excess of 38 in any rostered week.
(b) Provided
however that where the parties have agreed to the working of a flexible roster
system in line with clause 12 of this award then overtime shall only be payable
after the agreed standard shift hours applying to full time officers under the
flexible roster have been worked.
17.7 Entitlements for
part time officers shall be calculated on a pro rata basis.
17.8 Part time
Special Constables (Security) are remunerated on the basis of a 38 hour per
week divisor and thus will not accrue time towards the provision of a rostered
day off in every 20 working day cycle in accordance with the 38 hour week
agreement applying to full time Special Constables (Security).
18. Casual Employment
18.1 The
parties agree that Special Constables (Security) may be employed on a casual
basis.
18.2 A Casual Special
Constable (Security) shall mean an officer who is engaged and paid as such.
(a) Casual Special
Constables (Security) shall be paid for each hour worked an hourly rate equal
to one 38th of the rate applicable to a Special Constable (Security), 1st year
of service as set out in Table 1 - Salaries, of Part B, Monetary Rates, plus a
loading of 10%.
(b) A casual
officer shall in addition be paid a loading of 1/12th for all ordinary hours
worked in lieu of Annual Leave.
(c) A minimum
payment of 3 hours at the appropriate rate shall be made for each engagement.
(d) Overtime - In
the unusual event that overtime is worked by a casual officer the overtime
rates prescribed in clause 16 of this award shall apply. Such rates shall be
calculated on the rate prescribed in paragraph (a) of this subclause. Provided
that overtime shall only apply to those hours worked in excess of 8 in any one
day.
Provided however that where the parties have agreed to
the working of a flexible roster system in line with clause 12, Flexible
Rosters, of this award then overtime rates shall only be payable after the
agreed standard shift hours applying to full time officers under the flexible
roster have been worked.
(e) A casual
officer shall be paid for all hours worked and shall not with the exception of
paragraph (b) of this subclause, accrue an entitlement to any form of leave.
18.3 The employment
of existing Special Constables (Security) shall not be prejudiced by the
employment of any Casual Special Constable (Security).
18.4 The parties
agree that casuals will only be utilised in situations where a commitment to
the provision of security services is in place, but the day to day requirements
for such services can fluctuate or change at the instigation of the management
of any such place where the security is provided, and any such change is beyond
the control of the management of the Security Management Unit of the NSW Police
Force or the Special Constables (Security) themselves.
Provided that in any other situation where Special
Constables (Security) are generally not available to work required overtime,
the services of casuals may be utilised in such circumstances.
18.5 Casual officers
are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. The following provisions shall also apply in
addition to those set out in the Industrial
Relations Act 1996.
The Commissioner must not fail to re-engage a regular
casual officer (see section 53(2) of the Act) because:
(a) the officer or
officer’s spouse is pregnant; or
(b) the officer is
or has been immediately absent on parental leave.
The rights of the Commissioner in relation to
engagement and re-engagement of casual officers are not affected, other than in
accordance with this clause.
18.6 Personal Carers
entitlement for casual officers
(a) Casual
officers are entitled to not be available to attend work, or to leave work if
they need to care for a family member who is sick and requires care and
support, or who requires care due to an unexpected emergency, or the birth of a
child. This entitlement is subject to the evidentiary requirements set out in
paragraph (d) of this subclause, and the notice requirements set out in
paragraph (e) of this subclause.
(b) The
Commissioner and the casual officer shall agree on the period for which the
officer will be entitled to not be available to attend work. In the absence of
agreement, the officer is entitled to not be available to attend work for up to
48 hours (i.e. two days) per occasion. The casual officer is not entitled to
any payment for the period of non-attendance.
(c) The
Commissioner of Police must not fail to re-engage a casual officer because the
officer accessed the entitlements provided for in this clause. The rights of
the Commissioner to engage or not to engage a casual officer are otherwise not
affected.
(d) The casual
officer shall, if required,
(i) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(ii) establish by
production of documentation acceptable to the Commissioner or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the officer.
In normal circumstances, a casual officer must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
18.7 Bereavement
entitlements for casual officers
(a) Casual officers
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence.
(b) The
Commissioner and the casual officer shall agree on the period for which the
officer will be entitled to not be available to attend work. In the absence of
agreement, the officer is entitled to not be available to attend work for up to
48 hours (i.e. two days) per occasion. The casual officer is not entitled to
any payment for the period of non-attendance.
(c) The
Commissioner must not fail to re-engage a casual officer because the officer
accessed the entitlements provided for in this clause. The rights of the
Commissioner to engage or not engage a casual officer are otherwise not
affected.
19. Shift Allowances,
Part Time and Casual Officers
19.1 Part time and Casual officers engaged under
clause 17, Part Time Employment, and clause 18, Casual Employment of this
award, shall in lieu of the allowances prescribed in clauses 10 and 11 of this
award, be paid the following shift loadings for the ordinary hours so worked.
19.2 Shifts Monday to
Friday
|
10% loading
|
(i)
|
A shift commencing at or after 4.00 am and before 6.00 am;
or
|
|
|
|
|
|
|
(ii)
|
A shift commencing at or after 10.00 am and before 1.00
pm.
|
|
|
|
|
|
12½% loading
|
A shift commencing at or after 1.00 pm and before 4.00 pm.
|
|
|
|
|
15% loading
|
A shift commencing at or after 4.00 pm and before 4.00 am.
|
19.3 Weekends and
Public Holidays
Irrespective of the time a shift commences on a
Saturday, Sunday or Public Holiday, the hours worked on an ordinary shift on
such days will attract loadings as follows:
|
50% loading
|
For all time worked between midnight Friday and midnight
Saturday
|
|
|
|
|
75% loading
|
For all time worked between midnight Saturday and midnight
Sunday.
|
|
|
|
|
150% loading
|
For all time worked on a Public Holiday.
|
19.4 Shift, weekend
and public holiday loadings are not cumulative.
19.5 The above
loadings shall be disregarded in computing payments for overtime under clause
16 of this Award.
20. Volunteer Duty
20.1 The parties agree that in situations where
casual officers would otherwise be used to meet staffing requirements, full
time officers may volunteer to perform additional duty in lieu of such casual
engagements. Provided that:
20.2 Officers at or
below the rank of Special Constable (Security) First Class who are on rest days
or who are available to work extra duty at the completion of a shift or prior
to the commencement of a shift may volunteer to perform additional duty as required.
Provided that an officer shall not be eligible to
perform additional duty under the terms of this clause, where the performance
of such work would prevent them from having a full 8 hours free of duty between
their normal rostered shifts.
20.3 When an officer
performs additional duty under the provisions of this clause they shall be paid
for all hours worked on such duty at the rate of single time.
20.4 An officer
performing additional duty under the provisions of this clause shall not be
entitled to the provisions of clauses 10, 11, 16 and 23 of this award for any
work so performed.
20.5 Where full time
officers volunteer and are available to perform additional duty within the
terms of this clause the parties agree that they shall be utilised in preference
to casual officers.
20.6 The parties further agree that the provisions of this clause are
an innovative arrangement, which is implemented for the life of this award.
21. Leave
21.1 The Uniform Leave Conditions
for Ministerial Employees shall apply provided that full time officers shall be
entitled to five (5) weeks recreation leave per annum.
21.2 Part time officers engaged
under clause 17 of this award and who normally work Monday to Saturday shall
receive a pro rata of four (4) weeks recreation leave per annum based on hours
worked. Those part time officers who normally work Monday to Sunday and whose
services are normally required on public holidays shall receive a pro rata of
five (5) weeks recreation leave per annum based on hours worked. Any change to the part time arrangement will
result in a change of entitlement.
21.3 As a general principle
recreation leave 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.
21.4 Consistent with the Government Sector Employment Act 2013,
the parties agree that a block of two weeks recreation leave shall be taken
each leave year unless insufficient paid leave is available.
21.5 The NSW Industrial Relations
Commission’s Family Provisions Case 2005 applies to officers in relation to
Carers Leave and Parental Leave.
21.6 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 Premiers
Department Circular 2004 - 45).
22. Leave for Matters
Arising from Domestic Violence
22.1 The definition
of domestic violence is found in clause 2(j), 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 22.2 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. Public Holidays
Full time Special Constables (Security) shall be paid
for Public Holidays as follows:
23.1 Where a Public
Holiday occurs on an officers rest day off duty and -
(a) they are not
required to work on that day, one day extra shall be added to the annual leave
of the officer or at the officer’s election they shall be paid 8 hours ordinary
pay in respect of such day;
(b) they are
required to work on that day such officer shall be paid double time and one
half for such overtime.
23.2 Where a Public
Holiday occurs on an officers rostered day on duty they may be -
(a) required to
work - in which case they shall be paid at the rate of time and a half extra
calculated on the ordinary base rate of pay or half time extra and be granted
one day extra to be added to their annual leave;
(b) granted the
shift free of work - such a shift will count as one days work for that week but
no additional compensation shall apply.
24. Training and
Development
24.1 The parties recognise the
professional obligations of all Special Constables (Security) to ensure that
they remain abreast of changes and developments in the security field as they
relate to their duties. To this end the
NSW Police Force will provide a comprehensive training program for Special
Constables (Security) generally and for those occupying promotional positions.
24.2 All officers will be actively
encouraged to participate in other staff development courses to improve their
own development and individual competencies.
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 security services.
26. Introduction of
Change
The parties agree to co-operate fully through the
Special Constables (Security) Consultative Committee in the implementation
and/or trialling of change in respect of the employment or organisation of
Special Constables (Security) 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 award
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 Association delegate or
workplace representative and the Commander, Security Management Unit or
nominee.
27.4 If the
dispute/grievance remains unresolved the officer/s, local delegate or workplace
representative or Commander, Security Management Unit may refer the matter to
Counter Terrorism and Special Tactics Command for discussion between the
Commander 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/grievance 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.
The matter will only be referred to the Industrial
Relations Commission 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.
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.
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. Parties should
also be committed to following the procedure with as much timeliness as
possible.
28. Special Constable
(Security) Consultative Committee
28.1 It is intended for the purpose
of this award 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 a representative from the Security Management
Unit; Counter Terrorism and Special Tactics Command, a representative of the
Association and one delegate.
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. Uniforms
Suitable uniforms of good quality as approved by the
Commissioner of Police shall be provided to all Special Constables (Security)
on the following basis:
29.1 Initial Issue
Full Time Officers
All full time Special Constables (Security) recruited
to the NSW Police Force shall be issued with the following items of uniform:
|
Male Officers
|
Female Officers
|
|
|
|
|
One (1) set of Basket Weave
|
One (1) Set of Basket Weave
|
|
Leather Gear
|
Leather Gear
|
|
One (1) Leather Duty Jacket
|
One (1) Leather Duty Jacket
|
|
Two (2) Jumpers
|
Two (2) Jumpers
|
|
Four (4) Pairs of Trousers
|
One (1) Raincoat
|
|
Eight (8) Shirts
|
Four (4) Pairs of Culottes
|
|
Two (2) Ties
|
Two (2) Pairs of Slacks
|
|
Two (2) Pairs of Boots
|
Eight (8) Blouses
|
|
One (1) Wide-brimmed Hat
|
One (1) Wide-brimmed Hat
|
|
One (1) Wide-brimmed Hat
|
One (1) Wide-brimmed Hat
|
|
Cover
|
Cover
|
|
One (1) Antron Cap
|
Two (2) Pairs of Boots
|
|
One (1) Raincoat
|
One (1) Dress Hat
|
|
One (1) Cap Cover
|
One (1) Dress Hat Cover
|
|
Seven (7) Pairs of Socks
|
Two (2) Ties
|
|
|
Three (3) Pairs of Socks
|
(a) Annual Issue
All full time male Special Constables (Security) shall
be issued in their second and subsequent years of service, with seven (7) pairs
of socks. All full time female Special Constables (Security) shall be issued,
in their second and subsequent years of service, with three (3) pairs of socks.
(b) Stocking
Allowance
All full time female Special Constables (Security)
shall, in addition to the uniform issued above, be paid a stocking allowance
equal to that paid to female Police Officers under clause 64.8 of the Crown Employees (Police Officers - 2014)
Award.
29.2 Initial Issue
Part Time Officers
All part time Special Constables (Security) recruited
to the NSW Police Force shall be issued with the following items of uniform:
|
Male Officers
|
Female Officers
|
|
|
|
|
One (1) set of Basket Weave
|
One (1) Set of Basket Weave
|
|
Leather Gear
|
Leather Gear
|
|
One (1) Leather Duty Jacket
|
One (1) Leather Duty Jacket
|
|
One (1) Jumper
|
One (1) Jumper
|
|
Two (2) Pairs of Trousers
|
One (1) Raincoat
|
|
Four (4) Shirts
|
Two (2) Pairs of Culottes
|
|
Two (2) Ties
|
One (1) Pair of Slacks
|
|
Two (2) Pairs of Boots
|
Four (4) Blouses
|
|
One (1) Wide-brimmed Hat
|
One (1) Wide-brimmed Hat
|
|
One (1) Wide-brimmed Hat cover
|
One (1) Wide-brimmed Hat cover
|
|
One (1) Antron Cap
|
Two (2) Pairs of Boots
|
|
One (1) Raincoat
|
One (1) Dress Hat
|
|
One (1) Cap Cover
|
One (1) Dress Hat Cover
|
|
Five (5) Pairs of Socks
|
Two (2) Ties
|
|
|
Two (2) Pairs of Socks
|
(a) Annual Issue
All part time male Special Constables (Security) shall
be issued in their second and subsequent years of service, with five (5) pairs
of socks. All part time female Special Constables (Security) shall be issued,
in their second and subsequent years of service, with two (2) pairs of socks.
(b) Stocking
Allowance
All part time female Special Constables (Security)
shall, in addition to the uniform issued above, be paid a stocking allowance
equal to a pro rata (based on days worked) of that paid to female Police
Officers under clause 64.8 of the Crown
Employees (Police Officers - 2014) Award.
29.3 Initial Issue
Casual Officers
All casual Special Constables (Security) recruited to
the NSW Police Force shall be issued with the following items of uniform:
|
Male Officers
|
Female Officers
|
|
|
|
|
One (1) set of Basket Weave
|
One (1) Set of Basket Weave
|
|
Leather Gear
|
Leather Gear
|
|
One (1) Leather Duty Jacket
|
One (1) Leather Duty Jacket
|
|
One (1) Jumper
|
One (1) Jumper
|
|
Two (2) Pairs of Trousers
|
Two (2) Pairs of Culottes
|
|
Three (3) Shirts
|
One (1) Pair of Slacks
|
|
One (1) Tie
|
Three (3) Blouses
|
|
One (1) Pair of Boots
|
One (1) Pair of Boots
|
|
One (1) Antron Cap
|
One (1) Dress Hat
|
|
Three (3) Pairs of Socks
|
One (1) Ties
|
|
|
Two (2) Pairs of Socks
|
(a) Annual Issue
All casual male Special Constables (Security) shall be
issued in their second and subsequent years of service, with three (3) pairs of
socks. All casual female Special Constables (Security) shall be issued, in
their second and subsequent years of service, with two (2) pairs of socks.
(b) Stocking
Allowance
All casual female Special Constables (Security) shall,
in addition to the uniform issued above, be paid a stocking allowance equal to
a pro rata (based on days worked) of that paid to female Police Officers under
clause 64.8 of the Crown Employees
(Police Officers - 2014) Award.
29.4 Condemnation
Except for the annual issue of socks, all items of
uniform will be replaced on condemnation only.
29.5 Plain Clothes
Allowance
Officers who are required to work in plain clothes as a
result of the unavailability of uniforms or pregnancy, shall be paid while so
required to work an allowance equal to a pro rata (based on days/hours worked
in plain clothes) of the allowance prescribed in clause 64.10 of the Crown Employees (Police Officers - 2014)
Award.
Provided that such an allowance shall not be payable
prior to the officer receiving the initial issue of clothing provided for in
subclauses 27.1, 27.2 and 27.3 of this clause.
30. Disciplinary
Guidelines
A similar and consistent approach to that outlined in
the NSW Police Administrative Officer Discipline Policy Guidelines and
Procedures, and the NSW Police Administrative Officer Remedial Performance
Program Guidelines, will be applied to Special Constables (Security) employed
by the NSW Police Force.
31. Deduction of Union
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
(a) For the
purposes of this subclause, the following definitions shall apply:
(i) 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.
(ii) 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.
(b) 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):
(i) consult with
employees of the labour hire business and/or contract business regarding the workplace health and safety
consultative arrangements;
(ii) 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;
(iii) 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
(iv) 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.
(c) 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 Training 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 Special Constables (Security) who are employed by the NSW Police Force
as at 30 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 it being published on 31 August 2012 (374 I.G. 468)
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 - Wages
Effective from the first full pay period to commence on
or after 1 July 2016.
An officer shall according to rank held and years of
service be paid a weekly wage of not less than the following:
(a) Special
Constable (Security)
|
|
Per Week
|
|
|
$
|
|
1st year of service
|
963.80
|
|
2nd year of service
|
980.40
|
|
3rd year of service and thereafter
|
999.30
|
Progression to the 2nd and 3rd year rate shall be
dependent upon completion of 12 months satisfactory service at the previous
year's rate of pay and satisfactory conduct.
(b) Special
Constable (Security) First Class
|
1st year of service and thereafter
|
$1,016.90
|
Providing that for progression to the position of
Special Constable (Security) First Class the officer has completed 12 months
satisfactory service at the 3rd year Special Constable (Security) level and the
Commissioner is of the opinion that the value of the work performed, the
results achieved and the manner in which the duties are performed warrant such
progression.
(c) Senior Special
Constable (Security)
|
1st year of service
|
$ 1,088.40
|
|
2nd year of service and thereafter
|
$ 1,112.40
|
(d) Special
Constable (Security), Field Supervisor
|
1st year of service
|
$ 1,244.70
|
|
2nd year of service and thereafter
|
$ 1,271.50
|
The parties agree that the final numbers and locations
of promotional positions is recognised as a management prerogative of the
Commissioner of Police.
The parties agree that confirmation of appointment to
the rank of Senior Special Constable (Security) shall be subject to the
successful completion of an appropriate supervisory course.
Table 2 - Other Rates and Allowances
|
Item
|
Clause
|
Subject Matter
|
Amount
|
|
No.
|
No.
|
|
$
|
|
|
|
|
Effective from the
first full
|
|
|
|
|
pay period on or
after 1.7.2016
|
|
1
|
10
|
Full time Special Constables (Security),
|
65.80 per week
|
|
|
|
Monday to Friday Shift Allowance
|
|
|
2
|
11
|
Full time Special Constables (Security),
|
185.80 per week
|
|
|
|
Saturday and Sunday Shift Allowance
|
|
|
|
|
|
Effective from the
first full
|
|
|
|
|
pay period on or after 30.7.1997
|
|
3
|
15.3(e)
|
Meal Allowance
|
6.00 per meal
|
|
|
|
Subsequent Meal Allowance after further
|
5.50 per meal
|
|
|
|
4 hours overtime
|
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.