Crown Employees (NSW Police Force Police Band) Award 2018

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Commissioner of Police.

 

(Case No. 309230 of 2018)

 

 

VARIATION

 

1.         Delete clause 8, Future Adjustments, of the award published 22 June 2018 (383 I.G. 26) and insert in lieu thereof the following:

 

8.  Future Adjustments

 

Should there be a variation to the Crown Employees (Public Sector - Salaries 2018) 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.

 

2.         Insert after clause 26, Recreation Leave, the following new clause 27, Annual Leave Loading and renumber existing clauses accordingly.

 

27.  Annual Leave Loading

 

27.1    General - Unless more favourable conditions apply to a staff member under another industrial instrument, a staff member, other than a trainee who is paid by allowance, is entitled to be paid an annual leave loading as set out in this subclause. Subject to the provisions set out in subclauses 27.2 to 27.6 of this clause, the annual leave loading shall be 17½% on the monetary value of up to 4 weeks recreation leave accrued in a leave year.

 

27.2    Loading on additional leave accrued - Where additional leave is accrued by a staff member:-

 

27.2.1 As compensation for work performed regularly on Sundays and/or Public Holidays, the annual leave loading shall be calculated on the actual leave accrued or on five weeks, whichever is the lower.

 

27.2.2 If stationed in an area of the State of New South Wales which attracts a higher rate of annual leave accrual, the annual leave loading shall continue to be paid on a maximum of 4 weeks leave.

 

27.3    Shift workers - Shift workers proceeding on recreation leave are eligible to receive the more favourable of:

 

27.3.1 The shift premiums and penalty rates, or any other allowances paid on a regular basis in lieu thereof, which they would have received had they not been on recreation leave; or

 

27.3.2 17½% annual leave loading.

 

27.4    Maximum Loading - Unless otherwise provided in an Award or Agreement under which the staff member is paid, the annual leave loading payable shall not exceed the amount which would have been payable to a staff member in receipt of salary equivalent to the maximum salary for a Grade 12 Clerk.

 

27.5    Leave year - For the calculation of the annual leave loading, the leave year shall commence on 1 December each year and shall end on 30 November of the following year.

 

27.6    Payment of annual leave loading - Payment of the annual leave loading shall be made on the recreation leave accrued during the previous leave year and shall be subject to the following conditions:

 

27.6.1 Annual leave loading for the previous leave year shall be paid in the first pay on or after 1 December in the subsequent leave year.

 

27.6.2 Notwithstanding paragraph 27.6.1 above a staff member may, with appropriate notice, elect to defer the payment of annual leave loading to a subsequent pay period. Provided further that such deferral shall be limited to the last pay on or before 31 December in the same leave year.

 

27.6.3 While annual leave loading shall not be paid in the first leave year of employment it shall be paid in the subsequent leave year in accordance with paragraphs 27.6.1 and 27.6.2 of this subclause.

 

27.6.4 A staff member who has not been paid annual leave loading for the previous leave year, shall be paid annual leave loading on resignation, retirement or termination by the NSW Police Force for any reason other than the staff member’s serious and intentional misconduct.

 

27.6.5 Except in cases of voluntary redundancy, proportionate leave loading is not payable on cessation of employment.

 

3.         Delete subclause 50.2 of clause 50, Area, Incidence and Duration, and insert in lieu thereof the following:

 

50.2    It shall take effect on and from 1 May 2018 with the exception of the rates of pay and allowances prescribed under Part B, Monetary Rates, which shall take effect from the dates specified in that Part, or where otherwise stated in the Award and shall remain in force until 30 April 2019.

 

4.         Delete Part B, Monetary Rates, and insert in lieu thereof the following:

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

Effective from the first full pay period to commence on or after 1 July 2018.

 

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)

 

 

(b)       Senior Musicians (Police Band)

 

 

Table 2 - Other Rates and Allowances

 

 

5.         This variation shall operate on and from 1 May 2018 and have a nominal term expiring on 30 April 2019.

 

 

 

P. M. KITE, Chief Commissioner

 

 

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Printed by the authority of the Industrial Registrar.