Crown
Employees (Police Officers - 2009) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Commissioner
of Police.
(No. IRC 1173 of 2009)
Before The Honourable
Justice Boland, President
|
15 December 2009
|
AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
Section 1 - General
2. No Further
Claims
3. Definitions
4. Commitment
to Professional and Ethical Conduct
5. Anti-Discrimination
6. Inspection
of Award
7. Existing
Privileges
8. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
9. Top-up
Supplementation of Workers’ Compensation
10. Deduction
of Police Association of New South Wales Membership Fees
11. Travelling
Allowances
12. Provision
of Quarters
13. Remote Area
- Living Allowances
14. Part Time
Employment
15. Local
Arrangements
Section 2 - Leave
16. Leave
Generally
17. Applications
for Leave
18. Annual
Leave
19. Purchased
Leave
20. Extended
Leave
21. Sick Leave
22. Sick Leave
to Care for a Family Member
23. Maternity
Leave
24. Parental
Leave
25. Adoption
Leave
26. Right to
Request Additional Maternity, Parental or Adoption Leave
27. Communication
During Maternity, Parental or Adoption
Leave
28. Accrual of
Leave While On Maternity, Parental or Adoption Leave
29. Incremental
Progression While On Maternity Leave, Adoption Leave or Parental Leave
30. Family and
Community Service Leave
31. Leave
Without Pay
32. Military
Leave
33. Special
Leave
Section 3 - Association Activities
34. Association
Activities Regarded as Special Leave
35. Association
Activities Regarded as on Duty
36. Association
Training Courses
Section 4 - Non-Commissioned Officers
37. Salaries
(Other than Detectives)
38. Salaries
(Detectives)
39. Loading
40. Leading
Senior Constables
41. Special
Duties Allowance
42. Professional/Academic
Qualification Allowance
43. On Call
Allowances
44. Hours of
Duty
45. Shift
Allowance
46. Meals
47. Overtime
48. Recall to
Duty
49. Court
Attendance Between Shifts
50. Lockup
Keepers’ or Sole Detective’s Recall
51. On Call
Detectives Recall
52. On Call
Telephone Recall (Other Than Detectives)
53. Penalty
Provisions Not Cumulative
54. Travelling
Time
55. Time in
Lieu of Payment of Travelling Time and Overtime
56. Relieving
Duty
57. Public
Holidays
58. Competency
Based Incremental Progression
59. Provision
of Uniform
60. Air Travel
61. Lockers
62. Work of a
Menial Nature
Section 5 - Commissioned Officers
63. Salaries
64. Hours of
Duty
65. Fixed Term
Appointment
66. Non Renewal
Benefit
67. Competency
Based Incremental Progression
68. Relieving
Duty
69. Travelling
Time
Section 6 - Disputes/Grievance Settlement Procedure
70. Disputes/Grievance
Settlement Procedure
Section 7 - Transferred Officers Entitlements &
Compensation
71. Definitions
72. Eligibility
for Entitlements Under this Section
73. Officers
Appointed Under Section 66A & 67 of the Police Act
74. Special
Remote Locations
75. Notice of
Transfer
76. Transfer
Leave
77. Cost of
Temporary Accommodation
78. Excess Rent
Assistance
79. Removal
Costs
80. Storage of Furniture
81. Cost of
Personal Transport
82. Compensation
For Depreciation and Disturbance
83. Education
of Children
84. Conveyancing
and Other Costs
85. Refund of
Stamp Duty, Registration of Transfer and Mortgage Fees
86. Incidental
Costs Upon Change of Residence
87. Relocation
On Retirement
88. Existing
Benefits
Section 8 -Leave Reserved
89. Leave
Reserved
Section 9 - Area, Incidence and Duration
90. Area,
Incidence and Duration
91. Transition
from eight (8) hour break to ten (10) hour break.
92. Transition
arrangements for Transferred Officers under Section 7
PART B
MONETARY RATES
Table 1 - Non-Commissioned Officers’ (Other than
Detectives) Salaries
Table 2 - Detectives’ Salaries
Table 3 - Commissioned Officers’ Salaries
Table 4 - Travelling Allowance and Motor Vehicle
Allowances
Table 5 - Remote Areas - Living Allowance
Table 6 - Detectives’ Special Allowance
Table 7 - Special Duties Allowances (Non-Commissioned
Officers)
Table 8 - Professional/Academic Qualification Allowance
(Constable or Senior Constable)
Table 9 - On-Call Allowances (Non-Commissioned Officers)
Table 10 - Meal Allowances (Non-Commissioned Officers)
Table 11 - Stocking Allowance (Non-Commissioned Officers)
Table 12 - Plain Clothes Allowances (Non-Commissioned
Officers)
Section 1 - General
2. No Further Claims
2.1 This Award
provides for;
2.1.1 pay increases of
4% with effect from the beginning of the first full pay period to commence on
or after 1 July 2009 and 4% with effect from the beginning of the first full
pay period to commence on or after 1 July 2010.
2.1.2 These increases
are provided arising from the agreement of the parties as contained within the
Memorandum of Understanding between the Commissioner of Police and the Police
Association of New South Wales, entered into on 17 November 2009.
2.2 Except as
prescribed in Clause 89 Leave Reserved, the pay increases and enhanced
conditions provided by this Award are on the basis that there shall be no new
salaries or conditions claims during the nominal term of this award.
3. Definitions
3.1 "Officer"
or "Officers" means and includes all persons appointed pursuant to
the Police Act 1990, to be a police officer member of the New South
Wales Police Force, including probationary constables, who as at the date of
operation of this Award were occupying a position or rank specified in this
Award, or who after that date are appointed to such a position or rank, but
excluding those police officers employed as members of the New South Wales
Police Force Senior Executive Service.
3.2 "Non-Commissioned
Officer" means and includes all persons defined as officers in subclause
3.1 above who are employed in a non-commissioned capacity, as prescribed by
section 3, "Definitions", of the Police Act 1990.
3.3 "Commissioned
Officer" means and includes all persons defined as officers in subclause
3.1 above who are employed in a commissioned capacity, as prescribed by section
3, "Definitions", of the Police Act 1990.
3.4 "Commissioner"
means the Commissioner of Police for the State of New South Wales or any person
acting in such position from time to time.
3.5 "Service"
means continuous service. Future
appointees shall be deemed to have the years of service indicated by the
salaries at which they are appointed.
3.6 "Association"
means the Police Association of New South Wales.
3.7 "Flexible
Rostering Guidelines" means the guidelines agreed between the parties for
the operation of flexible rosters, including the administration of leave, as
varied from time to time by agreement.
3.8 "Local Arrangements"
means an agreement reached at the sub-organisational level between the
Commissioner and the Association in terms of clause 15, Local Arrangements of
this Award.
3.9 "Detective"
means A Non-Commissioned Officer who is designated as a Detective or is
currently undertaking or prepared to undertake the Detectives Education Program
and who is permanently appointed to the duty type of Criminal Investigation.
3.10 "Leading
Senior Constable" means and includes those Non-Commissioned Officers
employed by the New South Wales Police Force, who on or after the date of
operation of this Award are appointed as a Leading Senior Constable in
accordance with clause 40 of this Award.
4. Commitment to
Professional and Ethical Conduct
4.1 Officers shall
maintain the highest possible standards of professional and ethical conduct.
4.2 It is the
responsibility of officers to be fully conversant with New South Wales Police
Code of Conduct and Ethics and to ensure their actions are fully informed by
the requirements of the Code.
4.3 Officers shall
be responsible for maintaining the currency of their professional knowledge and
be pro-active in maintaining the requisite competencies for incremental
progression.
4.4 For its part the
New South Wales Police Force will fully support officers who report corrupt,
unethical or unprofessional conduct and those officers who make honest mistakes
in the course of their duties.
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, responsibilities as a carer, and age.
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:
5.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
5.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
5.4.3 any
act or practice of a body established to propagate religion which is
exempted under section 56(d) of the Anti-Discrimination
Act 1977;
5.4.4 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.
NOTES
5.5.1 Employers and
employees may also be subject to Commonwealth anti discrimination legislation.
5.5.2 Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects...any other act or
practice of a body established to propagate religion that conforms with the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
6. Inspection of
Award
6.1 A copy of this
Award shall be available for inspection by officers at each Branch, Station or
other place of attachment.
7. Existing
Privileges
7.1 Except so far as
altered expressly or by necessary implication, this Award is made on the
understanding that all other existing privileges and conditions not specified
herein shall continue during its currency.
8. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
8.1 For the purpose
of this clause, "salary" means;
8.1.1 the
"Loaded Salaries" prescribed by Table 1 - Non-Commissioned Officers’
(Other than Detectives) Salaries of PART B, MONETARY RATES,
8.1.2 the
"Loaded Salaries" prescribed by Table 2 - Detectives’ Salaries of
PART B, MONETARY RATES; or
8.1.3 the
salaries prescribed by Table 3 - Commissioned Officers’ Salaries of PART B,
MONETARY RATES.
8.2 By mutual
agreement with the Commissioner, an officer may elect to package part or all of
their salary in order to obtain;
8.2.1 a
benefit or benefits selected from those approved from time to time by the
Commissioner; and
8.2.2 a
salary equal to the difference between the salary prescribed for the officer by
subclause 8.1, and the amount specified by the Commissioner from time to time
for the benefit provided to or in respect of the officer in accordance with
such agreement.
8.3 The amount
packaged, including any salary sacrifice to superannuation arrangement under
subclause 8.10 to 8.14, may be up to one hundred (100) percent of the officer's
salary.
8.3.1 Any
pre tax and post tax payroll deductions must be taken into account prior to
determining the amount of salary available to be packaged. Such payroll deduction may include, but is
not limited to, compulsory superannuation payment, HECS payments, child support
payments, union fees and health fund premiums.
8.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
8.5 The agreement
shall be known as a Salary Packaging Agreement.
8.6 Except in
accordance with subclause 8.10 to 8.14, a Salary Packaging Agreement shall be
recorded in writing and shall be for a period of time as mutually agreed
between the officer and the Commissioner at the time of signing the Salary
Packaging Agreement.
8.7 Where the
officer has elected to package a part or all of their salary:
8.7.1 subject
to Australian Taxation Law, the amount of salary packaged will reduced the
salary subject to appropriate PAYG taxation deductions by the amount packaged;
and
8.7.2 any
allowances, penalty rate, payment for unused leave entitlements, weekly
worker's compensation or other payment, other than any payment 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 salary shall be calculated by reference to the salary which would
have applied to the officer in the absence of any Salary Packaging Agreement made
under this Award.
8.8 The Commissioner
may vary the range and type of benefits available from time to time following
discussions with the Association. Such
variations shall apply to any existing or future Salary Packaging Agreements
from date of such variation.
8.9 The Commissioner
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 Salary Packaging Agreement
from the date of such variation. In
this circumstance, the officer may elect to terminate the Salary Packaging
Agreement immediately.
8.10 An officer may
elect to sacrifice a part or all of their salary additional to employer
superannuation contributions.
8.11 Where the officer
makes an election in terms of subclause 8.10, the officer may elect to have the
amount of salary sacrificed;
8.11.1 paid
into the superannuation scheme established under the First State
Superannuation Act 1992 as an optional employer contribution; or
8.11.2 subject
to the Commissioner's agreement, paid into another complying superannuation
scheme as employer superannuation contributions.
8.12 Where an officer
makes an election in terms of clause 8.10, the Commissioner shall pay the
amount of salary, the subject of election to the relevant superannuation fund.
8.13 Where an officer
makes an election in terms of subclause 8.10 and where the officer is a member
of a superannuation scheme established under the;
8.13.1 Police
Regulation (Superannuation) Act 1906;
8.13.2 Superannuation
Act 1916;
8.13.3 State
Authorities Superannuation Act 1987;
8.13.4 State
Authorities Non-Contributory Superannuation Act 1987; or
8.13.5 First
State Superannuation Act First 1992
The Commissioner must ensure that the amount of any
additional employer superannuation contributions specified in subclause 8.10 of
this clause is included in the officer's superable salary which is notified to
the SAS Trustee Corporations.
8.14 Where an officer
makes an election in terms of subclause 8.10, and where, prior to electing to
sacrifice a part or all of their salary to superannuation, an officer has
entered into an agreement with the Commissioner to have superannuation
contributions made to a superannuation fund other than a fund established under
legislation listed in subclause 8.13 of this clause, the Commissioner will
continue to base contributions to that fund on the salary payable to the same
extent as applied before the officer sacrificed that amount of salary to
superannuation. This clause applies
even though the superannuation contributions made by the Commissioner may be in
excess of superannuation guarantee requirements after the salary sacrifice is
implemented.
9. Top-Up
Supplementation of Workers’ Compensation
9.1 This clause
shall apply to officers who commenced employment with New South Wales Police
Force on or after 1 April 1988 and who are in receipt of workers compensation
payments pursuant to the Workers Compensation Act 1987 with respect to
any injury or illness arising out of or in the course of their employment as a
police officer.
9.2 New South Wales
Police Force shall pay to any officer, as defined in sub-clause 9.1, the
difference between the statutory amount of any workers compensation payments
received by the officer and the ordinary rate of pay of the officer.
9.3 New South Wales
Police Force is not obliged to make payments under sub-clause 9.2 if:
9.3.1 the
officer has been in receipt of workers compensation payments for in excess of
26 weeks; and
9.3.2 New South
Wales Police Force has complied with its obligations in relation to the
establishment of and compliance with injury management plans and the provision
of suitable work under the workers compensation system; and,
9.3.3 subject
to 14 days written notice, either:
(a) The officer does
not participate in the establishment of, or comply with an injury management
plan and/or a return to work plan; or
(b) The following
circumstance arises:
(i) The injury
management plan and/or return to work plan is considered inadequate,
inconsistent or unreasonable by a member of the independent medical expert
panel, constituted jointly by the Commissioner and the Association, following
enquiries with the nominated treating doctor (or treating specialist) about the
officers fitness for pre-injury duties and hours, the likelihood and timeframe
for recovery, or the officers fitness for other jobs/duties; and
(ii) an officer
does not participate in the establishment of, or comply with an injury
management plan and/or a return to work plan as developed by the member of the
independent medical expert panel.
9.4 The officer’s
entitlement to sick leave shall not be affected by this clause.
9.5 The provisions
of this clause shall only apply whilst ever an officer remains as an employee
of New South Wales Police Force.
10. Deduction of
Police Association of New South Wales Membership Fees
10.1 The New South
Wales Police Force shall deduct Association membership fees from the salaries
of officers who are members of the Association and have signed the appropriate
authority. Unless the New South Wales Police Force and the Association agree to
other arrangements, Association membership fees shall be deducted and forwarded
directly to the Association on a fortnightly basis.
11. Travelling
Allowances
11.1 The Commissioner
shall require officers to obtain an authorisation for all official travel prior
to incurring any travel expense.
11.2 Where available
at a particular centre or location, the overnight accommodation to be occupied
by officers who travel on official business shall be the middle of the range
standard, referred to generally as three-star or three-diamond standard of
accommodation.
11.3 An officer who
performs official duty from a temporary work location shall be compensated for
accommodation, meal and incidental expenses properly and reasonably incurred
during the time actually spent away from the officer’s residence in order to
perform that duty.
11.4 An officer who
performs official duty within the Newcastle, Sydney and Wollongong Metropolitan
Areas and is approved to stay overnight will stay at one of a number of
accommodation providers from a list developed in consultation with the
Association and agreed between the parties subject to the provisions of subclause
11.12 . The Commissioner will pay all accommodation related costs directly to
the accommodation provider.
11.5 Where an officer
performs official duty from a temporary work location not located in the
Newcastle, Sydney or Wollongong metropolitan areas the officer for the first 35
days, may claim either;
11.5.1 the
appropriate rate of allowance specified in Item 1 of Table 4 of PART B Monetary
Rates, for every period of 24 hours absence by the officer from their
residence; and the rate of meal allowances specified in item 3 of Table 4 of
PART B Monetary Rates (excluding morning and afternoon teas) for any residual
part day travel; or
11.5.2 actual
expenses, properly and reasonably incurred for the whole trip on official
business (excluding morning and afternoon teas) together with an incidental
expenses allowance set out in Item 2 of Table 4 of PART B Monetary Rates.
11.6 Payment of
allowance as described in subclause 11.5 above for an absence of less than 24
hours may be made only where the officer satisfies the Commissioner that,
despite the period of absence being of less than 24 hours' duration,
expenditure for accommodation and three meals has been reasonably and
necessarily incurred.
11.7 Where an officer
is unable to so satisfy the Commissioner, the allowance payable for part days
of travel shall be limited to the expenses incurred during such part day
travel.
11.8 After the first
35 days and up to 6 months at a temporary location an officer in receipt of an
allowance as set out in Item 1 of Table 4 of PART B Monetary Rates shall have
that allowance reduced by 50% provided that the reduced allowance paid to
officers located in Broken Hill shall be increased by one fifth.
11.9 Adjustment of
Allowances
Where the Commissioner is satisfied, that an allowance
under subclauses 11.5 and 11.8 is:
11.9.1 insufficient
to adequately reimburse the officer for expenses properly and reasonably
incurred, a further amount may be paid to reimburse the officer for the
additional expenses that may be incurred; or
11.9.2 in
excess of the amount which would adequately reimburse the officer for expenses
properly and reasonably incurred the Commissioner may reduce the allowance to
an amount which would reimburse the officer for expenses incurred reasonably
and properly.
11.9.3 Subject
to other agreed arrangements between the parties the allowance may be varied in
accordance with those arrangements.
11.10 Production of
Receipts
Payment of any actual expenses shall be subject to the
production of receipts, unless the Commissioner is prepared to accept other
evidence from the officer.
11.11 Travelling
Distance
The need to obtain overnight accommodation shall be
determined by the Commissioner having regard to the safety of the officer or
officers travelling on official business and local conditions applicable in the
area. Where officers are required to
perform duty during the evening or officers are required to commence duty early
in a location away from their workplace, overnight accommodation shall be
appropriately granted by the Commissioner.
11.12 Where the
Commissioner exercises the option available in 11.4, the following arrangements
apply;
11.12.1 The
officer may only stay in a property sourced from a schedule of suppliers agreed
between the NSW Police Force and the Police Association of NSW.
11.12.2 Properties
will meet the three star, or three diamond standard.
11.12.3 Any
property that falls below that standard shall be removed from the schedule.
11.12.4 The
Association will not unreasonably withhold agreement to properties on the
schedule.
11.12.5 The
Commissioner may choose from any property on the agreed schedule.
11.12.6 Accommodation
will be provided on the basis of a single room (one officer per room).
11.12.7 The
Commissioner may waive this requirement where there is an operational need.
11.12.8 Officers
being accommodated under this clause will not be liable for any ‘out of pocket’
expenses incurred for accommodation as a result of this arrangement.
11.12.9 Officers
will retain access to meal and incidental rates, where otherwise provided in
this award.
11.13 Review of
Allowances
The parties agree that the Meal, Travelling and related
allowances are to be reviewed in line with advice provided by Department of
Premier and Cabinet Circular from time to time.
12. Provision of
Quarters
12.1 With respect to
Non-Commissioned Officers, "salary", for the purposes of this clause,
means the "Loaded Salary" prescribed by Table 1 - Non-Commissioned
Officers’ (Other than Detectives) Salaries of PART B, Monetary Rates, or the
"Base Salary" prescribed by Table 2 - Detectives’ Salaries of PART B,
Monetary Rates plus the 11.5% Loading as prescribed in Clause 39 of this Award.
With respect to Commissioned Officers, "salary", for the purposes of
this clause, means the "all up" salaries prescribed by Table 3 -
Commissioned Officers’ Salaries of PART B, Monetary Rates of this Award.
12.2 The salary of
officers as defined in subclause 12.1 above is inclusive of an amount of 3%
being an allowance in lieu of quarters.
Officers provided with quarters shall have deducted from their salary,
as defined in subclause 12.1 above, an amount of 3% of such sum.
13. Remote Area -
Living Allowances
13.1 For the purpose
of this clause "Remote Area" means, an area of the State situated on
or to the west of a line starting from the right bank of the Murray River
opposite Swan Hill and then passing through the following towns or localities
in the following order, namely: Conargo, Coleambally, Hay, Rankin’s Springs,
Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Wee
Waa, Moree, Warialda, Ashford and Bonshaw, and includes a place situated in any
such town or locality.
13.2 An Officer shall
be paid an allowance for the increased cost of living and the climatic
conditions in a remote area, if:
13.2.1 indefinitely
stationed and living in a remote area as defined in subclause 13.1 above; or
13.2.2 not
indefinitely stationed in a remote area but because of the difficulty in
obtaining suitable accommodation compelled to live in a remote area as defined
in subclause 13.1 above.
13.3 The grade of
appropriate allowance payable under this clause shall be determined as follows:
13.3.1 Grade A
allowances - the appropriate rate shown as Grade A in Table 5 - Remote Areas -
Living Allowance of PART B, Monetary Rates, in respect of all locations in a
remote area, as defined in subclause 13.1 above, except as specified in
paragraphs 13.3.2 and 13.3.3 of this subclause;
13.3.2 Grade B
allowances - the appropriate rate shown as Grade B in Table 5 - Remote Areas -
Living Allowance of PART B, Monetary Rates, in respect of the towns and
localities of Angledool, Barringun, Bourke, Brewarrina, Clare, Enngonia,
Goodooga, Ivanhoe, Lake Mungo, Lightning Ridge, Louth, Mungindi, Pooncarie,
Redbank, Walgett, Wanaaring, Weilmoringle, White Cliffs, Wilcannia and
Willandra;
13.3.3 Grade C
allowances - the appropriate rate shown as Grade C in Table 5 - Remote Areas -
Living Allowance of PART B, Monetary Rates, in respect of the localities of
Fort Grey, Mutawintji, Mount Wood, Nicoleche, Olive Downs, Tibooburra and
Yethong.
14. Part Time
Employment
14.1 Officers may be
employed on a part time basis for a period of less than 38 hours per week under
guidelines agreed between the parties. While
10 hours per fortnight is generally regarded as a reasonable minimum, the
Commissioner may approve a lesser minimum where it is necessary for the officer
to work fewer hours per fortnight.
14.2 Officers working
under a part time arrangement shall be paid a pro rata of the relevant full
time salary based on the following formula:
Relevant Full Time Salary
|
x
|
Average Weekly
Hours Worked
|
|
|
38
|
14.3 Part time
employment may be worked under an ongoing arrangement (permanent part time
work) or for a defined period of time (part time leave without pay).
14.4 Leave
entitlements for part time officers shall generally be calculated on a pro rata
basis in accordance with the average weekly hours worked.
14.5 Increments for
part time officers shall be paid at the normal date with salary paid on a pro
rata basis subject to the competency and performance requirements outlined in
clauses 58 and 67 of this Award.
15. Local
Arrangements
15.1 Local
arrangements, as specified in this Award, may be negotiated between the
Commissioner and the Association in respect to:
15.1.1 any
organisational unit within the New South Wales Police Force or part thereof;
15.1.2 a
particular group of officers; or
15.1.3 a
particular duty type.
15.2 All local
arrangements negotiated between the Commissioner and the Association must be
contained in a formal document, such as an agreement made pursuant to s87 of
the Police Act 1990, a co-lateral agreement, a memorandum of
understanding, an award, an enterprise agreement or other industrial
instrument.
15.3 Local
arrangements shall not result in any net disadvantage to officers in terms of
their total remuneration and conditions of employment.
SECTION 2
LEAVE
16. Leave Generally
16.1 Except as
otherwise provided for in this Section the leave entitlements of officers are
prescribed by Part 6 of the Police Regulation, 2008.
17. Applications for
Leave
17.1 An application by
an officer for leave under this Section shall be made to and be dealt with by
the Commissioner. For the purpose of this Section any reference to the
Commissioner shall mean either the Commissioner or any other member of the New
South Wales Police Force with the delegated authority to approve leave pursuant
to section 31 of the Police Act 1990.
17.2 The Commissioner,
in dealing with any such application must have regard to the operational
requirements of the New South Wales Police Force, but as far as practicable is
to deal with the application in accordance with the wishes of the officer.
18. Annual Leave
18.1 Annual leave on
full pay accrues to a Non-Commissioned Officer at the rate of 6 weeks (228
working hours) per year.
18.2 Annual leave on
full pay accrues to a Commissioned Officer;
18.2.1 at the rate
of 5 weeks (190 working hours) per
year, or
18.2.2 at the rate of 6
weeks (228 working hours) if the officer qualifies for 3 or more additional
working days leave in accordance with subclause 18.5 and is regularly rostered
to work shift work on Sundays and Public Holidays.
18.3 Annual leave
shall be debited in accordance with the ordinary hours the officer would have
been rostered to work had they not been on leave. Provided further that those Commissioned Officers referred to in
paragraph 18.2.1, shall be debited 7.6 hours for each working day taken as
annual leave.
18.4 An officer while
attached to a police station within the Western or Central Division (within the
meaning of the Crown Lands Consolidation Act 1913, as in force
immediately before its repeal) accrues additional annual leave on full pay at
the rate of 38 working hours per year, or pro rata where only part of the year
is spent attached to a police station or stations within the qualifying zones.
18.5 An officer who is
rostered to work their ordinary hours of duty on a Sunday or public holiday
shall, on the completion of the relevant qualifying period, accrue additional
annual leave on full pay on the following basis:
Number of ordinary
rostered shifts worked on
|
|
Sundays and/or
Public Holidays during a qualifying
|
Additional Annual
Leave
|
period.
|
|
4-10
|
1 additional working day
|
11-17
|
2 additional working days
|
18-24
|
3 additional working days
|
25-31
|
4 additional working days
|
32 or more
|
5 additional working days
|
For the purpose of this subclause:
18.5.1 Any
ordinary rostered shift, the major portion of which is worked on a Sunday or
Public Holiday shall be deemed to be an ordinary shift worked on a Sunday or
Public Holiday.
18.5.2 A
qualifying period shall mean the period commencing 12 months from 1 December
each year.
18.6 An officer shall
accrue additional annual leave on full pay at the rate of 7.6 working hours for
each holiday publicly observed throughout the State, other than the days on
which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day or Boxing Day are
publicly observed.
18.7 At least 2
consecutive weeks annual leave shall be taken by an officer every 12 months
except where an officer has insufficient leave to credit.
18.8 Each officer
shall manage their leave to ensure there is no accrual of leave above 9 weeks
(342 working hours), except as provided for at subclause 18.12 - Conservation
of Leave.
18.9 The Commissioner
shall notify an officer in writing when the projected accrual of leave within
any 12 month period will exceed 342 working hours and the officer shall (except
as provided for at subclause 18.12), roster sufficient annual leave in order
that their projected accrual of leave will not exceed 342 working hours.
18.10 Where insufficient
annual leave has been nominated by an officer to reduce their projected leave
accrual below 342 working hours, the Commissioner may direct an officer to take
annual leave at any time of the year, subject to a reasonable period of notice
being not less than four weeks.
18.11 As far as
practicable, the Commissioner shall take into account the wishes of the officer
in respect of the rostering of annual leave, but shall be required to balance
the needs of the organisation with the wishes of the officer.
18.12 Conservation of
Leave - If an officer is prevented by operational (as advised by their
supervisor) or personal reasons from taking sufficient annual leave to maintain
accrued leave at a level below 342 working hours, the Commissioner shall enter
into a written agreement with the officer approving the accrual of annual leave
above 342 working hours. Such agreement
will include the reasons for the accrual and the manner and time at which leave
will be reduced below 342 working hours.
18.13 Annual Leave will
generally be taken in periods of one week or multiples of one week inclusive of
any Rest Days or Recurrent Leave Days.
Lesser periods of Annual Leave may be taken by agreement between the
Officer and their Commander/Manager.
18.14 The Commissioner
shall inform an officer in writing on a regular basis of the officer’s annual
leave accrual.
18.15 Termination of
services
18.15.1 An
officer who resigns or retires or whose services are otherwise terminated
(except by death) is, on cessation of employment, entitled to be paid
immediately, instead of annual leave accrued and remaining untaken, the money
value of that leave as a gratuity.
18.15.2 An
officer to whom paragraph 18.15.1 above applies may elect to take either the
whole or part of the annual leave accrued and remaining untaken at cessation of
active duty as annual leave on full pay instead of taking the money value of
that leave as a gratuity.
18.15.3 If an
officer has acquired a right to annual leave with pay and dies before entering
on it, or after entering on it dies before its termination:
(a) the officer's
surviving spouse, or
(b) if there is no
such surviving spouse, the officer's children, or
(c) if there is no
such surviving spouse or child, a person who, in the opinion of the Commissioner,
was, at the time of the officer's death, a dependant relative of the officer,
is entitled to receive the money value of the leave not
taken.
18.15.4 If there
is a guardian of any children entitled under paragraph 18.15.3, the payment to
which those children are entitled may be made to that guardian for their
maintenance, education and advancement.
18.15.5 If there
is no person entitled under paragraph 18.15.3 to receive the money value of any
leave not taken or not completed by an officer or which would have accrued to
an officer, the payment is to be made to the officer's personal
representatives.
18.15.6 If
payment of the money value of leave has been made under this clause, the Crown
and the Commissioner cease to be liable for payment of any amount in respect of
that leave.
18.15.7 In this
subclause, "surviving spouse" of an officer who has died includes any
person who, immediately before the death, was in a de facto relationship
(within the meaning of the Property (Relationships) Act 1984) with the
officer.
18.16 Accrual of Annual
Leave While on Extended Leave, Sick Leave
18.16.1 Annual
leave accrues in respect of any period an officer is on extended leave on full
pay, but during one-half only of any period of extended leave on half pay.
18.16.2 Annual
leave accrues in respect of any period during which an officer is on sick leave
(whether with or without pay) and in respect of any period of leave without pay
granted on account of incapacity for which compensation has been authorised to
be paid under the Workers Compensation Act 1987.
18.17 Accrual of Annual
Leave While Suspended Without Pay
18.17.1 Annual
leave does not accrue in respect of any period an officer is suspended without
pay in accordance with Regulation 51 Police Regulation 2008 except as provided
at 18.17.2.
18.17.2 Where an
officer ceases to be suspended without pay and is not terminated pursuant to s
181D of the Police Act 1990 (NSW), annual leave accrues in respect of
any such period of suspension without pay.
18.17.3 For the
purposes of this provision, pay does not include maintenance payments made
under Regulation 51 (3) of Police Regulation 2008.
18.17.4 This
clause only applies to an officer who commences a period of suspension without
pay on or after the day following the making of this award.
19. Purchased Leave
19.1 An officer may
apply to enter into an agreement with the Commissioner to purchase either 2
weeks (76 working hours) or 4 weeks (152 working hours) additional leave in a
12 month period.
19.1.1 Each
application will be considered subject to operational requirements and personal
needs and will take into account NSW Police Force business needs and work
demands.
19.1.2 The
leave must be taken in the 12 month period specified in the ‘Purchased Leave
Agreement’.
19.1.3 The
leave will count as service for all purposes.
19.2 The purchased
leave will be funded through the reduction in the officer’s ordinary rate of
pay.
19.2.1 For the
purpose of this clause "Ordinary Rate of Pay" means an officer’s base
salary plus any loadings or allowances in the nature of salary.
19.2.2 "Purchased
leave rate of pay" means the rate of pay an officer receives when their
ordinary rate of pay has been reduced to cover the cost of purchased
leave.
19.2.3 To calculate
the purchased leave rate of pay, the officer’s ordinary rate of pay will be
reduced by the number of weeks of purchased leave and then annualised at a pro
rata rate over the 12 month period.
19.3 Purchased leave
is subject to the following provisions:
19.3.1 The
purchased leave cannot be accrued and will be refunded where it has not been
taken in the 12 month period.
19.3.2 Other
leave taken during the 12 month purchased leave agreement period i.e. sick
leave, annual leave, extended leave or time off in lieu will be paid at the
purchased leave rate of pay.
19.3.3 Sick
leave cannot be taken during a period of purchased leave.
19.3.4 The
purchased leave rate of pay will be the salary for all purposes including
superannuation.
19.3.5 Overtime
and salary related allowances not paid during periods of annual leave will be
calculated using the officer’s hourly rate based on the base salary rate.
19.3.6 Relieving
Duties Allowance will not be paid when a period of purchased leave is taken.
19.4 Specific
conditions governing purchased leave may be amended from time to time by the
Director of Public Employment in consultation with the Association. The NSW Police Force may make adjustments
relating to their salary administration arrangements.
20. Extended Leave
20.1 Except as
otherwise provided for in this clause the extended leave entitlements of
officers are prescribed by Part 6, Division 2 of the Police Regulation, 2008.
20.2 Entitlement To
Extended Leave
20.2.1 Subject
to this Clause, an officer is entitled:
(a) after service
for 7 years, to an amount of leave proportionate to an officer’s length of
service (up to 10 years), calculated on the basis of 2 months (334.4 working
hours) on full pay or 4 months (668.8 working hours) on half pay, or 1 month
(167.2 working hours) on double pay for 10 years served, and
(b) after service
for more than 10 years, to:
(i) leave as
provided by subparagraph (a) above, and
(ii) in addition,
an amount of leave proportionate to the officer’s length of service after 10 years, calculated on the basis of 5
months (836 working hours) on full pay, or 10 months (1,672 working hours) on
half pay, or 2.5 months (418 working hours) on double pay for 10 years served
after service for 10 years.
20.2.2 For the
purpose of calculating the entitlement of an officer to extended leave under
this subclause at any time:
(a) there must be
deducted from the amount of extended leave to which, but for this paragraph,
that officer would be entitled:
(i) any extended
leave, or leave in the nature of extended leave, and
(ii) the
equivalent, in extended leave, of any benefit instead of extended leave or
leave in the nature of extended leave, and
(b) taken or
received by that officer before that time, and
(c) the provisions
of Schedule 3A to the Public Sector Employment and Management Act 2002 have
effect.
20.2.3 If the
services of an officer with at least 5 years' service and less than 7 years'
service are terminated (otherwise than by the making of an order pursuant
to section 181D of the Police Act
1990):
(a) by the Crown,
the Governor or the Commissioner for any reason other than the officer's
serious and intentional misconduct, or
(b) by the officer
on account of illness, incapacity or domestic or other pressing necessity, the officer is entitled:
(c) for 5 years'
service, to 1 month's leave (167.2 working hours) on full pay, and
(d) for service
after 5 years, to a proportionate amount of leave on full pay calculated on the
basis of 3 months' leave (501.6 working hours) for 15 years' service.
20.2.4 For the
purposes of subclause 20.2.1 above, "service" includes:
(a) service under
the Teaching Services Act 1980, and
(b) any period of
leave without pay taken before the commencement of the Public Service and
Other Statutory Bodies (Extended Leave) Amendment Act 1963, and
(c) in the case of
an officer who has completed at least 7 years' service, any period of leave
without pay, not exceeding 6 months, taken after that commencement.
20.2.5 In
subparagraph (c) of 20.2.4, for the purpose of determining whether or not an
officer has completed at least 7 years' service, the officer's period of
service is to be taken:
(a) to include any
period of leave without pay taken before the commencement of the Public
Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963 and
(b) to exclude any
period of leave without pay taken after that commencement.
20.3 Debiting Extended
Leave
20.3.1 Where
an officer is granted sufficient extended leave to enable a complete rostered
week to be taken as extended leave, then the officer’s credit of extended leave
shall be debited by 38 hours and the officer shall be deemed to be on extended
leave for the entire rostered week, inclusive of rest days, recurrent leave
days and public holidays.
20.3.2 Where
an officer seeks and is granted sufficient extended leave to enable a lesser
period than a complete rostered week to be taken as extended leave, inclusive
of rest days and recurrent leave days, then the officer’s extended leave
credits will be debited by the hours the officer would have otherwise worked in
accordance with the roster had the officer not been on extended leave. Provided
further that a Commissioned Officer with an annual leave entitlement of 5 weeks
(190 working hours) shall be debited 7.6 hours for each working day taken as
extended leave.
20.3.3 An
officer may apply for extended leave at double pay. Where such leave is granted and taken, the amount of extended
leave debited from the officer’s entitlement shall be double of that which
would otherwise be debited if the officer had applied for extended leave at
full pay.
20.3.4 Public
Holidays that fall whilst an officer is on extended leave shall be paid and not
debited from the officer’s extended leave entitlement.
20.3.5 Prior
to entering on extended leave and/or immediately following resumption, an
officer’s ordinary working hours shall, if necessary, be adjusted so that the officer’s ordinary hours average 38 per
week for that part of the roster period not included in the period of extended
leave.
20.4 Entitlement to
Gratuity Instead of Extended Leave
An officer who has acquired a right to extended leave
with pay is entitled, immediately on the termination of the officer's services,
to be paid instead of that leave the money value of the extended leave as a
gratuity in addition to any gratuity to which the officer may be otherwise
entitled.
20.5 Payment Where
Officer Has Died
20.5.1 If an
officer has acquired a right to extended leave with pay and dies before
starting it, or after starting it dies before completing it:
(a) the officer's
surviving spouse, or
(b) if there is no
such surviving spouse, the officer's children, or
(c) if there is no
such surviving spouse or child, a person who, in the opinion of the
Commissioner, was, at the time of the officer's death, a dependant relative of
the officer,
is entitled to receive the money value of the leave not
taken, or not completed, calculated at the rate of salary that the officer
received at the time of his or her death, less any amount paid to the officer
in respect of the leave not taken, or not completed.
20.5.2 If an
officer with at least 5 years' service as an adult and less than 7 years'
service dies:
(a) the officer's
surviving spouse, or
(b) if there is no
such surviving spouse, the officer's children, or
(c) if there is no
such surviving spouse or child, the persons who, in the opinion of the
Commissioner, were, at the time of the death of the officer, dependant
relatives of the officer,
is or are entitled to receive the money value of the
leave which would have accrued to the officer had her or his services
terminated, calculated at the rate of salary that the officer was receiving at
the time of his or her death.
20.5.3 If there
is a guardian of any children entitled under paragraph (a) or (b), the payment
to which those children are entitled may be made to that guardian for their
maintenance, education and advancement.
20.5.4 If
there is no person entitled under paragraph 20.5.1 or 20.5.2 to receive the
money value of any leave not taken or not completed by an officer or which
would have accrued to an officer, payment in respect of that leave must be made
to the officer's personal representatives.
20.5.5 Any
payment under this clause is in addition to any payment due under any Act under
which superannuation benefits are paid.
20.5.6 If
payment of the money value of leave has been made under this clause, the Crown
and the Commissioner cease to be liable for payment of any amount in respect of
that leave.
20.5.7 In this
subclause, "surviving spouse" of an officer who has died includes any
person who, immediately before the death, was in a de facto relationship
(within the meaning of the Property (Relationships) Act 1984) with the
officer.
21. Sick Leave
21.1 Except as
otherwise provided for in this clause, the sick leave entitlements of officers
are prescribed by Part 6, Division 8 of the Police Regulation, 2008.
21.2 Authority to
grant sick leave
21.2.1 Subject
to the provisions of this clause, if the Commissioner is satisfied that an
officer is unable to perform her or his duty because of illness, the
Commissioner:
(a) must grant the officer
sick leave on full pay, and
(b) may grant the
officer sick leave without pay if the absence of the officer exceeds his or her
entitlement to sick leave on full pay under this clause.
21.2.2 An
officer may elect to take available annual or extended leave instead of sick
leave without pay.
21.2.3 Payment
for sick leave is subject to the Officer;
(a) Informing their
supervisor as soon as reasonably practicable that they are unable to perform
duty because of illness; and
(b) stating the
nature of the illness or injury and estimated duration of the absence at the
time of notifying their manager; and
(c) Providing
evidence of illness as soon as practicable as required by this clause.
21.2.4 If an
officer is concerned about disclosing the nature of the illness to their
supervisor they may elect to have the application for sick leave dealt with
confidentially by an alternative manager or the human resources section of the
NSW Police Force.
21.3 Requirements For
Medical Evidence
21.3.1 A
reference in this clause to medical evidence of illness shall apply, as
appropriate:
(a) up to one week
may be provided by a registered dentist, optometrist, chiropractor, osteopath,
physiotherapist, oral and maxillofacial surgeon or, at the Commissioner's
discretion, another registered health services provider,
(b) where the
absence exceeds one week, and unless the health provider listed in
sub-paragraph (a) of this subclause is also a registered medical practitioner,
applications for any further sick leave must be supported by evidence of
illness from a registered medical practitioner, or
(c) at the
Commissioner’s discretion, other forms of evidence that satisfy that the
officer had a genuine illness.
21.3.2 As a
general practice backdated medical certificates will not be accepted. However if an officer provides evidence of
illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the Commissioner is satisfied that the
reason for the absence is genuine.
21.3.3 An
officer absent from duty because of illness:
(a) in respect of
any such absence in excess of 2 consecutive working days, must furnish medical
evidence to the Commissioner, or
(b) in respect of
any such absence of 2 consecutive working days or less, must if required to do
so by the Commissioner, furnish medical evidence to the Commissioner.
(c) In addition to
the requirements under paragraph 21.2.3, an officer may absent themselves for a
total of 5 working days per annum due to illness without the provision of
evidence of illness to the Commissioner.
Officers who absent themselves in excess of 5 working days in a year may
be required to furnish evidence of illness to the Commissioner for each
occasion absent for the balance of the calendar year.
21.3.4 Despite
paragraph 21.3.1, the Commissioner may at any time require an officer who has
been granted sick leave to furnish medical evidence of the inability of the
officer to resume duty.
21.3.5 If the
Commissioner is concerned about the diagnosis described in the evidence of
illness produced by the officer, after discussion with the officer, the
evidence provided and the officer's application for leave can be referred to a
medical practitioner chosen by the Commissioner.
(a) The type of
leave granted to the officer will be determined by the Commissioner on the
advice of a medical practitioner chosen by the Commissioner.
(b) If sick leave is
not granted, the Commissioner will, as far as practicable, take into account
the wishes of the officer when determining the type of leave granted.
21.3.6 An
officer may elect to have an application for sick leave dealt with
confidentially by a medical practitioner in accordance with such procedures as
may be determined from time to time by the Commissioner.
21.3.7 Where
an officer on annual leave or extended leave furnishes to the Commissioner a
satisfactory medical certificate in respect of illness occurring during that
leave, the Commissioner may, subject to the provisions of this subclause, grant
sick leave to the officer for the following period:
(a) in the case of
an officer on annual leave, the period set out in the medical certificate,
(b) in the case of
an officer on extended leave, the period set out in the medical certificate,
unless that period is less than 7 calendar days.
21.3.8 Paragraph
21.3.7 applies to all officers other than those on leave prior to resignation
or termination of services, unless the resignation or termination of services
amounts to a retirement.
21.3.9 Paragraph
21.3.7 does not apply to sick leave that has been taken for carer’s leave
purposes in accordance with clause 22 of this Award (Sick Leave to Care for a
Family Member).
21.4 Sick Leave
Entitlements
21.4.1 Sick
leave on full pay accrues to an officer at the rate of 15 working days (114
working hours) each calendar year, and any such accrued leave, which is not
taken, is cumulative.
21.4.2 Sick
leave shall be debited in accordance with the ordinary hours the officer would
have worked had they not been absent on sick leave. Provided further that a
Commissioned Officer with an annual leave entitlement of 5 weeks (190 working
hours) shall be debited 7.6 hours for each working day taken as extended leave.
21.4.3 Sick
leave on full pay accrues at the beginning of the calendar year, but if an
officer is appointed during a calendar year, sick leave on full pay accrues on
the date the officer commences duty at the rate of one and a quarter working
days (9.5 working hours) for each complete month before the next 1 January.
21.5 Recredit Of Rest
Days - Non Commissioned Officers
Any Non-Commissioned Officer classified as a seven day
shift worker who is sick on two or more rest days in any rostered week may
elect to have the second and subsequent rest days recredited and have their
sick leave debited accordingly. Such recredited
rest days will be taken as rest days in lieu at a mutually convenient time in
the current or next roster period. The
number of hours to be debited from sick leave on a rest day when sick shall be
the number of rostered hours that would have otherwise been worked on the day
or days taken as rest day(s) in lieu.
Provided further that no more than three rest days can be recredited for
any one continuous period of sick leave.
21.6 Payment During
Initial Period Of Service
21.6.1 No more
than 5 working days’ (38 working hours) sick leave is to be granted to an
officer during the first 3 months of service unless a satisfactory medical
certificate in respect of each absence is furnished.
21.6.2 On
completion of the first 12 months' service, payment may be made to an officer
for such portion of sick leave taken without pay during the first 3 months of
that service as, with the addition of all sick leave on full pay granted during
that period of 12 months, does not exceed a total of 15 working days (114
working hours).
21.7 Procedure Where Workers
Compensation Claimed
21.7.1 This
paragraph applies where an officer is or becomes unable to attend for duty or
to continue on duty in circumstances which may give the officer a right to
claim compensation under the Workers Compensation Act 1987.
21.7.2 If an
officer has made a claim for any such compensation, the officer may, pending
the determination of that claim and subject to the provisions of this clause
and to sub-paragraph 21.3.5(a) and paragraph 21.3.7, be granted by the
Commissioner sick leave on full pay for which the officer is eligible, and if
that claim is accepted the equivalent period of any such sick leave is to be
restored to the credit of the officer.
21.7.3 If an
officer who is required to submit to a medical examination under the Workers
Compensation Act 1987 in relation to a claim for compensation under that
Act refuses to submit to or in any way obstructs any such examination the
officer is not to be granted sick leave on full pay until that examination has
taken place and a medical certificate has been given indicating that the
officer is not fit to resume duty.
21.7.4 If, as
a result of any such medical examination:
(a) a certificate is
given under the Workers Compensation Act 1987 setting out the condition
and fitness for employment of the officer or the kind of employment for which
the officer is fit, and
(b) the Commissioner
makes available to the officer employment falling within the terms of that
certificate, and
(c) the officer
refuses or fails to resume or perform the employment so provided,
all payments in accordance with this clause are to
cease from the date of that refusal or failure.
21.7.5 Despite
sub paragraph 21.7.4(b), if there is a commutation of weekly payments of
compensation by the payment of a lump sum pursuant to section 87F of the Workers
Compensation Act 1987, there will then be no further sick leave granted on
full pay.
21.8 Procedure Where
Other Claim Has Been Made
21.8.1 This
paragraph applies if the circumstances of any injury to or illness of an
officer may give rise to a claim for damages or to compensation, other than
compensation under the Workers Compensation Act 1987.
21.8.2 Sick
leave on full pay may, subject to and in accordance with this clause, be
granted to an officer on completion of an undertaking by the officer in a form
approved by the Commissioner:
(a) that any such
claim if made will include a claim for the value of any period of sick leave on
full pay granted, and
(b) that, if the
officer receives or recovers damages or compensation pursuant to that claim for
loss of salary during any such period of sick leave, the officer will repay to
the Commissioner such money as is paid by the Commissioner in respect of any
such period of sick leave.
21.8.3 Sick
leave on full pay is not to be granted to an officer who refuses or fails to
complete such an undertaking, except with the express approval of the
Commissioner given on the grounds that the refusal or failure is unavoidable in
the circumstances.
21.8.4 On
repayment made to the Commissioner pursuant to an undertaking given by an
officer, sick leave equivalent to that repayment, calculated at the ordinary
rate of pay of the officer, is to be restored to the credit of the officer.
22. Sick Leave to
Care for a Family Member
22.1 Where family and
community service leave provided in clause 30 is exhausted, an officer with
responsibilities in relation to a category of person set out in paragraph
22.1.3 of this clause who needs the officer’s care and support, may elect to
use available paid sick leave, subject to the conditions specified in this
subclause, to provide such care and support when a family member is ill, or who
require care due to an unexpected emergency.
Such leave may be taken for part of a single shift.
22.1.1 The
sick leave shall initially be taken from the current leave year’s entitlement
followed, if necessary, by the sick leave accumulated over the previous three
years. In special circumstances, the
Commissioner may grant additional sick leave from the sick leave accumulated
during the officer’s eligible service.
22.1.2 The
officer shall, if required,
(a) establish either
by production of medical evidence consistent with the requirements of paragraph
21.3.1, the illness of the person concerned and that the illness is such as to
require care by another person, or
(b) 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, an officer must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
22.1.3 The
entitlement to use sick leave in accordance with this clause is subject to;
(a) the officer
being responsible for the care and support of the person concerned; and
(b) the person
concerned being;
a spouse of the officer, or
a de facto spouse, being a person of the opposite sex
to the officer who lives with the officer as her husband or his wife on a bona
fide domestic basis although not legally married to that officer; or
a child or an adult child (including an adopted child,
a stepchild, a foster child or an ex nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the officer
or of the spouse or of the de facto spouse of the officer; or
a same sex partner who lives with the officer as the de
facto partner of that officer on a bona fide domestic basis; or a relative of
the officer who is a member of the same household, where for the purposes of
this definition.
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
23. Maternity Leave
23.1 An officer who is
pregnant shall, subject to this clause, be entitled to be granted maternity
leave as follows:
23.1.1 for a
period up to 9 weeks prior to the expected date of birth; and
23.1.2 for a
further period of up to 12 months after the actual date of birth.
23.2 An officer who
has been granted Maternity Leave may, with the permission of the Commissioner,
take leave after the actual date of birth:
23.2.1 full-time
for a period of up to 12 months; or
23.2.2 part-time
for a period of up to 2 years; or
23.2.3 as a
combination of full-time and part-time over a proportionate period up to two
years.
23.3 An officer who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
23.4 An officer who
resumes duty before her child's first birthday or on the expiration of 12
months from the date of birth of her child shall be entitled to resume duty in
the position occupied by her immediately before the commencement of maternity
leave, if the position still exists.
23.5 If the position
occupied by the officer immediately prior to the taking of maternity leave has
ceased to exist, but there are other positions available that the officer is
qualified for and is capable of performing, the officer shall be appointed to a
position of the same rank as the officer’s former position.
23.6 An officer who:
23.6.1 applied
for maternity leave within the time and in the manner determined by the
Commissioner; and
23.6.2 prior
to the expected date of birth, completed not less than 40 weeks' continuous
service, shall be paid at her ordinary rate of pay for a period not exceeding
14 weeks or the period of maternity leave taken, whichever is the lesser
period.
23.7 Except as
provided in subclause 23.6 of this clause, maternity leave shall be granted
without pay.
24. Parental Leave
24.1 Parental Leave
shall be granted as follows:
24.1.1 Short
Term Parental leave - an unbroken period of up to one week at the time of the
birth of the child or other termination of the pregnancy. See also paragraph
26.1.1 Right to Request Additional Maternity, Parental or Adoption Leave.
24.1.2 Extended
Parental leave - not exceeding 12 months. Further Parental Leave may be granted
in terms outlined under paragraph 26.1.2 Right to Request Additional Maternity,
Parental or Adoption Leave.
24.2 Extended Parental
leave may commence at any time up to 2 years from the date of birth or adoption
of the child.
24.3 Extended Parental
leave:
24.3.1 may be
taken full-time for a period not exceeding 12 months, or
24.3.2 may be
taken part-time over a period not exceeding 2 years, or
24.3.3 may be
taken partly full-time and partly part-time over a proportionate period.
24.3.4 Extended
Parental leave may then continue under the terms outlined in paragraph 26.1.3
of subclause 26.1 Right to Request Additional, Maternity, Parental or Adoption
Leave.
24.4 An officer who
resumes duty immediately on the expiration of parental leave:
24.4.1 if the
position occupied by the officer immediately before the commencement of that
leave still exists, is entitled to be placed in that position, or
24.4.2 if the
position so occupied by the officer has ceased to exist, is entitled to be
appointed (subject to the availability of other suitable positions) to another
position for which the officer is qualified.
24.5 An officer who:
24.5.1 applied
for parental leave within the time and in the manner determined by the
Commissioner; and
24.5.2 prior
to the expected date of birth or adoption, completed not less than 40 weeks'
continuous service, shall be paid at the ordinary rate of pay for a period not
exceeding 1 week or the period of parental leave taken, whichever is the lesser
period.
24.6 Except as
provided in subclause 24.5 of this clause, parental leave is to be granted
without pay.
25. Adoption Leave
25.1 An officer who
adopts, and becomes the primary care-giver for, a child:
25.1.1 if the
child has not commenced school at the date of the taking of custody, is
entitled to be granted adoption leave for a maximum period of 12 months, or
25.1.2 if the
child has commenced school at that date, may be granted adoption leave for such
period (not exceeding 12 months on a full-time basis) as the Commissioner may
determine.
25.2 Adoption leave
referred to in sub clause 25.1:
25.2.1 may be
taken full-time for a period not exceeding 12 months, or
25.2.2 may be
taken part-time over a period not exceeding 2 years, or
25.2.3 may be
taken partly full-time and partly part-time over a proportionate period,
25.2.4 Adoption
leave may then continue under the terms outlined in paragraphs 26.1.2 and
26.1.3 Right to Request Additional, Maternity, Parental or Adoption leave.
as the Commissioner may permit.
25.3 Adoption leave
commences on the date when the officer takes custody of the child concerned,
whether that date is before or after the date on which a court makes an order
for the adoption of the child by the officer.
25.4 An officer who
resumes duty immediately on the expiration of adoption leave:
25.4.1 if the
position occupied by the officer immediately before the commencement of that
leave still exists, is entitled to be placed in that position, or
25.4.2 if the
position so occupied by the officer has ceased to exist, is entitled to be
appointed (subject to the availability of other suitable positions) to another
position for which the officer is qualified.
25.5 Except as
otherwise provided by subclause 25.6, adoption leave is to be granted without
pay.
25.6 An officer who:
25.6.1 applies
for adoption leave within such time and in such manner as the Commissioner may
from time to time determine, and
25.6.2 prior
to the commencement of adoption leave, completes not less than 40 weeks'
continuous service,
is entitled to payment at her or his ordinary rate of
pay for a period of 14 weeks of adoption leave or the period of adoption leave
taken, whichever is the shorter period.
26. Right to Request
Additional Maternity, Parental Or Adoption Leave
26.1 An officer who
has been granted maternity, parental, or adoption leave in accordance with
clauses 23, 24 or 25 of this Award may make a request to the Commissioner to;
26.1.1 extend
a period of short term parental leave as provided for in subclause 24.1 of this
Award to an unbroken period of 8 weeks;
26.1.2 extend
the period of unpaid maternity, parental, or adoption leave for a further
continuous period of leave not exceeding 12 months;
26.1.3 return
from a period of full time maternity, parental or adoption leave on a part time
basis until the child reaches school age;
to assist the officer in reconciling work and parental
responsibilities.
26.2 The Commissioner
shall consider the request having regard to the officer’s circumstances and,
provided the request is genuinely based on the officer’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or operational requirements. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
27. Communication
During Maternity, Parental Or Adoption
Leave
27.1 Where an officer
is on maternity, parental or adoption
leave and a definite decision has been made to introduce significant change at
the workplace, the Commissioner shall take reasonable steps to;
27.1.1 make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the officer held
before commencing maternity, parental or adoption leave; and
27.1.2 provide
an opportunity for the officer to discuss any significant effect the change
will have on the status or responsibility level of the position the officer
held before commencing maternity, parental or adoption leave.
27.2 The officer shall
take reasonable steps to inform the Commissioner about any significant matter
that will affect the officer’s decision regarding the duration of maternity,
parental or adoption leave to be taken, whether the officer intends to return
to work and whether the officer intends to return to work on a part-time basis.
27.3 The officer shall
also notify the Commissioner of changes of address or other contact details
which might affect the Commissioner’s capacity to comply with subclause 27.1.
28. Accrual of Leave
While on Maternity, Parental Or Adoption Leave
28.1 For the purpose
of accrual of leave by an officer:
28.1.1 any
period of maternity leave or adoption leave in respect of which payment was
made at the rate of full pay is to be counted as service, and
28.1.2 half of
any period of maternity leave or adoption leave in respect of which payment was
made at the rate of half pay is to be counted as service.
28.2 For the purpose
of accrual of leave by an officer, any period of maternity leave, adoption
leave or parental leave taken as leave without pay is not to be counted as
service except as provided by clause 19, Extended Leave.
29. Incremental
Progression While on Maternity Leave, Adoption Leave Or Parental Leave
29.1 For the purpose
of payment of any increment to an officer:
29.1.1 a
period of maternity leave or adoption leave in respect of which payment was
made at the rate of full pay or half pay is to be counted as service, and
29.1.2 a
period of any maternity leave, adoption leave or parental leave without pay is
not to be counted as service.
30. Family and
Community Service Leave
30.1 The Commissioner
shall, in the case of emergencies or in personal or domestic circumstances,
grant to an officer some or all of the available family and community service
leave on full pay.
30.2 Such cases may
include but not be limited to the following:
30.2.1 compassionate
grounds - such as the death or illness of a close member of the family or an
officer or the officer’s household;
30.2.2 accommodation
matters up to one day - such as attendance at court as defendant in an eviction
action, arranging accommodation, or when required to remove furniture and
effects;
30.2.3 emergency
or weather conditions - such as when flood, fire or snow etc. threaten property
and/or prevent an officer from reporting for duty;
30.2.4 other
personal circumstances - such as citizenship ceremonies, parent/teacher
interviews or attending child's school for other reasons;
30.3 An officer is not
to be granted family and community service leave for attendance at court to
answer a criminal charge unless the Commissioner approves the grant of leave in
the particular case.
30.4 The maximum
amount of family and community service leave on full pay that may be granted to
an officer is:
30.4.1 two and
a half working days (19 working hours) during the first year of service, and 5
working days (38 working hours) in any
period of 2 years after the first year of service, or;
30.4.2 after
the completion of 2 years service, 7.6 working hours for each completed year of
service on or after 1 January 1995 and 8 working hours for each completed year
of service prior to 1 January 1995, less any period of family and community
service leave already taken by the officer.
30.5 Family and
community service leave shall be debited in accordance with the ordinary hours
the officer would have worked had they not been absent on such leave. Provided
further that a Commissioned Officer with an annual leave entitlement of 5 weeks
(190 hours) shall be debited 7.6 hours for each working day taken as family and
community service leave.
30.6 The Commissioner
may grant up to 5 working days' (38 working hours) family and community service
leave without pay to an officer in any period of one year if the amount of paid
family and community service leave available to the officer for that period has
been used.
30.7 The amount of any
family and community service leave without pay that may be granted under
paragraph 30.6 in any period of one year is to be reduced by the amount of any
paid family and community service leave already taken by the officer in the
same period.
31. Leave Without Pay
31.1 The Commissioner
may grant leave without pay to an officer for a period not exceeding 3 years if
good and sufficient reason is shown.
31.2 Leave without pay
is subject to such conditions as the Commissioner may from time to time
determine.
31.3 Leave without pay
may be granted on a full-time or a part-time basis.
31.4 Leave without pay
is not to be counted as service for the purposes of:
31.4.1 accrual
of annual leave or sick leave, or
31.4.2 the
payment of any increment.
31.5 Leave without pay
is not to be counted as service for the purposes of:
31.5.1 any
qualification for promotion within the rank of constable, or
31.5.2 the
period of any probation.
31.6 This clause does
not apply to leave without pay that is sick leave, maternity leave, adoption
leave or parental leave.
32. Military Leave
32.1 During the period
of 12 months commencing on 1 July each year, the Commissioner may grant to an
officer who is a volunteer part-time member of the Defence Forces, military
leave on full pay to undertake compulsory annual training and to attend
schools, classes or courses of instruction conducted by the officer’s unit.
32.2 Up to 24 working
days (182.4 working hours) military leave per year may be granted by the
Commissioner to members of the Naval and Military Reserves and up to 28 working
days (212.8 working hours) per year to members of the Air Force Reserve for the
activities specified in subclause 32.1 of this clause.
32.3 At the expiration
of military leave, the officer shall furnish to the Commissioner a certificate
of attendance signed by the commanding officer or other responsible officer.
33. Special Leave
33.1 Special leave on
full pay is to be granted to officers:
33.1.1 for the
purpose of attending at any examination under the Police Act 1990 or the Police
Regulation 2008, and
33.1.2 up to a
maximum of 38 working hours in any 1 year for the purpose of attending at any
other examination approved by the Commissioner for the purposes of this subclause.
33.2 Special leave
granted under subclause 33.1 for the purposes of attending at an examination is
to include leave for any necessary travel to or from the place at which the
examination is held.
33.3 Special leave on
full pay may be granted to officers for such other purposes and during such
periods and subject to such conditions as may be determined from time to time
by the Public Sector Workforce Office.
SECTION 3
ASSOCIATION
ACTIVITIES
34. Association
Activities Regarded as Special Leave
34.1 The granting of
special leave with pay will apply to the following activities undertaken by an
Association delegate, as specified below:
34.1.1 annual
or biennial conferences of the delegate's union;
34.1.2 meetings
of the union's Executive, Committee of Management or Councils;
34.1.3 annual
conference of Unions NSW and the biennial Congress of the Australian Council of
Trade Unions;
34.1.4 attendance
at meetings called by Unions NSW involving a public sector association, which
requires attendance of a delegate;
34.1.5 attendance
at meetings called by the Public Sector Workforce Office, as the employer for
industrial purposes, as and when required;
34.1.6 giving
evidence before an Industrial Tribunal as a witness for the Association;
34.1.7 reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 34, 35 and 36 of this Award apply.
35. Association
Activities Regarded as on Duty
35.1 An Association
delegate will be released from the performance of normal departmental duty when
required to undertake any of the activities specified below. While undertaking
such activities the Association delegate will be regarded as being on duty and
will not be required to apply for leave:
35.1.1 Attendance
at meetings of the workplace's Occupational Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Occupational Health and Safety Committee members at
a place of work as provided for in the Occupational Health and Safety Act 2000
and the Regulations;
35.1.2 Attendance
at meetings with workplace management or workplace management representatives;
35.1.3 A
reasonable period of preparation time, before -
(a) meetings with
management;
(b) disciplinary or
grievance meetings when an Association member requires the presence of an
Association delegate; and
(c) any other
meeting with management,
35.1.4 by
agreement with management, where operational requirements allow the taking of
such time;
(a) giving evidence
in court on behalf of the employer;
(b) appearing as a
witness before the Government and Related Employees Appeal Tribunal;
(c) representing
their Association at the Government and Related Employees Appeal Tribunal as an
advocate or as a Tribunal member;
(d) presenting
information on the Association and Association activities at induction sessions
for new staff of the New South Wales Police Force; and
(e) distributing
official Association publications or other authorised material at the workplace,
provided that a minimum of 24 hours notice is given to workplace management,
unless otherwise agreed between the parties. Distribution time is to be kept to
a minimum and is to be undertaken at a time convenient to the workplace.
36. Association Training
Courses
36.1 The following
training courses will attract the grant of special leave as specified below:
36.1.1. Accredited
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&S Committee members. The provider(s) of accredited
OH&S training courses and the conditions on which special leave for such
courses will be granted shall be negotiated between the Commissioner and the
Association under a local arrangement pursuant to clause 15, Local
Arrangements, of this Award.
36.1.2 Courses
organised and conducted by the Trade Union Education Foundation or by the
officer's Association or a training provider nominated by the Association. A
maximum of 12 working days (91.2 working hours) in any period of 2 years
applies to this training and is subject to the operating requirements of the
workplace permitting the grant of leave and the absence not requiring
employment of relief staff.
SECTION 4
NON-COMMISSIONED
OFFICERS
37. Salaries (Other
Than Detectives)
37.1 Subject to the Police
Act 1990, and Regulations and any requirements there under and to the
provisions of clause 58, "Competency Based Incremental Progression"
(Non-Commissioned Officers), of this Award, a Non-Commissioned Officer (other
than Detectives) shall, according to the rank held and the incremental level
achieved, be paid a base salary of not less than the amounts prescribed in
Table 1 - Non-Commissioned Officers’ (Other than Detectives) Salaries of PART
B, Monetary Rates.
38. Salaries
(Detectives)
38.1 Subject to the Police
Act 1990, and Regulations and any requirements there under and to the
provisions of clause 58, "Competency Based Incremental Progression"
(Non-Commissioned Officers), of this Award, a Detective shall, according to the
rank held and the incremental level achieved, be paid a base salary of not less
than the amounts prescribed in Table 2 - Detectives’ Salaries of PART B,
Monetary Rates. In addition to their base salary Detectives shall be paid the following allowances in
the nature of salary:
38.1.1 the
Loading prescribed by clause 39 of this Award; and
38.1.2 an
allowance equivalent to a Grade 3 (5 years after permanent appointment) Special
Duties Allowance as prescribed in Table 7 - Special Duties Allowances
(Non-Commissioned Officers) of Part B Monetary Rates; and
38.1.3 the
allowance as prescribed in Table 6 - Detectives’ Special Allowance of Part B Monetary Rates.
38.2 Upon the day of
permanent appointment of a Non Commissioned Officer as a Detective, he/she will
transition from Table 1 - Non-Commissioned Officers’ (Other than Detectives)
Salaries to Table 2 - Detectives’ Salaries of PART B in accordance with the
following table and subject to the provisions of sub clause 40.4;
Incremental Level prior to permanent appointment
|
Incremental Level upon permanent
|
|
|
appointment
|
|
Probationary Constable (Level 1)
|
|
|
Constable Level 2
|
|
|
Constable Level 3
|
|
|
Constable Level 4
|
Detective 1st Year
|
|
Constable Level 5
|
Detective 2nd Year
|
|
Senior Constable Level 1
|
Detective 3rd Year
|
|
Senior Constable Level 2 Step 1
|
Detective 4th Year
|
|
Senior Constable Level 2 Step 2
|
Detective 4th Year
|
|
Senior Constable Level 3 Step 1
|
Detective 5th Year
|
|
Senior Constable Level 3 Step 2
|
Detective 5th Year
|
|
Senior Constable Level 3 Step 3
|
Detective 5th Year
|
|
Senior Constable Level 4 Step 1
|
Detective 6th Year
|
|
Senior Constable Level 4 Step 2
|
Detective 6th Year
|
|
Senior Constable Level 5 Step 1
|
Detective 7th Year
|
|
Senior Constable Level 5 Step 2
|
Detective 7th Year
|
|
Senior Constable Level 6
|
Detective 8th Year
|
|
Senior Constable (more than 1 years service on Level 6)
|
Detective 9th Year
|
|
|
Sergeant 1st year
|
Detective Sergeant 1st Year
|
|
Sergeant 2nd year
|
Detective Sergeant 2nd Year
|
|
Sergeant 3rd year
|
Detective Sergeant 3rd Year
|
|
Sergeant 4th year
|
Detective Sergeant 3rd Year
|
|
Sergeant 5th year
|
Detective Sergeant 4th Year
|
|
Sergeant 6th year
|
Detective Sergeant 4th Year
|
|
Sergeant 7th year
|
Detective Sergeant 5th Year
|
|
Sergeant 8th year
|
Detective Sergeant 5th Year
|
|
Sergeant 9th year
|
Detective Sergeant 6th Year
|
|
|
Senior Sergeant 1st year
|
Detective Senior Sergeant 1st Year
|
|
Senior Sergeant 2nd year
|
Detective Senior Sergeant 1st Year
|
|
Senior Sergeant 3rd year
|
Detective Senior Sergeant 2nd Year
|
|
Senior Sergeant 4th year
|
Detective Senior Sergeant 3rd Year
|
|
Senior Sergeant 5th year
|
Detective Senior Sergeant 4th Year
|
|
|
|
|
|
38.3 Non-Commissioned
Officers who are classified as Constable Level 2, Constable Level 3, Senior
Constable Level 6 (more than 1 year’s service on level 6) shall, as at the date
of transition to the Detectives’ salary scale, be entitled to their next
increment 12 months from the date of such transition. All other
Non-Commissioned Officers who are permanently appointed as a Detective shall
retain their existing increment date.
38.4 A
Non-Commissioned Officer who ceases to be a Detective shall revert to the rank
and increment level he or she would have otherwise occupied had they not been
appointed as a Detective. This does not
preclude action under section 173 of the Police Act 1990.
38.5 No directed
transfers (involuntary) out of a criminal investigation position are to occur
without reference to and approval of the Director, Corporate Human Resources.
39. Loading
39.1 A
Non-Commissioned Officer shall, in addition to the salary prescribed in clause
37, Salaries, of this Award, be paid an allowance calculated to the nearest
dollar, at the rate of 11.5% of such salary. The allowance being a loading for
work performed on weekends, shift work, recall to duty and other incidents of
employment not covered elsewhere in this Award, and including a Loading
formerly paid on Annual Leave.
40. Leading Senior
Constables
40.1 Subject to
provisions duly agreed between the Commissioner and the Association a
Non-Commissioned Officer of the rank of Senior Constable may be appointed as a
Leading Senior Constable.
40.2 The Commissioner
may revoke the appointment of a Leading Senior Constable at any time. The circumstances under which such an
appointment is revoked shall be subject to provisions duly agreed between the
Commissioner and the Association. The
revocation of the appointment of a Leading Senior Constable shall not be
regarded as reviewable action for the purpose of section 173(3) of the Police
Act 1990
40.3 Incremental
progression for Leading Senior Constables shall be subject to the provisions of
clause 58 of this Award.
40.4 Where a Leading
Senior Constable is to be permanently appointed as a Detective as a result of a
voluntary transfer to that position, they shall immediately prior to their
permanent appointment, revert to the Level and Step they would have attained if
they had never been appointed as a Leading Senior Constable. Only then will the
Non-Commissioned Officer transition in accordance with sub clause 38.2.
40.5 A Leading Senior
Constable, who is involuntarily transferred, involuntarily temporarily
transferred or involuntarily seconded to a position that would normally attract
the salary of a Detective, shall be subject to provisions duly agreed between
the Commissioner and the Association.
40.6 In circumstances
where an officer who has previously held an appointment as a Leading Senior
Constable, and who has relinquished such appointment with a view to seeking
appointment elsewhere, applies for a further appointment, that such officer
may, in their application seek appointment at the level and step previously
achieved, and if such an officer succeeds in gaining that further appointment
as a Leading Senior Constable, then such officer is to be appointed at the
level or step previously held.
Their incremental date however shall be the date of
taking up duty in the new appointment, and such officer shall be required to
serve a minimum of twelve months on the level or step at which they were
appointed, before being eligible for further incremental movement.
These provisions shall not apply to any officer whose
previous appointment as a Leading Senior Constable was revoked for any reason
whatsoever or who has voluntarily relinquished their appointment in
circumstances of adverse performance assessments.
41. Special Duties
Allowance
41.1 In addition to
the rates prescribed for Non Commissioned Officers by clause 37 Salaries (Other
than Detectives) and clause 39 Loading of this Award a Non-Commissioned Officer
who holds a position set out hereunder shall on the determination of the
Commissioner be paid the appropriate allowance prescribed in Table 7- Special
Duties Allowances (Non-Commissioned Officers) of PART B, Monetary Rates of this
Award, provided that, in respect to grades 1 to 4, where more than one rate
applies to a Non-Commissioned Officer they shall only be entitled to one rate
namely the higher or highest;
41.2 Gradings
Grade 1
Trainee Prosecutor, Legal Services
Part Time Rescue/Bomb Operator, Special Services Group
Teacher, Operational Safety Trainer, Weapons Instructor
Part Time, Local Area Commands
Breath Analysis Operative, Breath Analysis and Research
Unit
Highway Patrol Officer, Local Area Commands and Traffic
Services
Policy Officer, Traffic Policy
Analyst/Senior Analyst Workforce Planning, Human
Resource Services
Surveillance Operative, State Surveillance Branch,
Special Services Group
Tactical Airborne Technician, Technical Surveillance
Operative, Police Aviation Support Branch, Special Services Group
Senior Operations Officer, Communications
Negotiator Part time, Local Area Commands and
Specialist Sections
State Protection Support Unit Part time Operative,
Country Local Area Commands
Grade 2
Armoury Technician, Armoury, State Protection Group
Investigator, Crash Investigation Unit
Diver, Police Diving Unit
Teacher, Driving Instructor, Police Driver, Education
Services
Engineering Investigator, Engineering Investigation
Unit, Forensic Services Group
Master Class V, Marine Area Command
Incident Reconstruction Operative, Forensic Services
Group
STIB Operative, State Technical Investigation Branch,
Special Services Group
Teacher, Foundational Studies, Education Services,
Teacher, Continuing Education, Education Services
Teacher, Operational Safety Trainer, OSTU, Westmead,
Goulburn and Regions
Technical Officer, Metropolitan Radio Network
Technical Officer, Radar Engineering Unit
Grade 3
Crime Scene Examiner, Forensic Services Group
Investigator (Detective), Local Area Commands, State
Crime Command and Specialist Commands
Document Examiner, Forensic Services Group
Finger Print Technician, Forensic Services Group
Firearms/Ballistics Examiner, Forensic Services Group
Operative, Tactical Operations Unit, State Protection
Group
Rescue/Bomb Operator Special Services Group
Criminal Profiler, Practitioner, Crime Faculty
Grade 4
Prosecutors, Legal Services
41.3 Any
Non-Commissioned Officer classified as a Detective, as defined in clause 3,
Definitions, shall not be entitled to any Special Duties Allowance.
42.
Professional/Academic Qualification Allowance
42.1 In addition to
the rates prescribed for Non-Commissioned Officers by clause 37 Salaries (Other
than Detectives), clause 38 Salaries (Detectives) and clause 39, Loading of
this Award a Non-Commissioned Officer who possesses a qualification set out
hereunder shall, on the determination of the Commissioner, be paid the
appropriate allowance prescribed in Table 8 - Professional/Academic
Qualification Allowance (Constable or Senior Constable) of PART B, Monetary
Rates of this Award.
42.2 Non-Commissioned
Officers shall only be entitled to the payment of one allowance, namely the
highest, depending upon the qualification held.
42.3 On and from the
beginning of the first full pay period to commence on or after 1 January 2002
the Professional/Academic Qualification Allowances prescribed by this clause
shall only apply to Non-Commissioned Officers of and below the rank of Senior
Constable who hold vocationally relevant degrees provided that:
42.3.1 Vocational
relevance will be at the discretion of the Tertiary Scholarship Review
Committee;
42.3.2 Relevant
degrees will not include degrees achieved under any program whereby the New
South Wales Police Force meets the course fees and/or HECS (other than by way
of reimbursement under the Tertiary Scholarship Scheme), or provides for the
course to be undertaken in normal working time or as study leave, (as opposed
to the normal provisions of study time being applied), nor in circumstances
where the New South Wales Police Force meets the costs associated with the
undertaking of the course or a series of courses, including accommodation
costs;
42.3.3 Payment
of the Professional/Academic Qualification Allowance shall cease when a
Non-Commissioned Officer achieves their first merit-based promotion.
42.3.4 Payment
of the Professional/Academic Qualifications Allowance shall be suspended for
any period a Non-Commissioned Officer is temporarily appointed to the rank of
Sergeant and above pursuant to section 67 of the Police Act 1990.
43. On Call
Allowances
43.1 "On
Call" shall mean a situation in which a Non-Commissioned Officer is
rostered, or directed by a superior officer, to be available to respond
forthwith for duty outside of their ordinary working hours or shift. A
Non-Commissioned Officer placed on call shall remain contactable by telephone
for all of such time unless working in response to a call or with the consent
of their appropriate superior officer. Whilst on call a Non-Commissioned
Officer may be required to retain a personal paging device within earshot at
all times.
43.2 Vehicle Care -
When a Non-Commissioned Officer has been placed On Call, and in addition to
being on call is required to take charge of a vehicle which is the property of
the New South Wales Police Force together with all Police equipment therein
and/or thereon and provide garage, or other reasonable parking facilities
therefore having regard to its size, such officer shall be paid for each 24
hours or part thereof at the rate specified in Table 9, Vehicle Care.
43.3 Rates of
Allowance
In addition to the Salaries prescribed in clause 37
Salaries (Other than Detectives), clause 38 Salaries (Detectives) and clause
39, Loading, a Non-Commissioned Officer placed on call, as defined in subclause
43.1 above, shall be paid the appropriate allowance as set out in Table 9 -
On-Call Allowances (Non-Commissioned Officers) of PART B, Monetary Rates.
43.4 The payment of on
call and vehicle care allowances prescribed in Table 9 - On-Call Allowances
(Non-Commissioned Officers) of PART B, Monetary Rates. of this Award shall not
apply in the case of Non-Commissioned Officers performing the role of or
relieving in the role of Lock Up Keeper, and in the case of Officers In Charge
of one person stations; except when such Non- Commissioned Officers are
rostered or directed to remain on call (as defined) which thereby places a
restriction on the officer’s off duty hours which is greater than that normally
expected of those positions.
44. Hours of Duty
44.1 The ordinary
hours of duty for all Non-Commissioned Officers exclusive of meal breaks shall
not exceed, on average, 38 hours per week and shall be worked from Sunday to
Saturday inclusive.
44.2 The 38 hour week
shall be maintained by the general application of flexible rostering which is
characterised by Non-Commissioned Officers working an average of 38 hours per
week over an approved roster period consistent with flexible rostering
guidelines that are agreed between the parties.
44.3 In accordance
with the flexible rostering guidelines the development of an appropriate roster
is subject to the agreement of the relevant Commander/Manager and a simple
majority of the Non-Commissioned Officers involved.
44.4 Non-Commissioned
Officers shall be entitled to two (2) rest days in each seven calendar days, or
four rest days in each fourteen (14) calendar days.
44.5 Rosters shall
provide Non-Commissioned Officers with an average of 1 complete Sunday off per
fortnight and 1 complete weekend per month off duty, as a minimum.
44.6 Rosters shall be
arranged as far as practicable to give at least seven (7) days notice of the
particular day or days to be allotted as rest days.
44.7 A
Non-Commissioned Officer shall, if practicable, be given at least 24 hours
notice of a change of rostered shift, or the proposed deferment or cancellation
of any rest day. A Non-Commissioned
Officer required to perform a shift on a rostered rest day who is not notified
of such change of rostered duty at least 24 hours before the commencement of
the altered shift shall be paid at the overtime rate specified in clause 47 of
this Award for the performance of duty on that shift in lieu of being granted
an alternate rest day.
44.8 The roster of
each Non-Commissioned Officer shall, as far as practicable, be arranged so as
to allow at least ten (10) hours between the termination of one rostered shift
and the commencement of the next rostered shift. Should a Non-Commissioned Officer not be allowed such a break
then that period of the shift which falls within the ten (10) hour break shall
be paid at the rate of time and one half (i.e. half time in addition to
ordinary rate). Provided further that
this subclause shall not apply to the day of changeover from cycles of rostered
shifts.
44.9 Non-Commissioned
Officers shall not be directed to work broken shifts.
45. Shift Allowance
45.1 A
Non-Commissioned Officer who works a full shift shall be paid, in addition for
each shift actually worked, an allowance in accordance with the following
table:
|
COMMENCING TIME
|
ALLOWANCE
|
Day
|
At or after 6am and before 10 am
|
0%
|
Afternoon
|
At or after 10am but before 1pm (C Shift)
|
10%
|
Afternoon
|
At or after 1pm and before 4pm (A Shift)
|
15%
|
Night
|
At or after 4pm and before 4am (B Shift)
|
17.5%
|
Night
|
At or after 4am and before 6am (C Shift)
|
10%
|
45.2 The allowance
prescribed in subclause 45.1 above shall be based upon the following formula:
A
|
=
|
S
|
x
|
1
|
x
|
1
|
x
|
R
|
x
|
H
|
|
|
52.17857
|
|
7
|
|
8
|
|
|
|
|
Where:
A =
|
Shift Allowance Payable (rounded to the nearest cent)
|
|
|
S =
|
The rate of pay for a Sergeant 5th Year as specified in
Table 1 - Non-Commissioned Officers’ (Other than Detectives) Salaries of PART B, Monetary Rates.
|
|
|
R =
|
The relevant percentage rate as prescribed in subclause
45.1 above.
|
|
|
H =
|
Number of ordinary hours in the shift.
|
45.3 For the purpose
of making a claim for payment, the shifts attracting a 10% allowance shall be
known as a "C" shift; the shifts attracting an allowance of 15% shall be known as an
"A" shift; and the shifts attracting an allowance of 17.5% shall be known as a "B" shift.
45.4 A
Non-Commissioned Officer shall not be required to work a full "B"
shift for more than seven shifts in any period of 21 days unless payment is
made at the rate of time and one half (i.e. a half time in addition to ordinary
rate) for the period of each of the rostered shifts exceeding seven and payment
is made at the rate of double time for all overtime on any shift.
45.5 A
Non-Commissioned Officer who, because of the operation of subclause 47.7,
Overtime works only part of a shift specified in the above table, shall be
entitled to the full allowance prescribed for such shift.
46. Meals
46.1 A
Non-Commissioned Officer shall be allowed an unbroken period of not less than
thirty minutes each shift for meals.
46.2 A
Non-Commissioned Officer shall not normally be required to work more than five
hours without a meal break. Provided that where shifts in excess of 10 hours
are worked the additional meal break, brought about by the operation of this
subclause, shall be a paid crib break of no more than 20 minutes duration.
46.3 A
Non-Commissioned Officer who actually incurs expense in purchasing a meal:
46.3.1 when
they have worked more than one half hour beyond the completion of a rostered
shift or;
46.3.2 where
they have performed duty at a place where no reasonable facilities were
available for partaking of a meal; or
46.3.3 where
they are performing escort duty and cannot carry a meal;
shall be entitled to be compensated in accordance with
the rates prescribed in Table 10 - Meal Allowances (Non-Commissioned Officers)
of PART B, Monetary Rates. Provided where the actual expenditure
exceeds the rates prescribed a Non-Commissioned Officer shall be entitled to a
refund of amounts actually paid upon production of receipts.
47. Overtime
47.1 All overtime
worked by a Non-Commissioned Officer outside of the ordinary hours of work
prescribed by clause 44 Hours of Duty, shall be at the rate of time and one
half for the first two hours and double time thereafter, such double time to
continue until completion of the overtime work. Provided that a Non- Commissioned Officer who works overtime on a
public holiday prescribed in clause 57, Public Holidays, shall be paid for such
time at the rate of double time for the first two hours and double time and one
half thereafter. Except as provided for
in this subclause or subclause 47.5, in computing overtime, each day’s work
shall stand alone.
47.2 Overtime shall be
calculated to the nearest quarter hour provided that periods of less than a
quarter hour shall not be counted.
47.3 Overtime for
Non-Commissioned Officers shall be calculated on an hourly rate of pay assessed
on total annual salary of a Non-Commissioned Officer comprising the rate of
salary prescribed by Table 1 - Non-Commissioned Officers’ (Other than
Detectives) Salaries of PART B, Monetary Rates and those allowances, excluding
the loading prescribed by clause 39 Loading of this Award, which constitute
salary and attract superannuation deductions.
47.4 In lieu of the
provisions of sub-clause 47.3 above, overtime for Detectives shall be
calculated on an hourly rate of pay assessed on total annual salary of a
Detective comprising the rate of base salary prescribed by Table 2 -
Detectives’ Salaries of PART B, Monetary Rates and those allowances, which
constitute salary and attract superannuation deductions excluding the loading
prescribed by clause 39 Loading of this Award and excluding the Allowance prescribed by Table 6 - Detectives’ Special
Allowance - Part B, Monetary Rates.
47.5 Time spent
travelling shall not be calculated as overtime for the purpose of this clause
unless a Non-Commissioned officer is performing a specific task (e.g. prisoner
or money escort.)
47.6 Approval to work
overtime shall be obtained from the appropriate delegated officer at the time,
or where this is not feasible, the circumstances shall be reported at the first
available opportunity to the appropriate officer who shall, if the working of
overtime was justified, certify that the work was necessarily performed.
47.7 Where a
Non-Commissioned Officer works so much overtime between the termination of
their ordinary work on any day or shift and the commencement of their ordinary
work on the next day or shift that they have not had at least ten (10)
consecutive hours off duty between these times, they shall be released after
the completion of such overtime until the Non-Commissioned officer has had ten
(10) consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
If on the direction of the Non-Commissioned Officer’s
superior, he/she resumes or continues work without having had such ten (10)
consecutive hours off duty, they shall be paid at the rate of double time
(single time in addition to ordinary rate when such work occurs during an
ordinary rostered shift) until they are released from duty for such period and
the Non-Commissioned Officer shall then be entitled to be absent until they
have had ten (10) consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
Provided that all overtime worked as a result of a
recall shall not be regarded as overtime for the purpose of this subclause when
the actual time worked is less than three hours on such recall or on each of
such recalls.
47.8 In situations
where two (or more in the case of multiple recalls) periods of overtime are
worked on one day, then only the time actually worked shall count for the
determination of the payment of double time.
48. Recall to Duty
48.1 A "recall to
duty" is the interference with the period of time off work between the
arrival of a Non-Commissioned Officer at home after the conclusion of one shift
and the commencement of the next rostered shift caused by the necessity for a
Non- Commissioned Officer to perform their duty and whether such recall is at
the direction of a senior officer of the New South Wales Police Force or by the
reasonable action of a Non-Commissioned Officer responding in the public
interest. A recall commences when the Non-Commissioned Officer commences duty
(excluding travel from home) and terminates when the duty is completed
(excluding travel to home) or the commencement of the next shift whichever is
the sooner.
48.2 A
Non-Commissioned Officer recalled to duty shall be paid, subject to subclause
0, Overtime, for the time worked on such recall to duty between normal rostered
shifts a minimum of three hours at the overtime rate specified in subclause
47.1, Overtime for each time they are recalled, except where such duty is
continuous with the commencement of the next rostered shift.
48.3 A
Non-Commissioned Officer recalled to duty within three hours of the
commencement of the next rostered shift shall be paid at the appropriate
overtime rate from the time of recall to the time of commencement of such
shift.
48.4 The minimum
period for the payment of overtime worked specified in subclause 47.2, Overtime
shall not apply to entitlements under this clause.
48.5 A
Non-Commissioned Officer who performs the duty for which they are recalled
within the minimum period of three hours shall not be required to undertake any
additional duty for the remainder of the three hour period.
48.6 A
Non-Commissioned Officer recalled to duty whose period of duty and travel to
and from the place where duty is performed exceeds three hours shall, in
addition to payment for the recall to duty, be compensated at the rate
specified for travelling time in clause 54, Travelling Time for any period of
travel exceeding two hours.
48.7 In the case of
multiple recalls to duty a Non-Commissioned Officer will be compensated by
payment of the minimum of three hours for each recall provided either:
48.7.1 a lapse
of at least one hour in time has occurred between the completion of the previous
paid recall and the time of the subsequent recall; or
48.7.2 the
Non-Commissioned Officer is required to arise from bed and a lapse of at least
20 minutes has occurred between the completion of duty performed on the
previous paid recall and the time of the subsequent recall.
48.8 Recall During
Annual and Extended Leave
48.8.1 A
Non-Commissioned Officer recalled to duty during any period of annual or
extended leave may elect to be recredited with a full day’s leave for each day
or part thereof involved in the recall to duty or to be paid a minimum of eight
hours at the rate of time and one half for each day or part thereof. (i.e. time
and one half in addition to ordinary rate.)
For the purpose of this subclause a full day’s leave shall equate to an
ordinary rostered shift in accordance with the agreed flexible roster under
which the Non-Commissioned Officer is working at the time the leave is taken.
48.8.2 Time
worked in excess of eight hours on any recall to duty during annual or extended
leave shall be compensated at the rate of double time.
48.8.3 Travelling
time incurred in any recall to duty from annual or extended leave which falls
outside the minimum eight hours granted under paragraph 48.8.1 above shall be
compensated at the rate of ordinary time.
48.9 Recall on Public
Holiday
A Non-Commissioned Officer recalled to duty on a public
holiday shall be paid in accordance with subclause 48.2 above.
48.10 Recall on Rest or
Recurrent Leave Day
A Non-Commissioned Officer recalled to duty on a rest
or recurrent leave day may elect:
48.10.1 to be
compensated for such recall in accordance with this clause; or
48.10.2 to be
rostered to commence a normal flexible shift from the time of recall payable at
the overtime rate specified in subclause 47.1, Overtime in lieu of being
recredited with an alternate rest or recurrent leave day.
49. Court Attendance
Between Shifts
49.1 A
Non-Commissioned Officer recalled to duty to attend court shall be compensated
in accordance with clause 48, Recall to Duty.
49.2 A
Non-Commissioned Officer required to attend court who has completed a
"B" shift and has insufficient time to return to their home before
attending court shall be paid:
49.2.1 at the
overtime rate specified in subclause 47.1, Overtime for the period between the
termination of the shift and the completion of duty at court less meal break;
and
49.2.2 a meal
allowance at the appropriate rate.
49.3 A
Non-Commissioned Officer who has attended court and has insufficient time to
return to their home before commencing their next shift may be paid:
49.3.1 at the
overtime rate specified in subclause 47.1, Overtime for the period between the
commencement of duty at court and the commencement of the rostered shift less
meal break, and,
a meal allowance at the appropriate rate or
49.3.2 If the
New South Wales Police Force requirements permit, he/she may elect to complete
a normal flexible shift from the time of commencement of duty at court in lieu
of being paid overtime.
50. Lockup Keepers’
Or Sole Detective’s Recall
A Non-Commissioned Officer performing duty as a Lockup
Keeper or Sole Detective attached to a station shall be compensated for recalls
to duty as follows:
50.1 A
Non-Commissioned Officer will be paid for a minimum period of one hour at the
rate of time and one half when that officer is recalled to answer telephone or
door calls between the hours of 11 pm and 8 am. Provided that in the case of a Non-Commissioned Officer required
to work a full shift, commencing at or after 4 pm and before 4 am, an
equivalent period of sleep (i.e. 9 hours) upon the termination of that duty
will be recognised for payment of telephone/door calls in the manner prescribed
above.
50.2 A
Non-Commissioned Officer will be paid a minimum period of one hour at the rate
of time and one half when he/she is required to leave the residence and enter
the lockup for purposes such as consulting or making entries in official
records, or, in the case of a Lockup Keeper, receiving charges preferred by any
police officer.
50.3 The provisions of
subclauses 50.1 and 50.2 above will also apply in cases where a
Non-Commissioned Officer other than the Lockup Keeper or Sole Detective
undertakes the duties of the Lockup Keeper or Sole Detective and is similarly
recalled.
50.4 Where a recall to
duty mentioned in subclauses 50.1, 50.2 and 50.3 above is within one hour of
the commencement of the next rostered shift a Non-Commissioned Officer will be
paid at the rate of time and one half for the time of recall to the time of
commencement of such shift.
50.5 A
Non-Commissioned Officer will be paid for a minimum of three hours, subject to
subclause 0, Overtime, at the overtime rate specified in subclause 47.1,
Overtime each time the duty performed involves leaving the residence or lockup and
proceeding to any other place than the police office, whether such place is in
the same building as the lockup or adjacent premises.
50.6 Where the recall
to duty mentioned in subclause 50.5 above is within three hours of the
commencement of the next rostered shift a Non-Commissioned Officer will be paid
at the overtime rate specified in subclause 47.1, Overtime from the time of
recall to the time of commencement of such shift.
50.7 In the case of
multiple recalls a Non-Commissioned Officer will be compensated by payment for
the minimum prescribed in this clause for each recall provided that either:
50.7.1 a lapse
of at least one hour in time has occurred between the completion of the duty
performed on the previous paid recall and the time of the subsequent recall; or
50.7.2 the
Non-Commissioned Officer is required to arise from bed and a lapse of at least
20 minutes has occurred between the completion of duty performed on the
previous paid recall and the time of the subsequent recall. Provided further that the same time
restrictions prescribed in subclause 50.1 shall also apply in the case of
multiple telephone/door calls.
50.8 The provision of
subclauses 48.2, 48.3, 48.7, 48.9, Recall to Duty, shall not apply to this
clause. Provided that the provisions of paragraphs 48.8.1 and 48.8.3 shall only
apply in the case of recalls which attract a minimum of 3 hours payment.
51. On Call
Detectives Recall
A Non-Commissioned Officer performing duty as an on call
Detective shall be compensated for recalls to duty as follows;
51.1 A
Non-Commissioned Officer engaged as an on call Detective, as provided in
subclause 43.1, On Call Allowance, will be paid for a minimum period of one
hour at the rate of time and one half when that officer is recalled to answer
duty related telephone or door calls whilst rostered on call.
51.2 Where the recall
mentioned in subclause 51.1 above is within one hour of the commencement of the
next rostered shift a Non-Commissioned Officer will be paid at the rate of time
and one half from the time of the recall to the time of commencement of such
shift.
51.3 Where the recall
mentioned in subclause 51.1 exceeds one hour, through a protracted telephone
call or the necessity of the officer to make further inquiries which are work
related and directly related to the initial phone call received, payment will
continue at the rate of time and one half until the finalisation of inquiries.
In such case payment should be calculated to the nearest quarter hour. Periods
of less than a quarter of an hour are to be disregarded.
51.4 In the case of
multiple recalls a Non-Commissioned Officer will be compensated by payment for
the minimum period prescribed in this clause for each recall provided that
either;
51.4.1 a lapse
of at least one hour in time has occurred between the completion of the duty
performed on the previous paid recall and the time of the subsequent recall; or
51.4.2 the
Non-Commissioned Officer is required to arise from bed and a lapse of at least
20 minutes has occurred between the completion of duty performed on the
previous paid recall and the time of the subsequent recall.
51.5 For the purpose
of this clause an On Call Detective shall mean a Non-Commissioned Officer who
is a designated Detective and permanently appointed to criminal investigation
duty. It shall also apply to Non-Commissioned Officers who are non-designated
but are permanently appointed to criminal investigation duties for the purpose
of achieving designation as a Detective.
51.6 An On Call
Detective shall also mean a Non-Commissioned Officer who has been temporarily
transferred or seconded to criminal investigation duties, and has been rostered
on call in that capacity.
52. On Call Telephone
Recall (Other Than Detectives)
52.1 A
Non-Commissioned Officer placed on call, as provided in subclause 43.1, On Call
Allowance, will be provided time off in lieu at the overtime rate prescribed at
clause 47 Overtime, when that officer is recalled to answer duty related
telephone or door calls whilst rostered on call.
53. Penalty
Provisions Not Cumulative
53.1 Where two or more
penalty and/or overtime provisions could apply in a particular situation, the
New South Wales Police Force shall be bound to pay only one of such
provisions. Where the provisions are
not identical, the higher or highest, as the case may be, shall apply. Provided further that the Public Holiday
penalty payable to Non-Commissioned Officers in accordance with subclause 57.1
shall be paid in addition to any shift allowance that may be payable in accordance
with subclauses 45.1 and 45.4, Shift Allowances.
54. Travelling Time
54.1 Travelling time
for Non-Commissioned Officers shall be compensated by payment at the ordinary
time rates on an hour for hour basis up to a maximum of 8 hours in any period of
24 hours.
54.2 Travelling time
shall mean the time spent in the movement of a Non-Commissioned Officer from
one locality to another where the primary objective of the journey is the
movement of that Non-Commissioned Officer to the latter locality and no
specific task other than travelling is directed in advance to be performed by
that Non- Commissioned Officer during that period.
54.3 A
Non-Commissioned Officer will not be regarded as performing a specific task in
terms of the definition of travelling time unless their task is the acceptance
of responsibilities other than:
54.3.1 Driving
a vehicle used for police purposes (except in the case of a non-commissioned
officer whose main official function is the driving of vehicles used for police
purposes).
54.3.2 Monitoring
police radio broadcasts on the equipment installed in a vehicle used for police
purposes (except in the case of a Non-Commissioned Officer whose main official
function is the monitoring of police radio broadcasts).
54.4 Travelling time will
not apply in respect of:
54.4.1 Any
period of travel during the rostered shift of a Non-Commissioned Officer or any
period during which overtime accrues.
54.4.2 Any
period of travel between the home of a Non-Commissioned Officer and their place
of attachment - provided further that where a Non-Commissioned Officer is
directed to perform duty at a Section, Branch or Station or other locality
other than that to which the Non-Commissioned Officer is attached, the
travelling time to and from that Section, Branch or Station or other locality
which exceeds that taken in travelling time between their home and their place
of attachment shall be compensated in terms of
subclause 54.1 above.
54.4.3 Any
period where a Non-Commissioned Officer is travelling by ship upon which meals
and accommodation are provided and by train between the hours of 11pm and 8am
when sleeping accommodation is provided.
54.4.4 Any
period of travel by a Non-Commissioned Officer proceeding on transfer,
temporary transfer or interchange duty.
54.4.5 Any
period of travel by a Non-Commissioned Officer recalled to duty in terms of
subclause 48.1, Recall to Duty.
Provided that any Non- Commissioned Officer so recalled to duty who
resides at such a distance from the place to which they are recalled that they
cannot reasonably travel from their place of residence and return to their
residence within the minimum of 3 hours shall be paid at ordinary time rates
for all time spent travelling in connection with such recall in excess of 2 hours.
54.4.6 Any
period of travel by metropolitan officers to or from non-residential in-service
training courses where such courses are conducted within the metropolitan
area.
54.4.7 Any
period between the arrival of a Non-Commissioned Officer at their destination
or a place on route to their destination where accommodation is provided and
the departure from their destination or the place en route to their
destination. Provided further that on
the day of arrival of a Non- Commissioned Officer at their destination and on
the day of departure from their destination for the journey home or place of
attachment she/he will be compensated in terms of subclause 54.1 for one third
of the period:
(a) Between the time
of arrival and commencement of duty or rostered shift;
(b) Between the time
of completion of duty or rostered shift and time of departure.
For the purpose of this paragraph any period between
the hours of 6pm and 8am during which a Non-Commissioned Officer is provided
with accommodation at their destination will be disregarded.
54.5 Where a
Non-Commissioned Officer performs duty at a place other than the Station,
Section or Branch to which they are attached, the time taken travelling to and
from such place in excess of normal travelling time between their home and
place of attachment shall be compensated by payment at the travelling time
rate, as specified in subclause 54.1.
54.6 A
Non-Commissioned Officer travelling in accordance with subclause 54.5 above
shall be entitled to recover from the New South Wales Police Force the cost of
any fares in excess of those normally incurred in travelling between their home
and place of attachment.
55. Time in Lieu of
Payment of Travelling Time and Overtime
55.1 A
Non-Commissioned Officer may elect, with the approval of their
commander/manager, to take time off in lieu of payment for their entitlements
under the provisions of Clause 47 Overtime, or Clause 54 Travelling Time.
55.2 When a
Non-Commissioned Officer works any overtime or incurs any travelling time they
may aggregate the entitlements in respect of such overtime or travelling time
and elect to take time off in lieu of payment for those entitlements.
55.3 Time off in lieu
shall be calculated at the same rate that would have applied to the payment of overtime
and travelling time in terms of clauses 47 and 54.
55.4 Time off in lieu
shall generally be taken when sufficient time has been accrued to enable a full
shift or multiples thereof, to be taken off duty. Time off in lieu may be combined with other forms of leave to
enable a full shift to be taken off duty.
Subject to operational convenience a commander/manager may approve
applications for time off in lieu of less than a full shift.
55.5 Subject to the
provisions of this clause Non-Commissioned Officers who have an entitlement to
overtime or travelling time may elect to take part of their entitlement as time
off in lieu and receive payment for the remaining portion of the
entitlement. A Non-Commissioned Officer
cannot be compelled to take time off in lieu of payment for overtime or
travelling time.
55.6 Unless otherwise
approved by the Commissioner, the maximum amount of time off in lieu accrued by
a Non-Commissioned Officer shall not exceed 48 hours. Where a Non-Commissioned Officer has exceeded the accrual limit
prescribed by this subclause no further applications for time off in lieu shall
be approved until a suitable reduction has been made to the total time off in
lieu entitlement.
56. Relieving Duty
56.1 Any constable
relieving a Sergeant or Senior Sergeant for not less than 1 week during such
period performing the duties of the relieved officer shall be paid for the
whole period an allowance at the rate of the difference between their salary
and the salary fixed by this Award for a Sergeant 1st Year.
56.2 Any Sergeant
relieving a Senior Sergeant for a period of not less than 1 week and during
such period performing the duties of the relieved officer shall be paid for the
whole period an allowance at the rate of the difference between their salary
and the salary fixed by this award for a Senior Sergeant 1st Year.
56.3 Any Constable or
Detective relieving a Detective Sergeant or Detective Senior Sergeant for not
less than 1 week and during such period performing the duties of the relieved officer
shall be paid for the whole period an allowance at the rate of the difference
between their salary and the salary fixed by this Award for a Detective
Sergeant 1st Year
56.4 Any Sergeant or
Detective Sergeant relieving a Detective Senior Sergeant for not less than 1
week and during such period performing the duties of the relieved officer shall
be paid for the whole period an allowance at the rate of the difference between
their salary and the salary fixed by this Award for a Detective Senior Sergeant
1st Year
56.5 Any
Non-Commissioned Officer relieving a Commissioned Officer for not less than one
week and during such period of relief performing the duties of the relieved
officer, shall be paid for the whole period of relief an allowance at the rate
of the difference between their salary and the salary fixed by this Award for
an Inspector 1st Year.
56.6 Provided that:
56.6.1 these
provisions shall not apply to where the relieved officer, due to him/her having
been promoted but not transferred, is performing duties which would normally be
carried out by an officer of lower rank;
56.6.2 for the
purpose of this provision a week shall mean a period of 7 consecutive calendar
days inclusive of any rest or recurrent leave days rostered during that period;
56.6.3 periods
of less than 1 week shall not be taken into account.
56.7 A
Non-Commissioned Officer permanently assigned by the Commissioner to duties of
a rank or position higher than their own shall continue to be paid the
allowance prescribed in this clause whilst the Non-Commissioned Officer is on
leave.
57. Public Holidays
57.1 Non-Commissioned
Officers required to work on the days on which New Year’s Day, Australia Day,
Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour
Day, Christmas Day and Boxing Day are observed and special days appointed by
proclamation as public holidays throughout the State, shall be paid at the rate
of time and one half (i.e. half time in addition to ordinary rate).
57.2 A
Non-Commissioned Officer rostered to take a public holiday as a rest or
recurrent leave day who is subsequently required to work a shift on that public
holiday and who is not notified of such change of rostered duty at least 24
hours before the commencement of the altered shift, shall be paid for the
performance of duty on that shift in lieu of being granted an alternate rest or
recurrent leave day at the overtime rate specified in subclause 47.1 of this
Award.
58. Competency Based
Incremental Progression
58.1 Except as
otherwise provided for Leading Senior Constables, Sergeants, Senior Sergeants
and Detectives elsewhere in this clause, incremental progression for
Non-Commissioned Officers shall be based on:
58.1.1 a
minimum period of twelve (12) months service on each incremental level or step
as defined in Table 1 - Non-Commissioned Officers’ (Other than Detectives)
Salaries of PART B, Monetary Rates or
Table 2 - Detectives’ Salaries of PART B, Monetary Rates; and
58.1.2 compliance
with the competency requirements specified in this clause.
58.2 It is the
responsibility of Non-Commissioned Officers to ensure they are familiar with
the contents of this clause and to make all reasonable efforts to comply with
the requirements contained therein.
58.3 Commanders/Managers
are responsible to ensure that Non-Commissioned Officers under their control
are given every opportunity to comply with the requirements of this
clause. This shall include but not
necessarily be limited to:
58.3.1 ensuring
that Non-Commissioned Officers have sufficient time, on duty, to undertake
necessary training;
58.3.2 ensuring
that Non-Commissioned Officers have access to the necessary training
facilities; and
58.3.3 the
provision of remedial training where necessary.
58.4 Commanders/Managers
are not to certify a Non-Commissioned Officer as competent unless satisfied
they have met the requirements of this clause.
58.5 Competency
Requirements
Subject to a Non-Commissioned Officer’s rank and level
the competency requirements for incremental progression shall be:
58.5.1 Constable’s
Education Program
For confirmation as a constable of police,
Non-Commissioned Officers must successfully complete the Constable’s Education
Program and/or meet any other requirements or attain any other qualifications
necessary for confirmation as determined by the Commissioner from time to time.
58.5.2 Base
Generic Competencies
(a) Maintenance of
Defensive Tactics (Including Firearms) and CPR/First Aid Training
Non-Commissioned Officers must meet or exceed the minimum
level of competency established by the Commissioner in consultation with the
Association. The required level of
competency must be attained within the training year (1 July to 30 June) prior
to a Non-Commissioned Officer’s increment falling due.
A Non-Commissioned Officer who fails to meet the
minimum competency shall be subject to remedial training.
A Non-Commissioned Officer who fails to meet the
minimum level of competency following a course of remedial training will have
their increment deferred for the amount of time taken to satisfy the minimum
level of competency required.
(b) Physical Fitness
Standard
For the purpose of this paragraph illness or injury is
not to be regarded as a factor in determining a Non-Commissioned Officer’s
level of physical fitness.
In the event of an "incident" or
"situation" occurring or arising where a Non-Commissioned Officer’s
level of fitness, taking into account their deployment and age, was a
contributing factor to the "incident" or "situation" then
such Non-Commissioned Officer may be referred to the New South Wales Police
Medical Branch for assessment as to their fitness and development of a remedial
program. Such a program shall take into
account any advice provided by the Non-Commissioned Officer’s medical
practitioner.
If a Non-Commissioned Officer has not made sufficient
progress towards a reasonable level of fitness at the end of the first review
period under the program, incremental progression shall be deferred by the
period between the first review and the time when sufficient progress is made
towards a reasonable level of fitness.
The assessment of a Non-Commissioned Officer’s level of
physical fitness shall have regard to their deployment and age.
(c) Driver Status
Safe Driving Policy - A Non-Commissioned Officer who
has their status to drive New South Wales Police vehicles revoked pursuant to
the Safe Driving Policy shall undertake a driver development program. Failure to gain driver status at the end of the
program shall result in deferral of the Non-Commissioned Officer’s incremental
progression by the period from the conclusion of the program until they satisfy
the requirements of the program or have their status reinstated.
A local decision by a Commander/Manager to prohibit a
Non-Commissioned Officer from driving will have no effect on incremental
progression.
A Non-Commissioned Officer who has their status to
drive New South Wales Police vehicles revoked may appeal the decision to the
Commissioner in accordance with the Safe Driving Policy.
Civilian Licence - Loss of civilian licence will result
in the deferral of incremental progression by the period of that loss.
(d) Computerised
Operational Policing (COPS) System Literacy
Subsequent to initial training on the COPS system,
Non-Commissioned Officers are expected to be able to utilise the system to the
degree necessary to perform their duties.
Where a Non-Commissioned Officer demonstrates a
deficiency in the use of the system necessary to perform their duties they
shall be placed on a remedial program.
If at the end of a program a Non-Commissioned Officer
has been unable to overcome their deficiency, their incremental progression
will be deferred by the period of time taken to reach the required standard.
Non-Commissioned Officers whose deployment is changed
shall be provided with further training on the COPS system, which is specific
to their new area of deployment.
58.5.3 Mandatory
Continuing Police Education (MCPE)
Non-Commissioned Officers are obliged to complete the
agreed requisite MCPE program for each training year. Each annual MCPE program shall be developed by the Commissioner
in consultation with the Association. MCPE programs shall cover such topic
areas as:
Maintenance of current policing knowledge
Corporate Key Result and Key Practice Areas
Maintenance of expert status for specialists
Non-Commissioned Officers who fail to complete the MCPE
program within the training year will have their incremental progression
deferred by the period between the end of the training year and until
completion of the program is achieved.
Non-Commissioned Officers who are unable to complete the program due to
New South Wales Police requirements shall not have their incremental
progression deferred as a consequence of not meeting their MCPE obligations.
58.5.4 Objective
Test of Policing Knowledge
Within the six months leading up to a change in
"Level" as defined in Table 1 - Non-Commissioned Officers’ (Other
than Detectives) Salaries of PART B, Monetary Rates, Non-Commissioned Officers
are required to pass an objective test of policing knowledge. Unless determined otherwise, the test shall
be conducted by way of computer terminal using the New South Wales Police
computer network. Sergeants, Senior Sergeants and Detectives will be required
to pass the test within the six months leading up to any increment which
involves a pay increase.
The Commissioner shall be responsible for development,
maintenance and integrity of the test in consultation with the Association.
Non-Commissioned Officers may sit a trial of the test
as often as they want, subject to New South Wales Police convenience.
Non-Commissioned Officers may fail and re-sit the test,
at any time within the six months leading up to the appropriate increment
date. However, Non-Commissioned
Officers who are unable to pass the test by the appropriate increment date
shall have their increment deferred until such time as the test is passed.
58.5.5 Performance
Management Scheme
An appropriate performance management scheme relevant
to rank shall be applied to Non-Commissioned Officers. Non-Commissioned Officers are required to
perform their duties in accordance with the provisions of the scheme. Non-Commissioned Officers who fail to
perform at the agreed level will be placed on a poor performer’s scheme.
If, at the conclusion of the poor performer’s scheme a
Non-Commissioned Officer has not satisfied the requirements of the scheme,
their incremental progression shall be deferred by the period taken to satisfy
the scheme.
58.6 Effect on
Incremental Progression Where Multiple Competencies Not Satisfied
Should any Non-Commissioned Officer fail to satisfy
more than one competency required for incremental progression then the period
of loss of incremental progression shall be concurrent not cumulative. That is, the competency taking the longest
period to satisfy, of any competencies shall be the period of deferral of
incremental progression.
58.7 Increments
Falling Due During a Period of Initial Remedial Training
In the event of a Non-Commissioned Officer’s increment
falling due during a period of initial remedial training or participation in a
poor performers scheme, it will not be deferred. However, if such training is not satisfied, progression to the
next increment will be deferred by the period of time taken after such training
or participation until such time as the Non-Commissioned Officer has reached
the required competency standard.
58.8 Requirements for
Progression Through the Various Ranks and Grades
58.8.1 Progression
to Constable Level 2 (Confirmation)
Progression to Constable Level 2 increment shall be
contingent upon:
(a) Achievement of
12 months service as a Probationary Constable or any other period as the
Commissioner may direct in accordance with clause 13 of the Police Regulation,
2008.
(b) Successful
completion of the Constable’s Education Program and/or the attainment of any
other qualifications or requirements as determined by the Commissioner from
time to time.
(c) Confirmation as
a constable.
58.8.2 Progression
to Constable Levels 3, 4, and 5
Progression to Constable Levels 3, 4, and 5 shall be
contingent upon:
(a) 12 months
service on each previous increment.
(b) Maintenance of
the Base Generic Competencies during the training year prior to the increment
falling due. Should the Base Generic
Competencies not be satisfied, incremental progression shall be deferred in
accordance with the provisions of this clause.
58.8.3 Progression
Beyond Constable Level 5 (Promotion to Senior Constable)
Progression beyond Constable Level 5 and for promotion
to Senior Constable shall be contingent upon:
(a) Successful
completion of the Constable’s Education Program (or equivalent qualification);
(b) Maintenance of
the Base Generic Competencies in accordance with the provisions of this clause.
(c) Passing the
Objective Test of Policing Knowledge in accordance with the provisions of this
clause.
(d) Meeting the
requirements for promotion to Senior Constable as prescribed by Regulations 15
and 16 of the Police Regulation 2008.
58.8.4 Progression
to Each Subsequent Incremental Level (Including Progression within the Sergeant
and Senior Sergeant Ranks)
Progression within the ranks of Senior Constable,
Sergeant and Senior Sergeant shall be contingent upon:
(a) 12 months service
on each previous increment (both level and step).
(b) Maintenance of
the Base Generic Competencies in accordance with the provisions of this clause.
(c) Completion of
the Mandatory Continuing Police Education (MCPE) requirements in accordance
with the provisions of this clause.
(d) Passing the
Objective Test of Policing Knowledge in accordance with the provisions of this
clause (for progression to each level only).
(e) Satisfactory
performance under the appropriate Performance Management Scheme.
58.9 Effect of Any
Deferral of Incremental Progression
58.9.1 The
period of deferral of an increment shall be determined by the period of time
taken to achieve the appropriate competency and/or performance standards in
accordance with the provisions of this clause.
58.9.2 Where
an increment is deferred:
(a) within the first
3 years of employment as a Non-Commissioned Officer, the original increment
date is to be retained for future increments;
(b) after the first
3 years of employment as a Non-Commissioned Officer, all future incremental
dates are to be varied by the period of deferment.
58.10 Non-Commissioned
Officers Medically Excused from Demonstrating Certain Competencies
A Non-Commissioned Officer who, as a consequence of
being placed on alternative duties, is medically excused from any activity
aimed at demonstrating their competence, shall not have normal incremental
progression deferred as a result of that non participation. Should a Non-Commissioned Officer return to
full duty, within 6 months of their return, they shall be required to
demonstrate or achieve the required level of skill in the excused competency.
Such Non-Commissioned Officer shall be given
appropriate training in order that they are able to reasonably comply with such
procedures.
Any failure to comply will require the Non-Commissioned
Officer to undergo appropriate remedial training. Should the Non-Commissioned Officer then remain unable to meet
the requirements of the particular competency incremental progression shall be
deferred in accordance with the provisions of this clause. Provided that the increment subject to
deferral in accordance with this sub clause shall be the first increment
occurring after the 6 month period.
58.11 Part-time
Non-Commissioned Officers
Non-Commissioned Officers working under a part-time
arrangement shall be subject to the provisions of this clause as if they were a
full-time officer. Part-time
Non-Commissioned Officers may have their rosters amended to facilitate their
compliance with the requirements of this clause. Attendance at any necessary training/assessment may also be
facilitated at locations other than the Non-Commissioned Officer’s normal place
of attachment.
58.12 Effect of Long
Term Absences
Non-Commissioned Officers on secondment, full time
leave without pay, special leave without pay, extended sick leave and Workers
Compensation/Hurt on Duty absences shall be regarded as having satisfied the
requirements of any entitlement to incremental progression provided that within
6 months of their return to duty they comply with the requirements of this
clause.
Such Non-Commissioned Officers shall be given
appropriate training in order that they are able to reasonably comply with such
procedures.
Any failure to comply will require the Non-Commissioned
Officer to undergo appropriate remedial training. Should the Non-Commissioned Officer then remain unable to meet
the requirements of any particular competency, incremental progression shall be
deferred in accordance with the provisions of this clause. Provided that the increment subject to
deferral in accordance with this sub clause shall be the first increment
occurring after the 6 month period.
58.13 Effect of
suspension.
58.13.1 When
suspended with pay, a Non-Commissioned Officer will be paid at the rate of pay
for the officer's level as at the commencement of the suspension.
58.13.2 A
suspended Non-Commissioned Officer is not entitled to incremental progression.
58.13.3 Where a
Non-Commissioned Officer who was suspended without pay ceases to be suspended
and continues as a Police Officer, the officer will be paid for the period of
suspension at the officer's rate of pay for the officer's level as at the
commencement of the suspension, less any hardship payments that have been paid
to the officer.
58.13.4 Where a
Non-Commissioned Officer ceases to be suspended and continues as a Police
Officer, the officer has six months in which to comply with the requirements of
this clause to achieve increment progression for which the officer would have
been eligible if not suspended. Where
the requirements are met, the officer will be paid increment entitlements
effective from the officer's incremental date, or, dates and the officer will
be eligible for the next increment on the officer's next increment date.
58.13.5 Where an
officer does not achieve incremental progression in accordance with subclause
58.13.4, the officer will remain at the officer's then level until they achieve
the requirements for incremental progression.
On achieving the requirements for incremental progression the officer
will move to the next level and the date of that change will become the
officer's new incremental date for all future progression. An officer progressing in accordance with
this subclause will not be entitled to any incremental back pay.
58.13.6 An
officer will be given appropriate training in order to achieve increment
progression. Any subsequent failure to
meet incremental progression requirements will require the officer to undergo
appropriate remedial training.
58.13.7 This
clause only applies to a Non-Commissioned Officer who ceases to be suspended
and continues as a Police Officer on or after 9 September 2009.
58.14 Performance
Management for Seconded Officers
Non-Commissioned Officers on secondment from the New
South Wales Police Force whether by way of Special Leave Without Pay or
otherwise, must comply with the requirements, if any, of the seconding
organisation’s performance management scheme.
They must bring with them on return to the New South Wales Police a
certificate from the seconding organisation as to their satisfactory compliance
to be considered to have maintained the requirements of the Performance
Management Scheme. If no such scheme is
in place, Non- Commissioned Officers will be required to produce a certificate
to that effect from the seconding organisation.
58.15 Effect on
Transfers
Non-Commissioned Officers who are prevented from
undertaking a competency or attending the required number of MCPE lectures as a
consequence of a transfer shall have such matters taken into account in
competency assessment. Non-Commissioned
Officers who have an outstanding obligation on transfer should immediately
notify their supervisor on taking up duty at the new location.
58.16 Leading Senior
Constables
In addition to the mandatory competency requirements
contained within this clause Leading Senior Constables shall be required to
satisfy the following for incremental progression;
58.16.1 Passing
of an objective test of policing knowledge (relevant to the role and
responsibilities of Leading Senior Constable) within a period of one month
prior to the anniversary of appointment as a Leading Senior Constable. The passing of a test under the provisions
of this paragraph shall suffice for the requirements of paragraph 58.5.4.
58.16.2 Satisfaction
of an agreed rigorous performance assessment regime including quarterly and
annual reviews of performance. For the purpose of this paragraph agreed
rigorous performance assessment means the Leading Senior Constable and their
supervisor participate in feedback discussions on the demonstrated performance,
knowledge, skills and abilities of the Leading Senior Constable’s performance
in their role. Where the requisite
performance is not demonstrated then discussions should identify the areas
needing attention with agreed courses of action and timeframes for review.
58.17 Sergeants/Senior
Sergeants
In addition to the mandatory competency requirements
contained within this clause progression beyond Sergeant 6th Year and Senior
Sergeant 4th Year shall be based on;
58.17.1 Satisfaction
of an agreed rigorous performance assessment regime including quarterly and
annual review of the Sergeant and, where appropriate, the team’s performance.
For the purpose of this paragraph an agreed rigorous performance assessment
means the Sergeant and their supervisor participate in feedback discussions on
the demonstrated performance, knowledge, skills and abilities of the Sergeant’s
performance in their role. Where the requisite
performance is not demonstrated then discussions should identify the areas
needing attention with agreed courses of action and timeframes for review.
58.17.2 Demonstration
of an ongoing commitment to professional development as evidenced by the successful
completion of the relevant courses and a commitment to undertake or
preparedness to undertake courses that raise skill level.
58.18 Detectives
In addition to the mandatory competency requirements
contained within this clause Detectives shall be required to satisfy the
following for incremental progression;
58.18.1 Progression
up to Detective 8th Year
Designation as a Detective, or currently undertaking,
or being prepared to undertake (by way of written commitment) the Detectives
Education Program (DEP). The parties
recognise that program availability and other factors may impinge upon a
Detective’s capacity to undertake the DEP.
58.18.2 Progression
beyond Detective 8th Year
(a) Satisfaction of
an agreed rigorous performance assessment regime including quarterly and annual
reviews of the Detective’s performance.
For the purpose of this sub paragraph performance assessment shall
include, where appropriate, assessment of the Detective’s role as a guide,
mentor and trainer of less experienced Detectives.
(b) Completion of or
commitment to undertake or being prepared to undertake courses that raise skill
level.
58.18.3 Progression
beyond Detective Sergeant 4th Year and Detective Senior Sergeant 3rd Year
(a) Satisfaction of
an agreed rigorous performance assessment regime including quarterly and annual
reviews of the Detective Sergeant’s/Detective Senior Sergeant’s and, where
appropriate, the team’s performance. For the purpose of this paragraph an
agreed rigorous performance assessment means the Detective Sergeant/Detective
Senior Sergeant and their supervisor participate in feedback discussions on the
demonstrated performance, knowledge, skills and abilities of the Detective
Sergeant’s/Detective Senior Sergeant’s performance in their role. Where the requisite performance is not
demonstrated then discussions should identify the areas needing attention with
agreed courses of action and timeframes for review.
(b) Demonstration of
an ongoing commitment to professional development as evidenced by the
successful completion of the relevant courses and a commitment to undertake or
preparedness to undertake courses that raise skill level.
59. Provision of
Uniform
59.1 Suitable uniforms
of good quality as approved by the Commissioner after consultation with the
Association shall be provided to all Non-Commissioned Officers required to wear
uniforms.
59.2 Initial Issue
59.2.1 Standard
Police Dress Uniform ‑ Initial Issue
All uniformed Non-Commissioned Officers recruited to
the New South Wales Police Force on or after the operative date of this Award
shall be issued the following items of uniform:
Male Non-Commissioned
|
|
Female Non-
|
|
Officers
|
|
Commissioned Officers
|
|
Seven (7)
|
Shirt short sleeve
|
Seven (7)
|
Blouse short sleeve
|
One (1)
|
Shirt long sleeve
|
One (1)
|
Blouse long sleeve
|
Three (3)
|
Trousers cargo
|
Three (3)
|
Trousers cargo
|
One (1)
|
Trousers L/W Navy
|
One (1)
|
Slacks L/W Navy
|
Two (2)
|
Boots GP
|
Two (2)
|
Boots GP
|
One (1)
|
Hat antron
|
One (1)
|
Hat police woman
|
One (1)
|
Cap baseball
|
One (1)
|
Cap baseball
|
One (1)
|
Jacket leather male
|
One (1)
|
Leather jacket female
|
One (1)
|
Jacket fleece utility
|
One (1)
|
Jacket fleece utility
|
One (1)
|
Jumper
|
One (1)
|
Jumper
|
Seven (7)
|
Socks
|
Seven (7)
|
Socks
|
One (1)
|
Tie male
|
One (1)
|
Tie female
|
One (1)
|
Vest reflective
|
One (1)
|
Vest reflective
|
One (1)
|
Search gloves
|
One (1)
|
Search gloves
|
One (1)
|
Rain jacket yellow
|
One (1)
|
Rain jacket yellow
|
One (1)
|
Rain trousers yellow
|
One (1)
|
Rain trousers yellow
|
One (1)
|
Velcro inner belt
|
One (1)
|
Velcro inner belt
|
One (1)
|
Outer belt straight
|
One (1)
|
Outer belt curved
|
One (1)
|
Capsicum spray carrier
|
One (1)
|
Capsicum spray
|
|
|
|
carrier
|
One (1)
|
Glock magazine carrier
|
One (1)
|
Glock magazine
|
|
|
|
carrier
|
One (1)
|
Radio belt clip carrier
|
One (1)
|
Radio belt clip
|
|
|
|
carrier
|
One (1)
|
Set of four keepers
|
One (1)
|
Set of four keepers
|
One (1)
|
Handcuff pouch
|
One (1)
|
Handcuff punch
|
One (1)
|
Leather baton ring
|
One (1)
|
Leather baton ring
|
One (1)
|
Leather torch ring
|
One (1)
|
Leather torch ring
|
One (1)
|
Expandable baton holder
|
One (1)
|
Expandable baton
|
|
|
|
holder
|
One (1)
|
Primary Glock holster
|
One (1)
|
Extended long shank
|
|
|
|
Glock holster
|
One (1)
|
Cap badge
|
One (1)
|
Cap badge
|
One (1)
|
Identification badge
|
One (1)
|
Identification badge
|
One (1)
|
Identification wallet
|
One (1)
|
Identification wallet
|
One (1)
|
Identification backing
|
One (1)
|
Identification
|
|
|
|
backing
|
Two (2)
|
Epaulette
|
Two (2)
|
Epaulette
|
59.2.2 In
addition to the above items Non-Commissioned Officers shall, on request be
supplied, with
a broad brim hat
a pair of sunglasses. Such sunglasses shall comply with
the appropriate Australian Standard.
59.3 Western Areas ‑
Additional Initial Issue
In addition to the Standard Police Dress Uniform ‑
Initial Issue prescribed in subclause 59.2 of this clause, Non-Commissioned
Officers performing uniform duties in the stations of: ‑
Ardlethan
|
Eugowra
|
Nyngan
|
Ariah Park
|
Euston
|
Oaklands
|
Balranald
|
Finley
|
Pallamallawa
|
Barellan
|
Forbes
|
Parkes
|
Barham
|
Garah
|
Peak Hill
|
Barmedman
|
Goodooga
|
Pilliga
|
Barooga
|
Goolgowi
|
Rankin Springs
|
Bellata
|
Griffith
|
Tallimba
|
Berrigan
|
Grong Grong
|
Tibooburra
|
Bogan Gate
|
Gulargambone
|
Temora
|
Boggabilla
|
Gwabegar
|
Tocumwal
|
Boggabri
|
Hay
|
Tottenham
|
Boomi
|
Hillston
|
Trangie
|
Bourke
|
Ivanhoe
|
Trundle
|
Brewarrina
|
Lake Cargelligo
|
Tullamore
|
Broken Hill
|
Leeton
|
Tullibigeal
|
Buronga
|
Lightning Ridge
|
Ungarie
|
Burren Junction
|
Lockhart
|
Urana
|
Carinda
|
Jerilderie
|
Walgett
|
Carrathool
|
Mathoura
|
Wanaaring
|
Cobar
|
Menindee
|
Warren
|
Coleambally
|
Moama
|
Wee Waa
|
Collarenebri
|
Moree
|
Weethalle
|
Condobolin
|
Moulamein
|
Wentworth
|
Coonamble
|
Mungindi
|
West Wyalong
|
Dareton
|
Mulwala
|
Whitton
|
Darlington Pt
|
Narrabri
|
Wilcannia
|
Deniliquin
|
Narrandera
|
Yanco
|
Enngonia
|
Narromine
|
Yenda
|
|
Nymagee
|
|
will be provided with
two (2) pairs trousers cargo
one (1) pair trousers L/W navy.
59.4. Cold Climate
Areas (Category 1)‑ Additional Initial Issue
In addition to the Standard Police Dress Uniform -
Initial Issue prescribed in subclause 59.2 of this clause, Non-Commissioned
Officers performing uniform duties in the stations of:-
Aberdeen
|
Curlewis
|
Muswellbrook
|
Albury
|
Delungra
|
Nundle
|
Ashford
|
Denman
|
Parkes
|
Baradine
|
Dunedoo
|
Peak Hill
|
Barraba
|
Eden
|
Picton
|
Bega
|
Eugowra
|
Quadialla
|
Bellbrook
|
Forbes
|
Queanbeyan
|
Bemboka
|
Gooloogong
|
Quirindi
|
Bendemeer
|
Gravesend
|
Rand
|
Bermagui
|
Greenethorpe
|
Robertson
|
Bethungra
|
Grenfell
|
Rylstone
|
Bingara
|
Gulgong
|
Scone
|
Binnaway
|
Gunnedah
|
Somerton
|
Bogan Gate
|
Harden
|
Springwood
|
Bowral
|
Henty
|
Stuart Town
|
Braidwood
|
Holbrook
|
Stockinbingal
|
Bundanoon
|
Howlong
|
Tambar Springs
|
Bundarra
|
Hume Lake
|
Tamworth
|
Bungendore
|
Inverell
|
Tarcutta
|
Campbelltown - HWP
|
Jugiong
|
Tathra
|
Candelo
|
Kandos
|
The Oaks
|
Canowindra
|
Koorawatha
|
Tingha
|
Captains Flat
|
Kootingal
|
Trundle
|
Caragabal
|
Lake Cargelligo
|
Tullamore
|
Cassilis
|
Manilla
|
Tullibigeal
|
Cobargo
|
Mendooran
|
Wagga Wagga - HWP
|
Comboyne
|
Merimbula
|
Walla Walla
|
Condobolin
|
Merriwa
|
Warialda
|
Coolah
|
Michelago
|
Wallendbeen
|
Coonabarabran
|
Mittagong
|
Wellington
|
Corowa
|
Moonan Flat
|
Werris Creek
|
Cowra
|
Moss Vale
|
Windsor
|
Culcairn
|
Mudgee
|
Willow Tree
|
|
Murrurundi
|
Woodstock
|
|
|
Yetman
|
|
|
Young
|
will be provided with:
one (1) pair
gloves
four (4) pairs winter weight socks
59.5 Cold Climate
Areas (Category 2)
In addition to the Standard Police Dress Uniform ‑
Initial Issue prescribed in subclause 59.2 of this clause, Non-Commissioned
Officers performing uniform duties in the stations of: ‑
Adelong
|
Gloucester
|
Nowendoc
|
Armidale
|
Goulburn
|
Oberon
|
Bathurst
|
Goulburn, Police College- School
|
Orange
|
Batlow
|
of Traffic and Mobile Policing
|
Penrith - Radio Network
|
Binalong
|
Greater Hume Region -
|
Services Unit
|
Blackheath
|
Crash Investigation Unit
|
Portland
|
Blayney
|
Gundagai
|
Queanbeyan - HWP*
|
Boorowa
|
Gunning
|
Richmond - HWP
|
Capertee
|
Guyra
|
Rockley
|
Carcoar
|
Hill End
|
Talbingo
|
Collector
|
Holbrook - HWP
|
Tarago
|
Cootamundra
|
Katoomba
|
Tenterfield
|
Cudal
|
Lawson
|
Trunkey Creek
|
Cumnock
|
Lithgow
|
Tumut
|
Deepwater
|
Macquarie Region - Crash
|
Uralla
|
Emmaville
|
Investigation Unit
|
Walcha
|
Glen Innes
|
Mandurama
|
Walcha Rd
|
|
Manildra
|
Wallerawang
|
|
Marulan
|
Yass
|
|
Millthorpe
|
|
|
Molong
|
|
|
Mount Victoria
|
|
will be provided with:
one (1) fur lined cap
one (1) pair gloves
four (4) pairs winter weight socks
*Only members of the Highway Patrol who regularly
perform duties within the Cooma & Tumut areas within the winter months.
59.6 Alpine Areas ‑
Additional Initial Issue
In addition to the Standard Police Dress Uniform ‑
Initial Issue prescribed in subclause 59.2 of this subclause, Non-Commissioned
Officers performing uniform duties in the Stations of:
Adaminaby
|
Khancoban
|
Berridale
|
Nimmitabel
|
Bigga
|
Oberon
|
Bombala
|
Rockley
|
Cooma
|
Taralga
|
Crookwell
|
Tuena
|
Delegate
|
Trunky Creek
|
Guyra
|
Tumbarumba
|
Jindabyne
|
|
will be provided with:
one (1) pair winter gloves
four (4) pairs winter weight socks
two (2) waterproof boots
one (1) fur lined cap
one (1) Alpine beanie
four (4) Alpine Snow Skivvies
One (1) Alpine Snow Vest
One (1) Snow/Rain jacket
One (1) Snow/Rain trousers
59.7 Annual Issue
All uniformed Non-Commissioned Officers shall be
issued, in their second and subsequent years of service, with seven (7) pairs
of socks, which will include four (4) pairs of winter weight socks when
attached to the areas specified in subclauses 59.4, 59.5 and 59.6 of this
clause.
59.8 Stocking
Allowance
A female Non-Commissioned Officer who chooses to
perform duties in culottes shall be reimbursed for the cost of any stockings,
reasonably and necessarily incurred in connection with that uniform. The amount
claimable in any calendar year will be not greater than the amount of the
stocking allowance as set out in Table 11 - Stocking Allowance
(Non-Commissioned Officers), of PART B, Monetary Rates.
Payment of any actual stocking expenses shall be
subject to the production of receipts, unless the Commissioner is prepared to
accept other evidence from the officer.
This clause shall apply from the first full pay period
commencing on or after 2 October 2009 or when the payment first ceases to be
paid into an officer’s salary, whichever is the later.
59.9 Plain Clothes
Allowance
Non-Commissioned Officers (other than Detectives)
required to perform duty in plain clothes shall be paid a plain clothes
allowance as set out in Table 12 - Plain Clothes Allowances (Non-Commissioned
Officers), of PART B, Monetary Rates in lieu of the provision of uniform. (Note: Non-Commissioned Officers paid as
Detectives under clause 38 Salaries (Detectives) shall not be entitled to a
Plain Clothes Allowance).
59.10 Plain Clothes
Allowances shall be paid on a pro rata basis where a Non-Commissioned Officer
is required to perform duty in plain clothes for part of a year.
59.11 In the case of a
Non-Commissioned Officer ordinarily in receipt of a Plain Clothes Allowance,
such allowance will not be payable when the Non Commissioned Officer is:
59.11.1 absent
on sick leave for a continuous period exceeding 6 months;
59.11.2 absent
on leave without pay (including Maternity, Parental and Adoption leave without
pay); or
59.11.3 suspended
from office.
59.12 Condemnation
Except for the annual issue of socks, all items of
uniform will be replaced on condemnation only.
59.13 Interruption to
Supply
Should there be an interruption to the supply of any
item of uniform specified in this clause, due to circumstances beyond the
control of the New South Wales Police Force the Association is to be notified
promptly in writing by the New South Wales Police Force of the particular
problem and the anticipated date of supply.
59.14 Review of
Allowances
The parties agree to review the Plain Clothes Allowance
and Stocking Allowance on a needs basis in line with movements in the relevant
component of the Consumer Price Index.
60. Air Travel
60.1 Non-Commissioned
Officers escorting prisoners in aircraft shall be in the ratio of at least one
to one. The maximum number of persons
in custody being carried in any one aircraft shall be two.
60.2 Non-Commissioned
Officers required to travel in aircraft in the course of their duty, and
prisoners and patients under escort shall be insured under the provisions of
the New South Wales Treasury Managed Fund.
61. Lockers
61.1 All
Non-Commissioned Officers shall, at some reasonably convenient place, be
provided with a suitable full-length locker.
62. Work of a Menial
Nature
62.1 Non-Commissioned
Officers shall not be required to perform cleaning or similar work.
SECTION 5
COMMISSIONED
OFFICERS
63. Salaries
63.1 Subject to the
Police Act, 1990, and Regulations and any requirements thereunder and to the
provisions of clause 67, "Competency Based Incremental Progression"
(Commissioned Officers) of this Award, a Commissioned Officer shall, according
to the position or rank held and the incremental level achieved, be paid a
salary of not less than the amounts prescribed in Table 3 - Commissioned
Officers’ Salaries of PART B, Monetary Rates.
63.2 The salaries
prescribed in Table 3 - Commissioned Officers’ Salaries of PART B, Monetary
Rates of this Award contain a loading in compensation for factors which the
"loading" prescribed for Non-Commissioned Officers under clause 39 of
this Award is intended to compensate.
63.3 The parties
recognise the "all up" nature of the Salaries prescribed in Table 3 -
Commissioned Officers’ Salaries of PART B, Monetary Rates of this Award,
consistent with the description contained in New South Wales Police Circular
91/65, issued on 29 April 1991.
64. Hours of Duty
64.1 The ordinary
hours of duty for all Commissioned Officers shall be an overall average, of 38
hours per week.
64.2 Consistent with
the provisions of subclause 63.3, Salaries, any additional duty required to be
performed outside of ordinary hours of duty shall attract no additional
remuneration.
64.3 Commissioned
Officers whose performance of work is not subject to regular shift rostering
practices shall be individually accountable for the proper, efficient and
effective management of their time, so as to ensure that the objectives and
goals of their commands are met and that all resources of the command are
managed in an efficient and effective manner.
Such officers shall manage their own time subject to the overriding
discretion of senior officers to direct the performance of duty.
64.4 The parties
recognise that the flexibility of working hours in respect to Commissioned
Officers referred to in subclause 64.3 above may provide them with an
opportunity to avail themselves of additional days off, free of duty, over and
above their normal rest days or any other form of normally available paid
leave.
64.5 With the
exception of those Commissioned Officers referred to in subclause 64.6 below,
Commissioned Officers shall not normally be required to attend for duty on
Public Holidays. Any such requirement
to attend however, shall not attract any additional remuneration or entitlement
to time off in lieu except for the accrual of additional annual leave as
prescribed in subclause 18.5, Annual Leave.
64.6 Commissioned
Officers Regularly Rostered to Work Shiftwork on Sundays and Public Holidays
Commissioned Officers who are regularly rostered to
work shiftwork on Sundays and Public Holidays shall be subject to the
provisions of clause 44, Hours of Duty (Non-Commissioned Officers) as if they
were Non-Commissioned Officers. Provided
further that no overtime shall apply to Commissioned Officers where they may be
required to work on a cancelled or deferred rest day irrespective of the notice
given to work on any such day.
64.7 Commissioned
Officers other than those Regularly Rostered to Work Shiftwork on Sundays and
Public Holidays
The following provisions shall apply to Commissioned
Officers other than those described in subclause 64.6 above:
64.7.1 Commissioned
Officers shall manage their own time subject to the overriding discretion of
their commanders/managers to direct the performance of duty.
64.7.2 Commissioned
Officers covered by this subclause will generally not be required to attend for
duty on Public Holidays. However, any
requirement to attend on such days shall attract additional annual leave in
accordance with subclause 18.5, Annual Leave.
65. Fixed Term
Appointment
65.1 Each Commissioned
Officer shall be the subject of a Fixed Term Appointment in accordance with the
provisions of Part 6, Division 3 of the Police Act 1990.
65.2 Subject to the
provisions of this Award, there shall be a general presumption in favour of
renewal of Fixed Term Appointments.
65.3 Fixed Term
Appointments shall generally expire only by the effluxion of time. No
occurrence of any nature shall have the effect of extending the period of any
appointment beyond its nominated expiry date.
66. Non Renewal
Benefit
66.1. Commissioned
Officers being subject to Fixed Term Appointments in accordance with Part 6,
Division 3 of the Police Act 1990 shall accrue an entitlement to the
payment of a benefit, equal to twelve and one half (12.5) percent of total
salary earnings for each completed fixed term appointment, in accordance with
the following provisions:
66.1.1 The
entitlement shall commence to accrue from the beginning of the first Fixed Term
Appointment of each Commissioned Officer;
66.1.2 The
benefit shall only be payable in respect of each completed Fixed Term
Appointment;
66.1.3 Any
Commissioned Officer who resigns or retires (excluding medical retirement where
application is supported by the Commissioner) from the New South Wales Police
Force during the currency of a Fixed Term Appointment shall be regarded as not
having completed that particular Term and no benefit shall be payable in respect
of that incomplete Term. However, all accrued benefits from previously
completed Terms shall be payable;
66.1.4 Any
Fixed Term Appointment terminated, either through the death of the Commissioned
Officer, the medical retirement of the Commissioned Officer where application
is supported by the Commissioner or upon promotion in accordance with Part 6,
Division 3 of the Police Act, 1990, shall be deemed to be a completed Term for
the purpose of accrual of the benefit;
66.1.5 In
circumstances where a Commissioned Officer is "removed" from the New
South Wales Police Force under the provisions of s181D of the Police Act, 1990
(as amended), there will be no eligibility for the Non Renewal Benefit
including previously completed Terms. However, in circumstances where a
Commissioned Officer, under the provisions of s181E of the Act, applies for a
review by the Industrial Relations Commission of any such "removal"
on the grounds that it is harsh, unreasonable or unjust, and such application
is upheld by the Industrial Relations Commission, then no matter what the
remedy, such Commissioned Officer retains eligibility to the Non Renewal
Benefit.
66.1.6 In
circumstances however, where in conciliation proceedings, the Commissioner is
prepared to consent to a Commissioned Officer’s reinstatement for the purpose
of allowing the Commissioned Officer to resign, and such reinstatement and
resignation is effected, then the usual eligibility criteria, as contained
within the provisions of this clause shall apply.
66.1.7 Consistent
with the provisions of paragraphs 66.1.2 and 66.1.3 above, any entitlement to a
benefit shall become payable upon termination of employment (including medical
retirement where application is supported by the Commissioner) or termination
as a result of a decision by the Commissioner not to renew an expired Fixed
Term or on accepting a Police Force Senior Executive Service appointment;
66.1.8 Commissioned
Officers who are appointed to a position with the Police Senior Executive
Service shall have the amount of their benefit capped as at the date of such
appointment and that benefit shall be available at that capped amount in
accordance with the provisions herein;
66.1.9 Commissioned
Officers who (whether through the exercise of a right of return or otherwise)
enter into a Fixed Term Appointment, subsequent to a period of appointment
within the Police Senior Executive Service, will accrue a benefit exclusive of
any salary earned whilst a member of the New South Wales Police Force Senior
Executive Service. Any such benefit shall be in addition to any capped benefit
to which a Commissioned Officer may be entitled in accordance with subclause
66.1.8 above.
67. Competency Based
Incremental Progression
67.1 Incremental
progression for Commissioned Officers shall be based on:-
67.1.1 a
minimum period of twelve (12) months service on each incremental level where
defined in Table 3 - Commissioned Officers’ Salaries of PART B, Monetary Rates;
and
67.1.2 compliance
with the competency requirements specified in this clause.
67.2 It is the
responsibility of Commissioned Officers to ensure they are familiar with the
contents of this clause and to make all reasonable efforts to comply with the
requirements contained therein.
Commanders/Managers are responsible to ensure that
Commissioned Officers under their control are given every opportunity to comply
with the requirements of this clause.
This shall include but not necessarily be limited to:
67.2.1 ensuring
that Commissioned Officers have sufficient time, on duty, to undertake
necessary training;
67.2.2 ensuring
that Commissioned Officers have access to the necessary training facilities;
and
67.2.3 the
provision of remedial training where necessary.
Commanders/Managers are not to certify a Commissioned
Officer as competent unless satisfied they have met the requirements of this
clause.
67.3 Competency
Requirements
The competency requirements for incremental progression
for Commissioned Officers shall be:
67.3.1 Base
Generic Competencies
(a) Maintenance of
Defensive Tactics including Firearms Competency (where appropriate to deployment) and CPR/First Aid Training
Commissioned Officers must meet or exceed the minimum
level of competency established by the Commissioner in consultation with the
Association. The required level of
competency must be attained within the training year (1 July to 30 June) prior
to a Commissioned Officer’s increment falling due.
A Commissioned Officer who fails to meet the minimum
competency shall be subject to remedial training.
A Commissioned Officer who fails to meet the minimum
level of competency following a course of remedial training will have their
increment deferred for the amount of time taken to satisfy the minimum level of
competency required.
(b) Physical Fitness
Standard
For the purpose of this paragraph illness or injury is
not to be regarded as a factor in determining a Commissioned Officer’s level of
physical fitness.
In the event of an "incident" or
"situation" occurring or arising where a Commissioned Officer’s level
of fitness, taking into account their deployment and age, was a contributing
factor to the "incident" or "situation" then such
Commissioned Officer may be referred to the New South Wales Police Force
Medical Branch for assessment as to their fitness and development of a remedial
program. Such a program shall take into
account any advice provided by the Commissioned Officer’s medical practitioner.
If a Commissioned Officer has not made sufficient
progress towards a reasonable level of fitness at the end of the first review
period under the program, incremental progression shall be deferred by the
period between the first review and the time when sufficient progress is made
towards a reasonable level of fitness.
The assessment of a Commissioned Officer’s level of
physical fitness shall have regard to their deployment and age.
(c) Driver Status
Safe Driving Policy - A Commissioned Officer who has
their status to drive New South Wales Police vehicles revoked pursuant to the
Safe Driving Policy shall undertake a driver development program. Failure to gain driver status at the end of
the program shall result in deferral of the Commissioned Officer’s incremental
progression by the period from the conclusion of the program until they satisfy
the requirements of the program or have their status reinstated.
A local decision by a Commander/Manager to prohibit a
Commissioned Officer from driving will have no effect on incremental
progression.
A Commissioned Officer who has their status to drive
New South Wales Police Force vehicles revoked may appeal the decision to the
Commissioner in accordance with the Safe Driving Policy.
Civilian Licence - Loss of civilian licence will result
in the deferral of incremental progression by the period of that loss.
(d) Computerised
Operational Policing (COPS) System Literacy
Subsequent to initial training on the COPS system,
Commissioned Officers are expected to be able to utilise the system to the
degree necessary to perform their duties.
Where a Commissioned Officer demonstrates a deficiency
in the use of the system necessary to perform their duties they shall be placed
on a remedial program.
If at the end of a program a Commissioned Officer has
been unable to overcome their deficiency, their incremental progression will be
deferred by the period of time taken to reach the required standard.
Commissioned Officers whose deployment is changed shall
be provided with further training on the COPS system which is specific to their
new area of deployment.
67.3.2 Mandatory
Continuing Police Education (MCPE)
Commissioned Officers (other than Commissioned Officers
occupying command positions) are obliged to complete the agreed requisite MCPE
program for each training year. Each
annual MCPE program shall be developed by the Commissioner in consultation with
the Association. MCPE programs shall cover such topic areas as:
Maintenance of current policing knowledge
Corporate Key Result and Key Practice Areas
Maintenance of expert status for specialists
Commissioned Officers occupying Command positions will
be personally responsible for maintaining their own MCPE currency. They may
elect to do so either by private study or through completion of the MCPE
program.
For the purpose of this paragraph a Command position is
one which ascribes the occupant the title of "Commander" or
"Manager", (other than positions of a non-command nature such as
Crime Manager, Professional Standards Manager, Operations Manager, Human
Resources Manager and the like).
Commissioned Officers, other than those Commissioned
Officers occupying Command positions, who fail to complete the MCPE program
within the training year will have their incremental progression deferred by
the period between the end of the training year and until completion of the
program is achieved. Commissioned Officers who are unable to complete the
program due to New South Wales Police requirements shall not have their
incremental progression deferred as a consequence of not meeting their MCPE
obligations.
67.3.3 Performance
Management Scheme
(a) An appropriate
performance management scheme shall be applied to Commissioned Officers. Commissioned Officers are required to
perform their duties in accordance with the provisions of the scheme. Commissioned Officers who fail to perform at
the agreed level will be placed on a poor performer’s scheme.
If, at the conclusion of the poor performer’s scheme a
Commissioned Officer has not satisfied the requirements of the scheme, their
incremental progression shall be deferred by the period taken to satisfy the
scheme.
(b) Progression
beyond Inspector 4th Year, Inspector 6th Year and Superintendent 5th year shall
be subject to Commissioned Officers demonstrating above satisfactory work
performance. In this regard
Commissioned Officers shall be required to satisfy an agreed rigorous
performance assessment regime including quarterly and annual reviews of
performance. Commissioned Officers
shall also demonstrate an ongoing commitment to their professional development
including the provision of evidence of the successful completion of relevant
courses. This includes a commitment to undertake or preparedness to undertake
courses that raise skill level.
For the purpose of this sub paragraph an agreed
rigorous performance assessment means the Commissioned Officer and their
Commander/Manager participate in feedback discussions on the demonstrated
performance, knowledge, skills and abilities of the Commissioned Officer’s
performance in their role. Where the
requisite performance is not demonstrated then discussions should identify the
areas needing attention with agreed courses of action and timeframes for
review.
67.4 Effect on
Incremental Progression Where Multiple Competencies Not Satisfied
Should any Commissioned Officer fail to satisfy more
than one competency required for incremental progression then the period of
loss of incremental progression shall be concurrent not cumulative. That is, the competency taking the longest
period to satisfy, of any competencies shall be the period of deferral of
incremental progression.
67.5 Increments
Falling Due During a Period of Initial Remedial Training
In the event of a Commissioned Officer’s increment
falling due during a period of initial remedial training or participation in a
poor performers scheme, it will not be deferred. However, if such training is not satisfied, progression to the
next increment will be deferred by the period of time taken after such training
or participation until such time as the Commissioned Officer has reached the
required competency standard.
67.6 Effect of Any
Deferral of Incremental Progression
67.6.1 The
period of deferral of an increment shall be determined by the period of time
taken to achieve the appropriate competency and/or performance standards in accordance
with the provisions of this clause.
67.6.2 Where
an increment is deferred all future incremental dates are to be varied by the
period of deferment.
67.7 Commissioned
Officers Medically Excused from Demonstrating Certain Competencies
A Commissioned Officer, who as a consequence of being
placed on alternative duties, is medically excused from any activity aimed at
demonstrating their competence, shall not have normal incremental progression
deferred as a result of that non-participation. Should a Commissioned Officer return to full duty, within 6
months of their return, they shall be required to demonstrate or achieve the
required level of skill in the excused competency.
Such Commissioned Officer shall be given appropriate
training in order that they are able to reasonably comply with such procedures.
Any failure to comply will require the Commissioned
Officer to undergo appropriate remedial training. Should the Commissioned Officer then remain unable to meet the
requirements of the particular competency incremental progression shall be
deferred in accordance with the provisions of this clause. Provided that the increment subject to
deferral in accordance with this subclause shall be the first increment occurring
after the 6 month period.
67.8 Part-time
Commissioned Officers
Commissioned Officers working under a part-time
arrangement shall be subject to the provisions of this clause as if they were a
full-time officer. Part-time
Commissioned Officers may have their rosters amended to facilitate their
compliance with the requirements of this clause. Attendance at any necessary training/assessment may also be
facilitated at locations other than the Commissioned Officer’s normal place of
attachment.
67.9 Effect of Long
Term Absences
Commissioned Officers on secondment, full time leave
without pay, special leave without pay, extended sick leave and Workers
Compensation/Hurt on Duty absences shall be regarded as having satisfied the
requirements of any entitlement to incremental progression provided that within
6 months of their return to duty they comply with the requirements of this
clause.
Such Commissioned Officers shall be given appropriate
training in order that they are able to reasonably comply with such procedures.
Any failure to comply will require the Commissioned
Officer to undergo appropriate remedial training. Should the Commissioned Officer then remain unable to meet the
requirements of any particular competency, incremental progression shall be
deferred in accordance with the provisions of this clause. Provided that the increment subject to
deferral in accordance with this subclause shall be the first increment
occurring after the 6 month period.
67.10 Effect of
Suspension.
67.10.1 When
suspended with pay, a Commissioned Officer will be paid at the rate of pay for
the officer's level as at the commencement of the suspension.
67.10.2 A
suspended Commissioned Officer is not entitled to incremental progression.
67.10.3 Where a
Commissioned Officer who was suspended without pay ceases to be suspended and
continues as a Police Officer, the officer will be paid for the period of
suspension at the officer's rate of pay for the officer's level as at the
commencement of the suspension, less any hardship payments that have been paid
to the officer.
67.10.4 Where a
Commissioned Officer ceases to be suspended and continues as a Police Officer,
the officer has six months in which to comply with the requirements of this
clause to achieve increment progression
for which the officer would have been eligible if not suspended. Where the requirements are met, the officer
will be paid increment entitlements effective from the officer's incremental
date, or, dates and the officer will be eligible for the next increment on the
officer's next increment date.
67.10.5 Where an
officer does not achieve incremental progression in accordance with subclause
67.10.4, the officer will remain at the officer's then level until they achieve
the requirements for incremental progression.
On achieving the requirements for incremental progression the officer
will move to the next level and the date of that change will become the
officer's new incremental date for all future progression. An officer progressing in accordance with
this subclause will not be entitled to any incremental back pay.
67.10.6 An
officer will be given appropriate training in order to achieve increment
progression. Any subsequent failure to
meet incremental progression requirements will require the officer to undergo
appropriate remedial training.
67.10.7 This
clause only applies to a Commissioned Officer who ceases to be suspended and
continues as a Police Officer on or after 9 September 2009.
67.11 Performance
Management for Seconded Officers
Commissioned Officers on secondment from the New South
Wales Police Force whether by way of Special Leave Without Pay or otherwise,
must comply with the requirements, if any, of the seconding organisation’s
performance management scheme. They
must bring with them on return to the New South Wales Police Force a
certificate from the seconding organisation as to their satisfactory compliance
to be considered to have maintained the requirements of the Performance
Management Scheme. If no such scheme is
in place, Commissioned Officers will be required to produce a certificate to
that effect from the seconding organisation.
67.12 Effect on
Transfers
Commissioned Officers who are prevented from
undertaking a competency or attending the required number of MCPE lectures as a
consequence of a transfer shall have such matters taken into account in
competency assessment. Commissioned
Officers who have an outstanding obligation on transfer should immediately
notify their Commander/Manager on taking up duty at the new location.
67.13 Review Process
A Commissioned Officer whose incremental progression is
deferred as a consequence of not satisfying the criteria for progression at
subparagraph (b) of 67.3.3 may request in review of such a decision. Any review
shall be internal only. The grounds and process for conducting such a review
shall be as agreed between the parties.
68. Relieving Duty
68.1 General
The following provisions shall apply to Commissioned
Officers who are required to perform relieving duty in positions normally
occupied by officers of a higher rank.
68.2 Exceptions
68.2.1 This
clause does not apply to relieving duty performed in the New South Wales Police
Force Senior Executive Service positions. In such cases the provisions shall be
those approved from time to time by the Commissioner.
68.2.2 No
allowance shall be payable under this clause for relieving duty performed by a
Commissioned Officer in a position normally occupied by a Commissioned Officer
of the same rank or grade.
68.3 Amount Payable
68.3.1 Any
Inspector, during a period of relieving duty in a Superintendent position, who
satisfactorily performs the whole of the duties and assumes the whole of the
responsibilities of that position, shall be paid an allowance equal to the
difference between the Inspector’s own salary and the salary of Superintendent
(1st Year).
68.3.2 Where
an Inspector does not assume the whole of the duties and responsibilities of
the position the amount of any allowance paid shall be determined as a
percentage of the full allowance prescribed in paragraph 68.3.1 above. The
percentage of the allowance payable shall be that determined by the approving
officer and shall be "rounded up" to the nearest 10%.
68.4 Limitations on
Eligibility
68.4.1 No
allowance is payable where less than 5 consecutive working days relieving duty
is performed.
68.4.2 Where
absences of 5 days or less occur during a period of relieving duty, the
allowance is to be paid for those periods of absence. However, if the period of
relieving duty is only 5 days, during which there is a period of absence then
the allowance is not payable.
68.4.3 Except
as provided in subclause 68.5 below no allowance shall be paid in respect of
any period of leave exceeding five complete and consecutive days taken by a
Commissioned Officer during any period relieving duty in another position.
68.5 Extended Periods
of Relief
A Commissioned Officer who has performed relieving duty
for one year or more in the same position and who, due to extraordinary
circumstances, continues to perform such duty shall be eligible for payment of
the allowance for any annual, extended sick, FACS, or special leave which is
approved and taken during the further period of relief.
69. Travelling Time
69.1 In recognition of
the all incidences nature of the total salary paid to Commissioned Officers
with effect from the beginning of the first full pay period to commence on or
after 10 March 1995 the provisions of Clause 11 of the Commissioned Police
Officers Agreement, No 2395 of 1983 shall no longer apply.
SECTION 6
Disputes/Grievance
Settlement Procedure
70.
Disputes/Grievance Settlement Procedure
70.1 The object of
these procedures is to avoid disputes/grievances in the first instance and to
facilitate the resolution of grievances of individuals and disputes between the
New South Wales Police Force and its employees which do occur by conciliation
without delay. They are designed to resolve grievances and disputes at the
level as close as possible to the source. The procedures have been developed to
promote full and open consultation at each step of the process in an effort to
promote and preserve harmonious industrial relations. The parties agree that
through each stage the relevant facts are to be clearly identified and
documented and that the procedures are followed promptly.
70.2 Safety Issues -
Procedures
In cases where a safety issue is involved, the
Association shall immediately notify the Region Human Resources Manager who
shall advise the Industrial Relations Branch.
70.3 If the matter is
not resolved the Region Human Resources Manager shall refer the question
immediately to the Industrial Relations Branch and endeavour to conciliate the
matter without delay.
70.4 Subject to this
procedure being followed, the Association reserves the right to refer the
matter to the appropriate industrial tribunal.
70.5 Procedures in
Other Matters
Where a grievance/dispute arises in a particular work
location, the employee(s) will notify (in writing or otherwise) the immediate
supervisor or other appropriate person as to the substance of the
grievance/dispute, request a bilateral meeting to discuss it and state the
remedy sought. A meeting should be held, with or without the involvement of
Association officials, within 48 hours (exclusive of weekends) of the notification.
70.6 Failing
resolution of the grievance/dispute further discussions shall be held between
the Branch or other Association official and the appropriate Local Area or
other Commander/Manager who shall inform the office of the Region Human
Resource Manager (or equivalent) of the dispute. This should take place within
48 hours (exclusive of weekends) of the completion of 70.5 above.
70.7 If the
grievance/dispute is not resolved at that level, Association representatives
shall refer the matter to the Industrial Section of the Association. The Region
Human Resources Manager (or equivalent) shall refer the matter to the
Industrial Relations Branch. The matter shall then be discussed between
officers of the Association and the Industrial Relations Branch. These actions
will take place as soon as it is apparent that the earlier discussions will not
resolve the dispute/grievance.
70.8 If a grievance
has not been resolved at the conclusion of this stage of discussions, the
employer must provide a written response to the grievance, including reasons
for not implementing the proposed remedy.
70.9 If a dispute
remains unresolved the Industrial Relations Branch will assume responsibility
for liaising with the member(s) of the Senior Executive Service of the New
South Wales Police Force and advise of the final position of the Commissioner
of Police as to the issue in dispute.
70.10 Neither party
will initiate proceedings under Chapter 3 of the Industrial Relations Act 1996
until procedures under these clauses have failed to resolve the issue and each
constituent of the other party has been given three clear days notice
(exclusive of weekends) of that intent. Observance of this period of notice
shall not prejudice the position of any party to the dispute.
70.11 General
Whilst the dispute resolution procedures are continuing
normal work and the conditions under which work is performed, prior to
notification of the dispute or grievance, shall continue unless otherwise
agreed between the parties. Provided
further that in the case of a dispute or grievance involving occupational
health and safety, normal work and the conditions under which work is performed
shall continue in a manner which avoids any risk to the health and safety of
any officer, any other employee of the New South Wales Police Force or any
member of the public.
SECTION 7
TRANSFERRED
OFFICERS ENTITLEMENTS & COMPENSATION
71. Definitions
71.1 In addition to
Clause 3, the following definitions apply to this Section
71.2 "Desirable
Commuter Location" means Brisbane Water, Tuggerah Lakes, Wollongong and
Lake Illawarra Local Area Commands.
71.3 "Desirable
Location" means a location where demand for placements exceeds the
available positions to accommodate them. Desirable Locations are;
71.3.1 Northern
Region - all LAC's except for the
Hunter Valley LAC, and Tabulam and Nimbin within the Richmond LAC, and,
71.3.2 Southern
Region - includes Wollongong LAC, Lake Illawarra LAC, Shoalhaven LAC, Far South
Coast LAC and the Queanbeyan Police Station within Monaro LAC, and,
71.3.3 Desirable
Commuter Locations, and,
71.3.4 Specialist
Commands with Units located in the Locations outlined above
71.4 "Location"
within the Metropolitan Area means duty at a Local Area Command or duty in a
working environment under the auspices of a Region Commander, or a Branch,
Squad, Directorate or Bureau. "Location" outside the Metropolitan
Area means duty at a Police Station within a Local Area Command.
71.5 "Metropolitan
Area" means the Sydney Region but also includes the area referred to as
the Central Coast on the northern line as far as Gosford, the area on the
western line as far as Mount Victoria and on the Illawarra line as far as
Wollongong.
71.6 "Permanent
accommodation" means accommodation other than temporary accommodation
under Clause 77.
71.7 "Transferred
Officer" means an officer who has been assigned to a new Location, other
than from one part of the metropolitan area to another, at which duty is to be
performed, and who, as a consequence of such assignment, finds it necessary to
leave their existing residence and seek or take up a new residence, but shall
not include an officer transferred;
71.7.1 at the
officer’s own request subject to clause 72, or
71.7.2 under
an arrangement between officers to exchange positions, or
71.7.3 for
disciplinary reasons under the provisions of Section 173 of the Police Act
1990.
71.8 The Commissioner
will retain the discretion to offer all or partial transfer costs for special
purposes above the minimum standard where circumstances require, including
attraction and retention transfers.
72. Eligibility for
Entitlements under This Section
72.1 Officers are
eligible for the entitlements as Transferred Officers under this section in the
following circumstances:
72.1.1 Subject
to subclause 72.1.3, following five (5) years at a Location or, in the case of
Special Remote Locations, after the minimum tenure prescribed for these
Locations. However, where officers have performed less than the required
minimum tenure, approval may only be given in exceptional circumstances, to the
reimbursement of Removal Costs as provided in Clause 79.
72.1.2 With
respect to five (5) years at a Location in 72.1.1, any period of completed
tenure in the metropolitan area accumulates towards the five year eligibility.
72.1.3 Where
an officer transfers;
(a) From the
Metropolitan Area to a Desirable Location as defined, or
(b) From a Desirable
Location to another Desirable Location,
the officer is not entitled to the provisions of Clause
84, 85 and 86 unless the officer is;
(i) Transferred as
a result of a promotion,
(ii) Transferred
other than at the officer’s request (other than transferred as a result of
action under Section 173 of the Police Act); or
(iii) Otherwise
approved by the Commissioner.
All other entitlements under this section are not
affected by this subclause.
72.1.4 Transferred
other than at the officer’s request (other than transferred as a result of
action under Section 173 of the Police Act).
72.1.5 Subject
to subclause 72.1.3, transfers arising directly from the advertisement of a
vacant position.
72.1.6 Where
an officer moves from or into NSW Police Force official police residences,
including moves within the same town, they shall be eligible for payment of
removal costs under Clause 79 only, unless entitled to costs under another
clause of the Award.
72.1.7 Where a
spouse is also employed in the NSW Police Force or the NSW Public Service and
is also the subject of a transfer, assistance payable under this section is
paid to one person only. Where applicable however, both partners may claim the
leave concessions under Clause 76 Transfer Leave.
72.1.8 The
Commissioner may, in extraordinary circumstances, approve an officer as a
Transferred Officer, to receive eligibility under this clause, where the
Commissioner is satisfied that the officer’s hours of duty at the new Location,
or available transport to the new Location, make it impracticable for them to
travel from home to their location.
73. Officers
Appointed under Section 66A & 67 of the Police Act
73.1 Section 66A and
67 are eligible for entitlements under this section as follows;
73.1.1 Officers
temporarily appointed without a right of return to their former Location
receive full entitlements.
73.1.2 Officers
temporarily appointed with a right of return to their former Location who are
accompanied by dependents and who are not required to maintain two households
can access all entitlements but not Clause 84, 85 and 86 until appointment is confirmed.
73.1.3 Officers
temporarily appointed who do not have dependents with them until transfer is
fully finalised are entitled to access Clause 77 Cost of Temporary
Accommodation.
73.1.4 Officers
temporarily appointed who have no dependents and a right of return and not
maintaining two households are eligible for entitlements other than Clause 84,
85 and 86 until there is a permanent
appointment.
73.1.5 In
respect of Paragraph 73.1.2, and 73.1.4, removal costs and compensation for
depreciation under Clauses 79 and 82 will only be paid once. Officers must wait
until confirmation of their appointment to move their family and/or household
effects and claim appropriate costs.
74. Special Remote
Locations
A list of Special Remote Locations and Special Remote
Location tenure will be maintained in the NSW Police Force Transfer and Tenure
Policy. Changes to the content of that
list will be subject to agreement between the Parties. Agreement will not be unreasonably
withheld. The Special Remote Location
and Tenure List in the Transfer and Tenure Policy at the commencement of this
Award will have effect without the need for further consultation.
75. Notice of
Transfer
The Commissioner shall give, in writing, as long a period of
notice of transfer as is practicable, provided that, except in special or
urgent circumstances, an Officer shall not be so transferred unless they have
received at least 14 days notice of transfer in writing prior to the actual
date of transfer. The 14 days will
begin on the first day the officer is properly informed of the transfer which
may include receipt of mail or electronic mail.
76. Transfer Leave
76.1 An Officer
assigned to duty at a new Location shall be entitled to special leave on the
following basis:
76.1.1 two
days on full pay for the purpose of visiting the new location with a view to
obtaining suitable permanent accommodation;
76.1.2 two
days on full pay for the purpose of preparation and packing of personal and
household effects prior to removal or two days for the purpose of arranging
storage;
76.1.3 such
leave as is necessary, on full pay to travel to the new location for the
purpose of commencing duty, and/or for the purposes referred to in
Paragraph 76.1.1
76.1.4 one day
on full pay for the combined purpose of cleaning the premises being vacated
and/or occupying and settling into the new premises.
76.1.5 Where
the purposes referred to above cannot be achieved in the time specified the
Commissioner may grant such extra leave as necessary.
76.1.6 When an
Officer travels to the new location to seek accommodation and incurs expenses
in relation to overnight accommodation, the officer shall, subject to the
production of receipts be reimbursed reasonable and actual cost of meals and
accommodation for self (capped at the maximum travelling allowance rate for one
officer) and reasonable and actual cost of meals for a member of the household
(capped at the maximum meal expense allowance).
76.2 Provided suitable
arrangements can be made for the performance of duties during the Officer’s
absences, a transferred officer who has been unable to secure accommodation for
the family at the new location shall be entitled to sufficient special leave to
permit a return home at weekends once each month and spend two consecutive days
and nights with the family, together with an additional day and night in
respect of each public holiday occurring in conjunction with such weekend and
on which the Officer would not normally
be rostered for duty. Such leave shall be limited to the time necessarily
required in travelling in each case on the day preceding and the day following
such weekend or long weekend, as the case may be.
76.3 Where a
transferred Officer is located in a location where a return home once each
month in terms of the foregoing paragraph is not possible such Officer after
four weeks at the new location, shall be entitled to sufficient leave to allow
the Officer two consecutive days and nights at a weekend with the family.
Thereafter such Officer shall be allowed to accumulate special leave at the
rate of two days per month until sufficient leave is available to allow a
return home at a weekend for a similar period.
77. Cost of Temporary
Accommodation
77.1 For the purposes
of this clause of the award, temporary accommodation shall not include
Government owned residences, or privately owned rented accommodation, i.e.
house or flat.
77.2 Where a
transferred officer, including an officer referred to in Clause 73, maintaining
dependant relatives in their home: -
77.2.1 is
required to vacate the existing residence prior to departure for the new
location; and/or
77.2.2 finds
it necessary to secure board and lodging for self and dependant relatives at
the new location pending permanent accommodation becoming available,
transferred officers with dependent relatives will be reimbursed up to a
maximum of $254 per week plus an additional $27 per week for each dependent
child 6 years and over (to a maximum contribution of $54 per week), where the
cost of accommodation exceeds the amount calculated in the following table:
Salary of
|
Amount
|
Each Dependant Child
6 yrs of age and over (Max. contribution
|
Employee and Spouse
|
|
$54 per week)
|
$ Per Annum
|
$ Per
|
$ Per week
|
|
week
|
|
Up to $28233
|
$218
|
$27
|
$28234 to $35980
|
$239
|
$27
|
$35981 to $46258
|
$262
|
$27
|
$46259 to $59477
|
$324
|
$27
|
$59478 and over
|
$412
|
$27
|
77.3 Provided that
where permanent accommodation is not available and a transferred officer moves
to the new location ahead of the dependants, necessary board and lodging expenses
in excess of $51 per week and up to a maximum allowance of $254 per week, shall
be payable.
77.4 Where a
transferred officer not maintaining dependant relatives in the home is unable
to secure permanent accommodation at the new location, such officer shall be
paid an allowance of up to 50 per cent of the total costs of board and lodging
expenses incurred for a maximum period of four weeks, subject to the maximum
allowance so payable not exceeding $254 per week.
77.5 Where the period
of four weeks referred to above is not sufficient for the officer to obtain
suitable permanent accommodation, the Commissioner will consider each case on
its merits but will require full particulars to be supplied.
77.6 The payment of
allowances under subclauses 77.2 and 77.4 of this clause shall in all cases be
subject to:
77.6.1 the
production of receipts;
77.6.2 a
written undertaking by the officer that any reasonable offer of accommodation
will be accepted;
77.6.3 evidence
that the officer is taking all reasonable steps to secure a residence at the
new location, including application to NSW Housing;
77.6.4 where
the Commissioner considers that a transferred officer has refused to accept
reasonable suitable accommodation, the Commissioner may discontinue the payment
of an allowance under this clause. The decision to discontinue the payment of
an amount may be referred by the employee or the Association to a committee
consisting of two representatives of the Association and two representatives of
the Commissioner. In the event of no mutual decision being arrived at by such a
Committee, the matter in dispute may be referred to the Industrial Relations
Commission of NSW.
78. Excess Rent
Assistance
78.1 Where a
transferred officer secures privately rented accommodation (e.g. a private
house) at his or her new location and incurs excess rent then the transferred
officer is eligible for assistance as per the table below for a period of up to
a maximum of 6 months.
Officer with 2 or more dependant children
|
$68 per week
|
Officer with 1 dependant child
|
$59 per week
|
Officer without dependant children
|
$51 per week
|
78.2 The formula for
excess rent is as follows.
Excess rent in respect of any transferred officer means
rent in excess of the officer’s weekly contribution calculated as follows:
Contribution
|
=
|
Substantive salary
|
x
|
(Substantive
salary + 2927)
|
|
|
|
|
101,840
|
"Officer’s weekly contribution" shall be the
"Contribution" as above multiplied by 7 and divided by 365.25.
The formula for calculating an officer’s weekly
contribution is based on:
(a) 15% of the
salary of a General Scale Clerk, Step 10 A&C
(b) 20% of the
salary of Clerk, min. Grade 4 A&C
(c) 25% of the
salary of Clerk, min. Grade 7 A&C
In the event of movement in the salaries for these
classifications in the Crown Employees (Administrative and Clerical Officers -
Salaries) Award 2007, the formula will be varied as follows:
replacing the figure of 101,840 by ten times the
difference between the salaries for the Step 10 of the General Scale and for
the minimum of Grade 7, A&C and,
replacing the figure of 2,927 by the difference between
the salary for the Step 10 of the General scale and 15% of the figure referred
above.
Prior to the allowance being granted, a transferred
officer must produce documentary evidence of the unsuccessful and reasonable
efforts to obtain other accommodation of a reasonable standard at a lower rent.
Where they are eligible for admission to Housing NSW eligibility lists,
application should be made to Housing NSW and evidence of this fact
submitted.
78.3 In exceptional
circumstances, the Commissioner may extend excess rent payments beyond six
months, including in areas where there is an acute shortage of housing of a
reasonable standard, and areas experiencing extremely high rents due to
conditions which are abnormal compared with those generally in New South Wales.
79. Removal Costs
79.1 A transferred
officer shall be entitled to reimbursement for the costs actually and
necessarily incurred in removing personal and household effects to the new
location, including expenses actually and reasonably incurred by employees and
their families for meals and accommodation during the course of the journey
where the Commissioner is satisfied that the journey was travelled by the
shortest practicable route and completed within a reasonable time. All claims
will be submitted promptly.
79.2 Where an officer
who uses a private vehicle for the purposes of official business finds it
necessary to transport another private vehicle, normally used by a dependant
relative maintained by the officer in the household, the cost of transporting
or driving that vehicle to the officer’s new location shall be deemed to be
part of removal costs and the officer shall be allowed the option of being
paid;
79.2.1 the
cost of transportation by either rail or road transport, or
79.2.2 where
the vehicle is driven to the new location, car allowance at the Casual rate
prescribed from time to time.
79.3 Removal expenses
allowed under this award shall include the cost of insuring furniture and
effects whilst in transit up to an amount of $38,000.
Provided that:
Where the insured value exceeds $38,000, the
transferred officer, in addition to providing the inventory of items to be
transferred shall, in order to be reimbursed for the additional excess claimed
provide either:
79.3.1 A
current household contents policy showing the insured value and a declaration
that all items included in the contents policy are being removed or stored.
Where all items in the policy are not to be transferred, the claim should be
reduced proportionately; or
79.3.2 A certificate
of valuation from a registered valuer certifying the value of the furniture and
effects being removed or stored.
79.4 Should a
transferred officer refuse or fail to provide either of the above, the officer will
only be allowed reimbursement up to a maximum of $38,000.
79.5 Where, due to
circumstances beyond the control of the transferred officer, the furniture and
effects of such officer arrive late at the new location, or are moved before
the officer’s departure from the previous location, such officer shall be
reimbursed expenses for meals and accommodation properly and reasonably
incurred by the officer and any dependants.
80. Storage of
Furniture
Where the Commissioner is satisfied upon written application
that a transferred officer is unable to secure suitable permanent accommodation
at the new location and is required to store furniture while waiting to secure
permanent accommodation, the Commissioner will approve the storage of removals. Where approval is given, the officer is
eligible to receive the cost of storage and cartage to the store and from the
store to the officer’s residence. The officer shall also be allowed the cost of
insurance of furniture while in storage upon the same basis as prescribed in
subclause 79.3. Written applications will be made in advance, however the
Commissioner may accept an application that is lodged later only where
circumstances beyond the officer’s control prevented it, and where it is made
as soon as possible thereafter.
81. Cost of Personal
Transport
81.1 A transferred
officer shall be entitled to the option of the first class rail fare or
reimbursement for the use of a private vehicle on the following basis:
81.1.1 For
self and one member of the household when proceeding on leave as in paragraph
76.1.1,
81.1.2 For
self and all members of the household when proceeding on leave as in paragraph
76.1.3, in so far as that paragraph
refers to the commencement of duty; provided that where the members of the
officer’s household do not travel on the occasion on which such leave is taken,
the entitlement to costs for their personal transport shall be deferred until
such time as travel to take up residence at the officer’s new location occurs.
81.1.3 For
self when proceeding on transfer leave for the purposes of transfer leave under
subclause 76.2.
81.2 Where an officer
elects to use a private vehicle such officer shall be paid a car allowance at
the casual rate prescribed from time to time, except in respect of travel by
the officer involved in the taking up of duty at the new location in which case
payment shall be at the official business rate prescribed from time to time.
81.3 Car allowance
paid in respect of travel under 81.1.1 shall not exceed the cost of first class
rail fares for the transferred officer and one member of the household; and
under 81.1.3, the cost of first class rail fares for the transferred officer.
81.4 Where an overall
saving to the Government would eventuate, an officer and one member of the
household when proceeding on leave as in 76.1.1, shall be entitled to economy
class air fares in lieu of first class rail fares or reimbursement for the use
of a private motor vehicle subject to the policy as laid down from time to time
by the Department of Premier and Cabinet for use of air travel.
82. Compensation for
Depreciation and Disturbance
A transferred officer shall be entitled to compensation for
the accelerated depreciation of personal and/or household effects removed to a
new location, occasioned by the relocation. Such entitlement shall be $1,126
where the Commissioner is satisfied that such officer has removed a substantial
portion of what constitutes normal household furniture, furnishings and
fittings of not less value than $7,037; a pro rata amount being payable where
the value is less than $7037.
83. Education of
Children
83.1 Upon the
production of receipts a transferred officer shall be entitled to be reimbursed
for accommodation expenses exceeding $27 per week, up to a maximum of $56 per
week, for each dependant child undertaking Year 12 where the elected subjects
are not available at a school in the transferred officer’s new location. The
transferred officer will be required to provide a certificate from the
Department of Education and Training confirming that the elected subjects are
not available at the transferred officer’s new location.
83.2 Upon the
production of receipts and proof of school requirements for uniform, a
transferred officer shall be entitled to be reimbursed for the cost of those
items of essential school clothing listed hereunder that are required to be
replaced or purchased as a direct result of the officer’s transfer from the
former location to the new location requiring the changing of schools. A
transferred officer is not entitled to be reimbursed for an item of uniform
which is suitable for use at either school, but for which a child has
outgrown. When an item of clothing
required at the new school is not included in the basic list, the Commissioner
may reimburse the transferred officer the cost of same, but will require full
particulars and the circumstances surrounding the requirement to purchase
including production of receipts.
MALE
|
WINTER UNIFORMS
|
SUMMER UNIFORMS
|
|
1 Suit Coat
|
3 shirts
|
|
2 pairs of winter trousers
|
2 pairs of trousers (short)
|
|
1 tie
|
3 pairs of long socks
|
|
3 shirts
|
1 hat
|
|
1 jumper/cardigan
|
|
|
3 pairs of socks
|
|
|
1 pair of shoes
(where there is a unique requirement)
|
|
|
1 track suit/sports uniform (but not both)
|
|
|
1 pair of sandshoes
|
|
|
FEMALE
|
WINTER UNIFORMS
|
SUMMER UNIFORMS
|
1 hat
|
3 blouses
|
1 blazer
|
2 tunics
|
2 tunics
|
3 pairs of stockings/socks
|
3 blouses
|
1 hat
|
1 tie
|
|
3 pairs of stockings/socks
|
|
1 pair of gloves
|
|
1 pair of shoes (where there is a unique requirement)
|
|
1 tracksuit/sports uniform (but not both)
|
|
1 pair of sandshoes
|
|
1 jumper/cardigan
|
|
84. Conveyancing and
Other Costs
84.1 A Transferred
Officer who as a Consequence of the Transfer to a New Location, Sells a Residence
at the Former Location, and Buys a Residence Or Land Upon which to Erect a
Residence at the New Location Shall Subject to the Conditions Prescribed in
Subclause 84.2, be Entitled to Reimbursement of the Following Expenses Incurred
in Such Transactions:-
84.1.1 where a
solicitor or a registered conveyancing company has been engaged to act on
behalf of the officer in those transactions, the professional costs and
disbursements by the solicitor or a registered conveyancing company in respect
of such transactions;
84.1.2 stamp
duty as per clause 85;
84.1.3 where
the officer has engaged an estate agent to sell the residence at the former
location, the commission paid to the estate agent in respect of such sale.
84.2 Reimbursement of
expenses.
84.2.1 Reimbursement
of expenses under this clause shall only be made where the sale of the
officer’s former residence and the purchase of either a residence or land upon
which to erect a residence at the new location are effected within a period
commencing not earlier than six months prior to the officer’s transfer and
ending not more than four years after such transfer.
84.2.2 A
period of residence in a police residence is not to count towards the period of
four years set out in clause 84.2.1.
84.2.3 A
transferred officer owning a residence at a former location but who has taken
up rented accommodation on transfer shall be regarded as covered by the award
provisions relating to the reimbursement of conveyancing and incidental costs
on the current transfer or a subsequent transfer, provided a period of not more
than 4 years has elapsed since the officer’s immediately preceding transfer.
84.2.4 Where
it is not practicable for the transferred officer to purchase a residence in
the new location and such officer has disposed of the former residence, such
officer is not to be excluded from the award benefit when subsequently
purchasing a residence in the new location on a current or subsequent transfer
within the time allowed in subclause 84.2.3 above.
84.2.5 The
Commissioner will be prepared to consider individual cases where the four-year
period referred to in 84.2.1, 84.2.3 and 84.2.4 has been exceeded but will require full details of why sale
and/or purchase of the transferred officer’s residence could not be completed
in the four year period.
84.2.6 The
maximum amounts which an officer may be reimbursed under this clause shall be
limited to the amounts which would be payable had the sale and purchase prices
of the properties involved been $520,000 in each cases.
85. Refund of Stamp
Duty, Registration of Transfer and Mortgage Fees
85.1 A transferred
officer who as a consequence of the transfer to a new location:
85.1.1 sells a
residence at the former location, and
85.1.2 buys a
residence or land upon which to erect a residence at the new location, shall be
entitled to reimbursement of;
(a) stamp duty paid
in respect of the purchase of the residence, or the land, and a house erected
on that land at the new location, and
(b) stamp duty paid in
respect of any mortgage entered into or the discharge of mortgage in connection
with transactions mentioned in paragraphs 85.1.1 and 85.1.2 of this subclause;
(c) registration
fees on transfers and mortgages on the residence, or the land and a house erected
on the land, on the following basis:
(i) where the
purchase is completed and the transferred officer enters into occupation of the
residence within 15 months of transfer, such officer will be eligible for the
reimbursement of stamp duty in full;
(ii) where the
occupation of the residence purchased or erected as a result of transfer is not
completed within 15 months but is completed within 4 years of transfer,
reimbursement of stamp duty is not to exceed the amount which would have been
payable had the sale and purchase prices of the properties involved been
$520,000 in each case.
85.2 A transferred
officer who as a consequence of the transfer to a new location:
85.2.1 does
not sell a residence at the former location, but
85.2.2 buys a
residence or land upon which to erect a residence at the new location, shall be
entitled to reimbursement of:
(a) stamp duty paid
in respect of the purchase of the residence or the land, and a house erected on
that land at the new location,
(b) stamp duty paid
on any mortgage entered into in connection with the purchase and
(c) registration
fees on transfer and mortgages on the residence or the land and house erected
on that land
provided the officer enters into occupation of the
residence within 15 months of transfer to the new location.
86. Incidental Costs
Upon Change of Residence
86.1 Where a
transferred officer entitled to the reimbursement of conveyancing and other
costs under clause 84, Conveyancing and Other Costs, of this award, purchases a
residence or the land upon which to erect a residence at the new location prior
to the sale of the former residence, such officer shall be entitled to
reimbursement for any Council or other Local Government rates levied in respect
of the former residence in respect of any period during which such former
residence remains untenanted, provided that the Commissioner may require the
employee to furnish acceptable evidence that reasonable efforts are being made
to sell the former residence at a fair market price.
86.2 A transferred
officer shall be entitled to reimbursement of any costs incurred in respect of
the connection of gas and/or electricity supplies not being refundable costs
and of telephone installation at the new residence, provided that the cost of
telephone installation shall be reimbursed only where a telephone was installed
at the employee’s former residence.
86.3 A transferred
officer entitled to the reimbursement of conveyancing and other costs under clause
84, shall be entitled to reimbursement of the cost of survey certificates, pest
certificates and/or building society registration fees reasonably incurred in
seeking financial accommodation for the purpose of purchasing a new residence
or the land upon which to erect a new residence at the new location, and the
fees associated with discharging the mortgage on the officer’s former
residence.
86.4 A transferred
officer shall be entitled to reimbursement for the fees charged by Australia
Post for the re-direction of mail for the first month following the vacation of
the former residence.
87. Relocation on
Retirement
87.1 Upon retirement
from the Police Force at a place other than the place of original recruitment
to the Police Force, an officer shall be entitled to be reimbursed the costs
actually and necessarily incurred in removing personal and household effects to
a location of the officer’s choice, other than to a location substantially the
same as the location at retirement, unless the officer is moving from a Police
residence, together with the cost of insuring the same against damage in
transit on the basis provided for in subclause 79.3, provided:
87.1.1 that
the maximum amount of such reimbursement shall be limited to that payable had
the officer moved to the place of original recruitment to the Police Force; and
87.1.2 the
officer’s relocation is effected within the period of 12 months following date
of retirement.
87.2 Upon the death of
an officer, the provisions referred to above shall apply to any claims made by
the spouse of the deceased officer within a period of 12 months of the
transferred officer’s death provided the spouse was married to or in a bona
fide common law relationship with the officer at the time of death, and the
residence was the spouse’s principal place of residence at the time of the
death of the officer.
87.3 The Commissioner
will be prepared to consider any claims by children or dependant relatives of
the deceased officer in similar circumstances but will require full particulars
as to the reasons for special consideration.
88. Existing Benefits
The circumstances under which claims for transferred
officers’ compensation are currently granted under existing determinations and
policies will continue to apply for all purposes where not otherwise provided
for or altered within this award.
SECTION 8 - LEAVE
RESERVED
89. Leave Reserved
89.1 Leave is reserved
for the Police Association of NSW to make application for variation of this
Award to:
89.1.1 incorporate
into the award, maternity leave provisions consistent with a NSW State endorsed
flow-on arising out of a future federal minimum standard; and
89.1.2 to
pursue improved remuneration having regard to attraction and retention for:
(a) Officers attached
to the Tactical Operations Unit; and
(b) Officers
attached to Police Prosecutors Branch.
89.2 Leave is reserved
for the NSW Police Force to pursue a review and modernisation of rural and
remote attraction and retention arrangements.
SECTION 9 - AREA,
INCIDENCE AND DURATION
90. Area, Incidence
and Duration
90.1 This Award
applies to all officers defined herein.
90.2 It shall take
effect on and from 15 December 2009 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 June 2011.
90.3 This Award
rescinds and replaces the provisions of the Crown Employees (Police Officers -
2008) Award published 29 August 2008 (366 I.G. 502) as varied (see Schedule 1).
90.4 Except where
inconsistent with this Award the provisions of any other existing Agreement or
Determination will continue to apply.
91. Transition from
Eight (8) Hour Break to Ten (10) Hour Break.
91.1 Rosters that have
commenced prior to the date of making this award will continue to apply the
eight hour break provision of Clauses 43 and 46 of the Crown Employees (Police
Officers - 2008) Award. Officers working under such rosters will observe the
eight hour breaks only until the completion of that roster. Any roster
commencing on or after the date of making this award will be subject to the
provisions of subclauses 44.8 and 47.7 (ten hour breaks) for all purposes.
92. Transition
Arrangements for Transferred Officers under Section 7
92.1 Where an officer
has received an offer of transfer before the date this Award is made, the
applicable provisions which existed immediately prior to this award being made
will apply.
92.2 The arrangements
prior to this award will continue to apply to officers who are able to
demonstrate that they were genuinely the subject of an approved transfer but
for reasons outside the officer’s control have not accepted an offer of transfer
prior to the date this award is made.
92.3 Subject to 92.1
and 92.2 above, an officer who accepts a transfer after the date this Award is
made shall be entitled to the transfer entitlements under Section 7 of this
award.
92.4 For a period of
six months from the date this Award is made, Transferred Officers will be
advised in writing at the time of being offered a transfer, or at an earlier
time, whether their transfer attracts entitlements under the provisions which
existed immediately prior to this award being made, or under this award.
92.5 The dispute
settling procedures of the award will apply where there is a dispute as to the
operation of these arrangements.
PART B
MONETARY RATES
Table 1 -
Non-Commissioned Officers’ (Other than Detectives) Salaries
From the beginning of the first full pay period to
commence on or after 1 July 2009 - 4%.
|
Rank/Incremental Level
|
Base Salary
|
Loaded Salary
|
|
Per Annum
|
(+ 11.5%)
|
|
|
Per Annum
|
|
$
|
$
|
Probationary Constable (Level 1)
|
49,768
|
55,491
|
Constable Level 2
|
51,647
|
57,586
|
Constable Level 3
|
53,522
|
59,677
|
Constable Level 4
|
55,399
|
61,770
|
Constable Level 5
|
56,340
|
62,819
|
|
|
|
Senior Constable Level 1
|
61,979
|
69,107
|
Senior Constable Level 2 Step 1
|
62,914
|
70,149
|
Senior Constable Level 2 Step 2
|
62,914
|
70,149
|
Senior Constable Level 3 Step 1
|
65,731
|
73,290
|
Senior Constable Level 3 Step 2
|
65,731
|
73,290
|
Senior Constable Level 3 Step 3
|
65,731
|
73,290
|
Senior Constable Level 4 Step 1
|
69,489
|
77,480
|
Senior Constable Level 4 Step 2
|
69,489
|
77,480
|
Senior Constable Level 5 Step 1
|
71,364
|
79,571
|
Senior Constable Level 5 Step 2
|
71,364
|
79,571
|
Senior Constable Level 6
|
72,303
|
80,618
|
|
|
|
Leading Senior Constable Level 1 Step 1
|
74,604
|
83,183
|
Leading Senior Constable Level 1 Step 2
|
74,604
|
83,183
|
Leading Senior Constable Level 2
|
76,547
|
85,350
|
|
|
|
Sergeant 1st Year
|
73,244
|
81,667
|
Sergeant 2nd Year
|
73,244
|
81,667
|
Sergeant 3rd Year
|
77,000
|
85,855
|
Sergeant 4th Year
|
77,000
|
85,855
|
Sergeant 5th Year
|
79,816
|
88,995
|
Sergeant 6th Year
|
79,816
|
88,995
|
Sergeant 7th Year
|
83,573
|
93,184
|
Sergeant 8th Year
|
83,573
|
93,184
|
Sergeant 9th Year
|
84,512
|
94,231
|
|
|
|
Senior Sergeant 1st Year
|
83,573
|
93,184
|
Senior Sergeant 2nd Year
|
83,573
|
93,184
|
Senior Sergeant 3rd Year
|
84,512
|
94,231
|
Senior Sergeant 4th Year
|
86,387
|
96,322
|
Senior Sergeant 5th Year
|
89,135
|
99,386
|
|
|
|
Probationary Constable (Level 1)
|
51,759
|
57,711
|
Constable Level 2
|
53,713
|
59,890
|
Constable Level 3
|
55,663
|
62,064
|
Constable Level 4
|
57,615
|
64,241
|
Constable Level 5
|
58,594
|
65,332
|
Senior Constable Level 1
|
64,458
|
71,871
|
Senior Constable Level 2 Step 1
|
65,431
|
72,956
|
Senior Constable Level 2 Step 2
|
65,431
|
72,956
|
Senior Constable Level 3 Step 1
|
68,360
|
76,221
|
Senior Constable Level 3 Step 2
|
68,360
|
76,221
|
Senior Constable Level 3 Step 3
|
68,360
|
76,221
|
Senior Constable Level 4 Step 1
|
72,269
|
80,580
|
Senior Constable Level 4 Step 2
|
72,269
|
80,580
|
Senior Constable Level 5 Step 1
|
74,219
|
82,754
|
Senior Constable Level 5 Step 2
|
74,219
|
82,754
|
Senior Constable Level 6
|
75,195
|
83,842
|
|
|
|
Leading Senior Constable Level 1 Step 1
|
77,588
|
86,511
|
Leading Senior Constable Level 1 Step 2
|
77,588
|
86,511
|
Leading Senior Constable Level 2
|
79,609
|
88,764
|
|
|
|
Sergeant 1st Year
|
76,174
|
84,934
|
Sergeant 2nd Year
|
76,174
|
84,934
|
Sergeant 3rd Year
|
80,080
|
89,289
|
Sergeant 4th Year
|
80,080
|
89,289
|
Sergeant 5th Year
|
83,009
|
92,555
|
Sergeant 6th Year
|
83,009
|
92,555
|
Sergeant 7th Year
|
86,916
|
96,911
|
Sergeant 8th Year
|
86,916
|
96,911
|
Sergeant 9th Year
|
87,892
|
98,000
|
|
|
|
Senior Sergeant 1st Year
|
86,916
|
96,911
|
Senior Sergeant 2nd Year
|
86,916
|
96,911
|
Senior Sergeant 3rd Year
|
87,892
|
98,000
|
Senior Sergeant 4th Year
|
89,842
|
100,174
|
Senior Sergeant 5th Year
|
92,700
|
103,361
|
Table 2 -
Detectives’ Salaries
From the beginning of the first full pay period to
commence on or after 1 July 2009 - 4%
|
Rank/Incremental Level
|
Base Salary
|
Base Salary for
|
Loaded Salary
|
|
|
Overtime
|
|
|
|
Purposes
|
(+ 11.5%,
|
|
|
(+ Allowance
|
Allowance
|
|
|
Equivalent to
|
Equivalent to
|
|
|
Grade 3
|
Grade 3 Special
|
|
|
Special Duties
|
Duties Allowance
|
|
|
Allowance)
|
and Detectives’
|
|
|
|
Special
|
|
|
|
Allowance)
|
|
Per Annum
|
Per Annum
|
Per Annum
|
|
$
|
$
|
$
|
Detective 1st Year
|
55,399
|
58,764
|
66,607
|
Detective 2nd Year
|
56,340
|
59,705
|
67,656
|
Detective 3rd Year
|
61,979
|
65,344
|
73,944
|
Detective 4th Year
|
62,914
|
66,279
|
74,986
|
Detective 5th Year
|
65,731
|
69,096
|
78,127
|
Detective 6th Year
|
69,489
|
72,854
|
82,317
|
Detective 7th Year
|
71,364
|
74,729
|
84,408
|
Detective 8th Year
|
72,303
|
75,668
|
85,455
|
Detective 9th Year
|
74,604
|
77,969
|
88,020
|
Detective 10th Year
|
76,547
|
79,912
|
90,187
|
Detective Sergeant 1st Year
|
73,244
|
76,609
|
86,504
|
Detective Sergeant 2nd Year
|
73,244
|
76,609
|
86,504
|
Detective Sergeant 3rd Year
|
77,000
|
80,365
|
90,692
|
Detective Sergeant 4th Year
|
79,816
|
83,181
|
93,832
|
Detective Sergeant 5th Year
|
83,573
|
86,938
|
98,021
|
Detective Sergeant 6th Year
|
84,512
|
87,877
|
99,068
|
|
|
|
|
Detective Senior Sergeant 1st Year
|
83,573
|
86,938
|
98,021
|
Detective Senior Sergeant 2nd Year
|
84,512
|
87,877
|
99,068
|
Detective Senior Sergeant 3rd Year
|
86,387
|
89,752
|
101,159
|
Detective Senior Sergeant 4th Year
|
89,135
|
92,500
|
104,223
|
|
|
|
|
Detective 1st Year
|
57,615
|
61,115
|
69,272
|
Detective 2nd Year
|
58,594
|
62,094
|
70,363
|
Detective 3rd Year
|
64,458
|
67,958
|
76,902
|
Detective 4th Year
|
65,431
|
68,931
|
77,987
|
Detective 5th Year
|
68,360
|
71,860
|
81,252
|
Detective 6th Year
|
72,269
|
75,769
|
85,611
|
Detective 7th Year
|
74,219
|
77,719
|
87,785
|
Detective 8th Year
|
75,195
|
78,695
|
88,873
|
Detective 9th Year
|
77,588
|
81,088
|
91,542
|
Detective 10th Year
|
79,609
|
83,109
|
93,795
|
|
|
|
|
Detective Sergeant 1st Year
|
76,174
|
79,674
|
89,965
|
Detective Sergeant 2nd Year
|
76,174
|
79,674
|
89,965
|
Detective Sergeant 3rd Year
|
80,080
|
83,580
|
94,320
|
Detective Sergeant 4th Year
|
83,009
|
86,509
|
97,586
|
Detective Sergeant 5th Year
|
86,916
|
90,416
|
101,942
|
Detective Sergeant 6th Year
|
87,892
|
91,392
|
103,031
|
|
|
|
|
Detective Senior Sergeant 1st Year
|
86,916
|
90,416
|
101,942
|
Detective Senior Sergeant 2nd Year
|
87,892
|
91,392
|
103,031
|
Detective Senior Sergeant 3rd Year
|
89,842
|
93,342
|
105,205
|
Detective Senior Sergeant 4th Year
|
92,700
|
96,200
|
108,392
|
Table 3 -
Commissioned Officers’ Salaries
From the beginning of the first full pay period to
commence on or after 1 July 2009 - 4%
|
Rank/Incremental Level
|
Per Annum
|
|
$
|
Inspector 1st Year
|
104,423
|
Inspector 2nd Year
|
109,735
|
Inspector 3rd Year
|
117,036
|
Inspector 4th Year
|
120,843
|
Inspector 5th Year
|
122,675
|
Inspector 6th Year
|
125,530
|
Inspector 7th Year
|
130,283
|
Inspector 8th Year
|
132,190
|
From the beginning of the first full pay period to
commence on or after 1 July 2009- 4%
|
Rank/Incremental Level
|
Per Annum
|
|
$
|
Superintendent 1st
Year
|
142,249
|
Superintendent 2nd
Year
|
147,483
|
Superintendent 3rd
Year
|
149,386
|
Superintendent 4th
Year
|
151,288
|
Superintendent 5th
Year
|
153,509
|
Superintendent 6th
Year
|
156,047
|
Superintendent 7th Year
|
157,951
|
Superintendent 8th
Year
|
162,316
|
From the beginning of the first full pay period to
commence on or after 1 July 2010 - 4%
|
Rank/Incremental Level
|
Per Annum
|
|
$
|
Inspector 1st Year
|
108,600
|
Inspector 2nd Year
|
114,124
|
Inspector 3rd Year
|
121,717
|
Inspector 4th Year
|
125,677
|
Inspector 5th Year
|
127,582
|
Inspector 6th Year
|
130,551
|
Inspector 7th Year
|
135,494
|
Inspector 8th Year
|
137,478
|
From the beginning of the first full pay period to
commence on or after 1 July 2010 - 4%
|
Rank/Incremental Level
|
Per
|
|
Annum
|
|
$
|
Superintendent 1st Year
|
147,939
|
Superintendent 2nd Year
|
153,382
|
Superintendent 3rd Year
|
155,361
|
Superintendent 4th Year
|
157,340
|
Superintendent 5th Year
|
159,649
|
Superintendent 6th Year
|
162,289
|
Superintendent 7th Year
|
164,269
|
Superintendent 8th Year
|
168,809
|
Table 4 -
Travelling Allowance and Motor Vehicle Allowances
Item 1
Capital Cities
|
Per Day
|
|
$
|
|
|
Sydney
|
289.80
|
Adelaide
|
263.80
|
Brisbane
|
307.80
|
Canberra
|
251.80
|
Darwin
|
265.80
|
Hobart
|
223.80
|
Melbourne
|
279.80
|
Perth
|
270.80
|
High Cost Country Centres
|
Per Day
|
|
$
|
|
|
Ballarat (VIC)
|
225.30
|
Bendigo(VIC)
|
228.80
|
Bright(VIC)
|
217.30
|
Broome(WA)
|
313.80
|
Bunbury (WA)
|
226.80
|
Burnie(TAS)
|
231.80
|
Cairns (Qld)
|
229.80
|
Carnarvon(WA)
|
253.10
|
Christmas Island(WA)
|
229.30
|
Cocos (Keeling) Island
|
216.80
|
Damiper (WA)
|
281.20
|
Derby(WA)
|
288.30
|
Devonport(TAS)
|
235.30
|
Emerald(QLD)
|
219.80
|
Esperance (WA)
|
221.80
|
Exmouth(WA)
|
296.80
|
Geelong (VIC)
|
227.80
|
Geraldton(WA)
|
236.30
|
Gladstone (Qld)
|
225.30
|
Gold Coast(QLD)
|
241.80
|
Halls Creek(WA)
|
254.30
|
Hervey Bay (QLD)
|
225.80
|
Horn Island(QLD)
|
265.80
|
Horsham (VIC)
|
219.80
|
Jabiru(NT)
|
304.80
|
Kalgoorlie(WA)
|
237.30
|
Karratha(WA)
|
391.80
|
Kununurra(WA)
|
264.30
|
Launceston(TAS)
|
222.30
|
Mackay(QLD)
|
239.30
|
Maitland(NSW)
|
214.80
|
Mount Gambier (SA)
|
208.30
|
Mount Isa(QLD)
|
265.30
|
Newcastle(NSW)
|
234.30
|
Newman(WA)
|
276.80
|
Norfolk Island
|
226.30
|
Port Headland(WA)
|
376.80
|
Port Macquarie(NSW)
|
221.80
|
Thursday Island (QLD)
|
286.80
|
Townsville (QLD)
|
230.80
|
Wagga Wagga (NSW)
|
224.30
|
Warrnambool(VIC)
|
219.80
|
Weipa(QLD)
|
244.80
|
Wilpena-Pound
|
241.80
|
Wonthaggi(VIC)
|
228.80
|
Yulara(NT)
|
437.80
|
Tier 2 Country Centres
|
Per Day
|
|
$
|
|
|
Albany (WA)
|
205.55
|
Alice Springs (NT)
|
205.55
|
Bairnsdale (Vic)
|
205.55
|
Bathurst (NSW)
|
205.55
|
Bordertown (SA)
|
205.55
|
Broken Hill (NSW)
|
205.55
|
Castlemaine (Vic)
|
205.55
|
Ceduna (SA)
|
205.55
|
Dalby (Qld)
|
205.55
|
Dubbo (NSW)
|
205.55
|
Echuca (Vic)
|
205.55
|
Innisfail (Qld)
|
205.55
|
Kadina (SA)
|
205.55
|
Mount Gambier (SA)
|
205.55
|
Naracoorte (SA)
|
205.55
|
Orange (NSW)
|
205.55
|
Port August (SA)
|
205.55
|
Port Lincoln (SA)
|
205.55
|
Portland(VIC)
|
205.55
|
Renmark (SA)
|
205.55
|
Roma (Qld)
|
205.55
|
Seymour (Vic)
|
205.55
|
Swan Hill (Vic)
|
205.55
|
Whyalla(SA)
|
205.55
|
Wollongong(NSW)
|
205.55
|
|
|
Other country centres
|
$190.55
|
Item 2
Incidental expenses allowance - when claiming
|
$16.50
|
actual expenses - all locations
|
|
Item 3
Meal allowances - when claiming actual expenses on
overnight stays
|
|
|
|
Capital cities and high cost country centres
|
|
|
|
$
|
|
Breakfast
|
22.30
|
|
Lunch
|
25.00
|
|
Dinner
|
43.00
|
|
|
|
|
Tier 2 and other country centres
|
|
|
|
|
|
Breakfast
|
19.95
|
|
Lunch
|
22.80
|
|
Dinner
|
39.30
|
|
Item 4
Use of Private Motor Vehicle
|
|
Official Business - Engine capacity
|
Cents per
|
|
kilometre
|
2601cc and over
|
75.0
|
1601cc‐2600cc
|
74.0
|
1600cc or less
|
63.0
|
|
|
Casual Rate - Engine capacity
|
|
|
|
2601cc and over
|
30.0
|
1601cc‐2600cc
|
29.6
|
1600cc or less
|
25.2
|
|
|
Motor Cycle Allowance
|
|
|
|
(50% of the 1600cc or less official business rate)
|
31.5
|
Table 5 - Remote
Areas - Living Allowance
Item 1
With Dependents
|
Per Annum
|
|
$
|
|
|
Grade A
|
1,699
|
Grade B
|
2,254
|
Grade C
|
3,010
|
Item 2
Without Dependents
|
Per Annum
|
|
$
|
|
|
Grade A
|
1,185
|
Grade B
|
1,580
|
Grade C
|
2,108
|
Table 6 - Detectives’
Special Allowance
|
Per Annum
|
|
$
|
From the beginning of the first full pay period to
commence on or after 1July 2009
|
1,472
|
From the beginning of the first full pay period to
commence on or after 1 July 2010
|
1,531
|
Table 7 - Special
Duties Allowances (Non-Commissioned Officers)
From the beginning of the first full pay period to
commence on or after 1 July 2009
|
|
$ Per Annum
|
Grade 1
|
|
|
Six months following permanent appointment
|
961
|
|
Grade 2
|
|
|
Six months following permanent appointment
|
1,439
|
|
3 years after permanent appointment
|
1,678
|
|
5 years after permanent appointment
|
1,915
|
|
Grade 3
|
|
|
Six months following permanent appointment
|
2,401
|
|
3 years after permanent appointment
|
2,879
|
|
5 years after permanent appointment
|
3,365
|
|
Grade 4
|
|
|
Six months following permanent appointment
|
4,076
|
|
3 years after permanent appointment
|
5,036
|
|
5 years after permanent appointment
|
6,233
|
|
|
From the beginning of the first full pay period to
commence on or after 1 July 2010
|
|
$ Per Annum
|
|
Grade 1
|
|
|
Six months following permanent appointment
|
999
|
|
Grade 2
|
|
|
Six months following permanent appointment
|
1,497
|
|
3 years after permanent appointment
|
1,745
|
|
5 years after permanent appointment
|
1992
|
|
Grade 3
|
|
|
Six months following permanent appointment
|
2,497
|
|
3 years after permanent appointment
|
2,994
|
|
5 years after permanent appointment
|
3,500
|
|
Grade 4
|
|
|
Six months following permanent appointment
|
4,239
|
|
3 years after permanent appointment
|
5,237
|
|
5 years after permanent appointment
|
6,482
|
|
|
Table 8 -
Professional/Academic Qualification Allowance (Constable or Senior Constable)
Commencing from the first full pay period to begin on or
after 1 January 2003
|
Professional/Academic Qualification
|
Per Annum
|
|
$
|
|
|
Diploma in Criminology
|
398
|
|
|
Bachelor or Law Degree and
|
792
|
Other relevant approved Degrees
|
|
Or Associate Diplomas or Associate
|
|
Diploma in Justice Administration
|
|
|
|
With effect from 1 January 2002:
|
|
|
|
Vocationally relevant degrees as
|
792
|
defined in subclause 42.3, Professional Academic
Qualifications Allowances.
|
|
|
|
Table 9 - On-Call Allowances
(Non-Commissioned Officers)
|
|
Commencing from the first full pay period to begin on or
after 1 July 2009
|
Where the period advised to be on call is between 2
ordinary shifts or less than
|
15.88
|
24 hours, for each such period the rate is;
|
|
Where the period advised to be on call is 24 hours, for
each such period the
|
23.80
|
rate is;
|
|
Vehicle Care as defined in 43.2
|
7.91
|
|
|
Commencing from the first full pay period to begin on or
after 1 July 2010
|
Where the period advised to be on call is between 2
ordinary shifts or less than
|
16.52
|
24 hours, for each such period the rate is;
|
|
Where the period advised to be on call is 24 hours, for
each such period the
|
24.75
|
rate is;
|
|
Vehicle Care as defined in 43.2
|
8.23
|
|
|
Where a period on call exceeds 24 hours or multiples thereof,
the appropriate allowance shall be paid for each period of 24 hours together
with the appropriate allowance for a period less than 24 hours.
Table 10 - Meal
Allowances (Non-Commissioned Officers)
Where a Non-Commissioned Officers incur an expense in
purchasing a meal;
when they have worked more than one half hour beyond the
completion of a rostered shift or
where they have performed duty at a place where no
reasonable meal facilities were available for partaking of a meal or
where they are performing escort duty and cannot carry a
meal;
shall be paid the appropriate meal allowance in accordance
with the following table;
Breakfast
|
$24.95
|
Lunch
|
$24.95
|
Dinner
|
$24.95
|
Supper
|
$9.20
|
Table 11 - Stocking
Allowance (Non-Commissioned Officers)
|
Maximum Per
|
|
Annum
|
|
$
|
Stocking Allowance
|
116.00
|
Table 12 - Plain
Clothes Allowances (Non-Commissioned Officers)
Non-Commissioned Officers required to perform duty in plain
clothes shall be paid the following
|
allowances in accordance with the provisions of clause 59
- Provision of Uniform lieu of the provision of
|
uniform. (Note: Non-Commissioned Officers paid as Detectives
under clause 38 Salaries (Detectives) shall
|
not be entitled to a Plain Clothes Allowance).
|
|
|
Per Annum
|
|
|
|
|
$
|
|
|
|
Non-Commissioned Officers required to perform duty in snow
|
1,408.00
|
|
|
|
climate areas as specified in paragraph 59.6 - Provision
of
|
|
|
|
|
Uniform
|
|
|
|
|
Non-Commissioned Officers required to perform duty in cold
|
1,347.00
|
|
|
|
climate areas (category 2) as specified in paragraph 59.5
-
|
|
|
|
|
Provision of Uniform
|
|
|
|
|
Non-Commissioned Officers required to perform duty in cold
|
1,317.00
|
|
|
|
climate areas (category 1) as specified in paragraph 59.4
-
|
|
|
|
|
Provision of Uniform
|
|
|
|
|
All other Non-Commissioned officers.
|
1,208.00
|
|
|
Schedule 1
Crown Employees (Police Officers - 2008) Award - History
Date Published
|
Volume
|
Part
|
Publication No.
|
Description
|
29 August 2008
|
366
|
2
|
C6621
|
Award
|
26 December 2008
|
366
|
6
|
C6725
|
Variation
|
26 December 2008
|
366
|
6
|
C6772
|
Variation
|
25 September 2009
|
369
|
1
|
C7191
|
Variation
|
Schedule 2
Schedule of Agreements referred to in clause 90 Area,
Incidence and Duration.
1. Non Commissioned
Police Officer Police Department (Public Service Board) Agreement No. 2396 of
1982.
2. Commissioned
Police Officers Police Department (Public Service Board) Agreement No. 2395 of
1983.
R.
P. BOLAND J , President
____________________
Printed by
the authority of the Industrial Registrar.