Crown Employees (Sheriff's Officers) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00007087)
|
Before Commissioner Stanton
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2 August 2016
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REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Salary
5. Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 to
Apply
6. Meal
Allowance For Staff Who Are Required to Travel
7. Uniforms
Laundering and Grooming
8. Vehicle
Maintenance
9. Skill
Development, Training and Promotion
10. Grievance
and Dispute Settling Procedures
11. Anti-Discrimination
12. Work
Practice Reform
13. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salary Rates
Table 2 - Meal Allowance
2. Title
This Award shall be known as the Crown Employees
(Sheriff’s Officers) Award.
3. Definitions
"Act" means the Government Sector
Employment Act 2013 and its Regulations
and Rules.
Department means the Department of Justice (Courts and
Tribunal Services Division).
"Association" means the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
"Public Service Commissioner" has the same
meaning as in the Government Sector Employment Act 2013.
"Officer" means and includes all persons
permanently or temporarily employed under the provisions of the Government
Sector Employment Act 2013, and who as
at the operative date of this award were occupying one of the positions covered
by this Award or who, after that date, are appointed to one of such positions.
4. Salary
The weekly salary payable to officers shall be as set
out in Table 1 - Salaries, of Part B, Monetary Rates.
5. Crown Employees
(Public Service Conditions of Employment) Award 2009 to Apply
The provisions of the Crown Employees (Public Service
Conditions of Employment) Award 2009 apply to this award except clause 29, Meal
Expenses on One Day Journeys, and clause 46, Uniforms Protective Clothing and
Laundry Allowance.
6. Meal Allowance for
Staff Who Are Required to Travel
(i) For the
purposes of this clause "region" means the sheriff’s office region to
which an officer is from time to time assigned.
(ii) An officer
who is required to travel to perform duty outside the officer’s region and who
is not required to obtain overnight accommodation at a place other than the
officer’s residence shall be paid the following allowances as set out in Table
2 of Part B Monetary Rates for:
(a) breakfast when
required to commence travel at or before 6.00am and at least 1 hour before the
prescribed starting time;
(b) an evening
meal when required to travel until or beyond 6.30pm; and
(c) lunch when
unable to take lunch within the officer’s region and, as a result, incurs
additional expense for lunch. In such
instances, the officer shall be paid the amount equivalent to the additional
expense or the allowance specified for lunch in Table 2 of Part B Monetary
Rates, whichever is the lesser.
7. Uniforms,
Laundering and Grooming
The uniform requirements of Sheriff’s Officers are
determined by the Sheriff. Officers who
are required to wear complete uniform in accordance with those determinations
are responsible at their own cost for the care and laundering of all uniform
items provided to them. Officers are
required to be personally well‑groomed, neat and tidy at all times when
on duty.
8. Vehicle Maintenance
Sheriff’s Officers are responsible for the care,
maintenance and cleaning of official vehicles and suitable equipment and
materials are to be supplied for those purposes.
9. Skill Development,
Training and Promotion
To be eligible to be appointed to any promotional
positions an officer will be required to satisfactorily complete the minimum
training courses determined by the Sheriff from time to time to become eligible
to apply for promotion on a competitive merit basis.
The Sheriff may from time to time prescribe those
courses to be satisfactorily completed by all applicants at each promotional
rank, and the frequency of continuing refresher training. Without limiting the foregoing a course or
courses may be prescribed in the areas of:
(i) ethical
practice skills;
(ii) client
service skills;
(iii) tactical and
self defence competencies;
(iv) conflict
management and resolution;
(v) information
technology skills;
(vi) operational
management;
(vii) leadership and
management.
10. Grievance and
Dispute Settling Procedures
(i) All
grievances and disputes relating to the provisions of this award shall
initially be dealt with as close to the source as possible, with graduated
steps for further attempts at resolution at higher levels of authority within
the Department, if required.
(ii) An officer is
required to notify in writing their immediate supervisor, as to the substance
of the grievance, dispute or difficulty,
request a meeting to discuss the matter and if possible, state the remedy
sought.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti Discrimination
Act 1977) that makes it impractical for the officer to advise their immediate
manager the notification may occur to the next appropriate level of management,
including where required, to the Agency Head or delegate
(iv) The immediate
supervisor, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(v) If the matter
remains unresolved with the immediate supervisor, the officer may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond
within two (2) working days, or as soon as practicable. This sequence of reference to successive
levels of management may be pursued by the officer until the matter is referred
to the Agency Head.
(vi) The Agency
Head may refer the matter to the Industrial Relations Secretary
for consideration.
(vii) If the matter
remains unresolved, the Agency Head shall provide a written response to the officer
and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
(viii) An officer, at
any stage, may request to be represented by their union.
(ix) The officer,
or the Association on their behalf, or the Agency Head may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
(x) The officer,
Association, Department and the Industrial Relations Secretary shall agree to be bound by
any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
health and safety, if practicable, normal work shall proceed in a manner which
avoids any risk to the health and safety of any officer or member of the
public.
11.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have an obligation to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the
Anti-Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
1. any conduct or
act which is specifically exempted from anti‑discrimination legislation;
2. offering or
providing junior rates of pay to persons under 21 years of age;
3. any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
4. a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
5. this clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
12. Work Practice
Reform
The parties are to work diligently, cooperatively and
in good faith to achieve ongoing work practice reforms to improve the
efficiency and effectiveness of Sheriff’s Office operations.
13. Area Incidence and
Duration
(i) This award
will apply to Sheriff’s Officers of the Department of Justice (Courts and
Tribunal Services Division).
(ii) The changes
made to the award pursuant to the Award Review 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.
(iii) Changes made
to this award subsequent to it first being published on 14 March 2008 have been
incorporated into this award as part of the review.
PART B
MONETARY RATES
Table 1 - Salary Rates - Sheriff’s Officers
The salary rates are set in accordance with the Crown
Employees (Public Sector - Salaries 2015) Award effective from the beginning of
the first pay period to commence on or after 1 July 2016
|
Position
|
Salary
|
|
|
$
|
|
Chief Inspector
|
|
|
Year 2
|
87,591
|
|
Year 1
|
85,098
|
|
Inspector
|
|
|
Year 2
|
81,888
|
|
Year 1
|
79,384
|
|
Sergeant
|
|
|
Year 4
|
73,635
|
|
Year 3
|
71,438
|
|
Year 2
|
69,276
|
|
Year 1
|
67,248
|
|
Sheriff’s officer
|
|
|
Year 4
|
65,396
|
|
Year 3
|
63,649
|
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Year 2
|
61,921
|
|
Year 1
|
60,154
|
|
Probationary Sheriffs officer
|
54,983
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Table 2 - Meal Allowance
Capital cities and the following country centres:
Maitland
Newcastle
Port Macquarie
Wagga Wagga
Wollongong
|
Breakfast
|
$24.90
|
|
Lunch
|
$28.00
|
|
Dinner
|
$47.75
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All other NSW Country Centres
|
Breakfast
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$22.30
|
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Lunch
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$25.85
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Dinner
|
$43.85
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J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.