Crown Employees (Senior Assistant Superintendents
and Assistant Superintendents, Department of Communities and Justice -
Corrective Services NSW) Award
AWARD REPRINT
This reprint of the consolidated
award is published under the authority of the Industrial Registrar pursuant to
section 390 of the Industrial Relations Act 1996, and under
clause 6.6 of the Industrial Relations Commission Rules 2022.
I certify that the form of
this reprint, incorporating the variations set out in the schedule, is correct
as at the latest date of effect therein mentioned.
K. JONES, Industrial Registrar
Schedule of Variations Incorporated
Variation Serial No.
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Date of Publication
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Effective Date
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Industrial Gazette Reference
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Volume
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Page No.
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C9622
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31 March 2023
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16 January 2023
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393
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1739
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Part A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Title
3. Definitions
4. Conditions Fixed by other Instruments
of Employment
5. Principles of Understanding
6. Hours of Work
7. Public Holidays
8. Rostered Day Off
9. Additional Hours
10. Ranking Structure
11. Annualised Salary Package and Allowances
12. Leave Entitlements
13. Recreation Leave
14. Annual Leave Loading
15. Allowance for Temporary Assignment
16. Performance Agreement
17. Permanent Part-time
18. Professional Conduct
19. Equality of Employment and Elimination of
Discrimination
20. Harassment Free Workplace
21. Anti-Discrimination
22. Work Health and Safety
23. Flexible Working and Operational
Arrangements
24. Deduction of Association Membership Fees
25. Grievance and Dispute Resolution
Procedures
26. No Further Claims
27. Savings of Rights
28. Area, Incidence and Duration
PART B
Schedule 1 -
Annualised Salary Package
Schedule 2 - Other
Allowances
2. Title
This Award is to be known as the Crown Employees (Senior Assistant
Superintendents and Assistant Superintendents, Department of Communities and
Justice - Corrective Services NSW) Award.
3. Definitions
In this Award, unless the content or subject matter
otherwise indicates, the following definitions apply:
"Act" means the Government Sector Employment Act 2013
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Assistant Superintendent" means a commissioned
officer occupying a role at the rank of Assistant Superintendent.
"Award" means this Award.
"Division Head" means the Secretary of the
Department of Communities and Justice as listed in Column 2 of Schedule 1 of
the Act.
"Conditions Award" means the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 as varied or its
replacement.
"Corrective Services NSW (CSNSW)" means a division
within the Department of Communities and Justice, as specified in Schedule 1 of
the Act.
"General Manager/Governor" means a commissioned
officer occupying a role at the rank of General Manager in charge of
Correctional Centres or other positions so designated by the Division Head or
delegate.
"Manager Business Unit" means a commissioned
officer occupying a role of Manager Business Unit within Corrective Services
Industries.
"Manager Centre Services and Employment" means a
commissioned officer occupying a role of Manager Centre Services and Employment
within Corrective Services Industries.
"Manager of Industries Levels 1 and 2" means a
commissioned officer occupying a role of Manager of Industries Level 1 or Level
2 within Corrective Services Industries.
"Manager Security" means a commissioned officer
occupying a role of Manager Security.
"Officer" means all persons employed on an
ongoing, temporary or casual basis (as defined by the Act), in a role within
CSNSW pursuant to the provisions of the Act, of: Senior Assistant
Superintendent, Assistant Superintendent, Manager of Industries Levels 1 and 2,
Manager Centre Services and Employment, Manager Business Unit, Regional
Business Manager and Operations Manager and who are occupying one of the role
covered by this Award at its operative date, or are appointed to or employed in
one of these positions after that date.
"Operations Manager" means a commissioned officer
occupying a role of Operations Manager within Corrective Services Industries.
"Permanent Part-time Officer" means an officer who
is engaged under the Act for set and regular hours that are less than the full 38 hour week contained in this Award.
"Personnel Handbook" means the Public Service
Industrial Relations Guide published by the Industrial Relations Secretary, as
updated from time to time.
"Regional Business Manager" means a commissioned
officer occupying a role of Regional Business Manager within Corrective
Services Industries.
"Regulation" means Government Sector Employment
Regulation 2014.
"Senior Assistant Superintendent" means a
commissioned officer occupying a role at the rank of Senior Assistant
Superintendent.
4. Conditions Fixed by Other Instruments of
Employment
4.1 The following Awards, or their
replacements, insofar as they fix conditions of employment applying to officers
covered by this Award, which are not fixed by this Award, will continue to
apply:
4.1.1 Crown Employees (Public Service
Conditions of Employment) Award 2009 or its replacement.
4.1.2 Crown Employees (Transferred Employees
Compensation) Award or its replacement.
4.2 Except as expressly provided
by this Award, and except where conditions are covered by the Awards referred
to in subclause 4.1 of this clause, the conditions of employment for officers
will be determined by the provisions of the Act, the Regulation and the
Personnel Handbook.
5. Principles of Understanding
5.1 The parties
acknowledge that the former Crown Employees (Senior Assistant Superintendents
and Assistant Superintendents, Department of Corrective Services) Award 2005,
published 10 March 2006 (357 I.G. 1068) was entered into on
the basis of a mutual commitment to operate cost efficient and
commercially competitive Correctional Centre administration based on modern
correctional practices and the initiatives contained in the "Way
Forward" Reform package. In meeting this commitment, the Award provides
the terms and conditions of employment for officers which are aimed at
increasing productivity and flexibility in the conduct of the Department’s
operations.
5.2 The parties agreed to the
introduction of an annualised salary package which includes all incidents of
employment except as otherwise expressly contained in this Award.
5.3 The parties agreed to
implement changes to rostering practices and procedures through the
promulgation of a twelve week roster comprising three
roster cycles, with the preparation of rosters to be undertaken by the
Operations Scheduling Unit under the control of the Division Head or delegate.
5.4 The parties acknowledge that
the changes to rostering practices and the annualisation
of salaries are not intended to disadvantage officers engaged under this Award.
6. Hours of Work
6.1 The ordinary full time hours of work for officers on a 5 day working
arrangement employed under this Award will be an average of 38 hours per week,
to be worked Monday to Friday inclusive. In exceptional circumstances work can
be undertaken outside of Monday to Friday by agreement with the officer and
his/her supervisor.
6.2 The ordinary full time hours of work for officers on a 7 day or 5 of 7
day working arrangement employed under this Award will be an average of 38
hours per week over a 28 day period, to be worked Monday to Sunday inclusive.
6.3 Weekend work for 7 day and 5
of 7 day workers are to be equitably distributed over
a 12 month period and displayed on the 28 day roster. Such 5 of 7 or 7 day
workers will not be rostered for work for more than an average of 2 weekends
per 19 day roster period worked.
6.4 Officers will have the
opportunity to swap shifts as agreed by their Manager Security or officer in
charge.
6.5 Officers may, with the
approval of the Operations Scheduling Unit, request to vary the 12 week roster as promulgated, in liaison with the Manager
Security of the Correctional Centre.
7. Public Holidays
7.1 Officers engaged under this
Award and who regularly perform rostered duty on Sundays and Public Holidays
are to receive the following compensation and are subject to the following
conditions:
7.2 When rostered off on a public
holiday - no additional compensation or payment.
7.3 When rostered on a public
holiday and work performed - no additional payment.
7.4 Additional payment on the
following basis:
Number of ordinary
shifts worked on Sundays and/or public holidays during a qualifying period of
twelve (12) months from 1st December one year to 30th November the next year
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Additional Payment
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4 to 10
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1/5th of one week’s
ordinary salary
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11 to 17
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2/5ths of one week’s
ordinary salary
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18 to 24
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3/5ths of one
week’s ordinary salary
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25 to 31
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4/5ths of one
week’s ordinary salary
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32 or more
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One week’s ordinary
salary
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7.5 The additional payment is to
be made after the 1st December in each year for the
preceding twelve months, provided that:
7.5.1 Where employment of an officer
is terminated or the officer resigns or retires, the officer will be entitled
to be paid the additional payment that may have accrued under subclause 7.4 of
this clause from the preceding 1st December until the date of termination,
resignation or retirement.
7.5.2 Payment will be made at the
rate applying as at 1st December each year, or at the
date of termination, resignation or retirement.
7.6 Officers who are directed to
work on the Public Service Holiday as determined by the Division Head within
the Christmas/New Year period are, in lieu of work on this day, entitled to be
absent from duty on one of the two days preceding the New Years' Day Public
Holiday.
8. Rostered Day Off
8.1 The hours of work prescribed
in subclauses 6.1 and 6.2 of clause 6, Hours of Work are to be worked on the basis
of one rostered day off per month in each 20 working days of a 28 day roster cycle. Officers will accrue 0.4 of an hour each 8 hour day towards having the 20th day off with
pay, subject to subclauses 8.3 and 8.4 of this clause.
8.2 An officer’s rostered day off
will be determined by CSNSW having regard to the needs of the establishment or
sections. Where practicable, a rostered
day off will be consecutive with other days off. The rostered day off will be
shown as a crossed day off on the roster.
8.3 Once set, the rostered day off
may not be changed in a current 28 day roster cycle
without agreement between the officer and his/her supervisor. When the rostered day off is changed by
mutual agreement, another day is to be substituted in the current roster cycle.
Should this not be practicable, the rostered day must be given and taken in the
next roster cycle.
8.4 The maximum number of rostered
days off prescribed in subclause 8.1 of this clause is to be 12 days per annum.
There will be no accrual towards a rostered day off during the first four weeks
of recreation leave.
8.5 All other paid leave is to
contribute towards the accrual of a rostered day off except where paid workers
compensation and extended leave are current throughout the roster cycle. Where
an officers rostered day off falls during a period of sick leave, the officer’s
available sick leave will not be debited for that day.
8.6 As an alternative to the
provisions contained in the above subclauses, officers may elect to receive:
8.6.1 payment in lieu of rostered
days off; and/or
8.6.2 payment in lieu of recreation
leave accrued above 4 weeks per annum up to a maximum of 10 days on an annual
basis. Officers entitled to make this election must be 5 of 7
or 7 day workers.
This additional payment will be
made on the first pay period after 1st December each year.
9. Additional Hours
9.1 No payment for additional
hours to the ordinary hours of work will be paid to officers under this Award.
The only exception is in cases of emergency.
9.2 Officers who are
authorised by the General Manager for operational purposes to remain on duty
for a period in excess of 15 minutes beyond a standard 8 hour
shift are entitled to time off in lieu on the basis of an hour off for each
additional hour worked. This is outlined in the Procedures for the Management
of Time Off in Lieu, Senior Assistant Superintendents and Assistant
Superintendents issued 24 January 2006.
9.3 Time off in lieu will be granted
at a mutually agreeable time between the officer and the General Manager but
must account for the operational needs of the workplace and is to be taken
within 28 days from the date of when the additional hours were performed.
9.4 Should it not be possible for
this time off in lieu referred to in subclause 9.3 of this clause to be granted
within 28 days of the date of when the additional hours were performed then
time off in lieu is to be taken within the next 28 day
period.
9.5 Should it not be possible for
the time off in lieu to be taken within the time frames nominated in subclauses
9.3 and 9.4 of this clause, the additional hours will be paid at the rate of
single time for all hours worked.
9.6 The Manager Security is
responsible to the General Manager to ensure that all time off in lieu is
administered in accordance with subclauses 9.3 to 9.5 of this clause and with
the Procedures referred to in subclause 9.2 of this clause.
9.7 Officers who are recalled to
duty on account of an emergency will be entitled to the payment of overtime for
all time worked. A minimum of 3 hours is to be paid for each recall to duty on
account of an emergency.
9.8 Work undertaken on account of
an emergency outside of ordinary hours of work will be compensated at the rate
of time and one-half for the first two hours and at the rate of double time
thereafter, Monday to Saturday inclusive; at the rate of double time on Sunday;
and at the rate of double time and one-half on a public holiday. The rate of
payment for this work will be the maximum rate for Clerk, Grade 8 plus $1.
9.9 For the purposes of this
Award, emergency situations include but are not limited to situations such as:
riot, death in custody, fire or hostage. Hours worked in relation to any such
incidents must be submitted for the approval of the officer’s Manager Security
or General Manager.
9.10 The annualised salary payable
under this Award recognises that additional work time may be involved in
briefing incoming officers at the time of shift handover. There is no
additional payment for this work time.
10. Ranking Structure
10.1 The following ranking structure
applies:
Senior Assistant Superintendent
(commissioned officer)
Assistant Superintendent
(commissioned officer)
Operations Manager (commissioned
officer)
Manager of Industries Levels 1 and
2 (commissioned officer)
Manager Centre Services and
Employment (commissioned officer)
Manager Business Unit
(commissioned officer)
10.2 The Division Head or delegate reserves
the right to transfer officers in accordance with the Movement of Staff within
and between Public Sector Agencies provisions of the Act, if such action is considered to be in the best interests of CSNSW.
10.3 Wherever possible transfers
between locations or positions covered by this Award will be agreed between the
officer and the Division Head or delegate.
Such agreement does not apply to transfers which are directed as a result of disciplinary or performance issues or where
there is a rotation between positions at the same rank in the same Correctional
Centre or Correctional Complex as defined in the Crimes (Administration of Sentences) Act 1999. Nothing in this
subclause diminishes the right of the Division Head or delegate to direct
transfers in accordance with the Act.
11. Annualised Salary Package and Allowances
11.1 The annualised salaries payable
in this Award are as shown in Part B, Schedule 1, and includes all incidents of
employment, including an Incidental Allowance, except as otherwise expressly
contained in this Award.
11.2 Meal Allowances: Officers
covered by this Award are not entitled to meal allowances except when work is
being performed in accordance with the provisions of subclauses 9.6 to 9.8 of
clause 9, Additional Hours, of this award. In such circumstances, a meal
allowance will be paid in accordance with Item 19 of Table 1 - Allowances of
Part B, Monetary Rates, of the Conditions Award as follows:
11.2.1 The rate equivalent to the Dinner rate when working a double shift;
11.2.2 The rate equivalent to the Breakfast rate when called in one hour prior to the rostered
shift start time and this work commences prior to 6.00am;
11.2.3 The rate equivalent to the Dinner rate when work continues a minimum of 1½ hours beyond
the rostered finish time and continues beyond 6.00 pm.
11.2.4 Actual expenses for meals when
travelling on official business may be claimed in accordance with the meal
expenses for one-day journeys and travelling compensation provisions of the
Conditions Award.
11.3 Salary Packaging, including
Salary Sacrifice: An employee may elect, subject to the agreement of CSNSW, to enter into a Salary Packaging Arrangement in accordance with
the provisions of the salary packaging provisions of the Crown Employees
(Public Sector - Salaries 2021) Award, or any variation or replacement award.
12. Leave Entitlements
12.1 All leave (sick, recreation
etc.) except for extended leave will be granted and administered in accordance
with the relevant provisions of the Conditions Award.
12.2 Extended leave entitlements
will be granted and administered in accordance with Schedule 1 of the
Regulations.
12.3 All leave will be debited in
actual time, replacing the system of debiting multiplies of 1/4 days.
13. Recreation Leave
13.1 Officers under this Award
engaged as 5 day workers, Monday to Friday, are
entitled to recreation leave in accordance with the provisions of the
Recreation Leave clause of the Conditions Award that is, four weeks paid leave
for each completed year of service.
13.2 Officers under this Award
engaged as 5 of 7 or 7 day workers and who are
regularly required to perform rostered duty on Sundays and Public Holidays will
receive, in addition to four weeks recreation leave in subclause 12.1 of this
clause, an additional two weeks recreation leave.
13.3 Limits on accumulation and
direction to take recreation leave will be in accordance with the Recreation
Leave clause of the Conditions Award.
13.4 At least two consecutive weeks
of recreation leave are to be taken every 12 months, as specified by in the
Recreation Leave clause of the Conditions Award except by written agreement
with the Division Head or delegate in special circumstances.
13.5 Permanent part-time officers
are entitled to pro rata recreation leave, calculated in accordance with the
proportion of full time officers' hours they work.
14. Annual Leave Loading
14.1 Annual Leave loading is payable
to officers under this Award. It will be paid in accordance with the provisions
of the Annual Leave Loading clause of the Conditions Award.
15. Allowance for Temporary Assignment
15.1 Subject to this clause, an officer
who is required to perform duties in a higher role covered by this Award from
time to time (provided the officer performs the whole of the duties and assumes
the whole of the responsibilities of the higher role) will be paid an allowance
at the difference between the officer’s present salary and the salary
prescribed for the higher position covered by this Award.
15.2 This allowance for temporary
assignment is to be paid on a daily basis.
15.3 A Senior Assistant
Superintendent or Assistant Superintendent who is required to perform duties
and exercise delegations of a higher role under the Crown Employees (General
Managers, Superintendents, Managers Security and Deputy Superintendents,
Department of Communities and Justice - Corrective Services NSW) Award are to
be paid a higher duties allowance to the higher role on a
daily basis when such work is performed.
16. Performance Agreement
16.1 All officers must enter into a
performance agreement with CSNSW.
16.2 Performance agreements will be
reviewed every 12 months by the General Manager. Officers who have not met the
targets in a performance agreement will be counselled by the General Manager
with the aim of developing a detailed developmental program to enable the
officer to satisfactorily participate in planning of workplace performance and
self-development. An appeal may be made to the Division Head or delegate should
an officer disagree with a review.
16.3 The parties recognise that the
Division Head or delegate, as part of a developmental program, may transfer an
officer. The purpose of such a transfer is to assist an officer in his or her
work performance and self-development and will be arranged in consultation with
the officer.
17. Permanent Part-Time
17.1 CSNSW is committed to providing
permanent part-time work opportunities where practicable. Such arrangements
should provide flexibility for effective use of resources and be of benefit to
staff.
17.2 Part-time work arrangements
will be acceptable to both CSNSW and the officer. Any arrangement will be in
accordance with the provisions of the Industrial
Relations Act 1996 and the Flexible Work Practices Policy and Guidelines
issues by the then Public Employment Office in October 1995.
18. Professional Conduct
18.1 Corporate Plan: Officers will
be committed to personal conduct and service delivery in accordance with the
principles, mission and corporate objectives expressed in the CSNSW’s Corporate
Plan.
18.2 Conduct of duties: Officers are
to perform their duties diligently, impartially and conscientiously to the best
of their ability by complying with Department of Communities and Justice Code
of Ethical Conduct in the performance of their duties. All officers will be
professional in their conduct with the public, other staff and inmates.
18.3 Dress-Manual: Officers must
comply with the requirements of CSNSW’s Dress-Manual. Officers are to ensure
their dress and grooming is of the highest standard and is to be worn
displaying CSNSW name tags. Officers are responsible for ensuring that all staff
under their supervision comply with CSNSW’s Dress-Manual.
18.4 Case Management: Officers must
have a thorough knowledge of and practice of the management of Case Management
Principles, as defined by departmental policy and procedures, and will
diligently perform the duties required to implement them. All officers are to
participate in the oversight and implementation of Case Management.
19. Equality of Employment and Elimination of
Discrimination
19.1 The parties are committed to
providing a work environment which promotes the achievement of equality and
elimination of discrimination in employment.
20. Harassment Free Workplace
20.1 CSNSW is committed to ensuring
that officers work in an environment free of harassment. Harassment is any
repeated uninvited or unwelcome behaviour directed at another person. Harassing
behaviour is unacceptable and disruptive to the well-being of individuals and
workplace productivity.
20.2 Harassment is any repeated
uninvited or unwelcome behaviour directed at another person. The effect of harassment is to offend, annoy
or intimidate another person and to make the workplace uncomfortable and
unpleasant.
20.3 Harassment on any grounds
including, but not limited to, sex, race, marital status, physical impairment,
sexual preference, HIV/AIDS or age will not be condoned by CSNSW or the
Association.
20.4 Officers at all levels will
prevent all forms of harassment by setting personal examples, by ensuring
proper standards of conduct are maintained in the workplace and by taking
immediate and appropriate measures to stop any form of harassment of which they
may be aware.
20.5 All officers are required to
refrain from perpetuating, or being party to, any form of harassment.
20.6 This clause does not create
legal rights or obligations in addition to those imposed upon the parties by
the relevant legislation.
21. Anti-Discrimination
21.1 It is the intention of the
parties bound by this Award to seek to achieve the objective 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.
21.2 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.
21.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an
officer because the officer has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
21.4 Nothing in this clause is to be
taken to affect:
21.4.1 Any conduct or act which is
specifically exempted from anti-discrimination legislation;
21.4.2 Offering or providing junior
rates of pay to persons under 21 years of age;
21.4.3 Any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
21.4.4 A party to this Award from
pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
21.5 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.
22. Work Health and Safety
22.1 At all times officers must
comply with the Work Health and Safety
Act 2011 and associated Regulations.
22.2 The parties are committed to
maintaining an accident-free and healthy workplace through:
22.2.1 Implementation of appropriate health and safety procedures;
22.2.2 Appropriate management and risk assessment practices;
22.2.3 The active and constructive involvement of all officers
in promoting improvements to occupational health, safety and officer welfare;
22.2.4 Management and officer participation on Health and
Safety Committees.
22.3 This clause does not create
legal rights or obligations in addition to those imposed upon the parties by
the Work Health and Safety Act 2011
and associated Regulations.
23. Flexible Working and Operational Arrangements
23.1 The parties to this Award are
committed to introducing greater flexibility in working arrangements, wherever
practicable. This includes part-time work, job sharing, part-time leave without
pay, career break scheme, part year employment and
variable leave employment as contained in the Flexible Work Practices Policy
and Guidelines issues by the then Public Employment Office in October 1995.
23.2 Community Consultative
Committee: A Community Consultative Committee will be established at each
correctional centre. This committee is to meet on a regular basis and will
comprise representatives from all appropriate groups.
23.3 Union Consultative: A Union
Consultative will be established at each correctional centre covered by this
Award. This forum is to provide advice regarding the operation and routines of
each correctional centre. Elected representatives of the Vocational Branches of
the Association, including the Commissioned Officers Vocational Branch where
represented, and representatives from Community Offender Services are to be
allocated positions on Local Management Boards.
23.4 Directed duties: The parties
recognise that the nature of the correctional environment may present emergent
situations or that unforeseen circumstances may alter the usual operation of a
correctional centre on a short-term basis. In these circumstances, an officer
may be directed to carry out such duties as are reasonably within the limits of
the officer's skill, competence and training.
23.5 Any direction made pursuant to
this clause will be consistent with the Centre's security requirements, as
assessed by the General Manager or most senior officer available at that time,
and CSNSW’s obligation to provide a safe and healthy work environment.
24. Deduction of Association Membership Fees
24.1 The Association will provide CSNSW
with a schedule setting out the Association’s fortnightly membership fees
payable by members of the Association in accordance with the Association rules.
24.2 The Association will advise
CSNSW of any change to the amount of fortnightly membership fees made under its
rules. Any variation to the schedule of the Association fortnightly membership
fees payable must be provided to CSNSW at least 28 days in advance of the
variation taking effect.
24.3 Subject to subclauses 24.1 and
24.2 of this clause, CSNSW will deduct the Association’s fortnightly membership
fees from the salary of any officer who is an Association member in accordance
with the Association’s rules, provided the officer has authorised CSNSW to make
such deduction.
24.4 Monies so deducted from the
officer’s salary are to be forwarded regularly to the Association together with
all necessary information to enable the Association to reconcile and credit
subscriptions to officer’s membership accounts.
24.5 Unless other arrangements are
agreed to by CSNSW and the Association, all Association membership fees will be
deducted by CSNSW on a fortnightly basis.
25. Grievance and Dispute Resolution Procedures
25.1 The aim of this procedure is to
ensure that industrial and officer grievances or disputes are prevented, or
resolved as quickly as possible, at the lowest level in the workplace.
25.2 Grievances will be handled in
accordance with CSNSW’s Grievance Management Policy and Guidelines. A grievance may be defined as:
A statement or approach by an
officer to a supervisor on a work related problem,
concern or complaint which may relate to:
(a) harassment and/or
discrimination on the basis of sex, race, marital
status, disability, sexual preference or age; or
(b) interpersonal conflict at
work, including supervisor, officer and co-worker conflicts; or
(c) unfair allocation of
development opportunities; or
(d) lack of communication of
work-related information; or
(e) a difficulty concerning the interpretation
or application of CSNSW’s policy or procedure.
25.3 Where a matter does not fall
within the definition of a grievance it will be regarded as a dispute. A dispute may be defined as:
An issue in relation to any matter
contemplated by this Award and related to its application, operation or
interpretation.
25.4 The parties to this Award are
committed to following the steps set out below and must continue to work
normally as these procedures are being followed. No party will be prejudiced as to final
settlement by the continuance of work in accordance with these procedures.
25.5 A dispute will be dealt with in
accordance with the following procedures:
Step 1: The dispute is discussed
between the officer(s) and the relevant supervisor. If the dispute remains
unresolved, follow Step 2.
Step 2: The dispute is discussed
between the officer(s), the Association’s delegate or officer's nominated
representative and the supervisor. If the dispute remains unresolved follow
Step 3.
Step 3: The dispute is discussed
between the next higher level of management and representatives from Industrial
Relations, and the Association delegate and/or an Association official or
officer's nominated representative. If the dispute remains unresolved, follow
Step 4.
Step 4: The dispute is discussed
between the most senior representatives of CSNSW and the relevant Association
officials and/or officer's nominated representative. If the dispute remains unresolved, follow
Step 5.
Step 5: The dispute is discussed
with the Division Head and the relevant Association officials and/or officer’s
nominated representative.
Step 6: The matter may be referred
by either party to the Industrial Relations Commission to exercise its
functions under the NSW Industrial
Relations Act 1996, provided the matter is not a claim for general
increases in salary or conditions of employment contained in this Award.
Each of the steps will be followed
within a reasonable time frame having regard for the nature of the grievance or
dispute.
26. No Further Claims
26.1 Other than as provided for in
the Industrial Relations Act 1996 and
the Industrial Relations (Public Sector Conditions of Employment) Regulation
2014, there shall be no further claims/demands or proceedings instituted before
the NSW Industrial Relations Commission for extra or reduced wages, salaries,
rates of pay, allowances or conditions of employment with respect to the
employees covered by the Award that take effect prior to 30 June 2016 by a
party to this Award
27. Savings of Rights
27.1 Should there be a variation to
the Crown Employees (Public Sector Salaries - 2021) Award, or to an award
replacing it, during the term of this award, by way of a general salary
increase, this Award will be varied to give effect to any such increase.
28. Area, Incidence and Duration
29.1 This Award applies to all
officers as defined in clause 10, Ranking Structure, of this Award.
29.2 This award is made following a
review under section 19 of the Industrial
Relations Act 1996 and rescinds and replaces the Crown Employees (Senior Assistant Superintendents and Assistant
Superintendents, Department of Justice - Corrective Services NSW) Award 2009
published 15 May 2020 (388 I.G. 234),
as varied.
29.3 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 7 October 2021.
29.4 This award remains in force
until varied or rescinded, the period for which it was made having already
expired.
29.5 Changes made to this award subsequent to it first being published on 28 August 2009
(368 I.G. 1508) have been incorporated into this award as part of the review.
Part B
Schedule 1 -
Annualised Salary Package
1.1 Remuneration: Commissioned
Correctional Officers
Title
|
Annualised
Salary from the first full pay period on or after1 July 2021
|
|
$
|
Senior Assistant Superintendent
7 day or any 5/7 days
|
132,401
|
Assistant Superintendent
7 day or any 5/7 days
|
123,933
|
Senior Assistant Superintendent 5 day
|
125,159
|
Assistant Superintendent 5 day
|
116,889
|
1.2 Remuneration: Commissioned
Industries Officers
Title
|
Annualised Salary
from the first full pay period on or after 1 July 2021
|
|
$
|
Regional Business
|
Yr 1
|
140,607
|
Manager 5 day
|
Yr 2
|
144,220
|
|
Yr 3
|
150,411
|
|
Yr 4
|
155,969
|
Operations Manager
|
149,628
|
Manager of Industries Level 1 - 5
day
|
1138,067
|
Manager of Industries Level 2 -
Any 5 of 7 days
|
138,647
|
Manager Centre Services&
Employment Manager of Industries level 2 5 day
|
131,407
|
Manager Business Unit any 5/7days
|
132,401
|
Manager Business Unit 5 day
|
125,159
|
1.3 The salaries in subclause 1.1 and
1.2 above are annualised. All incidents
of employment except as otherwise expressly contained in this Award are
included within the annualised salary.
____________________
Printed by the
authority of the Industrial Registrar.